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Home My WebLink About3.0 BOCC Staff Report 06.16.2008• June 20, 2008 Tim Thulson Balcomb & Green, P.C. 818 Colorado Avenue Glenwood Springs, Colorado 81602 VIA EMAIL Reference: Ziegler Exemption Dear Mr. Thulson, BUILDING & PLANNING DEPARTMENT As you are aware, on Monday, June 16, 2008, the Board of County Commissioners conditionally approved the Exemption from Subdivision Regulations for the Ziegler Parcel located at 31145 Highway 6 & 24. That exemption allows for the property to be divided into four parcels. Several of the conditions of approval require action prior to the signing of the plat, and pursuant to Section 8:33 you have 120 days in which to record the plat. Please feel free to contact me with any questions you may have, otherwise we will await the additional information and the mylar for conclusion to the application. incerely, athy Ea , AICP Senior ' • n er 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 Exhibits - Ziegler Exemption BOCC Public Hearing on 06/16/2008 Exhibit Letter (A to Z) Exhibit A Mail Receipts B Proof of Publication C Garfield County Zoning Resolution of 1978, as amended D Garfield County Subdivision Regulations of 1984, as amended E Garfield County Comprehensive Plan of 2000 F Application G Staff Memorandum H Letter dated May 28, 2008 from Michael Erion, Resource Engineering I Email dated May 8, 2008 from Dan Roussin, CDOT with attachments J Letter dated May 14, 2008 from Cynthia Love, Division of Water Resources BOCC 6/16/2008 KE Donald Ziegler Subdivision Exemption PROJECT INFORMATION AND STAFF COMMENTS REQUEST APPLICANT / OWNER REPRESENTATIVE LOCATION SITE DATA WATER SEWER ACCESS EXISTING ZONING STAFF RECOMMENDATION Exemption from the Definition of Subdivision Donald Ziegler / Peregrine 08 Investments, LLC Tim Thulson, Balcomb & Green 31145 HWY 6 & 24, Rifle, CO 41.85, Parcel No. 2179-054-00-056 Well ISDS Highway 6 & 24 ARRD Approval E Donald R. Ziegler 31145 Highway 6 & 24 41.85 acres City of Rifle, CO own of Silt, C 1 • BOCC 6/16/2008 KE I PROPOSAL The Applicant, Peregrine 08 Investments, LLC is requesting approval for an Exemption from the Definition of Subdivision which, if approved will create four (4) lots from a 41.85 acre parcel. An application for Subdivision Exemption was approved by the BOCC at a Public Hearing on September 10, 2007 which created three (3) Tots on the 41.85 acres. The applicant never recorded the plat due to the proposed change to create four (4) lots as submitted in the current application. The following breakdown describes each of the proposed Tots: Lot 1 17.798 acres Lot 2 3.362 acres Lot 3 5.304 acres Lot 4 14.780 acres Access is proposed to be a common entry access easement to Highway 6 with interior roads designed to primitive road designation standards (40 feet width). II REFERRAL COMMENTS Staff referred the application to the following agencies/County Departments for their review and comment. Comments received are attached as exhibits and incorporated into the memorandum where applicable. a. County Vegetation: No comments received. b. Colorado Department of Transportation: EXHIBIT I c. Division of Water Resources: EXHIBIT J d. Resource Engineering (on behalf of the County): EXHIBIT H III RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located in Study Area 2 of the Comprehensive Plan of 2000 and is designated Outlying Residential. Outlying Residential has a density requirement of two or more acres per dwelling unit. The uses and acreage proposed by the Applicant conform to the Comprehensive Plan. IV ISSUES AND CONCERNS Subdivision Exemption Regulation/Property Eligibility Section 8.52 of the Garfield County Subdivision Regulations states that "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 larger than thirty five (35) acres in size at that 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), 2 BOCC 6/16/2008 KE preventing joint use of the proposed tracts, and the division occurs along the public right- of-way, such parcels thereby created may, in 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 thirty five (35) acres or greater in size, created after January 1, 1973, will count as parcels of land created by exemption since January 1, 1973." Staff Findings The subject property existed in its current configuration prior to January 1st, 1973 with deeds provided regarding conveyance of the parcel as it existed in 1963 to the present. • A copy of the deed conveying the property from Loren Jewell and Elvina Jewell to Charles Howard Robinson and Clarice Jane Robinson (Reception No. 220673). • The subject property was conveyed to Donald Ziegler by Charles and Clarice Robinson on March 2nd, 2007 (Reception No. 718230) and conveyed by Special Warranty Deed to Peregrine 08 Investments, LLC on February 11, 2008. The property conveyed to Peregrine 08 Investments, LLC is in the same configuration as identified in the 1963 deed. Domestic/Irrigation Water The Applicant proposes to provide domestic water via wells. A shared well will provide domestic and irrigation water to lots 2, 3 and 4. A shared well agreement will be filed with the Exemption Plat and Staff recommends that the Board require submittal of the well permit prior to signing the Exemption Plat. The Applicant has obtained two West Divide Water Conservancy District contracts. The first contract provides water to one single family residence and 14,520 square feet of irrigation. The second is for a shared well serving two single family residences and 29,040 square feet of irrigation. §8.42 (D) requires all physical water supplies to 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 drawdown and recharge; (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 of 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 declaration which discusses all easements and cost associated with the operation and maintenance of the system and who will be responsible for paying these cost and how assessments will be made for these costs; (7) The water quality be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates; 3 • • e BOCC 6/16/2008 KE Zoning The subject property is located within the Agricultural/Residential/Rural Density (ARRD) Zone District. As required by § 8.52 of the Subdivision Regulations of Garfield County of 1984, the Applicant's proposal as represented conforms to all County zoning requirements. Legal Access/Road Improvements The proposed exemption will be accessed by Highway 6 & 24 therefore a State Access Permit will be required. Resource Engineering, on behalf of Garfield County has recommended that the access road comply with standards contained in Section 9.35 and be constructed prior to signing the exemption plat. Wastewater The Applicant proposes that wastewater will be managed on each parcel by Individual Sewage Disposal Systems (ISDS). As the parcels are improved with residences each property owner will be responsible for installing their own ISDS. The Applicants consulting engineer has recommended that all systems be designed by a registered professional engineer. Staff suggests the following plat note be placed on the plat: "All septic systems and residential foundations shall be designed by a professional engineer licensed to practice in the State of Colorado." Fire Protection The subject property is located within the Burning Mountain Fire Protection District (the District). The District has reviewed the proposal providing no specific conditions. Easements The proposed 40' access easement and all water line easements shall be conveyed in a manner acceptable to the County Attorney's Office. The proposed easements shall be legally described and depicted on the Exemption Plat. Severed Mineral Interests The Applicant owns title to 25% of all mineral interests. Staff suggests the following plat note be placed on the Exemption Plat "The mineral rights associated with this property will not be transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s)." V STAFF RECOMMENDED FINDINGS 1. That proper posting and public notice was provided as required for the public hearing before the Board of County Commissioners; 2. That the public hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting; 4 BOCC 6/16/2008 KE 3. That for the above stated and other reasons, the proposed exemption has been determined to be in the best interest of the health, safety, and welfare of the citizens of Garfield County; 4. That the application has met the requirements §8:00 of the Garfield County Subdivision Regulations of 1984, as amended; VI STAFF RECOMMENDATION Staff finds the proposed Exemption complies with §8:00 of Garfield County Subdivision Regulations of 1984, as amended and recommends the Board of County Commissioners approve the request for an Exemption from the Definition of Subdivision for parcel number 217905400056, with the following conditions of approval. 1. That all representations made by the Applicant in a public hearing before the Board of County Commissioners shall be considered conditions of approval unless otherwise amended or changed by the Board. 2. The Applicant shall include the following text as plat notes on the final exemption plat: a. Control of noxious weeds is the responsibility of the properly owner. b. One (1) dog will be allowed for each residential unit within a subdivision exemption and the dog shall be required to be confined within the owner's property boundaries. c. No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid -fuel burning stove as defied by C.R.S. 25-7- 401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. d. All exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward and downward, towards the interior of the subdivision exemption, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. e. Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. Those with an urban sensitivity may perceive such activities, sights, sounds and smells only as inconvenience, eyesore, noise and odor. However, State law and County • 5 • • • BOCC 6/16/2008 KE policy provide that ranching, farming or other agricultural activities and operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and in a non -negligent manner. Therefore, all must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non -negligent agricultural operations. f. All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to leam about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. All new septic systems and residential foundations shall be designed by a professional engineer licensed to practice in Colorado. h. Addresses are to be posted where the driveway intersects the County road. If a shared driveway is used, the address for each home should be posted to clearly identify each address. Letters are to be a minimum of 4 inches in height, % inch in width and contracts with background color. i. Driveways should be constructed to accommodate the weights and tuming radius of emergency apparatus in adverse weather condition. j. Combustible materials should be thinned from around structures so as to provide a defensible space in the event of a wild land fire; and k. "The mineral rights associated with this property will not be transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s)." 3. Prior to signing, the exemption plat shall be amended to reflect the following corrections: a. Add a Certificate of Ownership; b. Remove the Board of County Commissioners Certificate; c. Add a vicinity map. 4. Prior to the signing of the plat the Applicant shall provide the following information regarding provision of water: g. 6 BOCC 6/16/2008 KE a. A four (4) hour pump test be performed on Ziegler East and West wells; b. A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level for both wells; c. The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge for both wells; d. A written opinion of the person conducting the well test that the well should be adequate to supply water to the number of proposed Tots; e. A legal, well sharing declaration which discusses all easements and cost associated with the operation and maintenance of the system and who will be responsible for paying these cost and how assessments will be made for these costs; f. The water quality shall be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates for both wells; 5. A copy of well permits issued pursuant to CRS 37-90-137(2) for the Ziegler East and West wells. 6. Prior to the signing of the plat the Applicant shall obtain a CDOT Access Permit and construct the road improvements necessary to access to the lots. 7. The property is located in the RE -2 School District. As such, the Applicant shall be required to pay $200 each for Parcels 2, 3 and 4. This fee shall be paid at the time of final plat. 1111111111111R ES URCE ■■■.■ E N G I N E E R I N G INC. Kathy Eastley Garfield County Building and Planning Dept 108 8th Street, Suite 201 Glenwood Springs CO 81601 RE: Ziegler Exemption Subdivision Review May 28, 2008 Dear Kathy: At the request of Garfield County, Resource Engineering, Inc. (RESOURCE) reviewed the Subdivision Exemption submitted by Perigrine 08 Investments, LLC for the Ziegler Exemption. The request is to split 41.85 acres into 4 parcels. The property is located at 31145 Highway 6 and 24 approximately two miles west of the Town of Silt. The submittal includes a packet of documents dated April 2008. The exemption submittal must meet the requirements of Section 8:52 of the Garfield County Subdivision Regulations. Our review comments on technical items are presented below. Section 8:52 Review C) Access to all four parcels will be from a private road off of Highway 6 & 24. An access permit from CDOT must be obtained prior to signing any exemption plat. D) Physical and legal water supply is proposed from two wells. Lot 1 will be served by a well and Tots 2, 3, and 4 will share a well. The submitted well permits are for monitoring/test wells. Valid well permits for the two wells approved for the intended uses of each must be submitted prior to signing any exemption plat. Note 8 on the exemption plat is not correct and should be revised to address all Tots and provide the correct well permit number for each well. The note should also reference the two WDWCD Water Allotment Contracts and for which lot each contract is applicable. The plat map must show the location of each well and provide easements for the well facilities and pipelines to each lot. A well sharing agreement must be prepared prior to signing of any exemption plat. The well facilities (pumps, tanks, meters, valves, etc.) and pipelines must be constructed prior to signing of any exemption plat. The sewage disposal is proposed to be Individual Sewage Disposal System. Based on poor soil conditions, it should be anticipated that engineered systems will be required as identified by the Applicant. Note No. 6 on the exemption plat should be changed to state that engineered ISDS systems are required for each lot. E) The project is located within the City of Rifle Watershed Protection District. A Watershed Permit for the project should be obtained prior to signing of any exemption plat. F) The proposed access easement is 40 feet wide which meets the GARCO right-of- way standard for the required primitive road designation. The access road must be Consulting Engineers and Hydrologists 909 Colorado Avenue MI Glenwood Springs, CO 81 601 ■ [970] 945-6777 • Fax [970] 945-11 37 Kathy Eastley Page 2 May 28, 2008 constructed prior to signing any exemption plat and must meet the standards of Section 9.35 including two 8 foot lanes with 2 foot shoulders, a minimum curve radius of 50 feet, an engineered design for base and gravel surface, and a cul-de- sac length of less than 600 feet and proper turnaround design. The Access and Utility Easement should be labeled on the exemption plat map. G. Utility easements for the well and water system are required as described in Item D above. Please call if you have any questions or need additional information. Sincerely. RESOURCE EN - I , EERING, INC. Michael J rion, P.E. Water R -sources Engineer MJE/mmm 885-63.0 K:1Clients1885 GARC0163.0 ZIEGLER EXEMPTIONI Kathy Eastley subdivision review.doc RESOURCE N G I N E E R I N G INC Peregrine 08 Invest LLC • • Kathy A. Eastley ?age 1 of 1 EXHIBIT From: Roussin, Daniel[Daniel.Roussin@DOT.STATE.CO.US] Sent: Thursday, May 08, 2008 10:33 AM To: Kathy A. Eastley Cc: Fred Jarman; Killian, Brian Subject: Peregrine 08 Invest LLC Attachments: Don Ziegler Letter .pdf; FW: CDOT Access Permit Application for SH -6 Between Silt and Rifle. Kathy - Thank you for the opportunity to review Peregrine 08 Investment LLC for the Zeigler Exemption. At this time, CDOT has placed the application on hold until the applicant provides more information. The question is why isn't the applicant not using the County Road 227. We have responded to the applicant dated August 14, 2007. CDOT has not received a response to the letter. The applicant hasn't' provided evidence that CR 227 can not be used for the subdivision. The State Highway Access Code states that the applicant should use the local road system. CDOT is in favor of closing the US 6 access and all access would be off the County Road. Here is the email and the letter sent to the applicant. If you have any additional questions, please let me know. «Don Ziegler Letter .pdf» «FW: CDOT Access Permit Application for SH -6 Between Silt and Rifle. Dan Roussin Colorado Department of Transportation Region 3 Permit Unit Manager 222 South 6th, Suite 100 Grand Junction, Co 81501 970-683-6284 970-683-6290 FAX 6/11/2008 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Traffic & Safety Section 222 South 6th Street, Room 100 Grand Junction, Colorado 81501 (970) 248-7230 August 14, 2007 Donald Ziegler 0092 CO Rd. 227 Rifle, CO 81650 Dr. Mr. Donald Ziegler: We have reviewed your access permit application submitted for an access to State Highway (SH -6), approximate mile marker 96.880 near Silt, Colorado. CDOT is going to require that the applicant obtain a letter from Garfield County stating their position on whether they concur with Miller Lane being your only access to your property with the proposed additional residential units. Per the State highway access code Section 3.8 (2) "When application is made, one access shall be granted per parcel of land if reasonable access can not be obtained from the local street or road system". In this case it appears you have reasonable access to Miller Lane. To date, the current access to SH -6 is non-compliant. Per term and condition # 4 on permit #303196 the permittee was required to obtain a notice to proceed, which never occurred and the permit has since expired. So as of now, the access to your property from State Highway 6 doesn't conform to the State Highway Access Code. The access application process has stopped until we receive a letter from Garfield County in regard to the issue mentioned above. Please contact me with the information provided above if you have any questions or concerns. Respectfully, 6446A1\ Dan Roussin Permit Manager Daniel.Roussinadot.state.co.us Copy: File • Page 1 of 1 • • DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATER RESOURCES May 14, 2008 Kathy Eastley Garfield County Building and Planning Department 108 8th St., Suite 401 Glenwood Springs, CO 81601 Re: Ziegler Subdivision Exemption Sections 5 & 8, T6S, R92W, 6th PM Water Division 5, Water District 39 Bill Ritter, Jr. Governor Harris D. Sherman Executive Director Dick Wolfe, P.E. Director Dear Kathy: The above -referenced submittal requests a subdivision exemption for a 41.85 -acre parcel to be split into four single-family residential Tots. As stated in the State Engineer's March 4, 2005 memorandum to county planning directors, this office has no statutory responsibility to review land use actions that do not include the subdivision of land as defined in Section 30-28-101(10)(a), C.R.S. This referral does not appear to qualify as a "subdivision". However, we have performed a cursory revieww and are providing informal comments. The applicant intends to supply water through two existing wells. Permit Nos. 273661 and 273662 were issued for the Ziegler East and West Monitoring Wells, respectively, for monitoring water levels and/or water quality sampling. The proposal also included copies of West Divide Water Conservancy District (WDWCD) Contract Nos.. 070419WestDZ(a) and 070419EastDZ(a) for 0.85 acre-feet and 1.69 acre-feet, respectively. Well permits issued pursuant to CRS 37-90-137(2) and the WDWCD contracts must be obtained prior to the operation of the Ziegler East and West Wells pursuant to the contracts. Note that this office does not necessarily take the position that the water supply plan is valid. If you or the applicant has any questions concerning this matter, please contact me for assistance. Sincerely, Cynthia J. Love Water Resources Engineer �y CJUZiegler Exemptionii.doc RECEIVED cc: Alan Martellaro, Division Engineer David Berry, Water Commissioner, District 45 MAY 1 9 2008 GARFIELD COUNTY BUILDING & PLANNING Office of the State Engineer 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589 www.water.state.co.us Garfield County April 11, 2008 Peregrine 08 Investments, LLC 0092 CR 227 Rifle, CO 81650 Re: Ziegler Exemption BUILDING & PLANNING DEPARTMENT Dear Mr. Ziegler, The Building and Planning Department has received an application for exemption for a parcel of land located at 31145 Highway 6. Though fairly comprehensive, your application is deficient of the following information: 1. Peregrine 08 Investment, LLC must provide documentation regarding the ability of Donald Ziegler to sign for Peregrine 08 Investments, LLC. 2. Please provide a letter of authorization Tim Thulson as your representative if you choose to allow him to act on your behalf regarding this application. Without this letter planning staff may only correspond directly with the property owner. Prior approval had been granted in 2007 for a Subdivision Exemption for the creation 3 Tots on this parcel. It is my understanding that this current application replaces the previous approval in its entirety. Staff looks forward to receiving this additional information and subsequently scheduling the application for Board of County Commissioner consideration at a Public Hearing. 108 Ei hth Street, Suite 401 • Glenwood Springs, CO 81601 (9945-8212 • (970) 285-7972 • Fax: (9084-3470 • Feel free to contact this office should you have any questions. Sincerely, 0athy E. •tley, CP Senior Planner Cc: Tim Thulson, Balcomb and Green, P.C. April 28, 2008 Tim Thulson Balcomb and Green, P.C. 818 Colorado Avenue Glenwood Springs, CO 81601 BUILDING & PLANNING DEPARTMENT Reference: Ziegler Exemption (Peregrine 08 Investments, LLC) Via E-mail - Original to be mailed Dear Mr. Thulson: Thank you for the additional materials submitted for the above referenced application. Upon review of the information staff has determined that the application is technically complete. Please understand that a determination of technical completeness shall not be viewed as a recommendation of approval, finding of - an adequate application, or a finding of general compliance with any goal or objective of the Garfield County Subdivision Regulations. The application will be reviewed by Staff and a report will be sent to you. This application is scheduled for a public hearing before the Board of County Commissioners on Monday, June 16, 2008 at 1:15 p.m., hearing to be held in the Commissioners Meeting Room in the Garfield County Building at 108 8th St. in Glenwood Springs. As a matter of process, the Board of County Commissioners shall hold an advertised public hearing on the proposed Exemption at a regularly scheduled meeting of the Commissioners. The Applicant shall be solely responsible for the publication, posting and mailing of all notices and shall present proof of publication and mailing at or before the meeting. If correct noticing requirements have not been met, the meetings cannot be held. Notice for the meeting shall be given as follows: 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (97645-8212 • (970) 285-7972 • Fax: (97084-3470 • • 1. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed subdivision and nature of the meeting, 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 such hearing, and proof of publication shall be presented at hearing by the applicant. 2. Notice by mail, containing information as described under paragraph (1) 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, all owners of mineral interest in the subject property, and all tenants of any structure proposed for conversion to condominiums, 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. 3. 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. Enclosed is the appropriate notice and posting sheet for the Board of County Commissioner meeting. Please review the notice for accuracy as it is provided as a courtesy by the County, the responsibility is still upon the Applicant for all public noticing. Please note that we require 12 additional copies of the application and related materials (including authorization letters) to be submitted to our office on or before May 5, 2008. If we have not received the requisite copies by that date your public hearing may be jeopardized. Feel free to contact this office should you have any questions. incer:- 1 % ,,.L,44 y athy E. - ey, Al P Senior Planer 970.945.8' 12 x1580 ly, Enclosures Cc: File • • J Form No. GWS -25 APPLICANT OFFICE OF THEATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 EXST WELL PERMIT NUMBER 67673 DIV. 5 WD 39 DES. BASIN -F MD DONALD ZIEGLER PEREGRINE 08 INVESTMENTS PO BOX 2810 GLENWOOD SPRINGS, CO 81602- 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 (970) 379-1280 UTM COORDINATES (Meters,Zone:13,NAD83) TING WELL Easting: Northing: CHANGE/EXPANSION OF USE OF AN EXIS 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 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #070419WestDZ(a). 4) Approved for the use of, an existing well, constructed on November 9, 2007, to a depth of 70 feet, under permit no. 273662 (canceled). Issuance of the permit hereby cancels permit no. 273662, 5) Approved as a well on a tract of land of 41.85 acres described as that portion of the SW 1/4 of the SW 1/4, Sec. 5, Twp. 6 South, Rng. 92 West, 6th P.M., Garfield County, more particularly described on the attached exhibit A. Further identified as 31145 Highway 6 & 24, Silt, CO 81652. The use of ground water from this well is limited to fire protection, ordinary household purposes inside single family dwelling, the watering of two (2) head domestic animals, the irrigation of not more than 14,520 square feet of home gardens and lawns. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as :Ell. 7) The pumping rate of this well shall not exceed 15 GPM. 8) The average annual amount of ground water to be appropriated shall not exceed 1.27 acre-foot (413,830 gallons). 9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 10) This well shall be constructed not more than 200 feet from the location specified on this permit. 11) Totalizing flow meters must be installed on this well, and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. NOTE: Canceled permit no. 273662 was previously issued for this well. NOTE: Parcel Identification Number (PIN): 23-2179-054-00-056 NOTE: Assessor Tax Schedule Number: R200399 (totaling 41.85 acres) APPROVED DMW State Engineer eceipt ^1n o' ng147R DATE ISSUED 11-04-2008 By EXPIRATION DATE 11-04-2009 WELL CONSTRUCTION AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER FOR OFFICE USE ONLY DECEIVED MAR d 6 200$ NAi ER RESOURCES STATE ENGINEER COLO # GWS31-91-03 L WELL PERMIT NUMBER 273661 2. Owner Name(s): Don Ziegler Mailing Address: P.O. Box 2810 City, State, Zip : Glenwood Springs, Co. 81602 Phone #APPROVAL WELL LOCATION AS DRILLED Range: 92 W 3 SE 1/4 SW 1/4 Sec: 5 Twp: 6 S DISTANCES FROM SEC. LINES 260 ft. from South Sec. line and 1520 R from West Sec. line OR Fasting: Northing: SUBDIVISION: LOT: BLOCK: FILING (UNIT): STREET ADDRESS AT LOCATION 4 GROUND SURFACE FT.FVATION ft. DRILLING METHOD Air Rotary DATE COMPLETED: 11/30/2007 TOTAL DEPTH: 70 DEPTH COMPLETION: 70 5. GEOLOGIC LOG 6. HOLE DIAMETER (in) FROM (ft) TO (ft) Depth Type of Material (Size, Color, and Type) 9.0 0 45 000-033 Silts, Clays 6.5 45 70 033-044 Gravels 044-070 Wasatch Formation 7. PLAIN CASING OD (in) Kind Wall Sic From (ft) To (ft) 7.0 Steel 0.240 -1 34 5.5 PVC 0.250 45 70 PERF. CASING : Screen Slot Size 7.0 Steel 0.240 34 45 5.5 PVC 0.250 32 45 Water Located: 33 - 44 Remarks : 8. Filter Pack Material : Size : Interval 9. Packer Placement Type : Depth : 10. GROUTING RECORD Material Amount Density Interval Placement Cement 5 sks 6 gal/sk 10-25 poured 11. DISINFECTION : Type : HTH Amt. Used : 2 oz. 12. WELL TEST DATA : () Check Box If Test Data Is Submitted On Supplemental TESTING METHOD : Air Compressor Static Level : 27 R Date/Time Measured 11/30/2007 Production Rate 15 gpm Pumping Level : Total ft. Date/Time Measured 11/30/2007 Test Length : 2 hours Test Remarks : I have read the statemenla made harem that a rues® thereof � to my knowledge. (Pursuant to Section 24-4-1-4 (13Xa) CRS, the making of false statementsCONTRAC 13. Ih d �Imow as a l chess sdemeaaor.) TOR : Shelton Drilling Corp. Phone : (970) 927-4182 Mailing Address : P.O. Box 1059 Basalt, Co. 81621 Lic. No. 1095 Name / Title (Please Type or Print) Wayne Shelton / President Signature Date 12/4/2007 • 0 u IA i bi PA 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 APPRQVAL 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 asiLigler:Fast 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 Welt 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 Iithologic 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. 67/(z� NOTE: Parcel Identification Number (PIN): 23-2179-054-00-056 NOTE: Assessor Tax Schedule Number. R200399 (totaling 41.85 acres) j APPROVED DMW Receipt No. 9502766A d3A4- 21 State Engineer By DATE ISSUED 05-18-2007 EXPIRATION DATE 05-18-2009 , • FROM : J8M PUMP COMPANY FAX NO. : 970 945 6159 Nov. 19 2007 04:15PM P1 8611Caaatry .aad 117 gemmed Sptingo Cd 81601 Acne: 97C-945-6159 edt: 97C-9484159 a.: 97C-945-6159 Well Test DATE: November 19, 2007 TO: Don Ziegler Box 2810 Glenwood Springs CO. 81602 RE: Well Test Atte: Don, J M Pump Inc. performed a four hour well test on property located east of your residence located west of Silt. The following information was obtained: Well Depth: 70' Water Level: 35'10" measured from top of casing Drawdown To: 36'4" measured from top of casing Sustained Yield: 15 GPM Clarity: Clear Recovery 92% within 8 minutes Sample: Taken by Colo Riv. Eng_ Mark Hays Pumping volume was increased to ® 40 GPM for 15 minutes towards end of test. The drawdown of that yield was ® 14" from 36'4". If you have any questions, please call Rick, 945-6159 J&M}npInc_ eklitv hite67 Richard A Holub Lic. No 1196 Thank Yon! • • Colne Deparunmt of Public Health andEnvironmmt Laboratory Services 8100 Lowry Bouleva, er CO 80230-6928 US Mail: PO Box 17123, Denver CO 80217 (303) 692-3090 fax (303) 344-9989 Lab ID No. ENW-2007007081 k\IPLE SITE S-A\IPLF. INFORMATION DN ZIEGLER WEST WELL 145HWY6&24 EGLER PROPERTY WEST WELL WELL HEAD Collected Received Reported Collected By 11/19/2007 10:00:001 11/20/2007 11:47:OOAM 11/21/2007 MH Matrix Drinking Water 'STOMER CO\I \LENTS Colorado River Engineering PO Box 1301 IIMPOINOOliiiaboot Rifle CO 81650 intact Name Mark Hayes intact Phone Purpose Special Chlorine residual Purpose Payment Type Billed Test Name Result Method Name Escherichia coli PA Total coliforms PA E. coli not detected Coliforrn absent or less than one (<1), indicates a microbiologically safe sample SM 9223 RS Interent Address: http://www.cdphe.state.co.us/ir/lrhom.htm $,dification Date:l 1/21/2007 fA76� Colorado Deportment of Public Health and Environment SAMPLE SITE Lauorazory bervic s urvision 8100 Lowry Bou( rd, Denver CO 80230-6928 US Mail: PO Box Tr -123, Denver CO 80217 (303) 692-3090 fax (303) 344-9989 DON ZIEGLER WEST WELL 31145HWY6&24 SILT CO ZIEGLER PROPERTY WEST WELL LAB ID: INO-2007005836-001-A SAMPLE INFORMATION Collected 11/19/2007 10:00:001 11/20/2007 11:47:001 11/29/2007 MH Drinking Water Received Reported Collected By Matrix Water Temp Residual Chlorine Field Fluoride Contact Name Contact Phone Colorado River Engineering PO BOX 1301 136 East Third Street Rifle CO 81650 Mark Hayes 0 NTS ` Test Name - Result Units Method Name Date Analyzed MCL PQL Qualifier Nitrite -N <0.01 mg/L EPA 300.0 11/21/2007 1.0 0.01 Nitrate -N 4.2 mg/L EPA 300.1 11/20/2007 10 0.3 Lab Comments: POL - The lowest concentration ofa substance in a sample that can be measured with a known level of confidence MCL - Maximum Contaminant Level - The highest level ofa contaminant that is allowed in drinking water - less than MDL mg/L - milligram per liter (ppm) ug/L - microgram per liter (ppb) 4111 • LSD Interent Address: http://www.cdohe.state.co.us/lr/lrhom_htm • WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT Name of Applicant: Donald Ziegler Contract #070419WestDZ(a) Map #562 Date Activated 4/19/07 Quantity of Water in Acre Feet: 0.85 • 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. lfApplicant 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. 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 Districts 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 writing, 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 ofBeneficial Use: Any and all water allotted Applicant by the District shall beused for the following beneficial use or uses: industrial, municipal, domestic and related uses, or commercial (except for commercial use from 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 Un ited States and the West Divide Water Conservancy District). Applicants beneficial use of any and all water adored 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 ofwater 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 t o make exchange releases from structures that may oui It 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 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 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 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 ofall pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract Payment: Non-refundable, one time administrative charge, in the amount determined by the Board 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 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' . year thereafter shall be due and payable by the A ,leant 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 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 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 ofwater, 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 oflegal 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 applyingto the District for individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and filingofproperfotms 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 Applicants obligations under this Contract. In no event shall the owner of a portion, but Tess 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 of this 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 detenninesin 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 dei j services and for additional administration, operat..._,, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant 11. Chan ee 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 foi th 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. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this Contract is executed; or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any le -ase 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 herein 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. Water Resources. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Watering of livestock shall be restricted to A pplicant'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 ofApplicant'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 ten -ns 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 Applicants property during ordinary business hours for the purposes of determining Applicant's actual use of water. 4 • • 18. Reoresenta _ By executing this Contract, Applicant agrees th, , 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 sh al) he assessed a pro -rata share of the total cost incurred by the District in preparing, filing and pursuing to decree the water coun 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 theDistrict is caused additional costs because ofobjection 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 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. 2l . Warnina: 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 RIGHTTHATIS THE SUBJECTOF 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 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 BE RESCINDED UPON WRT17EN 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 APPLICANT FOR THIS CONTRACT SHALL BE IMMEDIATELY REFUNDED TO APPLICANT. Applicant 5 Applicant STATE OF %Ff, nada__ ) s )5 i S e AMANDA B. COUNTY OF5' DUNN The foregoine t� �• ..••;,! % 1 instrument was acknowledged befo�'y .r �+ ert Ss3tl t'P �� ri ° s a day ofr - 20 G , by •VteCiffiffi,( "' •.•l ftseal. My commission expires: Notary Public STATE OF ) ) ss. COUNTY OF ) The foregning instrument was actcnowledged before me 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. ATTEST: \ S4I retary It_ WEST DIVIDE WATER CONSERVANCY DISTRICT By President Date J This Contract includes and is subject to the terns 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 teen approved and adopted by the West Divide Water Conservancy District Form #WDWCD 050901 CONTRACT_ 6 Form No. GWS -25 APPLICANT OFFICE OF THSTATE ENGINEER COLORADO DIVISION OF WATER RESOURC 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 EXST WELL PERMIT NUMBER 67672 -F DIV. 5 WD 39 DES. BASIN MD DONALD ZIEGLER PEREGRINE 08 INVESTMENTS PO BOX 2810 GLENWOOD SPRINGS, CO 81602- (970) 379-1280 ,HANGS/EXPANSION OF USE OF AN EXISTING 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 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #070419EastDZ(a). 4) Approved for the use of, an existing well, constructed on November 30, 2007, to a depth of 70 feet, under permit no. 273661 (canceled). Issuance of the permit hereby cancels permit no. 273661. 5) Approved as a well on a tract of land of 41.85 acres described as that portion of the SE 1/4 of the SW 1/4, Sec. 5, Twp. 6 South, Rng. 92 West, 6th P.M., Garfield County, more particularly described on the attached exhibit A. Further identified as 31145 Highway 6 & 24, Silt, CO 81652. 6) The use of ground water from this well is limited to fire protection, ordinary household purposes inside three (3) single family dwellings, the watering of six (6) head domestic animals, the irrigation of not more than one (1) acre of home gardens and lawns. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as �"Mt,f= 7) The pumping rate of this well shall not exceed 15 GPM. 8) The average annual amount of ground water to be appropriated shall not exceed 3.82 acre-foot (1,244,747 gallons). 9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 10) This well shall be located not more than 200 feet from the location specified on this permit and at least 600 feet from any existing well, completed in the same aquifer, that is not owned by the applicant. 11) Totalizing flow meters must be installed on this well, and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. NOTE: Canceled permit no. 273661 was previously issued for this well. NOTE: Parcel Identification Number (PIN): 23-2179-054-00-056 NOTE: Assessor Tax Schedule Number: R200399 (totaling 41.85 acres) • APPROVED DMW Rpnpint Nn_ 9503147A State Engineer By DATE ISSUED 11-04-2008 EXPIRATION DATE 11-04-2009 Nov 12 07 04:OOp Wayne Shelton —� Form No. --GWS-25 APPLICANT 975927.3801 OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial BIdg.. 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 WELL PERMIT NUMBER 273662 ,A� ]] p.1 fk1° � Y 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 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 predude 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 welt 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 '-r7M� 7 NOTE: Assessor Tax Schedule Number: R200399 (totaling 41.85 acres) APPROVED DMW State Engineer By .Receipt No. 95027668 GATE ISSUED 05-18-2007 RATION DATE 05-18-2009 Nov 12 07 04:OOp Wayne Shelton 977-3801 p.2 Nor WELL CONSTRUCTION AND TEST REPORT :=STATE OF COLORADO, OFFICE OF THE STATE ENGINEER Nour FOR OFFICE USE ONLY APPROVAL # GWS3I-91-03 1- WELL PERMIT NU=MBER 273662 2 Owner Name(s): Donald Ziegler Mailing Address: P.O. Box 2810 City, State, Zip : Glenwood Springs, Co 81602 Phone # : 907-379-1280 WELL LOCATION DRILLED 92 W 3 SW 1/4 SW 114 Sec: 5 Twp: 6 S Range: DISTANCES FROM SEC_ LINES 490 ft_ from South Sec. line and 1125 ft. from West Sec. line OR Fasting: Northin . SUBDIVISION: LOT: BLOCK: FILING (UNIT): STREET ADDRESS AT LOCATION 4 GROUND SURFACE ELEVATION ft. DRILLING METHOD Air Rotary DATE COMPLETED: 11/92007 TOTAL DEPTH: 70 DEPTH COMPLETION: 70 5. GEOLOGIC LOG 6. HOLE DIAMETER (in) FROM (ft) TO (ft) Depth Type of Material (Size, Color, and Type) 9.0 0 58 000-041 Clays, Silts 6.5 58 70 041-050 Cobbles, Gravels 050-070 Wasatch Formation 7. PLAIN CASING OD (in) Kind Wall Size From (ft) To (ft) 7.0 Steel 0.240 -1 42 7.0 Steel 0.240 50 58 5.5 PVC 0.250 50 70 PERF. CASING : Screen Slot Size 7.0 Steel 0.240 42 50 Water Located: 41 - 50 Remarks : 8. Filter Pack Material : Size : Interval : 9. Packer Placement Type : Depth : 10. GROUTING RECORD Material Amount Density 1 interval I Placement Cement 5 sks 6 gal/sk ; 10-24 I poured I 11. DISINFECTION : Type : HTH Amt. Used : 2 oz. 12. WELL TEST DATA : () Check Box If Test Data Is Submitted On Supplemental TESTING METHOD : Air Compressor Static Level : 37 ft. Date/Time Measured 11/9/2007 Production Rate 15 ;pm Rapping Level : Total ft. Date,Time Measured 11/9/2007 Test Length : 2 hours Test Remarks : 13 1 have read the statements made herein and know the contents thereof, and that they are true to my knowledge. (Pursuant to Section 24-4-1.4 (13)(a) CRS, the making of false stale -meats mnnitutes perjury in lite second dagec is punishable as a class i misdemeanor.) CONTRACTOR : Shelton Drilling Corp. Phone : (970) 927-4182 Mailing Address : P.O. Box 1059 Basa ' Co. 81621 Lic. No. 1095 Name i Title (Please Type or Print) Wayne Shelton / President Signa t f Date 11/12/2007 "e 1 `! �d(Shrimp 3n 8611 eolineff Soad 117 geenwaad Spic a 81601 J'Bamc.- 97C-945.6159 Cd1 97C-948-6159 97C-9454159 ti3.3".t5 k• ��ltr1sK • aIl�gf1-'= JriSi iiu7J�t�Qn,{.h$4 �-CCdr-aio4q t�i! 9r, Well Test DATE: December 5, 2007 TO: Don Ziegler Box 2810 Glenwood Springs, CO. 81602 RE: Well Test #2 Attn: Don, J & M Pump Inc. perfodmed a four hour well test on property located east of your residence located west of Silt_ Well #2 information was obtained: Well Depth: 70' Water Level: 28' measured from top of casing Drawdown To: 30'2" measured from top of casing Sustained Yield: 15 GPM Clarity: Clear Recovery: 100% within 22 minutes Sample_ Taken by Colo. Riv. Eng. Mark Hays Pumping volume was increased to ® 40 GPM Thr 15 minutes towards end of test_ The drawdown of that yield was 13" from 30'2" If you have any questions, please call Rick, 945-6159 J & M Pump Inc. Richard A Holub Lic. No 1196 Thank You! Laooratory services U.wision 8100 Lowry Bouievanver CO 80230-6928 US Mail: PO Box 171Wenver CO 80217 Colorado (303) 692-3090 fax (303) 344-9989 of PubHu�t and Environment • Lab ID No. ENW-2007007353 S.-YSIPLE SITE SAMPLE I\FORNEATIO\ ZIEGLER PROPERTY 31145 HWY 6&24 EAST WELL EAST WELL WELL HEAD Collected Received Reported Collected By 12/5/2007 9:05:OOAA 12/6/2007 11:02:OOAM 12/7/2007 MH Matrix Drinking Water t:STOMIER COMMENTS :ontact Name :ontact Phone Colorado River Engineering PO Box 1301 136 East Third Street Rifle CO 81650 Mark Hayes Purpose Special Chlorine residual 0 Purpose Payment Type Billed Test Name Result Method Name Escherichia coli PA Total coliforms PA E. coli not detected Coliform absent or less than one (<1), indicates a microbiologically safe sample SM 9223 QRS Interent Address: http://www.cdphe.state.co.us/Ir/lrhom.htm edification Date:12/7/2007 Laboratory Service Division 8100 Lowry Boule\ 1, Denver CO 80230-6928 US Mail: PO Box 17123, Denver CO 80217 Colorado Department (303) 692-3090 fax (303) 344-9989 of Public Health and Environment LAB ID: INO-2007006047-001-A SAMPLE SITE SAMPLE INFORMATION ZIEGLER PROPERTY 31145HWY6&24 SILT CO EAST WELL WELL HEAD Collected Received Reported Collected By Matrix Water Temp Residual Chlorine Field Fluoride 12/5/2007 9:05:OOAD 12/6/2007 4:19:00P1v 12/12/2007 mh Drinking Water CUSTOMER COMMENTS Contact Name Contact Phone Colorado River Engineering PO BOX 1301 136 East Third Street Rifle CO 81650 Mark Hayes 9706254933 NO NEED TO RETURN ICE PACK Test Name Result Units Method Name Date Analyzed MCL PQL Qualifier Nitrate -N <0.3 mg/L EPA 300.1 12/07/2007 10 0.3 Nitrite -N <0.02 mg/L EPA 300.0 12/07/2007 1.0 0.02 Lab Comments: COPY SENT TO CDPHE WATER QUALITY DEP. PQL - The lowest concentration ofa substance in a sample that can be measured with a known level of confidence MCL - Maximum Contaminant Level - The highest level ofa contaminant that is al/owed in drinking water < - less than MDL mg/L - milligram per liter (ppm) ug/L - microgram per liter (ppb) • LSD Interent Address: http://www.cdphe.state_co.us/lr/lrhom.htm • • APPLICATION TO AMEND WATER LEASE # 070419EastDZ(a) WEST DIVIDE WATER CONSERVANCY DISTRICT 109 West Fourth Street, P. 0. Box 1478, Rifle, Colorado 81650 • Contract #070419EastDZ(a) Ma p#563 Date Activated 4/19/07 Date Amended 8/28/08 1. APPLICANT INFORMATION Name: Donald Ziegler / Peregrine 08 Investments, LLC Mailing address: PO Box 2810 Glenwood Springs. CO 81602 Telephone: 970-379-1280 Authorized agent Chris Manera/Colorado River Engineering, Inc. 2. COURT CASE #s: Decree Case No. Augmentation Plan Case No. 3. USE OF WATER RESIDENTIAL Number of main residences: 3 No. ADU's Subdivision: No. constructed units: No. vacant lots Home garden/lawn irrigation of 43560 total sq. ft. Method of irrigation_ flood_ sprinkler X other Non-commercial animal watering of 6 animals Fire Protection X Evaporation: Maximum water surface to be exposed: Description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: Well Sharing Agreement for nmltiple owner wens must be srrbmitled If greater than two owners, application must be made under a homeowners association. COMMERCIAL Number of laths: Total sq. ft. of commercial units: Description of use: INDUSTRIAL Description of use: Evaporation: Maximum water surface to be exposed: Description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: MUNICIPAL Description of use: DIRECT PUMPING Tributary: Location 4. SOURCE OF WA 1 ER Structure: Well Structure Name: Ziegler East Well Source: surface__ storage ground water X Current Permit* n/a (attach copy) 5. LOCATION OF STRUCTURE Garfield SE SW County Quarter/quarter 5 6S 92W Section Township Range Distance of well from section lines: 275 from South. 1550 from West Quarter 6th P. M. Elevation 5440 Well location address: 31145 Fiwv 6 & 24, Silt, Colorado (Attach additional pages for multiple structures) 6. LAND ON WHICH WATER WILL BE USED (Legal description may be provided as an attachment.) See attached Number of acres in tract Total 45.4± ac Inclusion into the District, at Applicant's expense, may be required 7. TYPE OF SEWAGE SYSTEM Septic tank/absorption leach field X Central System Other District name: 8. VOLUME OF LEASED WATER NEEDED IN ACRE FEET: 2.54 (minimum of 1 acre foot except augmentation from Alsbury Reservoir where a lesser amount is allowed) Provide engineering data to support volume of water requested Commercial, municipal, and industrial users must provide diversion and consumptive data on a monthly basis. A totalizing flow ureter with remote readout is required to be installed and usage reported to West Divide. Applicant expressly acknowledges it has had the opportunity to review the District's form Water Allotment Contract and agrees this application is made pursuant and subject to the terms and conditions contained therein. ,1 rr App want Signature Applicant Signature Application Date: rf'.L Ci i? 2, epAe Printed portions of this form, except differentiated additions or deletions, have been approved and adopted by the Wes.Divide Water Conservancy District �Fonn : WDWCD 01-01-0S AMEND APPLICATION - — Contract #070419EastDZ(a) Map #563 Date Activated 4/19/07 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT Name of Applicant: 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 permit 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 ofthe 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 accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location ofBeneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: industrial, municipal, domestic and related uses, or commercial (except for commercial use from Alsbury Reservoir and except to the extent that Ruedi Reservoir water may not be available for couuuercial as that term is defined on Page 5 of Contract No. 2-07-70- W0547betweentheUnitedStatesandtheWestDivideWaterConservancyDistrict). 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 ano 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 of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate 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 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 tojudicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant aclaiowledges 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 Applicants point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this Contract. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 19 below. In any event, the District shall have the right to approve or disapprove the Applicants 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 of notice to the Applicant that the initial payment is due. Said noticewill 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 thereafter shall be due and payable by the Applicant on or before each January 1. If an annual payment is not made by the due date a 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 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 ofwater, 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 filing ofproperfonns for assignment and change of ownership. In the event the water allotted pursuant to this Contract is to be used for the benefit of land which is now or will subsequently be subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunder to: 1) No more than three separate owners all of whom shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association, water district, water and sanitation district or other special district properly organized and existing under the laws of the State of Colorado, and then, only if such parties, association or special district establishes to the satisfaction of the District that it has the ability and authority to perform the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less 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 of this 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 other costs to the District which may arise through services made available to the Applicant. 11. 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. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this Contract is executed, or in any operation and maintenance agreement provided by Applicant Any use other than as set forth thereon or 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 herein 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 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 conunercial 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 awell, then Applicant must provide to District acopy ofApplicants valid well permit before District is obligated to deliver any water hereunder. 1.7. 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 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 theDistrict 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 of this agreement. All correspondence from the District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terms and conditions of this agreement. 21. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID 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 APPLICANTS 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 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 15 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 APPLICANT FOR THIS CONTRACT SHALL BE IMMEDIATELY REFUNDED TO APPLICANT. Applicant Applicant 5 • • STATE OF /10rpr-e2d13 ) ss. COUNTY OFle.jd ) The foregoing instrument was acknowledged 64 cis /I? Acrel STATE OF COUNTY OF ) ss. To o:•".....: °`i o • s AMANDA B..: !, : DUNN t t ii .• befog%. �. • II = is c2_� day of March , 20 0 i , by hirrastifti9rhEOgnalkal seal. My commission expires: ai,. y� 200 Notary Public The foregoing instrument was acknowledged before me 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 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 #WDWCD 050901 CONTRACT. 6 • i DECLARATION OF PROTECTIVE COVENANTS ZIEGLER SUBDIVISION EXEMPTION THIS DECLARATION OF PROTECTIVE COVENANTS FOR THE ZIEGLER SUBDIVISION EXEMPTION is made and entered into this day of 2008, by Peregrine 08 Investments LLC, a Colorado limited liability company, whose address is 0092 County Road 227, Rifle, Colorado 81650. ARTICLE I PURPOSE OF COVENANTS This Declaration of Protective Covenants ("Declaration") shall govern and be applicable to that certain real property situated in Garfield County, Colorado, known as the Ziegler Subdivision Exemption ("Subdivision") consisting of four (4) lots ("Lots") as defined and described in the Ziegler Subdivision Exemption Plat ("Final Plat") heretofore recorded on , 2008, as Reception No. in the Office of the Clerk and Recorder of Garfield County, Colorado. It is the purpose of this Declaration to create rules and a decision making process to strengthen the community, to preserve the present natural beauty, character and views of the Subdivision to the greatest extent reasonably possible, and to always protect the Lots as much as possible with respect to uses, structures, landscaping and general development. This Declaration shall be a burden upon and run with all the lands within the Subdivision. ARTICLE II OWNERS - HOMEOWNERS ASSOCIATION A. Membership . All persons or other entities (including without limitation the Declarant) who own or acquire all or part of the fee simple title to any of the Lots by whatever means acquired shall be referred to herein as "Owners". Each person or entity who is the Owner of a respective Lot, or if more than one, all persons and entities collectively who are the Owners of a respective Lot shall automatically be considered to have, for each such Lot owned, one membership interest in the Ziegler Subdivision Home Owners Association ("Association"), a Colorado non-profit corporation, in accordance with the Articles of Incorporation of the Association, which have been filed with the Colorado Secretary of State, as the same may be duly amended from time to time and also filed with the Colorado Secretary of State. Each Owner and Member shall be entitled to the privileges and obligations enumerated in this Declaration and in the Articles of Incorporation and the Bylaws of the Association, as the same now exist or as they may be amended from time to time. B. Purpose . The Association shall be authorized and empowered to take each and every step necessary or convenient for the implementation and enforcement of this Declaration. The Association shall have the right and responsibility to maintain, preserve, repair and otherwise protect and promote the interests of the Owners with respect to all common properties and interests of the Owners and the Association. The Association shall maintain, repair, regulate and keep all roads and easements within the Subdivision including any such roads dedicated to the County of Garfield, Colorado in good, safe and usable condition to the extent that such may Q:\Z\Ziegler, Don\Subdivision Exemption\DECLARATION OF PROTECTIVE COVENANTS Draft # 1.doc -I- be reasonably necessary, feasible and desirable. The Association may enter into agreements with third parties for the performance of the responsibilities of the Association above described. All costs and expenses incurred by the Association in connection with any of the foregoing shall be borne by the Members and shall be assessed, all as more fully provided herein. ARTICLE III . PERMITTED USES A. Primary Dwelling Units. Only one (1) single-family dwelling unit shall be permitted to be constructed on each Lot. The minimum size of a single-family dwelling shall be two thousand (2,500) square feet, exclusive of basements, open porches, decks, carports and garages. The maximum size of any single-family dwelling shall be nine thousand (9,000) square feet, exclusive of basements, open porches, decks, carports and garages. B. Outbuildings. Outbuildings including but not limited to, greenhouses, tool sheds, work areas, and the like, are permitted on all Lots within the Subdivision; provided however, that each garage shall be attached to a primary dwelling unit. The gross floor area of any single Outbuilding shall not exceed one thousand two hundred (1,200) square feet, and the total gross floor area of all Outbuildings on any single Lot shall not exceed two thousand two hundred (2,200) square feet. No such Outbuilding shall exceed eighteen (18) feet in height at the ridgeline. D. Agricultural Uses. The raising and harvesting of crops, gardening, greenhouse, nursery and orchard uses and activities shall be permitted within the Subdivision; provided however, that any and all such agricultural uses and activities shall remain subject to all other applicable provisions and restrictions of this Declaration, including but not limited to those contained within Article V, Sections F and G governing the stabling, boarding and keeping of animals and Article V Section H governing commercial uses. E. Other Uses. The following identified Other Uses shall be permitted within the Subdivision only upon the approval of the same by the Board of County Commissioners for Garfield County, Colorado pursuant to the applicable provisions of the Garfield County Zoning Regulations: 1. Arts and crafts studio 2. Home occupation ARTICLE IV. ARCHITECTURAL COMMITTEE A. Architectural Committee. So long as the Declarant owns a Lot within the subdivision, Declarant may from time to time, appoint and remove the members of the Q:\Z\Ziegler, Don\Subdivision ExemptiolkLARATION OF PROTECTIVE COVENANTS Draft - 2 - • • Architectural Committee in Declarant's sole discretion, and the Board of Directors of the Association (the "Board of Directors") shall have no authority to remove any member so appointed. Upon the sale of the last Lot owned by the Declarant, any new members of the Architectural Committee shall be appointed by the Board of Directors of the Association. The persons serving on the Architectural Committee shall serve at the pleasure of the Board of Directors who may remove a member of the Architectural Committee and appoint a new member at any time, provided there shall at all times be three (3) persons serving on the Architectural Committee. The members of the Architectural Committee may also be directors of the Association and need not be Owners. The Architectural Committee shall have and exercise all the powers, duties and responsibilities set out in this instrument. The Architectural Committee shall not be obligated to have regular meetings, but shall meet as necessary to conduct the business of the Committee. All members of the Committee shall be provided at least ten (10) days advance notice of all Committee meetings. B. Approval by Architectural Committee. No improvements of any kind, including, but not limited to, dwelling units, greenhouses, garages, tool sheds, work areas, fences, walls, driveways, towers, antennae, satellite dishes, kennels, exterior lighting, corrals, flagpoles, curbs and walks shall be constructed, erected, altered or permitted to remain within the Subdivision unless the complete architectural and site development plans and specifications (and such other items as are included in the "Plans" defined below) for such construction or alteration are approved by the Architectural Committee prior to the commencement of such work, except as Declarant may be specifically permitted to do by this Declaration or required to do by any subdivision improvements agreement between the Declarant and Garfield County. Re - vegetation of all in -fills and cuts will be required. At least three (3) complete sets of the architectural and site development plans and specifications (collectively "Plans") shall be submitted to the Architectural Committee. All copies of the Plans shall be signed and dated for identification by the Owner or his architect. The Architectural Committee shall have the right to request whatever additional specification information, plans, specifications, reports and the like it deems necessary to evaluate the development proposal throughout the approval and construction process. In addition, the Architectural Committee may adopt rules and regulations which shall specify additional information, reports, plans, specifications and the like required to be submitted to the Architectural Committee and to be deemed part of the Plans for all purposes hereunder. In the event the Architectural Committee fails to take any action within thirty (30) days after three (3) copies of the Plans have been submitted to it and the submittal has been certified in writing by the Architectural Committee as complete, then all of such submitted architectural plans shall be deemed to be approved. The Architectural Committee shall not unreasonably disapprove any Plans. The majority vote of the full number of members of the Architectural Committee then in office shall be required for any approvals described herein. C. Improvements — Site Location. All structures or improvements shall be constructed within the approved building envelopes depicted on the Final Plat. Q:\Z\Ziegler, Don\Subdivision Exemption\DECLARATION OF PROTECTIVE COVENANTS Draft # I .doc - 3 - D. Building Permit. An Owner may apply for a building permit from the Garfield County Building department at any time; provided, however, that the Plans approved by the Building Department shall not differ in any substantial way from the Plans approved by the Architectural Committee. If the plans approved by the Building Department differ in any substantial way as determined by the Architectural Committee, then all approvals of the Architectural Committee shall be deemed automatically revoked. E. Variances. Unless specifically prohibited by a provision of this Declaration, the Architectural Committee may, by an affirmative vote of a majority of the full numbers of members of the Architectural Committee then in office, allow reasonable variances as to any of the covenants and restrictions governing architectural control contained in this Declaration and/or policies or rules promulgated by the Architectural Committee, on such terms and conditions as it shall require. No variance shall be granted which contravenes any provision of this Declaration which was required by an approval obtained by Declarant from Garfield County for the Subdivision or which violates the Garfield County Land Use and Building Codes. No variance shall be granted without written notice of the request for such variance provided ten (10) days prior to the hearing for said variance to all Owners. Notice to such Owners shall be deemed effective when placed in the United States mail, first-class postage prepaid, certified with return receipt requested, and addressed to the last known address for each Owner as provided to the Association. F. General Requirements. The Architectural Committee shall exercise its best judgment to see that all improvements and alterations within the Subdivision harmonize (to the greatest extent possible) with the natural surroundings within the Subdivision and with other structures and improvements within the Subdivision as to design, materials, color, siting, height, grade, finished ground elevation of neighboring lots, established drainage and other design features. 1. Materials. The Architectural Committee shall evaluate, among other things, the materials and colors to be used on the outside of buildings or structures, and the harmony of finished grade and floor elevation with the natural surroundings contained within the Subdivision. 2. Site Location. The Architectural Committee shall exercise its judgment to preserve the natural characteristics of each Lot including trees, vegetation, and the natural setting of each building site. The Architectural Committee shall evaluate the relationship of any proposed structure or improvement to topography, the view sheds of and relationships to other existing or potential structures and improvements in the Subdivision. G. Preliminary Approvals. Owners who anticipate constructing or modifying structures or improvements on a Lot may submit preliminary sketches or plans therof to the Architectural Committee for informal and preliminary approval or disapproval. All preliminary sketches should be submitted in at least three (3) sets and should contain sufficient general information on those matters required to be in the complete Plans to allow the Architectural Q:\Z\Ziegler, Don\Subdivision ExemptioLARATION OF PROTECTIVE COVENANTS Draft • -4- • Committee to act intelligently in giving an informed preliminary approval or disapproval. The Architectural Committee shall never be committed or bound by any preliminary or informal approval or disapproval. The preliminary approval process is offered as an accommodation only, and the Architectural Committee may set fees for this service. H. Architectural and Site Development Plans. The Architectural Committee shall disapprove any Plans submitted to it which do not contain sufficient information for it to exercise the judgment required of it by this Declaration. I. Architectural Committee Not Liable. Neither the Architectural Committee nor any member thereof shall be liable for damages to any person or entity submitting any Plans for approval, or to any Owner or Owners, by reason of any action, failure to act, approval, disapproval or failure to approve or disapprove with regard to such Plans. Neither the Architectural Committee nor any member thereof shall have any liability or responsibility for any representations made to any Owner or prospective Owner by any third parties. The decisions of the Architectural Committee shall be governed by this Declaration and any rules or regulations duly adopted by the Architectural Committee pursuant to this Declaration. J. Written Records. The Architectural Committee shall keep and safeguard for at least five (5) years complete permanent written records of all approved applications, including one (1) set of the finally approved Plans, and of all actions of approval or disapproval and all other formal actions taken by it under the provisions of this Declaration. K. Authority to Promulgate Rules and Regulations. The Architectural Committee may promulgate and adopt rules and regulations necessary to implement this Declaration. These rules and regulations may include submission requirements concerning the type of information, reports, plans and specifications, and other information necessary to make an informed decision regarding requests for development, alterations and the like. ARTICLE V . RESTRICTIONS AND PROTECTIVE COVENANTS A. No Further Subdivision. No Lot shall ever be further subdivided into smaller lots or conveyed or encumbered in less than the full dimensions as shown on the recorded Final Plat; provided however, that conveyances or dedications or easements, if approved by the Architectural Committee, may be made for less than the full dimensions of a Lot. Notwithstanding the foregoing, a lot line adjustment between two (2) Lots shall be allowed, subject, however, to any reviews or approvals that may be required by the Garfield County Land Use Code and the prior approval of the Architectural Committee. B. Duplexes/Multi-Family Structures. Duplexes and multi -family structures are prohibited in the Subdivision. Q:\Z\Ziegler, Don\Subdivision Exemption\DECLARATION OF PROTECTIVE COVENANTS Draft # 1.doc - 5 - C. Fencing. Fencing shall be restricted throughout the Subdivision to facilitate wildlife movements, optimize habitat availability, and reduce wildlife mortality. If peripheral fencing of a Lot is required to restrict domestic livestock grazing on adjacent properties, fencing shall employ a natural color. Wood rail fencing which is used it shall not exceed forty-two (42) inches in height and twelve (12) inches in width (top view), and an opening in the lower one-half ('/z) of at least sixteen (16) inches to allow passage of deer fawns and elk calves. 1. Owners shall be permitted a privacy fence, exceeding forty-two (42) inches in height with no openings, to enclose up to two thousand five hundred (2,500) square feet, providing it is immediately adjacent to the residential unit and is contained entirely within the respective Lot's building envelope. 2. If security fencing is required such fencing shall not be more than seven (7) feet in height and must be so constructed that wildlife movement between and through the Subdivision and the Lots is not lost or impaired. D. Lighting. All exterior lighting shall be directed downward and towards the applicant's property. The Architectural Committee will also recommend that all Owners make every effort possible to limit the use of exterior lighting at night and shall encourage Owners to build in such a fashion that all light sources not be directly visible from outside of the Owners' respective Lot. The intent behind these considerations is to preserve the rural character of the Subdivision by limiting exterior lighting as much as possible while maintaining a safe atmosphere. E. Domestic Animals. Except as expressly limited herein, domestic animals such as dogs, cats, rabbits, caged birds and fish shall be permitted subject to any rules and regulations, which may be promulgated by the Board of Directors. Owners shall be entitled to keep dogs on their property pursuant to the following restrictions and limitations and subject to any additional rules and regulations which may be promulgated by the Association: 1. In conformance with the Garfield County Subdivision Regulations, no more than one dog, excluding puppies under the age of fifteen (15) weeks, shall be kept by any Owner at any time upon any one (1) Lot; provided however, that in the event that Garfield County amends the above identified Subdivision Design Standard to allow the keeping of more than one (1) dog per Lot, this provision shall automatically be amended to incorporate said increase. 2. Dogs shall be kept under the control of their Owners at all times and shall not be permitted to fun free or to cause a nuisance in the Property. No dogs shall be allowed beyond the boundaries of the Lot owned by the person(s) where the dog is housed unless leashed and accompanied by a person in full control of such dog. Q:\Z\Ziegler, Don\Subdivision Exemptio0 nLARATION OF PROTECTIVE COVENANTS Draft # -6- • • 3. Dogs shall not be allowed to bark continuously, which shall be defined as barking for a continuous fifteen (15) minute period, including successive barks or a series of barks which repeat or resume following a brief or temporary cessation. 4. When not accompanied by a person, all dogs shall be leashed, chained, "electric fenced," or kenneled. The location of kennels shall be subject to review of the Architectural Committee. 5. All dogs shall be kept reasonably clean, and all Lots shall be free of refuse and animal waste. 6. Should any dog chase or molest deer, elk or any domestic animals or persons, or destroy or disturb property of another, the Association shall be authorized to prohibit the Owner or any tenant, invitee, event, guest or other user of a Lot from continuing to maintain the offending animal on his property and may take any action necessary to remove the offending animal from the Subdivision. The offending dog owner shall be provided written notice of such action at least two (2) days before removal occurs. Within such two (2) day period, the offending dog shall be kenneled at a licensed kennel. All charges associated with action taken by the Association may be assessed against either the Owner and/or the dog owner, or both, at the Association's sole option. 7. Notwithstanding the foregoing, no animal may be kept upon a Lot which, in the sole discretion and judgment of the Executive Board results in any annoyance or is obnoxious to other Owners within the Subdivision. F. Horses. The open pasturing of horses shall be permitted within the Subdivision; however, no more than (2) horses may be kept on any (1) Lot. G. Ranch and Farm Animals. Ranch or farm animals including but not limited to, cattle, llamas, goats, pigs, and sheep shall be permitted within the Subdivision for the purpose of allowing the participation by Lot Owners and the members of their families in 4-H, Future Farmers of America or such other similar programs only. All such ranch or farm animals shall be at all times properly penned or corralled within the respective Lot Owner's Lot and shall not in any event be allowed to remain within the Subdivision for a time period greater than one (1) year. H. Underground Utility Lines. All water, sewer, gas, electrical, telephone, cable television and other utility pipes or lines within the limits of Subdivision shall be buried underground and not be carried on overhead poles or above the surface of the ground. Any areas of natural vegetation or terrain in the Subdivision disturbed by the burying of utility lines shall be re -vegetated by and at the expense of the respective Owners causing the installation of the utilities no later than the next growing season following installation. I. Service Yards and Trash. Equipment, service yards or storage piles on any Lots shall be permitted during the time periods during which construction activities are ongoing. Otherwise, no lumber, metals, equipment or bulk materials shall be kept, stored or allowed to accumulate outside on any Lot unless the same are appropriately screened from the views of Q:\Z\Ziegler, Don\Subdivision Exemption\DECLARATION OF PROTECTIVE COVENANTS Draft#I.doc. -7- other Lot Owners. All scraps, refuse and trash shall be removed from all Lots, shall not be allowed to accumulate and shall not be burned thereon. J. No Mining, Drilling or Quarrying. Mining, quarrying, tunneling, excavating or drilling for any other substances within the earth, including oil, gas, minerals, gravel, sand, rock and earth, shall not be permitted within the limits of the Subdivision. K. K. Domestic Water Wells. Domestic water service for Lots 2, 3 and 4 shall be provided by that water well permitted under Well Permit No. 67672-F as that well is augmented under West Divide Water Allotment Contract No. 070419EastDZ(a), which Well Permit and Water Allotment Contract shall be assigned by the Declarant to the Association within thirty (30) days from the date of the filing of this Declaration in the records of the Clerk and Recorder for Garfield County, Colorado. At all times each Owner and the Association shall abide by and comply with the terms, conditions and provisions contained within the Well Permit and Water Allotment Contract. ,By execution hereof the Association is granted the authority and imposed the obligation to accept said assignment of the Well Permit and Water Allotment Contract. The Association shall be responsible for the maintenance, operation, repair and replacement of the Water Well, including all water lines, pumps and appurtenant facilities, and for the timely payment of all fees, charges and assessments imposed by the West Divide Water Conservancy District under the Water Allotment Contract. All such expenses, fees, charges and assessments shall constitute an Assessment(s) as defined under Article VII, Infra., as against Lots 2, 3 and 4 and the Association, as to all such Assessments shall be conferred all the rights, powers and duties set forth within said Article VII. All such Assessments shall be levied against Lots 2, 3 and 4, pro rata. The Association instant to the performance of its duties and responsibilities hereinabove stated shall be entitled to access all areas and properties encompassed within the Water Well and Pipeline Easement more fully described within the Final Plat. In the event the Association should fail to perform any of the duties hereinabove set forth, the Owners, individually or collectively shall have the authority, following the provision of timely notice to the Association, to perform or have performed said duties in the place and stead of the Association. In the event of a health hazard or cessation of service, "timely notice" as set forth hereinabove shall be deemed to constitute no more than twenty-four (24) hour advance oral notice. All costs incurred by said Owner or Owners shall be reimbursed thereto by the Association pursuant to the Assessment procedures set forth within Article VII. Domestic water service to Lot 1 shall be provided by that water well permitted under Well Permit No. as augmented under West Divide Water Allotment Contract No. ; which Well Permit and Water Allotment Contract shall be assigned by the Declarant to the Owner upon the sale or transfer of Lot 1 by the Declarant. At all times thereafter, the Owner of Lot 1, individually, shall be responsible for the operation, maintenance, repair and replacement of the Water Well, including all water lines, pumps and appurtenant facilities, and all fees, charges and assessments imposed by the West Divide Water Conservancy District under the Water Allotment Contract. Q:\Z\Ziegler, Don\Subdivision Exemptio LARATION OF PROTECTIVE COVENANTS Draft # ll ip -8- L. Primary Access. Primary access to the Subdivision from State Highway 6&24 is along the private driveway dedicated to the association under the Final Plat. The costs of maintaining the said private driveway shall be borne exclusively by the Association in accordance with the provisions of this Declaration. M. Hunting. Hunting shall be prohibited within the Subdivision. In the event of conflict with wildlife on a Lot, the Owner shall contact the Colorado Division of Wildlife to determine appropriate measures to mitigate the conflict. Wildlife which constitutes a nuisance may only be removed or destroyed upon the approval of the Association and only in a manner approved by the Colorado Division of Wildlife. N. Trash Containers. All trash or garbage shall be contained within containers certified as bear -proof by the North American Bear Society, the National Park Service or the Colorado Division of Wildlife; provided however, that a Lot Owner may use trash or garbage containers which do not meet the certifications above described so long as: 1. Said container(s) is placed outside no earlier than the morning of the scheduled day of for trash collection by the Owner's waste service provider; and 2. Said container(s) is returned to the dwelling structure on the same day of collection by the Owner's waste service provider. O. Damage Waiver. The Association and the Lot Owners hereby waive and shall hold the Colorado Division of Wildlife harmless from any and all claims for damages to landscaping improvements or ornamental plants located within the subdivision resulting from the activities of big game (deer and/or elk). P. Removal of Carcasses. The Association and Owners shall be responsible for the removal and proper disposal of all animal carcasses located within the Subdivision. Q. Penalties/Wildlife Restrictions. The Association shall assess and enforce penalties against Lot Owners violating any of the wildlife restrictions set forth in this Article V. as follows: One Hundred Dollars ($100.00) for the first violation committed by the Lot Owner; Two Hundred Dollars ($200.00) for the second violation: Three Hundred Dollars ($300.00) for the third violation: and for each succeeding violation the fine shall increase in One Hundred Dollar ($100.00) increments. The dollar amounts of the fines may be changed upon the approval of the Association. ARTICLE VI . RESTRICTIONS ON LOTS A. Number and Location of Buildings. No buildings or improvements of any kind shall be placed, erected, altered or permitted to remain on any Lots except as approved by the Architectural Committee. B. Completion of Construction. Any construction activity on any Lot shall be completed and fully cleaned up within eighteen (18) months from the issuance of a building Q:\Z\Ziegler, Don\Subdivision Exemption\DECLARATION OF PROTECTIVE COVENANTS Draft # I.doc -9- permit, unless the Owner of the Lot shall first obtain a variance from the Architectural Committee to allow for a longer period of construction upon proof of due diligence. In the event a variance is not secured and eighteen (18) months from issuance of a building permit has passed, the Board of Directors may assess penalties in the amount of $100.00 per day. Owners shall obtain all required certification of acceptance for residential dwelling within eighteen (18) months of the issuance of building permits unless a variance extending such time period is issued by the Architectural Control Committee. C. Used or Temporary Structures. Except within an enclosed garage, no used or previously erected or temporary house, structure, mobile home, manufactured home, or trailer shall be located within the Subdivision. The foregoing prohibition shall not apply to construction trailers which shall be permitted for eighteen (18) months from the date of commencement of construction or until the issuance of a Certificate of Occupancy, whichever first occurs; provided, however, construction trailers may only be used for construction, office and storage purposes and shall not be occupied as a residence for any period of time. D. Enclosure of Unsightly Facilities and Equipment. All unsightly structures, facilities, equipment and other items, including, but not limited to, those specified below, shall be enclosed within a solid structure sufficient to screen such things from view from the common roads and neighboring homes to the greatest extent possible. Any motor home, trailer, camper, recreational vehicle, boat, truck, tractor, motorcycle, all terrain vehicle, snow removal or garden equipment and any similar items shall be kept at all times, except when in actual use, in an enclosed garage. Any propane or other fuel storage tanks shall be appropriately screwed on, in accordance with all applicable governmental rules and regulations. Any storage piles, refuse or trash containers, utility meters or other facilities, shall be enclosed within a structure or appropriately screened from view by plantings or fencing approved by the Architectural Committee and adequate to conceal the same from neighbors, streets and private roads. E. Noxious or Offensive Activity or Sounds. No noxious or offensive activity or sounds shall be carried on upon any portion of the Subdivision at any time, nor shall anything be done or permitted which may be or become a nuisance to other property or to the Owners thereby sight or sound, provided that the Board of Directors may authorize the use of sound and sound devices to control or manage wildlife, livestock or domestic animals. F. Air Quality Restrictions. In order to protect against the degradation which occurs to air quality as a result of the utilization of wood -burning devices, the following restrictions apply: 1. No open-hearth solid fuel fireplaces will be allowed anywhere within the Subdivision. 2. All dwelling units within the Subdivision will be allowed an unrestricted number of natural gas burning fireplaces or appliances. 3. All dwelling units within the Subdivision will be allowed one (1) new wood - burning stove as defined by Colorado Revised Statutes 25-7-401 et seq., and the regulations promulgated thereunder. Q:\Z\Ziegler, Don\Subdivision Exemptio41 n LARATION OF PROTECTIVE COVENANTS Draft # - 10 - • G. Firearms. The discharge or shooting of firearms is prohibited in the Subdivision except as may be permitted by rules and regulations adopted by the Board of Directors. H. Commercial Activities. Neither the conduct of any commercial activities nor the storage of materials, goods, equipment and other items used or associated with commercial activities shall be permitted on any Lot; provided, however, that personal vehicles with a business name placed thereon shall not be prohibited and Owners shall be permitted to maintain an office on their respective Lots so long as services are not provided which result in the public coming to such Lot on a regular basis. Home occupation shall be allowed within a Lot so long as the respective Owner thereof obtains all required Conditional Use permit approvals from Garfield County, Colorado. I. General Restriction. All Lots shall comply with restrictions contained in any other section of this Declaration. The Board of Directors may adopt, promulgate and enforce rules, regulations necessary or advisable to implement or interpret the provisions of this Declaration. ARTICLE VII. COLLECTION OF ASSESSMENTS — ENFORCEMENT A. Assessments. All Owners shall be obligated to pay any assessments lawfully imposed by the Board of Directors. To the extent the Association is responsible therefor, assessments may be lawfully imposed for any items of common expense which may include, among other things: expenses and costs of maintaining, repairing and plowing of roads within and accessing the Subdivision, expenses of the Architectural Committee; insurance, accounting and legal functions of the Association and all costs incurred by the Association pursuant to Article V, Section K. The Board of Directors may establish contingency and reserve funds necessary to satisfy the maintenance of the Association's obligations and to fund any other anticipated costs and expenses of the Association to be incurred in pursuit of its purposes. Contingency and reserve funds shall be in such an amount as the Board of Directors may deem necessary and appropriate for the aforesaid purposes. Each Owner shall be required to pay his pro -rata portion of these funds. As used herein, an Owner's pro -rata portion of common expenses shall mean a fraction formed by the number of Lots purchased and held by the Owner (numerator) and the number of Lots in the Subdivision (denominator). The Board of Directors shall have the right during any calendar year to levy and assess against all of the Owners a special assessment for such purposes or purposes, in accordance with this Declaration, the Articles or the Bylaws of the Association, as may be necessary or advisable. Such special assessment shall be paid for by the Owner(s) obligated to pay such assessment and shall be due and payable as determined by the Board of Directors. B. Lien for Nonpayment of Assessments. All sums assessed by the Board of Directors, any fines which may be levied on an Owner, and unpaid utility fees and assessments charged to an Owner, shall constitute a lien against such Lot superior (prior) to all other liens and encumbrances, excepting only: Q:\Z\Ziegler, Don\Subdivision Exemption\DECLARATION OF PROTECTIVE COVENANTS Draft # 1.doc - 11 - 1. Tax and special assessment liens on the Lots in favor of any governmental assessing unit; and 2. All sums unpaid on a first mortgage of record, including any unpaid obligatory sums as may be provided by encumbrance. Each Owner hereby agrees that the Association's lien on a Lot for assessments as herein above described shall be superior to the homestead exemption provided by Colorado Revised Statutes §38-410-201, et seq., and each Owner hereby agrees that the acceptance of the deed or other instrument of conveyance in regard to any Lot shall signify such grantee's waiver of the homestead right granted inaid section of the Colorado statutes. Any recorded lien for non-payment of the common expenses may be released by recording a release of lien executed by a member of the Board of Directors. If any assessment shall remain unpaid after thirty (30) days after the due date thereof, such unpaid sums shall bear interest from and after the due date thereof at the maximum rate of interest permitted by law, or at such rate as is determined by the Board of Directors, and the Board of Directors may impose a late charge on such defaulting Owner as may be established by the Board of Directors. In addition, the Board of Directors shall be entitled to collect reasonable attorneys' fees incurred in connection with any demands for payment and/or collection of delinquent assessments. To evidence such lien, the Board of Directors shall prepare a written notice setting forth the amount of such unpaid indebtedness, the name of the of the Lot and its legal description. Such a notice shall be signed by one (1) member of the Board of Directors and shall be recorded in the Office of the Clerk and Recorder of the County of Garfield, Colorado. Such lien may be enforced by foreclosure of the defaulting Owner's Lot by the Association in like manner as a mortgage on real property upon the recording of a notice of claim thereof. In any such foreclosure, the Owner shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing the notice or claim of lien, and all reasonable attorneys' fees. The Owner shall also be required to pay to the Association any additional assessments against the Lot during the period of foreclosure, and the Association shall be entitled to the appointment of a receiver to collect the same. The Board of Directors of the Association shall have the power to bid on the Lot at a foreclosure sale and acquire and hold, lease, mortgage and convey the same. The Association, at its election, and in addition to any other remedies it may have at law or in equity, may also sue an Owner personally to collect any monies owed the Association. C. Enforcement Action. The Association, acting by and through its Board of Directors, shall have the right to prosecute any action to enforce the provisions of all of this Declaration by injunctive relief, on behalf of itself and all or part of the Owners. In addition, each Owner and the Association shall have the right to prosecute any action for injunctive relief and for damages by reason of any violation of this Declaration. The prevailing party in any enforcement action shall be entitled to an award of its reasonable costs and attorneys' fees. The Board of Directors shall be entitled to assess penalties for late payment of assessments due the Association and to collect interest thereon at rates to be determined from time to time by the Board of Directors but not to exceed one and one-half percent (1'/2%) per month. After thirty Q:\Z\Ziegler, Don\Subdivision Exemptio"CLARATION OF PROTECTIVE COVENANTS Draft # c - 12 - • (30) days written notice to any Owner of a violation of this Declaration and the Owner's failure to eliminate or cure said violation, the Association may levy, in addition to the other remedies set forth herein, a penalty of up to One Hundred Dollars ($100.00) per day for every day the violation exists or continues after the expiration of said thirty (30) day period. D. Limitations on Actions. In the event any construction, alteration or landscaping work is commenced upon any of the Lots in violation of this Declaration and no action is commenced within one (1) year thereafter to restrain such violation, then injunctive or equitable relief shall be denied, but an action for damages shall still be available to any party aggrieved. This one (1) year limitation shall not apply to injunctive or equitable relief against other violations of this Declaration. ARTICLE VIII. RESERVED EASEMENTS A. Easements Shown on Final Plat. The Association is entitled to use such easements as are reflected on the Final Plat for the Subdivision. The Association shall have no obligation to pay any amount for the use and enjoyment of such easements. The Association shall pay for the cost of maintaining and repairing any improvements, which it places on any easements. B. Easements for Utilities, Access and Repairs. There are hereby reserved unto Declarant (so long as the Declarant owns a Lot within the Subdivision, the Association, and the designees of each (which may include, without limitation, Garfield County, Colorado and any utility company) easements upon, across, over and under all of the Lots, with the exception of the building envelope, to the extent reasonably necessary for the purpose of installing, replacing, repairing, and maintaining water wells and all pipes and appurtenances thereto cable television systems, master television antenna systems, security and similar systems, roads, walkways, bicycle pathways, drainage systems, irrigation systems, street lights, signage, and all utilities, including, but not limited to, meter boxes, telephone, gas and electricity. The foregoing easements may traverse the private property of any Owner; provided, however, an easement shall not entitle the holders to construct or install any of the foregoing systems, facilities, or utilities over, under or through any existing dwelling on a Lot or building envelope as shown on the Plat, and any damage to a Lot resulting from the exercise of an easement shall be reasonably repaired by, and at the expense of, the Person exercising the easement. The exercise of an easement shall not unreasonably interfere with the use of any Lot and, except in any emergency, entry onto any Lot shall be made only after reasonable notice to the Owner or occupant. Declarant specifically reserves the right to convey to the electric company, natural gas supplier and cable television or communications systems supplier and any other utility supplier an easement across any portion of the Subdivision for ingress, egress, installation, reading, replacing, repairing and maintaining utility meters and boxes. However, the exercise of this easement shall not extend to permitting entry into the dwelling on the Lot, nor shall any utilities be installed or relocated on any Lot, except as approved by the Association or Declarant. Should any entity furnishing a service covered by the general easement herein provided request a specific easement by separate recordable document, the Association or Declarant shall have the right to grant such specific, descriptive easement over the Subdivision Q:\Z\Ziegler, Don\Subdivision Exemption\DECLARATION OF PROTECTIVE COVENANTS Draft #1.doc - 13 - Property without conflicting with the terms hereof. The easements provided for in this Article shall in no way adversely affect any other recorded easement on the Property. The Owner of a Lot subject to such easement shall cooperate with Declarant and the Association and take all actions, including, without limitation, executing any documents evidencing such descriptive easement as reasonably requested by the Association or Declarant. ARTICLE IX. INSURANCE A. Types of Insurance. The Association may obtain and keep in full force and effect the following insurance coverage: 1. Fidelity coverage against the dishonesty of employees, destruction or disappearance of money or securities, and forgery. This policy shall also cover persons who serve the Association without compensation. 2. Coverage for members of the Board of Directors and officers of the Association, including committee members, against libel, slander, false arrest, invasion of privacy, errors and omissions, and other forms of liability generally covered in officers and directors liability policies. 3. General liability and property insurance. 4. Coverage against such other risks of a similar or dissimilar nature as the Board of Directors deems appropriate. ARTICLE X. GENERAL PROVISIONS A. Declaration to Run. All of the covenants, conditions and restrictions contained in this Declaration shall be a burden on the title to all of the lands in the Subdivision, the benefits thereof shall inure to the Owners, and the benefits and burdens of all said covenants, conditions and restrictions shall run with the title to all of the lands in the Subdivision. B. Termination of Declaration. In the event this Declaration has not been sooner lawfully terminated pursuant to any applicable laws of the State of Colorado and Garfield County, Colorado, and the provisions herein contained, this Declaration may be terminated on January 1, 2032, by a majority vote of the votes entitled to be cast by the Members of the Association at a meeting of the members duly held. If this Declaration is not so terminated, then it shall continue to be in full force and effect for successive twenty-five (25) year periods unless, at the close of a twenty-five (25) year period, this Declaration is terminated by a majority vote of the votes entitled to be cast by the members of the Association at a meeting of the Members duly held. In the event of any such termination by the members, a properly certified copy of the resolution of termination shall be placed on record in Garfield County, Colorado, not more than six (6) months after the meeting at which such vote is cast. liQ:\Z\Ziegler, Don\Subdivision Exemption OF PROTECTIVE COVENANTS Draft # - 14 - • • C. Amendment of Declaration. This Declaration may be amended by a majority vote of the votes entitled to be cast by the Members of the Association, said vote to be cast at a meeting of the Members duly held, provided a properly certified copy of the resolution of amendment be placed on record in Garfield County, Colorado, no more than six (6) months after said meeting. D. Severability. Should any part or parts of this Declaration be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Declaration. E. Paragraph Headings. The paragraph headings within this Declaration are for convenience only and shall not be construed to be a specific part of the terms hereof. F. Limited Liability. The Association and Board of Directors shall not be liable to any part for any action or for any failure to act with respect to any matter if the action taken or failure to act was in good faith without malice. The Owners severally agree to indemnify the Association and the Board of Directors against loss resulting from such action or failure to act if the Association and the Board of Directors acted or failed to act in good faith and without malice. IN WITNESS WHEREOF, this Declaration of Protective Covenants for Ziegler Subdivision Exemption has been executed as of the date and year first written above. STATE OF COLORADO ss. COUNTY OF Garfield DECLARANT: Peregrine 08 Investments, LLC, a Colorado limited liability company Don Ziegler, Manager The foregoing instrument was acknowledged and sworn to before me this day of , 2008, by the Don Zielger, Manager for Peregrine 08 Investments, Declarant. WITNESS my hand and official seal. My Commission expires: Notary Public Q:\Z\Ziegler, Don\Subdivision Exemption\DECLARATION OF PROTECTIVE COVENANTS Draft #1 doc - 15 - • STATE OkOLORADO Region 3 Traffic Section 222 S. Sixth St., Room 100 Grand Junction, Colorado 81501 (970) 683-6284 Fax:(970) 683-6290 November 17, 2008 Tim Thulson 818 Colorado Avenue Glenwood Springs, CO 81601 DEPARTMENT OF TRANSPORTATION RE: State Highway Access Permit No. 308123, Located on Highway 006, Milepost 96.88, in Garfield County. Dear Permittee or Applicant: The Colorado Department of Transportation (CDOT) has received your signed permit and application fee. A copy of the issued permit enclosed. The next step in the CDOT access permitting process is for you (Applicant) to obtain a Notice to Proceed (NTP). Failure to obtain an approved Notice to Proceed prior to any construction will be a violation of the State Highway Access Code (2 CCR 601-1,"the Code") § 2.4. Notice to Proceed Information Well in advance of construction, the Applicant shall request a NTP in writing along with submitting other items, such as construction drawings, specifications, and other required documents to CDOT. The Applicant must submit a complete packet of this information to CDOT with their written request. If the Applicant chooses not to request the NTP, the permit expires pursuant to subsection 2.3(11)(d). CDOT has seven days to determine if the NTP submittal is complete for review and then notify the applicant of any deficiencies. If complete, CDOT will review and comment on the submitted information within 30 -days. If CDOT determines the infolination is unacceptable, missing, or in need of correction, the Applicant shall correct their submittal and resubmit the complete request for NTP. Once resubmitted, CDOT will review the revised NTP documents within 10 -days. If the revised documents are satisfactory, CDOT will issue a NTP. If further corrections are necessary, the cycle of submittal, review and comments will repeat itself until approval is granted and the NTP is issued. The request for NTP shall include the following documents, along with any other items specified in the Terms and Conditions of your permit: 1) Cover Letter Requesting a NTP (include firm name, PE name and contact number) 2) Traffic Control Plan (3 copies) The traffic control plan must be: A. Consistent with CDOT Standard Plans Manual for Maintenance and Signing B. Consistent with the MUTCD C. Prepared by individual with American Traffic Safety Services Association (ATSSA) or Colorado Contractors Association certification — or sealed (stamped) by a Colorado registered professional engineer D. Acceptable to CDOT prior to any construction within the right-of-way E. Presented in a manner that provides a method of handling traffic (MHT) for each different phase of construction. The MHT will describe proposed construction phasing and will include dimensioned diagrams of work zone elements. The final traffic control plan must be submitted a minimum of three working days in advance of construction. Such plans may be revised as necessary with CDOT concurrence. 3) Insurance Liability Certification The Applicant or contractor shall be required to provide a comprehensive general liability and property damage insurance naming CDOT as an additional insured party, in the amounts of not less than $1,000,000 per occurrence and automobile liability insurance of $1,000,000 combined single limit bodily injury and property damage for each accident, during the period of access construction. 4) Complete Construction Plans The Applicant shall provide two copies of 11" x 17" construction plans and specifications for the proposed improvements. The plans shall: A. Address, as applicable, geometry, drainage, striping, signing, and signalization B. Include, but not limited to, layout of the access, highway improvements, utility locations, present and proposed drainage, present and proposed right-of-way lines, present and proposed traffic control devices, and clear zone analysis C. Sealed by a Colorado Professional Engineer in accordance with CRS 12-25-117 D. Conform to the requirement of the permit terms and conditions E. Include the following statement on the cover page of the plans: "This design is in full compliance with Section 4 of the State Highway Access Code, 2 CCR 601-1 except for the following approved design waivers:" Feel free to contact me with any questions you might have. Respectfully, Dan Roussin Region 3 Access Manager COLORADO DEPARTMEN1 TRANSPORTATION STATE HIGHWAY ACCESS PERMIT CDOT Permit No.3081Z3 State Highway No/Mp/Side 006 D / 96.880 / L Permit fee $100.00 Date of transmittal 9/18/2008 Region/Section/Patrol 3 / 02 / 10-2 Alen Hayes Local Jurisdiction Garfield County The Permittee(s); Applicant: Ret No.: Peregrine 08 Investments Tim Thulson Don Ziegler 0092 County Road 227 818 Colorado Avenue Rifle, CO 81650 Glenwood Springs, CO 81601 970-379-1280 970-945-6546 is hereby granted permission to have an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with this permit, including the State Highway Access Code and any attachments, terms, conditions and exhibits. This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any parts of this permit. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. Location: Located on the north side of Hwy 6, a distance of 300 feet west of Hwy 97. 2700 feet east of CR 277 (Miller Road) Access to Provide Service to: (Land Use Code:) (Size or Count) (Units) 210 - Single -Family Detached Housing (4 units) 4 DHV Additional Information: Please review additonal terms and conditions. MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. Signature Print Name Title Date Upon the signing of this permit the permttee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from Initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify D'Wavne Gavmon with the Colorado Department of Transportation in Grand Junction, Colorado at (970) 683-3355, at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit and its terms and conditions. Permittee' � . Print Name Date , ,------- -- This permit is not valid until signed by a duly authorized representative of the Department. COLORADO DEPARTMENT OF TRANSPORTATION Signat / Pri t Name ';')'-e, /c��i `, Ti 2 t x1� h7t�'rli Date (of issue) /7-D Copy Distribution: Required: 1.Region 2.Applicant Make copies as necessary for: 3.Staff Access Section Local Authority Inspector 4.Central Files MTCE Patrol Traffic Engineer Prevlou ditions are obsolete and may not be used Page 1 of 3 CDOT Form #101 5/07 State Highway Access Permit Form 101, Page 2 The following paragraphs are excerpts of the State Highway Access Code. These are provided for your convenience but do not alleviate compliance with all sections of the Access Code. A copy of the State Highway Access Code is available from your local issuing authority (local government) or the Colorado Department of Transportation (Department). When this permit was issued, the issuing authority made its decision based in part on information submitted by the applicant, on the access category which is assigned to the highway, what alternative access to other public roads and streets is available, and safety and design standards. Changes in use or design not approved by the permit or the issuing authority may cause the revocation or suspension of the permit. APPEALS 1. Should the permittee or applicant object to the denial of a permit application by the Department or object to any of the terms or conditions of a permit placed there by the Department, the applicant and permittee (appellant) have a right to appeal the decision to the [Transportation] Commission [of Colorado]. To appeal a decision, submit a request for administrative hearing to the Transportation Commission of Colorado within 60 days of transmittal of notice of denial or transmittal of the permit for signature. Submit the request to the Transportation Commission of Colorado, 4201 East Arkansas Avenue, Denver, Colorado 80222-3400. The request shall include reasons for the appeal and may include changes, revisions, or conditions that would be acceptable to the permittee or applicant. 2. Any appeal by the applicant or permittee of action by a local issuing authority shalt be filed with the local authority and be consistent with the appeal procedures of the local authority. 3. In submitting the request for administrative hearing, the appellant has the option of including within the appeal a request for a review by the Department's internal administrative review committee pursuant to [Code] subsection 2.10. When such committee review is requested, processing of the appeal for formal administrative hearing, 2.9(5) and (6), shall be suspended until the appellant notifies the Commission to proceed with the administrative hearing, or the appellant submits a request to the Commission or the administrative law judge to withdraw the appeal. The two administrative processes, the internal administrative review committee, and the administrative hearing, may not run concurrently. 4. Regardless of any communications, meetings, administrative reviews or negotiations with the Department or the internal administrative review Committee regarding revisions or objections to the permit or a denial, if the permittee or applicant wishes to appeal the Departments decision to the Commission for a hearing, the appeal must be brought to the Commission within 60 days of transmittal of notice of denial or transmittal of the permit. PERMIT EXPIRATION 1. A permit shall be considered expired if the access is not under construction within one year of the permit issue date or before the expiration of any authorized extension. When the permittee is unable to commence construction within one year after the permit issue date, the permittee may request a one year extension from the issuing authority. No more than two one-year extensions may be granted under any circumstances. If the access is not under construction within three years from date of issue the permit will be considered expired. Any request for an extension must be in writing and submitted to the issuing authority before the permit expires. The request should state the reasons why the extension is necessary, when construction is anticipated, and include a copy of page 1 (face of permit) of the access permit. Extension approvals shall be in writing. The local issuing authority shall obtain the concurrence of the Department prior to the approval of an extension, and shall notify the Department of all denied extensions within ten days. Any person wishing to reestablish an access permit that has expired may begin again with the application procedures. An approved Notice to Proceed, automatically renews the access permit for the period of the Notice to Proceed. CONSTRUCTION 1. Construction may not begin until a Notice to Proceed is approved. (Code subsection 2.4] 2. The construction of the access and its appurtenances as required by the terms and conditions of the permit shall be completed at the expense of the permittee except as provided in subsection 2.14. All materials used in the construction of the access within the highway right-of-way or on permanent easements, become public property. Any materials removed from the highway right-of-way will be disposed of only as directed by the Department. All fencing, guard rail, traffic control devices and other equipment and materials removed in the course of access construction shall be given to the Department unless otherwise instructed by the permit or the Department inspector. 3. The permittee shall notify the individual or the office specified on the permit or Notice to Proceed at least two working days prior to any construction within state highway right-of-way. Construction of the access shall not proceed until both the access permit and the Notice to Proceed are issued. The access shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation of construction within the highway right-of-way. A construction time extension not to exceed 30 working days may be requested from the individual or office specified on the permit. 4. The issuing authority and the Department may inspect the access during construction and upon completion of the access to ensure that all terms and conditions of the permit are met. Inspectors are authorized to enforce the conditions of the permit during construction and to halt any activities within state right-of-way that do not comply with the provisions of the permit, that conflict with concurrent highway construction or maintenance work, that endanger highway property, natural or cultural refices protected by right-of-way or anipted municipal system and drainage law, or the health and safety of workers or the public. plan. 5. Prior to using the access, the permittee is required to complete the construction according to the terms and conditions of the permit. Failure by the permittee to abide by all permit terms and conditions shall be sufficient cause for the Department or issuing authority to initiate action to suspend or revoke the permit and close the access. If in the determination of the Department or issuing authority the failure to comply with or complete the construction requirements of the permit create a highway safety hazard, such shall be sufficient cause for the summary suspension of the permit. If the permittee wishes to use the access prior to completion, arrangements must be approved by the issuing authority and Department and included in the permit. The Department or issuing authority may order a halt to any unauthorized use of the access pursuant to statutory and regulatory powers. Reconstruction or improvement of the access may be required when the permittee has failed to meet required specifications of design or materials. If any construction element fails within two years due to improper construction or material specifications, the permittee shall be responsible for all repairs. Failure to make such repairs may result in suspension of the permit and closure of the access. 6. The permittee shall provide construction traffic control devices at all times during access construction, in conformance with the M.U.T.C.D. as required by section 42- 4-104, C.R.S., as amended. 7. A utility permit shall be obtained for any utility work within highway right-of-way. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of a permitted access, the relocation, removal or repair shall be accomplished by the permittee without cost to the Department or issuing authority, and at the direction of the Department or utility company. Any damage to the state highway or other public right-of-way beyond that which is allowed in the permit shall be repaired immediately. The permittee is responsible for the repair of any utility damaged in the course of access construction, reconstruction or repair. 8. In the event it becomes necessary to remove any right- of-way fence, the posts on either side of the access shall be securely braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence. All posts and wire removed are Department property and shall be turned over to a representative of the Department. 9. The permittee shall ensure that a copy of the permit is available for review at the construction site at all times. The permit may require the contractor to notify the individual or office specified on the permit at any specified phases in construction to allow the field inspector to inspect various aspects of construction such as concrete forms, subbase, base course compaction, and materials specifications. Minor changes and additions may be ordered by the Department or local authority field inspector to meet unanticipated site conditions. 10. Each access shall be constructed in a manner that shall not cause water to enter onto the roadway or shoulder, and shall not interfere with the existing drainage system on the 11. By accepting the permit, permittee agrees to save, indemnify, and hold harmless to the extent allowed by law, the issuing authority, the Department, its officers, and employees from suits, actions, claims of any type or character brought because of injuries or damage sustained by any person resulting from the permittee's use of the access permit during the construction of the access. CHANGES IN ACCESS USE AND PERMIT VIOLATIONS 1. It is the responsibility of the property owner and permittee to ensure that the use of the access to the property is not in violation of the Code, permit terms and conditions or the Act. The terms and conditions of any permit are binding upon all assigns, successors -in -interest, heirs and occupants. If any significant changes are made or will be made in the use of the property which will affect access operation, traffic volume and or vehicle type, the permittee or property owner shall contact the local issuing authority or the Department to determine if a new access permit and modifications to the access are required. 2. When an access is constructed or used in violation of the Code, section 43-2-147(5)(c), C.R.S., of the Act applies. The Department or issuing authority may summarily suspend an access permit and immediately order closure of the access when its continued use presents an immediate threat to public health, welfare or safety. Summary suspension shall comply with article 4 of title 24, C.R.S. MAINTENANCE 1. The permittee, his or her heirs, successors -in -interest, assigns, and occupants of the property serviced by the access shall be responsible for meeting the terms and conditions of the permit, the repair and maintenance of the access beyond the edge of the roadway including any cattle guard and gate, and the removal or clearance of snow or ice upon the access even though deposited on the access in the course of Department snow removal operations. Within unincorporated areas the Department will keep access culverts clean as part of maintenance of the highway drainage system. However, the permittee is responsible for the repair and replacement of any access -related culverts within the right-of-way. Within incorporated areas, drainage responsibilities for municipalities are determined by statute and local ordinance. The Department will maintain the roadway including auxiliary lanes and shoulders, except in those cases where the access installation has failed due to improper access construction and/or failure to follow permit requirements and specifications in which case the permittee shall be responsible for such repair. Any significant repairs such as culvert replacement, resurfacing, or changes in design or specifications, requires authorization from the Department. Form 101, Page 3 STATE HIGHWAY ACCESS PERMIT 308123 Located on Highway 006A near RP 96.880 Left Issued to Peregrine 08 Investments Inc. TERMS AND CONDITIONS September 16, 2008 1. This permitted access is only for the use and purpose stated in the Application and Permit. This Permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), and is based in part upon the information submitted by the Permittee. Any subsequent relocation, reconstruction, or modifications to the access or changes in the traffic volume or traffic nature using the access shall be requested for by means of a new application. Any changes causing non-compliance with the Access Code may render this permit void, requiring a new permit. 2. This permit replaces any and all additional access permits that may be in existence. All other State Highway access to the properties owned by Donald Ziegler (Peregrine 08 Investments, LLC) shall be removed. 3. This access is for 4 single family residences. 4. If the properties redevelop in the commercial activities, then the access shall be off CR 277 (Miller Lane). 5. This access shall be constructed 20-30 feet wide with turning radii to accommodate the minimum turning radius of the largest vehicle or 35 foot, whichever is greater. 6. An 18 -inch minimum culvert with flared end treatments shall be required for this access. The culvert shall be kept free of blockage to maintain proper flow and drainage. 7. The access shall be constructed perpendicular to the travel lanes of the State Highway for a minimum distance of 40 feet from the edge of roadway. Side slopes shall be at a 4:1 slope on the roadway. The roadway shall slope away from the highway at a -2% grade for the first 20 feet of driveway. This design shall be in conformance with section 4 of the State Highway Access Code, 2CCR 601-1. 8. Materials, Placing and Compaction of Driveway: Unless the applicant has approval from the Access Manager which may state otherwise, the following will be required for driveway construction. As a minimum the materials for this driveway shall include; Sub -base: class 3 gravel placed in 6 inch lifts, Base: 6 inches of class 6 gravel in two 3 -inch lifts, Surface: 4 inches of pavement in two 2 inch lifts. Compaction of the subgrade, embankments and backfill shall comply with section 203.08 of the Colorado Highway Standard Specifications for Road and Bridge Construction. 9. The access shall be surfaced in accordance with Section 4.7 of the Access Code immediately upon completion of earthwork construction and prior to use. This access shall be hard surfaced in accordance with Section 4.7 of the Access Code a minimum distance of 20feet from the traveled way or to the CDOT Right -of -Way. Where the hard surface is to abut existing pavement, the existing pavement shall be saw cut and removed a minimum of one foot back from the existing edge for bituminous, or until an acceptable existing cross slope is achieved. Surfacing shall meet the Department's specifications with minimum surfacing to be equal to or greater than existing highway conditions. 10. A Notice to Proceed, CDOT Form 1265, is required before beginning construction on the access or any activity within the highway Right -of -Way. To receive the Notice to Proceed the applicant shall submit a complete packet to CDOT with the following items: (a) A cover letter requesting a Notice to Proceed, and the intended date to begin construction. 1 • STATE HIGHWAY ACCEERMIT 308123 • September 16, 2008 Located on Highway 006A near RP 96.880 Left Issued to Peregrine 08 Investments Inc. TERMS AND CONDITIONS (cont.) (b) Construction Plans Stamped (11"x 17" with a minimum scale of 1" = 50') by a Colorado Registered Professional Engineer in full compliance with the State Highway Access Code The plan shall provide: i) Plan view with driveway dimensions - turn radius, width, slope, gates, etc. ii) Typical road section - existing and proposed sub base, base, pavement, and shoulder dimensions. iii) Centerline profile of the access/Hwy connection showing depths, driveway slope, etc. (c) Certificate of Insurance Liability as per Section 2.3(11)(i) of the State Highway Access Code. (d) A certified Traffic Control Plan in accordance with Section 2.4(6) of the Access Code. The Traffic Control Plan shall provide accessibility features to accommodate all pedestrians including persons with disabilities for all pathways during construction. 11. No drainage from this site shall enter onto the State Highway travel lanes. The Permittee is required to maintain all drainage in excess of historical flows and time of concentration on site. All existing drainage structures shall be extended, modified or upgraded, as applicable, to accommodate all new construction and safety standards, in accordance with the Department's standard specifications. 12. Open cuts, which are at least 4 inches in depth, within 30 feet of the edge of the State Highway traveled way, will not be left open at night, on weekends, or on holidays, or shall be protected with a suitable barrier per State and Federal Standards. 13. Nothing in this permit shall prohibit the chief engineer from exercising the right granted in CRS 43-3-102 Including but not limited to restricting left hand turns by construction of physical medial separations. 14. The Permittee is responsible for obtaining any necessary additional Federal, State and/or City/County permits or clearances required for construction of the access. Approval of this access permit does not constitute verification of this action by the Permittee. Permittee is also responsible for obtaining all necessary utility permits in addition to this access permit. 15. All workers within the State Highway right of way shall comply with their employer's safety and health policies/procedures, and all applicable U.S. Occupational Safety and Health Administration (OSHA) regulations - including, but not limited to the applicable sections of 29 CFR Part 1910 - Occupational Safety and Health Standards and 29 CFR Part 1926 - Safety and Health Regulations for Construction. Personal protective equipment (e.g. head protection, footwear, high visibility apparel, safety glasses, hearing protection, respirators, gloves, etc.) shall be worn as appropriate for the work being performed, and as specified in regulation. 16. The Permittee shall provide accessibility features to accommodate all pedestrians including persons with disabilities for all pathways during and after construction. 17. The permittee is required to comply with the Americans with Disabilities Act Accessibility Guidelines (ADAAG) that have been adopted by the U.S. Architectural and Transportation Barriers Compliance Board (Access Board), and incorporated by the U.S. Attorney General as a federal standard. These guidelines are defining traversable slope requirements and prescribing the use of a defined pattern of truncated domes as detectable warnings at street STATE HIGHWAY ACCESS PERMIT 308123 Located on Highway 006A near RP 96.880 Left Issued to Peregrine 08 Investments Inc. TERMS AND CONDITIONS (cont.) September 16, 2008 crossings. The new Standards Plans and can be found on the Design and Construction Project Support web page at: http://www.dot.state.co.us/DesianSupport/, then click on Design Bulletins. 18. When it is necessary to remove any highway right-of-way fence, the posts on either side of the access entrance shall be securely braced with approved end posts and in conformance with the Department's M-607-1 standard, before the fence is cut, to prevent slacking of the remaining fence. All materials removed shall be returned to the Department. 19. It shall be the responsibility of the Permittee to maintain adequate sight distance for this driveway. Trimming of vegetation or trees to maintain adequate sight distance is the sole responsibility of the permittee. 20. Any damage to present highway facilities including traffic control devices shall be repaired immediately at no cost to the Department and prior to continuing other work. 21. During access construction no construction personnel vehicles will be permitted to park in the state highway right-of-way. 22. If the access has a gate across it, the gate shall be set back far enough from the highway so that the longest vehicle using it can clear the roadway when the gate is closed. 23. Any mud or other material tracked or otherwise deposited on the roadway shall be removed daily or as ordered by the Department inspector. If mud is an obvious condition during site construction, it is recommended that the contractor build a Stabilized Construction Entrance or Scrubber Pad at the intended construction access to aid in the removal of mud and debris from vehicle tires. The details of the Stabilized Construction Entrance is found in the M & S Standards Plan No. M-208-1. 24. A fully executed complete copy of this permit and the Notice to Proceed must be on the job site with the contractor at all times during the construction. Failure to comply with this or any other construction requirement may result in the immediate suspension of work by order of the Department inspector or the issuing authority. 25. No work will be allowed at night, Saturdays, Sundays and legal holidays without prior authorization from the Department. The Department may also restrict work within the State Highway right-of-way during adverse weather conditions. 26. The access shall be completed in an expeditious and safe manner and shall be completed within 45 days from initiation of construction within State Highway right-of-way or in accordance with written concurrence of the Access Manager. All construction shall be completed in a single season. 27. All costs associated with any type of utility work will be at the sole responsibility and cost of the permittee and at no cost to CDOT. 28. Areas of roadway and/or right-of-way disturbed during this installation shall be restored to their original conditions to insure proper strength and stability, drainage and erosion control. Restoration shall meet the Department's standard specifications for topsoil, fertilization, mulching, and re -seeding. 29. Upon the completion of the access and prior to any use as allowed by this permit, the applicant shall notify the Access Manager by certified mail within 10 days to request a final inspection. r • STATE HIGHWAY ACCEIERMIT 308123 Located on Highway 006A near RP 96.880 Left Issued to Peregrine 08 Investments Inc. TERMS AND CONDITIONS (cont.) IP September 16, 2008 This request shall include certification that all materials and construction have been completed in accordance with all applicable Department Standards and Specifications; and that the access is constructed in conformance with the State Highway Access Code, 2 CCR 601-1, including this permit. The engineer of record as indicated on the construction plans, shall be present for this inspection. The access serviced by this permit may not be opened to traffic until written approval has been given from the CDOT Access Manager. COLORADO DEPARTMENT OF TRANSPORTATION Environmental Clearances Information Summary PURPOSE - This summary is intended to inform entities extemal to CDOT that may be entering the state highway right-of-way to perform work related to their own facilities (such as Utility, Special Use or Access Permittees), about some of the more commonly encountered environmental permits/clearances that may apply to their activities. This listing is not all-inclusive - additional environmental or cultural resource permits/clearances may be required in certain instances. Appropriate local, state and federal agencies should be contacted for additional information if there is any uncertainty about what permits/clearances are required for a specific activity. IMPORTANT — Please Review The Following Information Carefully — Failure to Comply With Regulatory Requirements May Result In Suspension or Revocation of Your CDOT Permit, Or Enforcement Actions By Other Agencies CLEARANCE CONTACTS - As indicated in the permit/clearance descriptions listed below, the following individuals or agencies may be contacted for additional information: • Colorado Department of Public Health and Environment (CDPHE) — General Information — (303) 692-2035 Water Quality Control Division (WQCD) (303) 692-3500 Environmental Permitting Website http://www.cdphe.state.co.us/permits.asp. • CDOT Water Quality Program Manager; Rick Willard (303) 757-9343 • CDOT Asbestos Project Manager; Julia Horn (303) 512-5519 • Colorado Office of Archaeology and Historic Preservation: (303) 866-3395 • U.S. Army Corps of Engineers, District Regulatory Offices Omaha District (NE Colorado), Denver Office (303) 979-4120 http://www.nwo.usace.army.mil/html/od-tl/tri-lakes.html Sacramento Dist. (Western CO), Grand Junction Office (970) 243-1199 http://www.spk.usace.army.mil/cespk-co/requlatory/ Albuquerque District (SE Colorado), Pueblo Reg. Office (719)-543-6915 http://www.spa.usace.army.mil/req/ • CDOT Utilities, Special Use and Access Permitting: (303) 757-9654 http://www.dot.state.co.us/Permits/ Ecological Resources — Disturbance of wildlife shall be avoided to the maximum extent practicable. Entry into areas of known or suspected threatened or endangered species habitat will require special authorization from the CDOT permitting office. If any threatened or endangered species are encountered during the progress of the permitted work, work in the subject area shall be hafted and the CDOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Information about threatened or endangered species may be obtained from the CDOT website http://www.dot.state.co.us/environmental/Wildlife/Guidelines.asp or the Colorado Division of Wildlife website http://wildlife.state.co.us/WIdlifeSpecies/SpeciesOfConcern/. Additional guidance may be provided by the Regional Permitting Office in the Permit Special Provisions. Cultural Resources — The applicant must request a file search of the permit area through the Colorado Office of Archaeology and Historic Preservation (OAHP), Denver, to ascertain if historic or archaeological resources have previously been identified. Inventory of the permit area by a qualified cultural resources specialist may be necessary, per the recommendation of OAHP and/or CDOT. If archaeological or historical artifacts are encountered during the progress of the permitted work, work in the subject area shall be halted and the CDOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office in the Permit Special Provisions. Contact Information Contact the OAHP at (303) 866-3395. General Prohibition — Discharges - All discharges are subject to the provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations. Prohibited discharges include substances such as wash water, paint, automotive fluids, solvents, oils or soaps. Contact Information: Contact the CDOT Water Quality Program Manager at (303) 757-9343, or the Colorado Department of Public Health and Environment, Water Quality Control Division (WQCD) at (303) 692-3500. General Authorization - Allowable Non-Stormwater Discharges - Unless otherwise identified by CDOT or the WQCD as significant sources of pollutants to the waters of the State, the following discharges to stormwater systems are allowed without a Colorado Discharge Permit System permit: landscape irrigation, diverted stream flows, uncontaminated ground water infiltration to separate storm sewers, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, footing drains; water line flushing, flows from riparian habitats and wetlands, and flow from fire fighting activities. Contact Information: The CDOT Water Quality Program Manager or the CDPHE Water Quality Control Division (telephone #'s listed above). Hazardous Materials, Solid Waste - The Solid Wastes Disposal Sites and Facilities Act C.R.S. 30-20-100, et al, and Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), prohibit solid waste disposal without an approved Certificate of Designation (a landfill permit). The Colorado Hazardous Waste Act C.R.S. 25-15-301 et al, and the Colorado Hazardous Waste Regulations (6 CCR 1007-3) prohibit the transfer, storage or disposal (TSD) of hazardous waste except at permitted TSD sites. There are no permitted landfills or TSD sites within the State Highway Right of Way. Therefore, all solid or hazardous wastes that might be generated by the activities of entities entering the State Highway Right of Way must be removed from the ROW and disposed of at a permitted facility or designated collection point (e.g., for solid waste, a utility or construction company's own dumpster). if pre-existing solid waste or hazardous materials contamination (including oil or gasoline contaminated soil, asbestos, chemicals, mine tailings, etc.) is encountered during the performance of work, the permittee shall halt work in the affected area and immediately contact the CDOT Regional Permitting Office for direction as to how to proceed. Contact Info: Contact the CDOT/CDPHE Liaison at (303)757-9787. Environmental Clearances Information Summar Page 1 of 3 Colorado Depit of Transportation November '07 11, Asbestos Containing Materials, AsbestoContaminated Soil — All work on asbestos containing materials (ACM) must comply with the applicable requirements of the CDPHE Air Pollution Control Division's (APCD) Regulation 8. Disposal of ACM, and work done in asbestos -contaminated soil, must comply with the CDHPE Hazardous Materials and Waste Management Division's (HMWMD) Solid Waste Regulations. The application for any CDOT permit must specifically identify any ACM involved in the work for which authorization is being requested. Additional guidance or requirements may be specified in the permit special provisions. Contact Info: CDPHE APCD and HMWMD Regulations can be accessed via the CDPHE Environmental Permitting Website listed above. Additional information concerning clearance on CDOT projects is available from Julia Horn, CDOT Asbestos Project Manager (303) 512-5519, or Theresa Santangelo-Dreiling, Property Management Supervisor (303) 512-5524. Construction Stormwater Permit; Stormwater Discharge From Industrial Facilities - Discharges of stormwater runoff from construction sites disturbing one acre or more - or certain types of industrial facilities - requires a CDPS Stormwater Permit. Contact Information: For Utility/Special Use activities being performed in conjunction and coordination with a CDOT highway construction contract, please contact the CDOT Water Quality Program Manager at (303) 757-9343. Otherwise, contact the CDPHE Water Quality Control Division at (303) 692-3500. Website: http://www.cd•he.state.co.us/wq/PermitsUnit/wgcdomt.html Construction Dewaterinq (Discharge or Infiltration) — Discharges of water encountered during excavation or work in wet areas may require a Construction Dewatering Discharge Permit. Contact Information: For Construction Dewatering Discharge Permits, contact the CDPHE WQCD at (303) 692-3500. Website:http://www.cdphe.state.co.us/wq/PermitsUnit/wgcdpmt.html Minimal Industrial Discharge Permit — Discharges of small quantities of wastewater or wastewater requiring minimal treatment, such as that resulting from hydrostatic testing or certain wash waters, may require a Minimal Industrial Discharge Permit ("MINDI"). Contact Info: Contact the CDPHE WQCD at (303) 692-3500. Website: http://www.cdphe.state.co.us/wq/PermitsUnit/wgcdpmt.html Municipal Separate Storm Sewer System (MS4) Discharge Permit — Discharges from the storm sewer systems of larger municipalities, and from the CDOT highway drainage system that lies within those municipalities, are subject to MS4 Permits issued by the CDPHE WQCD. For facilities that lie within the boundaries of a municipality that is subject to a MS4 permit, the owner of such facility should contact the municipality regarding stormwater related clearances that may have been established under that municipality's MS4 permit. All discharges to the CDOT highway drainage system must comply with the applicable provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations, and are subject to inspection by the CDOT and the CDHPE. Contact Information: Contact the CDPHE Water Quality Control Division at (303) 692-3500 for a listing of municipalities to obtain MS -4 Permits, or go to http://www.cdphe.state.co.us/w./PermitsUnit/w•cd•mt.html#Munici•alFormsGuidance. required Discharge of Dredged or Fill Material — 404 Permits Administered By the U.S. Army Corps of Engineers, and Section 401 Water Quality Certifications Issued by the CDPHE WQCD - Corps of Engineers 404 Permits are required for the discharge of dredged or fill materials into waters of the United States, including wetlands. There are various types of 404 Permits, including Nationwide Permits, which are issued for activities with relatively minor impacts. For example, there is a Nationwide Permit for Utility Line Activities (NWP #12). However, depending upon the specific circumstances, it is possible that either a "General" or "Individual" 404 permit would be required. If an Individual 404 Permit is required, Section 401 water quality certification from the CDPHE WQCD is also required. Contact Information: Contact the appropriate Corps District Regulatory Office for information about what type of 404 be required (information provided at top of ECIS). Contact the CDPHE Water Quality Control Division at (303) 692-3500. permit may Erosion and Sediment Control Practices - For activities requiring a Construction Stormwater Permit, erosion control requirements be will be specified through that permit. In those situations where a stormwater permit is not required, all reasonable measures should taken in order to minimize erosion and sedimentation. In either case, the CDOT Stormwater Quality and Erosion Control Guide (2002) should be used to design erosion controls. Contact Information: The CDOT Stormwater Quality and Erosion Control Guide may be Plans Office at (303) 757-9313 or from: htt.://www.dot.state.co.us/environmental/envWaterQual/wgms4.asp obtained from the Bid Disposal of Drilling Fluids - Drilling fluids used in operations such as Horizontal Directional Drilling may be classified as "discharges" Right or "solid wastes", and in general, should be pumped or vacuumed from the construction area, removed from the State Highway of Way, and disposed of at permitted facilities that specifically accept such wastes. Disposal of drilling fluids into storm drains, storm sewers, roadside ditches or any other type of man-made or natural waterway is prohibited by Water Quality Control and/or Solid Waste regulations. Small quantities of drilling fluid solids (less than 1 cubic yard of solids) may be left on-site after either being separated from fluids or after infiltration of the water, provided: 1) the drilling fluid consists of only water and bentonite clay, or, if required for proper drilling properties, small quantities of polymer additives that are approved for use in drinking water well drilling; 2) the solids are fully contained in a pit, and are not likely to pose a nuisance to future work in the area, 3) the solids are covered and the area restored as required by CDOT permit requirements (Utility, Special Use, or Access Permits, etc.). Contact Information: Contact the CDOT / CDPHE Liaison or CDOT Water Quality Program Manager. Concrete Washout - Waste generated from concrete activities shall NOT be allowed to flow into the drainage ways, inlets, receiving waters, or in the CDOT ROW. Concrete waste shall be placed in a temporary concrete washout facility. Concrete washout shall only be performed as specified by the CDOT Environmental Program and shall be in accordance to CDOT specifications and guidelines. Contact Information: Contact the CDOT Water Quality Program Manager at (303) 757-9343. Spill Reporting - Spills shall be contained and cleaned up as soon as possible. Spills shall NOT be washed down into the storm Regional drain or buried. All spills shall be reported to the CDOT Illicit Discharge Hotline at (303) 512-4446 (4H20), as well as the Permitting Office and Regional Maintenance Supervisor. Spills on highways, into waterways, or that may otherwise present an - Nnwamhar'07 Environmental Clearances Information Summary aoeZo immediate danger to the public shall be reported by calling 911, and shall also be reported to the CDPHE at 1-(877)-518-5608. Transportation of Hazardous Materials - No person may offer or accept a hazardous material for transportation in commerce unless that person is registered in conformance with the United States Department of Transportation regulations at 49 CFR, Part 171. The hazardous material must be properly classed, described, packaged, marked, labeled, and in condition for shipment as required or authorized by applicable requirements, or an exemption, approval or registration has been issued. Vehicles requiring a placard, must obtain authorization and a State HAZMAT Permit from the Colorado Public Utilities Commission. Contact Information: For authorization and more info call the Federal Motor Safety Carrier Administration, US DOT for inter- and intra -state HAZMAT Registration (303) 969-6748. Colorado Public Utilities Commission: (303) 894-2868. Paleontology - The applicant must request a fossil locality file search through the University of Colorado Museum, Boulder, and the Denver Museum of Nature and Science to ascertain if paleontological resources have been previously identified. Inventory of the permit area by a qualified paleontologist may be necessary, per the recommendation of CDOT. If fossils are encountered during the permitted work, all work in the subject area shall be halted and the CDOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office in the Permit Special Provisions. Contact Information: Contact the CDOT Paleontologist at (303) 757-9632. Working on or in any stream or its bank - In order to protect and preserve the state's fish and wildlife resources from actions that may obstruct, diminish, destroy, change, modify, or vary a natural existing stream or its banks or tributaries, it may be necessary to obtain a Senate Bill 40 certification from the Colorado Department of Natural Resources. A stream is defined as 1) represented by a solid blue line on USGS 7.5' quadrangle maps; and/or 2) intermittent streams providing live water beneficial to fish and wildlife; and/or 3) segments of streams supporting 25% or more cover within 100 yards upstream or downstream of the project; and/or 4) segments of streams having wetlands present within 200 yards upstream or downstream of the project. The Colorado Division of Wildlife (CDOW) application, as per guidelines agreed upon by CDOT and CDOW, can be accessed at www.dot.state. co.us/environmental/wildlife/permitapplication.asp. About This Form - Questions or comments about this Information Summary may be directed to Dahir Egal, CDOT Safety & Traffic Engineering, Utilities Unit, at (303) 757-9344, dahir.egalAdot.state.co.us Fnvirnmmrantal rinaranroc Infnrmatinn C nmmar. Pana 1 of 1 rninrarin Ilon�nt of Trancnnrtatinn Nn,, mhnr `n7 • 1 4! 1 1 1 i rcu— 1 File Number/Name(s) Project Name(s) Type of Application(s) l XDS4508 Ziegler Exemption Exemption Staff Planner: Kathy Eastley (_ ) Phone: 945-8212 Applicant: Peregrine 08, LLC Phone: 379-1280 Contact Person: Tim Thulson, Balcomb and Green Phone: 945-6546 Location: 31145 Highway 6, Rifle Summary of Request: REFERRAL FORM Garfield County Building and Planninepartment 108 8th Street, Suite 401, Glenwood Springs, CO 81601 Date Sent: May 6, 2008 •urn Requested: May 27, 2008 The Garfield County Planning Department has received a land use request as referenced above. Your comments are an important part of the evaluation process. In order to review all appropriate agency comments and incorporate them into the Staff Report, we request your response by Tuesday May 27, 2008. OTHER Number or Detail GARFIELD COUNTY Office or Division Road & Bridge Engineering Review — RE OR MC IY Q4V ,/ 4 t i�, Attorney X HOA Housing Planning Commission Sheriff's Dept Board of County Commissioners 5 Vegetation Manager X County Manager Oil and Gas Press LOCAL/FED GOVT ENTITIES COLORADO STATE Water Resources / State Engineer X Town — GWS/Basalt/DeBeaue/Cdaleletc Geological Survey (Fee) County — Eagle/Mesa/RioBlanco/Pitkin Department of Transportation X Bureau of Land Management Water Conservancy Board US Forest Service Mined Land Reclamation Board U.S. Army Corps of Engineers Health Department Forest Service (Fee) Wildlife Division (GWS OR GJ Office) DISTRICTS/SERVICES IIS West Public Service Holy Cross Electric AT&T School District — RE -1, RE -2, 16 Fire District — GWS/Silt/Rifle/GV/Cdale Rifle Fire Protection District Soil Conservation District Water/Sanitation USA __ liiIIFRESOURCE ®®®®® ®®®® E N G I N E E R I N G INC Kathy Eastley Garfield County Building and Planning Dept 108 8th Street, Suite 201 Glenwood Springs CO 81601 RE: Ziegler Exemption Subdivision Review May 28, 2008 Dear Kathy: At the request of Garfield County, Resource Engineering, Inc. (RESOCRCCE) reviewed the Subdivision Exemption submitted by Perigrine 08 Invlparcels. The property is lfor ecZieg at egler Exemption. The request is to split 41.85 acres into 4 31145 Highway 6 and 24 approximately dated April 2008.f The exemption the Town of subm ttal t. The submittal includes a packet of documents must meet the requirements of Section items are presented below. of the Garfield County Subdivision Regulations. Our review comments on technical Section 8:52 Review hway 6 & C) Access to all four parcels will �f obtainedlvate road off of prior to signing any exemption plat An access permit from CDOT m D) Physical and legal water supply is proposed from two wells. Lot 1 will be served by a well and lots 2, 3, and 4 will share a well. The submitted well permits are for monitoring/test wells. Valid well permits for the two wells approved for the intended uses of each must be submitted prior to signing any exemption plat. Note 8 on the exemption plat is a°��t Humberorrect t fo dSeach wehould etl.revised The n to show d alsall o lots and provide the correct well p reference the two WDWCD Water rAllotment Ilroitiu tnshow thetlocation for of aiwhich ch well and ach contract is applicable. The p map provide easements for the well facilities and pipelines to each lot. A well sharing agreement must be prepared prior to signing of anyption plat. The well facilities (pumps, tanks, meters, valves, etc.) and pipelines mube constructed prior to signing of any exemption plat. The sewage disposal is proposed to be Individual Sewage Disposal System. Based on poor soil conditions, it should be Note anticipated 6 on the exemption plat should be required as identified by the Applicant. be changed to state that engineered ISDS systems are required for each lot. ict E) The project is located within project should h uld be btaenedCity of Rifle ed priortetoffs gnDgtrof . any A Watershed Permit for the p 1c exemption plat. CO right -of - F) The proposedtadardor the easement mit ve road designation. The access 40 feet wide which meets the Rroad must be way standard for the required p Consulting Engineers and Hydrologists 111 Fax [970) 945-1137 909 Colorado Avenue ® Glenwood Springs, CO 81 601 IS (970) 945-6777 Kathy Eastley Page 2 constructed prior to signing any exemption plat and must meet the standards of Section 9.35 including two 8 foot lanes with 2 foot shoulders, a minimum curve radius of 50 feet, an engineered design for base and gravel surface, and a cul-de- sac length of less than 600 feet and proper tumaround design. The Access and Utility Easement should be labeled on the exemption plat map. G. Utility easements for the well and water system are required as described in Item D above. Please call if you have any questions or need additional information. Sincerely, RESOURCE EN e I EERING, INC. May 28, 2008 Michael J j tion, P.E. Water R sources Engineer MJE/mmm 885-63.0 K:1Ctients1885 GARC0163.0 ZIEGLER EXEMPTION\ Kathy Eastley subdivision review.doc , RESOURCE 1303121111 1313131313 NGINEERING I N C. Peregrine 08 Invest LLC • Kathy A. Eastley • Page 1 of 1 From: Roussin, Daniel[Daniel.Roussin@DOT.STATE.CO.US] Sent: Thursday, May 08, 2008 10:33 AM To: Kathy A. Eastley Cc: Fred Jarman; Killian, Brian Subject Peregrine 08 Invest LLC Attachments: Don Ziegler Letter .pdf, FW: CDOT Access Permit Application for SH -6 Between Silt and Rifle. Kathy - Thank you for the opportunity to review Peregrine 08 Investment LLC for the Zeigler Exemption. At this time, CDOT has placed the application on hold until the applicant providestfcant not using the County Road 227. We more information. The question is why isn't the app have responded to the applicant dated August 14, 2007. CDOT has not received a response to the letter. The applicant hasn't' provided evidence that CR 227 can not be used for the subdivision. The State Highway Access Code states a acc thes a applind cant acculd use the ess would be off thel road system. COOT is in favor of closing the U County Road. Here is the email and the tetter sent to the applicant. If you have any additional questions, please let me know. «Don Ziegler Letter .pdf>> «FW CDOT Access Permit Application for SH -6 Between Silt and Rifle. >> Dan Roussin Colorado Department of Transportation Region 3 Permit Unit Manager 222 South 6th, Suite 100 Grand Junction, Co 81501 970-683-6284 970-683-6290 FAX 6/11/2008 STAI h OF COLORADO DEPARTMENT OF TRANSPORTATION Traffic & Safety Section 222 South 6°i Street, Room 100 Grand Junction, Colorado 81501 (970) 248-7230 August 14, 2007 Donald Ziegler 0092 CO Rd. 227 Rifle, CO 81650 Dr. Mr. Donald Ziegler: We have reviewed your access permit application submitted for an access to State Highway (SH -6), approximate mile marker 96.880 near Silt, Colorado. CDOT is going to require that the applicant obtain a letter from Garfield County stating their position on whether they concur with Miller Lane being your only access to your property with the proposed additional residential units. Per the State highway access code Section 3.8 (2) "When application is made, one access shall be granted per parcel of land if reasonable access can not be obtained from the local street or road system". In this case it appears you have reasonable. access to Miller Lane. To date, the current access to SH -6 is non-compliant. Per term and condition # 4 on permit #303196 the permittee was required to obtain a notice to proceed, which never occurred and the permit has since expired. So as of now, the access to your property from State Highway 6 doesn't conform to the State Highway Access Code. The access application process has stopped until we receive a letter from Garfield County in regard to the issue mentioned above. Please contact me with the information provided above if you have any questions or concerns. Respectfully, 6.„, Dan Roussin Permit Manager Daniel.Roussindot.state.co.us Copy: File Page 1 of 1 • DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATER RESOURCES May 14, 2008 Kathy Eastley Garfield County Building and Planning Department 108 8th St., Suite 401 Glenwood Springs, CO 81601 Re: Ziegler Subdivision Exemption Sections 5 & 8, T6S, R92W, 6th PM Water Division 5, Water District 39 Bill Ritter, Jr. Governor Harris D. Sherman Executive Director Dick Wolfe, P.E. Director Dear Kathy: The above -referenced submittal requests a subdivision exemption for a 41.85 -acre parcel to be split into four single-family residential lots. As stated in the State Engineers March 4, 2005 memorandum to county planning directors, this office has no statutory responsibility to review land use actions that do not include the subdivision of land as defined in Section 30-28-101(10)(a), C.R.S. This referral does not appear to qualify as a "subdivision". However, we have performed a cursoryrevieyu and.are providing. informal,.cpmments. The applicant"intends to supply water through two existing wells. Permit Nos. 273661 and.. 27.3662:were.issuedfor the Ziegler East and West Monitoring Wells, respectively, for monitoring water levels and/or water quality sampling. The proposal also included copies of West Divide Water Conservancy District (WDWCD) Contract,Nos..070419WestDZ(a) and 070419EastDZ(a) for 0.85 acre-feet and 1.69 acre-feet, respectively. Well permits issued pursuant to CRS 37-90-137(2) and the WDWCD contracts must be obtained prior to the operation of the Ziegler East and West Wells pursuant to the contracts. Note that this office does not necessarily take the position that the water supply plan is valid. If you or the applicant has any questions concerning this matter, please contact me for assistance. Sincerely, Cynthia J. Leve Water Resources Engineer CJL/Ziegler.Exemptioriii,doc cc: Alan Martellerd, Division' Engineer. David Berry, Water Commissioner, District 45 RECEIV1 D MAY 1 8 2008 GARFIELD COUNTY BUILDING & PLANNING Office of the State Engineer 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589 www.water.state.co.us 5/29/08 Re: Peregrine 08 Investments 08, LLC. Subdivision exemption application Kathy, Here are my comments: On the list of adjacent owners and mineral owners, please let the applicant know that it should be updated before public hearing so that they can provide notice to owners. I don't know when the list was developed and there is no assessor's map showing the adjacent properties. This is a concern because in with the water information there is a hand written list of property owners, many more than on the Exhibit D, so the map would be helpful to understand exactly who the adjacent property owners are. The only real issue is with water, because the narrative says three lots, 2,3, and 4 will share one well. The water supply letter references the water contracts and indicates that there will be two wells, one for the western lot, the other for the two eastern lots to share. A 3 parcel subdivision is anticipated. The exemption is for 4 lots, seems that we're missing some info. Is there an existing well serving an existing residence on what is Lot 1? The property configuration that is depicted on the water supply letter is different than what is on the plat and it is very confusing. No other issues for now.