HomeMy WebLinkAboutConditions of ApprovalDavid Pesnichak
From:
Sent:
To:
Subject:
David Pesnichak
Tuesday, August L4,2018 1L:28 AM
'Jon Fredericks'
RE: AVPC - COA #3
Thanks Jon.
I have reviewed the information provided by Craig Corona regarding the additional well permit to serve the 12th dwelling
unit. With this, I have provided direction to the Building Department to begin issuing building permits for Zone 1of the
Aspen polo Club pUD. Of course, all development for Zone L must be in compliance with the representations made
within the PUD, including applicable Conditions of Approval.
Best,
Dave
David Pesnichak, AICP
Senior Planner
Garfield County
Community Development Depa rtment
108 8th st suite 401
Glenwood Springs, CO 81601
(97O) 94s-8212
dpesnichak@garfield-countv.com
http://www.ga rfield-countv.com/com m unitv-development/
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STATE HIGHWAY ACCESS PERMIT
^1'1
CDOT Pemil No'
317090
State Highway No / MP / Side
082A116.030/Right
Permit Fee PN\{J/_1-V -\
stoo.ob q
--oate
o rransmittal
01/06/2018
Begion / Section / Patrol / Name
3 I 0212K16 Jetf Lewis
Local Jurisdiction
Garfield CountY
The Permittee(s):
Aspen Polo Partners, LLC
715 West Main Street Suite 201
Aspen, Colorado 81611
The Applicant(s):
Cassie Slade
PO Box 1 9768
Boulder, Colorado 80301
(303) 6s2-3s71
is hereby grantsd permission to hav6 an access to the state highw-ay at the location noled below. The access shall be construcled, maintained ard used in
accordance with this permit, i""ba"giir" st"t" Hign*"y lori" c,ia"
"nd
any attachments, terms, conditions.and exhiHts. This permil may be.revoked
by the lssuing Authority if at any time the permited access and it" ,se ;iohr" iny parts ol this permit. The issuing authority, the Dopartment and lhoir duly
"ip"ri"u "r,rt"ti
ina irdovei,r rr'"ii uJtt"ra harmless "dn.i;i "alon
for Frsonal iniury br properry damage sustained bv reason o' lhe exorcise of
the oemit.
Location:
16411 Old Hwy 82
Rccess ro ProraOe Serv,ce ro.(knd Use Codc)
210 - Sinole-Famllv Detached Housinq tl3 unltg
451 - Eouestrian Cenier Polo FielddCommuniW
Total Tratflc
(Size)
43
7
50
(Unib)
DHV
DHV
DHV
Fddil tonal I nf orrn atio 1r
MUNICIPALITY OR COUNTY APPBOVAL
Reouired onlv when the appropriate local authority retains issuing authority----l5ate lTiilill:l
ditions and relerenced attachments contained
hirein. All c-onstruction snall be completed in an expeditious and sale manner and shall be finished within 45 days lrom
lnitiation. The permitted access snatiUe completed in accordance with the terms and conditions of the permit prior lo
being used,
The permittee shail notfi Ttm Hotbrook 2K4 with the Cotorado Department of Transportation, at (970) 3Bf-3366 at
least 48 hours prlor to commencing construction within the State Hlghway dght-ol-way.
The person signing gs the psrminse must b€ the owner or legal rspresentalive ol the property $erved by lhe permitted access and have full authority to
accept the permit a/h iB t91ms and conditions.
Coa n {r. -
Print Name
0Aa.sc C
Co-Permltteo Si gnrtur.: (i applicable)Print Name Date s
inis permit is not valid until signed by a duly authorized representalive of the Department.
COLORADO DEPAHTMENT OF TRANSPORTATION
r;yru)./6;,rint Name
1^*, \ kn*c^
Tnle
Pe.r*J hA*rrn f w
Date (ot issue)1-k-tt
andm.Ynot huacdRequircd:
'l.Region
2.Applicent
3,Stall Access Saaion
4.Cenlrel Filos
Maka copies as nacessary lor:
Local Authority lnsPoolor
MTCE Patrol Trarfic Enginoor
Prlvlour.dlllorlr ur oblohb and m.y not h uacd
Pagcl ol3 CDOTFormf,lol 5O7Copy Dldrlbutlon:
State Highway Access Permit
Form 101, Page2
The following paragraphs are excerpts of the State Highway
Access Code. These are provided for your convenience but
do not alleviate compliance with all sections of the Access
Code. A copy of the State Highway Access Code is available
from your local issuing authority (local government) or the
Colorado Department of Transportation (Department).
When this permit was issued, the issuing authority made its
decision based in part on information submitted by the
applicant, on the access category which is assigned to the
highway, what alternative access to other public roads and
streets is available, and safety and design standards.
Changes in use or design not approved by the permit or the
issuing authority may cause the revocation or suspension of
the permit.
APPEALS
1. Should the permittee or applicant object to the denial of
a permit application by the Department or object to any of the
terms or conditions of a permit placed there by the
Department, the applicant and permittee (appellant) have a
right to appeal the decision to the [Transportation]
Commission [of Colorado]. To appeal a decision, submit a
request for administrative hearing to the Transportation
Commission of Colorado within 60 days of transmittal of
notice ol denial or transmittal of the permit for signalure.
Submit the request to the Transportation Commission ol
Colorado, 4201 East Arkansas Avenue, Denver, Colorado
80222-3400. The request shall include reasons for the
appeal and may include changes, revisions, or conditions
that would be acceptable to the permittee or applicant.
2. Any appeal by the applicant or permittee of action by a
local issuing authority shall be filed with the local authority
and be consistent with the appeal procedures of the local
authority.
3. ln submitting the request for administrative hearing, the
appellant has the option of including within the appeal a
request for a review by the Department's internal
administrative review committee pursuant to [Code]
subsection 2.10. When such committee review is requested,
processing of the appeal for lormal administrative hearing,
2.9(5) and (6), shall be suspended until the appellant notifies
the Commission to proceed with the administrative hearing,
or the appellant submits a request to the Commission or the
administrative law judge to withdraw the appeal. The two
administrative processes, the internal administrative review
committee, and the administrative hearing, may not run
concurrently.
4. Regardless of any communications, meetings,
administrative reviews or negotiations with the Department
or the lnternal administrative review Committee regarding
revisions or objections to the permit or a denial, if the
permittee or applicant wishes to appeal the Department's
decision to the Commission for a hearing, the appeal must
be brought to the Commission wilhin 60 days of transmittal
of notice of denial or transmittal of the permit.
PERMIT EXPIRATION
1. A permit shall be considered expired if the access is not
under construction within one year of the permit issue date
or before the expiration of any authorized extension. When
the permittee is unable to commence construction within one
year after the permit issue date, the permittee may request a
one year extension from the issuing authority. No more than
two one-year extensions may be granted under any
circumstances. lf the access is not under construction within
three years from date of issue the permit will be considered
expired. Any request for an extension must be in writing and
submitted to the issuing authority before the permit expires.
The request should state the reasons why the extension is
necessary, when construction is anticipated, and include a
copy of page 1 (lace of permit) of the access permit.
Extension approvals shall be in writing. The local issuing
authority shall obtain the concurrence of the Department
prior to the approval of an extension, and shall notify the
Department of all denied extensions within ten days. Any
person wishing to reestablish an access permit that has
expired may begin again with the application procedures. An
approved Notice to Proceed, automatically renews the
access permit for the period of the Notice to Proceed.
CONSTRUCTION
1. Construction may not begin until a Notice to Proceed is
approved. (Code subsection 2.41
2. The construction of the access and its appurtenances as
required by the terms and conditions of the permit shall be
completed at the expense of the permittee except as
provided in subsection 2.14. All materials used in the
construction of the access within the highway right-of-way or
on permanent easements, become public property. Any
materials removed from the highway right-of-way will be
disposed of only as directed by the Department. All fencing,
guard rail, traffic control devices and other equipment and
materials removed in the course of access construction shall
be given to the Department unless otherwise instructed by
the permit or the Department inspector.
3. The permittee shall notify the individual or the office
specified on the permit or Notice to Proceed at least two
working days prior to any construction within state highway
right-of-way. Construction of the access shall not proceed
until both the access permit and the Notice to Proceed are
issued. The access shall be completed in an expeditious and
safe manner and shall be finished within 45 days {rom
initiation of construction within the highway right-of-way. A
construction time extension not lo exceed 30 working days
may be requested from the individual or office specified on
the permit.
4. The issuing authority and the Department may inspect
the access during construction and upon completion of the
access to ensure that all terms and conditions of the permit
are met. lnspectors are authorized to enforce the conditions
ol the permit during construction and to halt any activities
within state right-of-way that do not comply with the
provisions of the permit, that conflict with concurrent highway
construction or maintenance work, that endanger highway
property, natural or cultural resources protected by law, or
the health and safety of workers or the public.
5. Prior to using the access, the permittee is required to
complete the construction according to the terms and
conditions of the permit. Failure by the permittee to abide by
all permit terms and conditions shall be sufficient cause lor
the Department or issuing authority to initiate action to
suspend or revoke the permit and close the access. lf in the
determination of the Department or issuing authority the
failure to comply with or complete the construction
requirements of the permit create a highway safety hazard,
such shall be sufficient cause lor the summary suspension
of the permit. lf the permittee wishes to use the access prior
to completion, arrangements must be approved by the
issuing authority and Department and included in the permit'
The Department or issuing authority may order a halt to any
unauthorized use of the access pursuant to statutory and
regulatory powers. Reconstruction or improvement of the
access may be required when the permittee has failed to
meet required specifications of design or materials' lf any
construction element fails within two years due to improper
construction or material specifications, the permittee shall be
responsible for all repairs. Failure to make such repairs may
result in suspension of the permit and closure of the access.
6. The permittee shall provide construction traffic control
devices at all times during access construction, in
conformance with the M.U.T.C.D. as required by section 42-
4-104, C.R.S., as amended.
7. A utility permit shall be obtained lor any utilily work within
highway right-of-way. Where necessary to remove, relocate,
or repair a traflic control device or public or private utilities for
the construction ol a permitted access, the relocation,
removal or repair shall be accomplished by the permittee
without cost to the Department or issuing authority, and at
the direction of the Department or utility company. Any
damage to the state highway or other public right-of-way
beyond that which is allowed in the permit shall be repaired
immediately. The permittee is responsible for the repair of
any utility damaged in the course of access construction,
reconstruction or rePair.
8. ln the event it becomes necessary to remove any right-
of-way fence, the posts on either side ol the access shall be
securely braced with an approved end post before the fence
is cut to prevent any slacking of the remaining fence. All
posts and wire removed are Department property and shall
be turned over to a representative of the Department.
9. The permittee shall ensure that a copy of the permit is
available for review at the construction site at all times. The
permit may require the contractor to notify the individual or
office specified on the permit at any specified phases in
construction to allow the field inspector to inspect various
aspects of construction such as concrete forms, subbase,
base course compaction, and materials specifications. Minor
changes and additions may be ordered by the Department
or local authority field inspector to meet unanticipated site
conditions.
10. Each access shall be constructed in a manner that shall
not cause water to enter onto the roadway or shoulder, and
shall not interfere with the existing drainage system on the
right-of-way or any adopted municipal system and drainage
plan.
1 1. By accepting the permit, permittee agrees to save,
indemnify, and hold harmless to the extent allowed by law,
the issuing authority, the Department, its oflicers, and
employees lrom suits, actions, claims of any type or
charaCter brought because of injuries or damage sustained
by any person resulting from the permittee's use ol the
access permit during the construction ol the access.
CHANGES IN ACCESS USE AND PERMIT VIOLATIONS
1. lt is the responsibility ol the property owner and
permittee to ensure that the use of the access to the property
is not in violation of the Code, permit terms and conditions or
the Act. The terms and conditions of any permit are binding
upon all assigns, successors-in-interest, heirs and
occupants. lf any significant changes are made or will be
made in the use ol the property which will alfect access
operation, traflic volume and or vehicle type, the permittee or
property owner shall contact the local issuing authority or the
Department to determine if a new access permit and
modifications to the access are required.
2. When an access is constructed or used in violation of
the Code, section 43'2-147(5)(c), C'R.S., of the Act applies.
The Department or issuing authority may summarily suspend
an access permit and immediately order closure of the
access when its continued use presents an immediate threat
to public health, welfare or safety. Summary suspension
shall comply with article 4 of title 24, C.R,S.
MAINTENANCE
1. The permittee, his or her heirs, successors-in-interest,
assigns, and occupants of the property serviced by the
access shall be responsible for meeting the terms and
conditions of the permit, the repair and maintenance of the
access beyond the edge of the roadway including any cattle
guard and gate, and the removal or clearance of snow or ice
upon the access even though deposited on the access in the
course of Department snow removal operations. Within
unincorporated areas the Department will keep access
culverts clean as part of maintenance ol the highway
drainage system. However, the permittee is responsible for
the repair and replacement of any access-related culverts
within the right-of-way. Within incorporated areas, drainage
responsibilities for municipalities are determined by statute
and local ordinance. The Department will maintain the
roadway including auxiliary lanes and shoulders, except in
those cases where the access installation has failed due to
improper access construction and/or failure to follow permit
requirements and specifications in which case the permittee
shall be responsible for such repair. Any significant repairs
such as culvert replacement, resurlacing, or changes in
design or specifications, requires authorization from the
Department.
Form 101, Page 3
January 6,2018 PERMIT No. 317090
Permittee(s): Marc GanziLocation: Garfield County on CO Highway 082A, near Mile Ref. pt. 16.03 Right
TERMS AND CONDITIONS
1. This permitted access is onty for the use and purpose stated in the Apptication and Permit.
This Permit is issued in accordancewith the State HighwayAccess Code (2 CCR 601-l), and is
based in part upon the information submitted by the Permittee. Any subsequent retocation,
reconstruction, or modifications to the access or changes in the traffic votume or traffic
nature using the access shall be requested for by means of a new apptication. Any changes
causing non'comptiance with the Access Code may render this permit void, requiring a new
permit.
2. This permit replaces permit any and atl additional access permits that may be in existence
for this access.
3. This permit is for new fu[[ movement access for residential access and recreational access.
4. The total traffic votume shatl be 50 DHV (passenger car equivatents).
5. This access sha[[ be designed and re-constructed 25 to 40 feet wide in accordance with
Section Four of the State Highway Access Code.
6. The turning radii shatl be designed and constructed to accommodate the largest vehicte
using the access, and be least 25'per Section 4.6 of the State Access Code.
7. This design shat[ be in conformance with Section 4 of the State Highway Access Code, 2 CCR
601-1. As such, the horizontal axis of the access to the frontage road shatl be constructed
perpendicutar (at an angte of 90 degrees) to the centertine of the highway and extend a
minimum distance of 40 feet from the edge of the roadway, or to the property [ine,
whichever is greater.
8. An '18-inch minimum cutvert with protective end treatments may be required for this access.
The culvert shatl be kept free of btockage to maintain proper ftow and drainage.
9. Side stopes shatl be at a 4:1 stope on the roadway, and the access shatt stope away from the
highway at a -2% grade for the first 20 feet of driveway. This design shatt be in conformance
with section 4 of the State Highway Access Code, 2CCR 601-1.
10. The access shall be surfaced in accordance with Section 4.7 of the Access Code immediatety
upon comptetion of earthwork construction and prior to use.
11. This access shatl be hard-surfaced in accordance with Section 4.7 of the Access Code a
minimum distance of 50 feet from the traveted way or to the CDOT Right-of-Way. Where
the hard surface is to abut the existing pavement, the existing pavement shatt be saw cut
and removed a minimum of one foot back from the existing edge for bituminous, or until an
acceptabte existing cross stope is achieved. Surfacing shatI meet the Department's
specifications with minimum surfacing to be equat to, or greater than, existing highway
conditions.
12. Materials, Placing and Compaction of a Commercial Access up to 99 DHV:
Untess the Appticant has approval from the Access Manager which may state othenvise, the
fottowing witt be required for driveway construction:
Hot Mix Asohatt Option (HMA)
Base: 16 inches of ctass 6 gravel with maximum 6-inch lifts, Surface: 4 inches of HlvtA in two,
2-inch [ifts. Compaction of the subgrade, embankments and backfitt shatt compty with
January 6,2018 PERMIT No. 317090
Permittee(s): Marc Ganzi
Location: Garfield County on CO Highway 082A, near Mile Ref. Pt. 16.03 Right
sections 203 & 304 of the Cotorado Highway Standard Specifications for Road and Bridge
Construction.
Concrete Pavement Option: Portland Cement (PCCP)
gase: a inches of Ctass 6 gravet, Surface: A minimum of 6" of doweted and tied PCCP.
Compaction of the subgride, embankments and backfitt shatl compty with sections 203 & 304
of the Cotorado Highway Standard Specifications for Road and Bridge Construction.
13. A Notice to Proceed, CDOT Form 1265, is required before beginning construction on the
access or any activity within the highway Right-of-Way. To receive the Notice to Proceed
the Applicant shalt submit a complete packet to CDOT with the following items:
(a) A cover letter requesting a Notice to Proceed, and the intended date to begin
construction.
(b) Construction Ptans (11"x 17" with a minimum scate of 1" = 50') by a licensed
Professional Engineer and be in futt comptiance with the State Highway Access Code. The
ptan shatl provide:
i) Ptan view with driveway dimensions - turn radius, width, stope, gates, etc.
ii) Typicat road section - existing and proposed sub base, base, pavement, and shoutder
dimensions.
iii) Centertine profite of the access/highway connection showing depths, driveway stope,
etc.
(c) Certificate of lnsurance for Liabitity as per Section 2.3(11)(i) of the State Highway Access
Code, naming CDOT as an additionat insured for generat tiabitity;
(d) A certified Traffic Control Ptan (TCP) in accordance with Section 2.4(6) of the Access
Code and the Manua[ on Uniform Traffic Controt Devices (MUTCD);
(e) A TCP that identifies the correct wording, number, spacing, and type, of devices to be
used, according to MUTCD standards and CDOT's Work Zone Sofety Guidelines for
Municipatities,-lltilities, ond Contractors, and be based on the highway speed, tane
width, and location; and
(f) A TCP that shatt provide accessibitity features to accommodate atl pedestrians inctuding
persons with disabitities for atI pathways during construction.
14. No drainage from this site shatt enter onto the State Highway travel [anes. The Permittee is
required to maintain al,[ drainage in excess of historical ftows and time of concentration on
site. Att existing drainage strucfures shatt be extended, modified or upgraded, as appticabte,
to accommodate att new construction and safety standards, in accordance with the
Department's standard specifications.
15. Open cuts, which are at teast 4 inches in depth, within 30 feet of the edge of the State
Highway traveted way, witl not be teft open at night, on weekends, or on hotidays, or shatl
be protected with a suitabte barrier per State and Federal Standards.
16. Nothing in this permit shatt prohibit the Chief Engineer from exercising the right granted in
CRS 43-3-1Q2-inctuding, but not timited to, restricting teft hand turns by construction of
physical medial separations.
17.The Permittee is responsibte for obtaining any necessary additiona[ Federat, State and/or
City/County permits or ctearances required for construction of the access. Approval of this
January 6,2018 PERMIT No. 317090
Permittee(s): Marc Ganzi
Location: Garfield County on CO Highway 082A, near Mile Ref. pt. 16.03 Right
access permit does not constitute verification of this action by the Permittee. Permittee is
atso responsibte for obtaining at[ necessary utitity permits in addition to this access permit.
18.Att workers within the State Highway right-of-way shatl comply with their emptoyer's safety
and heatth poticies/procedures, and att appticabte U.5. Occupational Safety and Heatth
Administration (OSHA) regutations - including, but not limited to the appticabte sections of
29 CFR Part 1910 - Occupational Safety and Heatth Standards and 29 CFR Part 1926 - safety
and Heatth Regutations for Construction. Personal protective equipment (e.g. head
protection, footwear, high visibitity apparet, safety gtasses, hearing protection, respirators,
gloves, etc.) shatt be worn as appropriate for the work being performed, and as specified in
regutation.
't9. The Permittee shatt provide accessibitity features to accommodate atl pedestrians inctuding
persons with disabitities for att pathways during and after construction.
20.The Permittee is required to compty with the Americans with Disabitities Act
Accessibitity Guidetines (ADAAG) that have been adopted by the U.S. Architectural
and Transportation Barriers Compliance Board (Access Board), and incorporated by
the U.S. Attorney General as a federa[ standard. These guidetines are defining
traversabte slope requirements and prescribing the use of a defined pattern of
truncated domes as detectabte warnings at street crossings. The new Standards
Plans and can be found on the Design and Construction Project Support web page at:
https : / /www. cod ot. eov/ busi ness / desi qnsupport / standa rd- ptans.
21. When it is necessary to remove any highway right-of-way fence, the posts on either side of
the access entrance shatl be securety braced with approved end posts and in conformance
with the Department's M-607-1 standard, before the fence is cut, to prevent stacking of the
remaining fence. At[ materials removed shatl be returned to the Department.
22. lt shatt be the responsibitity of the Permittee to maintain adequate sight distance for this
driveway. lt is the sote responsibitity of the Permittee to trim and/or remove vegetation
(i.e.: weeds, grass, shrubs and trees) to maintain adequate sight distance.
23. The permittee, his or her heirs, successors-in-interest, assigns, and occupants of the
property serviced by the access shatl be responsibte for meeting the terms and conditions of
this permit, the repair and maintenance of the access beyond the edge of the roadway
inctuding any cattte guard and gate, and the removal or ctearance of snow or ice upon the
access even though deposited on the access in the course of Department snow removal
operations. Within unincorporated areas, the Department witl keep access cutverts ctean as
part of maintenance of the highway drainage system. However, the permittee is responsibte
for the repair and replacement of any access-retated cutverts within the right-of-way.
Within incorporated areas, drainage responsibitities for municipatities are determined by
statute and [oca[ ordinance. The Department wi[[ maintain the roadway inctuding auxiliary
lanes and shoutders, except in those cases where the access instattation has faited due to
improper access construction and/or faiture to fottow permit requirements and
specifications in which case the permittee shatl be responsibte for such repair. Any
significant repair such as cutvert reptacement, resurfacing, or changes in design or
specifications, requires authorization from the Department.
24. Any damage to present highway facitities inctuding traffic contro[ devices shat[ be repaired
immediately at no cost to the Department and prior to continuing other work.
January 6,2018
Permittee(s): Marc Ganzi
PERMIT No. 317090
Location: Garfield County on CO Highway 082A, near Mile Ref. Pt. 16.03 Right
25. During access construction, no construction-related, personal vehictes wit[ be permitted to
park in the state highway right-of-way.
26. lf the access has a gate across it, the gate shall be set back far enough from the highway
so that the longest vehicle using it can clear the roadway when the gate is closed.
27.Any mud or other material tracked, or otherwise deposited, on the roadway shatl be
removed daity or as ordered by the Department inspector. lf mud is an obvious condition
during site construction, it is recommended that the contractor buitd a Stabitized
Construction Entrance or Scrubber Pad at the intended construction access to aid in the
removal of mud and debris from vehicte tires. The detaits of the Stabitized Construction
Entrance can be found in the M & S Standards Ptan No. M-208-1.
28. A futty executed, comptete copy of this permit and the Notice to Proceed must be on the job
site with the contractor at atl times during the construction. Faiture to compty with this or
any other construction requirement may resutt in the immediate suspension of work by order
of the Department inspector or the issuing authority.
29. No work witt be attowed at night, Saturdays, Sundays and [ega[ hotidays without prior
authorization from the Department. The Department may atso restrict work within the
State Highway right-of-way during adverse weather conditions.
30. The access shatt be compteted in an expeditious and safe manner and shatl be compteted
within 45 days from initiation of construction within State Highway right-of-way or in
accordance with written concurrence of the Access Manager. At[ construction shatl be
compteted in a singte season.
31. Att costs associated with any type of utitity work witl be at the sote responsibitity and cost of
the Permittee and at no cost to CDOT.
32. Areas of roadway and/or right-of-way disturbed during this instaltation shatl be restored to
their original conditions to insure proper strength and stabitity, drainage and erosion
controt. Restoration shatl meet the Department's standard specifications for topsoit,
fertitization, mutching, and re-seeding.
33. Upon the comptetion of the access (and prior to any use as attowed by this permit), the
Appticant shatt notify the Access Manager by certified mai[ within 10 days to request a finat
inspection. This request shatt inctude certification that atl materiats and construction have
been compteted in accordance with atI appticabte Department Standards and Specifications;
and that the access is constructed in conformance with the State Highway Access Code, 2
CCR 601-1, inctuding this permit. The Engineer of Record as indicated on the construction
ptans, may be requested by the Department for this inspection. The access serviced by this
permit may not be opened to traffic until written approval has been given from the CDOT
Access Manager.
4Wi'"i-$*l 'o
What is stormwater runoff?
Stormwater runoff occurs when precipitation from rain or snowmelt
flows over the ground. lmpervious surfaces like roads and sidewalks
prevent stormwater from naturally soaking into the ground
Why is stormwater runoff a problem?
Stormwater can pick up debris, chemicals, dirt and other
pollutants and flow into CDOT'S storm drain system or directly
into a stream, river, lake, wetland or reservoir. Anything that
enters CDOT'S storm drain system is discharged untreated into
the waterways we use for fishing, swimming, and providing
drinking water.
^4W i#,H'tlo"
Wate r Qua I ir v'" I r rcg l-a nr
Intlustrial f acilities
Drt,graltt
CDOT has a Municipal Separate Storm Sewer System permit,
otherwise known as (MS4) from the Colorado Department of
Public Health and Environment. The permit states that only
stormwater can be discharged from CDOT'S storm drain system
Tips for Reporting dn lllicit Discharge
Call the illlcit discharge hotline at (3031 512-4426
From a safe distance try to estimate the amount of
the discharge.
ldentify characteristics of the discharge (color, odor,
algae, etc.).
Obtain information on the vehicle dumping the
waste (if applicable).
Do not approach!
Call *CSP for illicit dumping.
lf possible, take a photo, record a license plate.
Ifli&4fl,lXr'l8S&:
l{dvrr qfll tror:} cJsrrl til fh€ llliaif dlsl&nrgl,, if rficry
f:e d*ngerr:us III
For more information on CDOT Utility
Permits:
https://www. codot.eov/ b us in es s/perm its/utilitie
sspeci a I use
For more information on CDOT Access
Permits:
htt ps://www. cod ot. govlb us rne ss/pe rm its/access
permits
For more information on CDOT Water Quality
Progra m:
Water Quality Program Manager
4201 E. Arkansas Ave.
Shumate Building
Denver, Colorado 80222
303-757-C343
roTxtu^tTtmtEn
TREIT}ITI{I PIAHT
As part of the permit, CDOT has severol different
progrdms to prevent pollutants from entering into
the storm drain system:
. Construction Site Program
. New Development Redevelopment Program
. lllicit Discharge Program
. lndustrial Facilities Program
. Public Education and Outreach Program
. Pollution Prevention and Good Housekeeping
Program
. Wet Weather Monitoring Program
ffiffi,h:*lf'"
Control Measures
for lndustrial
Facilities
lndustrial facilities can use control measures (CM)
otherwise known as Best Management Practices
(BMP) during the construction of a facility and when
operating the facility. Control measures are schedules
of activities, maintenance procedures, and other
management practices to prevent and reduce
pollution entering into CDOT's storm drain system.
Control Measures also include treatment, operating
procedures, and practices to control site run off
which can include structural and non-structural
controls.
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CDOT defines a utility, or utility facility as any
privately, publicly, or cooperatively owned
line, facility, or system producing, transmitting
or distributing the following:
/ Communications
r' Cable televisiony' Power
/ Electricity
/ Li8hty' Heat Gasr'oil
y' Crude Products
/ Watet
/ stream
/ Waste
/ Stormwater not connected with highway drainage
r' Similar Commodity
lndustrial Facilities Program Elements:
1. Educate and outreach to owners
or operators that have potential to
contribute substantial pollutant to
water.
2. Report and include information on
discharge and water qualitY
concerns. Provide written
notification within 15 days of
discovery to CDPHE.
3. Submit an annual report to CDPHE
containing the number of
informational brochures
distributed; name and title of each
individual trained.
Education
There are instances when a utilitY
company or other entity doing work in the
state highway right-of-way will require
some type of environmental permit or
clearance for that work. CDOT has put
together an Environmental Clearances
lnformation Summary for those applying
for a CDOT Utility and Special Use Permit
or Access Permit to obtain all required
clearances. This fact sheet is given to each
permittee and is available at:
http: / /www.coloradodot. info/ proqrams/
envi ronmentat/ resources / quidance-
standa rds / Envi ron meqtat%20Clearances%
Z0lnfoToZOSummarv. pdf
COLORADO DEPARTMENT OF TRANSPORTATION
Environmental Clearances lnformation Summary
PURPOSE - This summary is intended to inform entities external to CDOT that may be entering the state highway right-of-way to
perform work related to their own facilities (such as Utility, Special Use or Access Permittees), about some of the more commonly
encountered environmental permits/clearances that may apply to their activities. This listing is not all-inclusive - additional
environmental or cultural resource permits/clearances may be required in certain instances. Appropriate local, state and federal
agencies should be contacted for additional information if there is any uncertainty about what permits/clearances are required for a
specific activity. !MPORTANT - Please Review The Following lnformation Carefully - Failure to Gomply With Regulatory
Requirements May Result In Suspension or Revocation of Your CDOT Permit, Or Enforcement Actions Bv Other Aqencies
CLEARANCE CONTACTS - As indicated in the permiVclearance descriptions listed below, the following individuals or agencies
may be contacted for additional information:. Colorado Department of Public Health and Environment (CDPHE): General lnformation - (303) 692-2035
Water Quality Control Division (WQCD): (303) 692-3500
Environmental Permitting Website httos:i/www.colorado.oov/pacific/cdohe/all-permits. CDOT Water Quality Program Manager: (303) 757-9343 httos://www.codot.qoviproqrams/environmental/water-qualitv. CDOT Asbestos Project Manager: Phil Kangas, (303) 512-551 I. Colorado Office of Archaeology and Historic Preservation: (303) 866-3395. U.S. Army Corps of Engineers, District Regulatory Offices:
Omaha District (NE CO), Denver Office (303) 9794120
http://www.nwo. usace.armv.mil/Missions/ReoulatoryProqram/Colorado.aspx
Sacramento Dist. (Western CO), Grand Junction Office (970) 243-1199
http:/iwww.spk. usace. armv. mil/Missions/Requlatorv.asox
Albuquerque District (SE CO), Pueblo Office (719)-543-9459
http://vwwv.spa. usace.armv.mil/Missions/RequlatorvProoramandPermits.aspxr CDOT Utilities, Special Use and Access Permittinq: (303) 757-9654 https://www.codot.qov/business/oermits
Wildlife Resources - Disturbance of wildlife shall be avoided to the maximum extent practicable. Entry into areas of known or
suspected threatened or endangered species habitat will require special authorization from the CDOT permitting office. lf any
threatened or endangered species are encountered during the progress of the permitted work, work in the sub.iect area shall be halted
and the CDOT Regional Permitting Office and Region Planning and Environmental Manager shall be contacted immediately.
Authorization must be provided by CDOT prior to the continuation of work. lnformation about threatened or endangered species may
be obtained from the CDOT website, http://www.codot.qov/proqrams/environmental/wildlife/ouidelines, or the Colorado Parks and
Wildlife (CPW) website, http://vwwv.cpw.state.co.us/learn/Paoes/SOC-ThreatenedEndanqeredList.aspx. Additional guidance may be
orovided bv the appropriate Reqion Plannino and Environmental Manaoer (RPEM).
Gultural Resources - The applicant must request a file search of the permit area through the Colorado Office of Archaeology and
Historic Preservation (OAHP), Denver, to ascertain if historic or archaeological resources have previously been identified
(http://www.historvcolorado.orq/oahp/file-search). lnventory of the permit area by a qualified cultural resources specialist may be
necessary, per the recommendation of CDOT. lf archaeological sites/artifacts or historic resources are known to exist prior to the
initiation of the permitted work or are encountered as the pro,lect progresses, all work in the subject area shall be halted and the CDOT
Regional Permitting Office and Region Planning and Environmental Manager shall be contacted immediately. Authorization must be
provided by CDOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office and
RPEM. Contact lnformation: Conlact the OAHP for file searches at (303) 866-3395.
Paleontoloqical Resources - The applicant must request a fossil locality file search through the University of Colorado Museum,
Boulder (https://cumuseum.colorado.edu/research/paleontoloov/vertebrates/policies), and the Denver Museum of Nature and Science
(http://www.dmns.orq/science/collections/earth-science-collections/) to ascertain if paleontological resources have been previously
identified in or near the permit area. lnventory of the permit area by a qualified paleontologist may be neressary, per the
recommendation of CDOT. lf fossils are encountered during the permitted work, all work in the subject area shall be halted and the
CDOT Regional Permitting Office and Region Planning and Environmental Manager shall be contacted immediately. Authorization
must be provided by CDOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office
in the Permit Special Provisions. Contact lnformation: See the museum websites listed above for Paleontological Collections
Manager contact information. Contact the CDOT Paleontologist for further information at nicole.peavev@state.co.us or (303) 757-
9632. The CDOT Paleontologist will not conduct a comprehensive file search independently of the museums.
Hazardous Materials. Solid Waste - The Solid Wastes Disposal Sites and Facilities Act C.R"S. 30-20-100, et al, and Regulations
Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), prohibit solid waste disposal without an approved Certificate
of Designation (a landfill permit). The Colorado Hazardous Waste Act C.R.S. 25-15-301 et al, and the Colorado Hazardous Waste
Regulations (6 CCR 1007-3) prohibit the transfer, storage or disposal (TSD) of hazardous waste except at permitted TSD sites. There
are no permitted landfills or TSD sites within the State Highway Right of Way. Therefore, all solid or hazardous wastes that might be
generated by the activities of entities entering the State Highway Right of Way must be removed from the ROW and disposed of at a
permitted facility or designated collection point (e.9., for solid waste, a utility or construction company's own dumpster). lf pre-existing
solid waste or hazardous materials contamination (including oil or petroleum contaminated soil, asbestos, chemicals, mine tailings,
etc.) is encountered during the performance of work, the permittee shall haltwork in the affected area and immediately contactthe
CDOT Regional Permitting Office for direction as to how to proceed. Contact lnformafion.'Theresa Santangelo-Dreiling, CDOT
Hazardous Materials Prolect Manager, (303) 512-5524, or Andy Flurkey, (303) 512-5520.
Asbestos Gontaininq Materials. Asbestos Contaminated Soil - All work on asbestos containing materials (ACM) must comply with
the applicable requirements of the CDPHE Air Pollution Control Division's (APCD) Regulation 8. Disposal of ACM, and work done in
asbestos-contaminated soil, must comply with the CDPHE Hazardous Materials and Waste Manaqement Division's (HMWMD) Solid
Environmental Clearances lnformation Summary Page 1 of 3 Colorado Department of Transportation May ''16
callyidentifyanyACMinvolvedintheworkforwhich
authorizati-on is being requested. Addition;l guidance or requirements may be specified in the permit special provisions. Contact
lnfo: CDpHEApCD and HMWMD Regulations can be accessed via the CDPHE Environmental Permitting Website listed above.
Additional information conceminq cleirance on CDOT proiects is available from the CDOT Asbestos Prolect Manager (303) 512-
ss19 or Theresa Santanoelo-Dreilino. Hazardous Materials Management Supervisor (3O3) 512-5524.
dousmaterialfortransportationincommerceunless
iththeUniteddtatesDepartmentofTransportationregulationsat49CFR,Part171.The
hazardous material must be properly classed, described, packaged, marked, labeled, and in condition for shipment as required or
authorized by applicable requirements, or an exemption, approvil or registration has been issued. Vehicles requiring a placard, must
obtain authoiization and a State HMMAT Permit from the iolorado Public Utilities Commission. Contact lnformation: For
authorization and more info call the Federal Motor Safety Canier Administration, US DOT for inter- and intra-state HMMAT
Reaistration (303) 969-6748 Colorado Public Utilities Commission: (303) 894-2868.
y.gvllg@
404 permits are required for the discharge of
dingwetlands.Therearevarioustypesof404permits,including
natio-nwide permits, which are issued for activities with relatively minor impacts. For example, there is a nationwide permit for utility
line activities (nwp #12). Depending upon the specific circumstances, it is possible that either a "general" or "individual" 404 permit
would be required. lf an individual IOi permit is required, section 401 water quality certification from-the CDPHE WQCD is also
required. Contact the appropriate Corps District Regulatory Office for information about what type of 404 permit may be required
(contact information above). Contact the CDPHE Water auality
ertoprotectandpreservethestate,SfishandwildlifereSourceSfromactlonstnat
odify,orvaryanaturalexistingStreamoritsbanksortributaries,itmaybenecessaryto
obtiin a Senate Bill 40 certification from the Colorado tiepartment of Natural Resources. A stream is defined as 1 ) represented by a
solid blue line on USGS 7.5' quadrangle maps; and/or 2) intermittent streams providing live water beneficial to fish and wildlife; and/or
3) segments of streams supporting 2do/o or more cover within 100 yards upstream or downstream of the project; and/or 4) segments of
sir"ri's having wetlands present *itnin ZOO yards upstream or downstream of the project measured by valley length. The CPW
application, as per guidelines agreed upon by cDoT and cPW, can be accessed at
htto://www.coloradodot.info/oroorams/environmental/wikllifelbuidelngs
- Discharges of stormwater runoff
from construction sites disturbing one acre or more - or certain types of industrial facilities, such as concrete batch plants - requires a
CDpS Stormwater permit. Contact lnformafion.'Contact the CDPHE Water Quality Control Division at (303) 692-3500. Website:
https://www.colorado.qov/oacific/cdphe/wo-construction-qeneral-oermits and https://colorado.qov/pacific/cdohe/wq-commerce-and-
lnd ustrv-oermits.
nd Remediation Activities - Discharges of water encountered during
excavationorworkinwetorRemediationActivitiesDischargePermit.-Confact.
lnformation: For Construction Dewatering and Remediation Activities Discharge Permits, contact the CDPHE WQCD at (303) 692-
lqno F6r anntications and lnstructions (CDPHE website): https://www.colorado.qov/pacific/cdohe/wq-construction-oeneral-permits.
it-DischargesfromthestormsewersyStemSoflarger
swithinthosemunicipalities,aresubjecttoMS4Permitsissued
oy tn" bopng WqCD. For facilities ihat lie within ihe boundaries of a municipality that is subject to an MS4 permit, the owner of such
facility should contact the municipality regarding stormwater related clearances that may have been established under that
municipality's MS4 permit. All dischargei to th; CDOT highway drainage system or within the Right of Way (ROW) must comply wlth
the applica-ble provisions of the Colorado Water Quality Controi Act, the Water Quality Control Commission WOCC) Regulations
thttps://www colorado.qov/oacific/cdohe/wocc-requlations-and-policies-and-water-qualitv-statutes) and the CDoT MS4 Permit # CoS-
). Discharges are subject to inspection by CDOT
andCDPHE.Contactth(3o3)692.35o0foralistingofmunicipalitiesrequiredtoobtain
MS4 Permits. or oo to https://www.colorado.qov/pacific/cdphe/wq-municipal-ms4-permits'
oftheColoradoWaterQualityControlActandthe
@ons.Prohibiteddischargesinclude,butarenotlimitedto,substancessuchaswaShWater,paint'
automotive fluids,lolvents, oilior soaps and sediment. Coitact tnformation: Contact the CDPHE Water Quality Control Division at
/?o?I 6q?-3500
-
otherwise identified by CDOT or the WQCD as significant
dischargestoStormwaterSyStemSareallowedwithoutaColorado
Discharge iermit System permit: landscape irrigation, diverted stream flows, uncontaminated ground water infiltration to separate
storm sewers, discharges irom potable water sources, foundation drains, air conditioning condensation, irrigation water,
uncontaminated springs, footing drains, water line flushing, flows from riparian habitats and wetlands, and flow from flrefighting
activities. Allowable non-stormwater discharges can be found at httos://www.codot.oov/proqrams/environmentaliwater-
oualitv/qlossarv.html. Contact lnformatfon: The CDPHE Water Quality Control Division (tele
itiesrequiringaStormwaterConstructionPermit,erosioncontrolrequirements
ationswhereastormWaterpermitisnotrequired,allreasonablemeaSureSshouldbe
taken in order to minimEe erosion and sedimentation according to CDOT Standard Specifications 1O7.25 and 208. All disturbances
require a stabilization plan, native seeding or landscape design plan according to applicable CDOT Standard Specifications212-217
and 623. ln any case, the CDOT Erosion Control and Stormwater Quality Guide (most recent version) should be used todesign
erosion controls and to restore disturbed vegetation. Contact lnformation: I.he CDOT Erosion Control and Stormwater Quality Guide
may be obtained from the Bid plans Office a1 (303) 757-9313 or from: https://www.codot.qov/proorams/environmental/landscape-
arch itectu re/erosion-storm-o ualitv.
Environmental Clearances lnformation Summary Page 2 of 3 Colorado Department of Transportation May '16
Disposal of Drillinq Fluids - Drilling fluids used in operations such as Horizontal Directional Drilling may Ue ctassifreO as Orse.narges
or "solid wastes," and in general, should be pumped or vacuumed from the construction area, removed from the State Highway Right
of Way, and disposed of at permitted facilities that specifically accept such wastes. Disposal of drilling fluids into storm diains, storm
sewers, roadside ditches or any other type of man-made or natural waterway is prohibited by Water Quality Control and/or Solid
Waste regulations. Small quantities of drilling fluid solids (less than 1 cubic yard of solids) may be left on-site after either being
separated from fluids or after infiltration of the water, provided: 1) the drilling fluid consists of only water and bentonite clay, or, if
required for proper drilling properties, small quantities of polymer additives that are approved for use in drinking water well drilling; 2)
the solids are fully contained in a pit, and are not likely to pose a nuisance to future work in the area, 3) the solids are covered and the
area restored as required by CDOT permit requirements (Utility, Special Use, or Access Permits, etc.). Confact lnformation:
Contact CDPHE (telephone #'s listed above).
Noxious weeds and lnvasive Specaes Manaqement Plan - Noxious Weeds and lnvasive Species guidance can be found by
contacting the Colorado Department of Agriculture (https://www.colorado.qov/pacificiaqconservation/noxiousweeds) and the
Colorado Division of parks and Wildlife (hllpJlcpw.state.co.us/aboutus/paoes/RS-NoxiousWeeds asox). ln either case, managemenl
plans involving the control of noxious weeds associated with the permitted activity and cleaninq of equipment wlll be reouired.
Concrete Washout - Waste generated from concrete activities shall NOT be allowed to flow into tfre Orainage wayslntets, receving
waters, or in the CDOT ROW. Concrete waste shall be placed in a temporary concrete washout facility and must be located a
minimum of 50 feet from state waters, drainageways, and inlets. Concrete washout shall only be performed as specified by the CDOT
Environmental Program and shall be in accordance to CDOT specifications and guidelines. Contact lnformafionr Contact CDPHE or
find additional information on the CDOT website: https://www.codot.qov/business/desionsupporU20l l-construction-soecifications/2 and refer to the specifications and their revisions for sections 101, 107 and 208.
Spill Reportinq - Spills shall be contained and cleaned up as soon as possible. Spills shall NOT be washed Oown into tne storm
drain or buried. All spills shall be reported to the CDOT lllicit Discharge Hotline at (303) 5124446 (4H20), as welt as the Regionat
Permitting Office and Regional Maintenance Supervisor. Spills on highways, into waterways, any spill in the highway right-of-way
exceeding 25 gallons, or that may otherwise present an immediate danger to the public shall be reported by calling 911, and shall also
be reported to the CDPHE al1-877-518-5608. More information can be found at https://www.colorado.qov/oacific/cdphe/emeroencv-
reoortinq-line.
About This Form - Questions or comments about this lnformation Summary may be directed to Alex Karami, Program Administrat,ol
CDOT Access Manaoement Unit, at (303) 757-9841. alex.karami@state.co.us.
Environmental Clearances lnformation Summary Page 3 of 3 Colorado Department of Transporlation May '16
ON
STATE HIGHWAY ACCESS PERMIT
^,t D ) r-11
CDOT Permit No,
317091
Siate Highuray No / MP / Side
082A116.014/Right
Permit F6€ '
$100.00
Dale ot Transmitlal
01/06/2018
Region / Section / Patrol / Name
3 I 0212K16 Jeff Lewis
Local Jurisdiction
Gar{ield CountY
ls hereby granted permission to have an acc6s to lhe stale highway at the location noted below. The access shall be constructed, maintained and used ln
accordance wilh this permit, including the State ttighway ecceii cide and any attachments, tems, condtions.and exhitits. This permit may be.revoked
bv the lssuins Authority lt at ani tlmjtte pe-ittedacc6ss and its use violate iny parts of this permit. The issuing authority, the Department and their duly
ilffj]i "d"ffi|il'il;l;G. shal be hetd harmtess ag;nsiiny action tor plisonal iniury or property damage sustained by reason of the exercise o{
th6 permit.
Location:
The Permittee(s):
Aspen Polo Partners, LLC
71 5 West Main Street Suite 201
Aspen, Colorado 8161 'l
The Applicanl(s):
Gassie Slade
PO Box 19768
Boulder, Colorado 80301
(303) 6s2-3571
Access to Provide Service to: (land usc Code) (size)
4lil - Equestrian Cenbr Polo Fields/Gommunltv 20
300'west of the School Accoss,
(Units)
DHV
MUNICIPALITY OR COUNTY APPROVAL
Required only when the appropriate local authority retains issuing auliority.
SignaturB Prlnt Name Dale Irue
conditionsandreferencedattachmentscontained
nJrein. All c-onstiuction shall be completed in an expeditious and sale mtrnner and shall be linished within 45 days from
initiJ6on. The permited access shalibe completed in a@ordance with the lerms and conditions of the permit prior to
being used.
The permlttee shalt notify Tim Holbrook 2K4 with the Golorado Department of Transportation, at (970) 38+3366 at
least 48 hours prlor to commencing consuuction within the State Hlghway right-oFway.
Tho person signing as lhe permittee must be ths owner or hgal reprclsentative of ihe properly serv€d by the permitted access and have full authority t0
accept the permit ary/ its 9{ms and condiiions'
Pcrmlttocglgn t*a, I Il-/c\P.int Name
[]A,acr ? . Coa,-nz'
Date
F.trua-rq l,?OlX
Co-Pormlttoo Sl0neturc: (ifl applicable)Print Name )Dale
@ntilsigned
COLORADO DEI'ARTMENT OF'Iffi by a duly authorized representative of the Depa
'RANSPOHTATION
rtmenl.
---_--f6-atBffiwt,t I J-E-/Ft Name A
,nv l (D-rr).t ,4r^r-l ftr,
Copy Didrlbution:Required Make copies as necessary lor:cdltblr! tre obsoleta and mry not be uicd
l.Reglon
2.Applicant
3.Statl Access Section
4.Central Files
Local Authority
MTCE Patrol
lnspoctor
Traflic Engineer
Pags 1 oti COOTFoTm*lol 3rD7
State Highway Access Permit
Form 101, Page 2
The following paragraphs are excerpts of the State Highway
Access Code. These are provided for your convenience but
do not alleviate compliance with all sections of the Access
Code. A copy of the State Highway Access Code is available
from your local issuing authority (local government) or the
Colorado Department of Transportation (Department).
When this permit was issued, the issuing authority made its
decision based in part on inlormation submitted by the
applicant, on the access category which is assigned to the
highway, what alternative access to other public roads and
streets is available, and safety and design standards.
Changes in use or design not approved by the permit or the
issuing authority may cause the revocation or suspension of
the permit.
APPEALS
'1. Should the permittee or applicant object to the denial of
a permit application by the Department or object to any of the
terms or conditions of a permit placed there by the
Department, the applicant and permittee (appellant) have a
right to appeal the decision to the [Transportation]
Commission [of Colorado]. To appeal a decision, submit a
request for adminislrative hearing to the Transportation
Commission of Colorado within 60 days of transmittal of
notice of denial or transmittal of the permit for signature.
Submit the request to the Transportation Commission of
Colorado, 4201 East Arkansas Avenue, Denver, Colorado
80222-3400. The request shall include reasons for the
appeal and may include changes, revisions, or conditions
that would be acceptable to the permittee or applicant.
2. Any appeal by the applicant or permittee of action by a
local issuing authority shall be filed with the local authority
and be consislent with the appeal procedures of the local
authority.
3. ln submitting the request for administrative hearing, the
appellant has the option of including within the appeal a
request for a review by the Department's internal
administrative review committee pursuant to [Code]
subsection 2.10. When such committee review is requested,
processing of the appeal for formal administrative hearing,
2.9(5) and (6), shall be suspended until the appellant notifies
the Commission to proceed with the administrative hearing,
or the appellant submits a request to the Commission or the
administrative law judge to withdraw the appeal. The two
administrative processes, the internal administrative review
committee, and the administrative hearing, may not run
concurrently.
4. Regardless of any communicalions, meetings,
administrative reviews or negotiations with the Department
or the internal administrative review Committee regarding
revisions or objections to the permit or a denial, if the
permittee or applicant wishes to appeal lhe Department's
decision to the Commission for a hearing, the appeal must
be brought to the Commission within 60 days of transmittal
of notice of denial or transmittal of the permit.
PERMIT EXPIRATION
1. A permit shall be considered expired if the access is not
under construction within one year of the permit issue date
or before the expiration of any authorized extension. When
the permittee is unable to commence construction within one
year after the permit issue date, the permittee may request a
one year extension from the issuing authority. No more than
two one-year extensions may be granted under any
circumstances. lf the access is not under construction within
three years from date of issue the permit will be considered
expired. Any request for an extension must be in writing and
submitted to the issuing authority before the permit expires.
The request should state the reasons why the extension is
necessary, when construction is anticipated, and include a
copy of page 1 (face of permit) of the access permit.
Extension approvals shall be in writing. The local issuing
authority shall obtain the concurrence of the Department
prior to the approval of an extension, and shall notify the
Department of all denied extensions within ten days. Any
person wishing to reestablish an access permit that has
expired may begin again with the application procedures. An
approved Notice to Proceed, automatically renews the
access permit for the period of the Notice to Proceed.
CONSTRUCTION
1. Construction may not begin until a Notice to Proceed is
approved. (Code subsection 2.41
2. The construction of the access and its appurtenances as
required by the terms and conditions of the permit shall be
completed at the expense of the permittee except as
provided in subsection 2.14. All materials used in the
construction of the access within the highway right-of-way or
on permanent easements, become public property. Any
materials removed from the highway right-of-way will be
disposed of only as directed by the Department. All fencing,
guard rail, traffic control devices and other equipment and
materials removed in the course of access construction shall
be given to the Department unless otherwise instructed by
the permit or the Department inspector.
3. The permittee shall notify the individual or the office
specified on the permit or Notice to Proceed at least two
working days prior to any construction within state highway
right-otway. Construction of the access shall not proceed
until both the access permit and the Notice to Proceed are
issued. The access shall be completed in an expeditious and
safe manner and shall be finished within 45 days from
initiation of construction within the highway right-of-way. A
construction time extension not to exceed 30 working days
may be requested from the individual or office specified on
the permit.
4. The issuing authority and the Department may inspect
the access during construction and upon completion of the
access to ensure that all terms and conditions of the permit
are met. lnspectors are authorized to enforce the conditions
of the permit during construction and to halt any activities
within state right-of-way that do not comply with the
provisions of the permit, that conflict with concurrent highway
conslruction or maintenance work, that endanger highway
property, natural or cultural resources protected by law, or
the health and safety of workers or the public.
5. Prior to using the access, the permittee is required to
complete the construction according to the terms and
conditions ol the permit. Failure by the permittee to abide by
all permit terms and conditions shall be sufficient cause for
the Department or issuing authority to initiate action to
suspend or revoke the permit and close the access. lf in the
determination of the Department or issuing authority the
failure to comply with or complete the construction
requirements of the permit creale a highway safety hazard,
such shall be sufficient cause for the summary suspension
of the permit. lf the permittee wishes to use the access prior
to completion, arrangements must be approved by the
issuing authority and Department and included in the permit.
The Department or issuing authority may order a halt to any
unauthorized use of the access pursuant to statutory and
regulatory powers. Reconstruction or improvement of the
access may be required when the permittee has failed to
meet required specifications of design or materials. ll any
construction element fails within two years due to improper
construction or material specifications, the permittee shall be
responsible lor all repairs. Failure to make such repairs may
result in suspension ol the permit and closure of the access.
6. The permittee shall provide construction tralfic control
devices at all times during access construction, in
conformance with the M.U.T.C.D. as required by section 42-
4-104, C.R.S., as amended.
7. A utility permit shall be obtained for any utility work within
highway right-of-way. Where necessary to remove, relocate,
or repair a traffic control device or public or private utilities for
the construction of a permitted access, the relocation,
removal or repair shall be accomplished by the permittee
without cost to the Department or issuing authority, and at
the direction of the Department or utility company. Any
damage to the state highway or other public right-otway
beyond that which is allowed in the permit shall be repaired
immediately. The permittee is responsible for the repair of
any utility damaged in the course of access construction,
reconstruction or rePair.
8. ln the event it becomes necessary to remove any right-
of-way fence, the posts on either side of the access shall be
securely braced with an approved end post before the fence
is cut to prevent any slacking of the remaining fence. All
posts and wire removed are Department property and shall
be turned over to a representative of the Department.
9. The permittee shall ensure that a copy ol the permit is
available for review at the construction site at all times. The
permit may require the contractor to notily the individual or
office specified on the permit at any specified phases in
construction to allow the field inspector to inspect various
aspects of construction such as concrete forms, subbase,
base course compaction, and materials specifications. Minor
changes and additions may be ordered by the Department
or local authority field inspector to meet unanticipated site
conditions.
10. Each access shall be construcled in a manner that shall
not cause water to enter onto the roadway or shoulder, and
shall not interfere with the existing drainage system on the
right-of-way or any adopted municipal system and drainage
plan.
1 1. By accepting the permit, permittee agrees to save,
indemnify, and hold harmless to the extent allowed by law,
the issuing authority, the Department, its officers' and
employees from suits, actions, claims of any type or
character brought because of injuries or damage sustained
by any person resulting from the permittee's use of the
access permit during the construction of the access.
CHANGES IN ACCESS USE AND PERMIT VIOLATIONS
1. lt is the responsibility of the property owner and
permittee to ensure that the use of the access to the property
is not in violation ol the Code, permit terms and conditions or
the Act. The terms and conditions of any permit are binding
upon all assigns, successors-in-interest, heirs and
occupants. lf any significant changes are made or will be
made in the use of the property which will affect access
operation, traffic volume and or vehicle type, the permittee or
property owner shall contact the local issuing authority or the
Department to determine if a new access permit and
modifications to the access are required'
2. When an access is constructed or used in violation of
the Code, section 43'2-147(5)(c), C.R.S., of the Act applies.
The Department or issuing authority may summarily suspend
an access permit and immediately order closure of the
access when its continued use presents an immediate threat
to public health, welfare or safety. Summary suspension
shall comply with article 4 of title 24, C.R.S'
MAINTENANCE
1. The permittee, his or her heirs, successors-in-interest,
assigns, and occupants of the property serviced by the
access shall be responsible for meeting the terms and
conditions of the permit, the repair and maintenance of the
access beyond the edge ol the roadway including any cattle
guard and gate, and the removal or clearance of snow or ice
upon the access even though deposited on the access in the
course of Department snow removal operations. Within
unincorporated areas the Department will keep access
culverts clean as part of maintenance ol the highway
drainage system. However, the permittee is responsible lor
the repair and replacement of any access-related culverts
within the right-of-way. Within incorporated areas, drainage
responsibilities for municipalities are determined by statute
and local ordinance. The Department will maintain the
roadway including auxiliary lanes and shoulders, except in
those cases where the access installation has failed due to
improper access construction and/or failure to lollow permit
requirements and specifications in which case the permittee
shall be responsible for such repair. Any significant repairs
such as culvert replacement, resurfacing, or changes in
design or specifications, requires authorization from the
Department.
Form 10'l , Page 3
January 6,2018 PERMIT No. 317091
Permittee(s): Marc GanziLocation: Garfield County on CO Highway 082A, near Mile Ref. pt. 16.014 Right
TERMS AND CONDITIONS
1. This permitted access is only for the use and purpose stated in the Apptication and Permit.
This Permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), and is
based in part upon the information submitted by the Permittee. Any subsequent retocation,
reconstruction, or modifications to the access or changes in the traffic votume or traffic
nature using the access shatl be requested for by means of a new appl.ication. Any changes
causing non-comptiance with the Access Code may render this permit void, requiring a new
permit.
2. This permit reptaces permit any and atl additional access permits that may be in existence
for this access.
3. This permit is for new futl movement access for residential access and recreational access
(Poto Fietds).
4. The totat traffic votume shatl be 20 DHV (passenger car equivatents).
5. This access shatl be designed and re-constructed 25 to 40 feet wide in accordance with
Section Four of the State Highway Access Code.
6. The turning radii sha[[ be designed and constructed to accommodate the largest vehicte
using the access, and be least 25'per Section 4.6 of the State Access Code.
7. This design shatt be in conformance with Section 4 of the State Highway Access Code, 2 CCR
601'1. As such, the horizontat axis of the access to the frontage road shatt be constructed
perpendicutar (at an angte of 90 degrees) to the centertine of the highway and extend a
minimum distance of 40 feet from the edge of the roadway, or to the property [ine,
whichever is greater.
8. An 18-inch minimum cutvert with protective end treatments may be required for this access.
The cutvert shat[ be kept free of btockage to maintain proper ftow and drainage.
9. Side stopes shatl be at a 4:1 stope on the roadway, and the access shatl stope away from the
highway al a -2% grade for the first 20 feet of driveway. This design shatt be in conformance
with section 4 of the State Highway Access Code, 2CCR 601-1.
10. The access sha[[ be surfaced in accordance with Section 4.7 of the Access Code immediatety
upon comptetion of earthwork construction and prior to use.
11.This access shatl be hard-surfaced in accordance with Section 4.7 of the Access Code a
minimum distance of 50 feet from the traveted way or to the CDOT Right-of-Way. Where
the hard surface is to abut the existing pavement, the existing pavement shatt be saw cut
and removed a minimum of one foot back from the existing edge for bituminous, or until an
acceptabte existing cross stope is achieved. Surfacing shatl meet the Department's
specifications with minimum surfacing to be equal to, or greater than, existing highway
conditions.
12. Materials, Placing and Compaction of a Commercial Access up to 99 DHV:
Untess the Appticant has approval from the Access Manager which may state othenrise, the
fottowing wit[ be required for driveway construction:
Hot Mix Asphalt Option (HlvlA)
Base: 16 inches of class 6 gravetwith maximum 6-inch lifts, Surface: 4 inches of HMA in two,
2-inch tifts. Compaction of the subgrade, embankments and backfitt shall compty with
January 6,2018 PERMIT No. 317091
Permittee(s): Marc Ganzi
Location: Garfield County on CO Highway 082A, near Mile Ref. Pt. 16.014 Right
sections 203 & 304 of the Cotorado Highway Standard Specifications for Road and Bridge
Construction.
Concrete Pavement Option: Portland Cement (PCCP)
Base: 4 inches of ctass 6 gravel, Surface: A minimum of 6" of doweted and tied PCCP.
Compaction of the subgrade, embankments and backfilt shat[ compty with sections 203 & 304
of the Cotorado Highway Standard Specifications for Road and Bridge Construction.
13.A Notice to Proceed, CDOT Form 1265, is required before beginning construction on the
access or any activity within the highway Right-of-Way. To receive the Notice to Proceed
the Appticant shalt submit a complete packet to CDOT with the following items:
(a) A cover letter requesting a Notice to Proceed, and the intended date to begin
construction.
(b) Construction Ptans (11"x 17" with a minimum scate of 1" = 50') by a ticensed
Professional Engineer and be in futt comptiance with the State Highway Access Code. The
ptan shatl provide:
i) Ptan view with driveway dimensions - turn radius, width, stope, gates, etc.
ii) Typicat road section - existing and proposed sub base, base, pavement, and shoutder
dimensions.
iii) Centertine profite of the access/highway connection showing depths, driveway stope,
etc.
(c) Certificate of lnsurance for Liabitity as per Section 2.3(11)(i) of the State Highway Access
Code, naming CDOT as an additional insured for generat tiabitity;
(d) A certified Traffic Controt Ptan (TCP) in accordance with Section 2.4(6\ of the Access
Code and the Manua[ on Uniform Traffic Controt Devices (MUTCD);
(e) A TCP that identifies the correct wording, number, spacing, and type, of devices to be
used, according to MUTCD standards and CDOT's Work Zone Safety Guidelines for
tvlunicipatities, Utilities, and Contractors, and be based on the highway speed, tane
width, and location; and
(f) A TCP that shatt provide accessibitity features to accommodate att pedestrians inctuding
persons with disabitities for atl pathways during construction.
14. No drainage from this site shatt enter onto the State Highway travel [anes. The Permittee is
required to maintain att drainage in excess of historical ftows and time of concentration on
site. Att existing drainage structures shatt be extended, modified or upgraded, as appticabte,
to accommodate att new construction and safety standards, in accordance with the
Department's standard specifications.
15. Open cuts, which are at teast 4 inches in depth, within 30 feet of the edge of the State
Highway traveted way, witt not be left open at night, on weekends, or on hotidays, or shatl
be protected with a suitable barrier per State and Federa[ Standards.
16. Nothing in this permit shatt prohibit the Chief Engineer from exercising the right granted in
CRS 43-3-102-inctuding, but not timited to, restricting left hand turns by construction of
physica[ medial separations.
17.The Permittee is responsibte for obtaining any necessary additional Federat, State and/or
City/County permits or ctearances required for construction of the access. Approval of this
January 6,2018 PERMIT No. 317091
Permittee(s): Marc GanziLocation: Garfield County on CO Highway 082A, near Mile Ref. Pt. 16.014 Right
access permit does not constitute verification of this action by the Permittee. Permittee is
atso responsibte for obtaining atl necessary utitity permits in addition to this access permit.
18.Att workers within the State Highway right-of-way shatt compty with their emptoyer's safety
and heatth poticies/procedures, and atl appticabte U.S. Occupationa[ Safety and Heatth
Administration (OSHA) regutations - inctuding, but not [imited to the appticabte sections of
29 CFR Part 1910 - Occupational Safety and Heatth Standards and 29 CFR Part 1976 - safety
and Heatth Regutations for Construction. Persona[ protective equipment (e.9. head
protection, footwear, high visibitity apparet, safety gtasses, hearing protection, respirators,
gtoves, etc.) shatl be worn as appropriate for the work being performed, and as specified in
regutation.
19.The Permittee shatl provide accessibitity features to accommodate at[ pedestrians including
persons with disabitities for at[ pathways during and after construction.
20.The Permittee is required to compty with the Americans with Disabitities Act
Accessibitity Guidelines (ADAAG) that have been adopted by the U.S. Architectural
and Transportation Barriers Compliance Board (Access Board), and incorporated by
the U.S. Attorney General as a federal standard. These guidelines are defining
traversabte slope requirements and prescribing the use of a defined pattern of
truncated domes as detectable warnings at street crossings. The new Standards
Ptans and can be found on the Design and Construction Project Support web page at:
https: / /www. codot. qov/ busi ness /desiqnsupport/standard- ptans.
21. When it is necessary to remove any highway right-of-way fence, the posts on either side of
the access entrance shatl be securety braced with approved end posts and in conformance
with the Department's M-607-1 standard, before the fence is cut, to prevent stacking of the
remaining fence. At[ materiats removed shatl be returned to the Department.
22. lt shatt be the responsibility of the Permittee to maintain adequate sight distance for this
driveway. lt is the sole responsibitity of the Permittee to trim and/or remove vegetation
(i.e.: weeds, grass, shrubs and trees) to maintain adequate sight distance.
23. The permittee, his or her heirs, successors-in-interest, assigns, and occupants of the
property serviced by the access shatl be responsibte for meeting the terms and conditions of
this permit, the repair and maintenance of the access beyond the edge of the roadway
inctuding any cattle guard and gate, and the removal or ctearance of snow or ice upon the
access even though deposited on the access in the course of Department snow removal
operations. Within unincorporated areas, the Department witt keep access cutverts ctean as
part of maintenance of the highway drainage system. However, the permittee is responsibte
for the repair and reptacement of any access-retated cutverts within the right-of-way.
Within incorporated areas, drainage responsibilities for municipatities are determined by
statute and [oca[ ordinance. The Department wi[[ maintain the roadway inctuding auxitiary
lanes and shoutders, except in those cases where the access instattation has failed due to
improper access construction and/or faiture to fottow permit requirements and
specifications in which case the permittee shall be responsibte for such repair. Any
significant repair such as cutvert reptacement, resurfacing, or changes in design or
specifications, requires authorization from the Department.
24. Any damage to present highway facitities inctuding traffic control devices shatl be repaired
immediatety at no cost to the Department and prior to continuing other work.
January 6,2018 PERMIT No. 317091
Permittee(s): Marc Ganzi
Location: Garfield County on CO Highway 082A, near Mile Ref. Pt. 16.014 Right
25. During access construction, no construction-retated, personal vehictes wil[ be permitted to
park in the state highway right-of-way.
26. lf the access has a gate across it, the gate shall be set back far enough from the highway
so that the longest vehicte using it can clear the roadway when the gate is closed.
27. Any mud or other materia[ tracked, or otherwise deposited, on the roadway shatl be
removed daity or as ordered by the Department inspector. lf mud is an obvious condition
during site construction, it is recommended that the contractor buitd a Stabitized
Constiuction Entrance or Scrubber Pad at the intended construction access to aid in the
removat of mud and debris from vehicte tires. The detaits of the Stabitized Construction
Entrance can be found in the M & S Standards Ptan No. M-208-1.
28. A futty executed, comptete copy of this permit and the Notice to Proceed must be on the job
site with the contractor at att times during the construction. Faiture to compty with this or
any other construction requirement may resutt in the immediate suspension of work by order
of the Department inspector or the issuing authority.
29. No work wi[t be attowed at night, Saturdays, Sundays and [ega[ hotidays without prior
authorization from the Department. The Department may atso restrict work within the
State Highway right-of'way during adverse weather conditions.
30. The access shatt be compteted in an expeditious and safe manner and shatl be compteted
within 45 days from initiation of construction within State Highway right-of-way or in
accordance with written concurrence of the Access Manager. At[ construction shatl be
compteted in a singte season.
31. Att costs associated with any type of utitity work witl be at the sole responsibitity and cost of
the Permittee and at no cost to CDOT.
32. Areas of roadway and/or right-of-way disturbed during this instattation shatl be restored to
their original conditions to insure proper strength and stabitity, drainage and erosion
controt. Restoration shatt meet the Department's standard specifications for topsoit,
fertitization, mutching, and re-seeding.
33. Upon the comptetion of the access (and prior to any use as attowed by this permit), the
Appticant shatt notify the Access Manager by certified mait within 10 days to request a final
inspection. This request shatt inctude certification that atl materiats and construction have
been compteted in accordance with att appticabte Department Standards and Specifications;
and that the access is constructed in conformance with the State Highway Access Code, 2
CCR 601-1, inctuding this permit. The Engineer of Record as indicated on the construction
ptans, may be requested by the Department for this inspection. The access serviced by this
permit may not be opened to traffic untit written approval has been given from the CDOT
Access Manager.
4Wi",-$*l 'o
What is stormwater runoff?
Stormwater runoff occurs when precipitation from rain or snowmelt
flows over the ground. lmpervious surfaces like roads and sidewalks
prevent stormwater from naturally soaking into the ground
Why is stormwater runoff a problem?
Stormwater can pick up debris, chemicals, dirt and other
pollutants and flow lnto CDOT'S storm drain system or directly
into a stream, river, lake, wetland or reservoir. Anwhing that
enters CDOT's storm drain system is discharged untreated into
the waterways we use for fishing, swimming, and providing
drinking water.
Wat,er Qrral ity l)rc gr-a rr
lndustrial Faoilities
f)rograrn
CDOT has a Municipal Separate Storm Sewer System permit,
otherwise known as (MS4) from the Colorado Department of
Public Health and Environment- The permit states that only
stormwater can be discharged from CDOT's storm drain system
Tips lor Reporting on lllicit Discharge
Call the illicit discharge hotline at (303) 512-4425
From a safe distance try to estimate the amount of
the discharge.
ldentify characteristics of the discharge (color, odor,
algae, etc.).
Obtain information on the vehicle dumping the
waste (if applicable).
Do not approachl
Call *CSP for illicit dumping.
lf possible, take a photo, record a license plate.
r{f,_ tulfiff,{sf &:
ldevr:f'Ef t to,r.r clcr:t: fo the r/lirlt t{isr&*rrlr:, rt rnst
hr rf*nqtirous 111
For more information on CDOT Utility
Permits:
https://www. codot. eov/b u s iness/pe rm its/utilit ie
sspecialuse
For more information on CDOT Access
Permits:
http s://www. codot. gov/b us iness/pe rm its/access
permits
For more information on CDOT Water Quality
Program:
Water Quality Program Manager
4201 E. Arkansas Ave.
Shumate Building
Denver, Colorado 80222
303-757-C343
IOIItE{ylsItw mt
INEITTITNI ftArI
As port of the permit, CDOT has severol different
progroms to prevent pollutants from entering into
the storm droin system:
, Construction Site Program
" New Development Redevelopment Program
' lllicit Discharge Program
. lndustrial Facilities Program
' Public Education and Outreach Program
' Pollution Prevention and Good Housekeeping
Program
, Wet Weather Monltoring Program
ffii'i*h:,lf'"
Control Measures
for lndustrial
Facilities
lndustrial facilities can use control measures (CM)
otherwise known as Best Management Practices
(BMP) during the construction of a facility and when
operating the facility. Control measures are schedules
of activities, maintenance procedures, and other
management practices to prevent and reduce
pollution entering into CDOT'S storm drain system.
Control Measures also include treatment, operating
procedures, and practices to control site run off
which can include structural and non-structural
controls.
THfl GAUNTLET
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ummo?
CDOT defines a utility, or utility facility as any
privately, publicly, or cooperatively owned
line, facility, or system producing, transmitting
or distributing the following:
y' Communications
/ Cabletelevisiony' Power
/ Electricity
/ Light
/ Heat Gas/ot
/ Crude Products/ waterr' Streamy' Wastey' stormwater not connected with highway drainage
r' Similar Commodity
^ffi1ffii##l'"
lndustrial Facilities Program Elements:
1. Educate and outreach to owners
or operators that have potential to
contribute substantial pollutant to
water.
2. Report and include information on
discharge and water quality
concerns. Provide written
notification within 15 days of
discovery to CDPHE.
3. Submit an annual report to CDPHE
containing the number of
informational brochures
distributed; name and title of each
individual trained.
Education
There are instances when a utility
company or other entity doing work in the
state highway right-of-way will require
some type of environmental permit or
clearance for that work. CDOT has put
together an Environmental Clearances
lnformation Summary for those applying
for a CDOT Utility and Special Use Permit
or Access Permit to obtain all required
clearances. This fact sheet is given to each
permittee and is available at:
http: / /www. cotoradodot. info/ proqrams/
envi ronmentat/ resources /quidance-
standards / Envi ron mentat748!igAG!eS!%
Z0lnfoToZ0Summarv. pdf
COLORADO DEPARTMENT OF TRANSPORTATION
Environmental Clearances lnformation Summary
PURPOSE - This summary is intended to inform entities external to CDOT that may be entering the state highway right-of-way to
perform work related to their own facilities (such as Utility, Special Use or Access Permittees), about some of the more commonly
encountered environmental permits/clearances that may apply to their activities. This listing is not all-inclusive - additional
environmental or cultural resource permits/clearances may be required in certain instances. Appropriate local, state and federal
agencies should be contacted for additional information if there is any uncertainty about what permits/clearances are required for a
specific activity. IMPORTANT - Please Review The Following lnformation Carefully - Failure to Gomply With Regulatory
Requirements May Result ln Suspension or Revocation of Your CDOT Permit, Or Enforcement Actions Bv Other Aqencies
CLEARANCE CONTACTS - As indicated in the permiUclearance descriptions listed below, the following individuals or agencies
may be contacted for additional information:. Colorado Department of Public Health and Environment (CDPHE): General lnformation - (303) 692-2035
Water Quality Control Division (WQCD): (303) 692-3500
Environmental Permitting Website https://www.colorado.oov/pacific/cdphe/all-permits. CDOT Water Quality Program Manager: (303) 757-9343 https://www.codot.qov/proqramsienvironmental/water-oualitv. CDOT Asbestos Pro,lect Manager: Phil Kangas, (303) 512-5519. Colorado Office of Archaeology and Historic Preservation: (303) 866-3395. U.S. Army Corps of Engineers, District Regulatory Offices:
Omaha District (NE CO), Denver Office (303) 9794120
http://www.nwo. usace.armv.mil/Missions/ReoulatorvProqram/Colorado.asox
Sacramento Dist. Western CO), Grand Junction Office (970) 243-1199
http:i/www.spk. usace. armv. m il/Missions/Reoulatorv. aspx
Albuquerque District (SE CO), Pueblo Office (719)-543-9459
http:i/www.spa. usace.armv.mil/Missions/RequlatorvProoramandPermits.aspx
o CDOT Utilities, Special Use and Access Permittinq: (303) 757-9654 https://www.codot.oov/business/oermits
Wildlife Resources - Disturbance of wildlife shall be avoided to the maximum extent practicable. Entry into areas of known or
suspected threatened or endangered species habitat will require special authorization from the CDOT permitting office. lf any
threatened or endangered species are encountered during the progress of the permitted work, work in the subject area shall be halted
and the CDOT Regional Permitting Office and Region Planning and Environmental Manager shall be contacted immediately.
Authorization must be provided by CDOT prior to the continuation of work. lnformation about threatened or endangered species may
be obtained from the CDOT website, http://www.codot.qov/proqrams/environmentaliwildlife/quidelines, or the Colorado Parks and
Wildlife (CPW) website, http://www.cpw.state.co.us/learn/Paqes/SOC-ThreatenedEndanqeredList.aspx. Additional guidance may be
provided bv the appropriate Reqion Planninq and Environmental Manaoer (RPEM).
Cultural Resources - The applicant must request a file search of the permit area through the Colorado Office of Archaeology and
Historic Preservation (OAHP), Denver, to ascertain if historicorarchaeological resources have previously been identified
(http://www.historycolorado.orq/oahp/file-search). lnventory of the permit area by a qualified cultural resources specialist may be
necessary, per the recommendation of CDOT. lf archaeological sites/artifacts or historic resources are known to exist prior to the
initiation of the permitted work or are encountered as the project progresses, all work in the subject area shall be halted and the CDOT
Regional Permitting Offlce and Region Planning and Environmental Manager shall be contacted immediately. Authorization must be
provided by CDOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office and
RPEM. Contact lnformation.' Contact the OAHP for file searches at (303) 866-3395.
Paleontoloqical Resources - The applicant must request a fossil locality file search through the University of Colorado Museum,
Boulder (https://cumuseum.colorado.edu/research/paleontoloov/vertebrates/policies), and the Denver Museum of Nature and Science
(htto://www.dmns.oro/science/collections/earth-science-collections/) to ascertain if paleontological resources have been previously
identified in or near the permit area. lnventory of the permit area by a qualified paleontologist may be necessary, per the
recommendation of CDOT. lf fossils are encountered during the permitted work, all work in the subject area shall be halted and the
CDOT Regional Permitting Office and Region Planning and Environmental Manager shall be contacted immediately. Authorization
must be provided by CDOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office
in the Permit Special Provisions. Contact lnformation: See the museum websites listed above for Paleontological Collections
Manager contact information. Contact the CDOT Paleontologist for further information at nicole.peavev@state.co.us or (303) 757-
9632. The CDOT Paleontoloqist will not conduct a comprehensive file search indeoendentlv of the museums.
Hazardous Materials. Solid Waste - The Solid Wastes Disposal Sites and Facilities Act C.R.S. 30-20-100, et al, and Regulations
Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), prohibit solid waste disposal without an approved Certificate
of Designation (a landfill permit). The Colorado Hazardous Waste Act C. R.S. 25-1 5-301 et al, and the Colorado Hazardous Waste
Regulations (6 CCR 1007-3) prohibit the transfer, storage or disposal (TSD) of hazardous waste except at permitted TSD sites. There
are no permitted landfills or TSD sites within the State Highway Right of Way. Therefore, all solid or hazardous wastes that might be
generated by the activities of entities entering the State Highway Right of Way must be removed from the ROW and disposed of at a
permitted facility or designated collection point (e.9., for solid waste, a utility or construction company's own dumpster). lf pre-existing
solid waste or hazardous materials contamination (including oil or petroleum contaminated soil, asbestos, chemicals, mine tailings,
etc.) is encountered during the performance of work, the permittee shall halt work in the affected area and immediately contact the
CDOT Regional Permitting Office for direction as to how to proceed. Contact lnformafion.'Theresa Santangelo-Dreiling, CDOT
Hazardous Materials Project Manager, (303\ 512-5524, or Andy Flurkey, (303) 512-5520.
Asbestos Containinq Materials. Asbestos Contaminated Soil - All work on asbestos containing materials (ACM) must comply with
the applicable requirements of the CDPHE Air Pollution Control Division's (APCD) Regulation 8. Disposal of ACM, and work done in
asbestos-contaminated soil, must comply with the CDPHE Hazardous Materials and Waste Manaqement Division's (HMWMD) Solid
Environmental Clearances lnformation Summary Page I of 3 Colorado Department of Transportation May '16
cificallyidentifyanyACMinvolvedintheworkforwhich
authorizati-on is being reqrl"teO. Additionil guidance or requirements may be specified in the permit special provisions. Contact
lnfo: CDpHEApCD and HMWMD Regulations can be accessed via the CDPHE Environmental Permitting Website listed.above.
Additional information concemino cleirance on CDOT oroiects is available from the CDOT Asbestos Project Manager (303) 512-
5519, orTheresa Santangelo-Dreiling, Hazardous Materials Management Supervisor (303) 5'12-5524.
personmayofferoracceptahazardousmaterialfortransportationincommerceUnleSS
iththeUnitedStatesDepartmentofTransportationregulationsat49CFR,Part171,The
hazardous material must be properly classed, described, packaged, marked, labeled, and in condition forshipment as required or
authorized by applicable requirements, or an exemption, approvll or registration has been issued. Vehicles requiring a placard, must
obtain authoiization and a St"t" HAZMAT Permit from the'iolorado Public Utilities Commission. Contact lnformation: For
authorization and more info call the Federal Motor Safety Canier Administration, US DOT for inter- and intra-state HMMAT
Reoistration(3o3)969-6748-ColoradoPublicUtilitiesCommission:(303)89
ers 404 permits are required for the discharge of
dingwetlands.TherearevarioustypeSof404permitS,including
natio-nwide permits, which are issued for activities with relatively minor impacts. For example, there is a nationwide permit for utility
line activities (nwp #12). Depending upon the specific circumstances, it is possible that either a "general" or "individual" 404 permit
would be required. lf an individuat iOa permit is required, section 401 water quality certification from-the CDPHE WQCD is also
required. Contact the appropriate Corps District Regulatory Office for information about what type of 404 permit may be required
(contact information above). Contact the CDPHE Water Quality Control Division at (303) 692-3500.
otectandpreSerVethestate,SfishandwildlifereSourceSfromactionSthat
odify,orvaryanaturalex1stingStreamoritsbanksortributaries'itmaybeneceSSaryto
obtiin a Senate Bill 40 certificition from the Colorado tiepartment of Natural Resources. A stream is defined as 1) represented by a
solid blue line on USGS 7.5' quadrangle maps; and/or 2) intermittent streams providing live water beneficial to fish and wildlife, and/or
3) segments of streams supporting zdl% or more cover within 100 yards upstream or downstream of the project; andlor 4) segments of
rir""i,. having wetlanOs present ivithin 200 yards upstream or downstream of the project measured by valley length. The CPW
application, as per guidelines agreed upon by CDOT and CPW, can be accessed at
htto://www coloradodot.info/oroorams/environmentaUwilellilelbuillglings
iat facit'lies - Discharges of stormwater runoff
from construction sites OisturOing one acre or more - or certain types of industrial facilities, such as concrete batch plants - requires a
CDpS Stormwater Permit. Contact lnformation.'Contact the CDPHE Water Quality Control Division at (303) 692-3500. Website:
httos://www.colorado.oov/oacific/cdohe/wo-construction-oeneral-permits and https://colorado.oov/pacific/cdphe/wo-commerce-and-
incl r rstrv-oerm its.
mediation Activities - Discharges of water encountered during
excavationorworkinwetorRemediationActivitieSDischargePerm1t__con{19!.
lnformation: For Construction Dewatering and Remediation Activities Discharge Permits, contact the CDPHE WQCD at (303) 692-
3500. For Aoolications and lnstructions (COpHg website): https //wwvy.colorado.oov/pacific/cdphe/wo-construction-qeneral-permits.
DischargesfromtheStormSewersystemsoflarger
inageSystemthatlleSwithinthosemunicipalities,aresubjecttoMS4Permitsissued
oy tn" bopHg WeCD. For facilities tnat tie witnin ihe boundaries of a municipality that is subject to an MS4 permit, the owner of such
facility should contact the municipality regarding stormwater related clearances that may have been established under that
municipality's MS4 permit. All dischargei to th; CDOT highway drainage system or within the Right of Way (ROW) must comply with
the applica'ble provisions of the Colorado Water Quality Control Act, the Water Quality Control Commission (WOCC) Regulations
thttps:i/www.colorado oov/pacific/cdphe/wqcc-reoulations-and-oolicies-and-water-qualitv-statutes) and the CDOT MS4 Permit # COS-
b ). Discharges are subject to inspection by CDoT
andCDPHE.Contacttneat(303)692-35ooforalistingofmunicipalitiesrequiredtoobtain
MS4 Permits. or qo to https://www.colorado.qov/pacific/cdohe/wq-municipal-ms4-permits.
nsoftheColoradoWaterQualityControlActandthe
@ons'Prohibiteddischargesinclude,butarenotlimitedto,substancessuchaswashwater,paint,
automotive fluids,lolvents, oils-or soaps and sediment. Coitact tnformation: Contactthe CDPHE Water Quality Control Division at
(303) 692-3500.
Discharoes-UnlessotheruviseidentifiedbyCDoTortheWQCDaSSignitlcant
rgeStoStormWaterSyStemSareallowedwithoutaColorado
Discharge iermit System permit: landscape irrigation, diverted stream flows, uncontaminated ground water infiltration to separate
storm sjwers, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water,
uncontaminated sprinjs, footing drains, water line flushing, flows from riparian habitats and wetlands, and flow from firefighting
activities. Allowable non-stormwater discharges can be found at https://www.codot.qov/proqrams/environmental/water-
oualitv/qlossarv.html. Contact lnformation: fhe CDPHE Water Quality Control Division (telephone #'s listed above).
requiringaStormwaterConstructionPermit,erosioncontrolrequirementS
ationswhereastormwaterpermitisnotrequired,allreasonablemeaSureSshouldbe
taken in order to minimize erosion and sedimentation according to CDOT Standard Specifications 107.25 and 208. All disturbances
require a stabilization plan, native seeding or landscape design plan according to applicable CDOT Standard Specifications 2'12-217
and 623. ln any case, the CDOT Erosion Control and Stormwater Quality Guide (most recent version) should be used to design
erosion controls and to restore disturbed vegetation. Contact lnformation:The CDOT Erosion Control and Stormwater Quality Guide
may be obtained from the Bid plans office it (303) 757-9313 or from: https://www.codot.oov/proqrams/environmental/landscaoe-
a rch ifectu re/erosion-storm-o ualitv.
Environmental Clearances lnformation Summary Page 2 of 3 Colorado Department of Transportation May'16
DisposalofDriIlinqFluids-DrillingfluidsusedinoperationssuchasHorizontalDirectionalorittinry
or "solid wastes," and in general, should be pumped or vacuumed from the construction area, removed from the State Highway Right
of Way, and disposed of at permitted facilities that specifically accept such wastes. Disposal of drilling fluids into storm diains, storm
sewers, roadside ditches or any other type of man-made or natural waterway is prohibited by Water Quality Control and/or Solid
Waste regulations. Small quantities of drilling fluid solids (less than I cubic yard of solids) may be left on-site after either being
separated from fluids or after infiltration of the water, provided: 'l ) the drilling fluid consists of only water and bentonite clay, or, if
required for proper drilling properties, small quantities of polymer additives that are approved for use in drinking water weil drilling; 2)
the solids are fully contained in a pit, and are not likely to pose a nuisance to future work in the area, 3) the solids are covered and the
area restored as required by CDOT permit requirements (Utility, Special Use, orAccess Permits, etc.). Contactlnformation:
Contact CDPHE (telephone #'s listed above).
Noxlous weeds and lnvasive SDecies Manaqement Plan - Noxious Weeds and lnvasive Species guidance can be found by
contacting the Colorado Department of Agriculture (https://www.colorado.qov/oacific/aoconservation/noxiousweeds) and the
Colorado Division of Parks and Wildlife (http://cpw.state.co.us/aboutus/Paqes/RS-NoxiousWeeds aspx). ln either case, management
plans involving the control of noxious weeds associatqd with the permitted activity and cleaning of equipment will be required.
GoncreteWashout-WastegeneratedfromconcreteactivitiesshallNoTbeallowedtoflowintotneo@
waters, or in the CDOT ROW. Concrete waste shall be placed in a temporary concrete washout facility and must be located a
minimum of 50 feet from state waters, drainageways, and inlets. Concrete washout shall only be performed as specified by the CDOT
Environmental Program and shall be in accordance to CDOT specifications and guidelines . Contact tnformation: Contact CDpHE or
find additional information on the CDOT website: https:/iwww.codot.oov/business/desionsupporU20l l-construction-
soecifications/201 1-Soecs and refer to the specifications and their revisions for sections 1O'l . 1O7 and 208.
SpillReportinq-SpillsshallbecontainedandcleanedupasSoonaspossible,SpillsshallNoibemrm
drain or buried. All spills shall be reported to the CDOT lllicit Discharge Hotline at (303) 5124446 (4H20), as weil as the Regionat
Permitting Office and Regional Maintenance Supervisor. Spills on highways, into waterways, any spill in the highway right-oi-way
exceeding 25 gallons, or that may otherwise present an immediate danger to the public shall be reported by calling 91 1, and shall also
be reported to the CDPHE at 1-877-518-5608. More information can be found at httos:/ivwvw.colorado.qov/oacificicdphe/emeroencv-
!epgdus:[!e.
About This Form - Questions or comments about this lnformation Summary may be directed to Alex Karami, erogram Administrator,
CDOT Access Management Unit, at (303) 757-9841, alex.karami@state.co.us.
Environmental Clearances lnformation Summary Page 3 of 3 Colorado Department of Transportation May '16
Region 3 Traffic Section
Access Unit
Grand Junction, Colorado 81501
p11 1970) 683-6286 FAX 970-683-6290
Aprit 24, 2018
Aspen Poto Partners, LLC
715 West filain Street Suite 201
Aspen, Cotorado 81611
RE: State Highway Access Permit No's 317090 & 317091, located ln Garfietd County on Highway 082A
near Mile Marker 16.03 Right
Dear Permittee,
Enctosed is your Notice to proceed (NTP) for the above stated access permit. This NTP is vatid onty if
the referenced access permit has noi expired. Access permlts explre one year from the_date of issue if
noi compfete or undei construction. Your permit witt expire on 0210912019. Access Permits may be
extended twice, each time for a one-year period, in accordance with Section 2.3(11'3), of the Access
Code. you must obtain a neyv NTP fottowing the suspension of work through the winter.
you shatt notify the CDOT lnspector Tim Hotbrook, at (970) 379-1001, at [east 48'hours prior to
commencing construction within the State Highway right-oflway._ A[[ construction shatt be completed
i. ir,
"r,p"Oltious
and safe manner and shatt Ue fi*sheO within 4S-days from initiatio.n, You must atso
contact itre COO1 tnspitor upon comptetion of access constnrtion to request a finalinsprtion, prlor
to any use, as allowed by this permit.
A[ materiats and construction shatt be completed in accordance with att appticable Department
Standards and Specifications, and constructed in conformance with 2 CCR 601-1, State Highway Access
Code, inctuding any additlonat terms and conditions of the lssued Permit. A futty endorsed copy of the
issued access permit and NTp shatt be avaitabte for revieur at the construction site during construction.
lf you have any questions or need more information, ptease contact me at the offlce listed above.
.:-:'l--7. ' ',\'=-'*.,/MUi-Devin Drayton - "/
'
Region 3 Access Project ManaSer
R3 Traffic Section, Access Unit, 222 5. Sixth St, Rm 100, Grand Junction, Cotorado 81501 PH (970) 683'6286 www.codot'gov
COLORADO DEPARTMENT OF TRANSPORTANON
STATE HIGHWAY ACCESS CODE
NOTICE TO PROCEED
CDOT Pernlt No.
317090
Stata HighwaylMlle PosUSide
082A 116.03/Right
Local Jurlsdic{lon
Permittee(s):
Aspe, r Polo Partrers, LLC
715 West Main Street Suite 201
Aspen, Colorado 8161I
Applicant:
Cassie Slade
POBox 19768
Boulder, Colorado 8030 I
QA3) 6s2-3s71
The permittee is hereby authorized to proceed with access construction within state highway right-of-way in
accordance with the above referenced State Highway Access Permit and this Notice to Proceed.
This Notice to Proceed is valld only if the referenced Access Permit has not expired. Access Permits expire
one year from date of issue if not under construction, or completed. Access Permits may b€ extended in
accordance with Section 2.3(11)(d), of the Access Code.
Adequate advance waming is required at all times during access construction, in conformance with the Manual
on Uniform Traffic Control Devices for Streets and Highways.
All construction shall be completed in an expeditious and safe manner and shall be finished withln 45 days
from initiation. The permittee or applicant shall notify the Department prior to commencing construction as
indicated on the Access Permit.
Both the Access Permit and this Notice To Proceed shall be available for review at the oonstuction site.
This Notice to Proceed is conditional. The following items shall be addressed prior to or during construction as
appropriate.
l. A speed reduction form (Form 568) is required for Traffic Conhol Plan #1 CICP #1). Provide the
construction dates that TCP #1 will be used one week prior to actual conskuction. This will give time to
issue Form 568 to all relevant parties.
Munlcipality or Gounty Approval (When the appropriate local authority retains issuing authority)
By
(x)
Title Date
This Notice is not valld until signed by a duly authorized representative of the Department
Colorado Departnent of Tra nsportation'r'lA
Title 1) + /),// f,) r ? c l, //irl nXae/
Date J4-;f -/8
copy
Region (orioinal)
M6Xe COpaOS aS
Local Authorlty
Appllcant MTGE Patrol Traffic Engineer
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ASPEN VALLEY POLO CLUB
CARBONDALE, CO 81623ACCESS ]- P&P
PERMn NO.317090
ROARING FORK ENGTNEERING
592 HIGHWAY I]3
CAREONDALE COLOMDO, 8162]
PH: (970)340 4130
t1866)875 5873
Print Date:4.17.2018
Drawing File Name: CDOT Access tupen Val ey Polo
Prc.ject No.: 2017 13
P1 PT GRAVEL
SHOULDER
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ROARING FORK ENGINEERING
592 HIGHWAY 133
CARBONDALE COLOUDO, 81623
PH: (970)340 4130
F:{866)876 58/l
ACCESS 2 P&P
PERMIT NO. 317091
ASPEN VALLEY POLO CLUB
CARBONDALE, CO 8],623
Date: 4.17.2018
File Name: CDOT Access-Aspen Valley Polo
Prcject No.:2017 13
'PROTECT CULVERT INLTT WITH EROSION LOGS
/ pEn coot M&s STANDARD M-208-01
PRCTECT CULVERT OIJTLET WITH EROSION
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Computer File Information Sh€et Revisions ROARING FORK ENGINEERING
592 HIGHWAY 1]3
CARBONDALE COLOUDO, 8162]
PH: (970)340 4110
F.{866)E76 5873
SWMP ACCESS 1
PERMIT NO.317O9O
ASPEN VALLEY POLO CLUB
CARBONDALE, CO 81623
Sheet Numben
3
of:
5
>rint Date: 4.17.2018
Date ts
D
--):--l
)rawing File Namet CDOT Ac(ess Aspen Valley Polo
Engineer: RBG lDrawn By: vJt
PROTECT CULVERT OUTLET W]IH EROSION LOGS\
PER CDOT M&S SIANMRD M-2OE-01
\
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592 HIGHWAY 133
CARBONDALE COLOMOO, 81523
PH: (970)340-4130
F{865}876-5873
SWMP ACCESS 2
PERMII NO.317091
ASPEN VALLEY POLO CLUB
CARBONDALE, CO 81623
Sheet Numbee
4
ol:
5
)rint Date:4.17.2018 LommentS lni
)rawing File Name: CDOT Access'Aspen Valley Polo -
:MT ACESSPERMtrDMWNGS
Prcject No.:2017 13 Engineer: RBG I Drawn By: VJT
16. COMPACIED CTTSS 6 CRA\EL.
COilPrcT TO MIN. 952 DENSITY PER
AASHTO T ,I8O, AS MODIFIED BY CP25.
M X. 6' UFTS.
SCALE: 1' - 5'
2' M[.r D(. ISPH.
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NEW ruLL DEPIH
CONSIRUClION
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N.T.S
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ROARING FORK ENGINEERING
592 HGHWAY 133
@80NDALE COLOM. 81523
PH: 1970)S0 4130
f:(866)876-5873
DETAILS
ASPEN VALLEY POLO CLUB
CARBONDALE, CO 81523
sheet Number
5
of:
5
)rawinq File Name: cDoTAccess-Aspen Valley Polo I O
Enqineer RBG I Drawn B)f VJIPrcjectNo.:2017-13 lO
///
EB HWY. 82 \\\l
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TRAFFIC BARRIIS
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<a+
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-f__ 100.00, IAPER
25.00, BUFFER
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Rs2-6bBEGIN
FINES
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IN WORK
ZONE
END
FINES
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IN WORK
ZONE SPEED
LIMIT
45
Comouter File Information ShPet Revisionq ROARING FORK ENGINEERING
592 HIGHWAY 133
CARBONOALE COLOUDO, 8162]
PH: (970)340 4130
F:(866)876 5873
TRAFFIC CONTROL
PLAN ACCESS 1
PERMII NO. 317090
ASPEN VALLEY POLO CLUB
CARBONDALE, CO 8].623
Sheet Numbea
1
of:
2
)rint Datei 4.17.2018 LOmments
@OO
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File Name: CDOT Access Aspen Vailey Polo
Prcject No.:2017-13 Engineer: RBG I Drawn By: VJT
P. r/czo 5P m
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TRAFFIC BARRELS
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Computer File lnformelion Sheet Revisions ROARING FORK ENGINEERING
592 HIGHWAY 133
cARgoNDAtE COLOUDO, 81523
PHr (970)340 4130
F:(866)876 5873
IRAFFIC CONTROL
PLAN ACCESS 2
PERMn NO.317091
ASPEN VALLEY POLO CLUB
CARBONDALE, CO 81623
Sheet Number
2
of:
2
)rint Date:4.17.2018 Comments lnr
OOO)rawing File Name: CDOT Access Aspen Valley Polo
Engineer: RBG lDrawn By: v.ltPrcject No.: 2017 13
7RD-CERTIFICATE OF LIABILITY INSURANCE DATE (MM'DDTYYYY)
2/L2/20L8
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE tSSUtNe TNSURER(S), AUTHORTZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
lMPoRTANT:lfthecertificateholderisanADDlTloNALlNsURED,thepolicy(ies)mustbeendorsed'lfsUBRoGATW
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
Rifle Insurance Agency
PO Box 1700
450 Weet Ave #104
Rifle co 81550
Xxill:"'Debbie Nauroth
ljlSt'lf" .*u (970) 525-lG89 lfil "^,.
(e?o)62s-111s
!ffi!"". dnauroth@sopriB , net,
INSURER{SI AFFORDING COVERAGE NAIC #
txsunrnllddiaon Inaurance ComDanv LO324
INSURED
Divide Creek Builderg Inc.
1531 County Rd 342
silr co 81552
INSURER B :Finnaco1 AEEurance 41190
INSIIRER C :
INSI.,,RER D:
INSURER E :
INSURER F
CERTIFICATE NUMBER:cL17 6 13 0s 8 92 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POTICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHO!ryN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NSRtTp TYPE OF INSURANCE lNsr POLICY NUMBER POLICY EtMMrnnm LIMITS
A
x ' COMMERCIAL GENERAL LIABILITY
- CLAIMS-MAOE X OCCUR
x 50043385 5/20/2OL7 s/20/2oL8
EACH OCCURRENCE 5 1,000,000
UAMAUE IUKTNIIU
PRFMISFS aFe luumn..\s 100, 000
MED EXP (Any one peEon)g 5, 000
PERSONAL & ADV INJURY $ 1,000,000
GEI
x
.].1AGGREGATE LIMIT APPLIES PER,or,""[lffi f ]..o"
GENERAL AGGREGATE s 2,000,000
PRODUCTS . COMP/OP AGG $ 2,000,000
Property damage-single limit )
A
AU'
x
OMOBILE LIABILITY
ANY AUTO
ALLO\^AED [J SCHEDULEDAUTOS ^ AUTOS
- NON-OWI{EDHIREDAUTOS ^ AUToS
x 50043385 5/20/2077 5/20/20L8
f trINEU SINULE LIMI $ 1,000,000
BODILY INJURY (Per peGon)$
BODILY INJURY (Per accident)$
PROPERTY DAMAGE(Per a@ident)
I lninsu.arill In.larinsr $ 1, 000, 000
A
x UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS-MADE
60043385 s/20/20L7 s/20/20L8
EACH OCCURRENCE $ 2.000 - 000
AGGREGATE $ 2.000.000
DED xlnrrerurrorus 10-ooo
B
WORKERS COMPENSANON
AND EMPLOYERS'LtABtLtTY Y/ NANY PROPRIETOR/PARTNER/EXECUTIVE -OFFICFRA,IFMBFR FXCI IJDFD? L(Mandatory in NH)
lfves de$nbeunder
DFscRtPTroN oF oPFRATToNS bernw
N/A
348L772 7 /L/20r7 7 /L/2018
x I EFX-' ,-r
E,L, EACH ACCIDENT $ 100. o00
E,L DISEASE . EA EMPLOYEI s 100. 000
E L DISEASE. POI ICY I IMIT 500.000
A Equipment 50043386 5/20/2OL7 s/20/2oL8 Blanket Leased/Rented
$100,000
DESCRIPTION OF OPERATIONS / LOCATIONS r VEHICLES (ACORD '101, Additional Remrks Schedule, may ba attached if more space i3 rcquipd)Location: earfield County on CO Highway 082A, near UiIe Ref. pt. 16.014 Right,
LocaEion: Garfield County on CO Highway 082A, near Mile Ref. PE. J.5.03 Right,
certificate Holder is liEt,ed as additional insured on General. Liability and AutomobiLe Liability
CERTIFICATE HOLDER
ACORD 25 (2014t011
lNS025 rzor+ort
CANCELLATION
@ 1988-2014 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Colorado Dept of Transportation
Region 3 Traffic, Access Unit
222 S 5th Street, Rm L00
Grand ilunction, CO 81501
SHOULD ANY OF THE ABOVE DESCRIBEO POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE wlLL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
elea Losasso/MML --Z1z-* to-+nu.--
Region 3 Traffic Section
Access Unit
Grand Junction, Cotorado 81501
pH (970) 683-6286 FA( e70-683-6290
Aprit 24, 2018
Aspen Polo Partners, LLC
715 West llain Street Suite 201
fupen, Cotorado 81611
RE: State Highway Access Permit No's 317090 & 317091, located ln Garfietd County on Highway 082A
near Mite Marker 16.03 Right
Dear Permittee,
Enctosed is your Notice to Proceed (NTP) for the above stated access permit. This NTP is vatid only if
the referenced access permit has noi expired. Access permlts expire one year from the_date of issue if
not comptete or undei construction. Your permit witl expire on 0ilA912019. Access Permits may be
e*ended twice, each time for a one-year period, in accordance with Section 2.3(11'3), of the Access
Code. you must obtain a nar NTP fotlowing the suspersion of work through the winter.
you shatt notify the CDOT tnspector Tim Hotbrook, at (970) 379'1001, at least 48'hours prior to
commencing construction withi; the State Highway right-of-way._ Att construction shatt be completed
in an e*p"Oitious and safe manner and shatl be finished within 45-days from initiatio.n, You must atso
contact tne COOT tnspector upon comptetion of access construction to request a final inspection, prlor
to any use, as allowed by this permit.
Alt materiats and construction shalt be completed in accordance with att appticable Department
Standards and Specifications, and constructed in conformance with 2 CCR 601'1, State Highway Aqcess
Code, inctuding any additionat terms and conditions of the lssued Permit. A futty endorsed copy of the
issued access permit and NTp shatt be avaitabte for review at the construction site during construction.
lf you have any questions or need more information, ptease contact me at the office listed above.
ResOectfuttl,
,,:-:"C.f A<rur'--,/):'Devin Drayton -
Region 3 Access Project
Cc: File
R3 Traffic Section, Access Unit, 222 S. Sixth St, Rm 100, Grand Junction, Colorado 81501 PH (970) 683'6286 www'codot'gov
COLORADO DEPARTM ENT OF TRANSPORTATION
STATE HIGHWAY ACCESS CODE
NOTICE TO PROCEED
CDOT Permit No.
31709r
State Highway/Mile PosUSide
082A /16.014/Right
Local Jurisdiction
Permittee(s):
Aspen Polo Partners, LLC
715 West Main Street Suite 201
Aspen, Colorado 816l I
Applicant:
Cassie Slade
PO Box 19768
Boulder, Colorado 80301
(303) 652-357r
The permittee is hereby authorized to proceed with access construction within state highway right-of-way in
accordance with the above referenced State Highway Access Permit and this Notice to Proceed.
This Notice to Proceed is valid only if the referenced Access Permit has not expired. Access Permits expire
one year from date of issue if not under construction, or completed. Access Permits may be extended in
accordance with Section 2.3(11Xd), of the Access Code.
Adequate advane,e warning is required at alltimes during access construction, in conformance with the Manual
on Uniform Traffic Control Devices for Streets and Highways.
All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days
from initiation. The permittee or applicant shall notify the Department prior to commencing construction as
indicated on the Access Permit.
Both the Access Permit and this Notice To Proceed shall be available for review at the construction site.
This Notice to Proceed is conditional. The following items shall be addressed prior to or during construction as
appropriate.
l. A speed reduction form (Form 568) is required for Traffic Contol Plan #1 (TCP #1). Provide the
consfruction dates that TCP #l will be used one week prior to actual construction. This will give time to
issue Fonn 568 to all relevant parties.
Municipality or County Approval (When the appropriate local authority retains issuing authority)
By
(x)
Tltle Date
This Notice is not valid until signed by a duly authorized representative of the DeparUnent
Golorado Department of Transportation
te/)/ + ,,? /
/,/.0 r €c) /t ///lAo€-/
Date /' ;4-tt -/8
copv It/hke copies as
Reglon (original)
Applicant
Local Authorlty
MTCE Pahol
lnspector
Traffc Engineer
VEL SHOULDER
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ASPEN VALLEY POLO CLUB
CARBONDALE. CO 81523
ROARING FORK ENGINEERING
592 HIGHWAY 131
caRE0NoaLE colouoo. 81521
PBr (970)140 4110
F(856)876 5871
ACCESS 1 P&P
PERMIT NO. 317090
Print Date: 4.17.2018
File Name: CDOT Access Aspen Valley Polo
Drawn By: vJTPrcject No.: 2017-13
-PT
PT GRAVEL
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ROARING FORK ENGINEERING
592 HIGHWAY 13]
CARgONOALE COLOMDO, 81623
PH: (970)340-4130
Er(866)876 5873
ACCESS 2 P&P
PERMIT NO. 317091
ASPEN VALLEY POLO CLUB
CARBONDALE, CO 81523
Date:4.17.2018
File Name: CDOT Access Aspen Valley Polo
Prcject No.:2017-13
'PROTECT CULVERT INLET WITH EROSION LOGS
/ ern coor M&s STANDARD M-208-01
PRCTECT CULVERT OI,,'TLET WITH EROSION
/
PER CDOT M&S STANDARD M-208-01 EASIBOUND }IWY. 82
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/ / FRoM tNTLEr, sPAcED Ar 50' (rYP.)
/ / PER cDor M&s STANDARD M-208-01
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PER CDOT M&S STANDARD M-208-01 \
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Computer File I Sheel Revislons ROARING FORK ENGINEERING
592 HI6HWAY 1ll
CARSONDALE COLOMDO, 81623
PH: (970)340 4110
F:(866)E76 5871
SWMP ACCESS 1
PERMIT NO.317O9O
ASPEN VATLEY POLO CLUB
CARBONDALE, CO 81623
Sheel Number
3
of:
5
)rint Date:4.17.2018 Rev Date LOmm€oOc---ro File Name: CDOT Access tupen Vallev Polo
Engineer: RBG I Drawn By: VJTProject No.:2017'13 a-)
16. COMPACTED CI.ASS 6 GRAVEL.
COMPrcT TO MIN. 952 DENSITY PER
AASHTO T 180, A.S MODIFIED BY CP25.
MAX. 6. LIFTS.
SIWCI,JT PARTIAL DEPTH
2, MILL EX. ASPH.
2. DEPTH
EXISNNG HMA
NEW FT'LL DEPTH
CONSIRUCTION
ASPH. PAVEMENT JOINT DEIAIL
N.T.S
Computer File Information shaet Revisions ROARING FORK ENGINEERING
592 HIGHWAY 133
CAREONDALE COLOBDO, 81623
PHr (970)340.4110
Fr(865)875-s873
DETAILS
ASPEN VALLEY POLO CLUB
CARBONDALE, CO 81623
Sheet Number
5
of:
5
)rint Date:4.17.2018 Rev. I Datel Comr
L-.,!JOODrawing File Name: cDoT Access Aspen Valley Polo
Engineer: RBG I Drawn By: VJIPrcject No.:2017 13
rE.'-' ,'*,**^11/A^ffi**A--qffi\MU\*l\ lss
///\\tEB HWY. 82
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Comouter Fila Informetion Sheet Reisions ROARING FORK ENGINEERING
592 HIGHWAY 133
CARBONDALE COLOMOO, 81623
PH: {970)140 4110
F:(866)875 5873
TRAFFIC CONTROL
PLAN ACCESS 1
PERMIT NO.317O9O
ASPEN VALLEY POLO CLUB
CARBONDALE. CO 81623
Sheet Number:
1
of:
2
)rint Date:4.17.2018 Rev,
@C)(fDrawing File Name: CDOT tucess-tupen Valley Polo
Project No.:2017 13 Engineer: RBG i Drawn BV: VJT
| //
lOO,OO'TAPER
25 OO' BUFFER
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20 40
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SPACED AT 35, (TYP.)
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END
FINES
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9
Computer File I sh€€t Rsisions ROARING FORK ENGINEERING
592 HIGHWAY 1]3
CARBONDALE COLOMDO, 81623
PH: (970)340 4130
F1866)E76 5873
TRAFFIC CONTROL
PLAN ACCESS 2
PERMn NO.317091,
ASPEN VALLEY POLO CLUB
CARBONDALE, CO 81523
Sheet Numben
2
of:
2
)rint Date:4.17.2018 Rev Date LOm menIS
L-!JOOrq File Name: cDoT Access tupen Valley Po o
Engineer: RBG L Drawn By: VJT
-
ACORif CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDTYYYY}
2/L2/20L8
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSUMNCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE |SSU|NG TNSURER(S), AUTHORTZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
lMPoRTANT:lfthecertificateholderisanADDlTloNALlNsURED,thepolicy(ies)mustbeendonSed.lfsUBRoGW
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
Rifle Insurance Agency
PO Box 1700
450 WeEt Ave #104
Rifle co 81550
ifilE?"'Debbie Nauroth
ilIPNS^ =*.. (970) 62s-1589 lfal .,^.. (e7o)52s-1115
f,ffi!"". dnauroth@EopriE . net
INSURER(S) AFFORDING COVERAGE NAIC #
tNsuRERAAddison Insurance comDanv LO324
INSURED
Divide Creek Buildera Inc.
1531 Counly Rd 342
silt co 8L652
INSURER B :PinnacoI Agsurance 41190
INSURER C :
INSIIRER D :
INSURER E :
INSURER F
CERTIFICATE NUMBER:ct17 6 1 2 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE POLICY NUMBER LIMITS
A
x COMMERCIAL GENERAL LIABILITY
cLAil\rs-MADE L X OCCUR
x 50043386 s/20/2077 s/20/201,8
EACH OCCURRENCE s 1,000,000
UAMAUE I9XtrNIEU
PRFMISFq /Fr m.',r.s 100,000
MED EXP (Anv one EEon)g 5, 000
PERSONAL & ADV INJURY $ 1,000,000
GEI
x
,I'L AGGREGATE LIMIT APPLIES PER:f---l pen-PoLrcY ji's"1 | Loc
GENERAL AGGREGATE $ 2,000,000
PRODUCTS - COMP/OP AGG s 2,000, 000
Property damage-single limit
A
AU']
x
.OMOBILE LIABIUTY
ANY AUTO
ALL OVIAIEO lll-l SCneOUreOAUTOS T I AUTOS
- NON-O\AAIEDHIREDAUTOS * AUTOS[]
x 60043385 s/20/2oL7 5/20/2Or8
UOI'rtslNED SINGLE LIMITfFa amident)$ 1,000,000
BODILY INJURY (Per pereon)$
BODILY INJURY (Per accident)$
IOPEH I Y DAMAGL
)r accidoni)
LJninsured,/l lnd $ 1, 000, 000
A
x UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAII\iIS-MADE
50043385 s/20/20L7 s/20/2oL8
EACH OCCURRENCE s 2-ooo-ooo
AGGREGATE $ 2.000. ooo
nFn X pptgnrroruq 1n noo
B
WORKERS COMPENSATION
AND EMPLOYERS'L|AB|LTTY Y/ N
ANY PROPRIETOR/PARTNER/EXECUTIVE
-OFFICERA'EIUBER EXCLUDED?
I(Mandatory in NH)
lf yes, describe undernESatrlPTlnN nF nDFPATlnN,q h6l^w
N/A
348L772 7 /tl20L7 7 /L/2018
.. ] PER
^ I srATt ITF
E,L. EACH ACCIDENT s 100.000
E,L DISEASE. EA EMPLOYEI $ 100,000
E,L, DISEASE. POLICY LIMIT EOO - OOO
A Equipment,50043386 s / 20 /20L7 s/20/20L8 Blanket Leased/Rented
s100,000
DESCRIPTIONOFOPERATIONSTLOCATIONSTVEHICLES (ACORDl0l,AdditlonalRemrtsSchedule,msybeattachedif morespaceisEquiEd)Location: Garfield county on CO Highway 082A, near Mite Ref. pt. 1G.014 Right
Location: Garfield CounEy on CO Highway 082A, near Mile R6f. PE. 15.03 Right,
Certificate Holder is listed addit,ional ingured eeneral Liability and Automobile Liability
Colorado Dept of Tranaportation
Region 3 Traffic, Access Unit
222 S 5th Street, Rm 100
Grand ilunction, CO 81501
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE wlLL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
elea Losasso/MML --21-z-- t*aou--
ACORD 25 (2014t011
lNS025 tzoraort
@ 1988-2014 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
W EST
PLANNING I LANDSCAPE ARCHITECTURE I DEVELOPMENT SERVICES
Aspen Valley Polo Club
WEST ACCESS TO OLD HWY 82 (CDOT Permit No. 317090)
Aspen Valley Polo Club
EAST ACCESS TO OLD HWY 82 (CDOT Permit No. 317091)
Photos taken on 07-09-18
i.;.liil:\ ilAl i :; iliiA;ii &1t:3 !7t :73.4155
Page 2 of 2
From:
Sent:
To:
Subiect:
David:
Chris Hale <chris@mountaincross-eng.com>
Tuesday, August L4,2018 11:L0 AM
David Pesnichak
Aspen Polo Club
I reviewed the water system drawings. No additional comments were generated. This appears to address COA
#2. CDPHE will likely need to review as well for COA #19.
Feel free to call or email with any questions or comments.
Sincerely,
Mountain Cross
Engineering, Inc.
Chris Hale, P.E.
826112 Grand Avenue
Glenwood Springs, CO 81601
Ph: 970.945.5544
Fx: 970.945.5558
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WELL PERAAIT NUMBER 82161.F
RECEIPT NUAABER 9504343
oRTGTNAL PERMIT APPLICANT(S)
ASPEN POLO PARTNERS LLP
AUTHORIZED AGENT
CORONA WATER LAW
APPROVED WELL LOCATION
Water Division: 5 Water District: 38
Designated Basin: N/A
ManagementDistrict: N/A
County:GARFIELD
ParcelName: N/A
Physical Address: 16411 HIGHWAY 82 CARBONDALE, CO
81623
SE 1/4 NE 1/4 Section 31 Township 7.0 S Range 87.0 W Sixth P'M.
UTM COORDINATES (Meters. Zone:13. NAD83)
Easting: 315419.0 Northing: 4363856'0
PER,IAIT TO USE AN EXISTING WELL
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1)This wett shatt be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not
ensure that no injury will occur to jnother vested water right or prectude another owner of a vested water right from seeking
retief in a civil court action.
The construction of this wett shatt be in comptiance with the Water Wet[ Construction Rutes 2 CCR 402'2, untess approval of a
variance has been granted by the State Board of Examiners of Water Wet[ Construction and Pump lnstallation Contractors in
accordance with Rute 18.
Approved pursuant to CRS 37-90-137(2) on the condition that this well is operated as an alternate point of diversion to the
Baialt Conduit (if appticabte per decree) and in accordance with one or more of the augmentation plans approved by the Div. 5
Water Court for the Basatt Water Conservancy District in Case Nos. 87CW01 55, 93CW0319, 98CW0026/98CW0089, 01CW0305, &
OZCWOOTT (and Case No. 10CW0047 if in Area A-3 as described in decree), or operating pursuant to an approved substitute
water suppiy ptan. lf this welt is not operated in accordance with the terms of said decree(s) or SWSP, it witt be subject to
administration inctuding orders to cease diverting water. This wett is known as APP Wett no. 1, BWCD contract nos. 701 and7O2-
Approved for the instattation of a pump in, and the use of, an existing wett, constructed on October 77, 7017, to a depth of 41
feet, under permit no. 307221 (canceted). lssuance of this permit hereby cancels permit no. 307221.
The use of ground water from this wetL is limited to; Zone 1 (BWCD contract no. 701 ), five (5) horse barns, each inctuding one
(1)accessofo dwelting unit, bathrooms, wash room, stop sink and horse stalls (inctuding washing stations), a maintenance barn
iinctuding 2 accessor!dweiting units), four (4) cabins, a ctubhouse, the watering of one hundred, twenty (120) head of livestock
ihorses),-ttre evaporition for 0-.58 su*ace acres for three ponds, and 2.5 acres (108,900 square feet) of home gardens and lawns
and Zone 2 (BWCD contract no. 702) being, forty two (42) single family dwellings, a residential community center and
greenhouse,
The pumping rate of this welt shatl not exceed 60 GPM.
The annual withdrawal of ground water from this wetl shatl not exceed 31.37 acre-foot.
The return ftow from the use of this wett must be through either a central treatment system, a septic tank and teach fietd
system, or an evaporative system, whichever does not exceed the amount specified in the Basatt contract.
The owner shatl mark the wetl in a conspicuous location with welt permit number(s), name of the aquifer, and court case
number(s) as appropriate. The owner shalt take necessary means and precautions to preserve these markings'
This wett shal,t be located not more than 200 feet from the location specified on this permit and this welt shatl be tocated more
than 600 feet from any existing wetl, compteted in the same aquifer, that is not owned by the appticant.
A totatizing ftow meter must be instatted on this well and maintained in good working order. Permanent records of alt diversions
must be maintained by the well owner (recorded at least annuatly) and submitted to the Division Engineer uPon request.
NOTE: Canceted permit no.307?21 and permit no. 307480 were previousty issued for this tract of [and.
NOTE: Parcel ldentification Number (PlN): 23-2391-31 1-00-013
7t
3)
4l
6)
7l
8)
e)
10)
11)
Printed 06-08-2018 For questions about this permit catl 303.866.35E1 or go to www.water.state.co'us Page 1 of 2
WELL PERMIT NUMBER 82161-F RECEIPT NUIABER 9504343
NOTE: Assessor Tax Schedule Number: R043722 (totaling 100.44 acres)
NgTE: This permit witt expire on the expiration date untess the wetl is constructed and a pump is instalted by that date. A wetl
Construction and yietd Esiimate Report (GWS-31)and Pump lnstaltation and Production Equipment Test Report (GW5-32) must
be submitted to the Division of Water Resources to verify the wett has been constructed and the pump has been insta.tted. A
one-time extension of the expiration date may be avaita'bte. Contact the DWR for additional information or refer to the
extension request form (GWS-64) available at: http://www.water.state.co.us
.&'r,/.r ?r. i-': -.{",fr.t**o{Date lssued:
Expiration Date:
6t8/2018
6t8t2019
lssued By DWIGHT WHITEHEAD
Printed 06-08-2018 For questions about this permit catl 303.866.3581 or go to www.water.state.co'us Page 7. of L
BASA LT WA"TI]R CONSEITVA NCY DISTITICT
WATER AI-I-OTMENT CON'TRAC'T NO. 70I
Pursuant to C.R.S. S 37-45-131
ASPEN POI,O PARTNERS, I-l-P, a Colorado lirnitcci lialrility partnersltip
("Applicant") has applied to the Basalt W.rter Conservancy District ("District") a political
sut'rclivision o[ the State of Coloraclo, organizecl pursuant to alrcl existing Lry virttre o[
Sectiol 37-45-101, Colorado Revisecl Statutes, e t st'q., for an allotment cotrtract for beneficial
use of watcr riglrts owned, leersed, or hereafter accltrired by the District ("Contract"). tsy
execution of this Contract, Applicant agrees to the following ternts .rntl conditiot'ts .tnd
those certain terrns and concJitions set forth irr tlre attached Order, rvhiclr is frrlly
incorporated ers a part of this Cclrrtract:
1. OUANTITY: In consideration of the covenants .rnd ctlnditions herein
ctlntained, Applicant slrall be entitled to receive and apply to her^reficial use 0.067 cubic feet
of water per second from the District's direct flow rights arrd 6.2 arcre feet per year of
storage or other augnrentation rrater owned or cotrtrolled by the District. Applicant shall
restrict actual tliversions ancl consumptive use under this Cclntract to these amounts. The
Contract amount is base'cl on the water rerluirements table attached hereto as Exlribit B.
Any increase or change in the water recluircnrents to be served by the [)istrict will recltrire
an amendment to the subject Contract.
2. SOURCE OF ALLOTIED WATER: Water rigl'rts allotted pttrsrtaut to this
Contract slrall be from the District's water rights clecreecl to the Basalt Conduit, l,andis
Canal, Stockman's Ditch Extension, Troy and Edith Ditch, Robitrson Ditch, or other water
rights hereafter acqtrired by the District, including tlre District's rigltt to receive storage
water from Ruedi Reservoir and Creen Mor.rntain fteservoir. The District shall have tlrc'
right to clesignate the water right or l)ecree of the District frotn which tlre Applicant's
allotted rights shall be eibtained. The Aprplicant's use oi arry of tlre District's water rights
shall be subject to any and all terms and conditions intposed by the Water Court on the ust'
of the District'.s saicl rights. Exchange L)r clugffrerltation rc-leases nrade frorn the District's
storage rights in Ruedi or Creen Mor.rntain Reservoirs or other tvorks and facilities of the
District shall bc delivered to the Applicant at the or"rtlet lvorks of said storage facility arld
release of water at such otrtlet lvorks shall constitute full perfornr.rnce of tl're District's
clelivery obligation. Delivcry of water from tlre District's storage rights in Ruedior Creen
Mountain Reservoir shall be subject to the flistrict's lease contract rvitlr the United States
Bureau of Reclamation and any rulcs anc-l regtrlations promulgated pursuant thereto.
Releases fronr othc,r facilities av.rilable to tlrc District sharll be sttbiect to the contracts, laws,
rules, arrcl regulations governing, releascs therefronr. Furtlrerlnore, the District lrereby
expressly reserves the liglrt to store water ancl to nrakc'exchange releases frotn structures
tlrat may be builf or controllect by the District in the futttre, sr: lon13 .rs th€ water service to
the Applicant pursuant to tlris agreenrent is not inrpairecl l'ry s.ricl action.
3. At Applicarrt's request, this water allotrnent contract supply and applici'rnt's
structure(s) benefiterJ lrereunc-ler have been incltrded in the District's ttlnbrella 1'rlan for
atrgnreptation decreed in Case No. 02CW77 ("Un'rbrella Pltrn"), Applicant agrees to pay
$3,000.00 for inclusion irr tlre Umbrella Plan contemporaneotrsly with acceptance of tlris
Order, unless otherwise agreed irr writirrg by the parties, which amount is based on and
limitecl to tlre type(s) and amount of water use made by Applicant as detailcd in Exhibit B
to this Wtrter Allotmerrt Contract.
4. PURPOSE, AND I-OCATION OF USII: Ap'rplicant will irse the water rights
allotted prrrsLlant to tlris Contract for treneficial pr,rrp'ro5es by cliversion at Applicarrt's poirrt
9f cliversion trrrder the District's direct flow water rights arrd/or for ttse try ;rugnrentation or
exchange. Applicant will use the water allotted by the District within or through facilities
or upon larrds owrred, operated, or serve.d b), Applicarrt, which larrds trre described on
Exhibit A attached hereto; provicled tlrat the locatiotr and purpose of Applicanl's use of said
water shallbe legally recognized ancl permitted by the apprlicable governnrental ar-rthority
having jurisdiction over the prope.rty served. Apprlictrnt's corrtemplated usag,e for the rvater
allotted hereunder is fr:r the followirrg tlse or tlses:
X Domestic/Municipal
-lndustrial
X Comnrercial
-Agricultural
Other
It is acklowleclged that certain locations within tlre District ma-y not be susceptible to
servicc solely by the District's water rights allottec'l ht'reuncler or the District's said water
rights may not satisfy Applicant's neecls ancl ptrrposes, To the extent that service cannot be
achieve'cl by urse of the District's allottecl rvater rights, or in the event said service is
iladeqtrate, Applicant may trtilize such other water rights, by n'ay of supplenlenting the
District's water rights, or otherwise, as is necessat'y to assltrc rvater service sufficiently
reliable fclr Applicatrt's intended prurpose or PrlrPoses.
All lancls, facilities and areas servecl by water rights allotteci heretrncler shall be
situated within the bourrdaries of tlre District,
Any tluantity o[ the Applicant's allocation not cleliverecl to or ursecl by Applicant by
thc. encl of each water year slrall revert to tlre water supplies of the District. Such reversion
shall not entitle. Applicant to any refund of payrnerrt nracle for suclr water.
Water service provided by tlre District shall bc limitecl to thc trtttottnt of water
available irr priority at the origirral poirrt of diversion of the District's rrpplicablc water right
arrd neither the District, rlcrr those errtitletl to utilize tlre District's t:lecrees, nray call on ally
g,rr.ater amount at new or altentate points of rlivcrsiort. The District shall reqtlest tl'le
Colorado State Engineer to e.stimate any convevarrce losses L-retweetr the original poirrt and
any alternate poirrt and suclr estimate shall be dedtrcted from this amount in each case. The
District, or alryone using the f)istrict's tlecrees, ma_y call on i-llty adcliticln;rl sources of strpply
that nray be available at an alternate point of tliversiolt, bltt ur:t at the origirral point of
cliversion, only as against water rights rnrhiclr are jurtior to the date clf application for tl"re
alternate point of diversion.
In the event the Applicant intends to instihrte any legal proceeciings ior tlre approval
of an augmentation plan and/or arry chirnge. to an alternate poirrt of diversion of the
District's water right to allow the Applicant to utiliz-e tlre water allotted hereundet, tlte
Applicant shall give ttre District written notice of sr.rclt irrtent. In the event the Applicant
develops and adjudicates arr alternate point of diversion and/or an augmelltation plan ttr
utilize the water allottecl hereunder, Applicant sl'rall not be obligated to bear or defray arry
legal or enginc.ering expense of the District itrcurred by the District for the ptrrpose of
cleveloping and adjtrdicating a pl.rn of augnretrtation for the District. In any e'vent, tlte
District shall have the right to appr<-n e the Applicarrt's apprlication for change of water
right, and/or alrgmentation plan or other u/ater strppl-y pl.rn involving the District's rights,
and the Applicant shall provide the District copies of srtch "rpprlicrrtion .rnd of all pleadings
and other papers filed with the Water Court in the adjudic.rtion thereof.
The District reserves the exclusive right to reviel and approve any conditions rvhich
nray be attached to jtrdicial approval of Applicant's ttse of the District's water rights allotted
hereunder. Aprplicrurt agrees to defr;ry any or-rt-of-pocket expenses incrtrred by tlrt'District
in connection wittr the allotrnt'nt o[ water rights ht'reunder, incltrding, bttt not limited to,
reimbursernent of legal ancl engineering costs incurred in connectiorr witlr any furthe'r
water rights adjudicatiol'l necessar,v tr: allow Applicant's use of suclr allotted water rights;
provided, however, in tlre event any suclr adjudication itn,olves more of tlre District's water
rights tlran are allotted pursuant to this Contract, Applicant shall bear only a pro rata
portion of such expenses. Applicant shi.rll be solely resporrsible for providing the
structures, works and facilities, if any, rlecessar)/ to utilize the District's wttter rightsallotted
hereunder for Applicant's beneficial use,
5. IIAYMENT: Applicant shall pay annuc'rlly for tltc water sen'ice described
herein at a price to be fixed annually by the Board of Dil'ectors of the District for such
service. Payment of the anntral fee' shall Lre macie, in ftrll, within fifteen ( l5) day.s after the
date of a notice from the District that the payment is tltre. Saicl notict' will advise the
3
Applicant, ;rmong othe,r things, of tlrr-, rvater cleliver), year to wlriclr the paynrent shall appll'
and the price which is applicable to tlrat I'earr. lf a pal,metrt is ttot nradc t-ry the due date, a
late fee of $50 (or such other anrount as the Bo.rt'd n'lay set from time to tirne) lvill be
assessed and final written notice of the delirrquent accoutrt and late fec asscssment rvill be
sent by the District to t.he Applicant at Applicant's address set forth below. If payrnent is
not made rvithin thirty (30) days after said final rvritten notice, the District nray, at its
option, elect to terminate all of the Applicarrt's right, titlt', or irrterest under this Corrtract, in
which evetrt the water right allottt't{ Irel'etttrder mav Lre transferred' leased or otlrerlvise
disposed o[ by the District at the discretion oi its IJoard of Directors.
Irr the e,vent water deliveries trereurrrler are nla('le try or ['rltrsttatrt to agreement witlr
sonte otlrer person, corporation, quasi-municipal entity, or govcrntnental entity, and in the
event the Applicant fails to rnake payments as reqtrired hereunder, the District mav, at its
sole optiolr ancl reguest, ar-rthorize saicl person or entity to cttrt.ril the Applicant's water
service pursuant to this Contract, and in such event neither thc Di.strict nor stlcll Persons c)r
entity slrall be liable for strch curtailmettt.
6. APPROPRIATION OF FUNDS: The Applicant atrees tlrat so long as this
Contract is valid ancl irr force, Applicant will buclget and appropriate from such sources of
revenues as may be tegally available to the Applicant the funels necessarY to m.rke tlre
annual paynrer"rts in aclvance of water delivery pursuant to this Contract. The Applicant
will hold harmless the District and any person or entity irrvolvecl in the delivery of water
pursuant to this Contract, for disccrntinuancc in service dr-re to the failtrre of Applicant to
maintairr the payments herein retltrired (ln a crtrrerrt basis.
7. BENEFIT OF CONTRACT: The u/atL'r riglrt allottcd hereunc'ler shall be
beneficially r.rsed for tlre ptrrposes and irr the rnanner specified herein anci tlris Contract is
for the exclusive benefit of tlre Applicant arrd shall not inure to the benefit of any successor,
assign, or lessee of said Applicant rvitlror"rt the prior writtetr approval of the Board of
Directc-rrs of tlre District.
Upon the sale of tlre real property to which this Contract pertains, Applicant has a
cluty to make tl're buyer aware of this Contract and the Iree'd trt atssign tlrc'Contract to tlre
buyer. However, prrior written approval of the Boartl of Directors of the District is recluired
Lrefore tlre assignment is effective. Paynrc,nt ttf an assignme'nt ft'e itt.ttt irnlount deternrined
by the Board shall be required cts o ['rr€r€c'ltrisite to aprproval of t]ie assignmetrt.
In the event the watcr right allotted hereuncler is to be used for the belrefit of land
which is now or will hereafter be sLrbdividecl or otlrerrvise held or olvned in separate
owrrership interest, the Applicant may assign the Applicant's rights hcreunder only to a
homeo1pers as.sociation, water clistrict, rvater ancl salritation distrit:t or other special
clistrict, or other entity properly organizc.cl arrd existing under and by virttte of the laws of
the State of Coloraclo, and then only if suclr association, entity or special clistrict establishes
to the satisfaction of the Basalt Water Conservancy District tlrat it has the ahility and
iruthority to assure its perfornlance of the Applicant's obligations ttncler tlris Cotrtract. In
no evelt shall the c,lvner of .r prortiorr, blrt less than all, of the Applicarrt's property to be
serveci uncler this Cotrtract have any rights lrereutrr.ler, exce'L.,t as sltch rights may exist
through a homeowners association or sprr-'cial district as al'rove prrovided.
Any assignnrent of tlre Applicant's riglrts undt'r tlris Contract slrall be srrlriect to at'rd
nrust comply n,itlr such requirements as the District has adoprted or rnay hereafter adopt
regarding assignment of Corrtract rights arrd the assunrprtion of Contract obligations by
assignees arrcl successors, providecl that suclr requirentc'nts shall r,rniforrnly apply to all
allottees receiving District service. The rcstrictions orr assignment as lrerc'in contained shall
not preclude tl're District fronr holding the Applicant, or .lt1v stlcct'ssor to the Applicant,
respon-sible for the performance of all or any part of the Applicant's covenants ancl
agreements herein contaitred.
B, OTHER RULEg: Applicant's rights uncler tltis Contract shall be subject to the
Water Service Plan as acloptecl by the District and amendecl ironr time to time; provided
that such Water Service Plarn shall apply uniformly throughout the District among wirter
users receiving the same service front the District. Applicarrt shall trlso be bound by all
applicable law, irrcluding, for example, the provisions of tlre Water Conservancy Act of tlre
State of Colorado, the Rtrles ancl Regulations of the Board of Dire'ctors of the District, the
plumbing aclvisory, water conservation, and stagc'c'l curtailment regtrlatiotts, if any,
applicable lvithin the County in which the w.rtr'r.illotted hcreuncler is to be ttsed, together
u,ith all amendments of arrd supplements to .lny of tlre ft-rrc'going'
g. CURTAILMENTOF USF: The waterservice provided hereunder isexpressly
sr-rbject to the provisions of that certairr Sti;-rulatir:n in Case No.81CW253 on file in tlre
District Court in Water Division 5 of the Sttrte of Colorado, wlrich Stipr.rltrtion provides, in
part, for the possible curtailment of orrt-of-house mr.rnicipal and domestic water demands
rupon the occrlrretlce of certailr evcnts ancl ttpon thc District giving notice of strch
curtailment, all as more fully set forth in said Stipulatiorr.
10. OPERATIONANDMAINTENANCEACREEMENT: Applicantslrallenter
into an "Operation and Maintenance Agreenrent" with tlre District if arrd wlren the Board of
Directors fincls ancl tJeternrinc,s that strch an agreement is reqtrired by reasol'l of additional
or special services recluested by the Aprplicant arrrrl provided by the District or by reasotr of
the delivery or use of water Lry tlre Applicarrt for more than ont'of the classes of service
rvhiclr trre clefined irr the Rr-rles alrd Itegtrlatiorrs oi tlre Boarcl oi f)irecttlrs of said District'
Said agreemept may contain, lrut not be limited to, provisiotl for watet' delivery at times or
[r), nreans lot provideci witlrin the terms of stanc]ard allotnrcnt contr.rcts of the District antl
a{clitional arrnual ntonetary corrsideration for extettsion of District sert'ices crnd for
aclclitiorral administration, operation arrd maintcnance costs, or for tltlrer costs to the
District which may arise through serviccs made available to the A;rplicant.
1 1. CH4NGE OF USE: TIre District reserves tlre excltrsive right ttt reviet,r,' and
approve or clisapprove any proposccl chaugc in usc of tlie wattr riglrt allotted hereuncier.
Any use other tftan that set lorth herein or anty' letrse or sale of tlre water or water rights
allotted heretrrrcler rryithout the prior written approv.rl of the District sharll be deemed to be
a materi.rl breach clf tlris Contract.
12. PRIO-R RESOI-UTION: The water service provided hereunder is expresslv
subject to that certain Resolution passed by the Board of Directors of the District on
Septemher 25,7979, and all amenclnrerrts tlrereto, trs tlre same cxists Llp()ll the date oi this
applicatiort and allotment Corrtract'
13. NO FEE TITLE: It is unclerstood and agreecl tlrat nothing lrereirr shall give the
Applicant any equitable or legal fee title ilrtc,rest crr ownership irr or to any of the water or
*otu, riglrts of tlre District, but that Applicant is entitled to the right to use the water riglrt
allotted lrere,under, subiect to the limitations, obligatiorrs ancl corrditiorrs of this Cotrtr.rct.
14, COMPLIANCE WITH SECTION .+04 OIT .THE CLEAN WA'I'ER ACT"
Applicant slrall comply witlr Section 404 of the Clearr Water Act and consult rvitlr the Army
Cgrps of Engineers to complete any Sectiorr 404 cornpliance tlrat mav be required as a rcsttlt
of the construction of any facilities necessary to ttse cotrtract water.
15. CONSERVATION PRACTICES: Applicant shall inrplement and use
conrmonly acceptecl conservatiorr practices with respect to the water atrd water rights
allotted ftereuncler and shall be bouncl by any conservation plan hereafter adopted b-y the
District, as the same may be amended from time to time'
16. WELL PEi(MIT: If Applic.rut intends to clivert through a well, then Applicant
must provide to District a copy of Applicant's v.rlid rvell permit before the District is
obligatecl to cleliver any water heretrnder, ancl it is the Applicant's contilruous dutv to
maintain a valid well permit. Applicant shall also cornp'rly witlr all restrictiorrs and
linritations set fortlr in the well pemrit obtained fronr thc' Colorado Divisiorr of Water
Resources. Applicant must comply with tlre well-spacing recluirements set forth in C.R.S.
S37-g0-137, as arnencletl, if applicable. Compliance with said statr,rtory well-spacing criteria
shall be an express conditiorr of tlre extension clf service hereundcr, and the District slrall in
no way be liable for an Applicarrt's faih-rre to cornply. Applicant agrces to nrark the well in
a conspicuous place with the permit nrtmber.
17. MEASURING DEVICE OR METtiR: Applicant agrees to prrpvi.{., "rt its own
expense, a totalizing flow rneter with renrote readout to cotrtinuously arld accurately
measllre at all times all water diverted pursuarrt tcl tlre ternrs of Applicarlt's water right and
the terms of this Contract, On or before Noventber 15 of each year, Applicant will provitle
accurate readings from sucl'r clevice or nreter (recordecl ou a montlrly basis for the period
November 1 through October 30 of eaclr year) to District, tlre Divisiorr Engineer and Watcr
Commissioner. Applicant acknowledges tlrat failtrre to comply with tlris paragraph could
result in legal action to terminate Applicant's diversiorr of rvtrter by tlre State of Colorado
Division of Water Resources. By signing tlris Contract, Applicarrt hereby specifically .rllows
District, through its authorized agc.nt, to enter upon Applicant's propertv dr-rrirrg ordinary
business hours for the purposes of deterrnining Applicant's actrtal use of rvater,
18.cONTRACT TERMINATTON:
Terminirtion bv District:
1. The District may tertninate this Contract for any violation or
brcach of the terms of this Cotrtract by Applicatrt, or Applicant's
breach of any otlrer contr.rct with the District.
2. The District tnay terminate this Contract if, in its discretion/ any
iu dicia I or administrativc proceed irrgs in itiated by Applicaut threaten
the District's authority to contract for delivery or use of the District's
water rights, or threaten the District's permits, water rights, or other
interc,sts of tlre District.
Termination bv Auplicant:
1. A1'r;,rlicant may ternrinate tlris Contract in its entirety for .rtry
reason by notifying the Distr-ict irr lvriting of tlre termination c)n L)r
before April 1. Notice by said date will prevetrt the Applicant's
liability for the next annual corrtract charge.
1.9, RECORDINC _OF MEMORANDUM: ln lieu of recording this Water
Allotnrent Contract, tr Memorandum of Watr.r Allotrnerrt Contract will be recorded with
A.
B.
the Carfield County Clerk and Recorder's Office. The costs of recording the Memorandurn
shall be paid by Applicant.
APPLICANT:
ASPEN POLO PARTNERS,LLP,
partnership
Managing Partner
Arulicnnt's Address:.-
715 West Main Street
Aspen, CO 81611
Telephone No.: (970) 948-6523 (Craig Corona)
STATE Ortr lnriela )
) ss.
COTINTY OF Palq B""ll
Subscribed and sworn to before me this <tt{ a"y or fi P r. \ .. . zora,
by Marc C. Canzi as Managing Parhrer of Aspen Polo Partners, LLP, a Colorado limited
liability partnership.
WITNESS my hand and official seal.
My cornmission expires:
..*rfff. ATIUSHTA FROIER
!1 f I! rar@tttttS5lONrFFql3SO2
EXPHGS Ofitor 0t.2Ot0
Notary Ptrblic
EXHIBIT A
LEGAL DESCRIPTION * ZONE 1
The land referred to in this Comnritmc'nt is clescribed as follorvs:
A tract of lancl situated in Lots 8, 9, and 10 of Sectiorr 3l ancl itr Lots 5 artd l3 ot Section 32, all irr
Township 7 Sorrth, I{arrge 87 West of the 6tr' I'rincipal Meridian, Cirrfield County, Colorado,
lying Southerly of and adjacent to the Southerly right of way line of OLl Statc' I-lighr,vav 82 arrd
being rnr:re particulnrly describecl as follows:
Beginning at a point on said Southerlv right of way line whetrce a strtne fortnd in place for the
witness conler to the Northeast corner of said sectiott -ll bears N 26 degrees 00' 43" E 1433.52
fe'et; thence S 79 degrees 58'52" 82125.37 feet along said Southerly right of rvay line to the
Northwest col'ner of a parcelof larrd described in Book 1013 at Page 423 ol'the records of thc'
Carfir..lcl C6untv Clerk ancl Recorder; thence along tlre Westerly bc,ttndary line of said parcel
on thc fr.rllowing twcr (2) cL,urses: S 0.1 degrees 55'tltl" W 461.90 feet; thence S 01 degrees 00'
00" E 861.25 feet to a poirrt r-rn tlre Northerly right of way line of the Roaring Fork fratrsit
Autlrority Railroad right of wav; thence 16c),57 fuet along said Northerly raiJroad right of way
line on the arc of a 1565.69 foot radius curve to the left, tl'te chord of which bears S 54 clegees
32' 43" W 1,69.49 feet to a point on the Southerly bounclaly line of said Lot 13; thence N 89
degrees 54' 14" W 651.37 feet along the Southerly bounclary lirre of saicl Lot 13 to the Northeast
.oi,r*r of saicl Lot 10; thence S 00 degrees 10' 37" E 351.tt0 feet along tlre Easterly boundary line
of said Lot 10 to a point in the center of the Roaring Fork River; thence along tlre center of said
Roadng Fork River on the follorving seven (7) courscs: S 86 ctegrees 53' 04" W 291.14 fee$
thence S 85 depees 32' 23" W 117'60 feet; thence S 78 degrees 29' 25" W 123'94 fee[ thence S 89
clegees \7' 47" W 11tt.54 fec't; thence S 67 deg'ees 42' 27" W 386..10 feet; thence S 62 degpees
48' 18' W 124.67 feet; thence S 57 de.grees 58' 42" W 235.29 fect to a point on the Easterly
boundary line of BIue Creek Ranch recolded as Reception No. b23535 in the records of the
Garfield County Clerk and Recorder; lhence along the Easterly boundary line of said BIue
Creek Ranch on the following three (3)courses: N 00 de'grcesl0'37" W 736.64 feeU therrce N
89 clegrees 5ll'14" W 231.46 feet; thence N 00 degrees 02' 13" W 1(177.c)l) feet to the Southwest
c.lrn.i of a parcel of land described in Book 333 at Page 51 1 of the Carfielcl Coutrty records;
thence S 79 degrees 52'72" 8278.00 feet along the Southerly trotrr"rdary line of the prarcel
clescribed in said Book 333 at Page 511 tn thc'sotrtheast corner of said parcel; tl'rence N 00
degees 02' 13" W 156.69 feet alurng the Easterlv bounclary line of said parcel to the point of
beginrring; Garfield County, Colorado.
'at6t USer qspen Pokc Partners. LLP
\nelEis Dete .)rember 14. 2O17
fistricl Area:A
lufce senes 4
30 0 067
(GPM} (CFS)
BASALT WATER CONSERVANCY DISTRICT
WATER REOUIREMENIS
(acre ,eei)
-Zmel-
\ronlh
Totr Consumotive U*
( 14)
Source of
(1) (2') (3) (4) (s) 16lDomestic Emerg|ency Pond
ln.hous Commdcial lrioalion FEmr.lioh H6r.es IOTAL
(E) (9) (10) (r1) (12) .(r3)
Domcstic Emergency Pond
Fhouge Commercial lrrioation Evamalion Horscs TOTAI
January
February
March
April
May
JUre
July
Augusl
SBplembet
Odobc.
Novembet
0.257
0.232
0.237
0,249
o.257
0.249
0_?57
o.237
0.249
0.257
o.249
o 257
u.oJ5
0.573
0.535
0.614
0.635
0.614
0.535
0.635
0.614
0.635
0.614
n 415
0.000
0.000
0.000
0.230
0.000
0.000
0.000
0.000
0.000
0.274
0.000
o 000
0.065
0.076
o.120
0.195
0.261
0.315
0.326
0.294
0.218
0.152
0.087
0 065
0.126
0.'t 13
0.126
0.122
0.126
0.122
0.'126
0.125
o.122
0.126
0.'t22
0.1 26
1.0E2
0.995
1.137
1.410
1.2?8
1.300
1.3t(l
1.3t1
1202
1,47
1.07r
1.082
o.0f,9
0.035
0.039
0.037
0.039
0.037
0.039
0.039
0.037
0.039
0.037
0.039
v.u9c
0.086
0.095
0.092
0 095
0.092
0.095
0.095
0.092
0.095
0.092
0 095
0.000
0.o00
0 't84
0.000
0.000
0.000
0.000
0.000
o.222
0.000
0 000
u.uDo
0.076
0.'120
0.196
0.261
0.315
0.325
0.?94
0.216
o.152
0-0E7
0 065
o.
0.
0.
0.
0.
0.
0.
0_
0.
0.
0.
0
t26
r13
t26
t22
t26
t22
r26
r26
t22
126
t?2
r26
U.J'/
o.3i1
0.4 17
0.694
o_572
0.623
0.544
0.508
o.5't 5
0.697
o.372
n 1q7
(,NM
GNM
c,|lM
GNM
GNM
GNM
GNM
GNM
GNM
GNM
GNM
GNM
IOTALS ->3.O24 7 172 o 508 2 175 I a79 ta_858 0.45{1 121 0.407 2_175 1.479 6.198
Assumpl!0ns A-a
NUMBER OF RESIDENCES 7.714 EQRS
See domcatic tolal/ssumptions on Table I 3.024 AF
(5), o, Hors6 {O 1 1 oals/dev 1 20 ring Fork
orm Oepl
r well(s)
delrycd c
tal ,/o CU for Domestrdcommerqd '15
(2)Commercial/Other Oemand (af) 7.472 AF
Sle commarcial totauassumptions on Table 1
(1 0),/o Lawn kng- Efliciency E0
lonsumption of hrig. (aflac) 2.052
(3)Emergency krigairon 108.900 square{eel
Lam Application RAe (aflac) 2.565
April and October Onlv (from surface d(ches)
(r1)Pond Evaporalion f00
100 perent consumptive
dolayed
(4),ond EvaporatBn 2.175 AF
ie Tabla 2
(10-11)-levatron (feett 6320
I otal Loss
'10"/o from Grcen l\4'ln
Fork River
Oepletions
(s)
ycd effectl
from
ditches
ryed ettact)
= Domestic Us6 = Commercral U*
X
OITDER CRANTINC AI'PLICATION FOR AI,I,OTMENT CONTRACT
ASPEN POLO PARTNERS, LLP
CONTRACT NO. 7OI
Application having bccrr maclc L'ry or otr behalf of ASl')h'N I'OLC) I'ARTNIIRS, [-LI', 'r
C.ltrrado linritctl liability partnership ("Aprplicarrt") ancl lrearitrg ort said Apprlication having Lreen
duly lrelcl, it is hcrt-by orr.'lered that sairl Apprlication be grantecl ;rtltJ that tlre attached Watt'r
Allotment Contract for 11.067 cubic [t-.r,:t of rvater per second from tlrt' District's direct flow rights and
6.2 trcre fcet per year of storag,e/augnrcntation rvatcr ownctl or cotrtrc.rllt't-l Lrv tlre District is hcreby
apprpvcil and r.xecutec{ Lry and on behalf of the L}asalt Water Conscrt,arrcy District, for the beneficial
usc of tlre water allottecl in thc attachc<l Ctrntrttct' uPotr tlre terttts' corrditiotls atrrl ntanncr r'ri
payntelt as therein specifir,.cl arrcl subjr:ct to tlre Ittllowing speci[ic contlitiOns;
L The Aprplicant has acknowlr-'clg,od that the l.rnd to bc benefited by the attaclrer'1
Cpntract is clescribed on Exhihit A attached ht:reto atrd inctlrprorltted hcrein trv this rcfercrrct''
Z. 11 the everrt r-rf tlrc divisiorr of the property serverl by this Contract itrto two or nlore
lrarcels owned by rliffercnt pcrsol.rs, tlrc Aprplic.'rrrt shall estalrlish a l-ltxtcowtrcrs Association or
other eltity acccptablg to tlre District [or the ongrling PavnlL-tlt ol'cltarges tlue rttrcler the ap'rprovcrl
C6ntract f6llowing subtlivisiorr of the property. 'lhr' Apprlicarrt slrall give noticc to purchascrs of all
or any part of tlre subject grropr-,rty ol'tlrt oblig;rtiorr o[ this Contlact, and shalI rccord such notice in
the records clf thc Clerk a6d RL,c()rLler o[ Cartield Count1,, Colorac]o. Apprlicant ancl his stlccessors
an.i irssigns shall corlp-rly with all rtrlcs anr.l rr.gulatiorrs now cxisting or hereafter adoptt'cl bv thc
District, irrcludirrg enfgrcing payrnent of charg,cs cluc utrcler the approved Contrttct by prescnt arrd
future owncrs of all or any part of thc rcal property scn'ecl ulrr.ler this Contract.
3. Aly allotment of lt'ss tharr .l.0 acre foot of storage weltt'r irr Parag,raplr 1 crf the
attactred Contract shall bc der.rncd 1.0 acrc fotlt for L)urPoses of esta[:lishing the atrtrual tvatcr
service charge for suclt watr:r allotmc.nt.
,1. Tlie Applicalrt shall Provicle the District proof that tlrt 1'rroposecl larrd rtse of the larntl
to bc be^cfitr..4 bv thc water allotted hercunrlcr has L're,cn a1'rprr-rvccl [:v thc applicaL'rle governnretrttrl
atrthorities having juriscliction uver strch larrci use, includiug r'vicletrcc satisfactorV to tlre District tlr;rt
cach lot or parr.-el to be'benefited hereunc{cr is legally sulrtlivitlcd.
5. Arry well pernrits issuct'l on thc basis oi tlris Allotmettt Contract shirll bt'appliecl for
and issuecl in the n.lt:re of tlre Applicirnt.
6. Hgwevcr, by acr.:eptancc o[ tlris Contr.rct, Aprprlicalrt ackrrowlcdgc's thrrt it shall L'e
respor-rsible ibr any arJiudicatiorr of tlrc water right associatcr-l with tl'rc Applicant's prond' Thtr
Contract allots storage/augmerrtation wate r of thc District to .rug,tlelrt evaporative losstls Ironr the
surface area 6f tlre porrrJ, but the ApFrlicant;rckrrorvledg,cs tlrat the District will rrot be resPonsilrlc
for a,Jjrrdicatirrg a water right or priority clalc for the potrcl irr arry l:tttttre water rights plan ol'
atrgmeptatipn file,l by the District. In its sote, cliscretiotr, tlrc District may inclucic tlre attgme'tttation
of ii,* "rop,rrativr-
Iosscs frorrr the porr,J in a future aug,nrcntatitltr platt filing (as irbove describccl),
5ut only ai'ter the Applicant provicies the District witlr a tlecree oI court rvlrich adiudicates the werte r
right and priority associated wittr tlre pond. ln the cvctrt that tlrt'Distlict includt's thc augmentatitlrr
of thn nuuporative losses in a frrture augnrentatiort plan [ilirrg, the Apprlicant shall pav the District's
costs associated rvith the plan (as alrove describcd)'
T. This Cqntract is contlitionecl upon anci wai.t'r may Lre cle'livcrcci hereuuder orrly itr
corrf6rnrity witlr a water riglrts plan o[augmcrrtatiorr clecreed by tlrt: W;lter Cr-rurt of Water Division
N6. 5. Any and alt conJtion-s imposecl upr:rr tlte relcase atrcl cliversiotr of thc water allottecl
6ereunder in t6e rlecrec 9t: said Water Cor-rrt shall be incorporatecl hercin as a conelition of app'rroval
of this Crrntract. Cr.rnting of tlris Allotrnent Contract clot's trot constitttte tlrc District's
representatiol that the Applicant will rect ive a well pcnnit or water rights decree ior thc land to be
benetited hcreby.
B. If Applicant intenrls to dirrert rvater througlt il wu'll or wells, Aprplicant slrall ;-rrovide
the District a copy of Applicant's valid well pernrit for cach such wcll before thc'District is ol-rligated
to deliver water for thc benefit of Applicant hcreutrc'lcr. Applicarrt nrttst corrrply with the wcll-
spacing rtcluirc.mcnts sct l:orth in C.ll.S. S 37-90-137, as amentled, if applicable' Compliance with
,ri,l ,tututory well-spacing criteria shalt be an express corrdititttr of the cxtetlsion of servicc
6ereunder, apd the District sftall in no way be liable for irtr Apprlicant's farilurc to corrrply'
Approvc,J this -\':'.['clay of February, 20lE
BASALT WATER CONSERVANCY DISTRICT
r--\ i-)\ \..nv 't -)'-r \-rea(- t
Dott Bo!'cr, fe'-si de'nt
Attest:
Secretary to the Meeting
-2-
EXHIBIT A
LEGAL DESCRIPTION _ ZONE 1
The land referred to in this conrmitment is descril:ed as follorvs:
A tract of land situ.rted in Lots tl, 9, and ltl of Sectiorr 3l trncl in Lots 5 ane-l l3 of Section 32, all irr
.lirwnshipr 7 South, Range 87 West of the 6'r' Principal Merirlialt, Caltlelcl Ct)utttv, Colomdo,
lying Southerly of and acljacent to the Sotrtherly riglit or rvirv linc of Olcl State l{iglNvay 82 arrd
beirrg nrt:re particularly described as iollows:
Begirrning at a point on said Southerly right of rvay line whence'a stotre found in place for thc
witness corner to the Northeast cornlr of said.".iion 3l bears N 26 degrees 00'43" E 1433'52
feeu tlrence s 79 cleppees 58', 52" E 2125.37 feet alorrg said southerly right of way line to the
Northwest corner of a parcel of land described in Book 1013 at Page 423 of -the
records of the
Garfielcl county Clerk and Recorcler; thence along thr.' westerly lroundary lirre^tr( saicl parcel
., lhe following hwo (2) courses: S 04 clcgrees 55;00" W 461-90 feeu thencc S 01 degrees (]0'
00" E g61.ZS feet to n p.iint r-rn the Nortlierly right of way.lirre of thc l{oaring Fork l'rarrsit
Authority Railroacl right of way; thence l(tc).5i feel along said Noltl'rerly railroad right of wav
line on the arc of a 1565.69 foot raclius cunre to tlre left, the chorl of which hears S 54 degrees
32' 43'w 169.49 feet to a point on the southerly bourrdary line of said Lot 13; thence N 89
cleglees 54', 1,4" W 651.37 feet along the southerly'boundary line of said Lot 13 to the Northt'ast
corner of saic{ Lot 10; thence S 00 degrees l0' 37; E 354.80 ieet along the Easterly bourrdary line
of said Lot 10 to tr poir.rt in tl're centeiof the Roarirrg Fork River; thence along the center of said
Roartng Fork River on the ftrllowing, seven (7) .,ir.,rrot, s 86 clegrees 53', 04" w ?94'14 feet;
tlrence s 85 degrees 32', 23'W 117.60 feet; thence s 7tt dcgrees 29'. ?5" W 123'94 feeu therrce s 89
clegrees 77', 47; W 118.54 feeU t6ence S 67 degrees 42',17',-',w-38(r'40 feeq thcnce s 62 clegrees
+g, lB,, W 124.67 feeU the.ce S 57 degrees it' +2" W 235.29 feet to a poirrt on t5e Easterly
boundary tine of Blue Creek Ranch recorclecl as Receprtion No. 623535 in the records of the
Garfield Coulty Clerk and Recorrler; ttrence along tire Eastcrlv bounclaty lirl1 of said Blue
creek Ranch on the following three (3) courses: N iiO .legroes 10', 37" w 736'64 feet; thence N
89 degrees 54' 14" W 231,,16 feeu thence N 00 deglees 02;1:" W 1677.9t) feet to the Southwest
.or,.,uiof aparcel oflanddescribedinBotrk 333atPage51lof tlre GarfieldCountyrecords;
thence S 79 degr.ee s 52' '12" E 278.00 feet along tht' Siiutherly bourrdary line ot the Parcel
described in said Book 333 at Page 511 trl the southcast cornt'r r:f saicl parcel; thence N 00
clegrees 02, 13" W 156.69 t'eet along the Easterly lrounclary litre of saicl parcel to the poirrt of
treginning; Garfield Cttunty, Colorado'
BASAT,T WATEI{ C-ONSERVA NCY DIS]'ITIC'T
WATER ALLO'TMENT CONTRACT NO, 702
Pursuant to C.R.S. S 37-45-131
ASPEN POLO t,ARTNERS, [,1.P, a Colorado liruited liability partnersl'rip
("Applicant") has applied to the Basalt Water Conscrvatrcy District ("District") a political
sutrdivisiorr of the State oi Colorado, organizcd pLlrsuattt to atrd existirrg Lry virtue tlf
Section 37-45-101, Colorad o Rcviscd Statr-r tes, rt seq., for an a lL-rtnren t cctntract for bcrrcficial
use of water rights orvned, leased, clr lrereafter acr'llrired by the District ("Contract"). By
execution of ttris Contrarct, Applicant agrees to the follorving terms anc'{ conditiotrs and
those certain terms and conditions set forth in tlre attachcd Order, which is fulli
incorporated as a part of this Contract:
1. OUANTITY: In consirieration oi the coverrants anrl conclitions herein
containecl, Applicant shall be errtitle'cl to receive and apply to bencficial trsc 0,067 cubic feet
of water per second front the District's direct flow riglrts and 2.9 acre feet per year of
storage or other ar-rgnrentation water owned or controlled by the District. Aprplictrnt shall
restrict actual diversiclns and consumptive use under this Contract to these amoutrts. The
Contract anrount is based on tl'le water rerluirements talrle attached hereto as Exhibit B.
Any increase or clrange in the water retluirements to be served Lry the District will require
an anrendment to the subject Contract.
2, SOURCE OF AI-t.QTTED WATER: Watel rights allottecl pursudrlt to tlris
Contract shall Lre from the District's water rights decret'd to the Basalt Condttit, Landis
Canal, Stocknran's Ditch Extension, Troy and Edith Ditch, Robinson L)itch, or other water
rights hereafter acqr"rired by the District, inclurding the District's right to rc'ceive stora6;e
water fronr Ruedi Reservoir and Green Mountain l{eservoir. Tl're 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 watt'r rights
shall be sr.rbject tq any and all terms and conditions irnprs5ecl by the Watc'r Ctlurt on the use
of the District's saici riglrts. Exchanger or augmentation releases nrade from the District's
storage rights in I(uedi or Creen Mclulrtain Reservoirs or other tvorks and facilities of tlre
District shall bc delivered to the Applicant art the outlet works of saicl storage facility and
release of water at suclr orrLlet works shall constitute full performattce of tl're District's
delivery obligation, Delivery of rrr,ater from the. District's storage rigltts in Rtredi or Creen
Mountain Reservoir shall be subject to the District's lease crttrtract with the United States
Bureau of Reclamation and any rules and regulations prorntrlgatec'l pursuant tltt't't'to.
Releases fronr other facilities available to thc District shall Lre srrbject to tlre contracts, lavvs,
rulcs, and regulations governing releases tlrcrc.fronr, Irurthernrore, the District hereby
expressly reserves the right to store w.1te[ and to nrake exchange rcletrses from structttres
tSat nray be built or contrr)lled by the District in the future, so lorrg as tlre water scrvice to
the Applicant pursrtant to this agre'ement is not inrpairecl by said action.
3. At Applicant's rctluest, this water allotmerrt contract supprly trnd applicant's
structurc(s) benefitecl hereunder have L',een irrclr.rdecl ir"r the District's ttmt"rrell.r prlarr for
augmerrtation decreed in Case No. 02CW77 ("\)mbrella l)latr"). Aprplicant agrees tr-r pray
$3,000.00 for inclusion irr tlre Urnbrella l)lan conternpot'anL'ously witlr accePtatlce o[ this
Order, unless otherwise agreecl in writing by ttre parties, wlriclr anlolllrt is basecl otr and
lirlited to the type(s) and amourrt of water use made by Applicarrt;rs detailed in Exlribit B
to this Water Allotment Contract.
4. PURPOSE AND LOCATION OF USE: Applicarrt rvill use the wtrter rights
allotted pursuant to this Contract for beneficial purposes by diversiott at Applicirnt's point
of cliversion under the District's direct t'low water rights arrd/or for use lry augmt'ntation or
exchange. Appticant will use the water allotted by the District withirr or througlr facilities
or upon lands owned, operatec{, or served by Applicant, which lands are described on
Exhibit A attachecl hereto; proviclecl that the location ancl ptrrpose of Applicant's trse of said
water shall be legally recognized and permittecl by the applicable governmentalautl-rority
having jtrrisdiction over the property served. Applicant's contetnpl.lted trsage for the water
allotted hereunder is for the ftlllowing use or Llses:
X Domestic/Mgnicipal
-lrrclustrial -Conrmercial -Agriculttrral -L)ther
It is acklowledgecl that ccrtain lc'rcations within the f)istrict may rtot be strsceptitrle to
service solely by the District's water rights allottecl hereunder or the District's said water
rights may not satisfy Applicant's needs and purposes. To the extent that scrvice cannot be
achievecl bv use of the District's allotted rvater rights, or in thc event said service is
iladequate, Applicant ntay utilize such other watc'r rights, by u'ay of strpplementing tlre
District's water riglrts, or othcrwise, as is necessary to assurc watc'r service sufficierrtlv
reliable for Applicaut's intetrded purpose or p'rt-tYpp5"u.
All lands, facilities and areas served [r], rvater rights allottr'd herettnder shall be
situated witlrin the boundaries of the District.
Any quantity of the Applicant's trllocatiorr not delivered to or ttst-d by Applicant by
the end r:f each water year shall revert to the water supplies of the District, Sttch reversion
shall not entitle Applicant to arry refund of paymerrt m.rde for such water,
Water service provicle.cl b-y the District shall he linrited to the amottttt of water
available in priority at the origirial pr.-rint of diversion of the District's applicable rvater right
and neither the District, por tlrose entitlecl to utilize the District's tlecrees, nray call on any
greater anrount at new or altern.rte poirrts of cliversion, Thc District shall reqttt-st the
Colorado State Engineer to estimate ilny convcyatrcc losses Lre'tweetr the original point ancl
"rny alternate point and such estint.rte strall be dc'ducted from tlris amount itr e'ach case. The
District, or anyone usilg the District's decrees, nray call oll any ariciitional sources of sirpply
that may lre availabk, at .rn alternate point of cliversiotr, but l'rot at the original poirrt of
cliversion, only as against water rights which are itrnior to the tlate of application for the
alternate point of diversiou.
ln tl're eve,nt tlre Applicarrt intends to instihrte any legal prc)ceeLlings for the approval
qf an augmentation plan ancl/or any cl'range to an alternate ptlirrt of diversion of the
Di.strict's water right tcl allow tlre Applicant to utilize the watcr allottcd herettnder, tlle
Applicant shall give the District writterr notice of suclr itrtent, In thc" event the Applicar-rt
develops ancl acljrrclicates an alternate point o[ diversion atrd/or an augmentatiorr plan to
utilize the water allotted hereunder, Aplrlicant shall not be obligated to bc'ar or defray an1'
legal or engineering expeltse of the District incurred by the District ftlr the ptrrpose of
cleveloping ancl acljudicatirrg a plan of augmentation fttr the District. In any event, the
District shall have the right to approve the Applicant's application for charrge oi water
riglrt, alcl/or augnrentation plan or otltr,r water supprll, plan irrvolving the District's rights,
a1d the Applicarrt shall provicle the Distric't copic's of such applicatiorr at'rd of all pleadings
ancl otlrer papers filecl with the Water Cor.rrt in the adiudicatiotr thereoi.
The District reserves the exclusive rigtrt to review artd approve any conditions which
may be atiached to fudicial approval of Applicartt's use of the District's water rigl'rts irllotted
lrereunder. Applicant agrees to defray any otrt-of-pocket exPelrses itrcurred by the District
in conrrection with the allotment of water riglrts hereuncler, including, but not linrited to,
reimhursement of legal ancl elrgineering costs incurrcd in colrnectiorr with any fttrther
water rights acljr-rdication necessary to allow Applicarrt's ttse of strch allottt'd water rights;
provi,Jecl, however, in the event any such adjudication involves more of the District's watet'
rights than are allottecl pursuant to this Contract, Applicant shall [:ear only a pro rata
portiorr of strch expenses, Applicant shall be solely responsible for proviclirrg the
str.uctures, works ancl facilities, if any, necessary to trtiliz.e the District's water rights allotted
hereunder for Applicant's beneficial r'rse.
5, PAYMENT: Applicant shall pay anrlually for tlrc'rvater service dcscribed
herein trt a price to be fixer'l annually by thr-' Board o[ Dircctors of tl"re District for suclr
service. Paynrtnt of the annual fee slrallbe nrade, in frrll, rvithin fifteen (15) days after the
clate of a notice fronr the District ttrat tlre paynrent is dr.re. Said notice will advise the
Applicant, anlorlg other thirrgs, of the rvater clelive'ry year to which tlre paynrent shall apply
and the price which is aprplicable to that ye,ar. II a p',6y111s'nt is not made by the due datt', a
late fee of $50 (or sucl-r otlrer arnount as the Boarcl rnay set fronr time kl time) rvill be
assessed ancl final writterr notice of the delirrqtrerrt accoturt and lirte fee trssessnrerrt will be
sent lry the District to tlre Applicant at Applicartt's address sct fortlr Lrelorv. If p;ryment is
not made within thirty (30) days after said final written notice, the District mtry, at its
option, elect to terminate all ot'tl're Applicarrt's right, title, clr intcrest rttrder this Contract, itr
wlrich c'vent the watc'r right altotted hereurrder nlay bc transfcrrecl, leased or othcrwise
dispr:sed of by the Disirict at the rliscretiotr o[ its Board of Directors.
Irr tl"re event water delirreries herc,uncler are nrade by or pursttatnt to agreenrent witlr
sotne other pL-rson, corporation, quasi-nrtrnicipal errtity, or Bovernnrental entity, ancl in the
event the Applicant fails to make pa)/ments as requrired hereutrcler, the District mav, at its
sole option and recluest, authorize sitid person or entity to cttrtail the Applicant's rvater
service pursuant to this Corrtract, and in such event neither the District nor sttch persons or
entity shall be liable for such curtailntent.
6. APPROPRIATION OF FUNIIS: The Applicant irgrees that so lorrgi as this
Contract is valid and in force, Applicant will btrdgr-t arld .tpPropriatc frottr sttch sources of
revenues as may be legally available to tlre Applicant the ftrnds nc'cessary to nrake the
annual pa,ynlents in advance of water delivery pursuant tt'r this Contract. The Aprplicant
will holcl harnrless the District and any persorl or entity involl,t'cl in the clelivery of water
pursuant to tlris Contract, for discontinuance in service dtre to tlre failure of Applicant to
maintairr the payments here'in required on a curret'rt basis.
7. BENEFIT OF CONTRACT: The water right allotted hereunder slrall be
beneficially rrsed for the ptrrposes ancl in tlre rnanner specified lrereitr arrd this Contract is
for the exch.rsive benefit of tlre Applicant and shall not inure to the berrefit of any successor,
assign, or lessee of said Applicarrt without the prior writtetr aPProval crf the Board of
Directors of the District.
Upon the sale of the real prtlp'rerty to whiclr tlris Contract pertains, Applicatrt has a
duty to make the buyer aware o[ tlris Contract and thc" treed to assigrr tht' Contract to thc'
buyer. However, prior written approval of the Board of Directors of tlre District is requrired
before the assignment is effective. Paynrcnt of an assignnrerrt fee in an anrourrt determinecl
by the Board shall be recluirecl as a prerecluisite to approval of the assignrnent.
In the event the wirte r right allcrtterl hc.rerrnder is to be useel for the'benefit of land
rvhich is now or will licreafter be subdivided or otherwtse hcld or orvned in sc'parate
ownership interest, the Applicant may assign the Applicant's rights herettnder orrly to a
homeowners associatiorl, rvatt,r district, r,vater anc-l sarritation clistrict or clther special
district, or other e.ntity prroperly organizeel and existing turclcr and t'ry virtue of tlre laws o[
the State of Colorirdo, and therr on11, if suclr association, entitv ol special clistrict establishes
to the satisfaction of the Basalt Watcr Conservarrcy District tlrat it lras the ability and
ar-rthority to asstrre its perforrrlance of the Applicant's olrligations tttrder this Corrtract' In
no event shall the owner of a portion, [:ut less than all, of the Applicatrt's property to be
served under this Contract lrave any riglits hercuncler, cxcel-rt as such riglrts may exist
tlrrotrgh a lromeowners associatiorr or sprecial district as above providetl.
Anv assignnrent of the Applicant's riglrts urtcler tl'ris Corrtract slrall be sirbiect to arncl
nrust conrply with suclr requirements as tlre District has .rdoptccl or nray hereafter.rdopt
regardirrg assignment of Corrtract rights ;rrrd the assr.rnrption of Cotttract obligations lrv
assignees and successors. provided that srrch requirements slrall trnifotmly apply to all
allottees rec^r,iving District service. The rcstriction.c on assiBnmellt as lrerein contairrecl shall
not preclucle the District from holding the. Apprlicant, or itny slrccessor to the Applicant,
resporrsible for the perforrnance of all or any part of the Applicallt's covenatrts and
agreements herein contained,
8. OTHER RULES: Applicant's riglrts under thi-s Contract sl,allbe subiect to the
Water Sen.ice I'lan as adopted by thc District and anrended from time to time; provitlecl
that suclr Water Service Plarr slrall apply uniformly tlrroughout the District among rvater
users receiving the same service from the District, Applicant slrall also be bound by all
applicable law, including, for example, the provisious of tlre Watt'r Conservancy Ar.-t of the
Stirte of Colorado, the Rules.rnd Ilegulations o[ the Bo"rrd of Directors of the District, the
pltrmbing arJvisory, water conservation, and stagecl curtailment regulatiotrs, if atry,
applicable within the County in which the water allotted ltereuncler is to be used, together
with all amendments of ancl supplements to atry of the foregoing.
9. CURTAIt-MENT OF USE: 'fhe w.rter service provided lreretttrrle-r is cxprressly
surbject to the provisions of that certain Stiplrlatiorr itr Case No. UlCW253 on file in tht'
f)istrict Court in Water Division 5 of the St;rte of Colorado, which Stiptrlation provides, in
part, for the possible curtailment of out-of-house rnunicipal and domestic water denrands
rupon the occurrcnce of certain events arrd upcrn the District girring trotice of such
curtailment, all as nlore furlly set forth in said Stipulation'
10. OPERATION AND MAINTENANCE ACIf EEMITNT: Applicant sl'rall enter
into an "Operation arrd Mairrtenance Agreement" rvith the District if .rnd rvhen the Board of
Directors finds anci determines that such "rrr agreenrent is rerltrired Lry reason of additir:nal
or special services requested bv the Applicarrt arrcl providecl by the District or by reason of
the delivery or Llse of water by the Aprpticant for nrore tharr one of the classes of service
which are cleiinecl in the Rules arrd Re1;ultrtions o[ the Boarrl o[ Dircctors of sair.l f)istrict.
Saicl agreement nray contain, but not be linrited to, ;-rrovisiotl for water delil'erv at tinres or
by means not prrovidecl within the ternts of standarri allotment contracts of the District ancl
ar.lclitional annual morretary consicleration for extensioll tlt' District services antl for
aclclitiorral adnrinistration, operation and maintetratrce costs, or for other costs to the
District which may arise tlrrough sen,iccs made available to the Applicant.
11. CHANCE OF USE: The District reserves the exclr,rsive riBht to review and
approve or disaprprove anlr proposer.l clrangc. it't use of the wate'r right allotted hereutrclc'r.
Any use t'rther than that set forth herein or any lease or sale of the lvater or water rights
allotteci lrereunder rvithout the prrior r.vritten ap;rrov.rt of the District sharll be deemecl to bc
a material breach of this Contract.
12. PRIOI{ RESOLUTION: Tlre water service providt-d here'ttnder is expressly
subject to that certain Resolution passed by the Board of Directors of the District on
Septenrber 25,7g7g, ancl all anrendments thereto, as the same exists uPon the date of this
application and allotment Contract.
13. NO FEE TITLE; It is r.rnderstood and agreed that notlrirrg herein shallgive the
Ap;rlicant arry equitable or legal fee title interest or ownership in or to any of the water or
water rights of the District, but that Applicarrt is entitled to the right to trse the rvater right
allotted hereunder, subject to the linritations, obligations ancl corrditions of this Contract.
14.
Applicant shall comply with Section.l04 of tlre Clean Watcr Act and cousult with the Army
Corps of Engineers to complete any Sectiorr 404 compliarrce that may lre recluired as a result
of tlre constrtrctiotr of any facilitic's necessary to use cotrtract wat('r.
lS. CONSERVATION PRACTICES: Applicant shall inrplement and use
comnronly acceptecl conservation practices with rt-spect to tlre water and water rights
allotted hereunder and sh.rllbe bound by any cotrservation plan hereafter adoptcd Lrv the
District, as the same may be anrendt'tl from time to tinre.
16. WEI-L PERMIT: If Aprplicant intends tc'r divert through a well, then Ap;rlicant
must provide to District a copy of Applic'ant's valid well pernrit Lrefore the District is
obligated to cleliver any water hereuncier, and it is the Applicant's contirruous duty to
nraintairravalidwellpernrit.Applicarrtslrallalsocornp.llywitlrallrestrictionsarrd
linritations set fortlr irr the well permit obtained fronr the Colorar,lo Divisiorr of Water
Resources. Applicant must corrpty with the well-spacing recluirements set forth in C'R'S.
S37,g0-137, as anrended, if applicable. Coni;rti6p6e n,ith sairi startutory well-spacing criteria
shall be an express conrlition of the extension of sen,ice lrereunder, atrd the District shall in
no way be liable for an Applicant's [ailurc to cornp-rly, Apprlicarrt agrees to lnark the well in
{r conspicuous place with the pernrit nltllber.
17. MEASURING DEVICE OR METER: Apprlicant agrces to provide, at its own
expense, a totalizing flow nreter with remote readout to cotrtinuor-rsly and accttrately
n.reasure at all tinres all water clivertecl pursuant to the terms of Applicant's watet'right and
tlretermsof tlrisContract. C)norbefore'Novenrber l5of eachye.rr, Aprplicantwillprovidc
accurate readilgs from suclr device or nreter (rt'corded on;r monthlv basis for the preriocl
Novembe1 1 througlr Octobc,r 30 of eaclr year) to District, the' Division Engineer atrtl Water
Commissit>ner. Applicarrt acknowleclges that [ailure to cornply with this paragraph coult'l
result ip legal rrction to terminate Applicant's diversion of w.rter by tlre State of Colorado
Division of Water Resources. By signing tlris Contract, Applicant herelry specifically allows
District, t[rough its authr:rized agent, to enter upon Applicatlt's property during ordinarl'
business hotrrs for the purposes of deternrining Applicant's trctual use of water,
CONTRACT TERMINATIOIN :
Termination bv District:
1. The District rnay terminate this Contract for any violation or
breach of the terms of this Contract by Apprligant' or Applicarrt's
breaclr of any other contract witlr the District'
2. The District may terminate this Contract if, in its discretion, ally
judicial or administrative proceedings initiated by Applicant threatetr
the District's atttlrority to contract for delivery or use of tlre District's
water rights, or tlrreaterl the District's prerrnits, water rigl"rts, or other
interests of tlre District.
Termination by Applictrrrt:
1. Applicant m.'ly terntin.rte this Ccurtract in its entirety for any
reason by rrotifying tl're District in lvriting of the ternrination on or
Lreforg- April l. Notice by said date will prevent the Applir--ant's
liability for the trext annual contract chirrge.
lg. RECOIIpINC- QF MEMORANDUM: In lieu of rr.cording tlris Wate'r
Allotnrent Contract, a Memorandurn of W.lter Allotrnent Contract rvill be recordecl witlr
18.
A"
B.
the Garfield County Clerk and Recorder's Office. The costs of recording the Memorandunr
shall be paid by Applicant.
APPTICANT:
ASPEN POLOPARTNERS LLP,
Marc C.Managing Partner
Aoolicant's Addrcss:
715 West Main Street
Aspery CO 81511
Telephone No.: (970) 948-6523 (Craig Corona)
STATE Or 6tor iAr )
couNrY o&IomarJ.i "'
Subscribed and sworn to before me this 5it auy or O Pr . \ . zora
by Marc C. Ganzi as Managing Partner of Aspen Polo Partners, LLP, a Colorado limited
liability partnership.
WITNESS my hand and official seal.
My commission expires:jln ,\o.l).', ,..
AllUt}O(A fncrrtn
trff COr'illEeloil ; FFg235Oe
E (PRES Ocbba Or. 3ttg
Notary Public
EXHIBIT A
LEGAL DESCRIPTION - ZONE 2
The lancl referred to irr this Cotrrnr-itmetrt is clescriLred ;rs frlllows:
A tract 6f land situatecl in Lots 8, c), and 10 of Sectiorr 31 and in Lots 5 arrd l3 of Scction 32, all in
Township 7 South, Range 87 West of the 5'r' Principal Meridian, Carfield County, Colorado,
lying Southerly of antt acljacent to the Southerly right of rvay line o[ OId State Highrva-v 82 and
being rlore particularly clescribed trs follows:
Beginning at a point on said Southerly right of way lirte whence a stotte foutrci in place for the
witness col'ner to the Northeast corner of said sectiolr 3l bears N 26 degrees 00' 43" E 1433'52
feet; ttrence S 79 cleg:ees Stl' 52" E 2125.37 fuet along said Southerly right of way lint' to the
N6rthwest cornrlr of a parcel of larrd descriLred irr Book 1013 at Pag,e 423 of tlre records of tlre
Carfield County Clerk and Recorder; thence along the Westerly boundary line of said parcel
on the followirrg two (2) courses: S 04 degrees 55'00" W 461.90 feet; thetrce S 01 degrees 00'
00" E 861,25 feet to a point on the Northerly right of way line of the Roarirrg Fork Transit
Autlrority Railroacl right of way; thence 169.57 feet alorrg said Northerly taiJroad right of wav
line on the arc of a 1565.69 foot raclius cure to ttre left, the chord of rvhich bears S 54 degrees
32' 43'W 169.19 feet to a point on the Southerly boundary line of said Lot 13; therrce N 89
degr.ees 54' 74" W 651.37 feet along tl're Soulherly Lrounclary litre ol' said Lot l3 to tlre Northeast
corner of said Lot l0; thence S 00 degnees 70' 37" E 354.80 feet along the Easterly boundarY lirre
of said Lot 10 to a point in the center of the Roaring Fork River; thetrcc along tlre center of said
Roaring Fork River on tlre following seven (7) courses: S fl6 deglees 53' 04" W 294.14 feeti
thence S 85 degrees 3?'23" W 117.50 fee! thence S 78 degrees 29'25" W l23.94feet; tlrence S 89
degrees 17' 47" W 118.54 fee! thence S 67 deg ee s 42' 27" W 386.40 feeU thence S 62 degrees
48' 18" W 124.67 feet; t[ence S 57 degees 58' ;12" W 235.29 feet to a point orr the Easterly
boundary line of Blue Creek Ranch recorcled as l{eception No. 623535 in the records oi the
Garfield Courrty Clerk and Recorderi thence along the Easterly L'roundary Iine of said Blue
Creek Ranch on tl're following three (3) courses: N 00 degrees 10' 37" W 736.6t1 [eet; thence N
89 clegrees 54' 14" W 23'1.46 fee| thence N 00 degrees 02' 13" W 1677.9t) [ec't to the Southwest
corner of a p'r6r6sl of land describecl in Book 333 at Page 51 I of the Garfield County records;
thence S 79 depees 52' 72" E 278.00 feet along the Southetly Lrourrdary line of the parcel
describecl in said Book 333 at Page 511 to the Southeast coruer of said parcel; thence N 00
degrees 02' 13" W 156.69 feet along the Easterly boundary linc of said parcel to the point of
begirrning Carfield County, Colorado.
,vater user Lrm Poao Putffi LLP
AnalYsas Date )ecember 14. 2017
Dislrid Are:A
rc serias:4
|la(imsm Oernard 30 0-067
(GPMI (CFS}
RASALT WATER CONSERVAI.ICV DISTRICT
WATER REQUIREMENTS
(acre tuet)
-Zoae2-
Ud'rth
Tot8l Demsnd Cor€umptrc Us.
(14)
Source ot
ArrrRmL*
(r) (2) (3) {4} (s) (6}
Oom€Cb Comm Green Pond
ln-horrse Cenler Hqrse Evag Ho,ses TOTAL
(6) (9) (10) (1r) (12) .{r3'
Domesta Comm. C{een Pood
ln-hBe ?6t* h'@ Fea l{e lflf l
Jaftil€,t!
Feuuary
Marcrr
Apnl
Mav
June
JUV
Augrjsl
Septcmber
ffiooer
l,lovcrnber
.39E
26s
.398
.353
.399
.353
.396
.398
353
398
353
398
0.014
0.0r2
0.01.1
0.013
0.0't 4
0_0r3
0.0t4
0.014
0.013
0.014
0.0't3
o.0'r4
o.(xlo
0.007
0.o08
0.007
0.008
0.007
0.{ro8
0.008
0 007
0.008
0 007
0.mE
o.0@
o.0q)
0.000
0.000
o.000
0.000
0.000
o.000
o oo0
0.000
0 000
o 000
0.fi,o
0.m0
0.0(D
0.000
0.000
0 000
0 000
0.000
0 000
0 000
00oo
0 fih?
l/at9
l.&2
trt9
t.37atrl9
t.37a
trte
t.4t9
t.37/t
l.{t9
t,3fa
t.tllg
0.210
o.1 89
0.210
0.203
0.210
0.203
0.210
0.210
o.203
0.210
o.203
o.2r0
0.002
0.002
0.(x)2
0 002
0.002
0.002
0m2
0.@2
0.002
0 002
o.oo2
0.002
0 008
0.007
o o08
0 007
0.008
0.007
0.008
o.oo8
o o07
o oo8
o oo7
0.00€
0.000
0.000
o.000
0 000
0.000
0 000
0mo
o 0(]0
0 000
0 000
0 000
0 000
0.0(}0
0 0()0
0.0@
0.ofi)
0"0110
0w0
0@0
0@0
0 000
o fi)o
0 000
0 0,00
9J''I
0rr8
orat
0.23/f
o.2at
0.234
o-211
o.&rt
o-2ir4
02ato.fl.Iral
(,naM
GNM
GtlM
GlrlM
GNM
GNM
GNM
GNM
GNM
GNM
GNM
GI{M
rnTAt Q -)16.454 o.tEo O O9,0 o 000 0 (xlo t6.7t3 2 470 0 024 0 090 00@ 0 000 2.tar
Assumdffrs rA<
ring Fort RiYe?
orm Depletions
r *rl(s)
delayed etlecu
(1),IUMBER OF RESIDENCES 42o EQRS
lgersongregdence 3 5
tullG/Ecm/dev lm
g of Luestock CD 1 1 oatYday O
ral 96 CU tor Oomeslircommercial 15
(2):omftrunrty Center 0.0oo
\ver3g€ usa rs 50 users pcr day o,r w€ekends @ 10 gpcx,
(10))6 Green House Efficiercy l0O
(3)3re€n House = E0 9pd {1 1)Pond E\apo6lion t00
1 C(} percefit consumpti\re
(d),ond Evagora:on {11):levatEn ('eel) 6320
lndudes Loss
'10?c from Green Mln
ORDER GRANTINC API'LICATION ITOIT ALLO'|MINT CONTRACT
ASI'EN POLO PARTNERS, LLP
CONTRACT NO. 702
Application havirrg bccn nrade try or r,rn behalf of ASI']EN POLO PARTNERS, LLI', a
Coloraclo Iinrited lierbilitl,partrrcrship ("Aprplicant") and hearing otr said Aprplicatiorr having becn
duly lreld, it is hereby ordered that said Applicatiorr be grantecl and that thr- arttachcr.l Watcr
Allcltment Colrtract for 0.t167 cubic l'r.t,t of wirtcr pr.r secorrcl frotn tlrc District's c]ire'ct flow rights arrd
2.9 acre feet pr(.r ycar r.rf storag,e/atrgrnent.rtit-rrr water olt,rted or cotrtrttlled hy thc District is hcreby
approved arrcl execu tccl by ;1116 on behalf of the B.rsalt Watcr Corrsurvrtttcy District, tor tlie lrcrrt'ficial
use ttf tlrr-. rvater allottcd in thc. att"rcltr-.d Corrtract, upron the tcrrrts, cotrclitions ancl nranlrt'r trf
paynrtnt irs therein specified irnd subject to tlrc" following spccific conr{itiolts:
1. The, Applicant has trcknowtr-.dgcd that the. liruci to Lre L'reneiited Lry the attacht'cl
C6ntract is dcscrilrr.d gn Exhibit A attachecl lrercto and incorp'ror.rted herein lry this reference.
2. ln the event oi tht- divisitrn of tlre. propcrty servcd bv tlris Contracl into two or l]'l()re
prarcels owned by diffc'rent pL\rso,ts, tl're Applicarrl shall establisl'r ir Iklnreowtrers Assttciatitlrr ttr
other entity acceptaLrle to tlre District for the ttng,r'ring, paYntr:trt of c-'harges due ttnder thc aprprrovecl
Contract fnllorvirrg subdivision of the property. The Apprlicant shall g,ive notice to purchascrs of all
or any part of the subiect property of thc obligation of this Contract, ancl shall recorcl such ttotict' in
the records of the Clerk and Rccorr.ler of Carfield Cotrnty, Coloraclo. Applicant and his strcccssors
and a,ssigns shall comprty witlr all rules arrd rcgulatiorrs uol r.'xistirrg or hercaftet' .rdo;rtet-l by tlrc
District, inclr,rdirrg enforcing, praynrent of cliarg,cs duc utrclc'r tlrr- apprloved Contr.rct Lry present arrd
future ownL.rs rrf all or any part t'rf tlre rcal proF)crty servecl ttnder tlris Contract.
3. Arry allotment of less than 1.0 acrt'foot of storitBc tvrttt'r itr l'ar;rgraprlr I ol the
attachcd Cotrtract shalt be dc,emetl 1.0 acrc. fotlt for prrrposrts trf establishirrg the atlt'tltal water
service c'harge for such water allotnrcnt.
it. Thc Applicarrt shall provide the District p'rroof thot thc proposr'd land usc o[ the lanc-l
to be Lrcnefitcci by the watet'allotted lrcreunclt'r has Lrecn approvccl lry tlre' ;rpplicablc- g,ovc'rntnental
authorities having jurisdiction over such land trst., includirrg L.viLlL'rl(:c s.ltislact(rr)I to tlre District tlrat
each lut or parcel to bc lre'rrefitcd hcrcuncic'r is lcgirlly sul:dividecl.
5. Any well pelmits issuecl orr tlre basis of thi.s Allotrnt'trt Cotrtract shall be aprprliscl fr,
and issuccl in the natne of thc'Applicant.
6. Flowr.ver, by acccp:tance of this Contract, Applicarrt ;rcknowlec'lges that it shall be
responsiblc ior any adiudicatiorr ol' the water right associatctl rvith tlte Applicirrrt's porrci. The
Contract allots storagc'/augnrentatior-r n,ater crf thc District to.rtrgrlcnt evaPorativc losses fronr thc'
surface area of the pond, but thc Apprlicant ackrrowlcciges that the District rvill not be respotrsible
fpr adjtrdicatirrg, a watcr riglrt or priority tiate l'or tlre portd irr arry frtture wate'r rights plarr tlf
augmerrtatign filcd by thc District. Irr its sole discre tion, thc Di.strict nray include the altgmt'ntatiot't
pf the evaporative tosses fronr tfic poncl ip a tuture augnrcntatiut-t p'rln11 filirrg (as alrove tlc'scribetl),
Lrut orrly af ter the Applicarrt provirles tht, District tryith a tlecrt'e of ct'rltrt rvhich adjtrdicates the watcr
right and ;rriority associattd witlr ttrc poncl. In thc cvr.nt that tht'District itrclucles the augmcntatiotr
6f the evaporative losses in a future aug,mcntatiotr plan filing, tlre Applicant shall pay the District's
costs associatecl with the plan (as above r'-lescriber-l).
7. This Contract is conclitiolle(l upoll arrcl watcr rnav bc dellivercd hereunder otlly itr
conformity with a watrrr rights plan of auglttc.ntation dccrce'd by the Watcr Court o[ Water Divisir-ttt
No.5. Any a64 all conclitions irnposccl uporr llre rclcasc.rttel c]ivcrsiotr of tlre rvatc'r allotted
he.reundr.r in thc. clecree of said Watcr Court slrall bc incorproratcd lrcreitr as a condition of aprproval
of this Colrtract. Granting of this Allotment Contract does trot corrstitute the District's
representatiorr that the Aprplicant will receive a lvell pernrit t'rr wate'r rights de'cre'c for the larrd to bt'
benefited hereby.
8. If Applicant interrds to divert rvater throrrgh a well or tvells. Applicarrt shall proviclc-
the District a copy of Applicant's valid well permit for each suclr well tretbre the District is olrligatc'd
to rleliver water tirr the bcnefit of Applicant hereunder. Applicarrt rtrust cotnply with thc well-
spacing requirements set forth in C.ll.S. $ 37-90-137, as an'lended, if applica[:lc. Cornplianr.:c wit]r
saicl statutory welt-spacing criteria shall br. an cxprcss conditiotl of the extcrtsion of scrvicc'
6ereuldcr, and the District shall in no rvav L.lr'liabk' for atr Applicarrt's failrrre to comply.
Approved this l1J*day of Fc'bruary, 2018.
BASALT WATER CONSERVA NCY DIS ITICT
Secretary to tlre Meetin6,
-?-
EXHIBIT A
LEGAL DESCRIPTION - ZONE 2
The lanrl referrerl to in this Committnent is desclibecl as follows:
A tract 6f land situated in Lots 8, 9, and 10 of Sectiou 31 arrd in Lots 5 and l3 of St-'ctiotr 32, all in
Torvnship 7 Soutlr, Range 87 West of the 6rr' Principal Medclian, Gartielcl Coutrty, Colorado,
lying Southerly ot arrd adiacent to the Southerly riglrt of wav litte of Old State I-lighway 82 and
being more particularly described as follorvs:
Beginning at a poirrt orr said Southerly right of r,r'ay line wltettce a stotte found in plat'e for tlre
rvitness corner to the Northeast corner of said section 3l bt'ars N 26 degrees 00' 43" E 1433.52
feet; thence S 79 degrees 58' .52" 8 21?5.37 feet along said Southerly right of wav line to the
Northwest corner of a parccl ol' land desc'rilred in Book .1013 .rt Pagc -123 of the records of tlre
Carfield County Clerk anc-l Recorder; tlrence along the Wr-stu'rly lroundary line of sirid ptrrcel
on the followirrg two (2) courses: S 04 degrees 55't10" W 461.90 fer't; tltetrcc'S 01 degrees t)0'
00" E 861.25 feet to a Point on the Northerly right of way line c-rf the Roaring Fork Transit
Atrtlrority Railroad right of way; thence 169.57 feet along said Northerly rai,lrttad right of way
line on tfte arc of a 1565.69 foot radius curve to the le'ft, the chrtrd of which Lrears S 54 degees
32' 43" W 169.49 feet to a point nn the Southerly boundary line of said Ltrt 13; thence N 89
degrees 54' 14" W 651.37 feet along the Southerly boundary line of saicl Lot 13 to the Northeast
corner of said L6t 10; thence S 00 degrees 70' 37" E 354.tt0 feet along the Easterly lroundary line
of said Lot 10 to a point in the center of the Roaring Fork ltiver; thettce along tlte center of said
Roaring Fr:rk Rivcr on the follon ing seven (7) corrrses: S 86 degrces 53' 04" W 294.11 feet;
thence S 85 clegrees 32' 23" W I17.60 feet; thence S 78 dep'ees 29' 25" W 123.94 feeU thence S 89
degrees 17' 47' W 118.54 fee} thence S 67 l{egree s 12' 27" W 38(:..}0 fcet; thence S 62 degrees
48' 18" W 124.6? feef thence S 57 degrees 58' 42" W 235,29 feet to a point on the Easterly
boundary line of Blue Creek llarrch recordtrd as Reception No. ir23535 in the records of the
Garfield Courrtv Clerk and ltecorder; thence alorrg tlre Easterly bttunclary line erf said Blue
Creek Ranch on the following thre.e (3)courses: N 00 degleesT0'37" W 736.64 feet; tlterrce N
89 degrees 54' 14" W 231.46 feet; thence N 00 deg'c.c's 0?' 13" W 1677.90 feet to the Southwest
corner of a parcel of land described in Book 333 at Page 511 of the Garfield County records;
therrce S 79 degrees 52' 12" E 27t1.00 feet along the. Southct{y boundary line of the pral6sl
descriL,ed irr said Book 333 at Page 511 to tlre Southeast cot'nt)r of said parcel; thence N L)0
degrees 0Z' 13' W 156.69 feet along the Easterly trounda6, line of said parcel tct tlre point of
beginning Garfielcl County, Cttlorado.
CORONA
wA'l'Elt t^w
Craig V. Corona, Esq.
420 E. Main St., Ste.2l0B
Aspen, CO 816l I
(970) e48-6s23
cc@crai gcoronalarv.conr
Via E-Mail
August 14,2018
David Pesnichak, AICP
Garfield County Community Development
108 8th St., Suite 401
Glenwood Springs, CO 81601
dpesn i chak(r? garflel d-cou rrt)'.conr
Re: Aspen Valley Polo Club / Adequate Water Supply
Dear David,
This letter is in regard to the conditions included in the Resolution of Approval for a Substantial
Amendment to the TCI Lane Ranch PUD, Resolution No.20l8-10, dated March 12,2018 (the
"Resolution"). The Resolution requires Aspen Valley Polo Club ("Applicant") to provide "final
approved copies of the well permit and Basalt Water Conservancy District augmentation plan"
prior to obtaining any building permits for the project.
Applicant previously provided copies of final approved well permit no. 82161-F and Applicant's
Basalt Water Conservancy District water allotment contract no. 701. The application for PUD
amendment requested approval for a maximum of 12 residential units in Zone I of the
development. Well permit 82161-F and the Basalt District contract provide a legal water supply
for only 1 1 residential units in Zone 1 because Applicant, at this time, only plans to construct I I
residential units. However, we understand that building permits will not be issued until Applicant
documents that it has obtained a legal water supply allowing use in the full l2 units.
As proof that Applicant owns a legal water supply for the l2th residential unit, Applicant submits
Applicant's additional well permit no. 42875 (Exhibit A) which allows domestic use in one single
family dwelling. This permit is for the well that existed on the property when Applicant purchased
it (the "Old Well"). The Old Well does not require an augmentation plan since it was originally
permitted prior to 1971. Pursuant to Colorado Revised Statutes. S 37-q2-602(l)(e), pre-1971
permitted wells are exempt from administration for their historical uses. The Old Well historically
served one single family residentialunit. Applicant, therefore, is permitted to use the Old Well to
serve one residential unit and the new well (permit 82 I 61) to serve the other eleven units.
Mr. David Pesnichak
Garfield County Community Development
To demonstrate physical supply, Applicant had the Old Well pump-tested and includes the pump
test report with ihis letter as Exhibit B. The report indicates the well can produce up to 20 gpm
which is more than sufficient for one residential unit. Also attached with this letter (Exhibit C) are
the water quality reports for the Old Well. The initial water quality report from Bob Donnelly of
Pinnacle Water, Inc. indicates that the water meets primary drinking water standards. Eric
Mangeot, P.E. of Resource Engineering provided a supplement report indicating that the gross beta
resuli for radionuclides also rneets primary standards. Based on these reports, the water from the
Old Well meets all primary drinking water standards.
Applicant's well permit no. 82161-F, Basalt District contract, and well permit no' 42875 provide
a full legal water supply for the l2 residential units planned for Zone L With this, we anticipate
the conditions regarding legal water supply for Zone I development have been met. Please don't
hesitate to contact me if you have any further questions or require additional information.
Sincerely,
Craig V. Corona
cc: Kelly Cave, Esq.
Mr. David Pesnichak
Mr. Jon Fredericks
Mr. Peter Rizzo
WELL PERI,iIT NUMBER 42875.
RECEIPT NUMBER 9114080
oR|GTNAL PERMTT APPLICANT(S) APPROVED WELL LOCATION
oScAR cERtsE Water Division: 5 Water District: 38
Designated Basin: N/A
ManagementDistrict: N/A
County: GARFIELD
Parcel Name: N/A
PhysicalAddress: N/A
SE 1/4 NE 1/4 Section 31 Township 7.0 S Range 87.0 W Sixth P.M.
UTM COORDINATES (Meters. Zone:13. NAD83)
Easting: 315512.0 Northing: 4363918.0
sofapprovalandadditionaldetails.Theoriginalpermitfilecan
the Well Permit Search Toolat www.water.state.co.us
Date lssued: 9/2/'1970
Expiration Date: N/A
lssued By
PER\ lT HISTORY
06-29-2018 PERMITAMENDMENT(LOCATION)
06-29-2018 CHANGE IN OWNER NAME/MAILING ADDRESS. CHANGED TO ASPEN POLO PARTNERS LLP
(coRoNA, cRArG V.)
Printed 06-29-2018 For questions about this permit catl 303.866.3581 or go to www.water.state.co.us Page I of 1
,,RJ-5-6:i DtvtstoN oF wArER REsouRcEs, DEPARTMENT oF NATuRAL REsouRcEs n E ffi F Isll$ i:i,.- l0l Cotumbinc Btds., 1845 Sr,.rr."-y'""i,';;^;', coto,oao gOZOe [l1l*''''':ii-riii'ij:[$
= A pERmrf,lKuse GRouND wArER SEPZ 1970---
ffi^ A pERHtr ro:coltstRucT A wELL 'l; '.:in WAT8 ryl
APPLICATION FARI D REPLACEHENT FOR NO.
-
;JLOTilMr*/ A PERl4lT T0 lNsrALL A PUMP 'ilU5tl31f,
,= OTHER
IE.!.Ilr 0R rYl! L0c4Il9N 9F WELL
?1 o .<i *, -. -. couNTY &t t , -AppLrcANT dl.,oR.r;*, -. -. c'uNTy 4rt, -
city & state fu*hndo* . Wo.
use of ground water -- -)oa.*#.-
Street Address
0wner of land on which well
is located
0wner of irrigate
land - - ...,
Number of acres
to be irrigated . ,.
Legal descriPtion of
i rr i gated I and
Other water rights on
this land
€n *, or ,n" A),W *, sec. 3A
T.
-,
Street or
Lot & Block
City or
Subd i v.
/04(?'- P.t't.
Fi ling
Ground Water Basin
Water l'lanagement
District
Dri I ler
Drillerrs
Add ress
COND I T I ONS OF.APT.ROYAI-
R.
T::". (',1t,,,r@E;"ff.
Storage capaci tY
rrom jl rt.
teta
rc 5'o tr.
to ft.
to 4-, r t.
to ft.
*2,,.
to ft.
ft.
Cas i nq:
Plain / i". f ron -1[ f t.
-r in. from ft.
perf . / in. f ,o^ .fr tr.( in. frorn ft.
0utlet
S ize ,/
ANT lC TPATED PUI4P I NG RATE - ,/o epn
AVERAGE ANNUAL AMOUNT OF GROUND I'ATER TO
Ac re- fee tBE APPROPRIATED
ESTIHATED WELL DATA
Anticipated start of drilling l9-{O
Anticipated start of use
Hole D,! amete.!":
tn.
ln.f rorn
APPL]CATION APPROVED:
VALIO FOR ONE (I) YEAR AFTER DATE ISSUED
UNLESS EXTENDED FOR GOOD CAUSE SHOT^'N TO
THE ISSUING AGENCY
428?5 coNDtrt 1NAL t -IPER},I IT NO.
OATE I SSUED
ESTII4ATED PUMP DATA
-
APPLICATION HUST BE COMPLETED SATISFACTORILY BEFORE AqCEPIANqE (ovEn)
J) rV, ';
Form No.
GWS-42
0812016
COLORADO DIVISION OF WATER RESOURCES
DEPARTMENT OF NATURAL RESOURCES
1313 Sherman St., Ste 821, Denver CO 80203
(303) 866-3581
dwrnermitsonline/Dstate cn us
For Otfice Use Only
RECEIVET)
JUN 2 9 2OIB
*ffi*tff8,,VggF'APPLIGATION FOR WELL LOCATION AMENDMENT
PRIORTO COMPLETING THIS FORM, SEE INSTRUCTIONS ON REVERSE SIDE
INCOMPLETE, POOR QUALITY, OR ILLEGIBLE FORMS CANNOT BE PROCESSED AI.ID WILL BE RETURNED
Name, address and ohone number of well owner:
Name(s): Aspen Polo Partners LLP
Mailing Address: 715 West Main
City, St. Zip:Asoen. CO 8161 1
Phone: (970 ) -919--gq?9- Email:
Location Amendment requested for:
p ExempUsmall capacity well permitted, registered, or lirst used prior to May 8, 1972, OR non-exempt well permltted prior to May 17, 1965,
or registered pursuant to Seclion 37-90-139 - NO FEE REQUIRED (see instructions on reverse side).
ff Exempt well permitted on or after May 8, 1972, OR non-exempt well permitted on or afler May 17, 1965 - FEE REQUIRED
(see instructions on reverse side).
WettPermit Number: 42875 Receipt Number;9113999
AMENDED WELL LOCATION: County: Garfield Owne/s Well Designation (optional):
CO16411 Hvw 82 Carbondale 81623
Street Address at Well Location State Zip
9E-uaoftheEl/4,sec. 31 ,Township7.0 nN.orEs., Range 87.0 nE.orEIw., Sixth
Distance from Section Lines: 1 .846 Ft. fiom E] N. or E s. Line, 1 0 Ft. from E e. or E w. tine,
Subdivision Name (if applicable):, Lot _, Block _, Filing/Unit
City
P.M
Optional: GPS well location lnformation in UTM format. The following GPS settings are required:
Format must be UTM. ! Zone '12 orB Zone 13. Units must be ln meters. Datum musl be NAD83. Unit must be set to true north.
Easting:3155'12 Norlhlng:4363918
The location of the existing well needs to be amended for the following reason(s): Attach appropriate documentation as necessary.
The wellwas drilled in a location other than that indicated on the permit.
The making of false statements herein constitutes perjury ln lhe second degree, which is punishable as a class 'l mlsdemeanor pursuant to
C,R.S, 244-10a(13Xa). I (we) clalm and say that I (we) (are) the owner(s) of the well described above, have read the statemenls herein,
know lhe oontents thereof, and stale lhat they are true to my (our) knowledge.
Please prlnt the Slgne/s Name & Title
Craio V. Corona
Date
6t28t18
Attornev for Asoen Polo Partners
Signature of DWR staff indicates approval of the amended well locatlon shown above pursuant to Policy Memorandum 93-1.
For Staff Use Only
M-(, . 2'"1" ttr
Date
i\,., a
Form No.
GWS-11
o8l2a16
COLORADO DIVISION OF WATER RESOURCES
DEPARTMENT OF NATUML RESOURCES
1313 Sherman St., Ste 821, Denver CO 80203
(30s) 866-3581
dwroermitsonline@state.co.us
For Office Use Only
RECEIVED
JUN 2 9 2OIB
HoTL[5io9,VFf,*
CHANGE IN OWNER NAME/MAILING ADDRESS
PRIORTO COMPLENNG THIS FORM, SEE INSTRUCTIONS ON REVERSE SIDE
INCOMPLETE, POOR QUALITY, OR ILLEGIBLE FORMS CANNOTBE PROCESSED AND WILL BE RETURNED
Name. address and phone number of person claimino ownershio of the well permit:
Name(s):Asoen Polo Partners LLP
Malling Address: 715 W Main St.
City, St. Zip:Asoen. CO 81611
Phone: (970 )-9t9--!!?9.Email: cc@cra igcoronalaw.com
Wetl Permit Number: 42875 Receipt Number: 91 14080 Case Number (optional):W-890
WELL LOCATION: County: Garfield Well Name or # (optional): Oscar Cerise Well No. 1
16411 Hwy 82 Carbondale co 81623
Street Address at Well Localion City
I Checf if well address ls same as owne/s mailing address
SE I/4 of the NE 1/4, sec, 31 , Township 7.0 n N. orE] s., Range
zip
87.0 nE.orpW., Sixth P.M.
Distance from Seclion Lines: !$4[- Ft. from I N. or I S. Line, 10 Ft. from f] e. or I W. tine.
Subdivision Name (if applicable):, Lot_, Block_, Filing/Unit
NOTE: lf changing/correcting the permitted location of a well, use Form No. GWS-42.
I (we) claim and say thal I am (we are) the owner(s) of the well permit described above, know the contents of lhe statements made herein,
and stale that they are true to my (our) knowledge. This filing is made pursuant to C.R.S. 37-90-'143.
Please pdnt lhe Signe/s Name & Title
CraioV. Corona
Date
6128118
/,/Attorney for Aspen Polo Partners
It is the responsibllity of lhe new owner of this well permit to complete and sign this form. lf an agent is signing or entering information, please
see instructions.
Please allow 4 to 6 weeks for processing of this form. Thereafter, you can view or print the accepted document at:
http://wwwdwr. state. co.usAA/ellPermitSearch
Signature of DWR staff lndicates acceptance as a Change in Owner Name and/or Mailing Address.
For Staff Use Only
L1 ,(t
Date
July 25,2018
Divide Creek Builders
l53l County Road 342
Silt, Co. 81652
ATTN: Max
On 6128118, a well test was conducted on the old well on the Polo Propertl'. The
following information u,as obtained ;
Well Depth --------- 30'
Casing Size--------- 6 112"
Standing water level- ----------- 9.07'
Total test time--------- 4 Hours
Drawdoua to - 12.8
Production is greater than--------- 20GPM
This test rvas conducted u,ith I Hp test pump. The well rvater ler.'el recovered back to
9.16 in 10 Minutes. If you have any questions please callme, Raun Samuelson at 970-
945-6309.
Sincerely:
Afl*
Raun E Samuelson
Samuelson Pump Co.
PO Box 297 , Glert'l'rcod Springs,CC 8]602. (97C)945-5309' Fox (970) 947-9448
Woter Syslems , So/es, Service & lnstotlcttton
You could give your PeoPlcMvatox
0
Pinnacle Water lnc., 1107 Hendrick Drive, Carbondale CO 81623 P: 970-963-2273 F'.970-963-0131
Aspe n : e7 o-e2 5- 1 o 1
3" y#;##? aT:.,, #ail3:3:r'#6,3i''
o -87 e -82e2
Date: 8-10-2018
Craig Corona - Attorney - 970-948-6523
Aspen Polo, 16411 Hwy 82, Carbondale, CO 81623
Water Analysis Review
The ACZ water analysis # L45318-01 , sampled on 7-2-18 was reviewed to determine if
the water source meets the Colorado Department of Public Health and Environment
(CDPHE) requirements for Domestic water use.'
All parameters tested meet CDPHE and EPA Primary Drinking water standards
which are legally enforceable standards that apply to public water systems. Primary
standards and treatment techniques protect public health by limiting the levels of
contaminants in drinking water. See link below for details on Primary Standards
'-a n d -d ri n k i n q-wate r/n ati o n a l-p rt m a rV:oI! nK! nll-Wa
requlations
Radionuclides
Cross rupn-a, nadium 226 + Radium 228 Combined, and Uranium results were all below
the EPA maximum contaminant levels
Beta particles are listed on the analysis in picocuries per liter (pCi/L), the EPA MCL is
listed in millirems lyear, therefore I am not able to determine if the Beta Particles meet
the EPA MCL.
To my knowledge, there is not an EPA MCL for Radon in Water
See attached Radionuclide Reference Guide
ln addition to Primary Standards, the EPA has established National Secondary
Drinking Water Regulations (NSDWRs) that set non-mandatory water quality standards
for 15 contaminants. EPA does not enforce these "secondary maximum contaminant
levels" (SMCLs). They are established as guidelines to assist public water systems in
managing their drinking water for aesthetic considerations, such as taste, color, and
odor. These contaminants are not considered to present a risk to human health at the
SMCL.
There are three parameters that did not meet the EPA secondary standards:
TDS (Total Dissolved Solids): 616 mg/L the SMCL is 500 mg/L
Sulfate:
lron:
257 mglL the SMCL is 250 mg/L
2.82 mglL the SMCL is 0.3 mg/L
See link below for details on Secondary Standards
o uidance-nuisance-chemicals
All three of the above parameters that exceed the secondary standards can be treated
using standard water freatment processes. These treatment systems are either in stock
at our office in Carbondale, CO or can be ordered with a 1-2 week lead time.
For any additional water testing needs or treatment design services and system costs,
feel free to contact me at. 970-379-5265 or rdonnellv@pinnaclewater.com
Regards,
Bob Donnelly/Pres, Pinnacle Water !nc
Craiq Corona
From:
Sent:
To:
Subject:
Eric Mangeot <ericm@resource-eng.com>
Tuesday, August 14,2018 8:49 AM
Craig Corona
RE:Aspen Polo
Craig,
Resource analyzed the beta radionuclide results. The overall resultforthe beta suite is 1.2pCi/L. Accordingto an EPA's
guidance document, the result is less than 50 pCi/L and therefore is in compliance and no further analysis is required. As
such, the water qualityforthe subject well ls meets the beta radionuclide standard. Let me know if you need any
further clarification.
Best Regards,
Eric F. Mangeot, P.E.
Water Resources Engineer
(970) 945€777 Voice
(970) 94+1137 Facsimile
EEEHE RESOURCE
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Theinformationcontainedinthise-mait isPRlVtLEGEDANDCONFIDENT|ALinformationintendedonlyfortheuseoftheindividual orentitynamedabove. lfthe
reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that
dissemination,distribution,orcopyingofthiscommunicationisstrictlyprohibited. lfyouhavereceivedthiscommunicationinerror,pleaseimmediatelynotiry
us by telephone a nd delete the origina I messa ge from you r system. Tha nk You.
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43.1 Minimum Distances Between Components of an On-site Wastewater Treatment System and Physical Features
Table 7-l Minimum llorlzontal Distances in Feet Between Components of an On-Site Wastewater Treatment Sysbm lnstalled After
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Spring,
Well,'
Suction
Line
Potable
Water
Supply
Line
Potable
Water
Supply
Cistern
Dwelling
Occupied
Building
Property
Lines,
Piped or
Lined
lrrigation
Ditch
Subsurface
Drain,
lntermittent
lrrigation
Lateral,
Drywell,
Stormwater
lnfiltration
Structure
Lake,
Water
Course,
lrrigation
Ditch,
Stream,
Wetland
Dry
Gulch,
Cut
Bank, Fill
Area
(from
Crest)
Septic
Tank
Septic Tank, Higher Level
Treatment Unit, Dosing Tank,
Vault
502 102 25 5 10 10 50 10
Buildinq Sewer or Effluent Lines 502 102 252 0 102 102 502 102
STA Trench, STA Bed, Unlined
Sand Filter, Sub-surface
Disoersal Svstem. SeePage Pit
1oo3 252 2s 20 10 25 503 25 5
Lined Sand Filter 60 102 25 15 10 10 25 10 5
Lined Evapo-transpiration Field or
Outside of Berm of Lined
Wastewater Pond
60 102 25 15 10 '10 25 10 5
Unlined Sand Filter in SoilWith a
Percolation Rate Slower than 60
Minutes per lnch, Unlined or
Partially Lined Evapotrans-
piration System, Outside of Berm
of Unlined Wastewater Pond, or
System Not Relying on STA for
Treatment Other than Aerosol
100 252 25 15 10 25 25 15 10
39
Vault Privv 50 102 25 15 10 10 25 10
Slit Trench Latrine. Pit Privy 4 100 502 25 N/A 25 25 100 25 N/A
System Not Relying on STA for
Treatment and Utilizing Aerosol
Methods
1 003 102 50 125 10 0 253 10 10
43.7 Minimum Distances Between Components of an On-site Wastewater Treatment System and Physical Features
NOTE: The minimum distances shown above must be maintained betwesn the OWTS components and the features described. Where soil, geological or othe. conditions warrant,
or upgrading of existing OWTS where the size of lot precludes adherenca to these distances, a r€paired OWTS shall nol be closer to setback features than the existing OWTS, as
roviewed and approved by the local public heatth agency. Components that are not watedight should not extend into areas of the root system of nearby tre€s.
1 lncludes infiltration galleries permrtted as wells by the Division of Water Resour@E.
2 Crossings or encroachments may be permitted at the points as noted above provided that the water or wasteweter conveyance pipe is encased for the minimum g€tback
distance on each side of the crossing. A length of pipe shall be used with a minimum Schedule 40 rating of suflicient diameter to easily slide over and completely encase the
conveyancc. Rigid end caps of at least Schedule 40 rating must be glued or s€cured in a watertight fashion to the ends of the encasement pipe. A hole of sufficient size to
accommodate the pipe shall be drilled in the lowest soclion of the rigid cap so thal the conveyan@ pipe rests on the bottom of the encasement pipe. The area in which the pipe
passes through the end caps shall be sealed with an approved underground sealant compatibh with the pipirtg used.
3 Add eight feet additional distancE for each 100 gallons per day of design flows between 1,000 and 2,000 gallons p€r day, unless it can be demonstrated by a professional
distances required to minimize coniamination as part of th€ Divasion site application process.
4 New installations for pit privy and slit trenches not allowed.
:
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Aspen Valley Polo Club
June 21, 2018
OWTS Setbacks from Wells
Calculations based on Garfield Countv Onsite Wastewater Treatment Svstems Resulations:
North Septic Field- 1,638 gpd flow = 152'well setback
South Septic Field - 1,860 gpd flow = 159'well setback
East Septic Field - 2,000 gpd flow = 180' well setback
u
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Gulvert Report
Hydraflow Express Extension for Autodesk@ AutoCAD@ Civil 3D@ by Autodesk, lnc.Wednesday, Jun 20 2018
Circular Gulvert
lnvert Elev Dn (ft)
Pipe Length (ft)
Slope (%)
lnvert Elev Up (ft)
Rise (in)
Shape
Span (in)
No. Barrels
n-Value
Culvert Type
Culvert Entrance
Coeff. K,M,c,Y,k
Embankment
Top Elevation (ft)
Top Width (ft)
Crest Width (ft)
1.00
105.00
0.50
1.53
18.0
Circular
18.0
1
o.o12
Circular Corrugate Metal PiPe
Mitered to slope (C)
o.021, 1.33, 0.0463, 0.75,0.7
4.53
50.00
90.00
a0
-
HGL
Calculations
Qmin (cfs)
Qmax (cfs)
Tailwater Elev (ft)
Highlighted
Qtotal (cfs)
Qpipe (cfs)
Qovertop (cfs)
Veloc Dn (fUs)
Veloc Up (fus)
HGL Dn (ft)
HGL Up (ft)
Hw Elev (ft)
Hw/D (ft)
Flow Regime
3.07
4.00
Normal
3.07
3.07
0.00
4.05
4.O5
1.67
2.20
2.51
0.65
lnlet Control
Clr@lI Garlvan
-
Emb.n*
Channel Report
Hydraflow Express Extension for Autodesk@ AutoCAD@ Civil 3D@ by Autodesk, lnc.
<Name>
Monday, Jan 8 2018
Triangular
Side Slopes (z:1)
Total Depth (ft)
lnvert Elev (ft)
Slope (%)
N-Value
Calculations
Compute by:
Known Q (cfs)
Elev (ft)
3.00
2.50
2.OO
1.50
1.00
= 3.00, 3.00
= 1.00
= 1.00
= 0.50
= 0.025
Known Q
= 3.O7
Highlighted
Depth (ft)
Q (cfs)
Area (sqft)
Velocity (fUs)
Wetted Perim (ft)
Crit Depth, Yc (ft)
Top Width (ft)
EGL (ft)
= O.71
= 3.070
= 1.51
= 2.03
= 4.49
= 0.58
= 4.26
= 0.77
Section
4
Reach (ft)
Depth (ft)
2.00
1.50
1.00
0.50
0.00
\7
0.50 -0.50
Co/t*b
CORONA
WATER I.{W
Craig V. Corona, Esq.
420 E. Main St., Ste. 2l0B
Aspen, CO 81611
(e70) 948-6s23
cc !t r. raigtoronala\\.coltt
May 22,2018
David Pesnichak, AICP
Garfield County Community Development
108 8th st., Suite 401
Glenwood Springs, CO 81601
Re: Aspen Polo Partners, LLP PUD Substantial Amendment
Dear David,
This letter is on behalf of Aspen Polo Partners, LLP ("APP") to address comments and
recommended conditions contained in an e-mail from Chris Hale to you dated January 10,2018.
That e-mail was in response to a letter from me to you of the same date. In Mr. Hale's e-mail, the
comments below are made regarding water for fire protection.
Background.
Aspen Polo Partners will construct ponds to be filled with water from the Basin Ditch. These
ponds will serve as "forebays" for irrigation on Zone 1. The water stored in the ponds will also be
available for fire protection. As per my letter of January 10,2018, Basin Ditch water may be
stored in the ponds during times when there is no call on the river ("free river").
Comment: Does the irrigation water have an allowed use for evaporative losses?
Response: The inigation water may be stored in the ponds during free river. This stored
water may be used for fire protection at any time whether there is a call on the river or not.
Any losses to evaporation will be replaced, even during times of a senior call, because
those amounts are covered by Aspen Polo Partners' Basalt District water allotment
contract. Thus, Aspen Polo Partners can legally replace all evaporative depletions.
Comment: And the amount of fire protection water that is needed is still undetermined (as far as
I know).
Response: Aspen Polo Partners' engineers are working to confirm the required fire flow.
David Pesnichak, AICP
Garfield County Community Development
Comment: Will the water intake from the river be temporary or permanent?
Response: The headgate for the Basin Ditch is a perrnanent intake.
Comment: Will the losses from evaporation be replenished only during times when there is no
call on the river?
Response: Evaporation losses will be replaced even during calls on the river pursuant to
Aspen Polo Partners' Basalt District contract.
Comment: The fire flow volume would need to be preserved even in times of drought or when
the irrigation ditch isn't running.
Response: As noted in our letter of January 10, 2018, during the past fifty years, the Basin
Ditch has diverted 18 cfs on average. This period included numerous dry and drought
years, so water will be available during drought years.
At times when the Basin Ditch may be shut down for maintenance, Aspen Polo Partners
will irrigate from the Middle Ditch under its Middle Ditch water rights. The stored water
will remain in the ponds available for fire protection.
The Basin Ditch diverts from May through October. Evaporation depletions from
November through April (when the ditch is not diverting) are estimated to be 0.609 acre
feet. The ponds are designedfor 3.2 acre feet of storage, so the evaporation drawdown
when the Basin Ditch is not running will only be one-fifth of the total amount in storage.
As noted above, Aspen Polo Partners' engineers are working to evaluate the required fire
flow and will be able to respond to physical supply concerns. However, my understanding
is that there will be sufficient stored water regardless of the actual fire flow determination.
Even if the largest structure built in Zone I is 20,600 square feet, the required fire flow
would be 675,000 gallons, or 2.1 acre feet. Even after full evaporation through the non-
irrigation season, the ponds should still hold 2.591 acre feet which is more than enough for
a 20,600 square-foot bui lding.
We provide the above responses in an effort to fully address the County's concerns regarding legal
availability of fire protection water supply. If you have any other concerns or questions or require
any additional information, please don't hesitate to contact me.
Thank you very much,
Craig V. Corona
ROARIN G FO RK
ENGINEERING
June 21,2018
David Pesnichak, AICP
Garfield County Community Development
108 8tr St., Suite 401
Glenwood Springs, CO 81601
RE: Resolution No. 2018-10 Comment Responses - Aspen Valley Polo Club
Dear David,
Roaring Fork Engineering (RFE) is providing this information in response to the Conditions of
Approval in Resolution 2018-10; specifically Condition No.6.
Condition No. 6 - Irrigation Water for Fire Protection
o As indicated in Craig Corona's letter dated May 22,2018, water from the Basin Ditch
will be used to fill three onsite ponds for irrigation and fire storage. The largest
anticipated bam including any ADUs is 11,300 square feet and would be considered Type
V-B.
Both the 2009 and 2015 International Fire Code (lFC) require 2,750 gallons per minute
for two hours, or 330,000 gallons of storage for an 1 1,300 square foot building with Type
V-B construction.
The 2015 IFC allows for a75 percent reduction in fire flow if automatic sprinklers are
used with a minimum fire-flow rate of 1,000 gallons per minute. The flow duration would
remain two hours for a storage requirement of 120,000 gallons.
The worst case scenario for fire protection would be a winter fire, which requires more
conservative design criteria than evaporation losses. A winter scenario would include
approximately one foot of ice over the ponds and a reduction in storage capacity. A one
foot factor of safety was also used over the dry hydrant intakes in this scenario. When
both ofthese are taken into consideration the ponds still have 338,000 gallons ofstorage
available for fire flow.
RFE met with Bill Gavette of the Carbondale & Rural Fire Protection District to review
the proposed pond layout and all assumptions stated above.
If you have any questions please call me at (970) 948-7474.
Sincerely,
Roaring Fork Engineering, Inc.
tLw
Adam Racette, P.E
Cort-#V
June 16,2018
Adam Racette, PE
Roaring Fork Engineering
592 Highwayl33
Carbondale, CO 81623
RE: Aspen Valley Polo Club - Dry Hydrant Layout
Dear Adam,
I have reviewed the Dry Hydrant Layout drawing dated &t/19/2018. The proposed system
consists of three ponds with four dry fire hydrans. The proposed system is acceptabte.
Sincerelv.,$&fr*k
Bill Gavette
Deputy Chief
Carbondale & Rural Fire Protection District
300 Meadowood Drive o Carbondale, CO 81623 t 97O'963-2491 Fax 970-963-0569
FIRE.EMS.RESCUE
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16 oi 2q ieo Fei,it28.oo Doo Fee:0.00 Gnf,FIELD coLr{TY Co
7.6. Priclng
The average price for all Affordable Housing Units shall be dispersed over a range of the Area
Median lncome (AMl) levels for low and moderate income ftmilies as published annually by HUD for
Garfield County. Affurdable Housing Unlts shall be provided in the following 3 categories, In
accordance with the distribution described below:
fategory t. One (1) unit shallbe in Category l;
a. unit priced to 70% AMI;
b. Unit rented or sold to 80% AMI households or !ess;
Category ll. Two {2) units shall be in Gtegory ll;
a. Units priced to 90% AMI;
b. Units rented or sold to 100% AMI households or less;
Category lll. Two (2) units shall be in Category lll;
a. Units Priced to 110% AMl;
b. Units rented or sold to 120% AMI households or less.
7.7. Eligibillty
Eligibility for Affordable Housing Units will be determined by the Garfield County Housing Authority'
Eligible Households must be given priority for Affordable Housing Units, unless prohibited by
funding sourses (HUD, CHt& etc.). Households must meet all other requirements of the deed
restristion. The owner or manager of any Affordable Housing Unit must document how ellgibility
was confirmed and must keep a record of any documents supPorting the eligibility determination.
7.8. Provision of Affondable Housing Plan /Agreement
The Developer, at the time of any Pretiminary Plan application, shall provide a sufficiently detailed
Affordable Housing Plan to the County. The Affordable Housing Plan approved at Prelimlnary Plan
will become the "Affordable Housing Agreemenf between the County, the Applicant, and the
Garfield County Housing Authority (CCHA) or other Approved Affordable Housing Entity (AAHE),
which agreement will be adopted and recorded ln conjunctlon whh a Final Plat approval by the
Board of County Commissioners.
Aspen ValleY Polo Club
PllD Guide - Februory,2078
est#S
20
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orlt 1ltzora @9ri 6f 24 Rac*';' :Yi{'-ilE ;13 ; 81rfl ,"'E:: F*:6 : aB GARF I ELo couNrY co
5.2. Projections
Every part of a required setback shall be unobstructed from ground level to the sky except for
Projections as indicated in the following table:
u4*?
5.3. Wastewater Treatment
The following provision applies to all are
5.3.1. Wastewater Treatment Facil
At the time of necessary replacement or expansion of any existing On-Site Wastewater
Treatment System (OWTS), land uses supported by existing OWTS shall instead connect to an
onsite Wastewater Treatment Facility (WWTF), if such a facility is available within the PUD.
5.4. Landscape Standards
These Landscape Standards address criteria for all public areas of the PUD, including any public
rights-of-way, access easements, parks and trails.
5.4.1. Publlc Rights.of-Way or Access Easements
All public rights-of-way or access easements shall be properly landscaped to establish a cohesive
streetscape, as follows:
r Deciduous street trees shall be utilized as appropriate to define the streetscape and
provide visual harmony. Street trees in Zone District 1 shall be provided at consistent
spacing along roadways, no greater than 75 feet apart. Street trees in Zone District 2
shall be provided as appropriate at key nodes or intersections, and where they will not
conflict with future residential driveways.
r Evergreen trees and shrubs may be utilized at key nodes or intersections, or as
otherwise appropriate to establish massing, screening, or visual interest.
tupen Valley Polo Club
PIJD 6uide - February,2078
Fl$ulr*U*gg;++t:'I
m@M,,:,ry-'f-+,WT.fl .eErv@
Architectural Features (e.g- Cornice or sills)1 foot 1 foot l foot
Roof Eave 3 feet 3 feet 3 feet
At-Grade Uncovered Porch, Slab, Patio, Walk, Steps 8 feet 8 feet 20 feet
Flre Escape, Balcony (Not lJsed as Possogewoys)4 feet 2 feet 4 feet
Porch and Deck (tess Thon 30 lnches in Height)8 feet 5 feet 10 feet
Drivennys, Sidewalks, Vegetation no limit | -- limit no limit
11