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HomeMy WebLinkAbout1.0 ApplicationEDWARD MULHALL, JR. SCOTT BALCOMB LAWRENCE R. GREEN TIMOTHY A. THULSON DAVID C. HALLFORD CHRISTOPHER L. COYLE THOMAS J. HARTERT CHRISTOPHER L. GEIGER SARA M. DUNN DANIEL C. WENNOGLE SCOTT GROSSCUP JORDAN MAY VIA Hand Delivery BALCOMB & GREEN, P.C. ATTORNEYS AT LAW P.O. DRAWER 790 818 COLORADO AVENUE GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: 970.945.6546 FACSIMH.x:: 970.945.8902 www.balcombgreen.com August 2, 2007 Craig Richardson Garfield County Building and Planning 108 8th Street, Ste. 401 Glenwood Springs CO 81601 KENNETH BALCOMB 1920-2005 OF COUNSEL: JOHN A. THULSON Re: Exemption From the Definition of Subdivision Application, Ziegler Parcel Dear Craig: Under this cover I submit herewith for filing in your office the required executed Agreement for Payment form and the signature page for the above -referenced Application. Should you have any comments or questions regarding any of the above, please feel free to contact me at your convenience. Enclosures Very truly yours, BALCOMB & GREEN, P.C. GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and von Ziegler (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for Exemption from the Definition of Subdivision (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff: time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Signat Date: 51?(r77 Don Ziegler Print Name Mailing Address: 544 Traver Trail Glenwood Springs CO 81601 10/2004 Page 4 a plat of a conditionally approved exemption until all conditions of approval have been complied with. 9. The Applicant shall be required to submit a paper copy of the plat and proof that all the conditions of approval have been met to the Building and Planning Department at least twenty-one (21) days prior to the expiration of the 120 -day deadline required for signing the plat by the Board. This is to ensure timely Staff review of the materials submitted as well as proper scheduling the plat to be signed by the board. 10 Once all of the conditions, if any, have been satisfied, an Exemption Plat shall be presented to the Board for signature within 120 days of approval. The plat shall include a legal description of the exempted property, and Exemption Certificate, the County Surveyor's Certificate and a statement, if four (4) lots, parcels, or interest have been created on the parcel, that "NOTE: No further divisions by exemption from definition will be allowed." The plat shall be recorded with the County Clerk and Recorder no later than thirty (30) days after the Chairman's signature. The Chairman of the Board of County Commissioners shall not sign a plat of a conditionally approved exemption until all conditions of approval have been complied with. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. canal. ie dbplicant/owner) Last Revised: 2/2006 6 Wz/07 Date COLORADO RIVER ENGINEERING INCORPORATED P.O. Box 1301 Rifle, CO 81650 Tel 970-625-4933 Fax 970-625-4546 May 30, 2007 Mr. Tim Thulson, Esq. Balcomb & Green, P.C. PO Drawer 790 Glenwood Springs, CO 81602 RE: Job#712- Ziegler Exemption — Soils Dear Tim: Colorado River Engineering, Inc. has collected Soil Survey data . for the Ziegler Subdivision Exemption located along Highway 6 & 24 between Rifle and Silt. Attached is the NRCS soil map and summary printout for the area of interest. The subject property consists primarily of Soil Number 3 (Arvada loam) in the pastures located along the highway. Soil Number 34 (Ildefonso stony loam) is located along the northern hillside and terrace with the existing home. These soils are similar to those observed on other projects in this area of the county. These soils typically will not limit development but have clay contents that can affect the design of foundations and waste water treatment. We recommended that future development require foundation and ISDS design by a registered professional engineer. If you have any questions, please do not hesitate to call (970)-625-4933. Sincerely, Christopher Manera, P.E. CM:cm Soi IsThul son5-30-07.doc EXHIBIT F 268200 268300 SOIL SURVEY OF RIFLE AREA, COLORADO, PARTS OF GARFIELD AND MESA COUNTIES 268400 268500 o o r1 ' V COO O 268170 Ziegler Exemption 2681700 268800 268900 269100 2691100 269200 L... I V CO CO 1 1 1 268200 268300 268400 268500 268600 268700 268800 268900 269000 269100 269200 CO V O 0 co USDA Natural Resources Conservation Service Meters 0 45 90 180 Web Soil Survey 1.1 National Cooperative Soil Survey Feet 0 100 200 400 600 800 5/29/2007 Page 1 of 3 SOIL SURVEY OF RIFLE AREA, COLORADO, PARTS OF GARFIELD AND MESA COUNTIES MAP LEGEND Soil Map Units O Cities Detailed Counties Detailed States Interstate Highways Roads Rails Water -------- Hydrography Oceans 0000 Escarpment, bedrock VAVAVA,n Escarpment, non -bedrock Gulley minimum Levee Slope ✓ Blowout E Borrow Pit 0 Clay Spot • Depression, closed • Eroded Spot X Gravel Pit Gravelly Spot ▪ Gulley & Lava Flow g, Landfill • Marsh or Swamp © Miscellaneous Water v Rock Outcrop + Saline Spot Sandy Spot 3, Slide or Slip O Sinkhole % Sodic Spot 3 Spoil Area O Stony Spot fiery strn,p spU Ziegler Exemation MAP INFORMATION Source of Map: Natural Resources Conservation Service Web Soil Survey URL: http://websoilsurvey.nrcs.usda.gov Coordinate System: UTM Zone 13 Soil Survey Area: Rifle Area, Colorado, Parts of Garfield and Mesa Counties Spatial Version of Data: 1 Soil Map Compilation Scale: 1:24000 Map comprised of aerial images photographed on these dates: 1993 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. USDA Natural Resources nalltn Conservation Service ® Perennial Water ir Wet Spot Web Soil Survey 1.1 National Cooperative Soil Survey 5/29/2007 Page 2of3 Soil Survey of Rifle Area, Colorado, Parts of Garfield and Mesa Counties Ziegler Exemption Map Unit Legend Summary Rifle Area, Colorado, Parts of Garfield and Mesa Counties Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 3 34 Arvada loam, 1 to 6 percent 27.6 71.4 slopes Ildefonso stony loam, 25 to 45 11.1 28.6 percent slopes USDA Natural Resources ;a11111111 Conservation Service Web Soil Survey 1.1 5/29/2007 National Cooperative Soil Survey Page 3 of 3 10 SOIL SURVEY Included with this soil in mapping are small areas of Detra soils and Rock outcrop. These areas make up about 5 to 10 percent of the map unit. Permeability is moderately slow, and available water capacity is high. The effective rooting depth is 60 inches or more. Surface runoff is medium, and the erosion hazard is moderate. This soil is used mainly for wildlife habitat and limited grazing. The native vegetation on this soil is mainly Gambel oak, serviceberry, elk sedge, and bromes. When range condition deteriorates, forbs and woody shrubs increase. When the range is in poor condition, Kentucky bluegrass, undesirable weeds, and annual plants are abundant. Properly managing grazing main- tains and improves range condition. Mule deer, elk, cottontail rabbit, wild turkey, and blue grouse find habitat on this soil. Community development and sanitary facilities are lim- ited by steep slopes and low strength. This soil is in capability subclass Vile, nonirrigated. 2—Arle-Ansari-Rock outcrop complex, 12 to 65 percent slopes. This complex consists of strongly slop- ing to steep soils and Rock outcrop on mountainsides and sloping alluvial fans. Elevation ranges from 5,500 to 7,500 feet. The soils formed in alluvium derived from red -bed shale and sandstone. The average annual pre- cipitation is about 16 inches, the average annual air temperature is about 42 degrees F, and the average frost -free period is about 100 days. The Arle soil makes up about 45 percent of the com- plex, the Ansari soil makes up about 35 percent, and Rock outcrop makes up about 20 percent. The Arle soil is moderately deep and well drained. Typically, the surface layer is reddish brown very stony loam about 10 inches thick. The subsoil and substratum are reddish brown very stony loam about 22 inches thick. Soft reddish brown sandstone and shale are at a depth of 32 inches. Permeability of the Arle soil is moderate, and available water capacity is low. Effective rooting depth is about 20 to 40 inches. Surface runoff is medium, and the erosion hazard is severe. The Ansari soil is shallow and well drained. Typically, the surface layer is reddish brown loam about 10 inches thick. The substratum is reddish brown stony loam. Bed- rock is hard, reddish brown sandstone. Permeability of the Ansari soil is moderate, and availa- ble water capacity is low. Effective rooting depth is about 10 to 20 inches. Surface runoff is rapid, and the erosion hazard is severe. Rock outcrop is mainly red sandstone. This complex is used mainly for grazing and wildlife habitat. The native vegetation on the Arle soil is mainly wheat - grass, Indian ricegrass, mountainmahogany, and sage- brush. The native vegetation on the Ansari soil is mainly Indian ricegrass, wheatgrass, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Mule deer, rabbit, and grouse find habitat on these soils. Use of this complex for community development or as a source of construction material is limited mainly by depth to rock, steep slopes, thin layers of borrow materi- al, and large stones. Special design can overcome these limitations. Drainage and structures to control runoff from snowmelt reduce erosion around construction sites and roads. This complex is in capability subclass Vile, nonirrigat- ed. 3—Arvada loam, 1 to 6 percent slopes. This deep, well drained, sloping soil is on fans and high terraces (fig. 4). Elevation ranges from 5,100 to 6,200 feet. This soil formed in highly saline alluvium derived from sand- stone and shale. The average annual precipitation is about 12 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 120 days. Typically, the surface layer is strongly alkaline or very strongly alkaline, pale brown loam about 3 inches thick. The subsoil is brown silty clay loam about 14 inches thick. The substratum is light brown or brown silty clay loam to a depth of 60 inches. Included with this soil in mapping are small areas of Limon, Kim, Heldt, and Wann soils. Also included are some soils that are high in silt. Permeability is very slow, and available water capacity is moderate. Effective rooting depth is 60 inches or more. Organic matter content of the surface layer is low. Surface runoff is medium, and the erosion hazard is moderate. This soil is used mainly for wildlife habitat, limited grazing, and some irrigated farming. Irrigated crops produce very poorly because the soil takes water in very slowly and is droughty. Leaching is needed to remove excess salts if this soil is to be irrigat- ed. Soil amendments containing sulphur are helpful in leaching the salt. The native vegetation on this soil is mainly saltgrass, alkali sacaton, and greasewood. When range condition deteriorates, forbs and shrubs increase. Properly managing grazing maintains and im- proves range condition. Seeding improves range in poor condition. Western wheatgrass, alkali sacaton, and tali wheatgrass are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Irrigat- ing new seedings is necessary for successful establish- RIFLE AREA, COLORADO 11 ment. Reducing brush improves the range if the grass understory is adequate. Cottontail rabbit and pheasant find shelter on this soil if they can obtain food in surrounding areas. Use of this soil for sanitary facilities, for community development, and as a source of construction material is limited by the high shrink -swell potential, slow permeabil- ity, clayey textures, and salinity. This soil is in capability subclass VI's, irrigated and nonirrigated. 4—Arvada loam, 6 to 20 percent slopes. This deep, well drained, sloping soil is on fans and high terraces. Elevation ranges from 5,100 to 6,200 feet. This soil formed in highly saline alluvium derived from sandstone and shale. The average annual precipitation is about 12 inches, average annual air temperature is about 48 de- grees F, and the average frost -free period is about 120 days. Typically, the surface layer is moderately alkaline, pale brown loam about 3 inches thick. The subsoil is brown silty clay loam about 14 inches thick. The substratum is light brown or brown silty clay loam to a depth of 60 inches. Included with this soil in mapping are small areas of Limon, Kim, and Heldt soils. Permeability is very slow, and available water capacity is high. Effective rooting depth is 60 inches or more. Organic matter content of the surface layer is low. Sur- face runoff is moderately rapid, and the erosion hazard is severe. This soil is used mainly for wildlife habitat and limited grazing. The native vegetation on this soil is mainly sagebrush, greasewood, and wheatgrass. When range condition deteriorates, grasses decrease and weedy forbs, cheatgrass, big sagebrush, and greasewood increase. Properly managing grazing main- tains and improves range condition. Seeding improves range in poor condition. Western wheatgrass and tall wheatgrass are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Irrigat- ing new seedings is necessary for successful establish- ment. Brush should not be reduced because grass pro- duction is low and some desirable native shrubs could be destroyed. Cottontail and pheasants find shelter on this soil if they can obtain food in surrounding areas. Use of this soil for sanitary facilities and as a source of construction material is limited by the Targe amounts of clay and salts. This soil is corrosive to steel and con- crete. Community development is limited by high shrink - swell potential, salinity, and steep slopes. This soil is in capability subclass VIIs, nonirrigated. 5—Ascalon fine sandy loam, 1 to 6 percent slopes. This deep, well drained, nearly level to gently sloping soil is on mesas, alluvial fans, and terraces. Elevation ranges from 5,000 to 6,500 feet. The soil formed in alluvium derived from sandstone and shale. The average annual precipitation is about 14 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 120 days. Typically, the surface layer is brown fine sandy loam about 5 inches thick. The subsoil is brown and yellowish brown sandy clay loam about 30 inches thick. The sub- stratum is very pale brown sandy clay loam to a depth of 60 inches. Included with this soil in mapping are small areas of Olney and Potts soils that have slopes of 1 to 6 percent. Permeability is moderate, and available water capacity is moderate. Effective rooting depth is 60 inches. Sur- face runoff is slow, and the erosion hazard is moderate. This soil is used mainly for irrigated crops, hay, and pasture. Some areas are used for grazing and wildlife habitat. This soil is irrigated mainly by corrugations. Sprinklers are also suitable. This soil erodes easily. Such practices as minimum tillage, grassed waterways, and tail water control reduce the danger of excessive erosion. Drop structures in irrigation ditches control water and prevent excessive ditch erosion. The native vegetation on this soil is mainly need- leandthread, wheatgrasses, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Reducing brush also improves the range. Seeding improves range in poor condition. Pubescent wheat - grass, western wheatgrass, and big bluegrass are suit- able for seeding. Preparing a seedbed and drilling the seed are good practices. This soil has potential as habitat for pheasant, cotton- tail rabbit, mourning dove, and squirrel. These animals mostly obtain food and shelter in areas of crops and hay. This soil has few limitations for community develop- ment. Low strength and frost action affect structures and roads. Community sewage systems will be needed if the population density increases. This soil is in capability subclasses Ille, irrigated, and IVe, nonirrigated. 6—Ascalon fine sandy loam, 6 to 12 percent slopes. This deep, well drained, moderately sloping to rolling soil is on mesas, terraces, sides of valleys, and alluvial fans. Elevation ranges from 5,000 to 6,500 feet. The soil formed in alluvium derived from sandstone and shale. The average annual precipitation is about 14 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 120 days. Typically, the surface layer is brown fine sandy loam about 5 inches thick. The subsoil is brown and yellowish RIFLE AREA, COLORADO 23 .anges from 5,000 to 6,500 feet. This soil formed in nixed alluvium derived primarily from basalt. This soil las a thin intermittent cap of reddish eolian material. The average annual precipitation is about 14 inches, the average annual air temperature is 46 degrees F, and the average frost -free period is about 125 days. Typically, the surface layer is brown stony loam about 3 inches thick. The underlying material is white, very strongly calcareous very stony loam to a depth of 60 nches. Included with this soil in mapping are small areas of 'otts and Ascalon soils on less sloping positions. These areas make up 5 to 15 percent of the map unit. Permeability is moderately rapid, and available water .apacity is low. Effective rooting depth is more than 60 nches. Surface runoff is medium, and the erosion hazard s moderate. This soil is used mainly for grazing and wildlife habitat. The native vegetation on this soil is mainly pinyon and Utah juniper. The understory consists mostly of Indian icegrass, wheatgrass, junegrass, serviceberry, bitter- Drush, and big sagebrush. When the understory vegetation deteriorates, grasses almost disappear and forbs and shrubs increase. Proper- ly managing the vegetation maintains wood production and grazing. Selectively thinning the pinyon and juniper mproves understory grazing and provides firewood, posts, and Christmas trees. This soil is suited to production of pinyon and Utah juniper. It can produce 9 cords of wood per acre when trees more than 4.5 feet tall reach an average diameter (at one foot) of 5 inches. The low available water capac- ity affects survival of tree seedlings. Mule deer, chukar, wild turkey, gray squirrel, and cot- tontail rabbit find habitat on this soil. Community development is limited by large stones and steep slopes. Structures to divert runoff are needed for roads. This soil is in capability subclass Vls, nonirrigated. 34—Ildefonso stony loam, 25 to 45 percent slopes. This deep, well drained, hilly to steep soil is on mesa breaks, sides of valleys, and alluvial fans. A small portion of this unit is on very steep to extremely steep mesa escarpments. Elevation ranges from 5,000 to 6,500 feet. This soil formed in mixed alluvium derived primarily from basalt. This soil has a thin intermittent cap of reddish eolian material. The average annual precipitation is about 14 inches, the average annual air temperature is about 46 degrees F, and the average frost -free period is about 125 days. Typically, the surface layer is brown stony loam about 8 inches thick. The underlying material is white, very strongly calcareous very stony loam to a depth of 60 inches. Included with this soil in mapping are small areas of Potts and Ascalon soils on less steep and depressional positions. These areas make up about 5 to 15 percent of the map unit. Permeability is moderately rapid, and available water capacity is low. Effective rooting depth is more than 60 inches. Surface runoff is medium, and the erosion hazard is severe. Ildefonso soil is used mainly for grazing and wildlife habitat. The native vegetation on this soil is mainly pinyon and Utah juniper. The understory consists of Indian ricegrass, wheatgrass, junegrass, serviceberry, bitterbrush, and big sagebrush. When the understory vegetation deteriorates, grasses almost disappear and forbs and shrubs increase. Proper- ly managing the vegetation maintains wood production and ground cover. The value for grazing is low because of steep slopes and tree cover. Firewood, posts, and Christmas trees can be harvested on the more gently sloping areas. This soil is suited to production of pinyon and Utah juniper. It can produce 9 cords of wood per acre when trees more than 4.5 feet tall reach an average diameter (at one foot) of 5 inches. The low available water capac- ity affects survival of tree seedlings. Steep slopes and severe erosion hazard affect harvesting. Mule deer, chukar, wild turkey, gray squirrel, and cot- tontail rabbit find habitat on this soil. Community development is limited by large stones and steep slopes. Structures to divert runoff are needed for roads. This soil is in capability subclass Vile, nonirrigated. 35—Ildefonso-Lazear complex, 6 to 65 percent slopes. Moderately sloping to very steep soils are on hillsides and mesa breaks. Elevation ranges from 5,000 to 6,500 feet. The Ildefonso soil formed in very calcare- ous, mixed, stony alluvium derived mainly from basalt, and the Lazear soil formed in shale and sandstone re- siduum. The average annual precipitation is about 14 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 125 days. The Ildefonso soil makes up about 50 percent of the unit, the Lazear soil makes up about 30 percent, and soils of minor extent make up 20 percent. The Ildefonso soil is deep and well drained. Typically, the surface layer is brown stony loam about 8 inches thick. The underlying material is white, very strongly cal- careous very stony loam to a depth of 60 inches. Permeability of the Ildefonso soil is moderately rapid, and available water capacity is low. Effective rooting depth is more than 60 inches. Surface runoff is medium, and the erosion hazard is moderate. The Lazear soil is shallow over shale bedrock and is well drained. Typically, the surface layer is grayish brown gravelly loam about 4 inches thick. The underlying mate- RIFLE AREA, COLORADO 103 TABLE 7. --BUILDING SITE DEVELOPMENT [Some terms that describe restrictive soil features are defined in the Glossary. See text for definitions of "slight," "moderate," and "severe." Absence of an entry indicates that the soil was not rated] Soil name and I map symbol ; Shallow excavations Dwellings without basements Dwellings with basements Small commercial buildings Local roads and streets 1 Almy Variant 2*: Arle , 3 4 5 6 Ansari Rock outcrop. Arvada Arvada Ascalon Ascalon Severe: ;Severe: ;Severe: slope. I slope. I slope. : Severe: :Severe: ;Severe: slope, I slope, I slope, large stones. I large stones. I large stones. ;Severe: ;Severe: I slope, I slope, I depth to rock. I depth to rock : : Moderate: ;Severe: ;Severe: too clayey. I shrink -swell. I shrink -swell. I Moderate: :Severe: ;Severe: slope, I shrink -swell. : shrink -swell. too clayey. I Slight ;Moderate: ;Moderate: I low strength. I low strength. : : Moderate: ;Moderate: ;Moderate: slope. I slope, I slope, I low strength. I low strength. : : i . ;Moderate: ;Moderate: I slope, I slope, I low strength. I low strength. :Severe: I slope, I depth to rock. 7*: Ascalon ;Moderate: I slope. Pena ;Severe: slope, I large stones. 8*: Atencio ;Severe: I cutbanks cave. Azeltine ;Severe: I cutbanks cave, I large stones. 9*. Badland 10 ;Moderate: ;Slight (Severe: I slope, I large stones. :Slight :Moderate: I large stones. Begay I large stones. ; : 11 ;Moderate: ;Moderate: Begay I slope, I slope. I large stones. , I I 12*: : i Buckton ;Severe: :Severe: I depth to rock, I depth to rock, I slope. I slope. : : See footnote at end of table. :Severe: slope, large stones. :Severe: ;Severe: I slope. I slope, I low strength. : ;Severe: ISevere: I slope, I slope, I large stones. : large stones. : ;Severe: ;Severe: I slope, I slope, I depth to rock. : depth to rock. ;Severe: ;Severe: I shrink -swell. I shrink -swell, : I low strength. ;Severe: :Severe: I slope, I shrink -swell, I shrink -swell. I low strength. :Moderate: ;Moderate: I low strength. I frost action, : I low strength. :Severe: ;Moderate: I slope. I slope, : I frost action, : 1 low strength. : . i ;Severe: :Moderate: I slope. I slope, : I frost action, : I low strength. : : :Severe: :Severe: I slope, I slope, large stones. : large stones. : : Slight :Slight :Slight. I I ; : Moderate: :Moderate: :Moderate: large stones. I large stones. I large stones. : : : : : : : Moderate: :Slight ;Slight. large stones. I I Moderate: ;Severe: :Moderate: slope, I slope. I slope. large stones. I I : : : : Severe: ;Severe: ;Severe: depth to rock, I depth to rock, I depth to rock, slope. I slope. I slope, : I low strength. RIFLE AREA, COLORADO 105 TABLE 7. --BUILDING SITE DEVELOPMENT --Continued Soil name and map symbol Shallow excavations Dwellings without basements 1 1 Dwellings with basements Small commercial buildings I 1 Local roads and streets 260: Rock outcrop. 2T'• Halaquepts 28, 29 Heldt 30 Heldt 31 Heldt ;Moderate: I too clayey. ;Moderate: too clayey, I slope. ;Severe: I slope, I too clayey. 32 (Severe: Holderness I slope. Variant 1 93, 34 :Severe: Ildefonso I slope, I large stones. 35*: Ildefonso ;Severe: I slope, I large stones. Lazear ;Severe: I depth tojock, I slope. 36, 37 ;Severe: Irigul I slope, I depth to rock. 38*: Irigul ;Severe: I slope, I depth to rock. Starman ;Severe: I slope, depth to rock. 39 -- Jerry Kim 41__ Kim 42__ Lamphier Severe: slope. Slight Moderate: slope. 'Severe: I slope. See footnote at end of table. 1 1 ;Severe: I shrink -swell, I low strength. ;Severe: • I shrink -swell, I low strength. ;Severe: I slope, I shrink -swell, I low strength. :Severe: I slope, I shrink -swell, low strength. ;Severe: I slope, I large stones. ;Severe: I slope, I large stones. ;Severe: I depth to rock, I slope. ;Severe: I slope, : depth to rock. ;Severe: I slope, I depth to rock. ;Severe: I slope, : depth to rock. ;Severe: I shrink -swell, I slope. ;Moderate: I shrink -swell. ;Moderate: I shrink -swell, I slope. ;Severe: I slope. ;Severe: I shrink -swell, I low strength. ;Severe: : shrink -swell, I low strength. ;Severe: I slope, I shrink -swell, I low strength. :Severe: I slope, I shrink -swell, low strength. ;Severe: I slope, I large stones. ;Severe: I slope, I large stones. :Severe: I depth to rock, I slope. !Severe: I slope, I depth to rock. 1 :Severe: I slope, I depth to rock. :Severe: I slope, I depth to rock. ;Severe: I slope, - I shrink -swell. ;Moderate: I shrink -swell. ;Moderate: I shrink -swell, I slope. :Severe: I slope. I ;Severe: shrink -swell, I low strength. ;Severe: I slope, I shrink -swell, I low strength. ;Severe: I slope, I shrink -swell, I low strength. ;Severe: I slope, I shrink -swell, I low strength. ;Severe: I slope, I large stones. ;Severe: I slope, large stones. Severe: I depth to I slope. ;Severe: I slope, I depth to ;Severe: I slope, I depth to ;Severe: I slope, I depth to :Severe: I shrink -swell, I slope. ;Moderate: I shrink -swell, I slope. ;Severe: I slope. ;Severe: I slope. 1 1 1 I ;Severe: I shrink -swell, ; low strength. ;Severe: I shrink -swell, I low strength. ;Severe: I slope, I shrink -swell, I low strength. ;Severe: ; slope, I shrink -swell, I low strength. ;Severe: I slope, I large stones. 1 / ;Severe: I slope, I large stones. ;Severe: rock, I depth to rock, I slope. (Severe: I slope, rock. I depth to rock. ;Severe: I slope, rock. I depth to rock. !Severe: I slope, rock. I depth to rock. Severe: shrink -swell, : slope, I low strength. ;Moderate: I shrink -swell, I low strength. ;Moderate: I slope, I shrink -swell, I low strength. :Severe: I slope. 134 SOIL SURVEY TABLE 13. --ENGINEERING INDEX PROPERTIES [The symbol < means less than; > means more than. Absence of an entry indicates that data were not estimated] 1 Classification 1Frag- Soil name and ;Depth; USDA texture I ; Iments map symbol ; I Unified I AASHTO I > 3 { :inches) 4 Percentage passing sieve number -- I I 10 ; 40 1200 ; Pct 1 1 ; 0-5 190-100190-100180-95 0-5 185-100185-100175-95 1 Almy Variant 2*: Arle Ansari Rock outcrop. 3, 4 Arvada 5, 6 In I 1 0-8 ;Loam 8-341Clay loam 134-601Flaggy clay ; loam, flaggy 1 1 loam. ; ; ; 1 0-10;Very stony loam ; ; 110-32;Very stony loam,1GM, SM I very stony 1 sandy loam. 1 32 Weathered bedrock. ; ; 1 1 0-10 Loam :CL -ML, ; SM -SC loamlCL-ML, SM -SC Ascalon 7*: Ascalon Pena ICL -ML ICL ICL 1 ISM, GM, I ML 8*: Atencio See 110-18;Loam, stony 118 :Unweathered 1 bedrock. ; ; ; I 0-3 ;Loam ;CL -ML 1 3-171Clay, silty clayICL, CH ; ; loam. 1 117-60;Clay loam, silty;CL clay loam. ; ; ; ; ; 0-5 ;Fine sandy loam ISM ; 5-3O;Sandy clay loam ISC, CL 130-60lSandy loam, ISC, ; sandy clay ; SM -SC, 1 ; loam, fine ; CL, 1 I sandy loam. I CL -ML 1 1 1 ; ; 0-5 (Fine sandy loam ISM ; 5-3O;Sandy clay loam ISC, CL 130-601Sandy loam, ISC, 1 sandy clay ; SM -SC, 1 loam, fine ; CL, 1 sandy loam. ; CL -ML ; ; ; 1 0-12;Stony loam ;CL -ML 112-601Very stony loam,IGM 1 ; very stony ; ; sandy loam. ; : I 1 1 1 1 ;SM Sc; 1 1 1 1SM-SC i I 0-11;Sandy loam 111-23;Gravelly sandy ; clay loam, ; sandy clay I loam. 123-281Gravelly sandy 1 clay loam, 1 gravelly sandy ; 1 1 loam. ; 128-601Sand, gravel, ISP, GP, 1 ; and cobbles. 1 SP -SM, 1 GP -GM ; footnote at end of table. I ;A-4 1A-6 1A-6 125-35 175-90 i I I ; ; ; ; I ; 1 1 1 1 1 1 1A-4 125-40 160-85 I I 1 1 1 I 1A-2, A-1130-60 140-70 ; 1 ; 1 1 1 1 I I ; --- i --- ; --- 1 I I 1 ; ; ; 1A-4 15-15 175-100175-90 1A-4 115-35 175-95 175-90 ; ; ; ; --- ; --- ; --- i --- 1 ; 1 1 ; ; ; ; ; 1 1 1 1A-4 1 1A-7 1 ; ; ;A-7 1 0 1 1 175-90 160-80 1 1 1 1 ; ; 155-80 145-70 1 1 1 40-70 ;35-55 I 1 170-80 !70-80 150-75 165-85 150-70 1 ;35-55 120-35 1 145-65 145-65 1 i 1 ; I 1 1 0 190-100190-100185-95 160-75 0 180-100175-100170-1001165-95 ; 1 ; 180-100175-10.0170-100155-80 1 1 1 ; ; 95-100190-100170-95 25-50 195-100190-100180-100140-55 195-100195-100175-95 135-65 1 1 1 1 1 I 1 I 1 1 ; 1 ; ; 1 1 195-100190-100170-95 125-50 ;95-100190-100180-100140-55 195-100195-100175-95 135-65 ; 1 ; 1 ; ; 1 1 ; 1 1 1 1 1 1 1 1 1 1 1 15-20 175-90 175-85 170-75 150-60 135-75 140-75 135-70 130-65 120-50 ; ; 1 ; 1 ; ; ; 1 1 ; ; ; 1 ; 1 1 1 1 0-5 175-100175-100150-65 120-30 0-5 165-90 150-90 135-65 125-45 1 1 1 1 1 1 ; ; ; I 1 1 I 5-10 150-80 150-75 140-65 115-30 1 ; ; 1 ; 1 ; ; 1 1 1 130-60 140-60 135-55 110-35 1 0-10 ; 1 1 ; 1 ; ; ; 1 ; ; 1 ; 1 IA -2, A-41 0 IA -6 ; 0 IA -4, A-61 0 1 1 1 1 1 1 IA -2, A-41 0 IA -6 1 0 ;A-4, A-61 0 1 ;A-4 1A-1, 1 A-2, I A-4 I 1 ;A-2 ; ;A-2, A-6; 1 1 1 ; 1 I ;A-2 ; ; ; ; ; IA -1 ; Pct Plas- ticity I index 10-20 30-40 20-30 1 20-30 1 5-10 ; 10-20 ; 10-15 ; NP 1 NP 5-10 20-30 I 5-10 15-25 40-65 40-45 1 115-25 20-40 1 20-40 1 1 i 1 15-25 20-40 1 20-40 1 1 1 1 20-40 1 I 5-10 1 20-35 ; 20-25 1 1 NP -5 1 10-20 5-15 NP -5 10-20 5-15 5-20 1 20-30 ; NP -5 I 1 1 1 1 1 1 1 1 I 1 I 1 I ; 15-20 ; NP -5 1 20-30 1 10-15 I 1 ; I I I 1 15-25 I 5-10 1 1 1 I 1 1 1 1 I 1 1 1 1 I 1 1 NP 'FIIFLE AREA, COLORADO 137 TABLE 13. --ENGINEERING INDEX PROPERTIES --Continued ' ' Classification :Frag- Percentage passing ; Soil name and ;Depth; USDA texture 1 1 Iments sieve number-- ;Liquid 'Plas- map symbol i i ' Unified ; AASHTO ; > 3 ; , 1 1 limit ticity ; ; ' ! 'inches 4 1 10 1 40 1200 1 index 1 In 1 , Pct I Pct 1 I I I 28, 29, 30, 31 I 0-8 ;Clay loam ICH, CL 1A-7 I 0 195-100195-100:95-100;75-95 ' 45-55 25-35 ;Heldt ' 8-60ISilty clay, ;CH, CL !A-7 ' 0 195-100195-100195-100175-95 145-55 25-35 I clay, clay loam! ' i i i ! i ' I I ' ' ' I 1 ' I 1 32 I 0-111Clay loam 195-100190-100170-95 150-80 120-35 5-15 Holderness Variant111-301Clay 195-100190-100180-95 160-85 ' 35-60 15-35 130-601Clay loam 195-100,85-100165-90 150-75 130-40 10-20 I I i 1 1 1 I 33, 34 I 0-8 :Stony loam 150-75 145-60 ;30-45 120-35 ' 20-25 NP -5 Ildefonso ' 8-60;Very stony loam,ISM, 140-75 135-60 :25-50 110-30 ' 20-25 NP -5 ' ! very gravelly I ; ; ; ; ' I ' sandy loam. ; ; ; ' ; ; 1 I I I I I 1 I 35*: I I I I I I I Ildefonso ' 0-8 ;Stony loam 'SM, :50-75 145-60 130-45 120-35 120-25 NP -5 18-60;Very stony loam,;SM, 140-75 135-60 125-50 110-30 120-25 NP -5 1 ' very gravelly 1 I I I ; ; I 1 sandy loam. 1 ; ; ; ; I I I I I I I Lazear I 0-4 ;Gravelly loam ---;ML, 150-80 150-75 140-65 130-55 120-30 NP -5 14-16'Gravelly loam, IML, 160-95 155-85 150-80 130-70 1 20-30 NP -5 ! I cobbly loam. I ! ! ; ; ; ' 16 !Unweathered , ' --- : ! ; --- 1 --- !' ; 1 bedrock. ! I I I 1 I I I I 1 36, 37 I 0-6 'Channery loam---'GM-GC, ' 5-20 170-75 160-75 '45-65 135-55 ! 20-30 5-10 ?Irigul ! ' CL -ML ! ' ! : 1 6-17:Very channery 1GM-GC ' 5-20 120-50 120-50 115-30 ; 5-15 : 20-30 5-10 1sandy clay 1 I i i ! , ' : loam. ! ; 1 ; ' i - ' 17 ;Unweathered ; ; --- ; --- i 1 --- ; --- ; --- ; ' I bedrock. 1 : i 1 I I I I I I I 35*. ' 1 ' ; : i Irigul 1 0-6 1Channery loam---;GM-GC, 5-20 ;70-75 160-75 145-65 135-55 ; 20-30 5-10 1 ' CL -ML ' ' 1 20-30 5-10 'CL -ML, CLIA -4, A-61 0-5 ICL, CH IA -7, A -6I 0-5 ICL 1A-6, A-7; 0-5 1 ISM, GM IA -1, A-2' 5-25 GM 1A-1, A-2120-70 GM 'A-1, A-2 5-25 GM 1A-1, A-2 20-70 1 GM 1A-2, A-4 0-5 GM 1A-2, A-4 10-20 IA -4 1A-2 1 :A-4 ! I 1 I 1 ;A-2 5-20 120-50 120-50 115-30 ' 5-15 1 1 1 I I I I I ;A-1, A-2' 0-15 160-80 150-75 40-60 30-50 ; 30-40 5-10 1A-1, A -2i 0-15 135-55 130-50 130-45 120-35 ! 30-40 5-10 1 I I 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 180-100,75-100170-95 155-70 ' 20-35 NP -10 ;60-90 160-80 145-70 ,35-70 ' 35-60 20-35 Starman 6-171Very channery ,GM -GC, 1 sandy clay , GP -GC loam. 1 17 'Unweathered ; ' bedrock. ; 0-3 ;Channery loam--- GM, SM, , GM -GC, ! GP -GC 3-131Very gravelly !GM I loam, channery 1 ' loam, very ' I 1 channery loam. I 1 13 ;Unweathered : 1 bedrock. ; ,, I 1 , 39 1 0-3 ;Loam ;ML !A-4 ; 0 Jerry •I 3-401Gravelly clay IGC, CL, 1A-6, A -7I 5-30 ! I loam, cobbly 1 CH ! 1 I clay loam, 1 1 ; cobbly clay. 1 ; 140-60:Gravelly loam, ,GC, CL, 'A-2, ! 1 cobbly clay. 1 CL -ML, I A-4, ; ! 1 GM -GC 1 A-6, . . . 1 A-7 , 1 , I 1 1 40, 41 I 0-60:Loam IML 1A-4 Kim ! ! ! : ,1 1 1 1 1 I 42 I 0-60,Loam ;ML IA -4 Lamphier ! i i ' 1 I 1 1 I I 1 I See footnote at end of table. I I 1 1 1 ! ! i I 1 1 1 1 1 ' ' 1 5-30 160-90 160-75 140-70 30-60 ! 20-45 5-25 ! i . ! I ' 1 1 ' 1 I 1 I 1 ' I 0-5 175-100175-100;60-90 150-75 '. 20-30 NP -5 , ' 0-10 180-100175-100,70-95 150-75 ' 25-35 NP -5 ; 1 i i ' I I 1 I 1 I 1 1 RIFLE AREA, COLORADO 141 TABLE 14. --PHYSICAL AND CHEMICAL PROPERTIES OF SOILS [The symbol < means less than; > means more than. Entries under "Erosion factors --T" apply to the entire profile. Entries under "Organic matter" apply only to the surface layer. Absence of an entry indicates that data were not available or were not estimated] Erosion 1 Soil name and ;Depth:Clay <2mml Permeability :Available: Soil ;Salinity; Shrink -swell 1 factors ;Organic map symbol : : 1 1 water :reaction; 1 potential 1 1 : matter ; :capacity 1 : i : K 1 T : Pct1 1 In/hr 1 In/in 1 pH Immhos/cm1 i ; : Pct 20-25 1 0.6-2.0 10.16-0.1917.4-7.8 1 <2 1Low 10.281 5 1 3-5 30-35 : 0.2-0.6 10.18-0.2017.4-8.4 : <2 :Moderate 10.321 1 20-35 1 0.6-2.0 10.13-0.1517.9-8.4 1 <2 1Low 10.321 : 1 1 1 : 1 1 : 1 1 1 1 4 4 1 15-25 1 0.6-2.0 10.07-0.0917.4-8.4 1 <2 1Low 10.101 2 1 2-4 10-25 1 0.6-2.0 10.06-0.0917.9-8.4 1 <2 1Low 10.101 1 --- ' 1 1 1 1- 1 1 1 1 : 1 : 1 1 1 18-25 1 0.6-2.0 10.10-0.1317.9-8.4 1 <2 1Low 10.15: 1 1 2-4 16-20 1 0.6-2.0 10.08-0.1217.9-8.4 1 <2 1Low :0.151 1 --- 1 --- 1 --- 1 --- 1 --- 1 i----1 : I : : 1 1 ; : : 1 : ; : : : : 15-27 1 0.6-2.0 10.16-0.181 >7.9 1 <4 1Low. 10.321 5 10.5-1 35-45 1 0.06-0.2 10.07-0.091 >8.4 1 <4 1High 10.321 1 28-40 1 0.06-0.2 10.09-0.111 >7.8 1 <8 :High 10.321 1 1 1 t 1 1 1 10-20 1 0.6-6.0 10.11-0.1616.6-7.8 1 <2 1Low 10.171 5 1 1-3 20-30 1 0.6-2.0 10.13-0.1516.6-7.8 1 <2 1Moderate 10.241 1 15-25 1 0.6-6.0 10.11-0.1517.9-8.4 1 <2 1Low 10.241 1 : i 1 ; 1 : : : : i : 1 1 : : 10-20 1 0.6-6.0 10.11-0.1616.6-7.8 1 <2 1Low 10.171 5 1 1-3 20-30 1 0.6-2.0 10.13-0.1516.6-7.8 1 <2 ;Moderate 10.241 1 15-25 1 0.6-6.0 10.11-0.1517.9-8.4 1 <2 1 -Low :0.241 1 4 : 1 1 1 15-25 1 0.6-2.0 10.12-0.1517.4-7.9 1 <2 1Low 10.281 3 1 1-3 15-25 1 0.6-2.0 10.03-0.0817.9-8.4 1 2-4 1Low10.241 1 i : 1 4 4 4 1 1 1g:171 10-20 1 2.0-6.010.12-0.1417.4-7.$ : <2 ;Low4 3:2-4 20-30 1 0.6-2.0 10.11-0.1317.4-7.8 1 <2 :Moderate 1 15-25 1 2.0-6.0 10.07-0.0917.9-8.4 1 <2 1Low 10.101 1 0-2 1 6.0-20 10.03-0.0517.9-8.4 1 <2 1Low 10.101 1 1 1 10-20 1 2.0-6.0 10.08-0.1217.9-8.4 1 <2 1Low 10.101 2 2-4 0-2 : >6.0 10.03-0.0517.4-8.4 1 <2 :Low 10.101 1 . 4 1 4 4 1 . 1 i 1 1 4 1 1 1 1 1 4 i 4 1 4 4 : : 11 4 4 4 : 4 : i 4 : 4 : 10-18 1 2.0-6.0 10.12-0.1416.6-8.4 1 <2 1Low 10.241 5 10.5-1 10-20 1 2.0-6.0 10.12-0.1517.4-8.4 1 <2 1Low 10.321 1 10-15 1 2.0-6.0 10.08-0.1117.4-8.4 1 <2 1Low 10.321 1 i 4 4 : 1 1 :1 4 : 1 1 I 20-27 1 0.06-0.2 10.17-0.2016.1-7.3 1 <2 ;Moderate 10.321 1 1 2-5 20-35 1 0.06-0.2 10.16-0.1816.1-7.3 1 <2 ;Moderate 10.371 1 --- : --- : --- 1 --- : i i : : 41 : 1 4 4 : i 15-27 1 0.6-2.0 10.16-0.18:6.1-7.8 1 <2 ;Low :0.32: 3 1 2-5 20-35 1 0.6-2.0 10.11-0.1516.1-7.8 1 <2 1Low 10.281 1 4 4 1 4 1 4 : : : 10-20 1 0.6-2.0 10.12-0.1417.9-8.4 1 <2 1Low 10.281 5 10.5-2 10-18 1 2.0-6.0 10.07-0.09'7.9-8.4 1 <2 1Low 10.151 1 1 4 4 1 10-25 1 0.6-2.0 10.16-0.18 6.6-7.8 1 <2 1Low 10.37 5 2-4 35-45 1 0.06-0.2 10.14-0.16 6.6-7.8 1 <2 :High 10.32 : 4 4 1 1 : In 1 : 1 1 0-8 1 Almy Variant 1 8-341 134-601 1 2*: Arle 1 0-101 110-321 1 32 1 1 Ansari 1 0-10 110-18 1 18 Rock outcrop. 1 : 3, 4 1 0-3 1 Arvada 1 3-17: 117-601 5, 6 1 0-5 1 Ascalon 1 5-301 130-601 1 7*: 1 Ascalon 1 0-5 1 1 5-301 130-601 1 1 Pena 1 0-121 112-601 1 8*: i Atencio 1 0-111 111-231 123-281 128-601 1 Azeltine 1 0-181 :18-601_ 9* Badland : 10, 11 1 0-141 Begay 114-241 124-601 12*: 1 i Bucklon 1 0-5 1 1 5-151 1 15 1 1 Inchau 1 0-3 1 1 3-361 1 36 1 13, 14, 15 1 0-131 Chilton 113-601 1 16 1 0-4 1 Cimarron 1 4-601 1 See footnote at end of table. 142 SOIL SURVE TABLE 14. --PHYSICAL AND CHEMICAL PROPERTIES OF SOILS --Continued Soil name and ;Depth;Clay map symbol 1 1 i 1 ; ;capacity 1 l <2mml Permeability ;Available; Soil ;Salinity; 1 water Ireactionl ; Erosion 1 Shrink -swell I factors lOrgani potential 1 1 I matte I K 1 T 1 In ; Pct ; In/hr ; In/in 1 Eli lmmhos/eml 1 1 1 Pct 17 1 0-211 20-27 1 0.6-2.0 10.16-0.1816.6-7.3 ; <2 ;Low 10.241 5 1 3-6 Cochetopa 121-601 35-50 I 0.06-0.2 10.11-0.1416.6-7.8 I <2 ;High ;0.241 1 1 1 ;; 1 1 ; 18*, 191: 1 1 ; 1 11 ' 1 i 1 Cochetopa 1 0-211 20-27 1 0.6-2.0 10.16-0.1816.6-7.3 1 <2 Low 10.241 5 1 3-6 121-601 35-50 1 0.06-0.2 10.11-0.1416.6-7.8 1 <2 High 10.241 1 1 ; 1 ;; ; 1 1 Jerry 1 0-3 1 20-25 I 0.6-2.0 10.16-0.18;6.6-7.3 1 <2 ;Low 10.281 5 1 3-5 1 3-601 35-50 1 0.06-0.2 10.13-0.1517.4-8.4 1 <2 1High 10.321 I 1 1 1 1 1 1 1 1 1 1 20*. ; 1 1 ; 1 1 1 1 11 Cryaquolls ; 1 1 1 1 1 1 ; 1 1 21 I t i 1 I � t H0:2147! Cushman 10-3 I 16-20 1 0.6-2.0 10.16-0.2016.6-7.8 1 <2 Low 2; 2-3 1 3-11; 25-35 ; 0.6-2.0 ;0.14-0.18;7.4-8.4 1 <2 Moderate 32111-321 16-20 1 0.6-2.0 10.08-0.1217.4-8.4 1 <2 Low 1 132 1 --- 1 --- 1--- 1 --- 1 --- 1 I ----I 1 1 1 1 1 11; 1 1 Lazear 1 0-4 1 15-20 1 0.6-2.0 10.08-0.1117.9-9.0 1 <2 ;Low 10.201 1 10.5-1 1 1 4-161 15-20 1 0.6-2.0 10.08-0.111 >7.9 1 <2 1Low ;0.201 1 16 1 --- 1 --- i --- ; --- 1 --- 1 ;----i i 1 1 1 I 1 1 1 ; 1 1 22 1 0-3 I 15-25 I 0.6-2.0 10.11-0.1316.1-7.3 I <2 1Low 10.241 3 1 3-6 Dateman 1 3-221 10-20 1 0.6-2.0 10.08-0.1016.6-7.8 1 <2 ;Low ;0.201 1 122-341 10-20 1 0.6-2.0 10.08-0.1016.6-7.3 I <2 1Low 10.201 1 1 34 1 --- 1 --- 4--- 1--- 1--- 1 1----1 I 1 1 1 I 1 1 1 1 1 23 10-12110-20 1 0.6-2.0 10.10-0.1416.6-7.8 1 <2 ;Low 10.241 3 1 3-6 Detra 112-571 20-35 1 0.6-2.0 10.14-0.1616.6-8.4 1 <2 IModerate ;0.201 1 ; 1 1 1 1 1 1 1 1 * 1 i 1 1 1 i 1 24 1 1 1 1 1 � Dollard 1 0-5 1 35-45 0.06-0.2 10.17-0.19'7.4-9.0 I <2 ;High110.371 2 1 1-2 5-251 35-50 1 0.06-0.2 10.13-0.18 7.4-9.0 1 <2 ,High 10.431 1 25 ; --- 1 --- 1 --- --- 1 --- 1 1----1 i 1 1 1 1 1 1 a a Rock outcrop. I I 1 ; 1 ; ; ; 1 25 1 0-151 10-23 1 0.6-2.0 10.16-0.1816.1-7.3 1 <2 ;Low;0.201 5 10.5-1 Etoe 115-241 10-25 ; 0.6-2.0 10.12-0.1416.1-6.5 ; <2 ;Low 10.151 ; 124-601 20-25 1 0.6-2.0 10.05-0.1116.1-7.3 1 <2 1Low 10.151 1 1 1 11 11 1; 26*: 1 ; 1 1 1 1 1 1 1 1 Farlow 1 0-101 15-25 1 0.6-2.0 10.12-0.1417.4-7.8 I <2 ;Low 10.281 3 1 2-5 110-421 18-27 ; 0.6-2.0 10.05-0.0717.9-8.4 I <2 1Low 10.281 1 1 42 1 --- I --- . --- 1--- 1 --- I 1 1 ; 1 1 1 1 1 1 1 1 ; Rock outcrop. 1 1 1 1 1 1 I 1 1 1 1 1 1 1 i 1 1 ; 27*. 1 1 11 1 1 1 Halaquepts 1 1 ; 1 1 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1 1 I 28, 29, 30, 31---1 0-8 1 30-45 1 0.06-0.2 10.12-0.1717.4-9.0 I <8 ;High ;0.281 5 ; 1-2 Heldt 1 8-601 35-45 1 0.06-0.2 10.12-0.1717.9-9.0 I <8 ;High 10.281 1 ; 1 ; 1 1 1 i i(0):2d ;32 1 0-111 30-40 1 0.2-0.6 10.15-0.1917.9-8.4 1 <2 ;Moderate 5 1 2-4 Holderness 111-301 40-60 1 0.06-0.2 10.15-0.1917.9-8.4 I <2 IHigh 1 Variant 130-601 30-40 1 0.2-0.6 10.15-0.1917.9-8.4 I <2 IHigh 10g311;1 . !0.5-1 1 1 1 1 1 1 1 33, 34 I 0-8 I 15-25 1 2.0-6.0 10.08-0.1017.4-8.4 1 <2 ;Low 3 Ildefonso 18-601 15-25 1 2.0-6.0 10.06-0.0817.9-8.4 1 <4 ;Low 1 1 i 1 1 1 1 1 1 ; 35*: 1 1 ; r 1 1 1 1 1 1 Ildefonso 1 0-8 1 15-25 1 2.0-6.0 10.08-0.1017.4-8.4 1 <2 ;Low 10.151 3 10.5-1 18-601 15-25 1 2.0-6.0 10.06-0.0817.9-8.4 1 <4 1Low ;0.151 1 1 1 See footnote at end of table. TABLE 15. --SOIL AND WATER FEATURES [The definitions of "flooding" and "water table" in the Glossary explain terms such as "rare," "brief," "apparent," and "perched." The symbol < means less than; > means more than. Absence of an entry indicates that the feature is not a concern] ; Flooding ; High water table ; Bedrock 1 ; Risk of corrosion Soil name and ' ' (Hydro-, , 1 , Potential , 1 map symbol i logic; Frequency ; Duration ;Months ; Depth ; Months ; Depth ; Hardness ; frost ;Uncoated ;Concrete 1 1 1 1 1 1 1 1 1 I ,group , , I i , action steel , ; 1 1 1 ; Ft ; 1 In 1 , , ; 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 , 1 I , I , , 1 ; C ;None ; ; --- ; >6.0 ; ; >60 1 ;Low ;High ;Low. AlmyVariant 1 1 1 1 1 1 1 ' 1 1 1 1 1 I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 2* 1 I 1 1 1 1 1 1 1 1 I I , 1 1 1 1 I I 1 1 1 Arle ; C ;None ; --- 1 --- 1 >6.0 ; ; 20-40 ;Rippable ;Low ;Moderate ;Low. 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 , Ansari ; D ;None ; ; --- ; >6.0 1 ; 10-20 ;Hard ;Low ;High ;Low. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 , 1 1 1 I Rock outcrop. 1 1 1 1 I 1 1 1 1 1 I I 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 I 1 1 1 I 1 I 1 1 1 1 1 3, 4 ; D ;None ; ; --->6.0 ; 1. >60 ; ;Low ;High ;Moderate. Arvada ' 1 ' 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 I I I 1 1 I 1 1 I I I I 1 I1 I I 1 1 I 5, 6 B None , --- >6.0 , >60 Moderate ---,Moderate ,Low. 1 1 1 1 1 1 1 1 1 1 Ascalon 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 , 1 1 I 7*:I 1 1 1 11 I 1 1 1 1 1 I 1 1 Ascalon 1 B ;None ; ; --- ; >6.0 1 1 >60 1 ,Moderate ---;Moderate ;Low. I 1 - 1 1 I I 1 1 1 1 I i 1 , I 1 1 1 1 1 I Pena ; B ;None ; ; 1 >6.0 1 ; >60 1 ;Moderate ---;High ;Low. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 , 1 1 , 1 1 * I 1 1 1 1 1 1 1 1 I 8 I 1 1 1 1 Atencio B ;None ; 1 1 >6.0 ; --- 1 >60 1 Low ;High ;LOw. I I 1 1 1 1 1 1 1 1 , 1 1 1 1 1 1 1 1 , Azeltine ; B ;None ; 1 1 >6.0 ; ; >60 1 Low ;High ;Low. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 9 1 1 ; 1 1 ; 1 1 Ii ; Badland 1 1 1 ; 1 1 1 1 1 ; 1 ; 1 1 1 1 1 1 ; 1 10, 11 B ;None ; ; >6.0 ; 1 >60 ; ;Low ;High Low. 1 1 1 1 1- 1 1 1 1 Begay 1 I I I , , , 1 1 11 1 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1 11 111 1 1 1 1 1 I12* I I1i 1 I 1 1 1 I Buckton ; D ;None ; ; ; >6.0 ' ; 10-20 ;Rippable ;Moderate ---;High ;Low. 1 1 1 1 1 1 1 1 1 I I 1 1 1 1 1 1 1 1 1 Inchau 1 C ;None ; 1 1 >6.0 ; --- ; 20-40 ;Rippable ;Moderate ---;High ;Low. 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 , 1 1 1 I 13, 14, 15 ; B ;None ; ; ; >6.0 ; ; >60 ; ;Low ;Moderate ;Low. Chilton11 1 1 I 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 I 1 I 1 1 1 I 1 I 16 ; C ;None 1 1 ; >6.0 ; ; >60 ; ;Moderate ---;High ;Low. 1 1 1 1 1 1 1 1 1 1 I Cimarron 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I , 1 1 1 1 1 1 1 1 1 I 17 ; C ;None 1 1 1 >6.0 ; 1 >60 1 ;Moderate ---;High row. I 1 I 1 1 1 1 1 1 1 Cochetopa 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1 11 1 I 1 I 1 1 1 1 1p** 1I1 1111 11118, 19 I I I 1 1 1 I 1 Cochetopa ; C ;None ; ; ; >6.0 ' ; >60 ; --- ;Moderate ---;High ;Low. 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 , Jerry 1 C ;None ; ; ; >6.0 ; ; >60 ; ,Moderate ---;High ;Low. 1 1 1 I 1 I I 1 I 1 1 I 1 1 1 1 I 1 I See footnote at end of table. OGVH0100 `VHHV H-idIH TABLE 15.--SOIL AND WATER FEATURES--Continued Flooding ; High water table i Bedrock 1-1 Risk of corrosion Soil name and ;Hydro-1 1 ; 1 1 i 1 ; Potential : i map symbol : logic; Frequency 1 Duration :Months 1 Depth i Months : Depth 1 Hardness ; frost ;Uncoated :Concrete 1 1 action 1 steel 1 ,group � 1 1 1 , 1 1 ; 1 1 Ft ! 1 In 1 ' ' 1 1 1 1 i 1 ! : 1 1 1 1 1 20*. 1 1 1 1 1 1 Cryaquolls ; 1 1 '' 1 1 1 1 ' ' 1 1 1 1 1 1 1 1 1 1 1 ' 1 21*: 1 1 1 1 1 1 1 1 1 ' Cushman 1 C ;None 1 1 --- ; >6.0 1 ; 20-40 ;Rippable ;Low i:iigghh :Low. 1 1 1 1 � ! 1 1 1 1 1 1 ' 'Lazear i D ;Nonei-1; >6.0 ; --- ' 10-20 :Hard;Low ;Low. 1 1 1 1 1 1 1 1 1 1 22 ; C ;None 1 ; i >6.0 ; ; 20-40 ;Hard !Moderate---;High !Moderate. Dateman 1 1 1 1 1 1 1 1 1 1 1 : 1 1 1 1 1 1 1 23 1 B ;None 1 1 1 >6.0 1 ; 40-60 ;Hard ;Moderate---;High !Low. Detra , 1 1 1 1 ' 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 24*: 1 1 1 1 1 1 1 1 1 1 Dollard 1 C !None 1 --- ; --- 1 >6.0 1 1 20-40 iRippable !Low !High ;Low. 1 1 1 1 1 1 1 11 1 1 1 1 Rock outcrop. 1 1 1 1 1 1 ! 1 1 1 1 1 1 1 i1 , 1 I 1 1 i 1 1 1 25 i B ;None 1 ; ; >6.0 ; ; >60 1 :Moderate---:Low ;Low. Etoe ; 1 1 1 1 1 1 1 1 1 ' 1 1 1 ' ; 1 1 I I 1 1 26*: 1 1 1 1 1 1 1 1 1 1 Farlow ; B ;None 1 --- 1 ; >6.0 ; 1 40-60 ;Hard ;Low !High Low. 1 1 1 1 1 1 1 1 ' 1 ' Rock outcrop.1 1 1 1 1 1 1 1 ' 1 ' ' I 1 I1 I 11 1 1 1 1 , 1 27* 1 ' 1 1 1 1 1 1 1 1 Halaquepts 1 1 1 1 1 : 1 1 1 1 1 1 1 1 1 28, 29,30,31----; C ;None 1 1 : >6.0 : ; >60 i ;Low ;High !High. Heldt1 1 1 1 1 1 1 1 1 1 1 1 ! 1 1 1 1 1 1 1 32 1 C ;None i i --- ; >6.0 ; i >60 : !Moderate---;High ;Low. Holderness 1 1 1 1 1 1 1 1 ' 1 1 1 1 1 1 i 1 1 Variant I 11 1 1 1 1 1 1 1 1 1 1 1 i 1 1 1 33, 34 ; B ;None 1 1 --- 1 >6.0 1 1 >60 i ;Low ;High ;Low. 11 1 1 1 1 1 1 1 ! Ildefonso 1 1 1 1 1 1 1 � 1 1 1 1 1 1 1 1 1 1 1 1 35*: 1 1 1 ' 1 1 11 1 1 1 ' Ildefonso 1 B ;None 1 1 ; >6.0 ; ; >60 : ;Low ;High !Low. ; 1 1 1 1 1 1 1 1 1 Lazear 1 D ;None 1 1 : >6.0 ! ; 10-20 !Hard ;Low ;High ;Low. 1 1 1 1 1 ' 36, 37 1 D ;None 1 ; >6.0 ; ; 10-20 ;Hard ;Low ;High ;Low. Irigul 1 1 1 1 1 1 1 1 1 ' 1 1 1 1 , 1 1 1 1 1 1 1 38*: ! 1 1 1 1 1 1 1 1 1 1l Irigul 1 D ;None 1 1 --- ; >6.0 ; ; 10-20 !Hard ;Low ;High !Low. i 1 � � 1 1 1 ! ; i 1 Scarman : D !None 1 1 ; >6.0 : : 10-20 !Hard !Moderate---;High ;Low. . 1 I 1 1 1 1 I 1, 1 1 1 I 1 ' See footnote at end of table. ) A LCIS Bios ~Nime COLORADO RIVER ENGINEERING, INC. P.O. Box 1301 Rifle, CO 81650 Tel 970-625-4933 Fax 970-625-4564 April 24, 2007 Mr. Donald Ziegler PO Box 2810 Glenwood Springs, CO 81602 RE: Water Supply — Ziegler Property, Silt, Colorado Dear Don: As requested, Colorado River Engineering, Inc. has completed work to develop a water supply for your proposed 3 -lot subdivision exemption for your property along Highway 6&24 west of Silt. The subdivision proposes to have one well serve the western lot and a shared well serve the two eastern lots. A well sharing agreement will be required in the future. Per Garfield County Subdivision Regulations Section 8.42.D, proof of a legal and physical water supply must be submitted with an application for subdivision exemption. Legal Supply We have obtained West Divide Water Conservancy District Contracts to provide the legal water supply. Your property is within "Area A" of the District boundaries and is therefore covered under a blanket substitute water supply plan and is eligible to receive well permits. Garfield County regulations identify the substitute water supply plan as a legal source of supply. Monitoring well permit applications were previously sent to the state. We will file the well permit applications in the near future. The first contract #070419WestDZ(a) provides for service to one residence with 14520 square feet of irrigation. The second contract #070419EastDZ(a) is for the shared well serving two residences with 29040 square feet of irrigation. Physical Supply Based on past work in the area we believe there are significant groundwater resources underneath your property. In order to prove that a physical water supply can be obtained for the exemption, you are required to demonstrate, using documentation from the Colorado Division of Water Resources (Division), that there are existing wells producing at least 5-gpm within 1/4 -mile of the proposed exemption site. The attached Figure 1 shows the approximate boundary of your property with a 1/4 —mile boundary offset line. It also contains a map from the Division's online well database showing the locations of nearby well permits. The attached Table 1 identifies several of the wells shown on the map that are listed in the database as producing 5-gpm or greater. Prior to the signing of the plat, the adequacy of the water supply must be demonstrated by means of well pump EXHIBIT I Narrative Explanation Ziegler Subdivision Exemption This is an application for subdivision exemption for that parcel of real property owned by Donald R. Ziegler (the "Applicant") located in Garfield County at the address of 0092 County Road 227, Rifle, Colorado 81625 (the "Ziegler Parcel"). A copy of the vesting deeds are attached hereto as Exhibit A. The Ziegler Parcel contains approximately 41 acres and is located in the A/R/RD zone district. Approval of this application will result in the creation of three (3) lots which are more particularly described within the Ziegler Exemption Plat attached hereto as Exhibit B. As confirmed under that deed, attached hereto as Exhibit C, the Ziegler Parcel has existed in its present configuration since 1963 and is not part of a recorded subdivision thus satisfying the Section 8:52 A. Review Criteria. Addressing the remaining submission requirements, Applicant states as follows: 1. The names and addresses of the owners of record of land immediately adjoining and within 200' of the Ziegler Parcel are set forth within Exhibit D, attached hereto. The owners of severed mineral interests are set forth within the Mineral Ownership Report attached hereto as Exhibit E. 2. The evidence of soil types and characteristics is set forth in the correspondence of Christopher Manera, P.E., Colorado River Engineering of May 30, 2007, attached hereto as Exhibit F. 3. Domestic water shall be provided to the proposed Ziegler Parcel pursuant to domestic well for which well permits have heretofore been obtained from the State Engineer. Copies of said well permits are attached hereto collectively as Exhibit G. Lots 2 and 3 shall be served from the same well pursuant to well sharing agreement to be drafted and filed coincident with plat filing. The legal source for diversions under said wells pursuant to those contracts with the West Divide Water Conservancy District attached hereto collectively as Exhibit H. The adequacy of the proposed water supply above stated is set forth within the correspondence of Christopher Manera, P.E., Colorado River Engineering of April 24, 2007 attached hereto as Exhibit I. 4. The proposed method of sewage disposal is ISDS (engineered). Fire protection/issues are addressed in the correspondence of Mr. Brit C. McLin, Burning Mountain Fire Protection District of March 23, 2007 attached hereto as Exhibit J. Narrative Explanation - Ziegler Subdivision Exemption Page 1 E: IZIZiegler, DonlSuhdivision ExemptionlZiegler Subdivision Exemption Narrative.wpd WEST DIVIDE WATER CONSERVANCY DISTRICT 109 WEST FOURTH STREET P. O. BOX 1478 RIFLE, COLORADO 81650-1478 water@wdwcd.org wdwcd.org April 24, 2007 Tel: 970-625-5461 Fax: 970625-2796 Donald Ziegler/ P. O. Box 2810 Glenwood Springs, CO 81602 DearMr. Ziegler: Enclosed are your approved contracts # 070419East DZ(a), and # 070419WestDZ(a). Please read the contracts carefully if you have not already done so, but please especially note para&aph 2 concerning availability of water. West Divide obtains its augmentation water from a number of sources and operates its water supply program pursuant to a Temporary Substitute Supply Ilan ("TSSP") approved annually by the State Engineer's Office. TSSPs are common for water conservancy districts and West Divide has operated pursuant to a TSSP for several years with no significant reliability issues. Federal policy relating to endangered species, environmental concerns, and forces of nature are always such that no source of water can be guaranteed during any season or from year to year. Further, the State Engineer's Office periodically reviews the geographic area served by West Divide and has recently made a decision to reduce West Divide's Area A Service Area. While your structure is currently located within the West Divide Area A Service Area, the Division Engineer's Office could make another adjustment to the Service Area in the future and your structure could fall outside the Service Area and be subject to curtailment by the State Engineer's Office. West Divide continues to make good -faith efforts to obtain alternative long-term supplies in an effort to make reliable and predictable the water supply anticipated by your contract with us. West Divide also continues to make good -faith efforts to maintain its existing TSSP and keep its Area A Service Area intact. For most years, we expect to be successful in these efforts. These water allotment contracts may require you to obtain a well permit from the State Engineer's office. Once your well is drilled you are required to install a measuring device and submit a meter reading to West Divide, upon request. Non-compliance with measuring and reporting requirements are grounds for cancellation of your water allotment contract with West Divide. This could result in action by the State Engineer which could prevent your further use of your well. Sincerely yours, ( et Maddock Enclosure cc Division No. 5 Water Resources w/enclosure terry D. Sundeen, hydrologist w/enclosure Colorado River Engineering, Inc. w/enclosure Samuel S. Potter, President Kelly Coney, Vice President Robert J. Zanella, Secretary LaVerne Starbuck, Treasurer Bruce E. Wampler, Director EXHIBIT H Il WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT Name of Applicant: Donald Ziegler Quantity of Water in Acre Feet: 0.85 Contract #070419 WestDZ(a) Map #562 Date Activated 4119/07 Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and e'isting by virtue of C.R.S 1973, §37-45-101, et seq., (hereinafter referred to as the "District") for an allotment contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this Contract and the attached Application. Applicant hereby agrees to the following terms and conditions: 1. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well; it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources. ? Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct llow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will be lirnited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this Contract. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District; and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided. Applicant may so notify the District in wr iting. and the amount of water allotted under this Contract shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: industrial, municipal, domestic and elated uses, or commercial (except for commercial use hum AlsburyReservoir and except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contact No.2-07-70- W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use ofany and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out ofstorage from Ruedi Reservoir, Green Mountain Reservoir, Alsbury Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release or delivery olwater at such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District fiom Ruedi Reservoir or Green Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts; laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby 1 expressly r esei ves the right to store water and to make exchange releases from strnetutes that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point ofdiversion of the Dist! ices applicable water right, and neither the District, nor those entitled to utilize the District's decrees; niay call on any greater amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case Water service provided by the District for properties located within the Bluestone and Silt Water Conservancy Districts is provided pursuant to Agreements with said Districts. The Intergovernmental Agreement between the District and the Silt Water Conservancy District. dated January 25, 2001, is recorded as Reception No. 575691, Garfield County Clerk and Recorder's Office. The Intergovernmental Memorandum of Understanding between the District and the Bluestone Water Conservancy District, dated April 26, 2001, is recorded as Reception No. 584840. Garfield County Clerk and Recorder's Office. 5 Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's water i ights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibitity of Applicant. The District reserves the right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this Contract.. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, theApplicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 19 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof, 6. Contract Payment: Non-refundable, one time administrative charge, in the amount determined by the Board ofDirectors of the District from time to time, shall be submitted with the application for consideration by the District Annual payment for the water service described herein shall be determined by the Board of Directors of the District. The initial annual payment shall be made in full, within thirty (30) days after the date ofnotice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable to that year 2 Annual payments for each year thcrealler shall be due and payable by the Applicant on or before each January 1. Ilan annual payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent certified nail, return receipt requested, to the Applicant at such address as may he designated by the Applicant in writing or set forth in this Contract or Application.. Water use for any part of a water year shall require payment for the entire water year.. Nothing herein shall be construed so as to prevent the District nom adjusting the annual rate in its sole discretion for future years only.. If payment is not made within fifteen (15) days after the date of said written notice; Applicant shall at District's sole option have no further right, title or interest under this Contract without further notice, and delivery may be immediately curtailed.. The allotment of water, as herein made; may be transferred, leased, or otherwise disposed of at the discretion of the Boat of Directors of the District. Upon cancellation of this water allotment Contract with the District_ the District shall notify the Division of Water Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use. 7. Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights 8. Assignment: This Contract shall not inure to the benefit of the heirs, successors or assigns of Applicant, without the prior written consent of the District's Board of Directors. Any assignment of Applicant's rights under this Contract shall be subject to, and must cornply with, such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and filing of proper forms for assignment and change of ownership. In the event the water allotted pursuant to this Contract is to be used for the benefit of land which is now or will subsequently be subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunder to: 1) No more than three separate owners all of whom shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association, water district, water andsanitation district or other special district properly organized and existing under the laws of the State of Colorado, and then, only if such parties, association or special district establishes to the satisfaction of the District that it has the ability and authority to perform the Applicant's obligations under this Contact. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract have any rights hereunder, except as such rights may exist pursuant to a well sharing agreement or through a homeowners association or special district asprovided above. Upon the sale of the real property to which this Contract pertains. Applicant shall make buyer aware ofthis Contract and proper forms for assignment and change of ownership must be completed. 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. 10 Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the board of Directors of the District, if and when, the Board of said District determines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetary 3 consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for othercosts to the District which may arise through services made available to the Applicant. 11, Change of lJse: The District reserves the exclusive right to review, reapprove or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein of any lease or sale of the water or water rights allotted hereunder 'without the prior written approval of the District shall be deemed to be a material breach of this Contract. 12, Use and Place of1Ise: Applicant aerees to use the water in the manner and on the property described in the documents submitted to the District at the time this Contract is executed, or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. 13, Title: ]t is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitablea legal lee title interest in or to any water or water rights referred to herein 14.. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict actual diversions to not exceed the contract amount, which provides water (on the formula of one acre foot per dwelling) for ordinary household purposes inside one single family dwelling, the watering of domestic livestock. fire protection, and the irrigation of lawn and garden as specified in the Application. Applicant shall also comply with all restrictions and limitations set forth in the well pennit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering, provided that in no event shall actual diversions exceed the amount of water provided by this Contract. Violation of this paragraph 15 shall be deemed to be a material breach of this Contract. 16.. Well Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. 17.. Measuring Device or Meter: Applicant agrees to provide, at its own expense, a measuring device deemed acceptable by the District's Engineer after consultation, or a totalizing flow meter with remote readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicant's water right and the terms of this Contract. Applicant agrees to provide accurate readings from such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours for the purposes of determining Applicant's actual use of water.. 4 18. Representations: By executing this Contract, Applicant agrees that it is not relying on any legal or engineering advice that Applicant may believe has been received frr.rm the District. Applicant further acknowledges that it has obtained all necessary legal and engineering advice from Applicant's own sources other than the District. Applicant further acknowledges that the District makes no guarantees, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this Contract. Should the District be unable to provide the water contracted for herein. no damages may be assessed against the District, nor may Applicant obtain a refund from the District 19 Costs of Water Court Filing and Augmentation Plan: Should the District, in its own discretion, choose to include Applicant's Contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceedings. Applicant shall he assessed a pro -rata share of the total cost incurred by the District in preparing, filing and pursuing to decree the water court case. the pro -rata share shall be calculated by dividing such total cost by the number ofcontractees included in the filing. To the extent that theDistrict is caused additional costs because ofobjection filed specifically due to the inclusion of Applicant's Contract in the filing, such additional costs maybe charged specifically to Applicant and not shared on a pro -rata basis by all contractees. 20. Binding Agreement: This agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. All correspondence from the District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terms and conditions of this agreement 21. Warning: IT IS T]IE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT IT IS THE CONTINUING DUTY OF IIIE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTIIERWISE LAWFUI.LY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. 22. AREA B. CONTRACTS: IF APPLICANT'S WELL OR OTHER WATER RIGHT THAT IS THE SUBJECT OF THIS CONTRACT IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT, THEN THIS PARAGRAPH APPLIES: THE AUGMENTATION WATER PROVIDED BY THE. DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANT"S WATER RIGHT FROM A CALL ON IHE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER SENIOR RIGHT. NO REPRESENTATION OTHERWISE IS MADE BY THE DISTRICT. IF THIS IS A CONCERN TO APPLICANT, THIS CONTRACT MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT WITHIN THE NEXT 30 DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT IN WHICH EVENT ALL SUMS PAID BY APPIICANT FOR THIS CONTRACT SHALL BE IMMEDIATELY REFUNDED TO APPLICANT.. Applicant Applicant '14- SIAIEOF__2tj1i,.73;Z ° ) t `° _••� } ss. �AMANDA B. °: � DUNN COUNTY OF � ;,2, -AV( ) 1 . The foregoing instrument was acknowledged befo`'c.% alp 021'6 day of L 20 Oby N‘ ....s I.rrl /f=��1t"i '{, 0�i� eal. lvly commission expires: uvnnl�(m lt�'Utiv4rlWtf $1_18. ,/)un....► STA! E OF COUNTY OF ) ss Notary Public The foregoing instrument was acknowledged before me on this day of 20 , by . Witness my hand and official scat. My commission expires: Notary Public ORDER .after a hearing by the Board of Directors of the West Divide Water Conservancy District on the Applicationit is hereby ORDERED that said Application be granted and this Contract shall be and is accepted by the District. ATTEST: =� Se\retary WEST DIVIDE WATER CONSERVANCY DISTRICT By President Date This Contract includes and is subject to the terms and conditions of the following documents which must accompany this Contract: 1. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed The printed portions of this form, except differentiated additions or deletions, have been approved and adopted by the West Divide Water Conservancy District. form r#WDWCD 050901 CONTRACT. 6 Contract #070419EastDZ(a) Map #563 Date Activated 4/19/07 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT Name ofApplicant: Donald Ziegler Quantity of Water in Acre Feet: 1.69 Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C..R.S. 1973, §.37-45-101, et seq., (hereinafter referred to as the "District") for an allotment contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this Contract and the attached Application, Applicant hereby agrees to the following terms and conditions: 1 Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well per mit is obtained from the Colorado Division of Water Resources. 2.. Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre feet per year of storage water owned or controlled by the District.. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of' water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all oi the terms and conditions of this Contract. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water. Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this Contract shall be reduced permanently in accordancewith such notice. Rates shall be adjusted accordingly in following water years only. 3.. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: industrial, municipal, domestic and related uses, or commercial (except for commercial use fiom Alsbury Reservoir and except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07-70- W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, Green Mountain Reservoir, Alsbury Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release or delivery of water at such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau of Reclamation.. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby 1 expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point ofdiversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. Water service provided by the District for properties located within the Bluestone and Silt Water Conservancy Districts is provided pursuant to Agreements with said Dist' lets The Intergovernmental Agreement between the District and the Silt Water Conservancy District, dated January 25, 2001, is recorded as Reception No. 575691, Garfield County Clerk and Recorder's Office, The Intergovernmental Memorandum oft Inderstanding between the District and the Bluestone Water Conservancy District, dated April 26, 2001, is recorded ELS Reception No. 584840, Garfield County Clerk and Recorder's Office, 5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this Contract. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water al lotted to Applicant hereunder, theApplicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 19 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof, 6. Contract Payment: Non-refundable, one time administrative charge, in the amount determined by the Board of Directors of the District from time to time, shall be submitted with the application for consideration by the District. Annual payment for the water service described herein shall be determined by the Board ofDirectors ofthe District. The initial annual payment shall be made in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable to that year. 2 Annual payments for each year thereatler shall he due and payable by the Applicant on or before each January 1. If an annual payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail, return receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this Contract or Application. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within fi fteen (15) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or interest under this Contract without further notice, and delivery may be immediately curtailed.. The allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District.. Upon cancellation of this water allotment Contract with the District, the District shall notify the Division of Water Resources offices in Denver and Glenwood Springs.. The Division of Water Resources may then order cessation of all water use. 7. Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment: This Contract shall not inure to the benefit of the heirs, successors or assigns of Applicant, without the prior written consent of the District's Board of Directors. Any assignment of Applicant's rights under this Contract shall be subject to, and must comply with, such requirements as the District may hereafter adopt regarding assignment of' Contract rights and the assumption of Contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and filingofproper forms for assignment and change of ownership. In the event the water allotted pursuant to this Contract is to be used for the benefit of land which is now or will subsequently be subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunder to: 1) No more than three separate owners all of whom shall be party to a well sharing agreement satisfactory to the District; or2) A homeowners association, water district, water and sanitation district or other special district properly organized and existing under the laws of the State of Colorado, and then, only if such parties, association or special district establishes to the satisfaction of the District that it has the ability and authority to perform the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract have any rights hereunder, except as such rights may exist pursuant to a well sharing agreement or through a homeowners association or special district as provided above Upon the sale of the real property to which this Contract pertains, Applicant shall make buyer aware ofthis Contract and proper forms for assignment and change of' ownership must be completed. 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. 10. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the board of Directors of the District, if and when, the Board of said District determines in its sole discretion that such an agreement is required.. Said agreement rnay contain, but shall not be limited to, provisions for additional annual monetary 3 consideration for extension of District delivery services arid for additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant 1 1 . Change of Use: The District reserves the exclusive right to review, reapprove or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract.. 12. l Ise and Place of Use: Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this Contract is executed, 01 in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement.. 13. Title: It is understood and agreed that nothing her shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict actual diversions to not exceed the contract amount, which provides water (on the formula of one acre foot per dwelling) for ordinary household purposes inside one single family dwelling, the watering of domestic livestock, fire protection, and the irrigation of lawn and garden as specified in the Application. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained f-omtheColoradoDivision of Water Resources. Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering, provided that in no event shall actual diversions exceed the amount of water provided by this Contract. Violation of this paragraph 15 shall be deemed to be a material breach of this Contract.. 16. Well Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. 17. Measuring Device or Meter: Applicant agrees to provide, at its own expense, a measuring device deemed acceptable by the District's Engineer after consultation, or a totalizing flow meter with remote readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicant's water right and the terms of this Contract. Applicant agrees to provide accurate readings from such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours for the purposes of determining Applicant's actual use of water. 4 I8. Repiesentations: By executing this Contract, Applicant agrees that it is not relying on any legal or engineering advice that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained all necessary legal and engineering advice from Applicant's own sources other than the District.. Applicant further acknowledges that the District makes no guarantees, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this Contract. Should the District be unable to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 19. Costs of Water Court Filing and Augmentation Plan: Should the District, in its own discretion, choose to include Applicant's Contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceedings. Applicant shall be assessed a pro -rata share of the total cost incurred by the District in preparing, filing and pursuing to decree the water court case.. The pro -rata share shall be calculated by dividing such total cost by the number of contractees included in the filing. To the extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicant's Contract in the filing, such additional costs may be charged specifically to Applicant and not shared on a pro -rata basis by all contractees. 20. Binding Agreement: This agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms ofthis agreement. All correspondence from the District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terms and conditions of this agreement. 21. Warning: iT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FiLING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. 22. AREA B. CONTRACTS: iF APPLICANT'S WELL OR OTHER WATER RIGHT THAT IS THE SUBJECT OF THIS CONTRACT iS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT, THEN THIS PARAGRAPH APPLIES: THE AUGIVIENTA TION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANT'S WATER RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER SENIOR RIGHT. NO REPRESENTATION OTHERWISE iS MADE BY THE DISTRICT. IF THIS iS A CONCERN TO APPLICANT, THiS CONTRACT MAY 13E RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT' WITHIN THE NEXT 30 DAYS FOLLOWING THE AFF IXING OF SIGNATURES ON THIS CONTRACT N WHICH EVENT ALL SUMS PAID BY APPLICANT FOR TIIIS CONTRACT SHALL BE IMMEDIATELY REFUNDED TO APPLICANT. Applicant 5 Applicant STATE OF t4cdorjdo COUNTY OF 1. E�ld I he foregoing instrument was rr STATE OF ) ss. acknowledged befb AMANDA B. DUNN t COUNTY OF 1'he foregoing instrument rs �L- day of /1'iDrch , 20 47 , by y, awl Rix**h1061r0110i seal. My commission expires: Notary Public ) ss. was acknowledged before the on this day of , 20 , by . Witness my hand and official seal. My commission expires: Notary Public ORDER After a hearing by the Board of Directors of the West Divide Water Conservancy District on the Application, it is hereby ORDERED that said Application be granted and this Contract shall be and is accepted by the District,. WEST DIVIDE WATER CONSERVANCY DISTRICT By TIES : President Secretary Date N This Contract includes anis subject to the terms and conditions of the following documents which must accompany this Contract: 1. Map showing location of point of diversion (use map provided) 2.. Application and Data Form fully completed and signed The printed portions of this form, except differentiated additions or deletions, have been approved and adopted by the West Divide Water Conservancy District. Form tIWDWCD 050901 CONTRACT. 6 07179-©53-cxa-OIS ?E soot' - o 1 , Sc 14 O UTE - 013 Mese ar79- cps -Li -00-LAC' fax - tpoy W«KG2S1-tAin - (00S- U-) (E € ti -r7 - Q� - oo - I ct4 RE D 12uSfi ac79- 0 2 -Do -c ! MyLLE ' c79 - cD - oo - 00$ 7_(Ez,LE2 - (Do `7 (-7°1- 0 - 00 - - SSC a SCN(LIoCK A%1/4)02F� r3cK 2-95 5(L -r Co FIbsa Dry + Ju LI ( (3 )1 Us 24 R)1, gum CO 8166 L`E0\J N 4-Qea A IA) Leters+-wry L421Kt RD 5414-00 (%-Z Ea Kira-IRyr.) Sc 4ou r 039y FZ)x gUN CC t(); 19AI ES RumQct Rift, Co FIO JTZ {- cQo`n4 7 Likt 3 (92S Loa. IAT Ro 5.14 E(57 Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St.. Denver, Colorado 80203 (303) 866-3581 1095 WELL PERMIT NUMBER 273661 DIV. 5 WD 39 DES. BASIN MD DONALD ZIEGLER PO BOX 2810 GLENWOOD SPRINGS, CO 81602- (970) 379-1280 PERMIT TO CONSTRUCT P. WELL APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 SW 1/4 Section 5 Township 6 S Range 92 W Sixth P.M. DISTANCES FROM SECTION LINES 275 Ft. from South Section Line 1550 Ft. from West Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(I) for uses as described in CRS 37-92-602(1)(f). Use of this well is limited to monitoring water levels and/or water quality sampling. This well is known as Ziegler East Monitoring Well. 4) This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The well must be kept capped and locked at all times except during sampling or measuring. 5) Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to the Division of Water Resources upon request. 6) Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Well Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60 days of plugging. 7) The owner shall mark the well in a conspicuous place with the well permit number and name of aquifer as appropriate, and shall take necessary means and precautions to preserve these markings. 8) This well must be constructed by or under the supervision of a licensed well driller or other authorized individual according to the Water Well Construction Rules. It non-standard construction is anticipated, a variance request must be submitted in accordance with Rule 18 and approved prior to well construction. 9) A Well Construction and Test Report (Form GWS -31), including lithologic log must be submitted by the individual authorized to construct the well. For non-standard construction, the report must include an as -built drawing showing details such as depth, casing, perforated zones, and a description of the grouting type and interval. 7�.;. 10) This well shall be constructed not more than 200 feet from the location specified on this permit. <) s`,moi sa,? ? NOTE: Parcel Identification Number (PIN): 23-2179-054-00-056 NOTE: Assessor Tax Schedule Number: R200399 (totaling 41.85 acres) • EXHIBIT G APPROVED DMW Receipt No. 9502766A State Engineer By DATE ISSUED 05-18-2007 EXPIRATION DATE 05-18-2009 , Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 1095 WELL PERMIT NUMBER 273661 DIV. 5 WD 39 DES. BASIN MD DONALD ZIEGLER PO BOX 2810 GLENWOOD SPRINGS, CO 81602- (970) 379-1280 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 SW 1/4 Section 5 Township 6 S Range 92 W Sixth P.M. DISTANCES FROM SECTION LINES 275 Ft. from South Section Line 1550 Ft. from West Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. Approved pursuant to CRS 37-92-602(3)(b)(I) for uses as described in CRS 37-92-602(1)(f). Use of this well is limited to monitoring water levels and/or water quality sampling. This well is known as Ziegler East Monitoring Well. This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The well must be kept capped and locked at all times except during sampling or measuring. Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to the Division of Water Resources upon request. Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Well Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60 days of plugging. The owner shall mark the well in a conspicuous place with the well permit number and name of aquifer as appropriate, and shall take necessary means and precautions to preserve these markings. This well must be constructed by or under the supervision of a licensed well driller or other authorized individual according to the Water Well Construction Rules. If non-standard construction is anticipated, a variance request must be submitted in accordance with Rule 18 and approved prior to well construction. A Well Construction and Test Report (Form GWS -31), including lithologic log must be submitted by the individual authorized to construct the well. For non-standard construction, the report must include an as -built drawing showing details such as depth, casing, perforated zones, and a description of the grouting type and interval. NOTE: Parcel Identification Number (PIN): 23-2179-054-00-056 NOTE: Assessor Tax Schedule Number: R200399 (totaling 41.85 acres) 10) This well shall be constructed not more than 200 feet from the location specified on this permit. APPROVED DMW \Receipt No. 9502766A i" State Engineer By DATE ISSUED 05-18-2007 EXPIRATION DATE 05-18-2009 Send to: Division of Water Resources Fax: 303-866-3589 1313 Sherman Street, Room 818 Phone: 303-866-3581 Denver, Colorado 80203 * OWNER'S NOTICE OF CONSTRUCTED WELL Construction of my well under Permit No. was completed on , (month) (day) (year) The well was constructed by: . (drilling company) If the pumping equipment has been installed The pump was installed in my well by: (pump company) on , (month) (day) (year) Signed: Date: Phone: The well must be constructed and pump installed by licensed water well construction and pump installation contractors, OR the well may be constructed and/or the pump may be installed by the well owner if the well is constructed and/or pump is installed using equipment owned and operated by the well owner and the well is constructed on his/her own property for his/her own use ("private driller"/"private pump installer"). Work reports must be submitted to the Division of Water Resources in accordance with Rule 17 of the Water Well Construction Rules. Purpose of the "Owners Notice of Constructed Well" It is necessary that your well permit remains valid to allow you and future owners of the property to withdraw ground water from the well for use and to have the well worked on by licensed contractors. First and foremost in maintaining your well permit valid and in good standing is the submittal of the Well Construction and Test Report and the Pump Installation and Test Report (work reports) that licensed contractors (or you, if you constructed the well as a "private driller" or installed the pump as a "private pump installer") are required to submit to the Division of Water Resources. Without the submittal of a work report to show that the well was constructed in conformance with the Water Well Construction Rules and that it is in compliance with the conditions of approval of the well permit, the permit will expire on the expiration date indicated on the permit. Reinstatement of your permit after it has expired or obtaining a new permit for your well may require that you show that the well was constructed by a licensed water well construction contractor (or private driller) and that it meets the required standards of the Water Well Construction Rules. It is much easier and efficient to maintain the valid status of your original well permit than it is to try to have it reinstated after it has expired or to obtain a new permit for the existing structure. Because it is not always easy to confirm that the required reports have been submitted to DWR, this "Owner's Notice of Constructed Well" is provided for your use. Do not give the notice to your contractor to submit. The notice is to be completed by you and mailed or faxed to the Division of Water Resources so that the Division is advised that your well has been constructed. If the required work reports are not then filed within a reasonable period of time, the Board of Examiners can initiate its procedures for obtaining the reports and thereby assist you in keeping your well permit valid. Form No. GWS -7 EXEMPT PERMIT INFORMATION SHEET 6/2006 STATE OF COLORADO OFFICE OF THE STATE ENGINEER 821 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 Fax (303) 866-3589 INFORMATION FOR WELL PERMITS APPROVED PURSUANT TO CRS 37-92-602 (HOUSEHOLD, DOMESTIC, LIVESTOCK AND EXEMPT COMMERCIAL USES) Carefully read the conditions of approval on your well permit. The conditions and the information on this information sheet must be complied with in order for the permit to remain valid. THE PERMIT EXPIRATION DATE IS TWO YEARS FROM THE DATE ISSUED. The well must be constructed and evidence of it's construction must be received by this office in the form of a Well Construction and Test report from the well construction contractor confirming that the well was constructed prior to expiration of the well permit. The well permit number is located in the upper right hand corner of the permit, and the expiration date is located in the lower right hand corner. The expiration date of the permit may be extended one year at a time at the discretion of the State Engineer for good cause shown. If an extension of time is necessary to construct the well, a written request for the extension of time must be received by this office prior to the expiration date of the well permit. In the request, you must provide the well permit number, your name and mailing address and the reasons why the well has not been constructed and approximately when it will be constructed. Water well construction and pump installation contractors are specifically licensed in Colorado to perform these specialized tasks. It is illegal for contractors who do not hold these licenses to construct wells and/or install pumping equipment in or on wells. The well must be constructed and the pump installed by contractors with current license(s) issued by the State of Colorado unless exempted as described on the reverse side. Please ask to see their license(s). Backhoe Operators and Licensed Plumbers may or may not hold the respective Well Construction and/or Pump Installation licenses. Please be aware of this when you contract to construct the well and install pumping equipment. The well construction report including a test of the well yield must be submitted to the office of the State Engineer within sixty (60) days of completion of the work or within seven days after expiration of the permit, whichever is earlier. The pump installation report including a pumping system test must be submitted within sixty (60) days of completion of the work. The contractor(s) must provide you with a copy of the work report(s) filed with the State Engineer. The Well Construction and Test Report, Form Number GWS -31 and the Pump Installation and Test Report, Form Number GWS -32 are available from the Division of Water Resources offices. Additional information regarding well construction, pump installation, required testing and well plugging and sealing regulations are found on the reverse side of this sheet. You have been provided with at least two copies of the well permit. Keep a copy for your records. There is also a copy for the pump installation contractor. Copies have been sent to the driller if you indicated a driller license number on the application, or two additional copies have been enclosed. You may make additional copies for the well construction contractor if you select one different from the one indicated in your application. The original permit is on file in the Denver office Records Section. Copies may be obtained for a fee of 50 cents per page. Statutes require that any change of mailing address or ownership be reported to the State Engineer. Form number GWS -11 is used both by new owners to report ownership changes and current owners to report address changes. If you have questions, contact the Denver Office, or the Division Office in the area where your well is located. Division 1 810 9'h St. 2nd Floor Greeley, CO 80631 Division 2 310 E. Abriendo Ave Ste B Pueblo, CO 81004 Division 3 301 Murphy Drive Alamosa, CO 81101 Division 4 1871 East Main St. Montrose, CO 81401 (970) 352-8712 (719) 542-3368 (719) 589-6683 (970) 249-6622 Fax (970) 392-1816 Fax (719) 544-0800 Fax (719) 589-6685 Fax (970) 249-8728 Division 5 Division 6 Division 7 Denver Office Direct mail to Box 396 Direct mail to Box 773450 701 Camino Del Rio Ste. 1313 Sherman St. Rm. 818 Glenwood Spgs CO 81602 505 Anglers Dr. Suite 101 205 Denver, CO 80203 50633 U.S. Hwy 6 & 24 Steamboat Spgs, CO Durango, CO 81301 (303) 866-3581 Glenwood Spgs., CO 81601 80477 (970) 247-1845 Fax (303) 866-3589 (970) 945-5665 (970) 879-0272 Fax (970) 259-0944 Fax (970) 945-8741 Call first Fax (970) 879-1070 WELL CONSTRUCTION AND PUMP INSTALLATION BY THE WELL OWNER You may construct the well and/or install the pump yourself if the well is for your own use, is on property you own, and is constructed or pumping equipment is installed with equipment owned and operated by you. It is your responsibility to complete and submit the Well Construction and Test Report, Form Number GWS-31 and/or the Pump Installation and Test Report, Form Number GWS-32. These forms are available from our offices. The well must be constructed and the pump installed in accordance with the well construction standards of the State Board of Examiners of Water Well Construction and Pump Installation Contractors. The Water Well Construction Rules are available from Division of Water Resources offices for a fee of $5.00. The Rules cover the minimum requirements for well construction, pump installation, disinfection, plugging and sealing and include contractor licensing regulations. If you are constructing your own well or installing pumping equipment, it is recommended that you obtain a copy of these Rules for reference. RULE 12 WELL TESTING 12.1 General - The provisions of this rule establish minimum standards for the testing of water wells. Every well constructed for the purpose of producing ground water shall be tested to determine: a. a stabilized yield for the well; and b. the production rate of the equipment installed when the well is placed into service. 12.2 Well Yield Test - The yield of a well shall be determined as a stabilized production rate where the withdrawal rate and the drawdown do not change by more than 10 % during the last hour of the test. The test shall demonstrate that either: a. the well is capable of producing the permitted pumping rate for the well; or b. that the maximum yield of the well is less than the permitted production rate. 12.3 Responsibility for Well Yield Test - Well construction contractors are responsible for performing the well yield test and submitting the test data to the State Engineer. If the construction contractor also installs the production equipment, the well yield test may be combined with the production equipment test, provided that the test meets the requirements of Rule 12.2. The construction contractor may forgo the well yield test if he can show that a licensed pump installer will perform the well yield test with the permanent production equipment within thirty (30) days of completion of construction of the well. If the pump installation contractor performs the well yield test, he/she shall submit the test information on the Pump Installation and Test Report. 12.4 Production Equipment Test - The production equipment installed in wells shall be tested to ensure it is functioning as designed. The test shall demonstrate the production capacity of the equipment as actually installed in the well. It is the responsibility of the person installing the pumping system to ensure that the production from the well complies with the conditions of the permit. 12.5 Responsibility for Production Equipment Test - Pump installation contractors are responsible for testing the production equipment installed in a well upon completion of their work. If the well construction contractor determined the well yield and submitted a report, the pump installer need not perform another well yield test. If the pump installer does not perform a well yield test with the permanent production equipment, he shall perform a production equipment test and report the data (results) to the State Engineer on the Pump Installation and Test Report. Wells to be plugged and sealed must be plugged in accordance with of the Water Well Construction Rules. A Well Abandonment Report, form number GWS-9 must be submitted to confirm plugging and sealing of the well. This form is available from our offices. The general Rule for plugging and sealing wells is printed below. The specific rules are found on the reverse side of the Well Abandonment Report form. RULE 16 STANDARDS FOR PLUGGING AND SEALING WELLS AND WELL EXCAVATIONS 16.1 General - The plugging, sealing and abandonment of all wells, monitoring and observation wells, monitoring and observation holes and test holes that are no longer intended for use, and the plugging, sealing, and abandonment of dry holes, collapsed or unusable boreholes, and other incomplete wells or excavations is necessary to prevent contamination of ground water and the migration of water through the borehole. It is the ultimate responsibility of the well owner to have an existing well properly plugged, sealed and abandoned. The well construction contractor or authorized individual is responsible for notifying the well owner in writing of these plugging requirements. Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St , Denver, Colorado 80203 (303) 866-3581 1095 WELL PERMIT NUMBER 273662 DIV. 5 WD 39 DES. BASIN MD DONALD ZIEGLER PO BOX 2810 GLENWOOD SPRINGS, CO 81602- (970) 379-1280 PERMIT TO CONSTRUCT r• WELL APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SW 1/4 Section 5 Township 6 S Range 92 W Sixth P.M. DISTANCES FROM SECTION LINES 560 Ft. from South 1075 Ft. from West Section Line Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(I) for uses as described in CRS 37-92-602(1)(f). Use of this well is limited to monitoring water levels and/or water quality sampling. This well is known as Ziegler West Monitoring Well. 4) This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The well must be kept capped and locked at all times except during sampling or measuring. 5) Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to the Division of Water Resources upon request. 6) Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Well Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60 days of plugging. 7) The owner shall mark the well in a conspicuous place with the well permit number and name of aquifer as appropriate, and shall take necessary means and precautions to preserve these markings. 8) This well must be constructed by or under the supervision of a licensed well driller or other authorized individual according to the Water Well Construction Rules. If non-standard construction is anticipated, a variance request must be submitted in accordance with Rule 18 and approved prior to well construction. 9) A Well Construction and Test Report (Form GWS -31), including lithologic log must be submitted by the individual authorized to construct the well. For non-standard construction, the report must include an as -built drawing showing details such as depth, casing, perforated zones, and a description of the grouting type and interval. 10) This well shall be constructed not more than 200 feet from the location specified on this permit. NOTE: Parcel Identification Number (PIN): 23-2179-054-00-056 NOTE: Assessor Tax Schedule Number: R200399 (totaling 41.85 acres) APPROVED DMW `Receipt No. 9502766B State Engineer By DATE ISSUED 05-18-2007 EXPIRATION DATE 05-18-2009 , Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 1095 WELL PERMIT NUMBER 273662 DIV. 5 WD 39 DES. BASIN MD DONALD ZIEGLER PO BOX 2810 GLENWOOD SPRINGS, CO 81602- (970) 379-1280 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SW 1/4 Section 5 Township 6 S Range 92 W Sixth P.M. DISTANCES FROM SECTION LINES 560 Ft. from South Section Line 1075 Ft. from West Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL I) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(I) for uses as described in CRS 37-92-602(1)(f). Use of this well is limited to monitoring water levels and/or water quality sampling. This well is known as Ziegler West Monitoring Well. t) This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The well must be kept capped and locked at all times except during sampling or measuring. i) Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to the Division of Water Resources upon request. i) Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Well Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60 days of plugging. 7) The owner shall mark the well in a conspicuous place with the well permit number and name of aquifer as appropriate, and shall take necessary means and precautions to preserve these markings. 3) This well must be constructed by or under the supervision of a licensed well driller or other authorized individual according to the Water Well Construction Rules. If non-standard construction is anticipated, a variance request must be submitted in accordance with Rule 18 and approved prior to well construction. 9) A Well Construction and Test Report (Form GWS -31), including lithologic log must be submitted by the individual authorized to construct the well. For non-standard construction, the report must include an as -built drawing showing details such as depth, casing, perforated zones, and a description of the grouting type and interval. 10) This well shall be constructed not more than 200 feet from the location specified on this permit. NOTE: Parcel Identification Number (PIN): 23-2179-054-00-056 NOTE: Assessor Tax Schedule Number: R200399 (totaling 41.85 acres) /0 APPROVED +/ DMW ;` F' r.. ,' 1 4-A.-, ,,... Receipt No. 9502766B State Engineer By DATE ISSUED 05-18-2007 EXPIRATION DATE 05-18-2009 , Send to: Division of Water Resources Fax: 303-866-3589 1313 Sherman Street, Room 818 Phone: 303-866-3581 Denver, Colorado 80203 *" OWNER'S NOTICE OF CONSTRUCTED WELL Construction of my well under Permit No. was completed on , (month) (day) (year) The well was constructed by: . (drilling company) If the pumping equipment has been installed The pump was installed in my well by: (pump company) on , (month) (day) (year) Signed: Date: Phone: The well must be constructed and pump installed by licensed water well construction and pump installation contractors, OR the well may be constructed and/or the pump may be installed by the well owner if the well is constructed and/or pump is installed using equipment owned and operated by the well owner and the well is constructed on his/her own property for his/her own use ("private driller"/"private pump installer"). Work reports must be submitted to the Division of Water Resources in accordance with Rule 17 of the Water Well Construction Rules. Purpose of the "Owners Notice of Constructed Well" It is necessary that your well permit remains valid to allow you and future owners of the property to withdraw ground water from the well for use and to have the well worked on by licensed contractors. First and foremost in maintaining your well permit valid and in good standing is the submittal of the Well Construction and Test Report and the Pump Installation and Test Report (work reports) that licensed contractors (or you, if you constructed the well as a "private driller" or installed the pump as a "private pump installer") are required to submit to the Division of Water Resources. Without the submittal of a work report to show that the well was constructed in conformance with the Water Well Construction Rules and that it is in compliance with the conditions of approval of the well permit, the permit will expire on the expiration date indicated on the permit. Reinstatement of your permit after it has expired or obtaining a new permit for your well may require that you show that the well was constructed by a licensed water well construction contractor (or private driller) and that it meets the required standards of the Water Well Construction Rules. It is much easier and efficient to maintain the valid status of your original well permit than it is to try to have it reinstated after it has expired or to obtain a new permit for the existing structure. Because it is not always easy to confirm that the required reports have been submitted to DWR, this "Owner's Notice of Constructed Well" is provided for your use. Do not give the notice to your contractor to submit. The notice is to be completed by you and mailed or faxed to the Division of Water Resources so that the Division is advised that your well has been constructed. If the required work reports are not then filed within a reasonable period of time, the Board of Examiners can initiate its procedures for obtaining the reports and thereby assist you in keeping your well permit valid. Form No. GWS -7 EXEMPT PERMIT INFORMATION SHEET 6/2006 STATE OF COLORADO OFFICE OF THE STATE ENGINEER 821 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 Fax (303) 866-3589 INFORMATION FOR WELL PERMITS APPROVED PURSUANT TO CRS 37-92-602 (HOUSEHOLD, DOMESTIC, LIVESTOCK AND EXEMPT COMMERCIAL USES) Carefully read the conditions of approval on your well permit. The conditions and the information on this information sheet must be complied with in order for the permit to remain valid. THE PERMIT EXPIRATION DATE IS TWO YEARS FROM THE DATE ISSUED. The well must be constructed and evidence of it's construction must be received by this office in the form of a Well Construction and Test report from the well construction contractor confirming that the well was constructed prior to expiration of the well permit. The well permit number is located in the upper right hand corner of the permit, and the expiration date is located in the lower right hand corner. The expiration date of the permit may be extended one year at a time at the discretion of the State Engineer for good cause shown. If an extension of time is necessary to construct the well, a written request for the extension of time must be received by this office prior to the expiration date of the well permit. In the request, you must provide the well permit number, your name and mailing address and the reasons why the well has not been constructed and approximately when it will be constructed. Water well construction and pump installation contractors are specifically licensed in Colorado to perform these specialized tasks. It is illegal for contractors who do not hold these licenses to construct wells and/or install pumping equipment in or on wells. The well must be constructed and the pump installed by contractors with current license(s) issued by the State of Colorado unless exempted as described on the reverse side. Please ask to see their license(s). Backhoe Operators and Licensed Plumbers may or may not hold the respective Well Construction and/or Pump Installation licenses. Please be aware of this when you contract to construct the well and install pumping equipment. The well construction report including a test of the well yield must be submitted to the office of the State Engineer within sixty (60) days of completion of the work or within seven days after expiration of the permit, whichever is earlier. The pump installation report including a pumping system test must be submitted within sixty (60) days of completion of the work. The contractor(s) must provide you with a copy of the work report(s) filed with the State Engineer. The Well Construction and Test Report, Form Number GWS -31 and the Pump Installation and Test Report, Form Number GWS -32 are available from the Division of Water Resources offices. Additional information regarding well construction, pump installation, required testing and well plugging and sealing regulations are found on the reverse side of this sheet. You have been provided with at least two copies of the well permit. Keep a copy for your records. There is also a copy for the pump installation contractor. Copies have been sent to the driller if you indicated a driller license number on the application, or two additional copies have been enclosed. You may make additional copies for the well construction contractor if you select one different from the one indicated in your application. The original permit is on file in the Denver office Records Section. Copies may be obtained for a fee of 50 cents per page. Statutes require that any change of mailing address or ownership be reported to the State Engineer. Form number GWS -11 is used both by new owners to report ownership changes and current owners to report address changes. If you have questions, contact the Denver Office, or the Division Office in the area where your well is located. Division 1 810 9th St. 2nd Floor Greeley, CO 80631 Division 2 310 E. Abriendo Ave Ste B Pueblo, CO 81004 Division 3 301 Murphy Drive Alamosa, CO 81101 Division 4 1871 East Main St. Montrose, CO 81401 (970) 352-8712 (719) 542-3368 (719) 589-6683 (970) 249-6622 Fax (970) 392-1816 Fax (719) 544-0800 Fax (719) 589-6685 Fax (970) 249-8728 Division 5 Division 6 Division 7 Denver Office Direct mail to Box 396 Direct mail to Box 773450 701 Camino Del Rio Ste. 1313 Sherman St. Rm. 818 Glenwood Spgs CO 81602 505 Anglers Dr. Suite 101 205 Denver, CO 80203 50633 U.S. Hwy 6 & 24 Steamboat Spgs, CO Durango, CO 81301 (303) 866-3581 Glenwood Spgs., CO 81601 80477 (970) 247-1845 Fax (303) 866-3589 (970) 945-5665 (970) 879-0272 Fax (970) 259-0944 Fax (970) 945-8741 Call first Fax (970) 879-1070 WELL CONSTRUCTION AND PUMP INSTALLATION BY THE WELL OWNER You may construct the well and/or install the pump yourself if the well is for your own use, is on property you own, and is constructed or pumping equipment is installed with equipment owned and operated by you. It is your responsibility to complete and submit the Well Construction and Test Report, Form Number GWS -31 and/or the Pump Installation and Test Report, Form Number GWS -32. These forms are available from our offices. The well must be constructed and the pump installed in accordance with the well construction standards of the State Board of Examiners of Water Well Construction and Pump Installation Contractors. The Water Well Construction Rules are available from Division of Water Resources offices for a fee of $5.00. The Rules cover the minimum requirements for well construction, pump installation, disinfection, plugging and sealing and include contractor licensing regulations. If you are constructing your own well or installing pumping equipment, it is recommended that you obtain a copy of these Rules for reference. RULE 12 WELL TESTING 12.1 General - The provisions of this rule establish minimum standards for the testing of water wells. Every well constructed for the purpose of producing ground water shall be tested to determine: a. a stabilized yield for the well; and b. the production rate of the equipment installed when the well is placed into service. 12.2 Well Yield Test - The yield of a well shall be determined as a stabilized production rate where the withdrawal rate and the drawdown do not change by more than 10 % during the last hour of the test. The test shall demonstrate that either: a. the well is capable of producing the permitted pumping rate for the well; or b. that the maximum yield of the well is less than the permitted production rate. 12.3 Responsibility for Well Yield Test - Well construction contractors are responsible for performing the well yield test and submitting the test data to the State Engineer. If the construction contractor also installs the production equipment, the well yield test may be combined with the production equipment test, provided that the test meets the requirements of Rule 12.2. The construction contractor may forgo the well yield test if he can show that a licensed pump installer will perform the well yield test with the permanent production equipment within thirty (30) days of completion of construction of the well. If the pump installation contractor performs the well yield test, he/she shall submit the test information on the Pump Installation and Test Report. 12.4 Production Equipment Test - The production equipment installed in wells shall be tested to ensure it is functioning as designed. The test shall demonstrate the production capacity of the equipment as actually installed in the well. It is the responsibility of the person installing the pumping system to ensure that the production from the well complies with the conditions of the permit. 12.5 Responsibility for Production Equipment Test - Pump installation contractors are responsible for testing the production equipment installed in a well upon completion of their work. If the well construction contractor determined the well yield and submitted a report, the pump installer need not perform another well yield test. If the pump installer does not perform a well yield test with the permanent production equipment, he shall perform a production equipment test and report the data (results) to the State Engineer on the Pump Installation and Test Report. Wells to be plugged and sealed must be plugged in accordance with of the Water Well Construction Rules. A Well Abandonment Report, form number GWS -9 must be submitted to confirm plugging and sealing of the well. This form is available from our offices. The general Rule for plugging and sealing wells is printed below. The specific rules are found on the reverse side of the Well Abandonment Report form. RULE 16 STANDARDS FOR PLUGGING AND SEALING WELLS AND WELL EXCAVATIONS 16.1 General - The plugging, sealing and abandonment of all wells, monitoring and observation wells, monitoring and observation holes and test holes that are no longer intended for use, and the plugging, sealing, and abandonment of dry holes, collapsed or unusable boreholes, and other incomplete wells or excavations is necessary to prevent contamination of ground water and the migration of water through the borehole. It is the ultimate responsibility of the well owner to have an existing well properly plugged, sealed and abandoned. The well construction contractor or authorized individual is responsible for notifying the well owner in writing of these plugging requirements. 4) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 5) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6) If the well is to be shared, a legal, well sharing agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs. 7) The water quality is tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. For water supplies based on the use of cistern, the tank shall be a minimum of 1000 gallons. E. Method of sewage disposal, and a letter of approval of the fire protection plan from the appropriate fire district. F. All State and local environmental health and safety requirements have been met or are in the process of being met. G. Provision has been made for any required road or storm drainage improvements. H. Fire protection has been approved by the appropriate fire district. I. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained. J. All applicable taxes and special assessments have been paid. III. PROCEDURAL REQUIREMENTS (The following steps outline how the Exemption from the Definition of Subdivision application review process works in Garfield County.) 1. Submit 2 copies of this completed application form (pages 1-6) including all submittal requirements and the base fee to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness within 15 working days. The Planning Department may request an extension of time from the Board of County Commissioners for such review not to exceed an additional fifteen (15) working days. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete in addition to requesting additional copies of the application to be provided to the Board of County Commissioners for their review in preparation for the public hearing. 3. Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Exemption application. (If 4 Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 4. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the petition for an Exemption for the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed Exemption from the Definition of Subdivision and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described in the paragraph above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 5. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request for Exemption for the subject property. In addition, the Applicant shall provide proof at the hearing that proper notice was provided. 6. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally approve or deny the exemption request. The reasons for denial, or any conditions of approval, shall be set forth in the minutes of the meeting or in a written Resolution. An applicant denied exemption may follow the subdivision procedure in these Regulations. 7. Once the Board makes a decision regarding the request for an Exemption, Staff will provide the Applicant with a letter affirming the action taken by the Board with a list of conditions, if any, to be completed by the applicant. 8. A plat of an approved or conditionally approved exemption shall be presented to the Board for signature within 120 days of approval. The plat shall include a Legal description of the exempted property, and Exemption Certificate, the County Surveyor's Certificate and a statement, if four (4) tots, parcels, or interest have been created on the parcel, that "NOTE: No further divisions by exemption from definition will be allowed." The plat shall be recorded with the County Clerk and Recorder no later than thirty (30) days after the Chairman's signature. The Chairman of the Board of County Commissioners shall not sign 5 a plat of a conditionally approved exemption until all conditions of approval have been complied with. 9. The Applicant shall be required to submit a paper copy of the plat and proof that all the conditions of approval have been met to the Building and Planning Department at least twenty-one (21) days prior to the expiration of the 120 -day deadline required for signing the plat by the Board. This is to ensure timely Staff review of the materials submitted as well as proper scheduling the plat to be signed by the board. 10. Once all of the conditions, if any, have been satisfied, an Exemption Plat shall be presented to the Board for signature within 120 days of approval. The plat shall include a legal description of the exempted property, and Exemption Certificate, the County Surveyor's Certificate and a statement, if four (4) lots, parcels, or interest have been created on the parcel, that "NOTE: No further divisions by exemption from definition will be allowed." The plat shall be recorded with the County Clerk and Recorder no later than thirty (30) days after the Chairman's signature. The Chairman of the Board of County Commissioners shall not sign a plat of a conditionally approved exemption until all conditions of approval have been complied with. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. (Signature of applicant/owner) Date Last Revised: 2/2006 6 Narrative Explanation Ziegler Subdivision Exemption This is an application for subdivision exemption for that parcel of real property owned by Donald R. Ziegler (the "Applicant") located in Garfield County at the address of 0092 County Road 227, Rifle, Colorado 81625 (the "Ziegler Parcel"). A copy of the vesting deeds are attached hereto as Exhibit A. The Ziegler Parcel contains approximately 41 acres and is located in the A/R/RD zone district. Approval of this application will result in the creation of three (3) lots which are more particularly described within the Ziegler Exemption Plat attached hereto as Exhibit B. As confirmed under that deed, attached hereto as Exhibit C, the Ziegler Parcel has existed in its present configuration since 1963 and is not part of a recorded subdivision thus satisfying the Section 8:52 A. Review Criteria. Addressing the remaining submission requirements, Applicant states as follows: 1. The names and addresses of the owners of record of land immediately adjoining and within 200' of the Ziegler Parcel are set forth within Exhibit D, attached hereto. The owners of severed mineral interests are set forth within the Mineral Ownership Report attached hereto as Exhibit E. 2. The evidence of soil types and characteristics is set forth in the correspondence of Christopher Manera, P.E., Colorado River Engineering of May 30, 2007, attached hereto as Exhibit F. 3. Domestic water shall be provided to the proposed Ziegler Parcel pursuant to domestic well for which well permits have heretofore been obtained from the State Engineer. Copies of said well permits are attached hereto collectively as Exhibit G. Lots 2 and 3 shall be served from the same well pursuant to well sharing agreement to be drafted and filed coincident with plat filing. The legal source for diversions under said wells pursuant to those contracts with the West Divide Water Conservancy District attached hereto collectively as Exhibit H. The adequacy of the proposed water supply above stated is set forth within the correspondence of Christopher Manera, P.E., Colorado River Engineering of April 24, 2007 attached hereto as Exhibit I. 4. The proposed method of sewage disposal is ISDS (engineered). Fire protection/issues are addressed in the correspondence of Mr. Brit C. McLin, Burning Mountain Fire Protection District of March 23, 2007 attached hereto as Exhibit J. Narrative Explanation - Ziegler Subdivision Exemption Page 1 E: IZIZiegter, DonSubdivision ExemptionlZiegter Subdivision Exemption Narrative.wpd H1tlUN Z�- r LOTS 2 AND 3 F O F. DQE. 4 110 0• F � C1-1 Lfj w q M ,4 o V W U'' U ti W O Cr) ca C4 T fi . o F W [\Cn 4. -T-1 '........{ [n W U L'I'`' o N''' m W Z 3 o taG @@ F U 35�� 5ae5� W yt 1 a5 Py'= ah pp;�a °`a 3.C., kC6E 1G :i es °a��S $ �. gg4IR. ase e R�t .eeE�,aL a e ala! ityr 244, ergRi /59 ��gkk EM tt ke't CY e igg Be Y4 Qg� €ggY aeg • lam104'a sNag ego aSk ar�gs a5 1,1 0 Pt eek 55"i t. 53 stRE lititt Donald R. Ziegler Lunim31145 Highway 6 & 24 momuissi 41.85 acres City of Rifle, CO own of Silt, C 1%4^ MILE OFFSET PROPERTY (From Ziegler Boundary) 1a;R (r\r rtl p »mate Boundary) PO Box 1301COLORADO Rifle, CO 81650 RIVER Tel 970-625-4933 Fax 970-625-4564 ENGINEERING Civil Engineering r Nater Rights, Augmentation Plans *Groundwater, Well Permitting •Hydrology, Flood Plain Analysis ‘Canals, Pipelines, Dams Division of Water Resources Well Locations Ziegler Property near Silt, CO lob No: 712 -Ziegler File Name: genloc.dwg Drawn by: MH J Aprvd by: CM Date. Apr 24, 2007 FIGURE N0 1 Table 1 - Ziegler Nearby Wells A WELL WELL_ RECEPT TOO. PERITSV STAT DATE STAT COOS ACT LATE AO] °ESC LSE? 65UEDGTE FIRST= AOUPERI YELD DOOM LEVEL NAME ADOUSE 00 STATE SP 6113100/11.5 LOT pM510N WD COUNTY PM ENG RDF 75 TON 55C 0100 010 010 to 1661R EW MOM DATLO ZONE ACCURACY 0.0110 5.301 .1109 coopc 911393 25911 WW MryM Am{6N WN 1100199 Tera. 110]]1405 VAN mall ALL YLIEYME =MEMO 11001155 Iv]TNtea AOLaFEns 15 SF 51 tem:Km a 55 w10 w RIFLE CO 81103 6 450WFIELD 5 ASW 55 SSW Sn 3035 5030E I1A013 13067 SECT VIES B WELL_ WELL_ WELL RECEIPT PE 84840 IE1Rl1*31 STAT DATE STAT WOE ACT DATE ACT OFSC UBE1 ISSUE000E FRSTUSE AOUBER1 WELD °EPM LRE, POE ADDRESS CITY STATE DP SUBWNM4 LOT MN50N WO COUNTY W TO R015 T5 TDP SEC 019 040 010 NS ODD SW ETON DATA/ ZO1E A011556rY COOED 0O111,0 WORD COOED OOO MON 23 0]1512 *550102 ALL ANNAE° DOSES. 001111973 115611973 AOI3FTR5 15 CELEWSp 40 56 EOIOND PO BM 7115F RFLE co moo 2 GARFELD s 93w 6 S SE 135 6 19 5 IIA063 13 06T SECT LEES C WELL WELL 0H& OW' ICO COOED WORD COOED RECEPT PEMENO PERIBTSUF STAT DATE STAT CODE ACT DATE AOT DESC MSE. 4000 00*TE 5W511AE /OMIT NOD DEPTH LEVEL NATE ADDRESS CDY STATE DP SUSED AIE LOT 1015907 WO COUNTY PM RIO RDF T5 TOR SEC 019 GT 010 T5 MDR EW EINOIR DATUM ZOIE ACCURACY ALL LOILAIED 911366 3131 0013615 .215rwAntrum 10 n 27 VANCE LEEC NEW COME CO elan 3a GARrriD 5 /3Rd eS 5 S SAN RAGE 13 QUARTERED D WEL. WELLWEIL COOED CORO COOED Doom REPT 90401110 POTOSUF STAT DATE STAT MOE ADT DATE ADT EESC USE. 0.10:10015 FIRSTuff POWER? 3500 MOB LEVEL MBE ACTRESS CET STATE ID 5300000E LIST 0rvs00 60 COUNTY Pee TO ROR TS "DTI 5E0 0140 m 010 NS NSDR 5W MDR DATUM ZONE *003120, 63.33 301333 Au Wr T5.I 415000012KMI 1N5S T ONE 10152 41611F 51611E 010501E ▪ 6i PLOT 5.119. OOAESIIC swimtL1I514IaEPER. 15 A 36 JULE 0551 CNN R021O piLE CO 1169 a0IRDED 5 SD IN 55 55W SW 1405 4100E 71009 CIDSTIST VES E RECEPI PER/OW PERLE16LF STAT DATE STAT COOS ALT DATE ACT DSC U5E1 .1161 TOO WELL_WELLWELL COOK° 74CR0 COOED COOED ISSUEDDATE AMIE AGUFERI MELD DEPTH LEVEL NNE ADDRESS CITY 6701E EP 90000161E LOT DIVISOR WD COVE!' RI RIC PT, 15 TOE Ola 010 010 IE ESOP, EW MCC MEW MAIL ACCURACY Cin 9015.95. ALL mamma and Wa PTSN 1800050 1Z45EtlNA561 120521140 mom 055015110 13m9t5m 145951 POST% 15 PEABODY SO OMDRF L OTODIX RUN !WU CC H19 30 DMITELD 5 Tw 6_ SDA 51 ED 2510 IN MA09 13 067 SECT UME5 F WELL_ WELL_ WELL WORD OOORO COOR0 COJRO RECFio7 P6M1NC POSRT51f STAT DAR TAT CODE ACT GTE 501 ONO 1951 054.50007E PRSTIS0 ASSAFERI WELD 407E LEVEL PARE TOROS OM RATS ID 44PWWE LOT *164001 WD COUNTY PN 961 ROE T5 OW EC ONO O9 010 NS UPON EW SWOT GRED ZONE ACOJRACY ANTLERS ORONIID W41I55A51 1WNEIRD DEVELOPS!. 0414164 101153 4301150] SOTO mac IEE OILY 501/1597 POU- 96L5 15 72 11052611 MY PO 400X401 YT CO MAU T CORP 615 5 39 GARFIED 5 9W 05 5E 5W 4005 779E RADS 13 DIST OCT LINES G COOT' COORD CAMEO COOT: RECOP1 PERNINO PERNTF 31 STAT DATE STAT COTE ACT DATE ACT 5*50 16E1 Lau*DQA15 FRS11S5 00054011 TE1D 059111 IEAE1 NAME AMEN CRY STATE DP WpNWAE LOT 061909 WD COUNTY RN 91G MR TS TOE SEC 059 010 010 PE NSD' EW ENDA DATUM 115E ACCURACY ANTLERS ALL ORp1Nm NW 9451 HOUSEHOLD 1/96950 DEN:LOILEN 06OOT 501153 60519] *OUT 5I1w. USE ONLY 101/1007 AOUPER9 15 13 6T GILBERT RAY PO EOM 101 MT CO 5162 TCQP 510 5 2GARFIEL0 5 QW 55 PSE RW 595 720E NADU 13 MST SECT LMES M IS 55511 Pa5I510 PETREL. STAT DATE STAT COLE ACT DATE ATT Deet 1151 WN INWI NOW:STOW auto% SOTO 4110491 430'19115.55. 116E ONLY WELL WELL WTI_ CCORD COOED COMO CO0R0 00IEDDATE TOME MUM. VELD DEPT11 LEVEL RINE *4055 OTT STATE ID SUMBA105 LOT MOOT Wp COUNTY FY RIO RDE T5 TDR SEC 009 040 010 NS 1609 EW MOIR DATLO 309E ACC RAC1 ANRERS ALL ALL M4D DEW, OMEN 601116031 ACM.. 12 n 65 QUEST SAY 1050.5401 ET CO 51E5-7 WRQ 52A 5 Si CURFEW 5 IC 55 SE WV 7206 1150E MOO 13 DST SECT UES Don Ziegler Mr. Ziegler: Burning Mountains Fire Protection District burningmntsfpd@msn.com 23 March 2007 Per our discussions via telephone this letter is to confirm that, at this point of your project, the Burning Mountains Fire Protection District has no concerns. Be aware that the actual occupancy(ies) will determine if and what types of ancillary fire protection measures will be required. If I can be of further assistance, please let me know. President, Adria Milton -Baker Vice President, Mary L. Haggart Secretary, Marc Jaffrey Brit C. McLin Fire Chief, Brit MeLin Station #1 Administration PC Box 2 611 Man Street Silt, CO 81652 (970) 876 5738 Fax (970)- 876-2771' Sfalion #2' 731 West Main New Castle, CO 81647" (970) 984 3412 Station #3 5255 CR 335 New Castle, CO 81647 ii (9713) 984-3323 Treasurer, John W. Gredig Director, Bob Thrower EXHIBIT tests as described in the Garfield County regulations. Once the well permits or monitoring well permits are obtained, we recommend the well be drilled and tested. If you have any questions, please feel free to call our office at 970-625-4933. Sincerely, Colorado River Engineering, Inc. Christopher Manera, P.E. Encl: CM: mh M:1CREjobfiles1712-Ziegler\ Water Supply.doc II. EXEMPTION APPLICABILITY Pursuant to section 8:50 of the Subdivision Regulations, the Board of County Commissioners has the discretionary power to exempt a division of land from the definition of subdivision and, thereby, from the procedure in these Regulations, provided the Board of County Commissioners determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board has determined that leases, easements and other similar interests in Garfield County owned property, land for oil and gas facilities, and an accessory dwelling unit or two family dwelling that are subject to leasehold interest only and complying with the requirements of the Garfield County Zoning Resolution, are exempt from these regulations. A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973. In order to qualify for exemption, the parcel as it existed on January 1, 1973, must have been 35 acres or greater in size at the time and not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad), preventing joint use of the proposed tracts, and the division occurs along the public right- of-way, such parcels thereby created may, at the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable. For the purposes of definition, all tracts of land 35 acres or greater in size, created after January 1, 1973 will count as parcels of land created by exemption since January 1, 1973. B. All Garfield County zoning requirements will be met. C. All Tots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained. D. Provision has been made for an adequate source of water in terms of the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot. Proof of a legal supply shall be an approved substitute water supply plan contract; augmentation plan; an approved well permit; legally adjudicated domestic water source or a contract for a permanent legal supply of domestic water to be hauled from an outside site for a cistern. Proof of the physical supply from a well for the public meeting, may be documentation from the Division of Water Resources that demonstrates that there are wells within a '/4 mile of the site producing at least five (5) gallons/minute. Prior to the signing of a plat, all physical water supplies using a well shall demonstrate the following: 1) That a four (4) hour pump test be performed on the well to be used. 2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing draw down and recharge; 3 GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com Exemption from the Definition of Subdivision GENERAL INFORMATION (To be completed by the applicant.) i- Street Address / General Location of Property: 31145 Highway 6 & 24 Rifle, CO 81650 Legal Description of Parent Property: See Attached Legal , Size of Property (in acres) as of January 1, 1973: 41.85 Acres Current Size of Property to be Subdivided (in acres): Same y- Number of Tracts / Lots Created Including remainder of Parent Property: 3 Y Proposed size of Tracts / Lots to be Created Including remainder of Parent Property: • Lot #: 1 containing 16.70 acres • Lot #: 2 containing 3.36 acres • Lot #: 3 containing 21.18 acres o Lot #: containing acres o Lot #: containing acres Property's Zone District:Burning Mountain Fire Provention District i- Name of Property Owner (Applicant): Donliegier ➢ Address: 0092 County Road 227 Telephone: 970-379-1280 City: Rifle State: co Zip Code: 81650 FAX: ➢ Name of Owner's Representative, if any (Planner, Attorney): Timothy A. Thulson ➢ Address: 818 Colorado Ave. Telephone: 970-945-6546 City: Glenwood Springs State: CO Zip Code: 81601 FAX: 970-945-8902 STAFF USE ONLY Doc. No.: Date Submitted: TC Date: I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, an applicant requesting an Exemption from the Definition from Subdivision ("Exemption") shall specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Provide a narrative explaining why exemption is being requested. 2. Sketch map at a minimum scale of 1"=200' showing the legal description of the property, dimension, area, and legal description of all proposed lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities. 3. Vicinity map at a minimum scale of 1"=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used. 4. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant. 5. Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees of mineral owners of record of the property to be exempted, and tenants of any structure proposed for conversion. 6. Evidence of soil types and characteristics of each type located on the property. 7. Provide proof of legal and adequate source of domestic water for each lot created. 8. Method of sewage disposal. 9. Provide a letter of approval of fire protection plan from the appropriate fire district in which the subject property is located. 10. If connection to a community or municipal water or sewer system is proposed, submit a letter from the governing body stating a willingness to serve the property. 11. It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel, as it existed on January 1, 1973. 12. A $300.00 Base Fee: Applicant shall sign the Agreement for Payment form and provide the fee with the application. 13. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Exemption application has been deemed technically complete. 2 Craig Richardson From: Mark Kadnuck[makadnuc@smtpgate.dphe.state.co.us] Sent: Thursday, August 23, 2007 1:45 PM To: Craig Richardson Subject: Ziegler Subdivision It appears that this subdivision consists of three lots/residences on wells and engineered ISDSs. This will not fall under CDPHE - WQCD regulations. Mark A. Kadnuck, P.E. CDPHE-WQCD 222 S. 6th Street, Rm 232 Grand Junction, CO 81501 ph: 970-248-7144 fax: 970-248-7198 email: mark.kadnuck@state.co.us 1 1111 It'd 111145111.1iiiiIiiiiilitriNFAii Mid 11111 Reeeptiontt: 718230 03/02/2007 03.36 11 PM 8.1899 P:0145 Jean Alberico of 3 Rec Fee:$16 00 Doc Fee:120.00 GARFIELD COUNTY CO WARRANTY DEED CHARLES HOWARD ROBINSON and CLARICE JANE ROBINSON, P.O. Box 1185, Rifle, Colorado 81650 ("Grantors"), for One Million Two I lundred Thousand Dollars ($1,200,000) and other good and valuable consideration, in hand paid, does hereby sell and convey to DONALD R. ZIEGLER, whose address is P.O. Box 2810,01 enwood Spri gs CO 81602 ,/iPtiir 0f c /AW0' ("Grantee"), the following described real property situate in the County of Garfield, State of Colorado, to - wit: All that part of the S'/2SW'/4 and SW'/4SE'/4 Section 5, also all that part of Lots 2 and 3, Section 8, all in. Tp. 6 S., R. 92 W., of the 6'h P.M., lying northerly of the present U.S. Highway No. 6 and 24, and southerly of the Ditch in use, known as the Cactus Valley Ditch, described as follows: Beginning at a point on the Easterly line of said SW'/4SE'/4 of Section 5; whence the South East corner o f said Section 5 bears S. 83'57' E. 1348.03 ft.; thence S. 282.7 ft. along the Easterly line of said SW'/4SE% and the Easterly line of said Lot 2 Section 8 to a point on the Northerly line of said Highway; thence N. 83'17' W. 615.9 ft. along the Northerly boundary of said Highway; thence N. 88'00' W. 849.2 ft. along the Northerly boundary of said Highway; thence N. 87'59' W. 1436.8 ft. along the Northerly boundary of said Highway; thence N. 33'48' W. 538.4 ft.; thence N. 57'40' E. 116.0 ft.; thence N. 46'39' W. 132.46 ft.; thence N. 17°20' W. 183.85 ft.; thence N. 80'49' E. 20.0 ft.; thence S. 89°54' E. 11.48 ft. to a point in the center of said Cactus Valley Ditch; thence N. 85'31' E. 524.82 ft. along the center line of said ditch; thence N. 81°22' E. 183.64 ft. along the center line of said ditch; thence S. 77'34' E. 378.49 ft. along the center line of said ditch; thence S. 57'56' E. 157.74 ft. along the center line of said ditch; thence S. 74'48' E. 376.49 ft. along the center line of said ditch; thence S. 82'45' E. 397.35 ft. along the center line of said ditch; thence S. 59'47' E. 302.54 ft. to a point in the center of said ditch; thence S. 67°48' E. 847.42 ft. along the center line of said ditch; thence N. 71'27' E. 218.0 ft. along the center line of said ditch; to a point on the easterly line of said SW'/4SE%, the point of beginning. Containing 41.85 acres, more or less. Common address: 31145 U.S. Highway 6, Rifle, Colorado 81650. RESERVING, HOWEVER, unto Grantors an undivided one-fourth (1/4th) interest in and to all of the oil, gas and other minerals in and C \Document. and SerrinKafmni Desk lDcsklop,CI.IENTRobinyonNa'2-21.07 Warranty Dced wpd 1 Return to: Don Ziegler P.O. Box 2810 Glenwood Springs CO 81602 EXHIBIT A 1111 Ili vowoo) whismineoly3F0411111 Reception$ 718230 03/02/2007 03:36.11 PM 8:1899 P:0146 Jean Rlberleo 2 of 3 Reo Fee:$16 00 Doc Fee:120.00 GPRFIELD COUNTY CO under the Property described above; and FURTHER RESERVING unto Grantors, the right to exclusive possession of the Property above described, through and including May 31, 2007. Unless sooner surrendered, all such possessory rights of Grantors shall be deemed terminated as of May 31, 2007 at 12:00 midnight. TO HAVE AND TO HOLD PIE SAME, together with all appurtenances and privileges thereto belonging or in anywise thereto appertaining; and Grantors warrant title to the same, except and subject to: the possessory rights of third parties in and to those parts of the property, if any, lying outside the established fencelines; easement and right- of-way for the Cactus Valley Ditch and Mallory Gulch; prior reservation of undivided one- half ('/z) interest in all oil, gas and other minerals as contained in Deed recorded March 12, 1963, in Book 347 at Page 478, and any assignments thereof; terms and conditions of utility easement to Public Service of Colorado, recorded February 22, 1993 in Book 855 at Page 206; terms and conditions of Property Line Agreement recorded September 12, 2002 in Book 1385 at Page 651; and general property taxes for calendar year 2007, not yet due and payable. (All references to Book and Page pertain to the records of the Garfield County Clerk and Recorder). Dated this \ day of _� LP,8 c t-1 , 2007. C IOeotnncwlt and SoungstFroni De.10Desklop\CLIEMVIobinson•l oci2.2t.tn Wamanbe Deed.wpd GRANTORS: L -f 2Lc yCc>) Charles Howard Robinson CLARICE JANE ROBINSON By: // Charles Howard Robinson Attorney -in -Fact 2 111K IMIJ,I Ih IIilNi' 'IGti NSI 11111 Reception#: 718230 03/02/2007 03.36:11 PM 0:1899 P.0147 Jean Alberico 3 of 3 Rec Fee $16.00 Doc Fee 120.00 GARFIELD COUNTY CO STATE OF COLORADO ) COUNTY OF GARFIELD ) SS. The foregoing instrument was acknowledged before me this \ day of Y\ARc 1-1 , 2007, by Charles Howard Robinson, individually, and by Charles Howard Robinson, as attorney-in-fact for Clarice Jane Robinson. Witness my hand and official seal. My commission expires: .,::. . L. k-lUI riELL vRY PUBLIC ' :'1 COLORADO Commlcslon Expires 04/08)08 C.d)ocvment, and Scinnod'rau DakODcskiop\CLIENT\Rommon1Doc•2.23u7 Warranty Deed.wpd 3 imp No ublic