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HomeMy WebLinkAbout1.0 Kinney Amd Minor Sub Application Part 1KINNEY Minor Subdivision — Substantial Amendment Owner: Cynthia Fox (Kinney) 1000 County Road 113 Carbondale, Colorado 81623 Garfield County (970) 945-7620 Land Planning/Owner Representation: Tom Stevens The Stevens Group Inc. 0155 Maroon Mesa Road Carbondale, Colorado 81623 (970) 319-0699 tstevens@stevensgroupinc.com Civil/Survey Engineering: Hans Brucker Pinnacle Design 805 Buck Point Road Carbondale, Colorado 81623 (970) 963-2170 pinnacledesign@sopris.net Water Attorney: Paul Noto Patrick Miller Kropf & Noto P.C. 197 Prospector Drive, Suite 2104A Aspen, Colorado 81611 (970) 920-1020 nota@waterlaw.com Table of Contents Application Specifics II. General Project Description and Specifics of Amendment to Approval III. Regulatory Provisions IV. Exhibits a. Pre -Application Summary b. Signed Application Form c. Agreement to Pay Form d. Proof of Ownership - Current Deed e. Letter of Authorization to Represent f. Copy of existing Directors Decision Letter g. Copy of Original Submittal and Supplemental Information packages h. Water Rights, Water Quality Reports, Well 1, 2 and 3 i. Copy of Staff Report, Referral Comments, Hazard Maps from Original Submittal j. Letter from Civil Engineer Regarding Site Septic k. Waiver for Standards for Access to Lot 3 I. List or Property Owners within 200 Feet m. Existing Access Easement V Plans a. Existing Conditions and Vicinity Map b. Site Development Plan c. Plat 1. APPLICATION SPECIFICS TAX PARCEL NUMBER: 2393-171-00-092 OWNER: Cynthia A. Fox (Kinney) REPRESENTATIVE: Tom Stevens, The Stevens Group, Inc. - 970-319-0699 - tstevens@stevensgroupinc.com ADDRESS: 1000 CR 113 TYPE OF APPLICATION: Administrative - Minor Subdivision 2. GENERAL PROJECT DESCRIPTION GENERAL Cynthia Fox (Kinney), owner of a 29.88 acre parcel located towards the bottom of Cattle Creek, at 1 000 Cattle Creek Road, has previously received approval to subdivide the property into three individual lots (see Exhibit F - Directors Decision Letter). The site currently has one single family home served by well and septic system and accesses directly to Cattle Creek Road. This is referred to within this application as Lot 1. The applicant has created two new 2+ acre lots and provide building envelopes, each more restrictive than the zoning required setbacks, to minimize impact on natural resources. These shall be identified as Lot 2 and Lot 3. The fathering parcel, Lot 1, will include the current site improvements including a single-family home and accessory structures. Lots 2 and 3 have not been legally created at this time as the plat map has not been recorded, pending outcome of this Substantial Amendment. Cattle Creek bisects the property at the northern end of the site. The approved building envelopes for Lots 2 and 3 have been designed to avoid the designated floodplain, setback from the high water mark of the stream, as well as high water table (related to provision of wastewater). Also, a ditch runs through the property and has been located on the site plan and plat with required maintenance easements. Existing access to the current home site is directly from Cattle Creek Road via a driveway serving just the one home. The property is not part of any homeowners association. The creation of the two proposed lots will not require the formation of a new homeowners association. The zoning of the site is Rural which requires a minimum lot size of two acres. This subdivision will create two new lots, each just over two acres, therefore complying with the minimum lot size. The parent parcel, which is now 29.88 acres, will result in approximately 25.65 acres once the two proposed lots have been subtracted and is identified as Lot 1. The average lot size after this subdivision will be 9.96 acres. The Comprehensive Plan Future Land Use Map designates the site as appropriate for a density of 10+ acres per dwelling unit. The proposed subdivision complies with these target requirements and exceed minimum required lot size. Demonstration of an adequate legal and physical water supply has been provided within this application (See Exhibit F). Two new wells will be drilled, each to serve a new residence. The new well permits are currently in place and the physical wells will be drilled within the required timeframe specified within the permit. The intent is the new wells shall be drilled, pumped and quality tested within 90 days of the application approval (prior to the plat being finalized and recorded). The Applicant shall comply with this regulation. The two approved lots are currently surrounded by existing residences, each with an on-site wastewater treatment system (OWTS). It is the opinion of the project civil engineer that similar conditions will be encountered at the two proposed lots with respect to geologic conditions. A percolation test has been performed at each proposed lot and the results of those tests, as well as the Engineer's opinion of constructability of an OWTS, has.been attached herein (see Exhibit J). The test data shall be used in the design of the OWTS. A specific OWTS plan will need to respond to an actual residential design. Since this does not exist, and may not exist for several years, the OWTS plans will be submitted at the time building permit plans are submitted. SPECIFICS OF AMENDMENT TO APPROVAL There currently exists a legal access easement extending from County Road 100 (Cattle Creek Road) to the subject property, specifically Lot 3, extending through the property and providing access to the adjacent uphill property (see Exhibit M). It was discovered during surveying for the final plat process that the existing physical driveway is located just adjacent to the easement but not within the easement. Although Condition 6 of the approval states only legal access need be provided, it was determined by the County a legal AND physical access must exist or be constructed. Two options became present, vacate the existing easementand write a new easement to cover the existing driveway, or construct a new driveway, immediately adjacent to the existing driveway, but located within the existing easement. The applicant's preference is to vacate the existing easement, execute a new easement and utilize the existing driveway. To date, the applicant has been unable to reach the neighboring property owner to propose the new easement and has exhausted the potential for continued time extensions for vested rights. For this reason, the applicant seeks to amend the existing condition 6 of approval. This condition states "PRIOR TO THE BOARD SIGNING THE PLAT, THE APPLICANT SHALL DOCUMENT LEGAL ACCESS FOR LOT 3 THROUGH SUBMITTAL OF ADDITIONAL EASEMENT DOCUMENTS AND A SHARED DRIVEWAY AGREEMENT ADDRESSING USE AND MAINTENANCE IF ETERMINED NECESSARY BY THE COUNTY ATTORNEY'S OFFICE. THE ADDITIONAL DOCUMENTATION SHALL BE SUBJECT TO REVIEW AND ACCEPTANCE BY THE COUNTY ATTORNEY'S OFFICE" Due to circumstances described above, the applicant proposes amended language to Condition 6 to read, Legal and physical access to Lot 3 shall be provided to the County in a form acceptable to the County Attorney's office prior to the issuance of a Building Permit on Lot 3, or prior to the transference of ownership of Lot 3. Final Plat shall be recorded within 90 days of approval of this amendment This language allows for the recordation of the Minor Subdivision Plat and the conversion of vested rights to absolute rights as well as provides for legal and physical access to Lot 3 prior to any construction of transference of title to Lot 3. As such the County's intent of requiring legal access to any lot before it is transferred to a new owner or construction is begun, is preserved, time limitations for vested rights are cured and the'Minor Subdivision approval previously granted remains intact. 3. REGULATORY PROVISIONS -- UNCHANGED FROM ORIGINAL MINOR SUBDIVISION APPLICATION . Garfield County Comprehensive Plan 2030 As stated above, this application complies with the intent of the Garfield County comprehensive Plan. . Garfield County Land Use and Development Code, as amended The creation of the two proposed lots complies with all applicable provisions of the Land Use and Development Code. Compliance has been described above. . Table 4-101, Common Review Procedures and Required Notice; This application is being submitted as a Minor Subdivision. As such it will be reviewed by the Planning director and no Public Hearing will be conducted unless determined by the Planning director. As such, no public notice is required. . Table 5-103 - Procedures and Notice See Above • Section 5-301 - Minor Subdivision This application is submitted within the requirements of the Minor Subdivision regulations. The Applicant has made every effort to comply with all applicable regulations. . Sections 5-401 and 5-402 - Submittal requirements The Applicant has made every effort to provide a complete submittal. All submittal requirements are contained within this applicant and the attached exhibits. Should the Planning Department or the Planning Director feel the need for any additional information the Applicant will be happy to comply. . Article 7, Division 1, 2, and 4. See below. ARTICLE 7: STANDARDS DIVISION 1. GENERAL APPROVAL STANDARDS. The following standards apply to all proposed Land Use Changes, including divisions of land, unless elsewhere in this Code a use is explicitly exempt from one or more standards. 7-101. ZONE DISTRICT USE REGULATIONS. The Land Use Change shall comply with Article 3, Zoning, including any applicable zone district use restrictions and regulations. The underlying Rural zone district requires a minimum lot size of 2 acres. This application complies and actually exceeds this requirement. The proposed use of the new lots will be residential, the allowed use within the underlying zone district. 7-102. COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS. The Land Use Change is in general conformance with the Garfield County Comprehensive Plan and complies with any applicable intergovernmental agreement. The proposed two lots fall within general conformance of the Garfield County Comprehensive plan based on use and minimum lot size. 7-103. COMPATIBILITY. The nature, scale, and intensity of the proposed use are compatible with adjacent land uses. The proposed residential use is consistent with the surrounding residential uses. 7-104. SOURCE OF WATER. All applications for Land Use Change Permits shall have an adequate, reliable, physical, long- term, and legal water supply to serve the use, except for land uses that do not require water, or that contain Temporary Facilities served by a licensed water hauler. Proof of legal and adequate water supply have been provided herein (See Exhibit F). The wells for the proposed lots have not been drilled yet. The physical adequacy of water will determine the depth of the well and whether or not on site storage will be required. The wells in the areas that are currently serving all adjacent homes have proven to be able to provide adequate physical supply. Again, the legal supply of water has been secured. It is the intent of the Applicant to drill the wells prior to submitting for a building permit for each lot. Therefore the County will be afforded adequate review of the physical water supply prior to issuing a building permit. A. BOCC Determination. The BOCC, pursuant to C.R.S. § 29-20-301, et seq., shall not approve an application for a Land Use Change Permit, including divisions of land, unless it determines in its sole discretion, after considering the application and all of the information provided, that the Applicant has satisfactorily demonstrated that the proposed water supply will be adequate. Nothing in this section shall be construed to require that the Applicant own or have acquired the proposed water supply or constructed the related infrastructure at the time of the application. See above. B. Determination of Adequate Water. The BOCC's sole determination as to whether an Applicant has an Adequate Water Supply to meet the water supply requirements of a proposed development shall be based on consideration of the following information: 1. The documentation required by the Water Supply Plan per section 4- 203.M.; 2. A letter from the State engineer commenting on the documentation provided in the Water Supply Plan per section 4-203.M.; 3. Whether the Applicant has paid to a Water Supply Entity a fee or charge for the purpose of acquiring water for or expanding or constructing the infrastructure to serve the proposed development; and 4. Any other information deemed relevant by the BOCC to determine, in its sole discretion, whether the water supply for the proposed development is adequate, including without limitation, any information required to be submitted by the Applicant pursuant to this Code or State statutes. The Applicant, through its water attorney has provided documentation of legal water supply. 7-105. CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS. A. Water Distribution Systems. The land use shall be served by a water distribution system that is adequate to serve the proposed use and density. Proof of legal and adequate water supply have been provided herein (See Exhibit F). The wells for the proposed lots have not been drilled yet. The physical adequacy of water will determine the depth of the well and whether or not on site storage will be required. The wells in the areas that are currently serving all adjacent homes have proven to be able to provide adequate physical supply. Again, the legal supply of water has been secured. It is the intent of the Applicant to drill the wells prior to submitting for a building permit for each lot. Therefore, the County will be afforded adequate review of the physical water supply prior to issuing a building permit. A. BOCC Determination. The BOCC, pursuant to C.R.S. § 29-20-301, et seq., shall not approve an application for a Land Use Change Permit, including divisions of land, unless it determines in its sole discretion, after considering the application and all of the information provided, that the Applicant has satisfactorily demonstrated that the proposed water supply will be adequate. Nothing in this section shall be construed to require that the Applicant own or have acquired the proposed water supply or constructed the related infrastructure at the time of the application. See above. B. Determination of Adequate Water. The BOCC's sole determination as to whether an Applicant has an Adequate Water Supply to meet the water supply requirements of a proposed development shall be based on consideration of the following information: 1, The documentation required by the Water Supply Plan per section 4- 203.M.; 2. A letter from the State engineer commenting on the documentation provided in the Water Supply Plan per section 4-203.M.; 3. Whether the Applicant has paid to a Water Supply Entity a fee or charge for the purpose of acquiring water for or expanding or constructing the infrastructure to serve the proposed development; and 4. Any other information deemed relevant by the BOCC to determine, in its sole discretion, whether the water supply for the proposed development is adequate, including without limitation, any information required to be submitted by the Applicant pursuant to this Code or State statutes. The Applicant, through its water attorney has provided documentation of legal water supply. 7-105. CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS. A. Water Distribution Systems. The land use shall be served by a water distribution system that is adequate to serve the proposed use and density. Not Applicable 1. Where water service through a Water Supply Entity is not physically or economically feasible, a central well and distribution system is preferred over individual wells. 2. A Central Water Distribution System is required if: a. The property is located within 400 feet of a Central Water System, the system is available and adequate to serve the proposed development, and connection is practicable and feasible; or b. The residential development consists of 15 or more dwelling units. Not Applicable. B. Wastewater Systems. The land use shall be served by a wastewater system that is adequate to serve the proposed use and density. 1. Every effort shall be made to secure a public sewer extension. Where connections to an existing public sewer are not physically or economically feasible, a central collection system and treatment plant is preferred. Ties to an existing public sewer system are not feasible in this location. No adjacent property is tied to a public system. Therefore and OWTS will be constructed on each proposed lot. 2. A central wastewater system is required if a. The property is located within 400 feet of a Sewage Treatment Facility, the system is available and adequate to serve the proposed development, and connection is practicable and feasible b. The property is not suitable for an OWTS. Septic systems are not permitted on parcels less than 1 acre in size. The property is not located within 400 feet of a treatment facility and the sites are suitable for an OWTS. TABLE 7-105: SEWAGE DISPOSAL SYSTEM MINIMUM LOT REQUIREMENTS Type of Disposal Method of Disposal On Lotl Septic Tank (Subsurface) or Dispersal Method Lot Area Less than 1 Acre Prohibited' 1 to 2 Acres Allowed, Over 2 Acres Allowed Type of Disposal Off Lot4 TABLE 7-105: SEWAGE DISPOSAL SYSTEM MINIMUM LOT REQUIREMENTS Method of Disposal Nondischarging: Subsurface Disposal Lot Area Less than 1 Acre 1 to 2 Acres Allowed Allowed Over 2 Acres Allowed Discharging: Ground Surface or Waters of the State Allowed Allowed Allowed Notes: 1, Shall comply with County OWTS regulations and applicable State requirements. 2. Prohibited for new development; may be allowable for legal nonconforming lots. 3. Domestic water shall be supplied from an approved source. 4. Shall be approved by the State. 7-106. PUBLIC UTILITIES. A. Adequate Public Utilities. Adequate Public Utilities shall be available to serve the land use. Electric and phone currently exist to the property line. B. Approval of Utility Easement by Utility Company. Utility easements shall be subject to approval by the applicable utility companies and, where required, additional easements shall be provided for main switching stations and substations. The Applicant shall work with the utility companies to provide reasonably - sized easements in appropriate locations. The shared access drive will also serve as the utility corridor. As such the easement through Lot 2 will be to the benefit of Lot 3 and shall be an access and utility easement. The applicant shall contact the utility providers prior to recordation of the plat and easement. C. Utility Location. Unless otherwise provided in this Code, the following conditions shall apply to the location of utility services. 1. Underground Location. All utilities except major power transmission lines, transformers, switching and terminal boxes, meter cabinets, and other appurtenant facilities shall be located underground throughout the development unless it is demonstrated to the satisfaction of the OCC that compliance is impractical or not feasible and will result in undue hardship. TABLE 7-105: SEWAGE DISPOSAL SYSTEM MINIMUM LOT REQUIREMENTS Type of Disposal Off Lot" Method of Disposal Nondischarging: Subsurface Disposal Discharging: Ground Surface or Waters of the State Lot Area Less than 1 Acre Allowed Allowed 1 to 2 Acres Over 2 Acres Allowed Allowed Allowed Allowed Notes: 1. 5hall comply with County OWTS regulations and applicable State requirements. 2. Prohibited for new development; may be allowable for legal nonconforming lots. 3. Domestic water shall be supplied from an approved source. 4. Shall be approved by the State. 7-106. PUBLIC UTILITIES. A. Adequate Public Utilities. Adequate Public Utilities shall be available to serve the land use. Electric and phone currently exist to the property line. B. Approval of Utility Easement by Utility Company. Utility easements shall be subject to approval by the applicable utility companies and, where required, additional easements shall be provided for main switching stations and substations. The Applicant shall work with the utility companies to provide reasonably - sized easements in appropriate locations. The shared access drive will also serve as the utility corridor. As such the easement through Lot 2 will be to the benefit of Lot 3 and shall be an access and utility easement. The applicant shall contact the utility providers prior to recordation of the plat and easement. C. Utility Location. Unless otherwise provided in this Code, the following conditions shall apply to the location of utility services. 1. Underground Location. All utilities except major power transmission lines, transformers, switching and terminal boxes, meter cabinets, and other appurtenant facilities shall be located underground throughout the development unless it is demonstrated to the satisfaction of the BOCC that compliance is impractical or not feasible and will result in undue hardship. An utilities shall be placed underground. 2. Easement Location. As applied to Subdivisions and Exemptions, all utility lines, including appurtenances, shall be placed either within roads or public rights-of-way. The access easement shall also serve as the utility easement. 3. Dimensional Requirements. a. Easements centered on common Rear Lot Lines shall be at least 16 feet wide. b. Where an easement abuts a Rear Lot Line that is not the Rear Lot Line of another lot, or that is on the perimeter of the development, the easement width shall be a minimum of 10 feet. c. Where inclusion of utilities within the Rear Lot Line is impractical due to topographical or other conditions, perpetual unobstructed easements at least 10 feet in width shall be provided alongside Lots Lines with satisfactory access to the road or Rear Lot Line. d. Where easements are combined with a water course, drainage way, channel, or stream and the use would be in conflict with drainage requirements or Wetlands, an additional utility easement of at least 10 feet in width shall be provided. e. Multiple Use of an easement is encouraged to minimize the number of easements. The applicant shall comply with any and all dimensional requirements for utility easements. These shall be reflected on the plat. D. Dedication of Easements. All utility easements shall be dedicated to the public. Drainage easement may be dedicated to either the public or to an HOA, Applicant shall comply. E. Construction and Installation of Utilities. Applicants shall make the necessary arrangements with each service utility for the construction and installation of required utilities. Utilities shall be installed in a manner that avoids unnecessary removal of trees or excessive excavations, and shall be reasonably free from physical obstructions. As stated above, the utilities will be placed within the access corridor minimizing environmental impact. F. Conflicting Encumbrances. Easements shall be free from conflicting legal encumbrances. 7-107. ACCESS AND ROADWAYS. All roads shall be designed to provide for adequate and safe access and shall be reviewed by the County Engineer. No road is being proposed for the access service to the two proposed Tots. instead a shared driveway, contained within an access and utility easement will be constructed to meet any and all standards for driveway construction. A. Access to Public Right -of -Way. All lots and parcels shall have legal and physical access to a public right-of-way. The proposed shared driveway will provide access from each lot to County Road. B. Safe Access. Access to and from the use shall be safe and in conformance with applicable County, State, and Federal access regulations_ Where the Land Use Change causes warrant(s) for improvements to State or Federal highways or County Roads, the developer shall be responsible for paying for those improvements. Not applicable as this will only be a driveway. However the proposed driveway has been designed to comply with any and all applicable standards for safety. C. Adequate Capacity. Access serving the proposed use shall have the capacity to efficiently and safely service the additional traffic generated by the use. The use shall not cause traffic congestion or unsafe traffic conditions, impacts to the County, State, and Federal roadway system shall be mitigated through roadway improvements or impact fees, or both. Not applicable as the proposed driveway will only provide access to two lots. D. Road Dedications, Ali rights-of-way shall be dedicated to the public and so designated on the Final Plat. They will not, however, be accepted as County roads unless the BOCC specifically designates and accepts them as such. F. Conflicting Encumbrances. Easements shall be free from conflicting legal encumbrances. 7-107. ACCESS AND ROADWAYS. All roads shall be designed to provide for adequate and safe access and shall be reviewed by the County Engineer. No road is being proposed for the access service to the two proposed lots. Instead a shared driveway, contained within an access and utility easement will be constructed to meet any and all standards for driveway construction. A. Access to Public Right -of -Way. All lots and parcels shall have legal and physical access to a public right-of-way. The proposed shared driveway will provide access from each lot to County Road. R. Safe Access. Access to and from the use shall be safe and in conformance with applicable County, State, and Federal access regulations. Where the Land Use Change causes warrant(s) for improvements to State or Federal highways or County Roads, the developer shall be responsible for paying for those improvements. Not applicable as this will only be a driveway. However the proposed driveway has been designed to comply with any and all applicable standards for safety. C. Adequate Capacity. Access serving the proposed use shall have the capacity to efficiently and safely service the additional traffic generated by the use. The use shall not cause traffic congestion or unsafe traffic conditions, impacts to the County, State, and Federal roadway system shall be mitigated through roadway improvements or impact fees, or both. Not applicable as the proposed driveway will only provide access to two Tots. D. Road Dedications. All rights-of-way shall be dedicated to the public and so designated on the Final Plat. They will not, however, be accepted as County roads unless the BOCC specifically designates and accepts them as such. No road dedication shall take place and the access will be contained within an easement not a public Right of Way. E. Impacts Mitigated. Impacts to County roads associated with hauling, truck traffic, and equipment use shall be mitigated through roadway improvements or impact fees, or both. The proposed shared driveway shall service residential use only. F. Design Standards. Roadways, surfaces, curbs and gutters, and sidewalks shall be provided as follows: The proposed driveway has been designed in compliance with the standards below for "Primitive/Driveway Table 7-107: Roadway Standards Design Standards Major Collector Minor Collector 401 — 2500 Secondary Access 201— 400 Rural Access 101-200 Semi Primitive 21-100 Primitive/ Driveway 0 — 20 Public Land Access No Access to DU Design Capacity (ADT) 25014- Minimum ROW Width (Feet) 80 60 50 50 40 15 to 301 30 Lane Width (Feet) 12 12 11 11 8 Single Lane 12 Single Lane 12 Shoulder Width (Feet) 8 6 Min. Paved 6 4 Min. Paved 6 4 Min. Paved 4 2 Min. Paved 2 0 0 Ditch Width (Feet) 10 10 6 6 4 32 0 Cross Slope 2% 2% 2% 2% Chip/Seal 3% Gravel 2% Chip/Seal 3% Gravel 2% n/a Shoulder Slope 3% 3% 5% 5% 5% n/a n/a Design Speed 35 mph 35 mph n/a n/a n/a n/a n/a Minimum Radius (Feet) 425 185 80 80 50 40 n/a Maximum % Grade 8% 8% 10% 12% 12% 12% 12% Surface Asphalt or Chip/Seal Chip/Seal Chip/Seal or Gravel Gravel Gravel Native Material n/a 1 As determined adequate in an engineering review. Primitive road shall be dedicated ROW, driveway can be dedicated as either an easement or ROW. 2 I determined necessary for adequate drainage. This section is not applicable. 1. Circulation and Alignment. The road system shall provide adequate and efficient internal circulation within the development and provide reasonable access to public highways serving the development. Roads shall be designed so that alignments will join in a logical manner and combine with adjacent road systems to form a continuous route from 1 area to another. 2. Intersections. No more than 2 streets shall intersect at 1 point, with a minimum of 200 feet between offset intersections, unless otherwise approved by the County. 3. Street Names. Street names shall be consistent with the names of existing streets in the same alignment. There shall be no duplication of street names in the County. 4. Congestion and Safety. The road system shall be designed to minimize road congestion and unsafe conditions. 5. Continuation of Roads and Dead -End Roads. Roads shall be arranged to provide for the continuation of major roads between adjacent properties when appropriate and necessary for traffic movement, effective fire protection, or efficient provision of utilities. a. if the adjacent property is undeveloped and the road must be temporarily dead -ended, right-of-way shall be extended to the property line and the BOCC may require construction and maintenance of a turnaround for temporary use. The Final Plat shall include a Plat notation that land outside the normal road right- of-way shall revert to abutting property owners when the road is continued, after compliance with the County road vacation process. b. Dead-end streets may be permitted provided they are not more than 600 feet in length and provide for a cul-de-sac or a T-shaped turnaround based on the following design standards. The BOCC may approve longer cul-de-sacs for topographical reasons if adequate fire protection and emergency egress and access can be provided. (1) Cul-de-sacs shall have a radius of at least 45 feet measured from the center of the cul-de-sac, and (a) Nonresidential development shall have at least a 75 -foot right-of-way where tractor trailer trucks will enter the property; and (b) Residential development shall have a 50 -foot right-of-way; (2) T-shaped Turnaround. (a) Nonresidential development shall have a minimum turning radius of 75 feet where tractor trailer trucks will enter the property; and 2 If determined necessary for adequate drainage. This section is not applicable. 1. Circulation and Alignment. The road system shall provide adequate and efficient internal circulation within the development and provide reasonable access to public highways serving the development. Roads shall be designed so that alignments will join in a logical manner and combine with adjacent road systems to form a continuous route from 1 area to another. 2. Intersections. No more than 2 streets shall intersect at 1 point, with a minimum of 200 feet between off -set intersections, unless otherwise approved by the County. 3. Street Names. Street names shall be consistent with the names of existing streets in the same alignment. There shall be no duplication of street names in the County. 4. Congestion and Safety. The road system shall be designed to minimize road congestion and unsafe conditions. 5. Continuation of Roads and Dead -End Roads. Roads shall be arranged to provide for the continuation of major roads between adjacent properties when appropriate and necessary for traffic movement, effective fire protection, or efficient provision of utilities. a. If the adjacent property is undeveloped and the road must be temporarily dead -ended, right-of-way shall be extended to the property . line and the BOCC may require construction and maintenance of a turnaround for temporary use. The Final Plat shall include a Plat notation that land outside the normal road right- of-way shall revert to abutting property owners when the road is continued, after compliance with the County road vacation process. b. Dead-end streets may be permitted provided they are not more than 600 feet in length and provide for a cul-de-sac or a T-shaped turnaround based on the following design standards. The BOCC may approve longer cul-de-sacs for topographical reasons if adequate fire protection and emergency egress and access can be provided. (1) Cul-de-sacs shall have a radius of at least 45 feet measured from the center of the cul-de-sac, and (a) Nonresidential development shall have at least a 75 -foot right-of-way where tractor trailer trucks will enter the property; and (b) Residential development shall have a 50 -foot right-of-way; (2) T-shaped Turnaround. (a) Nonresidential development shall have a minimum turning radius of 75 feet where tractor trailer trucks will enter the property; and (b) Residential development shall have a minimum turning radius of 50 feet. c. Dead-end streets shall be discouraged, except in cases where the dead-end is meant to be temporary with the intent to extend or connect the right-of-way in the future. If a dead-end street is approved, room for plowed snow storage shall be included by providing a T-shaped turnaround with a minimum turning radius of 50 feet for residential development and 75 feet for commercial/industrial development where tractor trailer trucks will enter the property. A dead-end street is different from a cul-de-sac in that a dead-end street has no permanent turnaround at the end of the street. 6. Relationship to Topography. Streets shall be designed to be compatible with the topography, creeks, wooded areas, and other natural features. Combinations of steep grades and curves should be avoided. When, due to topography, hazards or other design constraints, additional road width is necessary to provide for the public safety by cut and/or fill area, drainage area, or other road appurtenances along roadways, then dedication or right-of way in excess of the minimum standards set forth in this Code shall be required. 7. Erosion and Drainage. The road system shall minimize erosion and provide for efficient and maintainable drainage structures. 8. Commercial and Industrial. The roads and access in commercial and industrial developments shall be designed to minimize conflict between vehicular and pedestrian traffic. 9. Emergency Access ancf Egress. Roads shall be designed so as to provide emergency access and egress for residents, occupants, and emergency equipment. Emergency access shall comply with provisions of the International Fire Code and requirements of applicable emergency services, such as fire protection, ambulance, and law enforcement. 10. Traffic Control and Street Lighting. Traffic control devices, street signs, street lighting, striping, and pedestrian crosswalks are to be provided as required by the County Road and Bridge Department or other referral agencies. 11. Drainage Structures. a. Roadway drainage structures such as bridges, culverts, cross pans, inlets, and curbs and gutters shall be provided as determined by design and in conformance with the County road standards. b. Culverts are required where driveways connect to roadways unless specifically exempted by the County Road and Bridge Department. It is the responsibility of the property owners to maintain their culverts free and clear of mud, silt, debris, and ice. Water that flows out of driveways must be diverted to ditches. Damage to a road caused by a blocked culvert, lack of culvert, or driveway Runoff is the responsibility of the property owner and costs of repairs by the County may be billed to the property owner as authorized by C.R.S. Title 43, Article 5. 12. Roadside Ditches. Water flowing in roadside ditches shall be diverted away from the road as quickly as possible. In no case shall water travel in a roadside ditch for a distance greater than 800 feet or have a flow greater than 5 cubic feet per second during a 25 -year, 24-hour storm event. 13. 7-108. USE OF LAND SUBJECT TO NATURAL HAZARDS, Land subject to identified Natural and Geologic Hazards, such as falling rock, landslides, snow slides, mud flows, radiation, flooding, or high water tables, shall not be developed unless it has been designed to eliminate or mitigate the potential effects of hazardous site conditions as designed by a qualified professional engineer and as approved by the County. The County Hazard Maps have been included herein. Of the hazards identified on this property, all fall within no, to moderate impact. More specifically, within the two proposed lots, the building envelopes have been designed to avoid these hazards. 7-109. FIRE PROTECTION. A. Adequate Fire Protection. Adequate fire protection will be provided for each land use change as required by the appropriate fire protection district. B. Subdivisions. All divisions of land must be reviewed and approved by the appropriate fire protection district for adequate primary and secondary access, fire lanes, water sources for fire protection, fire hydrants, and maintenance provisions. The proposed lots lie within &rural setting and as such no fire hydrants are available nor is a municipal water system. The access however is designed to meet fire protection standards with gradient and turning radius. An access way also exists adjacent to proposed Lot # 3 which would provide fire equipment a secondary access to the lot. Lot # 2 is adjacent to Cattle Creek Road. This combined with the driveway provides primary and secondary access. Water supply is limited since no municipal system is available. Cattle Creek and a active irrigation ditch are both within immediate vicinity to each proposed lot and would provide water in the case of fire. It should be noted that there was once a wildfire in the area and it was successfully battled with water from Cattle Creek. It should be noted that this property lies within the area mapped as LOW wildfire hazard. DIVISION 2. GENERAL RESOURCE PROTECTION STANDARDS. The following resource protection standards apply to all proposed Land Use Changes, including divisions of land unless elsewhere in this Code a use is explicitly exempt from 1 or more standards. 12. Roadside Ditches. Water flowing in roadside ditches shall be diverted away from the road as quickly as possible. In no case shall water travel in a roadside ditch for a distance greater than 800 feet or have a flow greater than 5 cubic feet per second during a 25 -year, 24-hour storm event. 13. 7-108. USE OF LAND SUBJECT TO NATURAL HAZARDS. Land subject to identified Natural and Geologic Hazards, such as falling rock, landslides, snow slides, mud flows, radiation, flooding, or high water tables, shall not be developed unless it has been designed to eliminate or mitigate the potential effects of hazardous site conditions as designed by a qualified professional engineer and as approved by the County. The County Hazard Maps have been included herein. Of the hazards identified on this property, all fall within no, to moderate impact. More specifically, within the two proposed lots, the building envelopes have been designed to avoid these hazards. 7-109. FIRE PROTECTION. A. Adequate Fire Protection. Adequate fire protection will be provided for each land use change as required by the appropriate fire protection district. B. Subdivisions. All divisions of land must be reviewed and approved by the appropriate fire protection district for adequate primary and secondary access, fire lanes, water sources for fire protection, fire hydrants, and maintenance provisions. The proposed lots lie within a"rural setting and as such no fire hydrants are available nor is a municipal water system. The access however is designed to meet fire protection standards with gradient and turning radius. An access way also exists adjacent to proposed Lot # 3 which would provide fire equipment a secondary access to the lot. Lot # 2 is adjacent to Cattle Creek Road. This combined with the driveway provides primary and secondary access. Water supply is limited since no municipal system is available. Cattle Creek and a active irrigation ditch are both within immediate vicinity to each proposed lot and would provide water in the case of fire. It should be noted that there was once a wildfire in the area and it was successfully battled with water from Cattle Creek. It should be noted that this property lies within the area mapped as LOW wildfire hazard. DIVISION 2. GENERAL RESOURCE PROTECTION STANDARDS. The following resource protection standards apply to all proposed Land Use Changes, including divisions of land unless elsewhere in this Code a use is explicitly exempt from 1 or more standards. 7-201. AGRICULTURAL LANDS. A. No Adverse Affect to Agricultural Operations, Land Use Changes on lands adjacent to or directly affecting agricultural operations shall not adversely affect or otherwise limit the viability of existing agricultural operations. Proposed division and development of the land shall minimize the impacts of development on Agricultural Lands and agricultural operations, and maintain the opportunity for agricultural production. The proposed lots are not on, nor are they adjacent to commercial agricultural operations. The parent parcel, Lot # 1 does have recreational horses within a fenced and irrigated area. This will continue with the development of Lots # 2 and 3. B. Domestic Animal Controls. Dogs and other domestic animals that are not being used to assist with the herding or the care of livestock shall not be permitted to interfere with livestock or the care of livestock on Agricultural Lands. The County shall require protective covenants or deed restrictions as necessary to control domestic animals. N/A C. Fences. The County is a Right to Farm County consistent with section 1-301. Fences shall be constructed to separate the development from adjoining Agricultural Lands or stock drives as required to protect Agricultural Lands by any new development and to separate new development from adjoining agricultural operations. All parts of the fencing including such items as gates, cattle guards, boards, posts, and wiring shall be maintained by the owner, HOA, or other responsible entity. As stated above, this parent parcel is not a commercial agricultural operation. However the fences which define the recreational horse pastures will remain in place. D. Roads. Roads shall be located a sufficient distance back from the property boundaries so that normal maintenance of roads, including snow removal, will not damage boundary fences. Dust control shall be required, both during and after construction, to minimize adverse impacts to livestock and crops. No livestock or crops will be effected by the development of these lots or the road (driveway) that serves them. E. Irrigation Ditches. 1. Maintenance. Where irrigation ditches cross or adjoin the land proposed to be developed, the developer shall insure that the use of those ditches, including maintenance, can continue uninterrupted. 2. Rights -of -Way. The land use change shall not interfere with the ditch rights-of-way. 3. Maintenance Easement. A maintenance easement of at least 25 feet from the edges of the ditch banks shall be preserved and indicated on any Final Plat for the division of land or for the final development plan for any other land use. When agreed to in writing by the ditch owner(s), that distance may be decreased. An irrigation ditch does bisect the property. All operations associated with the ditch will remain uninterrupted and the easements will not be effected. The building envelopes have been designed to have no impact. 7-202. WILDLIFE HABITAT AREAS. The Applicant shall consult with the Colorado Parks and Wildlife or a qualified wildlife biologist in determining how best to avoid or mitigate impacts to wildlife habitat areas. Methods may include, but are not limited to, 1 or more of the following: A. Buffers. Visual and sound buffers shall be created through effective use of topography, vegetation, and similar measures to screen structures and activity areas from habitat areas. B. Locational Controls of Land Disturbance. Land disturbance shall be located so that wildlife is not forced to use new migration corridors, and is not exposed to significantly increased predation, interaction with vehicles, intense human activity, or more severe topography or climate. C, Preservation of Native Vegetation, 1, Proposed Land Use Changes are designed to preserve large areas of vegetation utilized by wildlife for food and cover, based upon recommendations by the Colorado Parks and Wildlife. 2, When native vegetation must be removed within habitat areas, it shall be replaced with native and/or desirable nonnative vegetation capable of supporting post -disturbance land use. 3. Vegetation removed to control noxious weeds is not required to be replaced unless the site requires revegetation to prevent other noxious weeds from becoming established. D. Habitat Compensation. Where disturbance of critical wildlife habitat cannot be avoided, the developer may be required to acquire and permanently protect existing habitat to compensate for habitat that is lost to development. E. Domestic Animal Controls. The County may require protective covenants or deed restrictions as necessary to control domestic animals by fencing or kenneling. E. Irrigation Ditches. 1. Maintenance. Where irrigation ditches cross or adjoin the land proposed to be developed, the developer shall insure that the use of those ditches, including maintenance, can continue uninterrupted. 2. Rights -of -Way. The land use change shall not interfere with the ditch rights-of-way. 3. Maintenance Easement. A maintenance easement of at least 25 feet from the edges of the ditch banks shall be preserved and indicated on any Final Plat for the division of land or for the final development plan for any other land use. When agreed to in writing by the ditch owner(s), that distance may be decreased. An irrigation ditch does bisect the property. All operations associated with the ditch will remain uninterrupted and the easements will not be effected. The building envelopes have been designed to have no impact. 7-202. WILDLIFE HABITAT AREAS. The Applicant shall consult with the Colorado Parks and Wildlife or a qualified wildlife biologist in determining how best to avoid or mitigate impacts to wildlife habitat areas. Methods may include, but are not limited to, 1 or more of the following: A. Buffers. Visual and sound buffers shall be created through effective use of topography, vegetation, and similar measures to screen structures and activity areas from habitat areas. B. Locational Controls of Land Disturbance. Land disturbance shall be located so that wildlife is not forced to use new migration corridors, and is not exposed to significantly increased predation, interaction with vehicles, intense human activity, or more severe topography or climate. C. Preservation of Native Vegetation. 1. Proposed Land Use Changes are designed to preserve large areas of vegetation utilized by wildlife for food and cover, based upon recommendations by the Colorado Parks and Wildlife. 2. When native vegetation must be removed within habitat areas, it shall be replaced with native and/or desirable nonnative vegetation capable of supporting post -disturbance land use. 3. Vegetation removed to control noxious weeds is not required to be replaced unless the site requires revegetation to prevent other noxious weeds from becoming established. D. Habitat Compensation. Where disturbance of critical wildlife habitat cannot be avoided, the developer may be required to acquire and permanently protect existing habitat to compensate for habitat that is lost to development E. Domestic Animal Controls. The County may require protective covenants or deed restrictions as necessary to control domestic animals by fencing or kenneling. The subject property has not been identified as any type of critical impact area for wildlife. It is not located within winter habitat, calving areas or a migration corridor. The design of the building envelopes do however preserve nearly all the native vegetation on the proposed lots. 7-203. PROTECTION OF WATERBODIES. A. Minimum Setback.' 1. A setback of 35 feet measured horizontally from the Typical and Ordinary High Water Mark (TOHWM) on each side of a Waterbody is required. 2. In the case of entrenched or incised streams, where the vertical distance from the bank exceeds 25 feet, all activities, except for those referenced in section 7-203.A.3, will adhere to a setback of 2.5 times the distance between the TOHWMs or 35 feet, whichever is less. 3. A minimum setback of 100 feet measured horizontally from the TOHWM shall be required for any storage of hazardous materials and sand and salt for use on roads. Setback ,�-�---35'•0'--,� High Water Area Setback B. Structures Permitted In Setback. Irrigation and water diversion facilities, flood control structures, culverts, bridges, pipelines, and other reasonable and necessary structures requiring some disturbance within the 35 foot setback may be permitted. C. Structures and Activity Prohibited in Setback. Unless otherwise permitted or approved, the following activities and development shall be prohibited in the 35 foot setback: 1. Removal of any existing native vegetation or conducting any activity which will cause any loss of riparian area unless it involves the approved removal of noxious weeds, nonnative species, or dead or diseased trees. 2. Disturbance of existing natural surface drainage characteristics, sedimentation patterns, flow patterns, or flood retention characteristics by any means, including without limitation grading and alteration of existing topography. Measures taken to restore existing topography to improve drainage, flow patterns, and flood control must be approved. D. Compliance with State and Federal Laws. Any development impacting a Waterbody shall comply with all applicable state and federal laws, including, but not limited to, CDPHE water quality control division regulations and the Army Corp of Engineers regulations and permitting for waters of the U.S. As stated, Cattle Creek does bisect the property. The building envelopes have been designed to stay out of impact areas of the creek. The access driveway has been carefully designed to avoid riparian vegetation. 7-204 DRAINAGE AND EROSION. A. Erosion and Sedimentation. Excluding Grading activities for agricultural purposes, development disturbing 1 acre or more is subject to the CDPHE National Pollutant Discharge Elimination System Permit, unless otherwise exempted by CDPHE. The development of each proposed lot will be for one single family home on each to be located within a restricted building envelope. As such, development activity will be on less than 1 acre. B. Drainage 1. Site Design to Facilitate Positive Drainage. Lots shall be laid out to provide positive drainage away from all buildings. 2. Coordination With Area Storm Drainage Pattern. Individual lot drainage shall be coordinated with the general storm drainage pattern for the area. a. Drainage ditches shall have a minimum Slope of no less than 0.75%. Energy dissipaters or retention ponds shall be installed in drainage ditches where flows are in excess of 5 feet per second. Ditches adjacent to roads shall have a maximum Slope of 3:1 on the inside and outside edges, except where there is a cut Slope on the outside edge, in which case the edge of the ditch shall be matched to the cut Slope. b. Subdrains shall be required for all foundations where possible and shall divert away from building foundations and daylight to proper drainage channels. c. Avoid Drainage to Adjacent Lots. Drainage shall be designed to avoid concentration of drainage from any lot to an adjacent lot. C. Stormwater Run -Off. These standards shall apply to any new development within 100 feet of a Waterbody and to any other development with 10,000 square feet or more of impervious surface area. 1. Avoid Direct Discharge to Streams or Other Waterbodies. Stormwater Runoff from project areas likely to contain pollutants shall be managed in a manner that provides for at least 1 of the following and is sufficient to D. Compliance with State and Federal Laws. Any development impacting a Waterbody shall comply with all applicable state and federal laws, including, but not limited to, CDPHE water quality control division regulations and the Army Corp of Engineers regulations and permitting for waters of the U.S. As stated, Cattle Creek does bisect the property. The building envelopes have been designed to stay out of impact areas of the creek. The access driveway has been carefully designed to avoid riparian vegetation. 7-204 DRAINAGE AND EROSION. A. Erosion and Sedimentation. Excluding Grading activities for agricultural purposes, development disturbing 1 acre or more is subject to the CDPHE National Pollutant Discharge Elimination System Permit, unless otherwise exempted by CDPHE. The development of each proposed lot will be for one single family home on each to be located within a restricted building envelope. As such, development activity will be on less than 1 acre. B. Drainage 1. Site Design to Facilitate'Positive Drainage. Lots shall be laid out to provide positive drainage away from all buildings. 2. Coordination With Area Storm Drainage Pattern. Individual lot drainage shall be coordinated with the general storm drainage pattern for the area. a. Drainage ditches shall have a minimum Slope of no less than 0.75%. Energy dissipaters or retention ponds shall be installed in drainage ditches where flows are in excess of 5 feet per second. Ditches adjacent to roads shall have a maximum Slope of 3:1 on the inside and outside edges, except where there is a cut Slope on the outside edge, in which case the edge of the ditch shall be matched to the cut Slope. b. Subdrains shall be required for all foundations where possible and shall divert away from building foundations and daylight to proper drainage channels. c. Avoid Drainage to Adjacent Lots. Drainage shall be designed to avoid concentration of drainage from any lot to an adjacent lot. C. Stormwater Run -Off. These standards shall apply to any new development within 100 feet of a Waterbody and to any other development with 10,000 square feet or more of impervious surface area. 1. Avoid Direct Discharge to Streams or Other Waterbodies. Stormwater Runoff from project areas likely to contain pollutants shall be managed in a rnanner that provides for at least 1 of the following and is sufficient to prevent water quality degradation, disturbance to adjoining property, and degradation of public roads. a. Runoff to Vegetated Areas. Direct run-off to stable, vegetated areas capable of maintaining Sheetflow for infiltration. Vegetated receiving areas should be resistant to erosion from a design storm of 0.5 inches in 24 hours. b. On -Site Treatment. On-site treatment of stormwater prior to discharge to any natural Waterbody by use of best management practices designed to detain or infiltrate the Runoff and approved as part of the stormwater quality control plan prior to discharge to any natural Waterbody. c. Discharge to Stormwater Conveyance Structure. Discharge to a stormwater conveyance structure designed to accommodate the projected additional flows from the proposed project, with treatment by a regional or other stormwater treatment facility. 2. Minimize Directly -Connected Impervious Areas. The site design shall minimize the extent of directly -connected impervious areas by including the following requirements: a. Drainage Through Vegetated Pervious Buffer Strips. Runoff from developed impervious surfaces (rooftops, Parking Lots, sidewalks, etc.) shall drain over stable, vegetated pervious areas before reaching stormwater conveyance systems or discharging to Waterbodies. b. Techniques Used in Conjunction with Buffer Strip. The requirement that all impervious areas drain to vegetated pervious buffer strips may be reduced if the outflow from the vegetated pervious buffer strip is directed to other stormwater treatment methods. Examples of other potential techniques to be used in conjunction with vegetated pervious buffer strip are: infiltration devices, grass depressions, constructed Wetlands, sand filters, dry ponds, etc. c. Grass Buffer Strip Slope Design. When impervious surfaces drain onto grass buffer strips, a Slope of less than 10% is encouraged, unless an alternative design is approved by the County. 3. Detain and Treat Runoff. Permanent stormwater detention facilities are required to be designed to detain flows to historic peak discharge rates and to provide water quality benefits and maintained to ensure function. Design criteria for detention facilities include: a. Detention facilities shall ensure the post -development peak discharge rate does not exceed the pre -development peak discharge rate for the 2 -year and 25 -year return frequency, 24-hour duration storm. In determining Runoff rates, the entire area contributing Runoff shall be considered, including any existing off- site contribution. b. To minimize the threat of major property damage or loss of life, all permanent stormwater detention facilities must demonstrate that there is a safe passage of the 100 -year storm event without causing property damage. c. Channels downstream from the stormwater detention pond discharge shall be protected from increased channel scour, bank instability, and erosion and sedimentation from the 25 -year return frequency, 24-hour design storm. d. Removal of pollutants shall be accomplished by sizing dry detention basins to incorporate a 40 -hour emptying time for a design precipitation event of 0.5 inches in 24 hours, with no more than 50% of the water being released in 12 hours. if retention ponds are used, a 24-hour emptying time is required. For drainage from Parking Lots, vehicle maintenance facilities, or other areas with extensive vehicular use, a sand and oil grease trap or similar measures also may be required. To promote pollutant removal, detention basins length -to -width ratio should be not less than 2, with a ratio of 4 recommended where site constraints allow. A sedimentation "forebay" is recommended to promote long-term functioning of the structure. Access to both the forebay and pond by maintenance equipment is required. e. Culverts, drainage pipes, and bridges shall be designed and constructed in compliance with AASHTO recommendations for a water live load. Houses for neither lot have been designed at this time. It is anticipated that an engineered drainage and storm water runoff report will be prepared and submitted at this time of building permit submittal. 7-205. ENVIRONMENTAL QUALITY. A. Air Quality. Any Land Use Change shall not cause air quality to be reduced below acceptable levels established by the Colorado Air Pollution Control Division. B. Water Quality. At a minimum, all hazardous materials shall be stored and used in compliance with applicable State and Federal hazardous materials regulations. The addition of two single family residences in the residential area will have no adverse impact on air or water quality. 7-206. WILDFIRE HAZARDS. The following standards apply to areas subject to wildfire hazards as identified on the County Wildfire Susceptibility Index Map as indicated in the County's Community Wildfire Protection Plan. c. Channels downstream from the stormwater detention pond discharge shall be protected from increased channel scour, bank instability, and erosion and sedimentation from the 25 -year return frequency, 24-hour design storm. d. Removal of pollutants shall be accomplished by sizing dry detention basins to incorporate a 40 -hour emptying time for a design precipitation event of 0.5 inches in 24 hours, with no more than 50% of the water being released in 12 hours. If retention ponds are used, a 24-hour emptying time is required. For drainage from Parking Lots, vehicle maintenance facilities, or other areas with extensive vehicular use, a sand and oil grease trap or similar measures also may be required. To promote pollutant removal, detention basins length -to -width ratio should be not less than 2, with a ratio of 4 recommended where site constraints allow. A sedimentation "forebay" is recommended to promote long-term functioning of the structure. Access to both the forebay and pond by maintenance equipment is required. e. Culverts, drainage pipes, and bridges shall be designed and constructed in compliance with AASHTO recommendations for a water live load. Houses for neither lot have been designed at this time. It is anticipated that an engineered drainage and storm water runoff report will be prepared and submitted at this time of building permit submittal. 7-205. ENVIRONMENTAL QUALITY. A. Air Quality. Any Land Use Change shall not cause air quality to be reduced below acceptable levels established by the Colorado Air Pollution Control Division. B. Water Quality. At a minimum, all hazardous materials shall be stored and used in compliance with applicable State and Federal hazardous materials regulations. The addition of two single family residences in the residential area will have no adverse impact on air or water quality. 7-206. WILDFIRE HAZARDS. The following standards apply to areas subject to wildfire hazards as identified on the County Wildfire Susceptibility Index Map as indicated in the County's Community Wildfire Protection Plan. A. Location Restrictions. Development associated with the land use change shall not be located in any area designated as a severe wildfire Hazard Area with Slopes greater than 30% or within a fire chimney as identified by the Colorado State Forest Service. B. Development Does Not Increase Potential Hazard. The proposed Land Use Change shall be developed in a manner that does not increase the potential intensity or duration of a wildfire, or adversely affect wildfire behavior or fuel composition. C. Roof Materials and Design. Roof materials shall be made of noncombustible materials or other materials as recommended by the local fire agency. The proposed lots are located with wildfire areas designated as LOW risk. 7-207. NATURAL AND GEOLOGIC HAZARDS. A. Utilities. Above -ground utility facilities located in Hazard Areas shall be protected by barriers or diversion techniques approved by a qualified professional engineer. The determination to locate utility facilities above ground shall be based upon the recommendation and requirements of the utility service provider and approved by the County. No above ground utilities are,proposed. B. Development in Avalanche Hazard Areas. Development may be permitted to occur in Avalanche Hazard Areas if the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or qualified professional geologist, and the plan approved by the County. 1. Building construction shall be certified to withstand avalanche impact and static loads and otherwise protected by external avalanche -defense structures that have been similarly certified. 2. Driveways and Subdivision roads shall avoid areas where avalanches have return periods of fewer than 10 years. 3. Clear -cutting or other large-scale removal of vegetation is prohibited in avalanche path starting zones, or in other locations that can increase the potential avalanche hazard on the property. 4. Extractive operations in Avalanche Hazard Areas are prohibited when snow is on the ground unless a program of avalanche control and defense measures has been approved by the County to protect the operation. No development is proposed within a designated avalanche area. C. Development in Landslide Hazard Areas. Development may be permitted to occur in Landslide Hazard Areas only if the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or qualified professional geologist, and as approved by the County. 1. Development shall comply with recommended construction practices to artificially stabilize, support, buttress, or retain the potential slide area and to control surface and subsurface drainage that affects the slide area. 2. The following development activities shall be prohibited in Landslide Hazard Areas: a. Activities that add water or weight to the top of the Slope, or along the length of the Slope, or otherwise decrease the stability of the Hazard Area. Measures and structural improvements to permanently control surface and subsurface drainage from the development shall be required. b. Activities that remove vegetation or other natural support material that contributes to its stability. c. Activities that increase the steepness of a potentially unstable Slope. d. Activities that remove the toe of the landslide, unless adequate mechanical support is provided. No development is proposed within a designated Landslide Hazard Areas. D. Development in Rockfall Hazard Areas. Development shall be permitted to occur in rockfall Hazard Areas only if the Applicant demonstrates that the development cannot avoid such areas and the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or a qualified professional geologist, and as approved by the County. 1. Development shall comply with recommended construction practices to minimize the degree of hazard. Construction practices may include: a. Stabilizing rocks by bolting, gunite application (cementing), removal of unstable rocks (scaling), cribbing, or installation of retaining walls. b. Slowing or diverting moving rocks with rock fences, screening, channeling, damming, or constructing concrete barriers or covered galleries. c. Installation of structural barriers around vulnerable structures to prevent rock impact. 2. The following development activities shall be prohibited in rockfall Hazard Areas: a. Activities that add water or weight to, or otherwise decrease the stability of, cliffs or overhanging strata. b. Activities that will reduce stability, including activities that remove vegetation or other natural support material, or that require excavation, or cause erosion that will remove underlying support to a rockfall Hazard Area. certified by a qualified professional engineer, or qualified professional geologist, and as approved by the County. 1. Development shall comply with recommended construction practices to artificially stabilize, support, buttress, or retain the potential slide area and to control surface and subsurface drainage that affects the slide area. 2. The following development activities shall be prohibited in Landslide Hazard Areas: a. Activities that add water or weight to the top of the Slope, or along the length of the Slope, or otherwise decrease the stability of the Hazard Area. Measures and structural improvements to permanently control surface and subsurface drainage from the development shall be required. b. Activities that remove vegetation or other natural support material that contributes to its stability. c. Activities that increase the steepness of a potentially unstable Slope. d. Activities that remove the toe of the landslide, unless adequate mechanical support is provided. No development is proposed within a designated Landslide Hazard Areas. D. Development in Rockfall Hazard Areas. Development shall be permitted to occur in rockfall Hazard Areas only if the Applicant demonstrates that the development cannot avoid such areas and the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or a qualified professional geologist, and as approved by the County. 1. Development shall comply with recommended construction practices to minimize the degree of hazard. Construction practices may include: a. Stabilizing rocks by bolting, gunite application (cementing), removal of unstable rocks (scaling), cribbing, or installation of retaining walls. b. Slowing or diverting moving rocks with rock fences, screening, channeling, damming, or constructing concrete barriers or covered galleries. c. Installation of structural barriers around vulnerable structures to prevent rock impact. 2. The following development activities shall be prohibited in rockfall Hazard Areas: a. Activities that add water or weight to, or otherwise decrease the stability of, cliffs or overhanging strata. b. Activities that will reduce stability, including activities that remove vegetation or other natural support material, or that require excavation, or cause erosion that will remove underlying support to a rockfall Hazard Area, No development is proposed within a designated rockfall hazard area. E. Development in Alluvial Fan Hazard Area. Development shall only be permitted to occur in an alluvial fan if the Applicant demonstrates that the development cannot avoid such areas, and the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or qualified professional geologist, and as approved by the County: 1. Development shall be protected using structures or other measures on the uphill side that channel, dam, or divert the potential mud or debris flow. 2. Disturbance shall be prohibited in the drainage basin above an alluvial fan, unless an evaluation of the effect on Runoff and stability of the fan and on the ground water recharge area shows that disturbance is not substantial or can be successfully mitigated. No development is proposed within a designated alluvial fan hazard area. F. Slope Development. Development on Slopes 20% or greater shall only be permitted to occur if the Applicant demonstrates that the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or qualified professional geologist, and as approved by the County: 1. Building lots with 20% or greater Slope shall require a special engineering study to establish the feasibility of development proposed for the site. The study shall address feasibility of construction required for the use and describe the mitigation measures to be used to overcome excessive Slope problems. 2. Development shall be permitted to occur on Slopes greater than 30% only if the Applicant demonstrates that the development cannot avoid such areas and the development complies with the following minimum requirements: a. Cutting, filling, and other Grading activities shall be confined to the minimum area necessary for construction. h. Development shall be located and designed to follow natural grade, rather than adjusting the site to fit the structure. Roads and driveways built to serve the development shall follow the contours of the natural terrain and, if feasible, shall be located behind existing landforms. 3. Development on Unstable or Potentially Unstable Slopes. If a site is identified as having moderate or extremely unstable Slopes, then development shall be permitted only if the Applicant demonstrates that the development cannot avoid such areas and the development complies with certified geotechnical design and construction stabilization and maintenance measures. a. Cutting into the Slope is prohibited without provision of adequate mechanical support. b. Adding water or weight to the top of the Slope, or along the length of the Slope, is prohibited. c. Vegetation shall not be removed from the Siope unless the integrity of the Slope can be adequately maintained. 4. Development on Talus Slopes. Development shall be permitted to occur on a Talus Slope only if the Applicant demonstrates that the development cannot avoid such areas, and the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or a qualified professional geologist, and as approved by the County: a. The development shall be designed to withstand down Slope movement. b. The design shall include buried foundations and utilities below the active Talus Siope surface. c. Site disturbance shall be minimized to avoid inducing slope instability. d. The toe of a Talus Slope shall not be removed unless adequate mechanical support is provided. Lot 2 has gentle slopes and does not approach 20%. Lot 3 however does get close to 20%. Development in this area and on this slope is consistent with the existing houses on either side of the proposed Lot 3. Foundation design for Lot 3 will be appropriate for the slope of the site which provides for approximately one story of grade change within the footprint of a house. G. Development on Corrosive or Expansive Soils and Rock. Development in areas with corrosive or expansive soils and rock shall be designed based upon an evaluation of the development's effect on Slope stability and shrink -swell characteristics. Development shall be permitted only if the Applicant demonstrates that the development cannot avoid such areas and the development complies with design, construction stabilization, and maintenance measures certified by a qualified professional engineer, or qualified professional geologist, and is approved by the County. 1. Surface drainage shall be directed away from foundations. 2. Runoff from impervious surfaces shall be directed into natural drainages or otherwise on-site in a manner that does not create or increase adverse impacts to the development site or to adjacent or other property. No development of proposed within a designated Corrosive or Expansive Soils or Rock hazard area. H. Development in Mudflow Areas. Development shall be permitted in a mudflow area only if the Applicant demonstrates that the development cannot avoid such areas, and the development adequately employs, construction stabilization, and mitigation and maintenance measures as designed by a qualified professional engineer, or qualified professional geologist, and as approved by the County. No development is proposed within a designated mudflow hazard area. b. Adding water or weight to the top of the Slope, or along the length of the Slope, is prohibited. c. Vegetation shall not be removed from the Slope unless the integrity of the Slope can be adequately maintained. 4. Development on Talus Slopes. Development shall be permitted to occur on a Talus Slope only if the Applicant demonstrates that the development cannot avoid such areas, and the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or a qualified professional geologist, and as approved by the County: a. The development shall be designed to withstand down Slope movement. b. The design shall include buried foundations and utilities below the active Talus Slope surface. c. Site disturbance shall be minimized to avoid inducing slope instability. d. The toe of a Talus Slope shall not be removed unless adequate mechanical support is provided. Lot 2 has gentle slopes and does not approach 20%. Lot 3 however does get close to 20%. Development in this area and on this slope is consistent with the existing houses on either side of the proposed Lot 3. Foundation design for Lot 3 will be appropriate for the slope of the site which provides for approximately one story of grade change within the footprint of a house. G. Development on Corrosive or Expansive Soils and Rock. Development in areas with corrosive or expansive soils and rock shall be designed based upon an evaluation of the development's effect on Slope stability and shrink -swell characteristics. Development shall be permitted only if the Applicant demonstrates that the development cannot avoid such areas and the development complies with design, construction stabilization, and maintenance measures certified by a qualified professional engineer, or qualified professional geologist, and is approved by the County. 1. Surface drainage shall be directed away from foundations. 2. Runoff from impervious surfaces shall be directed into natural drainages or otherwise on-site in a manner that does not create or increase adverse impacts to the development site or to adjacent or other property. No development of proposed within a designated Corrosive or Expansive Soils or Rock hazard area. H. Development in Mudflow Areas. Development shall be permitted in a mudflow area only if the Applicant demonstrates that the development cannot avoid such areas, and the development adequately employs, construction stabilization, and mitigation and maintenance measures as designed by a qualified professional engineer, or qualified professional geologist, and as approved by the County. No development is proposed within a designated mudflow hazard area. I. Development Over Faults. Development shall be permitted over faults only if the Applicant demonstrates that such areas cannot be avoided and the development complies with mitigation measures based on geotechnical analysis and recommendations, as certified by a qualified professional engineer, or qualified professional geologist, and approved by the County. No development is proposed within a designated fault area. The proposed lots have been located in areas with no, or low, hazard designation. It should be noted that the two proposed lots have been located in an existing residential area. 7-208. RECLAMATION. A. Applicability. These standards shall apply to any development that requires a Land Use Change Permit, including divisions of land, as well as to the following activities: 1. Installation of ISDS. Installation of a new or replacement ISDS. 2. Driveway Construction. Any driveway construction that requires a Garfield County Access Permit or a CDOT Access Permit. 3. Preparation Area. All, areas disturbed during development that do not comprise the longer-term functional areas of the site but are those areas used for the short-term preparation of the site. B. Reclamation of Disturbed Areas. Areas disturbed during development shall be restored as natural -appearing landforms that blend in with adjacent undisturbed topography. When the final landform is achieved, the surface shall be stabilized by vegetation or other means to reduce further soil erosion from wind or water, provide forage and cover, prevent fugitive dust as required by State Statute, and reduce visual impacts. 1. Contouring and Revegetation. Abrupt angular transitions and linear placement on visible Slopes shall be avoided. Areas disturbed by Grading shall be contoured so they can be revegetated, and shall be planted and have vegetation established. A uniform vegetative cover shall be established with an individual plant density of at least 70% of pre - disturbance levels within 4 growing seasons. Revegetation cover shall consist of a diversity of native and/or beneficial nonnative vegetation species capable of supporting the post -disturbance land use. State or County listed noxious weeds, as well as alien annual invasive species, do not count as part of the 70% cover. To the maximum extent feasible, disturbed areas shall be revegetated to a desired plant community with composition of weed -free species and plant cover typical to that site. 2. Weed Management. A management plan with appropriate strategies shall be employed for all Garfield County listed noxious weeds, State of Colorado listed noxious weeds that are targeted for statewide eradication and any other invasive species. 3. Application of Top Soil. Top soil shall be stockpiled and placed on disturbed areas and managed for later use in reclamation. Provisions for salvaging on-site topsoil, a timetable for eliminating topsoil and/or aggregate piles and a plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more shall be reviewed and accepted by the Garfield County Vegetation Manager. 4. Retaining Walls. Retaining walls made of wood, stone, vegetation, or other materials that blend with the natural landscape shall be used to reduce the steepness of cut Slopes and to provide planting pockets conducive to revegetation. 5. Slash Around Homes. To avoid insects, diseases, and wildfire hazards, all vegetative residue, branches, limbs, stumps, roots, or other such flammable lot -clearing debris shall be removed from all areas of the lot in which such materials are generated or deposited, prior to final building inspection approval. 6. Removal of Debris. Within 6 months of substantial completion of soil disturbance, all brush, stumps, and other debris shall be removed from the site. 7. Time Line Plan. Every area disturbed shall have a time line approved for the reclamation of the site. It is the intent of the Applicant to minimize the impact of development through environmentally sensitive design and construction techniques. Those areas where disturbance has occurred such as grading for the driveway and houses, will be re vegetated to their natural state within the first growing season upon completion of construction. Division 3 is NOT APPLICABLE DIVISION 4. SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS. The following standards apply to all divisions of land unless elsewhere in this Code a division of land is explicitly exempt from 1 or more standards. Colorado listed noxious weeds that are targeted for statewide eradication and any other invasive species. 3. Application of Top Soil. Top soil shall be stockpiled and placed on disturbed areas and managed for later use in reclamation. Provisions for salvaging on-site topsoil, a timetable for eliminating topsoil and/or aggregate piles and a plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more shall be reviewed and accepted by the Garfield County Vegetation Manager. 4. Retaining Walls. Retaining walls made of wood, stone, vegetation, or other materials that blend with the natural landscape shall be used to reduce the steepness of cut Slopes and to provide planting pockets conducive to revegetation. 5. Slash Around Homes. To avoid insects, diseases, and wildfire hazards, all vegetative residue, branches, limbs, stumps, roots, or other such flammable lot -clearing debris shall be removed from all areas of the lot in which such materials are generated or deposited, prior to final building inspection approval. 6. Removal of Debris. Within 6 months of substantial completion of soil disturbance, all brush, stumps, and other debris shall be removed from the site. 7. Time Line Plan. Every area disturbed shall have a time line approved for the reclamation of the site. It is the intent of the Applicant to minimize the impact of development through environmentally sensitive design and construction techniques. Those areas where disturbance has occurred such as grading for the driveway and houses, will be re vegetated to their natural state within the first growing season upon completion of construction. Division 3 is NOT APPLICABLE DIVISION 4. SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS. The following standards apply to all divisions of land unless elsewhere in this Code a division of land is explicitly exempt from 1 or more standards. 7-401. GENERAL SUBDIVISION STANDARDS. A. Maintenance of Common Facilities. Maintenance of common facilities must be accomplished either through covenants of a homeowners association, a separate maintenance agreement, or some other perpetual agreement. The only common facility will be the driveway serving Lots 2 and 3. Maintenance will be accomplished through a Maintenance Agreement. B. Domestic Animal Control. In each residential unit within the Subdivision, domestic animals shall be confined within the owner's property boundaries and kept under control when not on the property. This requirement for domestic animal control shall be included in the protective covenants for the Subdivision, with enforcement provisions acceptable to the County. The Applicant shall comply. C. Fireplaces. Any new solid -fuel burning stove, as defined by C.R.S. § 25-7-401, et seq., shall be limited to 1 per lot within a Subdivision. Open hearth, solid -fuel fireplaces shall be prohibited. All dwelling units shall be allowed natural gas burning stoves and appliances. The Applicant shall comply. D, Development in the Floodplain. 1. All Subdivision proposals shall be reasonably safe from flooding. If a subdivision or other development proposal is in a flood -prone area, the proposal shall minimize flood damage. 2. BEE data shall be generated by the Applicant for Subdivision proposals and other proposed development which are greater than 50 lots or 5 acres, whichever is less. 3. All Subdivision proposals, including the placement of Manufactured Home Parks, shall have adequate drainage provided to reduce exposure to flood hazards. 4. All Subdivision proposals, including the placement of Manufactured Home Parks and Subdivisions, shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage. There is a designated Flood Plain associated with Castle Creek. The building envelopes have been designed to stay out of the flood plain. 7-402. SUBDIVISION LOTS. All lots in any Subdivision shall conform to the following specifications: The two proposed lots meet the minimum lot size. Additionally, building envelopes that are more restrictive than the zoning mandated setbacks have been proposed. A. Lots Conform to Code. Lot area, width, frontage, depth, shape, location, and orientation shall conform to the applicable zone district requirements and other appropriate provisions of this Code. 1. The Lot Size may be increased for lots developed in areas posing a potential hazard to health or safety due to soil conditions or geology. 2. Lot characteristics shall be appropriate for the location of the development and the type of use allowed. a. Depth and width of lots shall be adequate to provide for the required off-street parking and loading facilities required by the type of use and development contemplated. b. The width of ,residential corner lots shall be sufficient to accommodate the required building setback from both roads. B. Side Lot Line Alignment. Side Lot Lines shall be substantially at right angles or radial to road right-of-way lines. C. Lots Configuration, Cul -de -Sacs. Wedge-shaped lots or lots fronting on cul-de-sacs shall be a minimum of 25 feet in width at the front property line. D. Lot Division by Boundaries, Roads, or Easements Prohibited. No lots shall be divided by municipal boundaries, County roads or public rights-of-way. 7-403. SURVEY MONUMENTS. Permanent Survey Monuments shall be set within all Subdivisions pursuant to C.R.S. §§ 38-51- 104 and 38-51-105. Prior to selling or advertising the sale of lots, No. 5 steel rebar, 18 inches or longer in length, shall be set at all lot corners. The registration number of the responsible land surveyor shall be fixed securely to the top of all monuments, markers, and benchmarks. The Applicant will comply. A. Monuments Located Within Streets. Monuments located within streets shall be No. 5 rebar steel, 36 inches or longer in length, placed so that their tops are 6 inches below the final street surface. When a street is There is a designated Flood Plain associated with Castle Creek. The building envelopes have been designed to stay out of the flood plain. 7-402. SUBDIVISION LOTS. All Tots in any Subdivision shall conform to the following specifications: The two proposed lots meet the minimum lot size. Additionally, building envelopes that are more restrictive than the zoning mandated setbacks have been proposed. A. Lots Conform to Code. Lot area, width, frontage, depth, shape, location, and orientation shall conform to the applicable zone district requirements and other appropriate provisions of this Code. 1. The Lot Size may be increased for Tots developed in areas posing a potential hazard to health or safety due to soil conditions or geology. 2. Lot characteristics shall be appropriate for the location of the development and the type of use allowed. a. Depth and width of lots shall be adequate to provide for the required off-street parking and loading facilities required by the type of use and development contemplated. b. The width of residential corner lots shall be sufficient to accommodate the required building setback from both roads. B. Side Lot Line Alignment. Side Lot Lines shall be substantially at right angles or radial to road right-of-way lines. C. Lots Configuration, Cul -de -Sacs. Wedge-shaped lots or lots fronting on cul-de-sacs shall be a minimum of 25 feet in width at the front property line. D. Lot Division by Boundaries, Roads, or Easements Prohibited. No lots shall be divided by municipal boundaries, County roads or public rights-of-way. 7-403. SURVEY MONUMENTS. Permanent Survey Monuments shall be set within all Subdivisions pursuant to C.R.S. §§ 38-51- 104 and 38-51-105. Prior to selling or advertising the sale of lots, No. 5 steel rebar, 18 inches or longer in length, shall be set at all lot corners. The registration number of the responsible land surveyor shall be fixed securely to the top of all monuments, markers, and benchmarks. The Applicant will comply. A. Monuments Located Within Streets. Monuments located within streets shall be No. 5 rebar steel, 36 inches or longer in length, placed so that their tops are 6 inches below the final street surface. When a street is paved or otherwise surfaced, all such monuments within the paved or surfaced area shall be fitted with monument boxes of sturdy construction. Monuments set after paving or surfacing shall also be provided with sturdy monument boxes. B. Setting by Standard Construction Techniques. All monuments, markers, and benchmarks shall be set or witnessed according to standard construction techniques and in a fashion that is satisfactory to the BOCC. 7-404. SCHOOL LAND DEDICATION. A. General. The BOCC shall require reservation, dedication, or payment in lieu for school land. The BOCC may require payment of a sum of money not exceeding the fair market value of such sites and land areas, or a combination of land dedication and payment in lieu of dedication. B. Amount of School Land Dedicated. The proportion of land to be reserved or dedicated for school land shall be based upon the size, location, and characteristics of the proposed Subdivision, the current and likely future uses of the surrounding area, and the impact of the Subdivision on public services and facilities. The amount of land dedicated for public purposes shall be roughly proportionate to the impacts of the Subdivision. 1. Property Within RE -1 Schoo! District. For all property located in the RE -1 Schoo! District, the subdivision of land for residential use shall include reservation and dedication of sites and land areas for schools determined in accordance with the following calculations: 2. Land Dedication Standard. a. Application of the formula for land dedication standard described below results in the following land dedication standards: (1) Single Family: 870 square feet per unit, or .020 acres. (2) Multi -Family: 675 square feet per unit, or .015 acres. (3) Manufactured Home: 1,261 square feet per unit, or .029 acres. b. If dedication of all or portions of the required school lands is not deemed feasible or in the public interest, the school district may recommend to the BOCC 1 of the following options: (1) Guarantee of future land dedication. The Applicant shall submit a letter guaranteeing future dedication of land for school sites and proposing a method of guarantee acceptable to the BOCC or the receiving agency. (2) The Applicant provide cash -in -lieu of lands in accordance with the provisions of section 7-404.C. 3, Final Plat Requirements. a. All dedicated lands shall be designated on the Final Plat and deeded to Garfield County or the appropriate agency at the time of recordation of the Final Plat. b. Title insurance, provided by a title insurance company authorized to do business in the State of Colorado and acceptable to the BOCC, shall be required at the time of recordation of the Final Plat. c. A certificate of representations and warranties concerning title and usability of the property, in a form acceptable to the BOCC, shall be required at the time of recordation of the Final Plat. 4. Formula for Land Dedication Standard. Land Area Provided Per Student x Students Generated Per Dwelling Unit = Land Dedication Standard. a. Land Area Provided Per Student. The district has determined that 1,776 square feet of land per student shall be provided for future school sites, based on Table 7-404. b. Students Generated Per Dwelling Unit. The number of students generated per type of dwelling unit shall be based on the following: (1) Single Family 0.49 (2) Multi -Family 0.38 (3) Manufactured Home 0.71 Table 7-404; Land Area Provided Per Student Reasonable Capacity Recommended Acreages Elementary School 550 students 15.5 acres Middle School 600 students 26.0 acres High School 800 students 38.0 acres Total 1950 students 79.5 acres ..t Acres Per student 0.04077 acres Square Feet Per Student 1,776 square feet 1. Based on the Guide for Planning Educational Facilities, Councii of Education Facility Planners International, 1991. C. Payment -In -Lieu of Dedication of School Land. Based upon recommendation from the potential receiving body, the BOCC may accept a cash payment from the Applicant in lieu of dedicated land ("Payment"), in whole or part. 1. Property Not Within RE -1 School District. For all property not located in the RE -1 School District, the Applicant will pay $200 per dwelling unit to the appropriate school district, unless previous agreements have been made between the Applicant and the school district to pay for school impacts. 2. Property Within RE -1 School District. Payment shall be based on the unimproved fair market value of the land. c. A certificate of representations and warranties concerning title and usability of the property, in a form acceptable to the BOCC, shall be required at the time of recordation of the Final Plat. 4. Formula for Land Dedication Standard. Land Area Provided Per Student x Students Generated Per Dwelling Unit = Land Dedication Standard. a. Land Area Provided Per Student. The district has determined that 1,776 square feet of land per student shall be provided for future school sites, based on Table 7-404. b. Students Generated Per Dwelling Unit. The number of students generated per type of dwelling unit shall be based on the following: (1) Single Family 0.49 (2) Multi -Family 0.38 (3) Manufactured Home 0.71 Table 7-404: Land Area Provided Per Student Reasonable Capacity Recommended Acreage' Elementary School 550 students 15.5 acres Middle School 600 students 26.0 acres High School 800 students 38.0 acres Total 1950 students 79.5 acres Acres Per student 0.04077 acres Square Feet Per Student 1,776 square feet 1. Based on the Guide for Planning Educational Facilities, Council International, 1991. of Education Facility Planners C. Payment -In -Lieu of Dedication of School Land. Based upon recommendation from the potential receiving body, the BOCC may accept a cash payment from the Applicant in lieu of dedicated land ("Payment"), in whole or part. 1. Property Not Within RE -1 School District. For all property not located in the RE -1 School District, the Applicant will pay $200 per dwelling unit to the appropriate school district, unless previous agreements have been made between the Applicant and the school district to pay for school impacts. 2. Property Within RE -1 School District. Payment shall be based on the unimproved fair market value of the land. a. Not to Exceed Market Value. Payment shall not exceed the current market value of the land that would have been dedicated to the County or other public entity. If a combination of land dedication and payment is applied, the combination of both land dedication and payment shall not exceed the fair market value of the total required dedication of sites and land areas b. Minimum Payment. Minimum payment shall be $500.00 for any required dedication. c. Payment for Schools. Based upon the RE-1 School District's recommendation, the BOCC can require a cash payment-in-lieu of dedicating land, or a cash payment in combination with a land dedication, to comply with the requirements for public sites and Open Space set forth in this Code. 3. Formula for Payment. Unimproved Per Acre Market Value of Land x Land Dedication Standard x Number of Units = Payment a. Unimproved Market Value of Land. Unimproved market value of the land shall be determined by an appraisal performed within the last 6 months for the Applicant, by an individual qualified in the State of Colorado to establish the unimproved market value of the property just prior to the approval of a Final Plat. Any dispute of the market value would be based upon a separate appraisal by an individual qualified in the State of Colorado to establish the value, which shall be paid for by the school district. In the event the school district declines to conduct a separate appraisal, the Applicant's appraisal will be used. b. Land Dedication Standard. The land dedication standard set forth in section 7-404.B. c. Number of Units. The number of dwelling units proposed. 4. Payments Held in Escrow. Payments received by the BOCC shall be held in an escrow account by the County for the purposes allowed by C.R.S. § 30-28-133. 5. Release of Land or Payment. After Final Plat approval and receipt of dedications, the BOCC shall give written notification to the appropriate receiving body. a. Following notice by the BOCC, the receiving body may request the dedication, and the BOCC shall transfer the lands to the appropriate receiving body. b. Funds may be released to the appropriate receiving body if the BOCC finds that the proposed use of funds is compatible with the intent of the payment or sale of the land. c. The County shall retain a reasonable management fee for the holding and maintenance of escrow accounts for payments, provided that the management fee does not exceed the amount of interest generated by the account. The Applicant will comply with all applicable fees. 7-405. TRAFFIC IMPACT FEES. A. General Requirements. 1. Off-site road impacts shall be evaluated for Subdivisions through completion of a Traffic Study identifying the volume of traffic generated from the development, based on Trip Generation rate calculations utilizing the most current Institute of Traffic Engineers, Trip Generation Manual, to establish an Average Daily Traffic (ADT). The road impact fee shall be determined by using the capital improvements plan and the associated road impact fee requirements. 2. 50% of the road impact fees shall be collected at the Final Plat for a Subdivision, if the affected County road project is scheduled to start within 5 years in a capital improvements plan adopted by the BOCC. All other road impact fees will be collected at the issuance of a Building Permit. 3. Any road impact fees collected will be put into a separate interest-bearing account in the County Treasurer's Office for each road that impact fees are collected. All fees collected and interest accrued must be spent on capital improvements to the specific road for which the fees were collected within 20 years of the date that the fee is established. All capital expenditures must be consistent with the capital improvements plan used as a basis for establishing the .fee. If; after 20 years, the fees collected have not been spent in accordance with the capital improvements plan used to establish the fee, all fees will be returned to the land owner of the property assessed an impact fee, with interest accrued. 4. To the extent the County has expended funds consistent with a capital improvements plan for a particular road and a property owner has not paid a road impact fee as required for a Building Permit that establishes additional ADT, the impact fee shall be collected at the time a Building Permit is issued to recoup the expenditure. Any fees collected after the completion of an identified road project will be credited to the appropriate project and will be used to reimburse the County for the funds advanced to complete the project. 5. The County may use road impact fees for a specific road improvement identified as a critical facility with a high priority for health and safety reasons in a capital improvements plan adopted by the BOCC, in advance of the completion of the entire road improvement project. Any such use of funds must be consistent with the basis for the impact fee. If, after the use of road impact fees for a critical facility road improvement, the County fails to complete the entire project identified in the capital improvements plan within the 20 -year period of collection, the proportionate share, with interest, will be returned to the owner of the property subject to the impact fee based on the actual amount of the expenditures made on a particular road system. The Applicant will comply with all applicable fees. 7-405. TRAFFIC IMPACT FEES. A. General Requirements. 1. Off-site road impacts shall be evaluated for Subdivisions through completion of a Traffic Study identifying the volume of traffic generated from the development, based on Trip Generation rate calculations utilizing the most current Institute of Traffic Engineers, Trip Generation Manual, to establish an Average Daily Traffic (ADT). The road impact fee shall be determined by using the capital improvements plan and the associated road impact fee requirements. 2. 50% of the road impact fees shall be collected at the Final Plat for a Subdivision, if the affected County road project is scheduled to start within 5 years in a capital improvements plan adopted by the BOCC. All other road impact fees will be collected at the issuance of a Building Permit. 3. Any road impact fees collected will be put into a separate interest-bearing account in the County Treasurer's Office for each road that impact fees are collected. All fees collected and interest accrued must be spent on capital improvements to the specific road for which the fees were collected within 20 years of the date that the fee is established. All capital expenditures must be consistent with the capital improvements plan used as a basis for establishing the.fee. If; after 20 years, the fees collected have not been spent in accordance with the capital improvements plan used to establish the fee, all fees will be returned to the land owner of the property assessed an impact fee, with interest accrued. 4. To the extent the County has expended funds consistent with a capital improvements plan for a particular road and a property owner has not paid a road impact fee as required for a Building Permit that establishes additional ADT, the impact fee shall be collected at the time a Building Permit is issued to recoup the expenditure. Any fees collected after the completion of an identified road project will be credited to the appropriate project and will be used to reimburse the County for the funds advanced to complete the project. 5. The County may use road impact fees for a specific road improvement identified as a critical facility with a high priority for health and safety reasons in a capital improvements plan adopted by the BOCC, in advance of the completion of the entire road improvement project. Any such use of funds must be consistent with the basis for the impact fee. If, after the use of road impact fees for a critical facility road improvement, the County fails to complete the entire project identified in the capital improvements plan within the 20 -year period of collection, the proportionate share, with interest, will be returned to the owner of the property subject to the impact fee based on the actual amount of the expenditures made on a particular road system. 6. As a part of the capital improvements plan, the BOCC may determine that certain portions of the road improvements to a road are critical to complete before there are any additional traffic generating uses added to the road. If a development is proposed before the County has scheduled to make the necessary improvements identified in the capital improvements plan, the developer may be allowed to pay the total cost of the needed improvements prior to the County's schedule. The County will reimburse the portion of the cost that exceeds the amount that would be applicable for road impact fees, plus interest, by the time the project had originally been scheduled to be completed. If the BOCC has not established a base road cost per ADT for the area in question, the Applicant will not be obligated to provide an analysis of the off-site road impacts. The Applicant will comply with all applicable fees. 4. REVIEW PROCESS The process to accommodate these requests shall require an application for a Land use Change Permit - Administrative Review process pursuant to the LUDC. A. Pre -application Conference; Complete B. Submittal of application materials (3 copies and 1 CD); Complete C. Review for Technical Completeness (10 days). If not technically complete (NTC) then applicant has 60 days to resolve the issues; D. Determination of technical completeness; E. Schedule Director Decision Date; F. Complete notice requirements; G. Submit additional copies for referral review; H. Evaluation by Director/Staff Review/Referral Agency Review; I. Director Decision issued; J. Notice provided to Board of County Commissioners for consideration of call-up 110 days); K. If no call-up is requested - the plat and conditions can be finalized and signatures obtained; L. Obtain BOCC signature and record the plat {recording fees will apply). 5. SUBMITTAL REQUIREMENTS FOR SUBSTANTIAL AMENDMENT • Pre -Application Summary See Exhibit • General Application Materials, signed application form, payment of fee, proof of Ownership, signed payment agreement form Complete • A narrative describing the request and modification request See above • Letter of Authorization, if necessary; See Exhibit • Names and mailing addresses of mineral owners of subject site; See Deed, Exhibit • Names and mailing addresses of owners of property within 200 feet of subject site. See Exhibit H • Vicinity Map. See Plat Map • Copy of existing Directors Decision Letter including all original conditions of approval See Exhibit • Specifics on requested amendment to the conditions of approval including Condition #6 on the access to Lot 3, including options for restrictions on Lot 3 H. Evaluation by Director/Staff Review/Referral Agency Review; I. Director Decision issued; J. Notice provided to Board of County Commissioners for consideration of call-up (10 days); K. If no call-up is requested - the plat and conditions can be finalized and signatures obtained; L. Obtain BOCC signature and record the plat (recording fees will apply). 5. SUBMITTAL REQUIREMENTS FOR SUBSTANTIAL AMENDMENT • Pre -Application Summary See Exhibit • General Application Materials, signed application form, payment of fee, proof of Ownership, signed payment agreement form Complete • A narrative describing the request and modification request See above • Letter of Authorization, if necessary; See Exhibit • Names and mailing addresses of mineral owners of subject site; See Deed, Exhibit • Names and mailing addresses of owners of property within 200 feet of subject site. See Exhibit H • Vicinity Map. See Plat Map • Copy of existing Directors Decision Letter including all original conditions of approval See Exhibit • Specifics on requested amendment lo the conditions of approval including Condition #6 on the access to Lot 3, including options for restrictions on Lot 3 See Section • Copies of the original submittal See Exhibit • Copies of proposed Minor Subdivision Plat with any proposed modifications See Plat Map, Sheet • Copies of existing exhibits for the current approvals including referral comments from the Colorado Geologic Survey See Exhibit • Any waiver requests from standards need to be included in the submittals and the waiver criteria clearly addressed See Exhibit 4-203.N Wastewater Management and System Plan. Each lot will be serviced by an onsite wastewater treatment system. See Engineering letter, Exhibit 5 Note: Include a copy of existing septic permit, any maintenance records, sharing agreement, if applicable; . 5-402.F. Final Plat. See attached Final Plat Map Note: Plat should be prepared by a licensed surveyor and should include all easements or other encumbrances on the property. A title commitment is a good way to ensure this information is complete and correct. Any new easement as a result of the subdivision should be shown on the plat. . Codes, Covenants and Restrictions Note: This may include the a well sharing agreement, driveway sharing, etc. as applicable . Engineering Reports - details in 5-402: o Roads, Trails, Walkways and Bikeways (if any); o Sewage Collection and Water Supply and Distribution System; o Groundwater Drainage ; o Preliminary cost estimates for improvements. 6. APPLICATION REVIEW Public Hearing notices shall be posted, mailed and published pursuant to Section 4-101.E. None Director Decision unless Called --up to BOCC hearing Planning Commission Board of County Commissioners Board of Adjustment 7. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ 400.00 Deposit made out to County Treasurer . Engineering Reports - details in 5-402: o Roads, Trails, Walkways and Bikeways (if any); o Sewage Collection and Water Supply and Distribution System; o Groundwater Drainage ; o Preliminary cost estimates for improvements. 6. APPLICATION REVIEW Public Hearing notices shall be posted, mailed and published pursuant to Section 4-101.E. _X_ None - Director Decision unless Called -up to BOCC hearing Planning Commission Board of County Commissioners Board of Adjustment 7. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ 400.00 Deposit made out to County Treasurer (Additional Staff time at hourly rate of $40.50) Referral Agency Fees: $ 600.00 Made out to Colorado Geologic Survey County Surveyor: $ TBD County Engineer: $ TBD Recordation: $ TBD Total Deposit: $1,000 - two checks required Attached herein. EXHIBITA Pre -Application Summary EXHIBIT A Pre -Application Summary Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garlicld-county.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2393-171.00-092 DATE: 8/1/19 PROJECT: Kinney Minor Subdivision - Substantial Amendment OWNER: Cynthia A. Kinney REPRESENTATIVE: Tom Stevens, The Stevens Group ENGINEER: Hans Brucker, Pinnacle Design Consulting Group Inc. PRACTICAL LOCATION: 1000 County Road 113, Carbondale, CO 81623 TYPE OF APPLICATION: Minor Subdivision -- Substantial Amendment ZONING: Rural (R) I. GENERAL PROJECT DESCRIPTION The Applicant owns approximately 29.5 acres and desires to subdivision it into 3 lots. The Applicant obtained conditional approval for a Minor Subdivision in April of 2017 (see attached Director Decision Letter). The Applicant has addressed the majority of the conditions of approval including the development of individual well along with pump testing and water quality testing. The Applicant has obtained extensions on the time to submit the Minor Subdivision Plat to allow further work to address conditions of approval including requirements to document legal and physical access to proposed Lot 3. issues with Lot 3 access have included location of the existing access road outside of easements, difficulty in obtaining additional easements (owners have no contact information) and the potential creation of additional impacts on adjoining properties if the driveway was relocated to be situated within the easement. The Applicant's extensions on the past approvals have lapsed at this time and the Director of Community Development has been consulted on options for the Applicant to move forward. Submittal of an Application for amendment in particular to address the legal access issue is being considered by the Applicant. Options being considered include plat notes and related restrictions on building permits or conveyance of Lot 3 until such time as the Lot 3 access is perfected. A change to a condition of approval is by Land Use and Development Code definition considered a Substantial Modification and requires new submittals and processing. No other changes other than the access issue/condition are anticipated at this time, however, minor adjustments and refinements to the overall development can be accommodated within the amendment process. The Minor Subdivision will continue to be served by individual wells and onsite waste water treatment systems and private access driveways. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The following Sections of the Garfield Land Use and Development Code are applicable to the proposed application: • Section 5-301 Minor Subdivision • Section 4-106 Amendments to an Approved Land Use Change Permit, including 4- 106(A)(3) Changes to a Specific Condition and Section 4-106(B)(1)(b) Substantial Modification • Table 5-103 Common Review Procedures and Required Notice • Section 5-401 and Table 5-401 Submittal Requirements . • Section 5-402 Description of Submittal Requirements including Final Plat • Section 4-103 Administrative Review (public notice) • Section 4-203 Description of Submittal Requirements (as applicable) • Provisions of Article 7, Articles 1, 2, 3 and 4, as applicable • Section 4-202, Submittal Waivers and Section 4-118, Waivers from Standards as applicable or needed. III. SUBMITTAL REQUIREMENTS Pursuant to Section 4-106(B)(1)(b) the Director of Community Development can determine the submittal requirements. As a convenience outlined below is a list of the submittal requirements anticipated for the Amendment Request. D General Application Materials signed copy of Application Form, payment of fees, Proof of Ownership (title work, copy of a deed), information an any lien holders, and signed payment agreement form. u A narrative describing the request and modification request. n Updated list of names and mailing addresses of properties within 200 ft. of the subject property, including mapping from the Assessor's Office showing ownership. Updated list of mineral rights ownership for the subject property including mailing address. n Copies of a letter of authorization to represent. o Copy of the Pre -application Summary needs to be submitted with the Application. ❑ Vicinity Map consistent with previous submittals. n Copy of the existing Director's Decision Letter including all original conditions of approval. n Specifics on requested amendment to the conditions of approval including Condition #6 on access to Lot 3, including options for restrictions on Lot 3. o Copies of the original submittal, responses to conditions of approval, and demonstration of how conditions have been met. o Copy of the proposed Minor Subdivision Plat with any proposed modifications. ❑ Copies existing exhibits for the current approvals including referral comments from the Colorado Geological Survey. ❑ Any waiver requests from standards need to be included in the submittals and the waiver criteria clearly addressed (Sections 4-118). IV. REVIEW PROCESS The review process shall follow the steps contained in Table 5-103 and Section 4-103 for an Administrative Review. Based on Staff review of the proposed modifications including solutions to the access issue for Lot #3, the Application may be called up to the Board of County Commissioners (in which case the Director Decision would be replaced by a public hearing with the Board. The pubic notice would remain the same, however, the 10 day Gall- up period would no longer be applicable. • Pre -Application meeting • Submittal of Application (3 hard copies & one copy on CD) • Completeness Review • Additional Submittals if determined to be incomplete • Setting a date for the Director's Decision • Provision of additional copies of the Application for referrals • Public Notice to Property Owners within 200 ft. and mineral rights owners of the Applicant's property • Director's Decision • 10 Day Call-up Period • Finalizing the Minor Subdivision Plat and any required conditions • Circulation of the plat for Applicant & Other Signatures • Board of County Commission Signing the plat as a consent agenda item. The Application may be called up for review by the Director and the Board of County Commissioners or the Applicant and any affected Adjacent Property Owner can request a Call -Up for review by the Board in accordance with the procedures and review process contained in Section 4-112. Public Hearing(s): X Directors Decision (with public notice) Planning Commission Board of County Commissioners Board of Adjustment Referral Agencies: Previous referral comments will be utilized with additional referral possible on areas where the Application is requesting modification (i.e. Fire Protection District, Consulting Engineer, and County Attorney's Office) VI. APPLICATION REVIEW FEES Planning Review Fees: $400 Referral Agency Fees: $tbd Total Deposit: $400 (CGS existing referral will be used) (additional hours are billed at hourly rate of $40.50) VII. GENERAL APPLICATION PROCESSING The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal. Pre -application Summary Prepared by: Glenn Hartmann, Principal Planner Date Garfield County Community Development Department Approximately 2 months if submittal is complete Garfield County Minor Subdivision Review Process (Section 5-301) Step 1: Pre -application Conference •Applicant has 6 months to submit appIlcatlon Step 2: Application Submittal Step 3: Completeness Review •10 business days to review • If incomplete, 60 days to remedy deficiencies Step 4: Schedule Decision Date arid Provide Notice • Maned to adjacent property owners within 200 feet and mineral owners at least 15 days prior to decision date Step 5: Referral .21 day comment period Step 6: Evalution by Director Step 7' Director's Decision • Call-up Period - within 10 days of Director's Decision ®Applicant has 1 year to meet any conditions of approval Ga,field County I MEMORANDUM TO: Staff FROM: County Attorney's Office DATE: June 24, 2014 RE: Mineral Interest Research Mineral interests may be severed from surface right interests in real property. Colorado revised statute 24-65,5-103 requires notification to mineral owners when a landowner applies for a land use designation by a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4- 101(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." It is the duty of the applicant to notify mineral interest owners. The following is a suggested process to research mineral interests: 1. Review the current ownership deed for the property (i.e. Warranty Deed, Special Warranty, Quit Claim Deed or Bargain and Sale Deed--N(')T a Deed of Trust), The ownership deed is usually one or two pages. Is there a reservation of mineral interests on the ownership deed? Are there any exceptions to title? A deed may include a list of reservations that reference mineral owners or oil and gas leases. 2. Review your title insurance policy. Are there exceptions to Title listed under Schedule B- 11? If so, review for mineral interests that were reserved and oil and gas leases. 3. Check with the Assessor's office to determine if a mineral interest has been reserved from the subject property. The Assessor's office no hanger documents the mineral reservation ownership for its tax roll records unless ownership has been proven. There are only a limited number of mineral owners who have provided such information to the Assessor's office so this may not provide any information, depending on your property. MEMO June 24, 2014 Page 2 4. Research the legal description of the subject property with the Clerk and Recorder's computer_ You can search the Section, Township, and Range of the subject property, You may find deeds for mineral interests for the subject property. 5. Research whether a Notice of Mineral Estate Ownership was filed for the subject property. On the Clerk and Recorder's computer, search under Filter (on the right hand side of the screen), General Recordings, Notice of Mineral Estate Ownership for the subject property. 6, If you find mineral interest owners as reservations on your deed, listed in your title insurance policy, from thc Assessor's records or the Clerk and Recorder's computer, you need to determine whether these mineral interests were transferred by deed and recorded in the Clerk and Recorder's office. 7, Enter the name of the mineral interest owner as the Grantor in thc Clerk and Recorder's computer to see if the mineral interest was transferred. If you find a transfer deed, you need to repeat this process to follow any transfer of the mineral interest to present day. 8. Include a description of your research process in your application and the name(s) and address(es) of the current mineral interest owncr(s). Mineral interest research can be a difficult and time consuming process. If you are unable to determine mineral rights ownership by yourself, consider hiring an attorney or Landman. Attorneys and landmen specialize in determining mineral rights ownership, but they charge a fee for their services. EXHIBIT B Signed Application Form Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION C+ Minor Subdivision • Preliminary Plan Amendment Major Subdivision • Final Plat Amendment • Sketch ■ Preliminary ■ Final 0 Common Interest Community Subdivision Conservation Subdivision 0 Public/County Road Split Exemption • Yield ❑ Sketch ■ Preliminary ❑ Final • Rural Land Development Exemption • Time Extension INVOLVED PARTIES Owner/Applicant Name: Yhf�r -tf 'aX Phone: ( enc, ) -G- 7(z Mailing Address: t ePa' ov}.I T' KoAcP i 1 City: ••A P. paState: G c, Zip Code: gi (o Z.'7, E-mail: & f 14) 0 ? r� Fiat Representative (Authorization Required) Name: e244 61-4 Phone: (')7') eP( G% Mailing Address: 9/5/t4A X' 1J 446"S.A I "3-4 City: e-Alzitt.t /i,4 L- State: CO Zip Code: X16,23 E-mail: 7 7176 V F)4 & , 1-eite rl. rD ,„1/14 PROJECT NAME AND LOCATION Project Name: le -0 414 a'r Assessor's Parcel Number: J �7 - 1 1 i - a v- Physical/Street Address: Legal Description: 1✓� �} �� G � rX& f r Zone District: ORA - Property Size (acres): e / . T Project Description Existing Use: 1n,h1 i?AL REQUEST FOR WAIVERS Submission Requirements ❑ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards 0 The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. 91VCC Sig ature of Property Owner CY/25— if Date OFFICIAL USE ONLY File Number: - Fee Paid: $ Proposed Use (From Use Table 3-403): Description of Project: /A /1.l4SUP f4�/L %4 r1 A' L. CJ 1 V('j4N re, Gi �c re. 2 A Gipi n 41'.1A% 1-4%► Ga1<( 1r/l-' b ef)p Z f m ice* /.4e#1-; *> Mr -rliq6, 2 9.5 'r Proposed Development Area Land Use Type # of Lots # of Units Acreage Parking Single Family -3 2-5, av ADM. Duplex Multi -Family Commercial Industrial Open Space Other Total REQUEST FOR WAIVERS Submission Requirements ❑ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards 0 The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. 91VCC Sig ature of Property Owner CY/25— if Date OFFICIAL USE ONLY File Number: - Fee Paid: $ EXHIBIT C Agreement 'to Pay Form Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") X agree as follows: S. The Applicant has submitted to the County an application for the fallowing Project: 1/ IL /(4 fl `71.) P 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. hereby agree to pay all fees related to this application: Billing Contact Person: GT1.17 HlA Phone: ( 0/O) 7!o2-47' Billing Contact Address: [ d.04 COt-'M 1 9,.40 /l' City:P..7C>A1.L:344L Billing Contact Email: G jG 1 j -7X 0,07 Printed Name of Person Authorized to Sign: State: :O Zip Code: l bZ '3 ien/AA Qf/, 40�44 YN. TH 1A 9X (Sign ture) 7.4 (Date) EXHIBIT Proof of Ownership/Deed QUITCLAIM DEED 1111 NA II III Recept term; 762886 02!0912009 03: 21.2s am dean fLderico 1 al 2 Rec Fee:511.00 Doc Fee;O-00 GARFIELD COUNTY C0 THUS DEED, made this P.2— day of Q"OL , 2OWbetweeu Stephen G. Kinney sad Cynthia A- Kitmey, grantors, end Cynthia A. Kinney, whose legal address is 1400 County Road 1.13, Carbondale, Colorado 81623, WITNESS, that the ganlars, for and in consideration of - NO CONSIDERATION NECESSARY, PURSUANT TO DTSSOLUT'ION OF MARRIAGE; GARFIELD COUNTY DISTRICT COURT CASE NO. 48 DR 125 - have remised, released, sold and QUITCLAIMED, and by [bete presenia do remise, release, sell and QUITCLAIM unto the grantee, her heirs, successors end assign forever, ell of the right, title, interest, claim and demand which the ganturs have hi and to the real property, together with any improvements, if any, situate, lying and being in the Cocmty of Gmtteld and State of Colorado, described as follows: See Exhibit' A," attached hereto and int oryormed herein, also known by street address as: 1000 County Road 113, Carbondale, Colorado S1623 TO HAVE AND TO $ULD the same, together with all And singular the appurtenances and privileges thereunto belonging, or in 'anywise theleanto appertaining, and all the estate, right, title, interest and claim whatsoever of the grantors, either in law or equity, to the only proper use, benefit and behoof of the grantee, and the grantee's heirs and assigns, forever. WHEREOF, thegrantorshave excepted this deed on the date set forth above. Stephen G. Kinney Cynth�t`a A. Kinney STATE OF COLORADO County of C.! sA�'E�y`fl,, .., u sC..-. l3q Anent was acknowledged before me this rs off, day of (,Q _, 417Y Stephen G. Kinney, -A.11 W nt)+hand and ol£cialreal. - - - ... ;..,,.,..w. i expires: 9- /4-40a. •arri ) )8s. ) 'STATE OF COLORADO ) County of GCi ) ry me foregoing instrument was et:ltnawtedged before ree this Gi day of Not 4e Witness my hand and official seal My commission expires' 1 a'-) - C 1d J + No. 913. Bev. t t,QUTFCLA MIWJD caA 120fliby Cynthia A. Kinney ANNE M. ICANAN NOTARY PUBLIC STATE OF COLORADO UvCornetist' Eittims 1711=12 4., G G,re ,L411 140). ,yl:teen'l'l. 51 die 300 T]a ; Y!f Cis $'it•) - {Foga t or t) ■il 'i rZIKNIKihFlriiltK CI rI:NRtI40.P 11111 Reception/l; Magda 02i09f2000 03:21125 PM dean RlGerico 2 n1 2 Ree Fee•$I1.00 Dae Eee:0,40 GARFIELD COUNTY CC =WA A :. LEOWL D.ESCRVP2 ON anon 1 7AIRCAA 0r Lim :7a"runro T5t Lor 7 Or 51011031 17 Ake zff m srlri/441/4 01 77]901X01 17, 107 7SA?'P 7 000771i 297105 at iWx,97, 07 WM 677 R.Y. , LlriV9 909119277 Y 07 TRE Mr= 021 A 006559 5070 16 00176774410710 1190) 177 FLAG 1.13) 102751707 07 1118 5047'1107 annismiNX Or RAIP greatralf 18, 9AXIi'PAROBL Or 25107 58 078C7Z&2D . AQ Ma'am,' 9907.991170 Ara PO177r zN 124 rO09 22 ar 9AIb 5050, 771707 11* IRON POSIT 71ST71 11 BRA99 050, 700117) 51 741405 1.23) »50»ZR2T 222-14170 17221 7727.77011 121 0051.171 conned Ur 811IF 9101"X0# 57. OXIIII ° 57. 07°.16'11' s. ,1454.A4 157212 7700)1011 5. 40408.52" 1. 1124.01 1.556 ro A 702277 01, 7127 DA97•7777 05717525 75 Or 02717 55011W 177 7011119.17. 90•40rs1• r. 95€_44 77197 maw .9510 0131772105072 158 5. 34+59';4,7" N. 1105.34 21171 50 A 7021271 79 499 0777174 or 171010 202A1 07801107 21s. as }War 19090 O11' A110 air A MAI s'o 5118 &5111. 2177571 0 AAFIR9 02' 498.09 2271', 37!21 MOM Or la= 211785, 9. 911b402B" 9. 527.46 RRe1'1 mew: A, 19.10'47" 7. 111.37 10152' 1720174 658 08147527 07' 0710 0000 99291111 368.87 7513' 7901210 1'97 770 01 A onyx 70 7111 0917, 121.751777 1 BAF.x09 Or 476.77 E717o TBD CROW 07 7015722 BEARD, N. 91.78.24" A. .194,20 Mr, AO 7118 005711 Or 559.7194719. 702010 22 A -MEM or 7.31717 7Z7'GAT,1P 55 207° 7 ANO 39 7710 $75/4575/4, ALA Yt9 .91101'501 11'. Vont rrxp 7 9QFT17 :iambi OS 70)22' Or 7'821 6TA P.21. 0775779 2017T5i me Or 277 09&752 01' 277 doom 4040. 117 1727420707]) AND 51712711015, 11712 102277211727 770 9778 Sion -mop 0770 7.5.10, Or 1°1112 011075027 17, 17X0 OJUIOa& Or WARD 50 09sa9n9R 29 702071: 0127112711170 AT A 701117 127 11277 4A27TEN Or 22,77) 0011D, 7027197 AN 07071 22797 2110771 .7 mad OAP POUND 221 7.71011 Ako 11057523' 74 URO 704 1'791 /7017111 00*27171 012201 7 08 81u17 5E52'XOil/ 27 ;Oust 21. 10047022m 71. 5.509.24 7921) -71511719 5, 01^07'58" 6. 544.65 1111 7711171 717. 027'37'23" 1. 555.0D aux, worm as. 127107'21+ !. 7710.15 Env TO A 00577 ON 71 1a 1397.1772' 5986666.A555 011 8210.9911109 172 2193%707 i7, 09°.98'71" W. 441.52 17WT 1017W SAIF 3A93'-771297 1io95556,7 I 177811111 77, 26.00'X2. 7..1924.99 7917 70 A 70501 SN 471 0971 1 07 .177n 70597 271117017 7. 72.05'1191 17. 45.57 2'2lO2 - 655008F 109.52 P=ET AIM TM ARC 01r A 00*07 70 1716 .!71', 5777101 A, 2107509 Or 1891.56 211.' 657 011050 Or 00501 89719 7. 120'06'970 5..199.71 211791) 71,77•X117•, 66'06'90" :. 251,10 7877' 71,077141 755 D.92722 717' SARA 23720 10 3121. 705777 07 1E021nge.f. 102211215 or 611 7117.1 OM= 07 00407.7170 077 I I li The grantor shull and will WARRANT AND FOREVER DEFEND the above. bargained premises In the quiet end peaceable possession oldie grandees, their heirs and assigns, against all and every person orpersens lawfully claiming the whole or any part I thereof, The singular number Anil include IIIc glares, the plural the singular. and the use of any gender shall be npplicable to o11 genders. 1N WITNESS WHEREOF the grantor has executed this deed on the dat(esei forth Auw. Jlames r J' an M. Good accorded ni o'clock • Reception Ni. anAn� n!� DEC 71989 Recorder. WARRANTY DEED THIS DEED, Made Ibis 7th day of Dec ber 19 89 , ticrnuen James A. Good and Jean Ai. Good of the «County of Garfield Suite uI' Colorado, grantor. and Stephen C. Kinney and Cynthia A. Kinney end roe s ?1vE44Q DEC 7 1989 GARFIELD Slato Doc. Feta a sa whose legal uddhes±: is P.O. BOX 1597 Basalt, CO 81621 of the County of f arlicld raid Stine of Colorado, grantees; WITNESS. thus the grantor. for and in consider:tion of the sunt of Ten Dollars and other good and valuable consideration DOLLARS. die receipt and sufficiency of which is hereby acknowledged, has gentled, bargained, sold and convoyed, and by these presents does Frau'. bargain. sell. cnnivy and confirm unto the gramecs. their heirs and assigns fon•vcr, not in tenancy in common bit in joint tenancy, all the real prupcdy, together will improsennenrs, if any. situate, lying and being in the County of Garfield nod State of Cnlonrdn. described wi falhsws; See attached Exhibit A oleo knosvo by street and number us 10011 — 113 Broad Carbondale, OD 81623 TOGETHER with all and singular the hemditamcnts unit appugenarces 'hereunto belonging, nr in anywise apponnining and the reversion and reversions. remainder and remainders, rents, issues and profits thereof. rind all the estate, right, title,1ntcrest, claim and demand whatsoever of the grantor. either in law or equity: of. in and to the above barguincdprcmiscs, with the heneditarnents and appuocnances. TO HAVE AND TO HOLD the said premises glove bargained and described, with the appurtenances, unto the grantaes, lbeirheirs and assigns forever. And dee grantor, for himself. his heirs and personal npresentalives, dnes covenant, gram, bargain and agree to and with the grantees. their heirs and assign,. dint at the time ofiheenscali ng and delivery of hi pntaenha, he is well Sc fixed of the premises above conveyed, hes gond, sure, perfect, obstacle unit indefensible estate of inheritance, in law, in fee simple, and has good rigid, full power owl lawful mithority sa grant, bargain, sell ani! convey thesarne in manner end ram nforcsuid, Rad Olathe same tun free and dear from nil furiner and tither gr.hnts, bargains, silos, hens, taxes, a rsscssmcets, cncuulbmnces and restrictions or whntnvcr kind or nature somr, except easements, restrictions, reservations and rights of way, all of record, and real property taxes for the year 1989, not yet due or payable. S-IWrE DF COLORADO County of fiarfield 1 The ligngoing inslrumcnr was ocknowiedged before rime Ibis by James A. Good and .Peau M. Good pRY AU,g� �t .f; ( MARY LOU c/', SEXTON s +P C'i..‘;b..0 70 dayer December .19 89, Wilnav wy hand and official mai My Consmibsiea expiheti June 5 ,199; Nn. 921A.Iter.3.RS. WARRANTY DEER rib3aa,1 r' alit nrvfr.snl I'ughrhlnt, 17.13 w,iea ai., Demo, CO re1112--130142.2RD +•sa Doc 1'ee 43.50 EXH(IBI'x A PARCEL A tint( ?6S f" 44 , A Parcel of land situted in Lot 7 of Section 17 and in the SW'!INE4 of Section 17, Township 7 South. Range 88 Neat, of the 6th F.M., lying Southerly of the center of a County Road as constructed and in place and Northerly of the East-West centerline of said Section 17, said Parcel of lard is described an follows: Beginning at a point in the center of said road, whence an iron post with a brass cap, found in place and properly marked for the North Quarter Corner of said Section 17, bears: N. 03°15'12" E. 1634.94 feet; thence S. 25°08'52" E. 1224.93 feet to a point on the East --West Centerline of said Section 17; thence N. 89°38'31" W. 956.64 feet along said centerline; thence N. 04°53'53" W. 1105.14 feet to a point in the center of said Woad; thence 178 02 feet along the arc of a curve to the left. having a radius of '98.85 feet, the chord of which bears: S. 81°54'16" E. 127.66 feet; thence S. 89°15'22" E. 251.53 feet along the center of said road; thence 154.L8 feet along the arc of a curve to the left, having a radius of 476.90 feet, the chord of which bears: N. 81°26'24" E. 154.20 feet, to the point of beginning. PARCEL B A Parcel of land situated in, Lot 7 and in the S'1 E1/4, all in Section 17, Township 7 South. Range 86 West of the 6th P.M. lying Southerly of the center of the County Road, as constructed and in place, and Northerly of the East-West Centerline, of said Section 17, ;paid Parcel of land is described as follows: Beginning at a point in the center of said road, whence an iron post with a brass cap found in place and properly marked for the North Quarter Corner of said Section 17, bears: N. 10°47'12" 1. 1509.26 feet; thence S. 01°07'58" E. 544.85 feet; thence N. 89°37'21" E. 330.00 feet; thence S. 19°00'21" E. 760.16 feet to a point on the East-West Centerline of said Section 17; thence N. 89°38'31" W. 443.52 feet along said East-West Centerline; thence N. 25°08'52" W. 1224.93 feet to a point in the center of said road; thence N. 72°08'09" E. 46.87 feet; thence 199.82 feet along the arc of a curve Lo the left, having a radius of 1891.55 feet the chord of which bears N. 69°06'35" E. Miotic- Aeek6°05100" E. 158.10 feet along the center of said read to the point of beginning. COUNTY OF GARFIELD STATE OF COLORADO 'I>ma with the following water rights: .1348"cubic toot of water per second of time frau the Staton Ditch (Priorities Nos. 33A, 37A and 113) as decreed in the District Court within and for Water District.Mo 38. Ali. water rights in the Meson Ditch (Priority No. 110) as modified in and subject to the provisions of Water Use Agreement dated neceeber 1, 1978, and recorded in Book 517 at Page 811 as Reception No. 290501 in the office of the Garfield County Clerk and Recorder. All water rights in domestic water well on property as evidenced by water well permit No. 121659. (NOTE: The conveyance of water rights herein shall not be subject to any of the covenants or warranties contained in this deed.) k =vsf � S :?':;y,�E�i+ r rrr vrt�l•s 1,14.,1.. ,:r'47fr ,r e., i , 1.4. 61-1-55 1{rvnr.1edal t?5 o'clock r M1., -JAN- y)i/p._._..._(!y1. fr55 RrLtptlun No, _ 29,015¢+.ue Recorder. ,' THIS HEED, Modo11114 rr 11114 day .r I9.7l, be{were ,70E F. KLINE, alai:: known as JO0 KLINE 4,7uunty or Garfield 111411911111! 1r Col1riduiuf l he find part, and BELL BROS. CONSTROCTION, INC. w110,444 h'ge! 1111111'14x4 ix rll.ING S1'ARII• JAN - 9 1979 ifF i_ P. 0. Sox 1061, Carbondale, Colorado 81G23 of the Clunly Id 0ARFIE;,O 411111 Slate of Cl1/aad 1.111411e x141411411 port' W ITNESS1:TII. That the 1411111 party or the rind part, for and in c11nntdrrntian or thi onto of Ten Dollars and Other Good and Valuable Consideration DOLLARS, Iu the timid newly or Mu 111441 purl in llwad pint) by the x14111 party or the Kennel pu11, the r°celpt whereof ie hereby I'bhfl'ex1111 111111 HAMMY 14 1141411, 11141 gl'1u11m1, 1411.441Ive4l, 111111 and conveyed, a1111 Ily these preeente does grant, bargain, .1111, ..,Huey 4414.1 01101444, 1111111 illy 4111,11 1)a1'ly 1.1 1144 41441114.1 part. 1114 heirs 111111 1111131;15 forever, all t he fo11ow1ng 111(11bud lot ar arrll .1111nd,llltulltr,l4'Ib41 11ei1414inthe county if Gar(lel;�d awl Stalk; 1[C lotadn, fowl 1' A parcel of land situated in the SW+NIP4 o. Section 17, Township 7 South, Range 88 Went of the Sixth Principal Meridian, said parcel of land fa described as follows ; Beginning at a paint on the East—Neat Centerline of said Section 17 whence the Eaet Quarter Corner being a atone found in place bears: S. 89°38131° E. 1283.83 feet; thence N. 89°38'3111 W. 213.36 feet along maid Eaat--West centerline; thihce N. 10°16/34" W. 734.00 feet; thence N. ,89.1311.21" E. 330.00 feet; thence S. 01°07'58" E. 725.88 feet to the Paint of Beginning. T(1GliTt16R with Atl And 1414 idlw'thr herediLamuntll lard appartrnahe'IIH 114111411 hal4aging.414 In nnywfee •pper- tnlnin1, and the I'everxiun 1111(1 revel'14111414, 1.I'nnlhat4'I' and remailtdee11, rentm. i4411111 111111 profit!, theetufl and 141111114 L'i1ile,1'inh1, title, Interest, Onion 4111.1 aom! whatsoever of the 41.1d port .If 1 he•ri...t vitt. either In law lir equity. at'. i11,0111 U. Li.. ulruve 1111114/11 Loll pre oilmen, with the Ilrr411 ltll 1,11111414 net "ppurtenu neve. �Tl11IAVh .AN14144 HOLD Lhe mold piendoc4'drove hgrgntiwd and il. vrIbed, with the uppuriennnreo. unto the as Id • of the 44'111111 part, 1111 14411'4 and 11141141144 forum. And the wild party or the first part. for 1.imeell, his Noire, 1111'4. and 1141111114141 ru (41'11.114111 l'nvenant,11111111. bargain, laud agree in 111(11 with the Kahl party elf the second pert, 1.11'4 nod 1141411414, that ht 1.140luno 4f the mine/ding anti delivery 01 (huge ureses 144, lie Ill well 14412411 of the premised •e CnrlV,ye41, 11111444111111,1441'4„1111'14"'t, 1413s111111M 11011 hlderelxihle 4. BLitt. or alhoritanee, In 1atY,141ret eilnpte, nna (11441 yy I'll 1.11!11t.. fall 111111"'1 111111 III^ -'rat 4111th1rily 4,1 44111111. 1,4141{11111, .14 1 11 1111 VDU Yey the 41114144 11/ manner and form insaf4rII1tlll, 111111 Dint L11L' 11111111' Imre fres' and cleat' from 1111 1141'111141 4.141 11111'1' grll Isle, bargains, sales, hens, 1.1 gap. 11N4l11ll111ellte 1114111 V11411111111'14111'e11111414 rI.1'et'1' klnd 111' Ilatllre 4x11' Vel'. Set attached reeervatione and exceptions amt the 111114111 hnr44ldlled pre1111..4 In the 1(111141 a1111 111111'L1114114 il11NNr44llp1 of 11111 Nal, darty 11f the 1.41'114111 part. Nle 110 114 111111 111441141111111411111441111141111! 4 44 114 111/44/111 or pet mono 1awh111y clrindint 114 to violin the whnlr or flay part thereof, 41.1. 141111 platy 11r 41111 rival purl x141111 11111 will WARRANT AND FOREVER DEFEND. The ,ingalar number shall 14'1141111 till 414141111. me 111111'1.1 Iho N1111411111ry allli 1111' 14x1.41.1114' gender 1llxll he. ap1111eahIe 11 all ge141114r14, Iti WITNESS WE ERE11E, the 414111 pll rty Ill the 41141141414first hereunto 11.'1 h11414141111.41111 0014111144day and year first 11411' .' 151'11(1111. , ,,, tr,. wCol rinA (4 R�CL�ihlyor ,7L -°lea knoltri-ss-:fOE'KE'I 'BEA NIslALI '1'11H •114 i14k1,If.:., '-fnel•r mkul wan n,'h7,4wletlited 1,11,,.1, 111' thio 6--t4 II/77;'1,111, ?17134'F_,,Kiipe *leo known as JOE KL TEE '141�N.gy.i,tr l'/l�ix1111 144 „r £4.' . dip 117,4 " 4144 1-.14 114411 . 1... 1",.i4ar • 4.1.4 I . • ••'.1 .111y of V . . IH Q/ WI111•1.41111 1111111 Ked offlril i 11.4,1. K1.111i 111,614rd 1411111,•1.14,/1.. INI#4.11111 my,.. l an.rrr,I,l.4..•`"••""' '- ,.a..aK nw.,anx,ai $fit • k:iP'.H-I'?:i:�t�!,.w:-1f�,{.r.: �� viea:�m'ex-Yh •. �.� 5. WITC Resetvations ana*ceptioaa to Warranty Deed from Joe F. Kline, aloe kn0rm Ha Joe*lisib'to Bel Bros. Conatructien, Inc. 1. Reaerlrationaenc exceptiena contained in the United Staten patent to the dbscribediropetty. 2. Rights of way and_easements for roads, streets, ditches, canals, pipblineu and utility' Linea -including, but not limited to: e. Easement from Paul W. Fischer and Joe Kline to holy Cross Electric Aseoctatibh, Inc. dated January 4, 1978 and recorded January 6, 1978 as document Nn. 282750 in Book 504 at Page 674. b. SU foot road eoeeat across propsubject rty recitedyinor accost' unrecnrdedoland contract Southwesterly offeuU.ject Prn P dated December 9, 1978. c. Hon-deceript easement for water lines and electrical serV1cenlines along with rbliaations for Same as recited in unrecorded ct dated December 9, 1978. 3. Tamen or special aaseesmeata which are not shown taxes s oripecial tawn; asbystthe enta public records, and poaaible liana, if any, which are not required to be certified to the County 'treasurer to become_, liens on the land described herein. 4. 1978 taxes, a lien, not yet due and payable. Recorded eL 5`...‘f j r _ 2., MAY 21 1�7}y` __ BUNK 528 raGE v 07 Reception Nu_ -_deme J.[lti L%�'lLr (�I 'Meunier. TiII D6grtMadethie lOth day of May IS 7N between JOS S. KL1NE, a/k/a. JOE KLINE ofthu Countyef Garfield and State efCalm rado,eftho first part, end BELT, EROS. CONSTRUCTION, INC. ■ corporation nrganl.od and e.l.lhrg under and by virtue of Lh. Iewm of the State of Colorado . of the mound part; whose legal eddre.o Im P.C. Eox 1061, Carbondale, CO 51623 WITNESSETN,'Mitt the solid µarty of the Mat part, or and inconaldai tlonoftheaumcif --Ten Dollar' and other valuable consideration---- ,DDLLARa to the sold port y of the first pert In hind geld by the maid party afthc second part, the reealptwh.reon s hereby eonfeied and acknowledged, het granLad.;hergalned, gold end conveyed, and by there pr..enti do mg grant, bargain, ens, convey end confirm, unto the; meld party of the second port, It..ueeeaeara and sailor. forayer, all of the fallowing described lot orp.rcel of land, nituatn,Iylngrnd hoing in the County of Garfield mad Erato ofColorudy,Wake; RECORDER'S STAMP MAY 2 4979 awl norm to See Exhibit "A11 attached hereto and by this reference made a part hereof. hheimewnewnwtre./w reem6me TOGETHER with ell and elnRnlnr the hereditament" and appurtenances thereunto belonging or In anywise appertaining. end the rever"ion and reverelonn, remainder end remainder", verde, Moues and profit. tharenfl end all the estate, right, title, Inturunt, cle.lm and *mend whatnneeer fir the said part y of the flat part, either In law or equ ay. of, In and to the above hergalned promisee, with the heredlterentn end appurtenances, . TORAYR %MOTs, HOLD the nnld premleen above burualned and dearribud, with the appurtenance', unto the meld party el thaeco und part, lte sueceenor end assigns forever. And the sold party of tics first parr, far Min eel f hie helre,oxacuturn, and edminlatrature.de an covenant, pont, bargain and 'gran toaud with the geld party of the eeeund part, ltn linesmen' and Resign", that at the time of the eu.ealing end delivery of these preaente, he ie well nailed ott,lne premises above conveyed, am of good, .ure,perfeet, absolute and Indefensible estate of Inherit nu.e, in law, In fee nlulple, and hag guud right. full power and lawful authority to grant, bargain, Hell and convey the name in manner andLf.rm n" pforeaatd, and that the game are free and clear from ail former and ether grants. hargolne, Wee, Ilene, Wee, an"ennmentn end ancumbrancee of whatever kind or nature waver, and the ebnve bargained eremitical In the qulet and peaceful poanocnlun of the sold party of the ascend pert, Re eucce..or and aeekgne. mining elk and every portion fir perrolle law[utly clnlrnIng or to claim the whale or any port thereof, the aald pert of the Met part IMO end will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, This meld porky ofthoflr!part hon hereunto get big band end sen! the day end year first above written. i J�/�J Signed, Rented end t3elivered W the Presence of - ' •" 1 "'~--i- -1..-ISEALI Jon !Ulna, a Ida Joe ling ISEa14 STATE OFCOLOR ADO, /,�f Couutybi Garfield fie Tait hetrument was acknowledged before me thIn I', 7l g, Jur & F. tins. a/k/a Joe Kline , if NipwimRr lend iI ufaelal moil. I /f o EI L1r' ,a , lath '4l Any or Mey iarALI s.411.70.0nn.. 1 BOK 528 r 03 IIRIBIT "A" EASEMENT N4. 1: An easement and rightofway 34 feet in width for purposes of acceee to that real property da®cribed in deed recorded et' Reception No, 241315 in Rook 521 at page 455 Of the records of the Clerk and Recorder of Garfield County, Colorado, which easement and right of way shall be situate along and 15 feat on either side of the centerline of the roadway se currently established and in place extending from 4arfiald County Bond 113 to second party's properly se daar-ribed in the above referenced deed. ALTERNATIVE EABENOT 110. 2: First party hereby grants and conveys to ascend party an easement end right of way 30 feet in width for accent' to second party's real property described In the above referenced deed recorded an Reception Mo, 291315, which easement and right of way shell extend war and across the northerly 30 feet of that ren/ property doearihed on Exhibit "09 attached hereto and incorporated herein by this reference to pecond party's property Ha above described, Upon the entabliehoent and nee of a roadway on this Alternative Easement No, 2 for a period of one year without abandonment of the same, paid easement shall nerve - no the exclueivc access easement to necond party's above deaerihed property and that portion of the above described Esnement No. 1 located southerly of the northwesterly corner of Mat party's paid property shall thereupon bo &mol lered abandoned and extinguished. "EANIBIT 'b" id the fl111E9t of Section 17. Towneh.p'i 8 itis a -408}",T itib Principal Meridien. slid Patcil o dfiieribid il` 1 9 De*inixiny el-iI.�,diNt :qn trh� Boit-Wont centetll.nti og arid-t8ifkiIlafik]i7 y arhenee the 6eiitigu.Yter cbtner'brind 4 atone 1ound in p16ae h +�B SDt38' 31" W12e3;$3 "feet :'thence N. 84'38+31"3. 06,76 fefia '1 beet -melt cin ilina to the True Point of 6eEinniollitheuce R s1 '2t W. 760.96 I Iti h•nco N. 89'37'21" F. 330.00 gena lhen6e t#r 10Y0 34"+ ; R. 734.00 flit to a p int on maid gent -West center11601 theme• [t. e$r'�B i'i� W. 213.38 featilani .mid Ennt-Went centerline to the Win P61iitof ` Eri.onin8. gaciFfv'711a?' .-wIR Jfy .,$r+30110-47NNU;'NMPre Recorded at ----",rt ��� }}tlpck M� A�" 2 �1j cars �,A ��)p Bum 528 PAGc�% O Reception No 'lL ZIOD 4'j 444-at4f/dr- Recorder. TI1rsDEF.U, Medethia 10th dayef :ftey ,1979, between BELL BROS. CONSTRUCTION, INC,. of the County of Garfield end state of Caloredo, of the first pert, and JOE F. KLINE whom. legal address 0014 Rd. 111, Carbondale, CO 81623 of the County of Garfield and state of Colorado, of the second part, WITNESSETH, That the said party of the first pert, for and In roneldoration of the sum of -----Ten Dollars and other valuable,caneideration DOLLARS, to the maid pert y of the Drat pert in hand paid by the weld part iea ofthe maeand part,the receipt whereof le herrbq confessed ■nd acknowledged, ha remised, released, mold, conveyed and QUIT CLAIMED, and by theao presents do remise, release, sell, convey and QUITCLAIM unto the maid party of the second pert, his heirs,' succoaeore and assigns, forever, all the right, title, interest, claim and demand which the cold pert of the Drat purl ha a In and to the fallowing doecribed lot ur parcel i,f land eftuaie. Tying and being In the County of Garfield and State orColorado, to wit: An easement and right of way 30 feet in width over and across that real property described in deed recorded as Reception No. 291315 in Book 521 at Page 435 of the records of the Clerk and Recorder of Garfield County, Colorado, Which easement and right of way shall be for the purpose of access to the southerly portion of that parcel of real property owned by grantee and situate westerly of grantor's real property above described and which easement and right of Way obeli be situate along and 15 feet an either sine of the centerline of the roadway as currently established and to place; provided, huw=vet, chat in talo event the easement referred to as Alternative Easement No. 2 in deed recorded an Reception No. 29g3.0 of said Garfield County records is established and Easement No. 1 as therein described is abandoned and extinguiahed,eecond party shall be entitled to an eaeemene and right of way to second party's property no above described over andjaerosa first party's property, along and 15 feet .en either gide of the road as then constructed from said Alternative Easement No. 2. MAY P1.1?7) NI' sECI1111)IIY III rlerlthowetr satoae►aad nantIwr+.-. TO HAVE AND TO HOLD the enure, together with all and eingulor the apptrlenanoes and privileges thereunto belonging or in anywise theruuntu appertaining, end ell the eetatn, right, title, intermit and claim whatsoever, of the maid party of the first part. either In low or equIty,'Itn the only proper use, benefit and hahoof of the mild part y of the second part, hiaheire end assigns forever. IN WITNESS WHEREOF, Tin mold pert y ofthefiretpart haa hereunto met its bend and seal the day and year first abovewritten.i BELL EROS. CONSTRUCTION, INC. PEAL) Signed, Sealed mod Delivered In the Presence ofs/ Byt v G7.e trio de4SEAL) President XTIEBT • 44yy J', r -will✓.. iii . X41 ,� o S ty cry • / J fsEALi is i y4 !- t t$iwr COLORADO, . 9 0 ° f"~ ournyet Garfield p i jth�for �' sInit>; ntwasaakpowladgedbeforemethis loth cloys( May a ,..7, . • f,.'°Md 1 �. IUy��' W n Iinnd;udn(fIeI seal. ,.� Ili f. _f �L t. _ __ __ MMrry i can - MEAL' idy- e. , a rK Ho. Fee of $9.50 was paid on the Installment Land Contract recorded March 15, 1985. WARRANfV DEED 'ftp$ DE!D, Made this 15th divot. Marc1 1985 .1x ,en .STARKEtlAI1M & CO. of the °County of Gene State n` Colorado. grantor, and DENNIS-Gr QUIRK AND LOUISE J. QUIR and whose legal a :doss is of the P.O. Box 8036, Aspen, CO 81612 ['many of Pitkin and State of Colorado, grantees: WITNESS. that the grantor, for and in consideration of the sur. of $95,000.00 -DOLLARS. the receipt and sufficiency of which is hereby acknowledged has granted, bargained, sold and conveyed. and by these presems does grail. bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy. all the reaI prrneriy, together with improvements, if any, situate. lying and being In the County of Garfield and State of Colorado, described as follmvs' See Exhibit "A" attached hereto and made a part hereof by this reference. Together with a nonexclusive easement for ingress and egress over an existing road as the same is naw in place. Also an existing well and water line easement as the same is in place, together with seller's rights in the well. alba known by ttree( anti n.'^dier as 1172 County Road 113, Glenwood Springs, CO 81601 TOGETHER with all and singular the hcrcditsmeuts and appurtenances then•unto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand wharsucvei of the gamer. either in Law or equity, of. in and to the above bnrgatned ptcmiscs. with the Isereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees. their heirs and assign; forever Anil the grantor, for himself. his heirs and pe anal representatives, does covenant, grant, bargain and agree to and with the gramces • their twits and assigns.ilial as the time oldie enc4al'ing and delivery of these presents, be is well seized of the premises above conveyed, Puts pod, sure, perfect, absolute avid indefeasible estate of inhei dance. in Ino. in Re simple, and has gond right, full pi>tiver rind lawful authority to grunt, bargain, sell and vonvey the same in manner and form aforesaid, and that the, sonic are fisc raid clear from all former and other grams, bargains, sales, liens. tuxes. ussessmcnts, encumbrances and restrictions of whatever kind or nature soccer, erecpt easements, restrictions, reservations and rights-of-way, all of record; real property tax^.s for the year 1985, not yet dile or payable and Deed of Trust for thehpuse of The Federal Land Bank of Wichita, to secure $250,000.00, dated eFefi; e d3 Q,, J,980st rer of i r Anrl l 9 n 8r1,s in Q } 5.1p9 at Page 280 as Reception ar ilsc anon.. prcmtsesSt t ie mic ur�tld peacer6le it 5essrogfs sRe .gr ?a, t prutvivor of them, their assigns and the heir's and assigns of such survivor. against ulI and every person or persons lawfully claiming or to claim the whole or any pari thereof, the grantor shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, the plurat the singular, and the use of any gender shall be applicable In all genders. IN WITNESS WHEREOF the grantor bus ettecutcd This decd on the dime het forth above .STRRKEBAUM REQ, fyiBY: � ,lY/ . .,ce-eTZ1 . Clark R. Starkebaum, Rattner STATE OF COLORADO / l✓ County of v The fitt going I fltttrtlitent was acknowledged before me in the •5#46 County of 8.44 rkil�/ , Slate of Ca I day of #&b 19 OS , by �� �Tyi fff llhlt 1 .A--- of Starkebaum & o. • Cid fl L wn0cis my hand and oftlsial ual. My Curutmvisun rnnirci 9 '-AZ9 . 14 87, • Ctrs4SCIs4., , G��" r.r • y wwir tith r,„4,•1f ht Denser, insert 'City and " I OIC u 1 a to, Ns. 10.2IA. Tier. 244. WARRANTY r3LFD MUNI Orb) MAW rubsigna, MD W. rich Aw., takr..acd. CD 10514 —11055 333.6900 014 a .11 .i 'i .313 a EXHIOIT "A" A Parcel of land situated in the smkpag at fect2ow 17, 7 South, Pangs 00 est of the O P.M., said taresl 'of is described as follows; Beginning at & point en the East -hest centerline of said stYgil" 17, whence ' the Diet goorter corner, "being a atone found in place bears: S. 89'38'31' E. 1253.*3 test; thence N. 89'38.31" N. 426.76 feet along said East -Hest centerline to the True Point of Beginnings thence N. 19600'21' H. 760.10 feet; thence U. 89°37'21" Er 330.00 fest; thence S. 19'16'34' E. 734.00.feet to a point on said Fast -tient centerline; thence N. 89.38'31" N. 213.38 feet along sa'3 East -Hest centerline to the True Point of Beginning. COUNTY OF G.sRFIELD SThTE OF COLORADO Grantor reserves an easement across the subject property for purposes of ingress and egress and underground utilities. Said easement to be along an existing road now in place. ij 111 Letter of Authorization to Represent LETTER OF AUTHORIZATION TO REPRESENT September 27, 2019 To Whom it May Concern This letter shall serve as authorization for Tom Stevens of The Stevens Group, Inc. to represent my interests as they pertain to the Kiney Minor Subdivision and the current Substantial Amendment as submitted to Garfield County September of 2019 Cynthia Fox Copy of Director's Decision for Approval of Minor Subdivision April 21, 2017 Tom Stevens 0511 Maroon Mesa Road Carbondale, CO 81623 RE: GYkdtre, 4 �lsAse t wI . 11 -P tY p er p17441-‘? Garfield County Community Development Department Director's Decision Kinney Minor Subdivision (MISA-04-16-8440) Dear Tom: This letter is provided to you as the authorized representative for the Kinney Minor Subdivision located at 1000 County Road 113, approximately 5 miles north of the Town of Carbondale and submitted by Cynthia Fox (Kinney). The Application has been reviewed in accordance with the Administrative Review procedures contained in the Land Use and Development Code as amended. Said provisions require a decision by the Director of the Community Development Department on whether to approve, approve with conditions, or deny the request. The Director's Decision is hereby issued approving the Application for Minor Subdivision with the following findings: 1. That proper public notice was provided as required for the Director's Decision including a determination of constructive notice and substantial compliance by the Director, pursuant to Section 4-101(E)(5) of the Garfield County Land Use and Development Code, as amended. 2. The Director's Decision review was extensive and complete, that all pertinent facts, matters and issues were submitted and all interested parties were given the opportunity to provide input prior to the decision date. 3. That for the above stated and other reasons the proposed Minor Subdivision is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoption of conditions, and approval of a Roadway Waiver 1 addressing grade, drainage, roadway cross sections, and width, for Lot 3, the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended, including Section 5-301 (C) Minor Subdivision Review Criteria. The Application is approved subject to the following conditions: 1. That all representations contained in the Application submittals shall be considered conditions of approval unless otherwise amended or changed by the Director's Decision. 2. Prior to the Board signing the plat, final review and approval by the County t Attorney's Office and the County Surveyor shall be required. 3. Prior to the Board signing the plat, the following edits and modification to the plat shall be required. a. The plat shall be updated to include all existing easements including those for irrigation ditches,, b. The plat shall be updated to incI_udesnotes referencing_ _access easement serving _Lot 3 including recording information as deemed appropriate by the County Attorney's Office. c. The 1.00 year flood_ _pllai0 :shell be clearly labelled onthe plat, and elevations shown on the site plan shall be corrected to ensure that flood plain areas are accurately shown on the plat. d. Any easements requited for extension of utility service shall be included on the plat. The width of the easement shall be acceptable to the utility provider. e. References to Parcel "A" and Parcel "B" shall be removed. f. Certificates and sig.nature_blocks shall be updated in accordance with the County's standard templates as noted in the County Resource Guide. This shall include a Lien Holders Certificate if determined necessary by the County Attorney's Office and the Applicant's title work. The building envelopes for Lots 2 & 3 shall be reviewed by the Applicant's engineer or surveyor and shall be reconfigured to eliminate any areas with slopes greater than 20%. h. The building envelope for Lot 2 shall be reviewed by the Applicant's engineer or surveyor and shall be reconfigured to eliminate any areas within 35 ft. of the typical ordinary high water line for Cattle Creek, g. 2 v consistent with the provision of Section 7-203 of the Land Use and Development Code. i. The standard plat notes., A, B, C, 0, E, F, H, and I from the County Resource Guide shall be added to the plat. J• The following plat notes shall be added to the plat. Final wording for the plat notes shall be subject to approval by the County Attorney's Office. • A. site $pecific 9eotechnical, soils,and _founjtionanalysis. shall_ be required for all-new construction, The analysis shall address soils, geologic conditions, and groundwater concerns. Compliance with the recommendations of the analysis shall be required. Engineered foundations and septic systems may be required pursuant to the findings and recommendation of the soils analysis. Appropriate mitigation for geotechnical issues including but not limited to debris flow potential on Lot 3 shall be designed at the time of building permit in accordance with the geotechnical analysis. o 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 to contrast with background color. o Driveway Access Permitsfrom the County Road and Bridge Grp Department shall be required at the time of building permit )44v nea application for,Lots 2 & 3. y7 o Combustible materials should be thinned from around structures so as to provide a defensible space in the event of a wildland fire. o Removal of native vegetation within 35 ft of the typical ordinary high water line of Cattle Creek is prohibited. 4. Prior to the Board signing the plat, the Applicant shall address the following conditions related to demonstration of a legal, physical, adequate, and reliable water source to serve all three proposed lots. a. The Applicant shall provide copies of current well permits for all three lots that address the Division of Water Resources referral comments including evidence of contracts with the Basalt Water Conservation District as needed for water augmentation. The contracts with the District as required for the well permits shall be maintained by the Applicant and future lot owners. b. The Applicant shall complete the wells ort Lots 2 &3 including installation of all required equipment and pumps and shall file completion k 3 reports with the Division of Water Resources in accordance with the Division's requirements. c. The Applicant shall complete. four hour pump testator the wells on Lots 2_8s_ _that meet the requirements contained in the Land Use and Development Code Section 4-203(M) including an analysis and opinion from a qualified professional that the well will be adequate to supply water for the proposed uses. Should the report include recommendations for additional facilities to ensure that the wells are adequate (i.e. storage) the recommendations shall be submitted to the County for review and approval by the County's consulting engineer. d. The Applicant shall complete water__quality testing for the wells on Lots 2 8! 3.that meet the requirements contained in the Land Use and Development Code, Section 4-230(M) confirming that the Colorado Primary Drinking Water Standards are met, or the Applicant has otherwise identified a treatment system that will bring the water quality compliance with the standards. A statement confirming compliance by a qualified professional or laboratory shall be required. 5. Prior to the Board signing the plat, the School Impact Fees and Fire. District Impact Fees shall be calculated and paid for Lots 2_& 3. A qualified broker price opinion shall be acceptable for the calculation. Should an agreement with the Fire District be required by the District the agreement shall be signed prior to the signing of the plat. 6. Prior to the Board signing the plat, the Applicant shall document iegal_access for Lot 3 through submittal of additional easement documents and a shared driveway agreement addressing use and maintenance if determined necessary by the County Attorney's Office. The additional documentation shall be subject to review and acceptance by the County Attorney's Office. 7. Prior to the Board signing the plat, the Applicant shall provide an updated roadway waiver request for. he..Lot_3 access driveway to address the Roadway Waiver Criteria contained in Policy No. 01-14 (see attached) including road width, surfacing, maintenance, and drainage issues in additional to maximum grade. Driveway standards shall be based on ADT estimates for the driveway and Table 7-107 in the Land Use and Development Code. 8. Prior to the Board signing the plat, the Applicant shall Qbtain comments from flitch companie with ditches crossing the site indicating that the development proposal will have no impact on their ability to maintain the ditches and that an adequate maintenance easement is possible. dhf 0, f es» Psi /-a4 9. Prior to issuance of a building pew. for Lot 2 or construction of a ditch crossing for the Lot 2 access driveway, if determined necessary, the Applicant shall provide a letter from .the ditch company regarding agreement with standards contained in the proposed crossing. 4 rM .A•41 d,?� 7 Awe A 1 G1.ley`. Y tU 1 (6ult,,i ��,� ?y 1_r 10. Prior to the Board signing the plat, the Applicant shall obtain updated comments from the Carbondale and Rural Fire Protection District to confirm that the new access proposal for Lot 3 is acceptable to the District for emergency vehicle access. 11. Prior to the Board signing the plat, the Applicant shall extend_ electric service ,to serve each.of.LQts 2 and 3.. The utility extension shall be below grade and constructed by the utility provider (Holy Cross Electric), or inspected and accepted by said provider. 12. Prior to the Board signing the plat, the Applicant shall provide a weed. management plan including a weed inventory and map. The plan and inventory shall be subject to review and approval by the County Vegetation Manager and shall include provisions for re -vegetation consistent with the Applicant's representations. 13. The Applicant shall comply with the recommendation of the Colorado Parks and Wildlife for wildlife compatibility as outlined below including use of bear proof trash containers or storing trash in a secured building or garage: Any areas with disturbed soils resulting from road construction, septic tank installation, utility lines, etc. should be monitored and treated for invasive weed species. Any dogs should be kenneled or under the owner's supervision at all times for the two new residences to avoid impacts to winter range on adjacent Bureau of Land Management property. • New property owners should follow all bear -aware practices to minimize attractants for wildlife and reduce human/wildlife conflicts, Small animals (rabbits, poultry, etc.) should be fenced with a minimum 4 foot, 5 strand electric fence with alternating hot -ground wires and a minimum of 6000 volts and 0.7 joules, Any new perimeter fencing for the two newly created parcels should adhere to the requirements found within CPW's Fencing with Wildlife in Mind Document. A14 -11,0 -Pie 14. The Applicant shall consult the Colorado State Forest Service Firewise Construction guidelines for futurimprovements and landscaping on the site. 15. The Applicant shall have 180 days from the date of the Director's Decision to `C complete all conditions of approval and submit the Minor Subdivision Plat for recording. The Land Use and Development Code requires notification to the Board of County Commissioners for their review and potential call-up of the Director's Decision. The Board review is for a period of 10 calendar days commencing on the date of the Director's Decision. The call-up period shall expire on May 1st. The Amended Final Plat will be scheduled on the Board of County Commissioner's consent agenda after expiration of the call-up period and once all conditions of approval 5 : 49)7 have been satisfied including editing of the plat, acquisition of all necessary signatures and completion of all required improvements. Please note that you will have 180 days from the date of approval to submit a plat suitable for recording. Extensions of this time period may be requested prior to the expiration of the original time limit. Please contact the Community Development Department -if you have any questions regarding the Director's Decision and the next steps for finalizing your Minor Subdivision approval. Sincerely, Sh���11 ;.wer, AICP Direct, r, Community Development Department cc: Board of County Commissioners 6 EXHIBIT G Copy of Original Submittal and Supplemental Information Packages KINNEY Application for Minor Subdivision Review Owner: Cynthia Fox (Kinney) 1000 County Road 113 Carbondale, Colorado 81623 Garfield County (970) 945-7620 Land Planning/Owner Representation: Tom Stevens The Stevens Group Inc. 0155 Maroon Mesa Road Carbondale, Colorado 81623 (970) 319-0699 tstevens@stevensgroupinc.com Civil/Survey Engineering: Hans Brucker Pinnacle Design 805 Buck Point Road Carbondale, Colorado 81623 (970) 963-2170 pinnacledesign@sopris.net Water Attorney: Paul Noto Patrick Miller Kropf & Noto P.C. 197 Prospector Drive, Suite 2104A Aspen, Colorado 8161 1 (970) 920-1020 noto@waterlaw.com Table of Contents Application Specifics 11, General Project Description 111. Regulatory Provisions IV. Exhibits a. Application Form b. Agreement to Pay Form c. Pre Application Summary d. Deed e. Letter of Authorization to Represent f. Water Rights g. Letter from Civil Engineer Regarding Site Septic h, List or Property Owners within 200 Feet V. Plans a. Existing Conditions and Vicinity Map b. Site Development Plan c. Plat VL Hazard Maps 1. APPLICATION SPECIFICS TAX PARCEL NUMBER: 2393-171-00-092 OWNER: Cynthia A. Fox (Kinney) REPRESENTATIVE: Tom Stevens, The Stevens Group, Inc. - 970-319-0699 - tstevens@stevensgrou p1nc.com ADDRESS: 1000 CR 113 TYPE OF APPLICATION; Administrative - Minor Subdivision 2. GENERAL PROJECT DESCRIPTION Cynthia Fox (Kinney), owner of a 29.88 acre parcel located towards the bottom of Cattle Creek, at 1000 Cattle Creek Road, seeks to subdivide the property into three individual lots. The site currently has one single family home served by well and septic system and accesses directly to Cattle Creek Road. This is referred to within this application as Lot 1. The applicant proposes to create two new 2+ acre lots and provide building envelopes, each more restrictive than the zoning required setbacks, to minimize impact on natural resources. These shall be identified as Lot 2 and Lot 3. The fathering parcel, Lot 1, will include the current site improvements including a single family home and accessory structures. Cattle Creek bisects the property at the northern end of the site. The proposed building envelopes have been designed to avoid the designated floodplain, setback from the high water mark of the stream, as well as high water table (related to provision of wastewater). Also a ditch runs through the property and has been located on the site plan and plat with required maintenance easements. Existing access to the current home site is directly from Cattle Creek Road via a driveway serving just the one home. Proposed access has been described in detail later within this application. It will access directly to Cattle Creek Road and a shared driveway for the two proposed lots will be constructed. The new access will cross the creek, therefore will comply with all applicable county standards required in Section 7-107 of the Land Use and Development Code. Legal and physical access to each of the proposed lots will be provided via County Road 113, Cattle Creek Road. A shared driveway will be constructed, accessing directly to County Road 113. This access will be contained within an access easement through Lot 2, Then through Lot 1, benefiting Lot 3. This access has been represented on the attached Site Development Plan and Plat Map. Gradients and site distances are will be consistent with existing driveways in this area of 113 Road and comply with all applicable County Standards. The property is not part of any homeowners association. The creation of the two proposed lots will not require the formation of a new homeowners association. A shared driveway will service proposed Lots 2 and 3 and as such will require a simple shared maintenance agreement. It should be noted that an existing access exists adjacent to Lot 3 that could physically service Lot 3. The Applicant is currently in the process of investigating the easement that must exist for this access as it crosses the Applicant's property to serve another residential property. If it is found that legal access can be provided to Lot 3 via this existing driveway, the access driveway proposed to be shared with Lot 2, and cross the creek would not be constructed. However, until this is resolved, legal access does exist to Lot 3. Pursuing the existing access adjacent to the proposed Lot 3 would simply reduce construction costs. The zoning of the site is Rural which requires a minimum lot size of two acres. This subdivision will create two new lots, each just over two acres, therefore complying with the minimum lot size. The parent parcel, which is now 29.88 acres, will result in approximately 25.65 acres once the two proposed lots have been subtracted and is identified as Lot 1. The average lot size after this subdivision will be 9.96 acres. The Comprehensive Plan Future Land Use Map designates the site as appropriate for a density of 10+ acres per dwelling unit. The proposed subdivision complies with these target requirements and exceed minimum required lot size. Demonstration of an adequate legal and physical water supply has been provided within this application (See Exhibit F). Two new wells will be drilled, each to serve a new residence. The new well permits are currently in place and the physical wells will be drilled within the required timeframe specified within the permit. The intent is the new wells shall be drilled, pumped and quality tested within 90 days of the application approval (prior to the plat being finalized and recorded). The Applicant shall comply with this regulation. The two proposed lots are currently surrounded by existing residences, each with an on-site wastewater treatment system (OWTS). It is the opinion of the project civil engineer that similar conditions will be encountered at the two proposed lots with respect to geologic conditions. A percolation test has been performed at each proposed lot and the results of those tests, as well as the Engineer's opinion of constructability of an OWTS, has been attached herein (see Exhibit G). The test data shall be used in the design of the OWTS. A specific OWTS plan will need to respond to an actual residential design. Since this does not exist, and may not exist for several years, the OWTS plans will be submitted at the time building permit plans are submitted. 3. REGULATORY PROVISIONS . Garfield County Comprehensive Plan 2030 As stated above, this application complies with the intent of the Garfield County comprehensive Plan. . Garfield County Land Use and Development Code, as amended The creation of the two proposed lots complies with all applicable provisions of the Land Use and Development Code. Compliance has been described above. . Table 4-101, Common Review Procedures and Required Notice; This application is being submitted as a Minor Subdivision. As such it will be reviewed by the Planning director and no Public Hearing will be conducted unless determined by the Planning director. As such, no public notice is required. . Table 5-103 - Procedures and Notice See Above . Section 5-301 - Minor Subdivision This application is submitted within the requirements of the Minor Subdivision regulations. The Applicant has made every effort to comply with all applicable regulations. . Sections 5-401 and 5-402 - Submittal requirements The Applicant has made every effort to provide a complete submittal. All submittal requirements are contained within this applicant and the attached exhibits. Should the Planning Department or the Planning Director feel the need for any additional information the Applicant will be happy to comply. Article 7, Division 1, 2, and 4. See below. ARTICLE 7: STANDARDS DIVISION 1. GENERAL APPROVAL STANDARDS. The following standards apply to all proposed Land Use Changes, including divisions of land, unless elsewhere in this Code a use is explicitly exempt from one or more standards. 7-101. ZONE DISTRICT USE REGULATIONS. The Land Use Change shall comply with Article 3, Zoning, including any applicable zone district use restrictions and regulations. The underlying Rural zone district requires a minimum lot size of 2 acres. This application complies and actually exceeds this requirement. The proposed use of the new lots will be residential, the allowed use within the underlying zone district. 7-102. COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS. The Land Use Change is in general conformance with the Garfield County Comprehensive Plan and complies with any applicable intergovernmental agreement. The proposed two lots fall within general conformance of the Garfield County Comprehensive plan based on use and minimum lot size. 7-103. COMPATIBILITY. The nature, scale, and intensity of the proposed use are compatible with adjacent land uses. The proposed residential use is consistent with the surrounding residential uses. 7-104. SOURCE OF WATER. All applications for Land Use Change Permits shall have an adequate, reliable, physical, long- term, and legal water supply to serve the use, except for land uses that do not require water, or that contain Temporary Facilities served by a licensed water hauler. Proof of legal and adequate water supply have been provided herein (See Exhibit F). The wells for the proposed lots have not been drilled yet. The physical adequacy of water will determine the depth of the well and whether or not on site storage will be required. The wells in the areas that are currently serving all adjacent homes have proven to be able to provide adequate physical supply. Again, the legal supply of water has been secured. It is the intent of the Applicant to drill the wells prior to submitting for a building permit for each lot. Therefore the County will be afforded adequate review of the physical water supply prior to issuing a building permit. A. BOCC Determination. The BOCC, pursuant to C.R.S. § 29-20-301, et seq., shall not approve an application for a Land Use Change Permit, including divisions of land, unless it determines in its sole discretion, after considering the application and all of the information provided, that the Applicant has satisfactorily demonstrated that the proposed water supply will be adequate. Nothing in this section shall be construed to require that the Applicant own or have acquired the proposed water supply or constructed the related infrastructure at the time of the application. See above. B. Determination of Adequate Water. The BOCC's sale determination as to whether an Applicant has an Adequate Water Supply to meet the water supply requirements of a proposed development shall be based on consideration of the following information: 1. The documentation required by the Water Supply Plan per section 4- 203.M.; 2. A letter from the State engineer commenting on the documentation provided in the Water Supply Plan per section 4-203.M.; 3. Whether the Applicant has paid to a Water Supply Entity a fee or charge for the purpose of acquiring water for or expanding or constructing the infrastructure to serve the proposed development; and 4. Any other information deemed relevant by the BOCC to determine, in its sole discretion, whether the water supply for the proposed development is adequate, including without limitation, any information required to be submitted by the Applicant pursuant to this Code or State statutes. The Applicant, through its water attorney has provided documentation of legal water supply. 7-105. CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS. A. Water Distribution Systems. The land use shall be served by a water distribution system that is adequate to serve the proposed use and density. Not Applicable 1. Where water service through a Water Supply Entity is not physically or economically feasible, a central well and distribution system is preferred over individual wells. 2. A Central Water Distribution System is required if: a. The property is located within 400 feet of a Central Water System, the system is available and adequate to serve the proposed development, and connection is practicable and feasible; or b. The residential development consists of 15 or more dwelling units. Not Applicable. B. Wastewater Systems. The land use shall be served by a wastewater system that is adequate to serve the proposed use and density. 1. Every effort shall be made to secure a public sewer extension. Where connections to an existing public sewer are not physically or economically feasible, a central collection system and treatment plant is preferred. Ties to an existing public sewer system are not feasible in this location. No adjacent property is tied to a public system. Therefore and OWTS will be constructed on each proposed lot. 2. A central wastewater system is required if a. The property is located within 400 feet of a Sewage Treatment Facility, the system is available and adequate to serve the proposed development, and connection is practicable and feasible b. The property is not suitable for an OWTS. Septic systems are not permitted on parcels less than 1 acre in size. The property is not located within 400 feet of a treatment facility and the sites are suitable for an OWTS. TABLE 7-105: SEWAGE DISPOSAL SYSTEM MINIMUM LOT REQUIREMENTS Type of Disposal On Lot' Method of Disposal Septic Tank {Subsurface) or Dispersal Method Lot Area Prohibitedz Allowed3 Allowed I Over Z Acres TABLE 7-105: SEWAGE DISPOSAL SYSTEM MINIMUM LOT REQUIREMENTS Type of Disposal Off Lot4 Method of Disposal Nondischarging: Subsurface Disposal Ltss'ti n Aire Allowed Lot Area ISEBI Allowed Allowed Discharging: Ground Surface or Waters of the State Allowed Allowed Allowed Notes: 1. Shall comply with County OWTS regulations and applicable State requirements. 2. Prohibited for new development; may be allowable for legal nonconforming lots. 3. Domestic water shall be supplied from an approved source. 4. Shall be approved by the State. 7-106. PUBLIC UTILITIES. A. Adequate Public Utilities. Adequate Public Utilities shall be available to serve the land use. Electric and phone currently exist to the property line. B. Approval of Utility Easement by Utility Company. Utility easements shall be subject to approval by the applicable utility companies and, where required, additional easements shall be provided for main switching stations and substations. The Applicant shall work with the utility companies to provide reasonably - sized easements in appropriate locations. The shared access drive will also serve as the utility corridor. As such the easement through Lot 2 will be to the benefit of Lot 3 and shall be an access and utility easement. The applicant shall contact the utility providers prior to recordation of the plat and easement. C. Utility Location. Unless otherwise provided in this Code, the following conditions shall apply to the location of utility services. 1. Underground Location. All utilities except major power transmission lines, transformers, switching and terminal boxes, meter cabinets, and other appurtenant facilities shall be located underground throughout the development unless it is demonstrated to the satisfaction of the BOCC that compliance is impractical or not feasible and will result in undue hardship. All utilities shall be placed underground. 2. Easement Location. As applied to Subdivisions and Exemptions, all utility lines, including appurtenances, shall be placed either within roads or public rights-of-way. The access easement shall also serve as the utility easement. 3. Dimensional Requirements. a. Easements centered on common Rear Lot Lines shall be at least 16 feet wide. b. Where an easement abuts a Rear Lot Line that is not the Rear Lot Line of another lot, or that is on the perimeter of the development, the easement width shall be a minimum of 10 feet. c. Where inclusion of utilities within the Rear Lot Line is impractical due to topographical or other conditions, perpetual unobstructed easements at least 10 feet in width shall be provided alongside Lots Lines with satisfactory access to the road or Rear Lot Line. d. Where easements are combined with a water course, drainage way, channel, or stream and the use would be in conflict with drainage requirements or Wetlands, an additional utility easement of at least 10 feet in width shall be provided. e. Multiple use of an easement is encouraged to minimize the number of easements. The applicant shall comply with any and all dimensional requirements for utility easements. These shall be reflected on the plat. D. Dedication of Easements. All utility easements shall be dedicated to the public. Drainage easement may be dedicated to either the public or to an HOA. Applicant shall comply. E. Construction and Installation of Utilities. Applicants shall make the necessary arrangements with each service utility for the construction and installation of required utilities. Utilities shall be installed in a manner that avoids unnecessary removal of trees or excessive excavations, and shall be reasonably free from physical obstructions. As stated above, the utilities will be placed within the access corridor minimizing environmental impact. F. Conflicting Encumbrances. Easements shall be free from conflicting legal encumbrances. 7-107. ACCESS AND ROADWAYS. All roads shall be designed to provide for adequate and safe access and shall be reviewed by the County Engineer. No road is being proposed for the access service to the two proposed Tots. Instead a shared driveway, contained within an access and utility easement will be constructed to meet any and all standards for driveway construction. A. Access to Public Right -of -Way. All lots and parcels shall have legal and physical access to a public right-of-way. The proposed shared driveway will provide access from each lot to County Road. B. Safe Access. Access to and from the use shall be safe and in conformance with applicable County, State, and Federal access regulations. Where the Land Use Change causes warrant(s) for improvements to State or Federal highways or County Roads, the developer shall be responsible for paying for those improvements. Not applicable as this will only be a driveway. However the proposed driveway has been designed to comply with any and all applicable standards for safety. C. Adequate Capacity. Access serving the proposed use shall have the capacity to efficiently and safely service the additional traffic generated by the use. The use shall not cause traffic congestion or unsafe traffic conditions, impacts to the County, State, and Federal roadway system shall be mitigated through roadway improvements or impact fees, or both. Not applicable as the proposed driveway will only provide access to two lots. D. Road Dedications. All rights-of-way shall be dedicated to the public and so designated on the Final Plat. They will not, however, be accepted as County roads unless the BOCC specifically designates and accepts them as such. No road dedication shall take place and the access will be contained within an easement not a public Right of Way. E. Impacts Mitigated. Impacts to County roads associated with hauling, truck traffic, and equipment use shall be mitigated through roadway improvements or impact fees, or both. The proposed shared driveway shall service residential use only. F. Design Standards. Roadways, surfaces, curbs and gutters, and sidewalks shall be provided as follows: The proposed driveway has been designed in compliance with the standards below for "Primitive/Driveway . Table 7-107: Roadway Standards Design Standards ic3 stY:41;• o - , CE,)ft 1 Oh I1 , ec /..i%9 -r! � -- ..l•, Rural Meeks • 101-200 Sarni' 1 ' • Primittire' , i' 1'! 1 a 21-100 I,1 Primitive/ I pHivewey ill 'y..4 0 — 20 ' ' Public Lend l'' Access . No Access to DU Design Capacity (ADT) 2501+ 401— 2500 201— 400 Minimum ROW Width (Feet) 80 60 50 50 40 15 to 301 30 Lane Width (Feet) 12 12 11 11 8 Single Lane 12 Single Lane 12 Shoulder Width (Feet) 8 6 Min. Paved 6 4 Min. Paved 6 4 Min. Paved 4 2 Min. Paved 2 0 0 Ditch Width (Feet) 10 10 6 6 4 32 0 Cross Slope 2% 2% 2% 2% Chip/Seal 3% Gravel 2% Chip/Seal 3% Gravel 2% n/a Shoulder Slope 3% 3% 5% 5% 5% n/a n/a Design Speed 35 mph 35 mph n/a n/a n/a n/a n/a iVlinimum Radius (Feet) 425 185 80 80 50 40 n/a Maximum % Grade 8% 8% 10% 12% 12% 12% 12% Surface Asphalt or Chip/Seal Chip/Seal Chip/Seal or Gravel Gravel Gravel Native Material n/a 1 As determined adequate in an engineering review. Primitive road shall be dedicated ROW, driveway can be dedicated as either an easement or ROW. 2 If determined necessary for adequate drainage. This section is not applicable. 1. Circulation and Alignment. The road system shall provide adequate and efficient internal circulation within the development and provide reasonable access to public highways serving the development. Roads shall be designed so that alignments will join in a logical manner and combine with adjacent road systems to form a continuous route from 1 area to another. 2. Intersections. No more than 2 streets shall intersect at 1 point, with a minimum of 200 feet between off -set intersections, unless otherwise approved by the County. 3, Street Names. Street names shall be consistent with the names of existing streets in the same alignment. There shall be no duplication of street names in the County. 4. Congestion and Safety. The road system shall be designed to minimize road congestion and unsafe conditions. 5. Continuation of Roads and Dead -End Roads. Roads shall be arranged to provide for the continuation of major roads between adjacent properties when appropriate and necessary for traffic movement, effective fire protection, or efficient provision of utilities. a. If the adjacent property is undeveloped and the road must be temporarily dead -ended, right-of-way shall be extended to the property line and the BOCC may require construction and maintenance of a turnaround for temporary use. The Final Plat shall include a Plat notation that land outside the normal road right- of-way shall revert to abutting property owners when the road is continued, after compliance with the County road vacation process. b. Dead-end streets may be permitted provided they are not more than 600 feet in length and provide for a cul-de-sac or a T-shaped turnaround based on the following design standards. The BOCC may approve longer cul-de-sacs for topographical reasons if adequate fire protection and emergency egress and access can be provided. (1) Cul-de-sacs shall have a radius of at least 45 feet measured from the center of the cul-de-sac, and (a) Nonresidential development shall have at least a 75 -foot right-of-way where tractor trailer trucks will enter the property; and (b) Residential development shall have a 50 -foot right-of-way; (2) T-shaped Turnaround. (a) Nonresidential development shall have a minimum turning radius of 75 feet where tractor trailer trucks will enter the property; and (b) Residential development shall have a minimum turning radius of 50 feet. c. Dead-end streets shall be discouraged, except in cases where the dead-end is meant to be temporary with the intent to extend or connect the right-of-way in the future. If a dead-end street is approved, room for plowed snow storage shall be included by providing a T-shaped turnaround with a minimum turning radius of 50 feet for residential development and 75 feet for commercial/industrial development where tractor trailer trucks will enter the property. A dead-end street is different from a cul-de-sac in that a dead-end street has no permanent turnaround at the end of the street. 6. Relationship to Topography. Streets shall be designed to be compatible with the topography, creeks, wooded areas, and other natural features. Combinations of steep grades and curves should be avoided. When, due to topography, hazards or other design constraints, additional road width is necessary to provide for the public safety by cut and/or fill area, drainage area, or other road appurtenances along roadways, then dedication or right -of way in excess of the minimum standards set forth in this Code shall be required. 7. Erosion and Drainage. The road system shall minimize erosion and provide for efficient and maintainable drainage structures. 8. Commercial and Industrial. The roads and access in commercial and industrial developments shall be designed to minimize conflict between vehicular and pedestrian traffic. 9. Emergency Access and Egress. Roads shall be designed so as to provide emergency access and egress for residents, occupants, and emergency equipment. Emergency access shall comply with provisions of the International Fire Code and requirements of applicable emergency services, such as fire protection, ambulance, and law enforcement. 10. Traffic Control and Street Lighting. Traffic control devices, street signs, street lighting, striping, and pedestrian crosswalks are to be provided as required by the County Road and Bridge Department or other referral agencies. 11. Drainage Structures. a. Roadway drainage structures such as bridges, culverts, cross pans, inlets, and curbs and gutters shall be provided as determined by design and in conformance with the County road standards. b. Culverts are required where driveways connect to roadways unless specifically exempted by the County Road and Bridge Department. It is the responsibility of the property owners to maintain their culverts free and clear of mud, silt, debris, and ice. Water that flows out of driveways must be diverted to ditches. Damage to a road caused by a blocked culvert, lack of culvert, or driveway Runoff is the responsibility of the property owner and costs of repairs by the County may be billed to the property owner as authorized by C.R.S. Title 43, Article 5. 12. Roadside Ditches. Water flowing in roadside ditches shall be diverted away from the road as quickly as possible. In no case shall water travel in a roadside ditch for a distance greater than 800 feet or have a flow greater than 5 cubic feet per second during a 25 -year, 24-hour storm event. 13. 7-108. USE OF LAND SUBJECT TO NATURAL HAZARDS. Land subject to identified Natural and Geologic Hazards, such as falling rock, landslides, snow slides, mud flows, radiation, flooding, or high water tables, shall not be developed unless it has been designed to eliminate or mitigate the potential effects of hazardous site conditions as designed by a qualified professional engineer and as approved by the County. The County Hazard Maps have been included herein. Of the hazards identified on this property, all fall within no, to moderate impact. More specifically, within the two proposed lots, the building envelopes have been designed to avoid these hazards. 7-109. FIRE PROTECTION. A. Adequate Fire Protection. Adequate fire protection will be provided for each land use change as required by the appropriate fire protection district. B. Subdivisions. All divisions of land must be reviewed and approved by the appropriate fire protection district for adequate primary and secondary access, fire lanes, water sources for fire protection, fire hydrants, and maintenance provisions. The proposed lots lie within a rural setting and as such no fire hydrants are available nor is a municipal water system. The access however is designed to meet fire protection standards with gradient and turning radius. An access way also exists adjacent to proposed Lot # 3 which would provide fire equipment a secondary access to the lot. Lot # 2 is adjacent to Cattle Creek Road. This combined with the driveway provides primary and secondary access. Water supply is limited since no municipal system is available. Cattle Creek and a active irrigation ditch are both within immediate vicinity to each proposed lot and would provide water in the case of fire. It should be noted that there was once a wildfire in the area and it was successfully battled with water from Cattle Creek. It should be noted that this property lies within the area mapped as LOW wildfire hazard. DIVISION 2. GENERAL RESOURCE PROTECTION STANDARDS. The following resource protection standards apply to all proposed Land Use Changes, including divisions of land unless elsewhere in this Code a use is explicitly exempt from 1 or more standards. 7-201. AGRICULTURAL LANDS. A. No Adverse Affect to Agricultural Operations. Land Use Changes on lands adjacent to or directly affecting agricultural operations shall not adversely affect or otherwise limit the viability of existing agricultural operations. Proposed division and development of the land shall minimize the impacts of development on Agricultural Lands and agricultural operations, and maintain the opportunity for agricultural production. The proposed lots are not on, nor are they adjacent to commercial agricultural operations. The parent parcel, Lot # 1 does have recreational horses within a fenced and irrigated area. This will continue with the development of Lots # 2 and 3. B. Domestic Animal Controls. Dogs and other domestic animals that are not being used to assist with the herding or the care of livestock shall not be permitted to interfere with livestock or the care of livestock on Agricultural Lands. The County shall require protective covenants or deed restrictions as necessary to control domestic animals. N/A C. Fences. The County is a Right to Farm County consistent with section 1-301. Fences shall be constructed to separate the development from adjoining Agricultural Lands or stock drives as required to protect Agricultural Lands by any new development and to separate new development from adjoining agricultural operations. All parts of the fencing including such items as gates, cattle guards, boards, posts, and wiring shall be maintained by the owner, HOA, or other responsible entity. As stated above, this parent parcel is not a commercial agricultural operation. However the fences which define the recreational horse pastures will remain in place. D. Roads. Roads shall be located a sufficient distance back from the property boundaries so that normal maintenance of roads, including snow removal, will not damage boundary fences. Dust control shall be required, both during and after construction, to minimize adverse impacts to livestock and crops. No livestock or crops will be effected by the development of these lots or the road (driveway) that serves them. E. Irrigation Ditches. 1. Maintenance. Where irrigation ditches cross or adjoin the land proposed to be developed, the developer shall insure that the use of those ditches, including maintenance, can continue uninterrupted. 2. Rights -of -Way. The land use change shall not interfere with the ditch rights-of-way. 3. Maintenance Easement. A maintenance easement of at least 25 feet from the edges of the ditch banks shall be preserved and indicated on any Final Plat for the division of land or for the final development plan for any other land use. When agreed to in writing by the ditch owner(s), that distance may be decreased. An irrigation ditch does bisect the property. All operations associated with the ditch will remain uninterrupted and the easements will not be effected. The building envelopes have been designed to have no impact. 7-202. WILDLIFE HABITAT AREAS. The Applicant shall consult with the Colorado Parks and Wildlife or a qualified wildlife biologist in determining how best to avoid or mitigate impacts to wildlife habitat areas. Methods may include, but are not limited to, 1 or more of the following: A. Buffers. Visual and sound buffers shall be created through effective use of topography, vegetation, and similar measures to screen structures and activity areas from habitat areas. B. Locational Controls of Land Disturbance. Land disturbance shall be located so that wildlife is not forced to use new migration corridors, and is not exposed to significantly increased predation, interaction with vehicles, intense human activity, or more severe topography or climate. C. Preservation of Native Vegetation. 1. Proposed Land Use Changes are designed to preserve large areas of vegetation utilized by wildlife for food and cover, based upon recommendations by the Colorado Parks and Wildlife. 2. When native vegetation must be removed within habitat areas, it shall be replaced with native and/or desirable nonnative vegetation capable of supporting post -disturbance land use. 3. Vegetation removed to control noxious weeds is not required to be replaced unless the site requires revegetation to prevent other noxious weeds from becoming established. D. Habitat Compensation. Where disturbance of critical wildlife habitat cannot be avoided, the developer may be required to acquire and permanently protect existing habitat to compensate for habitat that is lost to development. E. Domestic Animal Controls. The County may require protective covenants or deed restrictions as necessary to control domestic animals by fencing or kenneling. The subject property has not been identified as any type of critical impact area for wildlife. It is not located within winter habitat, calving areas or a migration corridor. The design of the building envelopes do however preserve nearly all the native vegetation on the proposed Tots. 7-203. PROTECTION OF WATERBODIES. A. Minimum Setback. 1. A setback of 35 feet measured horizontally from the Typical and Ordinary High Water Mark (TOHWM) on each side of a Waterbody is required. 2. In the case of entrenched or incised streams, where the vertical distance from the bank exceeds 25 feet, all activities, except for those referenced in section 7-203.A.3, will adhere to a setback of 2.5 times the distance between the TOHWMs or 35 feet, whichever is Tess. 3. A minimum setback of 100 feet measured horizontally from the TOHWM shall be required for any storage of hazardous materials and sand and salt for use on roads. Setback '-35' O'—s High Water Area Setback —"v*11 /%/l1P„_ B. Structures Permitted In Setback. Irrigation and water diversion facilities, flood control structures, culverts, bridges, pipelines, and other reasonable and necessary structures requiring some disturbance within the 35 foot setback may be permitted. C. Structures and Activity Prohibited in Setback. Unless otherwise permitted or approved, the following activities and development shall be prohibited in the 35 foot setback: 1. Removal of any existing native vegetation or conducting any activity which will cause any loss of riparian area unless it involves the approved removal of noxious weeds, nonnative species, or dead or diseased trees. 2. Disturbance of existing natural surface drainage characteristics, sedimentation patterns, flow patterns, or flood retention characteristics by any means, including without limitation grading and alteration of existing topography. Measures taken to restore existing topography to improve drainage, flow patterns, and flood control must be approved. D. Compliance with State and Federal Laws. Any development impacting a Waterbody shall comply with all applicable state and federal laws, including, but not limited to, CDPHE water quality control division regulations and the Army Corp of Engineers regulations and permitting for waters of the U.S. As stated, Cattle Creek does bisect the property. The building envelopes have been designed to stay out of impact areas of the creek. The access driveway has been carefully designed to avoid riparian vegetation. 7-204 DRAINAGE AND EROSION. A. Erosion and Sedimentation. Excluding Grading activities for agricultural purposes, development disturbing 1 acre or more is subject to the CDPHE National Pollutant Discharge Elimination System Permit, unless otherwise exempted by CDPHE. The development of each proposed lot will be for one single family home on each to be located within a restricted building envelope. As such, development activity will be on less than 1 acre. B. Drainage 1. Site Design to Facilitate Positive Drainage. Lots shall be laid out to provide positive drainage away from all buildings. 2. Coordination Wth Area Storm Drainage Pattern. Individual lot drainage shall be coordinated with the general storm drainage pattern for the area. a. Drainage ditches shall have a minimum Slope of no Tess than 0.75%. Energy dissipaters or retention ponds shall be installed in drainage ditches where flows are in excess of 5 feet per second. Ditches adjacent to roads shall have a maximum Slope of 3:1 on the inside and outside edges, except where there is a cut Slope on the outside edge, in which case the edge of the ditch shall be matched to the cut Slope. b. Subdrains shall be required for all foundations where possible and shall divert away from building foundations and daylight to proper drainage channels. c. Avoid Drainage to Adjacent Lots. Drainage shall be designed to avoid concentration of drainage from any lot to an adjacent lot. C. Stormwater Run -Off. These standards shall apply to any new development within 100 feet of a Waterbody and to any other development with 10,000 square feet or more of impervious surface area. 1. Avoid Direct Discharge to Streams or Other Waterbodies. Stormwater Runoff from project areas likely to contain pollutants shall be managed in a manner that provides for at least 1 of the following and is sufficient to prevent water quality degradation, disturbance to adjoining property, and degradation of public roads. a. Runoff to Vegetated Areas. Direct run-off to stable, vegetated areas capable of maintaining Sheetflow for infiltration. Vegetated receiving areas should be resistant to erosion from a design storm of 0.5 inches in 24 hours. b. On -Site Treatment. On-site treatment of stormwater prior to discharge to any natural Waterbody by use of best management practices designed to detain or infiltrate the Runoff and approved as part of the stormwater quality control plan prior to discharge to any natural Waterbody. c. Discharge to Stormwater Conveyance Structure. Discharge to a stormwater conveyance structure designed to accommodate the projected additional flows from the proposed project, with treatment by a regional or other stormwater treatment facility. 2. Minimize Directly -Connected Impervious Areas. The site design shall minimize the extent of directly -connected impervious areas by including the following requirements: a. Drainage Through Vegetated Pervious Buffer Strips. Runoff from developed impervious surfaces (rooftops, Parking Lots, sidewalks, etc.) shall drain over stable, vegetated pervious areas before reaching stormwater conveyance systems or discharging to Waterbodies. b. Techniques Used in Conjunction with Buffer Strip. The requirement that all impervious areas drain to vegetated pervious buffer strips may be reduced if the outflow from the vegetated pervious buffer strip is directed to other stormwater treatment methods. Examples of other potential techniques to be used in conjunction with vegetated pervious buffer strip are: infiltration devices, grass depressions, constructed Wetlands, sand filters, dry ponds, etc. c. Grass Buffer Strip Slope Design. When impervious surfaces drain onto grass buffer strips, a Slope of less than 10% is encouraged, unless an alternative design is approved by the County. 3. Detain and Treat Runoff. Permanent stormwater detention facilities are required to be designed to detain flows to historic peak discharge rates and to provide water quality benefits and maintained to ensure function. Design criteria for detention facilities include: a. Detention facilities shall ensure the post -development peak discharge rate does not exceed the pre -development peak discharge rate for the 2 -year and 25 -year return frequency, 24-hour duration storm. In determining Runoff rates, the entire area contributing Runoff shall be considered, including any existing off- site contribution. b. To minimize the threat of major property damage or Toss of life, all permanent stormwater detention facilities must demonstrate that there is a safe passage of the 100 -year storm event without causing property damage. c. Channels downstream from the stormwater detention pond discharge shall be protected from increased channel scour, bank instability, and erosion and sedimentation from the 25 -year return frequency, 24-hour design storm. d. Removal of pollutants shall be accomplished by sizing dry detention basins to incorporate a 40 -hour emptying time for a design precipitation event of 0.5 inches in 24 hours, with no more than 50% of the water being released in 12 hours. If retention ponds are used, a 24-hour emptying time is required. For drainage from Parking Lots, vehicle maintenance facilities, or other areas with extensive vehicular use, a sand and oil grease trap or similar measures also may be required. To promote pollutant removal, detention basins length -to -width ratio should be not less than 2, with a ratio of 4 recommended where site constraints allow. A sedimentation "forebay" is recommended to promote long-term functioning of the structure. Access to both the forebay and pond by maintenance equipment is required. e. Culverts, drainage pipes, and bridges shall be designed and constructed in compliance with AASHTO recommendations for a water live load. Houses for neither lot have been designed at this time. It is anticipated that an engineered drainage and storm water runoff report will be prepared and submitted at this time of building permit submittal. 7-205. ENVIRONMENTAL QUALITY. A. Air Quality. Any Land Use Change shall not cause air quality to be reduced below acceptable levels established by the Colorado Air Pollution Control Division. B. Water Quality. At a minimum, all hazardous materials shall be stored and used in compliance with applicable State and Federal hazardous materials regulations. The addition of two single family residences in the residential area will have no adverse impact on air or water quality. 7-206. WILDFIRE HAZARDS. The following standards apply to areas subject to wildfire hazards as identified on the County Wildfire Susceptibility Index Map as indicated in the County's Community Wildfire Protection Plan. A. Location Restrictions. Development associated with the land use change shall not be located in any area designated as a severe wildfire Hazard Area with Slopes greater than 30% or within a fire chimney as identified by the Colorado State Forest Service. B. Development Does Not Increase Potential Hazard. The proposed Land Use Change shall be developed in a manner that does not increase the potential intensity or duration of a wildfire, or adversely affect wildfire behavior or fuel composition. C. Roof Materials and Design. Roof materials shall be made of noncombustible materials or other materials as recommended by the local fire agency. The proposed lots are located with wildfire areas designated as LOW risk. 7-207: NATURAL AND GEOLOGIC HAZARDS. A. Utilities. Above -ground utility facilities located in Hazard Areas shall be protected by barriers or diversion techniques approved by a qualified professional engineer. The determination to locate utility facilities above ground shall be based upon the recommendation and requirements of the utility service provider and approved by the County. No above ground utilities are proposed. B. Development in Avalanche Hazard Areas. Development may be permitted to occur in Avalanche Hazard Areas if the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or qualified professional geologist, and the plan approved by the County. 1. Building construction shall be certified to withstand avalanche impact and static loads and otherwise protected by external avalanche -defense structures that have been similarly certified. 2. Driveways and Subdivision roads shall avoid areas where avalanches have return periods of fewer than 10 years. 3. Clear -cutting or other large-scale removal of vegetation is prohibited in avalanche path starting zones, or in other locations that can increase the potential avalanche hazard on the property. 4. Extractive operations in Avalanche Hazard Areas are prohibited when snow is on the ground unless a program of avalanche control and defense measures has been approved by the County to protect the operation. No development is proposed within a designated avalanche area. C. Development in Landslide Hazard Areas. Development may be permitted to occur in Landslide Hazard Areas only if the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or qualified professional geologist, and as approved by the County. 1. Development shall comply with recommended construction practices to artificially stabilize, support, buttress, or retain the potential slide area and to control surface and subsurface drainage that affects the slide area. 2. The following development activities shall be prohibited in Landslide Hazard Areas: a. Activities that add water or weight to the top of the Slope, or along the length of the Slope, or otherwise decrease the stability of the Hazard Area. Measures and structural improvements to permanently control surface and subsurface drainage from the development shall be required. b. Activities that remove vegetation or other natural support material that contributes to its stability. c. Activities that increase the steepness of a potentially unstable Slope. d. Activities that remove the toe of the landslide, unless adequate mechanical support is provided. No development is proposed within a designated Landslide Hazard Areas. D. Development in Rockfall Hazard Areas. Development shall be permitted to occur in rockfall Hazard Areas only if the Applicant demonstrates that the development cannot avoid such areas and the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or a qualified professional geologist, and as approved by the County. 1. Development shall comply with recommended construction practices to minimize the degree of hazard. Construction practices may include: a. Stabilizing rocks by bolting, gunite application (cementing), removal of unstable rocks (scaling), cribbing, or installation of retaining walls. b. Slowing or diverting moving rocks with rock fences, screening, channeling, damming, or constructing concrete barriers or covered galleries. c. Installation of structural barriers around vulnerable structures to prevent rock impact. 2. The following development activities shall be prohibited in rockfall Hazard Areas: a. Activities that add water or weight to, or otherwise decrease the stability of, cliffs or overhanging strata. b. Activities that will reduce stability, including activities that remove vegetation or other natural support material, or that require excavation, or cause erosion that will remove underlying support to a rockfall Hazard Area. No development is proposed within a designated rockfall hazard area. E. Development in Alluvial Fan Hazard Area. Development shall only be permitted to occur in an alluvial fan if the Applicant demonstrates that the development cannot avoid such areas, and the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or qualified professional geologist, and as approved by the County: 1. Development shall be protected using structures or other measures on the uphill side that channel, dam, or divert the potential mud or debris flow. 2. Disturbance shall be prohibited in the drainage basin above an alluvial fan, unless an evaluation of the effect on Runoff and stability of the fan and on the ground water recharge area shows that disturbance is not substantial or can be successfully mitigated. No development is proposed within a designated alluvial fan hazard area. F. Slope Development. Development on Slopes 20% or greater shall only be permitted to occur if the Applicant demonstrates that the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or qualified professional geologist, and as approved by the County: 1. Building lots with 20% pr greater Slope shall require a special engineering study to establish the feasibility of development proposed for the site. The study shall address feasibility of construction required for the use and describe the mitigation measures to be used to overcome excessive Slope problems. 2. Development shall be permitted to occur on Slopes greater than 30% only if the Applicant demonstrates that the development cannot avoid such areas and the development complies with the following minimum requirements: a. Cutting, filling, and other Grading activities shall be confined to the minimum area necessary for construction. b. Development shall be located and designed to follow natural grade, rather than adjusting the site to fit the structure. Roads and driveways built to serve the development shall follow the contours of the natural terrain and, if feasible, shall be located behind existing landforms. 3. Development on Unstable or Potentially Unstable Slopes. If a site is identified as having moderate or extremely unstable Slopes, then development shall be permitted only if the Applicant demonstrates that the development cannot avoid such areas and the development complies with certified geotechnical design and construction stabilization and maintenance measures. a. Cutting into the Slope is prohibited without provision of adequate mechanical support. b. Adding water or weight to the top of the Slope, or along the length of the Slope, is prohibited. c. Vegetation shall not be removed from the Slope unless the integrity of the Slope can be adequately maintained. 4. Development on Talus Slopes. Development shall be permitted to occur on a Talus Slope only if the Applicant demonstrates that the development cannot avoid such areas, and the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or a qualified professional geologist, and as approved by the County: a. The development shall be designed to withstand down Slope movement. b. The design shall include buried foundations and utilities below the active Talus Slope surface. c. Site disturbance shall be minimized to avoid inducing slope instability. d. The toe of a Talus Slope shall not be removed unless adequate mechanical support is provided. Lot 2 has gentle slopes and does not approach 2O%. Lot 3 however does get close to 20%. Development in this area and on this slope is consistent with the existing houses on either side of the proposed Lot 3. Foundation design for Lot 3 will be appropriate for the slope of the site which provides for approximately one story of grade change within the footprint of a house. G. Development on Corrosive or Expansive Soils and Rock. Development in areas with corrosive or expansive soils and rock shall be designed based upon an evaluation of the development's effect on Slope stability and shrink -swell characteristics. Development shall be permitted only if the Applicant demonstrates that the development cannot avoid such areas and the development complies with design, construction stabilization, and maintenance measures certified by a qualified professional engineer, or qualified professional geologist, and is approved by the County. 1. Surface drainage shall be directed away from foundations. 2. Runoff from impervious surfaces shall be directed into natural drainages or otherwise on-site in a manner that does not create or increase adverse impacts to the development site or to adjacent or other property. No development of proposed within a designated Corrosive or Expansive Soils or Rock hazard area. H. Development in Mudflow Areas. Development shall be permitted in a mudflow area only if the Applicant demonstrates that the development cannot avoid such areas, and the development adequately employs, construction stabilization, and mitigation and maintenance measures as designed by a qualified professional engineer, or qualified professional geologist, and as approved by the County. No development is proposed within a designated mudflow hazard area. I. Development Over Faults. Development shall be permitted over faults only if the Applicant demonstrates that such areas cannot be avoided and the development complies with mitigation measures based on geotechnical analysis and recommendations, as certified by a qualified professional engineer, or qualified professional geologist, and approved by the County. No development is proposed within a designated fault area. The proposed lots have been located in areas with no, or low, hazard designation. It should be noted that the two proposed lots have been located in an existing residential area. 7-208. RECLAMATION. A. Applicability. These standards shall apply to any development that requires a Land Use Change Permit, including divisions of land, as well as to the following activities: 1. Installation of ISDS. Installation of a new or replacement ISDS. 2. Driveway Construction. Any driveway construction that requires a Garfield County Access Permit or a CDOT Access Permit. 3. Preparation Area. Allareas disturbed during development that do not comprise the longer-term functional areas of the site but are those areas used for the short-term preparation of the site. B. Reclamation of Disturbed Areas. Areas disturbed during development shall be restored as natural -appearing landforms that blend in with adjacent undisturbed topography. When the final landform is achieved, the surface shall be stabilized by vegetation or other means to reduce further soil erosion from wind or water, provide forage and cover, prevent fugitive dust as required by State Statute, and reduce visual impacts. Contouring and Revegetation. Abrupt angular transitions and linear placement on visible Slopes shall be avoided. Areas disturbed by Grading shall be contoured so they can be revegetated, and shall be planted and have vegetation established. A uniform vegetative cover shall be established with an individual plant density of at least 70% of pre - disturbance levels within 4 growing seasons. Revegetation cover shall consist of a diversity of native and/or beneficial nonnative vegetation species capable of supporting the post -disturbance land use. State or County listed noxious weeds, as well as alien annual invasive species, do not count as part of the 70% cover, To the maximum extent feasible, disturbed areas shall be revegetated to a desired plant community with composition of weed -free species and plant cover typical to that site. 2. Weed Management. A management plan with appropriate strategies shall be employed for all Garfield County listed noxious weeds, State of Colorado listed noxious weeds that are targeted for statewide eradication and any other invasive species. 3. Application of Top Soil. Top soil shall be stockpiled and placed on disturbed areas and managed for later use in reclamation. Provisions for salvaging on-site topsoil, a timetable for eliminating topsoil and/or aggregate piles and a plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more shall be reviewed and accepted by the Garfield County Vegetation Manager. 4. Retaining Walls. Retaining walls made of wood, stone, vegetation, or other materials that blend with the natural landscape shall be used to reduce the steepness of cut Slopes and to provide planting pockets conducive to revegetation. 5. Slash Around Homes. To avoid insects, diseases, and wildfire hazards, all vegetative residue, branches, limbs, stumps, roots, or other such flammable lot -clearing debris shall be removed from all areas of the lot in which such materials are generated or deposited, prior to final building inspection approval. 6. Removal of Debris. Within 6 months of substantial completion of soil disturbance, all brush, stumps, and other debris shall be removed from the site. 7 Time Line Plan. Every area disturbed shall have a time line approved for the reclamation of the site. It is the intent of the Applicant to minimize the impact of development through environmentally sensitive design and construction techniques. Those areas where disturbance has occurred such as grading for the driveway and houses, will be re vegetated to their natural state within the first growing season upon completion of construction. Division 3 is NOT APPLICABLE DIVISION 4. SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS. The following standards apply to all divisions of land unless elsewhere in this Code a division of land is explicitly exempt from 1 or more standards. 7-401. GENERAL SUBDIVISION STANDARDS. A. Maintenance of Common Facilities. Maintenance of common facilities must be accomplished either through covenants of a homeowners association, a separate maintenance agreement, or some other perpetual agreement. The only common facility will be the driveway serving Lots 2 and 3. Maintenance will be accomplished through a Maintenance Agreement. B. Domestic Animal Control. In each residential unit within the Subdivision, domestic animals shall be confined within the owner's property boundaries and kept under control when not on the property. This requirement for domestic animal control shall be included in the protective covenants for the Subdivision, with enforcement provisions acceptable to the County. The Applicant shall comply. C. Fireplaces. Any new solid -fuel burning stove, as defined by C.R.S. § 25-7-401, et seq., shall be limited to 1 per lot within a Subdivision. Open hearth, solid -fuel fireplaces shall be prohibited. All dwelling units shall be allowed natural gas burning stoves and appliances. The Applicant shall comply. D. Development in the Floodplain. 1. All Subdivision proposals shall be reasonably safe from flooding. If a subdivision or other development proposal is in a flood -prone area, the proposal shall minimize flood damage. 2. BFE data shall be generated by the Applicant for Subdivision proposals and other proposed development which are greater than 50 lots or 5 acres, whichever is less. 3. All Subdivision proposals, including the placement of Manufactured Home Parks, shall have adequate drainage provided to reduce exposure to flood hazards. 4. All Subdivision proposals, including the placement of Manufactured Home Parks and Subdivisions, shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage. There is a designated Flood Plain associated with Castle Creek. The building envelopes have been designed to stay out of the flood plain. 7-402. SUBDIVISION LOTS. All lots in any Subdivision shall conform to the following specifications: The two proposed Tots meet the minimum lot size. Additionally, building envelopes that are more restrictive than the zoning mandated setbacks have been proposed. A. Lots Conform to Code. Lot area, width, frontage, depth, shape, location, and orientation shall conform to the applicable zone district requirements and other appropriate provisions of this Code. 1. The Lot Size may be increased for lots developed in areas posing a potential hazard to health or safety due to soil conditions or geology. 2. Lot characteristics shall be appropriate for the location of the development and the type of use allowed. a. Depth and width of lots shall be adequate to provide for the required off-street parking and loading facilities required by the type of use and development contemplated. b. The width of residential corner lots shall be sufficient to accommodate the required building setback from both roads. B. Side Lot Line Alignment. Side Lot Lines shall be substantially at right angles or radial to road right-of-way lines. C. Lots Configuration, Cul -de -Sacs. Wedge-shaped lots or lots fronting on cul-de-sacs shall be a minimum of 25 feet in width at the front property line. D. Lot Division by Boundaries, Roads, or Easements Prohibited. No lots shall be divided by municipal boundaries, County roads or public rights-of-way. 7-403. SURVEY MONUMENTS. Permanent Survey Monuments shall be set within all Subdivisions pursuant to C.R.S. §§ 38-51- 104 and 38-51-105. Prior to selling or advertising the sale of lots, No. 5 steel rebar, 18 inches or longer in length, shall be set at all lot corners. The registration number of the responsible land surveyor shall be fixed securely to the top of all monuments, markers, and benchmarks. The Applicant will comply. A. Monuments Located Within Streets. Monuments located within streets shall be No. 5 rebar steel, 36 inches or longer in length, placed so that their tops are 6 inches below the final street surface. When a street is paved or otherwise surfaced, all such monuments within the paved or surfaced area shall be fitted with monument boxes of sturdy construction. Monuments set after paving or surfacing shall also be provided with sturdy monument boxes. B. Setting by Standard Construction Techniques. All monuments, markers, and benchmarks shall be set or witnessed according to standard construction techniques and in a fashion that is satisfactory to the BOCC. 7-404. SCHOOL LAND DEDICATION. A. General. The BOCC shall require reservation, dedication, or payment in lieu for school land. The BOCC may require payment of a sum of money not exceeding the fair market value of such sites and land areas, or a combination of land dedication and payment in lieu of dedication. B. Amount of School Land Dedicated. The proportion of land to be reserved or dedicated for school land shall be based upon the size, location, and characteristics of the proposed Subdivision, the current and likely future uses of the surrounding area, and the impact of the Subdivision on public services and facilities. The amount of land dedicated for public purposes shall be roughly proportionate to the impacts of the Subdivision. 1. Property Within RE -1 School District. For all property located in the RE -1 School District, the subdivision of land for residential use shall include reservation and dedication of sites and land areas for schools determined in accordance with the following calculations: 2. Land Dedication Standard. a. Application of the formula for land dedication standard described below results in the following land dedication standards: (1) Single Family: 870 square feet per unit, or .020 acres. (2) Multi -Family: 675 square feet per unit, or .015 acres. (3) Manufactured Home: 1,261 square feet per unit, or .029 acres. b. if dedication of all or portions of the required school lands is not deemed feasible or in the public interest, the school district may recommend to the BOCC 1 of the following options: (1) Guarantee of future land dedication. The Applicant shall submit a letter guaranteeing future dedication of land for school sites and proposing a method of guarantee acceptable to the BOCC or the receiving agency. (2) The Applicant provide cash -in -lieu of lands in accordance with the provisions of section 7-404.C. 3. Final Plat Requirements. a. All dedicated lands shall be designated on the Final Plat and deeded to Garfield County or the appropriate agency at the time of recordation of the Final Plat. b. Title insurance, provided by a title insurance company authorized to do business in the State of Colorado and acceptable to the BOCC, shall be required at the time of recordation of the Final Plat. c. A certificate of representations and warranties concerning title and usability of the property, in a form acceptable to the BOCC, shall be required at the time of recordation of the Final Plat. 4. Formula for Land Dedication Standard. Land Area Provided Per Student x Students Generated Per Dwelling Unit = Land Dedication Standard. a. Land Area Provided Per Student. The district has determined that 1,776 square feet of land per student shall be provided for future school sites, based on Table 7-404. b. Students Generated Per Dwelling Unit. The number of students generated per type of dwelling unit shall be based on the following: (1) Single Family 0.49 (2) Multi -Family 0.38 (3) Manufactured Home 0.71 Table 7-404: Land Area Provided Per Student School Type Elementary School 550 students 15.5 acres Middle School 600 students 26.0 acres High School 800 students 38.0 acres Total 1950 students 79.5 acres Average Summary Acres Per student 0.04077 acres Square Feet Per Student 1,776 square feet 1. Based on the Guide for Planning Educational Facilities, Council of Education Facility Planners International, 1991. C. Payment -In -Lieu of Dedication of School Land. Based upon recommendation from the potential receiving body, the BOCC may accept a cash payment from the Applicant in lieu of dedicated land ("Payment"), in whole or part. 1. Property Not Within RE -1 School District. For all property not located in the RE -1 School District, the Applicant will pay $200 per dwelling unit to the appropriate school district, unless previous agreements have been made between the Applicant and the school district to pay for school impacts. 2. Property Within RE -1 School District. Payment shall be based on the unimproved fair market value of the land. a. Not to Exceed Market Value. Payment shall not exceed the current market value of the land that would have been dedicated to the County or other public entity. If a combination of land dedication and payment is applied, the combination of both land dedication and payment shall not exceed the fair market value of the total required dedication of sites and land areas b. Minimum Payment. Minimum payment shall be $500.00 for any required dedication. c. Payment for Schools. Based upon the RE -1 School District's recommendation, the BOCC can require a cash payment -in -lieu of dedicating land, or a cash payment in combination with a land dedication, to comply with the requirements for public sites and Open Space set forth in this Code. 3. Formula for Payment. Unimproved Per Acre Market Value of Land x Land Dedication Standard x Number of Units = Payment a. Unimproved Market Value of Land. Unimproved market value of the land shall be determined by an appraisal performed within the last 6 months for the Applicant, by an individual qualified in the State of Colorado to establish the unimproved market value of the property just prior to the approval of a Final Plat. Any dispute of the market value would be based upon a separate appraisal by an individual qualified in the State of Colorado to establish the value, which shall be paid for by the school district. In the event the school district declines to conduct a separate appraisal, the Applicant's appraisal will be used. b. Land Dedication Standard. The land dedication standard set forth in section 7-404.B. c, Number of Units. The number of dwelling units proposed. 4. Payments Held in Escrow. Payments received by the BOCC shall be held in an escrow account by the County for the purposes allowed by C.R.S. § 30-28-133. 5. Release of Land or Payment. After Final Plat approval and receipt of dedications, the BOCC shall give written notification to the appropriate receiving body. a. Following notice by the BOCC, the receiving body may request the dedication, and the BOCC shall transfer the lands to the appropriate receiving body. b. Funds may be released to the appropriate receiving body if the BOCC finds that the proposed use of funds is compatible with the intent of the payment or sale of the land. c. The County shall retain a reasonable management fee for the holding and maintenance of escrow accounts for payments, provided that the management fee does not exceed the amount of interest generated by the account. The Applicant will comply with all applicable fees. 7-405. TRAFFIC IMPACT FEES. A. General Requirements. 1. Off-site road impacts shall be evaluated for Subdivisions through completion of a Traffic Study identifying the volume of traffic generated from the development, based on Trip Generation rate calculations utilizing the most current Institute of Traffic Engineers, Trip Generation Manual, to establish an Average Daily Traffic (ADT). The road impact fee shall be determined by using the capital improvements plan and the associated road impact fee requirements. 2. 50% of the road impact fees shall be collected at the Final Plat for a Subdivision, if the affected County road project is scheduled to start within 5 years in a capital improvements plan adopted by the BOCC. All other road impact fees will be collected at the issuance of a Building Permit. 3. Any road impact fees collected will be put into a separate interest-bearing account in the County Treasurer's Office for each road that impact fees are collected. All fees collected and interest accrued must be spent on capital improvements to the specific road for which the fees were collected within 20 years of the date that the fee is established. All capital expenditures must be consistent with the capital improvements plan used as a basis for establishing the fee. If, after 20 years, the fees collected have not been spent in accordance with the capital improvements plan used to establish the fee, all fees will be returned to the land owner of the property assessed an impact fee, with interest accrued. 4. To the extent the County has expended funds consistent with a capital improvements plan for a particular road and a property owner has not paid a road impact fee as required for a Building Permit that establishes additional ADT, the impact fee shall be collected at the time a Building Permit is issued to recoup the expenditure. Any fees collected after the completion of an identified road project will be credited to the appropriate project and will be used to reimburse the County for the funds advanced to complete the project. 5. The County may use road impact fees for a specific road improvement identified as a critical facility with a high priority for health and safety reasons in a capital improvements plan adopted by the BOCC, in advance of the completion of the entire road improvement project. Any such use of funds must be consistent with the basis for the impact fee. If, after the use of road impact fees for a critical facility road improvement, the County fails to complete the entire project identified in the capital improvements plan within the 20 -year period of collection, the proportionate share, with interest, will be returned to the owner of the property subject to the impact fee based on the actual amount of the expenditures made on a particular road system. 6. As a part of the capital improvements plan, the BOCC may determine that certain portions of the road improvements to a road are critical to complete before there are any additional traffic generating uses added to the road. If a development is proposed before the County has scheduled to make the necessary improvements identified in the capital improvements plan, the developer may be allowed to pay the total cost of the needed improvements prior to the County's schedule. The County will reimburse the portion of the cost that exceeds the amount that would be applicable for road impact fees, plus interest, by the time the project had originally been scheduled to be completed. If the BOCC has not established a base road cost per ADT for the area in question, the Applicant will not be obligated to provide an analysis of the off-site road impacts. The Applicant will comply with all applicable fees. 4. REVIEW PROCESS The process to accommodate these requests shall require an application for a Land use Change Permit - Administrative Review process pursuant to the LUDC. A. Pre -application Conference; Complete B. Submittal of application materials (3 copies and 1 CD); Complete C. Review for Technical Completeness (10 days). If not technically complete (NTC) then applicant has 60 days to resolve the issues; D. Determination of technical completeness; E. Schedule Director Decision Date; F. Complete notice requirements; G. Submit additional copies for referral review; H. Evaluation by Director/Staff Review/Referral Agency Review; 1. Director Decision issued; J. Notice provided to Board of County Commissioners for consideration of call-up (10 days); K. If no call-up is requested - the plat and conditions can be finalized and signatures obtained; L. Obtain BOCC signature and record the plat (recording fees will apply). 5. SUBMITTAL REQUIREMENTS . 4-203.B General Application Materials o Application form and fee; Complete o Agreement to pay form; Complete o Deed; See Exhibit D o Letter of Authorization, if necessary; See Exhibit E o Names and mailing addresses of mineral owners of subject site; See Deed, Exhibit D o Names and mailing addresses of owners of property within 200 feet of subject site. See Exhibit H o Assessor map indicating the above properties; o Project Description. See Section 1 . 4-203.0 Vicinity Map. See Plat Map . 4-203.D Site Plan - may be contained on multiple pages. See Site Development Plan . 4-203.K Improvements Agreement, if applicable. Not Applicable . 4-203.M Water Supply and Distribution Plan. Service is by individual well. See Exhibit F for proof of water supply. Note: include copy of well permit, installation report, pump test and water quality analysis. A permit should be submitted from the Division of Water Resources that indicates the legal ability to serve the proposed lots, as well as any additional augmentation that may be required. . 4-203.N Wastewater Management and System Plan. Each lot will be serviced by an onsite wastewater treatment system. See Engineering letter, Exhibit 5 Note: Include a copy of existing septic permit, any maintenance records, sharing agreement, if applicable; . 5-402.F. Final Plat. See attached Final Plat Map Note: Plat should be prepared by a licensed surveyor and should include all easements or other encumbrances on the property. A title commitment is a good way to ensure this information is complete and correct, Any new easement as a result of the subdivision should be shown on the plat. . Codes, Covenants and Restrictions Note: This may include the a well sharing agreement, driveway sharing, etc. as applicable . Engineering Reports - details in 5-402: o Roads, Trails, Walkways and Bikeways (if any); o Sewage Collection and Water Supply and Distribution System; o Groundwater Drainage ; o Preliminary cost estimates for improvements. 6. APPLICATION REVIEW Public Hearing notices shall be posted, mailed and published pursuant to Section 4-101.E. _X_ None - Director Decision unless Called -up to BOCC hearing Planning Commission Board of County Commissioners Board of Adjustment 7. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ 400.00 Deposit made out to County Treasurer (Additional Staff time at hourly rate of $40.50) Referral Agency Fees: $ 600.00 Made out to Colorado Geologic Survey County Surveyor: $ TBD County Engineer: $ TBD Recordation: $ TBD Total Deposit: $1,000 - two checks required Attached herein. EXHIELT H Application Form ry 31 r I 1�� Agreement to Pay Form EX.1:1[-,73V2 Pre Application Summary Garfield County Community Development Department 108 8t" Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-countv.com PRE-APPL1CATION CONFERENCE SUMMARY 1 TAX PARCEL NUMBER: 2393-171-00-092 OWNER: Cynthia A. Kinney REPRESENTATIVE: Tom Stevens 319-0699 tstevens@stevensgroupinc.com / tstevens@aspenearthmoving.com PRACTICAL LOCATION: 1000 CR 113 — bottom of Cattle Creek TYPE OF APPLICATION: Administrative — Minor Subdivision DATE: 12/19/14 I. GENERAL PROJECT DESCRIPTION Owner of a 29.5 acre parcel located at the bottom of Cattle Creek seeks to subdivide the property into three individual lots. The site currently has a single family home served by well and septic system. Applicant proposes to create two new 2+ acre lots and provide building envelopes to minimize impact to natural resources. One lot will include the current site improvements including a single family home and accessory structures. Cattle Creek bisects the property at the northern end of the site. Floodplain issues, setback from the highwater mark of the stream, as well as high water table (related to provision of wastewater) may be an issue dependent upon the location of the proposed dwellings. It appears that a ditch runs through the property, this must be located on the site plan and plat with required maintenance easements. Access across the creek will need to comply with county standards required in Section 7-107 of the Land Use and Development Code, as amended (LUDC). The zoning of the site is Rural which requires a minimum lot size of two acres. The Comprehensive Plan Future Land Use Map designates the site as appropriate for a density of 10+ acres per dwelling unit. The proposed subdivision will comply with these requirements. Demonstration of an adequate legal and physical water supply is required. A legal water supply is sufficient well permits to serve each of the parcel and the physical water supply related to pump testing of the well and water quality testing to demonstrate compliance with minimum standards regarding safe drinking water. In order to determine an application as technically complete, the applicant will have to submit a 4 -hour pump test and water quality analysis for the existing well. The new wells must be drilled, pumped and quality tested within 90 days of the application approval (prior to the plat being finalized and recorded). Demonstration of an adequate wastewater plan is required. This may include existing permits, maintenance records, soils information to 'demonstrate the ability to construct OWTS on the proposed lots. Legal and physical access to each of the proposed Tots must be demonstrated. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS • Garfield County Comprehensive Plan 2030 • Garfield County Land Use and Development Code, as amended • Table 4-101, Common Review Procedures and Required Notice; • Table 5-103 — Procedures and Notice • Section 5-301- Minor Subdivision • Sections 5-401 and 5-402 - Submittal requirements • Article 7, Division 1, 2, and 4. REVIEW PROCESS The process to accommodate these requests shall require an application for a Land use Change Permit — Administrative Review process pursuant to the LUDC. A. Pre -application Conference; B. Submittal of application materials (3 copies and 1 CD); C. Review for Technical Completeness (10 days). If not technically complete (NTC) then applicant has 60 days to resolve the issues; D. Determination of technical completeness; E. Schedule Director Decision Date; F. Complete notice requirements; G. Submit additional copies for referral review; H. Evaluation by Director/Staff Review/Referral Agency Review; 1. Director Decision issued; J. Notice provided to Board of County Commissioners for consideration of call-up (10 days); K. If no call-up is requested - the plat and conditions can be finalized and signatures obtained; L. Obtain BOCC signature and record the plat (recording fees will apply). V. SUBMITTAL REQUIREMENTS Please refer directly to Table 5-401 for submittal information which are summarized below: ■ 4-203.6 General Application Materials o Application form and fee; o Agreement to pay form; o Deed; o Letter of Authorization, if necessary; o Names and mailing addresses of mineral owners of subject site; o Names and mailing addresses of owners of property within 200 feet of subject site (parcel); o Assessor map indicating the above properties; o Project Description ■ 4-203.0 Vicinity Map ■ 4-203.D Site Plan - may be contained on multiple pages ■ 4-203.1< Improvements Agreement, if applicable ■ 4-203.M Water Supply and Distribution Plan Note: include copy of well permit, installation report, pump test and water quality analysis. A permit should be submitted from the Division of Water Resources that indicates the legal ability to serve the proposed Tots, as well as any additional augmentation that may be required. ■ 4-203.N Wastewater Management and System Plan Note: Include a copy of existing septic permit, any maintenance records, sharing agreement, if applicable; ■ 5-402.F. Final Plat Note: Plat should be prepared by a licensed surveyor and should include all easements or other encumbrances on the property. A title commitment is a good way to ensure this information is complete and correct. Any new easement as a result of the subdivision should be shown on the plat. ■ Codes, Covenants and Restrictions Note: This may include the a well sharing agreement, driveway sharing, etc. as applicable ■ Engineering Reports — details in 5-402: o Roads, Trails, Walkways and Bikeways (if any); o Sewage Collection and Water Supply and Distribution System; o Groundwater Drainage ; o Preliminary cost estimates for improvements. ■ Response to Article 7, Divisions 1, 2, 3 and 4 - this includes items such as verification of the adequacy of the roadway (in relation to section 7-107) standards as well as calculation and payment of school and road impact fees. An opinion of fair market value but a qualified professional will be considered acceptable documentation as to the appraised and fair market value of the property. ■ Waiver requests —The Applicant may request waiver of certain submittal requirements upon demonstration that the waiver complies with Section 4-202. For example, if no public improvements are required for the subdivision, the Applicant may request that this requirement be waived with demonstration that all necessary public improvements are installed. Submit three paper copies and one CD for applications. Additional copies will be requested upon determination of completeness. See the land use code for additional information on submittal requirements. IV. APPLICATION REVIEW Public Hearing notices shall be posted, mailed and published pursuant to Section 4-101.E. X None -- Director Decision unless"Called-up to BOCC hearing Planning Commission Board of County Commissioners Board of Adjustment Referral may be sent to the following agencies: Garfield County Engineer Water Conservation District County Road & Bridge Colorado Geologic Survey (fee and application required) Fire District Division of Water Resources CDPHE Environmental Health Vegetation Manager County Surveyor (fee) VI. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ 400.00 Deposit made out to County Treasurer (Additional Staff time at hourly rate of $40.50) Referral Agency Fees: $ 600.00 Made out to Colorado Geologic Survey County Surveyor: $ TBD County Engineer: $ TBD Recordation: $ TBD Total Deposit: $1,000 — two checks required General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre -application Summary Prepared by: Kathy Eastley, AICP Date EXHIBIT Proof of Ownership/Deed EXHIBI'd' E Letter of Authorization to Represent March 21, 2016 To whom it may concern, This letter shall serve as authorization for Tom Stevens of The Stevens Group, Inc. to represent my interests as they pertain to the Kinney Minor Subdivision as submitted to Garfield County March of 2016. Cyeithia Fox EXHIBT F Proof of Adequate Water Supply/Well Permits � . nil On Site Wastewater System, Engineering March 24, 2016 Mr. Tom Stevens The Stevens Group, Inc. 155 Maroon Mesa Drive Carbondale, Colorado 81623 PINNACLE DESIGN CONSULTING GROUP, INC. 0805 Buck Poinl Road Carbondale, CO 81623 (970) 963-2170 Office (970) 704-0215 Fax RE: KINNEY MINOR SUBDIVISION — PERCOLATIONS TESTS Dear Tom; Attached is a summary sheet of the percolation tests that we conducted last summer in 2015 on proposed Lots 2 and 3 within the subject property. Based on our findings. The soil properties are suitable for the design of an ISDS system. Please feel free to give me a call if you have any questions or comments. Sincerely, :CO 1• is 35088 ac; Pinnacle Design Consulting Group, Inc. 0805 Buckpoint Road Carbondale, Colorado 81623 HEB/heb Enclosures: Percolation Test Summary Sheet PINNACLE DESIGN CONSULTING GROUP, INC. TABLE 1 - PERCOLATION TEST RESULTS KINNEY MINOR SUBDIVISION GARFIELD COUNTY, COLORADO PROFILE HOLE FEET LOCATION LOT 2 P1 LOT 3 P2 DESCRIPTION DATE OF TEST: JUNE 15, 2016 0'-0.5' topsoil root zone 0.5'-7' silty clay with gravel grown to light brown in color No groundwater present 0'-1.5' topsoil root zone 1.5`-7' silty clay with gravel well graded. Maroon in color No groundwater present WATER WATER AVE. HOLE DEPTH TIME DEPTH DEPTH WATER HOLE NUMBER OF HOLE INTERVAL START OF END OF DROP PERC. INTERVAL INTERVAL LEVEL RATE (INCHES) (MINUTES) (INCHES) (INCHES) (INCHES) (MPI) P1 48 15 WATER ADDED 12" 9-3/4" 2-1/4" 20 9-3/4" 8-112" 1-114" 8-112" 7-1/2" 1" 7-1/2" 6-1/2" 1" 12" 11" 1" 11" 10" 1" 10" 9" 1" 9" 8-1/4" 3/4" 8-114" 7-1/2" 3/4" P2 15 12-1/2" 11-5/8" 718" 5 11-518" 8-5/8" 3" WATER ADDED 12" 9-1/4" 2-3/4" 9-1/4" 6-1/4" 3" WATER ADDED 12-1/2" 9-3/4" 2-3/4" 9-3/4" 6-3/4" 3" 6-3/4" 3-3/4" 3" Note: Percolation test holes were hand dug in the bottom of backhoe pits and soaked on June 14, 2015. Percolation test were conducted on June 15, 2015. The average Percolation rates are based on the last two readings of each test. EXHIBIT 1[ List of Property Owners Within 200 Feet Mailing Address Account Num L N C 0 Physical Address N u ta (0 0 BUREAU OF LAND 2300 RIVER FRONTAGE ROAD SILT CO 81652 338 MEADOWOOD ROAD GLENWOOD SPRINGS CO 81601 PO BOX 3102 BASALT CO 81621 PO BOX 741 CARBONDALE CO 81623-0741 1164 COUNTY ROAD 113 CARBONDALE CO 81623 1000 COUNTY ROAD 113 CARBONDALE CO 81623-9649 1170 COUNTY ROAD 113 CARBONDALE CO 81623 969 COUNTY ROAD 113 CARBONDALE CO 81623 912 COUNTY ROAD 113 CARBONDALE CO 81623 912 COUNTY ROAD 113 CARBONDALE CO 81623-9648 2300 RIVER FRONTAGE ROAD SILT CO 81652 N 0 to r -I M 00 N d- N. LO LO LP) r -I s -I V7 Ll7 l0 CO N 01 V7 07 rr7 kr) r -I u .—I 01 tf) ct Ol m rI rl r1 r1 r -I r1 ri r -I r -I re's 0 0 0 0 0 0 i-4 6 0 0 CC CC cC ce. ac i2C cC rr = cC MANAGEMENT 239316300954 CARBONDALE KINDALL, LARRY & 1259 113 COUNTY RD 2 Lu Li z i W m 239317100085 CARBONDALE ZUCCO, JESSE & 1172 113 COUNTY RD PATRICIA A 239317100088 CARBONDALE CRYMBLE, WILLIAM R 1168 113 COUNTY RD oZi— J 239317100090 CARBONDALE 1164 113 COUNTY RD BELLINGER, BAYARD 239317100091 CARBONDALE 1000 113 COUNTY RD KINNEY, CYNTHIA A 239317100092 CARBONDALE 1170 113 COUNTY RD BURKETT, DONNA M 239317100371 CARBONDALE LITTELL, GARY & 969 113 COUNTY RD d 0 z Q 2 Q 239317200093 CARBONDALE ROBINSON, DAVID J & 915 113 COUNTY RD KIMBERLY S 239317200094 CARBONDALE ROBINSON, DAVID 912 113 COUNTY RD JAMES & KIMBERLY S 239317200248 CARBONDALE BUREAU OF LAND MANAGEMENT 239317200953 CARBONDALE PLANS HAZARD MAPS ti %1(t L. pet SZ - A7 -D S(AW -fir( RAS 1ov`' 147-PcRD &A 0 A I_ GeOLOG1 - J Sot LS ( l_Pr -c � 7_A2 tzf.D -- MD§,Y)12. l-tA"7.,Aib at.-0 - MoDeP C - -t47 D 0-,NERD REt? - /L/ OR Chou) - lv\rU sipckc.5ys-r-Em coNstpAirsc Rao -IA )/meow- (oL vA (2,c MA LS D rLi.(" i Open Space/Public Land Open Space/Public Land Open Space/Public Land CoilAfgo yr PLA r4 - FU -M 401V1,%ltl r eVtrAi 4{'f (v 1- :ei'-�'�.'��#��'t1��¢;y�•�n���o-"IP�ir:�+�..c:F-c1. !�„ 16 ✓f 11���� Recorded rd ori _. &cl1.1. :41., . e1i y 19/9 .,. -_1,111 WO.i }�. ! rF "r...1. Reception Nu. , _ . 2_91315 •e�C., Recorder. g, Li? FILING HTAA11• TRIe 17J Ell, Made lltis *J day or V fu "%'�heeween ,70E F. KL,INE, also known as JOE KLINE 1•rthe t:laittyor Oarfield 4111 Mateo' t'ol14l•al or the first part, and BELL BIOS. CONSTRUCTION, INC. JAN 9 1979 open lir ffE whim,!141!1ud11t1•NHiH P.. 0. Sox 1061, Carbondale, Colorado 81623 11•11414 Cunul,5' of GARFIELD 4110 State of Colorado, of the second pork WITN EliSN111, That the sa1,1 party of'Lhe first purl, for and in considers Lion 4rtlle sum of Ten Dollars and Other Coad and Valuable Consideration DOLLARS, la the sold party of the first port in hand paid by the Muhl party of the wound port, the receipt whereof is hereby rouressael and acknawirrllgld, fled, grind IA, bargained, said rind eonveywi, and by these presents Dara grant, bargain, sell, wmvey and confirm, unto the 11a:11 party 411 11,14 second part, his heirs and assigns forever, RR the following Ih•serlhedlot or parcel ofluno!,lIRuate.lying 14111being hlthe - County 1.r uatfield ural $tai1,`1,f G hr udn, tI,,mwit' A parcel of land situated in the SNI;NEle of SSection 17, Township 7 South, Range 88 West of the Sixth Principal Meridian. said parcel of land is described as follows: Beginning at a point on the East-West Centerline of said Section 17 whence the East quarter Corner being a stone found in place bears: S. 85038'31” E. 1283.83 feet; thence N. B9°38'31" W. 213.38 feet along said East-West centerline; thgttce N. 10°16'34" W. 734.00 feet; thence N. ,89:19.7'.21" E. 330.00 feet; thence S. 0l'0115811 E. 725.88 feet to the Point of Beginning. TOG ETD 11R with all 44141 singular the lrere,Rtumen144 and appurtenances thereto belonging. or In anywise apper- 111ih11g, and the 1.e11111'sf11n 11111 I'avors1onH, n..11)111114104. 111111 1.1311111.1111111111, rents, 11144111.44 and petits thereof: end all the is to te. right, title. interest, dui lit and demand whet:owe" r of the sold ',arty 1f I he f1".t part. tither In law ler equity, r.f, 1„4.,1,11.,, LI,' 11111,441! ill l'p111111'ld 11Y't11111,`14, 44'ILh 1111' hpl'ed1L11,111!11LH 1111,1 lIpI11i''AMU nLrk, ' 1'1111AYY. AND 'I'I1 HMO thi! said prcn111e4IIhr,v, burgulnrd and 1144,.. -,heir with the 44ppurlenance11, 1111111 the mild or the Hue11id port, lila 111111'41 and assigns forever. And the sold party or the first port, for himself, 1,144 helm, tors, oral administrators, does rllvumnit, xrnn4, hnrguiu, mid agrl'e. to 11141 with the said party of the second putt, Pins 111111 111.ign4,, 11111 111 the. 111114' of Lhu unHrII1111g 111141 delivery of diose presents, he is well seized of tho premfaes reconveyed, LIN 1F4111111.a11r,„peer!'.!,obsolete 111111 111110111011W tilt at!. orinhoritnnee, 111ew,111feu simpie. one hoe 11111 right, roll p.4'!. lust I,,'k'rtd :,llthnl•Ity to grunt, bargain. ><rl1 and convey the un1144 111 manner And f4Yu1 111 nrnresald, 111111 411111 the 1111111. 111•e frau and elver froom all former moll other grants, bargains, sales, lien., taxes, assessments 111111 eurun, iran'es of whatever kind at• Holum, 4111'ver. Mei attached reservations and exceptions an,d 141' ahet4'rl 1111'ga1114141111•eallkt'4 In 111. 11111441 4111 14441111'1114111 111r4mmol 111111111111 kaki par'ky lirt11e 1e11nd part, lila helm 141111 1111:111018 against til x111 every person r1' persons lawfully 1'11iilling 111' to claim the whole 111' any part thereof, the 441141 party 1,r the first 11111.1 M1 1111 111111 aril1 WARRANT AND FORM' ft DEPEND. The singular number 14114111 include the plul'oi, the plul'nl the Aingi,lnr, nod the axe 1111111. gender shall ir-opldienide W oil genders. IN WITNESS WIIRRFIIF,11.1141.111 party or til• fii'et part 114444 hereunto set his 114111411,111111:111 the day and year first 44111 4' written. J C F. L a leo known as -:10E 11151 I ISEALI tr.y,11+ „f Y F,t•ruClrl. 7ilnrffi,lil*Am i•knnwlaslacdl'elure 1111, .i ` 17.%,4} ;11 1'6 .l'r*1'Ane oleo known as JOE KLINE C• 7, # I } £4w F•,,p 4,k i,wfyllH.pi 1'•�_. day ler Y.I Pi W Whirs lir Ii1LALI 1,n 4111 um] 4110111 oral, 11 11 131:4. '1444114,'.111,114, .Y"•. 1'4.,:1:, ,,.,f.• II .,r,, :Vr1, 1....I l„r,r l'II.I'wrrmrl.._1.46 uu1.1e.+r.4lrk.rri""I..r L,l1•..1.. kc4e.r.44417,x5rewees • - • • . , , . _ WOK fr..A4.5“ : , 4 Reseiqintii3A1 and4icaptione to Warranty Deed from Joe F. Kline. oleo known es Joe;kiidn4to B11 -re. Conetrection, Inc. F 4 1. RebervatientWand.e?cceptionm contained in the United Stated Patent to the describe sproperty. 2. Rights of Osy,and eaaemente for roads, :streets, ditche4. ceeale, and utility Lines including, but not limited to: a. Easement ft:5m Paul W. Fischer and Joe Kline to Holy Croee Electric -. fuleociatiob. Inc. dated J201111ary 4, 1978 and recorded January 6, 1978 as 'Docuthent NI. 282750 in Book 504 at Page 674. b. 30 foot road easement across subject property for access to land Southwesterly of :subject property ea recited in unrecorded contract dated December 9, 1978. c. Non-deceript easement for water lines and electrical nervicen linea along with nbligatione for eame an recited in unrecorded contract dated December 9, 1978. 3. Taxes or :special assessments which are not hown ea existing liens by the public recntds, and poosible liens, if any, for taxes or apecial assessments which ere not required to be certified to the County Treasurer to become - liens on the land described herein. 4. 1978 taxes, a lien, not yet due and payable. • MAY 21 1979 BUM 529 PdGE r tY7 Recorded at� r�,r9,qlprIM,�J' yam` RereptionNo_._de��1LFa'17 �e!prri. �rLr ftee}rder rr1i19DEEDMedethis lOth qayor May 10 79 between JOB 1?. KLINE, allk/.:_JOE kLINE of the County of Garfield end Stets afCak.. rado,of the first pert, and BELL BROS. CONpTRUCTIDN, INC. e rorrretIon Oriented ind valeting under and by virtue of the taws of ih.State of Colorado . of the second part) whose legal address le P.O. Box IOU. Carbondale, co 01623 WITNE99ETH, Thet the mild party ofthoflret part, for end Innenelderat[on of the mum of ---Ten Dollar's and other valuable consideration— LOLLARs to rho Bald part y ofthe first pert In hind paid by the old party of the second part,the receipt whereof fa hereby eenfes,ed and acknowledged, hoe gr.ated,;bergalned, add and conveyed, and by thsm preeentedo as grant, bargain, serf, convey and confirm, until the; Bald parry of the second part, ate eueresaore and aulgne forever, all of the following deacrlbed lot or parcel of lend, eltuata, lying and being In rho County of Garfield and SieteorCulnrade, to wit; RECORDER'S STAMP MAY 2 1 109 11131121110110111 Sen Exhibit "A" attached hereto and by thin reference made a part hereof. .lve-lmanrr-aeatre., L TOGETHER with n11 and eIngnlar the hereditament. and uppu rtenaneee thereunto be1an61ng or In anywise appertnining, and the reversion nod ruverolnnn, remeldder and rum mindere, veleta, notion and profits tharenf; and all the eetatu, light, thio, intnrent,claim and demand'whatseeJer of the mold part y of the first part. either In law or egnity, of, In and to the above bargained promlnea, yviLh the hrrediLaieente and appurtenance.. . TO HAVE AND TO 110111 the mid preening. abovebargained .i dal ail:abed, with rhoappurtenancna,unto the said party of thcrecond pert, It. Rummer nod aenlNne forever. And the acid pert y of Ma Mat part far Hp set f hie helm executors, and adminie[;retoi•o,du ea eoven.iL,grent, bargain and scrod to and with the acid party of the emend part. Ito mucceeenre and whom, that at the time of the annealing and delivery of these prenenty. he la well indeed ofthr premises above conveyed, ee of good, Jure, perfect, absolute and Indefe.e{ble estate of inborn spar, in law, in fee nlp4plo, end hag geed right, full power And Iaryfal authority to Print, bargaln, nc11 and convey the mumu he manner endiWrnl or Outman!, and that the same Are free and clear from all former and usher grunts, barFelne, sales, liens, hives, aaeeanmenla And oncumbrarscee of whatrver kind or nature n ever, and the .bovu bargained premiere In the qulot end peaceful pueneesldn of the raid party of the remota part, Ito e urces.or end Resigns, again.t ell and Avery person or per.mre lawfully claiming or to eldm the who}a or any pert thereof, the ..ld port of the lime pare shall and will WARRANT ANL/FOREVER DEPEND. IN WITNESS WIIEREOF, The .old party ettheflretpart has heraunle not hie land . nd ma] the day .ndyeer flrat shove written, Signed, Sealed end Delivered iu the Prerence of 9TATEOF COLORADO, ��'.]-'��-" rimty f0. Garfield TIi'TSregeing IndrumenL wh..ehnnwledoed before me Lhlr 1001 day „f Nay 19 7fOgi ,{010 F. Kline, a/k/a doe Kline r lam141, i6,4)=lrre _rd...,,,h,-t /� f 2..2 !Q J , l i R'1T 3,7 hand I of lirlal will. f 1 ,•% ! f'�see• t 4•> 114/ n y :ri � -r' F I. Joe f. Kline, a Joe line r se. eOoK 512B r2OE'9;0)3 EXHIBIT "A" EASEMENT N0. 1: An easement and right'of way 30 feet in widthfor purposes of aromas to that real property delcribed in deed recorded as Reception No. 291315 in Book 521 at page 455 of the records of the Clerk and Recorder of Garfield County, Colorado, which easement and right of way shall be situate along and 15 feat on either+side of the centerline of the roadway ea currently' established and in place extending from Garfield County Road 1/3 to second parry'e pioper4y an described in the above referenced dead. ALTERNATYUB 2AFE132IT NO. 2: First party hereby Brenta and conveys to second potty an easement and right of way 30 feet in width for eccesa to second party's real property described in the above .referenced deed recorded an Reception No. 391317, which easement and right of way .hell extend Jver and acne/ the northerly 30 feet of that teal property described an Exhibit"0" attached hereto end incorporated herein by this reference to second party's property ea above described. Uponthe establishment and non of a roadway on thin Alternative Basement No. 2 fat a period of one year without abandonment of the same, said easement shall aerve_ae the exclusive access eeeenent to second party's above deaeribed property and that portion of the above described Easement he. 1 located southerly of the northwesterly corner of first porty'a sold property obeli thereupon be -considered abandoned end extinguiehed. ! 4 •• . . -• • V .0Niiii- :.t2i.fri lie -the SAHA of SeetOn 17, TeeneliW •liefigiOt -5' Ill Aii Srineipa1 Meridiani deli!. PareiI4ft diiieriVeki gr.'114. Nrc,,, z..41--:-.,,,6 • 1 ! -,., , , ,,- isegin*inA eitAirbia'C'Oe-the eeit,Weet eenterltemh of ..id Bib. ,!-AiniCe the tiii$0104ieoftseVeing a steno foundAnIvIko40_ 401,38!31!' Oaltliblei0-thanei N. N9IM9'31w...0. 41606-4atk kit-Weit cietiiiina,to the -Tree Point of Boglieking101ienieelC:* W. 760.16 filtrUinai.Ni 8937'21" E. 360.00 itetOftiialilibOltA. ,,t. 7i4.00 filt*b i paint on pad !..L,-Neet eenter1i4W0iiinii1191.108 W. 213.38 feielieng eeid Emat4eet centerline, to the Tfee:Af.Wei7 Beginning. FAWIBIT "6" i BOOK 528 nuE7p9 •:; iLtH tai'.'-.,;YID,wG� hM `kB.R1 Sed-ieti. "a ;`r Pfaff aid; 4:1a' p Recorded a / 5� e MY Y 2 1 t979 DM 528 PAAc i 10 Roception N %a}tCri3 7 Recorder. • THIN DEED, Hada this 10th day of ,May 19)9 hetwaan BELL BEN. CONSTRUCTION,!INC. of the County o! Garfield and state of MAY 2�9)y Colorado, ofthe flatpert, and WI RIVIIIPITOY F JOE F. KLINE ' whoeelegal address i■ 0014 Rd, 111, 0arbandnle, 00 81623 of the County of Garfield and state of Colorado, of the second part, . WITNESSETH, That the maid party of the firs;,part, fur and incondderatlonafthe +nanef ----Ten Dollars and other' valuable;coneideration . DOLLARS, to the maid pert y orthe first part in hand paid by tho paid port les of the second part, the receipt whereof is here' conreseed and acknowledged, Ira remlaed, relaamed, mold, conveyed and QUIT CLAMMED, and by theme presents do revalue, release, Bell, nonvey and QUIT CLI] mat unto the said party of the second pitrt, his heirs, aucceasora and !mai ne, rnrever, MI the right, Otte, Internet, claim and demand which the matd part of the first part he a in and to the following described Int or parcel ifr land shoats, lying and being In the County of Garfield and State of Colorado, to wit: An easement and right of way 30 feet in width over and across that real property deacribed in deed recorded as Receptiion No. 291315 in Book 521 at Page 455 of the records of the Clerk and Recdrder of Garfield Coiinky; Colorado, which easement and right of way shall be for the purpose of access to the eoutherly portion of that parcel of real property owned by grantee and situate westerly of grantor's real property above described end which easement and Might of way shall be situate along and 15 feet main either aide of the centerline of the roadway as currently eatabliahed and in place; padvtded, ltvweva,:, that in tap event the easement referred to as Al4einative Easement No. 2 in deed recorded an Reception No. 29g132.‘ of said Garfield County recoitde is established and Easement No. 1 as therein descried is abandoned and extinguished,aecond party shall be entitled to en eaaelaept And right of Way to second party's property ee above described aver andjacroes first party's property, along and 15 feet _an either aide of the road as then constructed from Said Alternative Easement No. 2. .fx TO HAVE AND To nom', the,eme, together with all and singular the apauttenanoco and privileges thereunto helonging or In anywlbt thcreunta appertaining, and all the eatnte, right, title; interest and claim whatsoaver, of the naid party of the prat part, either In law or equity,ite the only proper nee, benefit and hehoafof the meld part y of the second part, hieheira and aselgne forever, IN WITNESS WHEREOF, The enld part y of the firer part ha a hereunto set its hand and meal the day and year [iretabove wril{en,;1 BELL BROS. CONSTRUCTION, XNC. ISLAL] I Signed, Sealed and Delivered in the Presence of By: iF Yte.AREAL] Ayala President COLORADO, rR, „m ut,, Garfield gin -Egionfra.4Arrpeltpreoledged befule me thle lath t?a'rl 45,, 1 if -. Ttr i4....f {SEAL] _SEALI day of tiny tYI'2 hand linden! Ir J 1� L-. tL:� Nnr.,t I obnr. eA.y`I ''1 irsrAid q'ReciOden No. a WARRANTY DEED THIS EHMED, Made Ibis 15th day of March 1985 , Ix -en STARKEBAUM f CO. of the *County of Gene lar SlateorColorado. grantor, And DENNIS—Gr QUIRK AND LOUSE J. QUIR an d whose legal .:dress is P.O. Box 8036, Aspen, CO 81612 of the County of Pitkin �1VGD and Stale of Colorado, grantees: WITNESS, that the grantor, for and in consideration of the sur. or $95,000.00 .tioulkas. the reccspt URI sufficiency of which is hereby acknowledged has grunted. bargained, sold and conveyed. and by these presents docs grant. bargain. sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy. all the real properly. together with improvements, if any, situate. lying and being to the County of l:arf f $ld and State of Colorado, described as follows. See Exhibit "A" attached hereto and made a part hereof by this reference. Together with a non-exclusive easement for ingress and egress over an existing road as the same is now in place. Also an existing well and water line easement as the same is in place, together with seller's rights in the well. also known by street and n.••nher as 1172 County Road 113, Glenwood Springs, CO 81601 TOGETHER with all and singular the hercditameots and appurtenances thereinto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsocvrA of the g•aptor, eithrr in taw or equity, of, in and to the above bargained premises, with the hereditaments and appurtenance,. TO HAVE AND Ti) HOLT) the said premises above bargained and descriLed, with the appurtenances, unto the grantees, theirheira and assigns forever And the grantor, for himself. hie heirs and pe oral representatives, does covenant, grant, bargain pod agnm to and with the grantees. their Ii.;irs and assigns. that at the tine of the cnssaling and dciively of these presents, he is well seized of the premises above conveyed, has gotxJ. sure, perfect, absolute and indefeasible estate of Inherii3nce. in law. in fee simple, and has good right, full power and lawful authority to grunt, bargain, sell and t.onvey tin same in manner and form aforesaid, and that the same= free and clear from ell former and other grants, bargains. sales. tiers. taxes, us.essmenIs. encumbrances and restrictions of whatever kind or nature sower, except easements, restrictions, reservations and rights-of-way, all of record; rear property taxes for the year 1985, not yet due or payable and Deed of Trust for the use of The Federal Land Bank of Wichita, to secure $250,000.00, dated December�j0, BO recorded Ail 9 981, in B 569 at Page 280 as Reception an he abovcn e ArEamedaf 'plremyises�11hc quiet and'peaceable�( sesstoofhst>Q�te rh;I,d E, t ot e aurTI er of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming w to claim the whole or any part thereof, the grantor shall and will WARRANT ANI) FOREVER DEFEND, The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor hos executed Ihis decd on lire date set twill above 31ARKEBAUM & CO, RY: Clark R. Starkebaum, Partner STATE OF COLORADO County of V (1 /y J Tile foregoing rnstruntrent was acknowledged before ire to the 5+11A County tit at +fLlC l_� , State of +ear rt day of a ke , by J / }. !2 d1�74H ff YhL1 �;�:;, •k '�IFiil• IVB`--" of 5tarkebaum & Gn. wertiCs.r , 1Sk'ALI• °If in Denver, lasso 'City and " Witness my hard and ottieial seal. My Cummrslsun expires alp (dr 9-a9 , Iy 81. Na, 9121A. $sv. 214. WARRANTY nreo ITN IAA Asad4 Snead PabMY.q,1121 W. fie Aro..lakaxned, O aa114—tr03) 2i.aieo aH • 1 "SI . 313#3 EXHI$IT MA" A Parcel of land situated in the >siRdsot of Nect2ow 17,, 7 South, Pangs SS hest of the $th P.M., said Pamir/re 1 described as follows: �.. beginning at a pout on the T kt Nl t centerline of said i ili ~ sa 17, t►ence • the Eat quainter conger, mi ing a stone found n place bears: 3. B9.38'31" E. 12t3.113 feet; thence U. 81°36'31" N. 426.76 feet along said East -Hest centerline to the True Point of Beginning; thence N. 19'00'31" H. 760.16 feet; thence U. 09.37.31" E. 330.00 feet; • thence S. 10'16'34' E, 734.04 feet to a point on said East --hest centerline; thence N. 89.30'31" W. 213.3B feet along ea'3 East -Hear centierlini to the True Point of Beginning.' COUNTY OF GARFIEC.D STATE OF COLORADO Grantor reserves an easement across the subject property for purposes of ingress and egress and underground utilities. Said easement to be along an existing road now in place, lII QUlirc. hAIM DEED ®IIl11.P21iWrkk l4+ ti PICIRRIelikriN1041114 UI 111 Reception#; 762888 02/0912029 03:21:25 PM .loan Alberica 1 or 2 Roc Feo:$11-00 Roo Fee 0.00 GAFtFIELD COUNTY CO 'MS DEED, made this al- day of C'ZLe 20 between Stephen G. Kinney and Cynthia A. Kimsey, grantors, and Cynthia A. Kinney, whose legal :gess is 1000 County Read H3, Carbondale, Colorado 81623, grantee, WITNESS, that the grantors, for and in consideration of - NO CONSIDERATION NECESSARY, FURSUANT' TO DISSOLUTION OF MARRIAGE; GARI:IELD COUNTY DISTRICT COURT CASE NO. 08 DR 125 - have remised, Messed, sold and QUITCLAIMED, and by these presents do remise, release, sell and QUITCLAIM unto the grantee, her heirs successors and assigns forever, all of the right, titin, fntarst, claim and demand which the grantors have in and to the real properly, together with any improvements, if any, situate, lying end being in the County of Garfield end State of Colorado, described as follows. See Exhibit "A," attached hereto and incorporated herein. also known by street address as: 1000 County Read 113, Carbondale, Colorado 81623 TO ElA,rE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or In anywise then unto appertaining, and all the estate, right, title, interest and claim whatsoever of the grantors, either in law or equity, to the only paper use, benefit and behoof of the grantee, and the grantee's heirs and assigns, forever. WFEREOF, the.grtmwra have executed this deed on the date set forth above. r Stephen G. Kinney STATE,, OF COLORADO ) )ss. County of ARP ';AUTuregoing instrument was aclmowledged before use this ,, , day of 24 by Stephen G. Kinunoy. 0I A f 1'1i�ii my band ad official seal. --Mytiiiiinani06 expires: $• '4 pa., yn A. Kinney 1113 "a, STATE OF COLORADO c.theid ) County of see etivipmet) The foregoing instrument was ttelcaowledgeel before me this P day of M91141204 by Cynthia A. Kiew-e Witness my hand and official seal. My commission expires: 1 -15 - Na933. Nen.1.06. QUIMAIM DUD ANNE M. CANAN NOTARY PUBLIC STATE OF COLORADO IMCaranhirnialrmlrea 12I1312012 6 At eN.. \\. ,aeli 1'01 E 46y1f -ef 6 5'e, 300 z.m.Fip Co -0 -29 ®IIIInt� i l` I L 1�I �#r +�l her Ii'1 ��l11III RcenptIona• 7621106 0212912009 03:21 25 PM Jean olbarloo 2 of 2 Pec Foo -1 1,00 Doo Foci 0,00 GARFIELD COUNTY CO MOW A ow. DDS'CRIFTlON MOD A 0.1 I$5CS4L w MND IX3'OAVAD 1111 Lor 7 ai s.wr loll 17 A m 71TA 8,1/111/4 07 9AMM 17, 1'011" :XP 7 OMR, BANOi 88 MOW, 01' Mr ETM pale. , ATI* OOt11'IllRLY 07 tC5I CM= O1' A COY mow io7 MOM= OD XII Piaci AID siOnOBBAP Op Joisr-mr lattamerame or SAID 0210211011 i'. 8AXO'PARc>PT. Of ww TO x1Y8Cltsat51 M A0LLOe581 AT . A POW $R TR corm 01 MID WAD, 18330ICS Al! XI 021 roar ffX'S'O A 9iiA1� CAP, rOustoXN NA= ARA 5ROYABfi1 Jamp a0 1Z 51UTN 0VMR77J COMMA 07 tIATO 8Z1 'X0U 17. MAIM 11. OI'x6"15+' N. 2131.51 MT; MUM S. 28608,120 10. IFT4. SU YAW B'0 A POOT OS ran JrazZMINIF CONTANZ.1701or mile AiaxOu 17p TIODIOX.A. 85'38,11" w. 1385.6/ 1OSri' AZONO SAID OTANTAHAIXIJ !YID)pi A, 04'111 °81' IMP. 110$.34 9001 SO X pola=r Xsf TALI alma 01 aXxD =Alb =MI a21. os MOT ALM A>za 07 A COM 110 3101 Laps, aaa722mm A SAWN 07 491.15 Our, 22O1 MAD 0Z IN= 201188, 8. 831114°301 1. 127.f :AIM 17YIl50 R. 15'31TW22'1 1 251.83 AM AL= TAN CQlX1R 07 OLID Bmf 33= 351.101 111 AA0M7 1911 ANC Or a 00RV.8 9 o run 531172'. RAMO A JIA21170 or 473.50 mi, TRIP t ORD Or WHIM 31M80. aI. 51'34'2V 5. 1.84.20 PART, 110 p!10 PO= or 1/80=01170, PARC= a JI -WM or LAI.'D onvomo 21 LOT 7 AIM IR Vol 5fMPa/417a3/4, ALL .'fir armor 17. aooroMmir 7 8wra, stainz 88 war QP' sviz 6T5 p.1i. 5.3X50 soorsrmx Or TIM most Or time 005111'? sap, AS 01I81A1ft 7 0!!,331 SPI• mat, iAfa soRTBUDY 0r 1'ss 5181-1518T 0121=6.12c8, Or f11121:1 B101':OAI 27. OATD MOOD Of LAND 55 HAYS& i1S1YD APR NOLLc sa OX017612NO A1' A J Is rsST dnartit IV ROD WAD, AMOS !{25 X801/ POST ITarli A 071.800 0115 roam ite 1°LAtO1 £w YROPARLF MOM 3108 MS MAW f? 00,1110 07 *AXF 8430TXQ0U 17 MAIM SVI. .0047'12' W. 150!3$ ! =was. 03.07,58' 1r. 314.85 Pieti MOM A. 8S'37'310 11. 330.00 Mau TJX 8. 59'00"011$ X. 780.18 PANT TO A mart* mix 5811-vaar =MUM 01 BAm. AzcTSi 17/ MI= 1P. 89'31w3ie W. 413.52 MT JIL028: ALXD X381-H&1T corn Rf rtoo ruing N. 98'01.53' W, . 3221, J79 Jf=BT 1O A 10111'' ISf T82 CIaR'l<1! OP sap ROOF TAIROSa. 73.08°01' If. 48.5? ra0a'I TAOAM 295.12 155? ALOWS 1M .*E' 0r 5 CU*Vs 70 3718 LB7T. navntio i AVM ort 1151.51 751? TNA WOAD 07 f/Ni0U 51117 R. 15'05'$$' 1..199.71 Mr) 17. 611°03#00w 1. 185.10 381101 31/05!7 rAts am= ar RAID WAD TO 170e POW 07 5110.120=0. cords? 07 0ARYSILD ,911Th 07 COAG 5Do 1 j�.i w Y. Recorded at JO ' o'clock y gM DEC 7, 1989 Reception No. ___408017 p / +-��% ,-�-Recorder. WARRANTY DEAD THIS DEED, Made this 7th day or . Decamber 19 89 , between James A. Good and Jean M. Good of the *County of Garfield Stale of Colorado, grantor, and Stephen C. Kinney and Cynthia A. Kinney whose legal address is P. O. Box 1597 Basalt, CO 81621 of the County of rrarfield WITNESS. that the grantor, for and in consideration of the sum of good and valuable consideration. and BM ?GS fz£440, DEC 7Ig99 . GARFIELD State Doc. Fee $ /718 and Stale of Colorado, grantees: Ten Dollars and other DOLLARS , the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain. sell. convey and confirm unto the grantees. their heirs and assigns forever, not in tenancy in common but in joint tenancy, ail the real property, together with improvements, if any, situate, lying and being in the County of Garfield and Stale of Colorado, described as follows: See attached Exhibit A also known by street and number as 1000 -- 113 road Carbondale, GO 81623 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or In anywise appertaining and the reversion and reversions. remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor. either in law or equity, of, in and to the above bargulncd premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and' personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the enscaling and delivery of these presents, he is well seized of the premises above conveyed, has gond, sum, perfect, absolute and indefeasible estate of inheritance, In law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except easements, restrictions, reservations and rights of way, all of record, and real property taxes for the year 1989, not yet due or payable. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable nrnntanc ttapir hpirc nnrl ncCruna_ avainst all and every person nr persons lawfully claiming the whole or anv nart c''ee 43.50 EXHIBIT A PARCEL A 130 768 fat..f441 A Parcel of land si.tuted in Lot 7 of Section 17 and in the SWhNE4 of Section 17, Township 7 South, Range 88 West, of the 6th P.M., lying Southerly of the center of a County Road as constructed and in place and Northerly of the East-West centerline of said Section 17, said Parcel of'land is described as follows: Beginning at a Doint in the center of said road, whence an iron post with a brass cap, found in place and properly marked for the North Quarter Corner of said Section 17, bears: N. 03°15'12" E. 1634.94 feet; thence S. 25°08'52" E. 1224.93 feet to a point on the East-West Centerline of said Section 17; thence N. 89°38'31" W. 956.64 feet along said centerline; thence N. 04°53'53" W. 1105.14 feet to a point in the center of said road; thence 128.02 feet along the arc of a curve to the left, having a radius of ,98.85 feet, the chord of which bears: S. B1°54'16" E. 127.66 feet; thence S. 89°15'22" E. 251.53 feet along the center of said road; thence 154.S8 feet along the arc of a curve to the left, having a radius of 476.90 feet, the chord of which bears: N. B1°26'24" E. 154.20 feet, to the point of beginning. PARCEL B A Parcel of land situated in, Lot 7 and in the SN3NE1/2, all in Section 17, Township 7 South, Range 88 West of the 6th P.M. lying Southerly of the center of the County Road, as constructed and in place, and Northerly of the East-West Centerline, of said Section 17, said Parcel of land is described as follows: Beginning at a point in the center of said road, whence an iron post with a brass cap found in place and properly marked for the North Quarter Corner of said Section 17, bears: N. 10°47'12" W. 1509.26 feet; thence S. 01°07'58" E. 544.85 feet; thence N. 89°37'21" E. 330.00 feet; thence S. 19°00'21" E. 760.16 feet to a point on the East-West Centerline of said Section 17; thence N. 89°38'31" W. 443.52 feet along said East --West Centerline; thence N. 25°08'52" W. 1224.93 feet to a point in the center of said road; thence N. 72°08'09" E. 46.87 feet; thence 199.82 feet along the arc of a curve to the left, having a radius of 1891.55 feet the chord of which bears N. 69°06'35" E. innc1 N.eb6°05'00" E. 158.10 feet along the center of said road to ene the point of beginning. COUNTY OF GARFIELD STATE OF COLORADO BIER with the following water rights: .1348'cubic toot of water per second of time from the Staton Ditch (Priorities Nos. 33A, 37A and 113) as decreed in the District Court within and for Water District. No. 38. All water rights in the Mason Ditch (Priority No. 110) as modified in and subject to the provisions of Water Use Agreement dated December 1, 1978, and recorded in Book 513 at Page 811 as .Reception No. 290501 in the office of the Garfield County Clerk and Recorder. All water rights in domestic water well on property as evidenced by water well permit No. 121659. (NOTE: The conveyance of water rights herein shall not be subject to any of the covenants or warranties contained in this deed.) t-r-tV .utanc LJutccu, �uc..��v, 1JCiIVct, \.V UVGVG Phone: 303-910-2802 Two Way Consent for Release of Information Client's Name: 1.4G K 411n2.1 /1��� Address: /&X �d , Rd. ri 3 City: (! �]' Stale: �{! Phone: 970 - ,� '9 -..7S/ Email ekf [)OB: 7/1-4-7 fr /I4 1 10 IZ t fr 10.17-�!r /in: 8/623 authorize REBECCA DROGEN, LPC to: --Cgnd) r(receive) the following - X IV)) X (from) Name: Address: City: San Diego State: CA Zip: Phone: Fax: Email: INFORMATION Joan Murphy, MFT A SEPARATE AUTHORIZATION, AS DEFINED RY HIPAA, IS REQUIRED FOR `PSYCHOTHERAPY NOTES. Academic testing results Psychological testing results Behavior programs Service plans Progress reports _ Summary reports Intelligence testing results Vocational testing results Medical reports Entire record. except progress notes Personality. profiles *Psychotherapy Notes Psychological reports _ Other. specify The above information a ill be used for the following purposes: Planning appropriate treatment or program Continuing appropriate treatment or program Determining eligibility for benefits or program Case review Updating tiles Other (specify) 1 understand that this information may be protected by Title 42 (Code of Federal Rules of Privacy of Individually Identifiable Health Information. Parts 160 and 164) and Title 45 (Federal Rules of Confidentiality of Alcohol and Drug Abuse Patient Records. Chapter 1, Part 2). plus applicable state laws. 1 further understand the information disclosed to the recipient may not he protected under these guidelines if they are not a health care provider covered by state or federal rules. 1 understand that this authorization is voluntary. and I may revoke this consent at ally time by providing ++ritten notice. and after one year from the date am): signature hclovv this consent automatically expires. I have been informed what information will he given. its purpose, and who Will receive the information_ 1 understand that I have a right to receive a copy of this authorization. 1 understand that 1 have a right to refuse to sign this authorization. Your relationship to client: Self Parent/legal guardian Other (describe) If you are the legal guardian or representative appointed by the court for the client. please attach a copy of this authorization to receive this protected health information. Client's Signature: Date: Clients Signature: Date: / i Parent/guardian/personal representative (if applicable) Signature: Date: / / Witness (if client is unable to sign) Signature: Date: / / Certificate No //4 To all to Wheat these Presents shall come, GRICETINGI: berm ;✓-: 0--/ deposited in the flener t Land Office of the United States a Certificate of the .Register of the Land Office at whereby i ppears that full payment has been made by the said _, according to the provisions of the 4et of Congress of the 2,4t of April, 1800, entitled "an act making further pro - vi ion for the sale of the Public Lands," and the acts supplemental thereto, fo{{1�j-- according to the Official Plat of the Survey of the said Lands, returned to the Ge a2 and Office by the Surveyor General, which said Tract hajbeen purchased by the said__ Now Miaow Ye, That the United States of America, in consideration of the premises, and in conformity with the several dots of Congress in ch case made d pr Bid, ed_, fhave given and granted, and by these presents do give a grant unto the saiddq��// r✓J Wv and to if heirs, the said Tact above described: To Have and to Hold the same, together with all the rights, privileges, immunities and appu 6nanoes, of what °ever nature, thererento belonging, unto the said and to_ rs and assigns forever; subject to any ested and accrued water rights for mining, agri- cultural, manufacturing or other purposes, and rights to ditches and reservoirs used in connection with such water rights as may be recognized and acknowledged by the local customs, laws and decisions of Courts, and also subject to the right of the proprietor of a vein or lode to extract and remove his otherefrons, should the be Q tJtole ooh ateerr- ece ern gra i@• ahr er .. px pjded by "Jr;"lb/ `141 FN �v �; Testimony Wereof, I�. o- -- ' `+r MIMI of ire Dail Stales of Merica, have caused these letters to be made patent, and the Seal of the General Land Office to be hereunto affixed. Given under my hand, at the City of Washington, t day of,•f. - s--- -- , in the year of our Lord 7113 thousand eight hundred and . , ,and of the Independence of the United States the one hwndvi ¢ an, Br THE PRESIDENT: _l?'-�.�CCrr'' By__�i-1�d Recorded, Vol.. J-1 Page 32i Piled for Record the 2's? — c� a gid Secretary. Recorder of the General Land Office. day of d D. 18 Js hl A 17077 Recorded at ] o`clock? " Reception No. _ 40801- y DEC 7 )989 Recorder Bova 7E8 m€44Q itii I WARRANTY DEED THIS DEED, Made this 7th day of Deoarber 19 89 , between James A. God and Jean M. flood of tilt *County of Garfield State of Colorado. grantor, and Stephen G. Kinney and Cynthia is A . Kinney whose legal address Is P.O. Box 1597 Basalt, OD 81621 of the County of rarfi.eld and DEC 7 1989 GARF fEW State Dae, Fez 3 and Stene or Colorado, grantees: WITNESS. that the grantor, for and in consideration of the sum of Ten Dollars and other good and valuable consideration DOLLARS ,. the receipt and sufficiency of which is hereby acknowledged. has granted, bargained, sold and conveyed, and by these presents does grant, bargain. ;sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real: property. together with improvements, if any., siiunlo, lying and being in the County of Garfield and State of Colorado, described as follows: See attached Ethibit A also known by street and number its 1000 - 113 Road Carbondale, CO 81623 TOGETHER with all and sintrular the hereditaments and appurtenance: thereunto belonging, or in anywise appertaining and the raversion and reversions. remainder and remainders, rents, issues and profits thereof. and all the estate, right, title, interest, claim and demand whatsoever of the ecantor. either in lav or equity, of in and to the above bargained premises, with the hereditaments and appurtenances_ TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever_ And the grantor, for himself his heirs and'personal representatives, does covenant, grant, bargain and. agree to and with the grantees. theirheirs and a.ssign,..that at the time gl'the ensea]ing and delivery of these presents, he is well seized of the premises. .above conveyed, has Band. sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant. bargain, sell and convey the same in manner and forret aforesaid, and that the same are free and clear from all former and other grants, bargains; sakes, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever. except easements, restrictions, reservations and rights of way, all of record, and real property taxes for the year 1989, not yet due or payable. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF tha granror has natecuted this steed on the date. set forth above, aures'A. 3ooc, STATE OF COLORADO Crory u]' Garfield .7 an M. rood The foregoing instrument was acknowledged before me this 7th day of Det;ember , 19 89 I by Jaynes A. Good. and Jean M. Good . of i MARY LCiti ti cAa;- sEx S eN 1 pt/;e'' 'V.� 1 +1f inDenve, xdrt' y \',..1g. No. 921A. Rev. 3-85. WARRANTY DEED Crudnfat'.renzoisl 3rastfarJ Publishiigg. 1743 %f%zec 5a.. Uem,'r. CO 14120.2 -- OM) 29Z-231113— N•HS Witness my hand and official seal. My Ce, nti. 4 iun expires June 5 ,14 93 Doc Fee 43.50 EXHIBIT A PARCEL A tion 768 fitsf44j A Parcel of land situi ed in Lot 7 of Section 17 and in the SY,1NE4 of Section 7,7, Township 7 South, Range 88 West, of the 6th P.M., lying Southerly of the center of a County Road as constructed and in place. and Northerly of the East-West centerline of said Section 17, said Parcel of'land is described as follows Beginning at a point in the center of said road, whence an iron post with a brass cap, found in place and properly marked for the North Quarter Corner of said Section 17, bears; N. 03°15'12" E. 1.634.94 feet; thence S. 25°08'52" E. 1224.93 feet to a point on the East-West Centerline of said Section 17; thence N. 89°36'31" W. 956.64 feet along said centerline; thence N. 04°53`53" W. 1105.14 feet to a point in the center of said road; thence 128.02 feet along the arc of a curve to the left, having a radius of L.98.85 feet, the chord of which bears: S. 81°54'16" E. 127.66 feet:; thence S. 89°15'22" E. 251.53 feet along the center of said road; thence 154.E8 feet along the arc of a curve to the left. having a radius of 476.90 feet, the chord of which bears: N. 81°26'24" E. 154.20 feet, to the point of beginning. PARCEL B A Parcelof land situated in, Lot 7 and in the SW3(NE4, all in Section 17, Township 7 South, Range 8B West of the Gth P.M. lying Southerly of the center of the County Road, as constructed and in place, and Northerly of the East-West Centerline, of said Section 17 said Parcel of land is described 8..5 follows: Beginning at a point in the center of said road, whence an iron post with a brass cap found in place and properly marked for the North Quarter Corner of said Section 17, bears: N. 10947'12" N. 1509.26 feet; thence S. 01°07'58" E. 544.85 feet; thence N. 89'37'21" E. 330.00 feet; thence S. 19°00'21" E. 760.16 feet to a paint on the East-West Centerline of said Section 17; thence N. 89°38'31" W. 443.52 feet along said East-West Centerline; thence N. 25°08'52" W. 1224.93 feet to a point in the center of said road, thence N. 72°06'49" E. 46.87 feet, thence 199.62 feet along the arc of a curve to the left, having a radiusgof 1891.55 feet the chord of which bears N. 69°06'35" E. i9h9n.71 kee 6°05'00" E. 158.10 feet along the center of said road to ece the point of beginning. COUNTY OF GARFIELD STATE OF COLORADO =LEIS with the following; water rights .1348 eubic toot of water per second of tune fiom the Staton Ditch (Priorities Nos.. 33A, 37A and 113) -as decreed in the District Court within and Tor Water District. No. 38. 3i1 water rights in the Mfason Ditch (Priority No. 110) as modified in and subject to tte provisions of Water Use Agreement dated December 1, 1978, and recorded in Book 519 at Page 811 as Reception No. 290501 in the office of the Garfield County Clerk and Recorder. All water rights in danestic water well on Property aR evidenced by water well permit No. 121659. (NOTE: The conveyance of water rights herein shall not be subject to any of the covenants or warranties contained in this deed.) Kinney Application for Minor Subdivision Review SUPPLIMENTAL INFORMATION SUBMISSION # 1 theSTEVENSg ra l_i p, i n c . August 18, 2016 Glenn Hartmann Garfield County Community Development Department Via Hand Delivery Development Logistics Planning and Design Specialty Housing Markets (970) 319-0699 0155 Maroon Mesa Road Carbondale, Colorado 81623 tstevens@stevensgroupinc.com Re: Kinney Application for Minor Subdivision Review Glenn, Attached is the additional information you requested for the above referenced application. Specifically, in response to your letter in the order in which you have outlined: 1. Attached is a communication from the property owner regarding her meeting with a County employee at the Recorders office. 2. A new Vicinity Map has been added to the engineer plans, sheet 3 of 3 and attached hereto. 3. I have had Wright Water Engineers prepare an assessment of physical water supply for the property and the proposed two additional lots. See attached report. 4. Existing and proposed waste water information has been added to Sheet 1 of 3 of the engineering plans. See attached. 5. The only utility to be serving the property is electric. Attached is a "Will Serve" letter from Russ Winder of Holy Cross Energy. See attached. 6. The current deed for the property has been attached hereto. 7. I would like to meet with you to discuss the history of the property at your earliest convenience. 8. I have added the vertical and horizontal alignment of the proposed driveway to the Site Development Plan, attached hereto. This has been designed to comply with County standard for driveways. Essentially, the drive will intersect County Road 100 at a 3% grade, transition to a 10% grade at its steepest point. Width of the driveway will be 12 feet with 2 feet wide shoulders on each side. It is currently anticipated that the driving surface will be gravel Glenn Hartmann August 18, 2016 Page 2 Please contact me as 1 would like to meet with you to review this inforrnation as well as the history of the property. Thank you, Tom Stevens The Stevens Group, Inc. Attachments: Mineral rights letter Engineering Sheet 3 of 3 with Vicinity Map Letter from Wright Water Engineers regarding physical water supply Engineering Sheet 1 of 3 depicting OMITS information Will Serve Letter Deed Site Development Plan with driveway alignment April 22, 2016 Torn Stevens 0511 Maroon Mesa Road Carbondale, CO 81623 Garfield County Community Development Department: RE: Completeness Review Kinney Minor Subdivision (MISA-04-16-8440) Dear Tom Thank you for the detailed submittals you have provided on behalf of Cynthia Fox for the Kinney Minor Subdivision Application, Our completeness review included input from the County Attorney's Office and has identified a several items that need to be addressed or clarified prior to a determination of technical completeness. Please respond to the following items: 1. For mineral rights ownership the application references the deeds for the property. A clarification needs to be provided with a list of mineral owners and a description of how the research was completed. 2. The vicinity map included on the plat does not meet the submittal requirements. It should be reformatted to an 8" x 11" size to allow attachment to the public notice and include areas within approximately 3 miles. 3. The water supply plan does not adequately document the legal, physical and adequate (quality) water supply for the proposed lots. Please contact me for more information on this item. The proposal to delay drilling and testing of the new wells to after potential approval by the County but prior to filing the plats will require a formal waiver request. The water supply plan needs to address all three of the proposed lots. 4. The waste water management plan needs to be updated to include information on the OWTS (ISDS) for the existing home along with general infonrnation on the percolation test locations for the proposed lots and anticipated location for the leach fields. This information can be included on the site plan and has some bearing on future options for locations of domestic water wells. 5. Will serve letters for other utilities such as electric should be provided or other evidence of ability to serve the proposed lots (i.e. email communication). 6. The County Attorney's Office has requested copies of any Title Work ori the Property. This will allow review of any lienholders, ensure that all easernent are shown on the plat, arid assist with mineral rights research. 7. Please contact me regarding the history of the property to clarify the legal description which includes two parcels and a past subdivision exemption that appears to have been approved in 1975 for the property. Narrative statements or commitments for future design can address most of the preliminary engineering topics (waivers may need to be requested). However, more detailed information needs to be provided on the access driveways to ensure code compliance. Typical cross section details and basic engineering representations should be adequate to confirm compliance with width, grade, curve radius, and drainage ditches/shoulders. A follow-up meeting or telephone conference with staff is recommended to clarify any of the above items including whether waivers from standards and/or submittal requirements need to be requested. Once the above topics are addressed we can finalize our completeness review and schedule a date for your Director's Decision, Please note that the Garfield County Land Use and Development Code requires that the technical con-rpletertiess issues be resolved within 60 -days of the date of this letter, otherwise the application will be deemed withdrawn unless a request for extension is submitted and approved. look forward to addressing the completeness items as quickly as possible and moving forward with your review process. Sincerely, Glenn Hartmann Senior Planner Tom Stevens From: Cici Fox <cicifox007@gmail,com> Sent: Wednesday, May 04, 2016 5:49 PM To: Tom Stevens Subject: mineral rights 1-li Tom 1 found out from the county that the mineral rights were reserved and patented with Jean Good, formerly Jean Brown in 1923. The county lady sat there with me and said that is what they would need. Let me know if it works. c 1 Wright Water Engineers, inc. 818 Colorado Avenue, Suile 307, P.O, Box 219 Glenwood Springs, Colorado 81802 (970) 945-7755 TEL (970) 945-9210 FAX August 17, 2016 Via EnnaiI.: tstevens(e4steveusgranpinc.com Tom Stevens Stevens Group Inc. 155 Maroon Mesa Rd Carbondale, CO 81623 Re: Water Supply Evaluation for the Kinney Minor Subdivision Dear Tom: wuw.wrlghtwater,com e mail; jkeliygwrightwater.com Wright Water Engineers, lnc. (WWE) was asked to evaluate the availability of the physical water supply for the Kinney Minor Subdivision at 1000 Cattle Creek Road in Carbondale, Colorado. We understand that the property is being subdivided to allow for two additional single-family residences to be served by onsite wells, There are currently two wells on the property with one additional well proposed. The legal water supply for the Kinney Minor Subdivision is being provided pursuant Contract No. 644 with the Basalt Water Conservancy District, Exhibit B of the contract provides the water requirements for the 3 single-family.residerxces and up to 5,000 square feet of lawn irrigation (attached). As shown in Exhibit B, the maximum monthly water demand is 0.166 acre-foot during the month of June, which equates to 1,800 gallons per day (gpd) or 1.5 gallons per minute (gpm). Typically, the pump is not configured to pump 24 hours a day, but rather a few hours per day combined with storage to meet peak water demands. As an example, the 1,800 gpd could conceivably be provided by 4 hours of pumping at a rate of 7.5 gpnn. It is also important to note that the water demand is for all three lots and not just the -two proposed lots. Since each lot will have its own well, this demand will be spread over three wells distributed within the property boundary. To complete our analysis, WWE researched available information on wells in the vicinity of the Kinney property, including the original Kinney Well (permitted under Dowdy) and the newly constructed Site 2 Well. WWE also obtained the geologic mapping for the area in which the surrounding wells are completed. Figure 1 shows the well locations obtained from Colorado Decision's Support System (CDSS) for wells completed in the vicinity of the Kinney property. WWE compiled the available information from the surrounding completed wells, including the depth, formation; and pumping test data. Table 1 summarizes these data. In addition to the Kinney Site 2 Well (Permit No. 78591-F), there was also useful well data available for nearby wells permitted to Zucco, Crynnble, Barksdale, and Bellinger. Based upon the well construction report for these wells, the wells are all completed in the Cattle Creek alluvium with at least of 10 feet of saturated thickness. The alluvial material is represented on Figure 1 as Qac (alluvium and colluvium) with some areas having overlying younger debris -flow deposits (Qdfy). Unfortunately, DENVER DURANGO (303) 480.1700 TEL (303) 480-1020 FAX (970) 259-7411 TEL (970) 2598758 FAX Tom Stevens August 17, 2016 Page 2 none of the wells have undergone rigorous pumping test; however, there is salient data provided by the airlift test performed following construction of the well. There were four pumping tests that included the final water level in the well at the conclusion of the pumping test. These four wells were pumped at rates between 35 and 40 gpm for a duration of 2 or 3 hours. Three of the four wells showed final water levels equivalent to the static water level in the well, indicating little to no drawdown associated with high rates of pumping (35+ gpm). The fourth well showed a drawdown of 6 feet following pumping at 40 gpm for a duration of 2 hours. While this test indicates that the 40 gpm pumping rate may not be sustainable,. that rate is far in excess of the 125 to 7 gpni rate needed to supply all three lots within the Kinney Minor Subdivision. Based on our evaluation of the availability of alluvial groundwater to supply the three lots in the proposed Kinney Minor Subdivision, the Cattle Creek alluvial aquifer can easily yield the necessary flows to meet the project needs. Both of the existing wells are completed in the alluvial aquifer, and it is assumed that the last well will be as well. In addition, the alluvial aquifer receives substantial recharge from Cattle Creek itself as well as the irrigation ditches that irrigate the valley bottom. Please do not hesitate to call if you have any questions regarding our findings in this letter. Very truly yours, WRIGH W TER ENG NE „y, INC. By Attachments: BWCD Contract Exhibit B Table 1 Figure 1 cc: Cynthia Kinney Z \WW E11 G l.Of 9\UOO DocsU.innioy Water Supply.doox Jon:: an M. Kelly, P.'. Sen or Water Resources. "ngineer 1 5. Tr 0 Y� 000000000000 a h eu m »IA UI trt 0to !11 re. 1•••rm 0 C� Q 0 0 0.9 p a© CI ci 666 Ri o 0 60 ci J to- �q a 666666666666 6666660,66066 O 0 060.0060666a ro 0 00 0 0 6 0 660666 u1 u7 v v1 +43, ror in W P H ri e b n es cy o 0 e3 u ra 6660 0 CJ ©- o 4 0 064 ti 4 A To J try 1— 8188f V '+t Xrk"�12 r C9 F' 000000 d o deicisi 4,1 g 0 C?C»Mt5 R aM 666006660060 Mh i"1ti r'M R§ 6666606 el 6 c:1 ci 0 a 0 N O 88§ 8288888 Gja GQ0.,R ?4e7 606660600000 0 G 0 4.-0. 0. 0. 00 . 604646666666 n 6 z reo Tet 8 (11- 1,1 '1in 0 01 W • 0 Q th EXHIBIT B N 3 G i0 9 P. I ve N 66 v 7; c ■ c 0 U _ Well Test Data ! Pumping Duration (hrs) NI wmawr- w Pumping Rate (gpm) 2 ?®92%§21-2 Final Water Level (Depth in ft) \ QG2 Static Water Level (Depth in ft) N %22/2&/$ Screened Formation $ \ > 0 Boulders, Sand, Gravels Cobbles, Rocks, Gravels Boulders, Sand, Gravels Boulders, Sand, Gravels Gravels, Clay, Sand / EJ. 0 ° > 0 Screened Interval (Depth in ft) 40-50 _ 00 7/J7GGv/ n('C))0 - LC) C)00 LO a_ 3k 85 0 40 1 ?-$¢532g ( 0 Dowdy. Pat (Kinney) Kinney, Cynthia (Site 2 Well)_) Kinney, Cynthia Zucca, Jesse Crymble, William E £ ®6 \ �co _ \ t Barksdale, Clifford Burkett, Bobby Moss, Patricia \ 2 Seubert, Brett Permit No. (0 -,¥ $2 1 961 - \ 1 53744 }//\ w/$% »ter 2 1 25217 \ k 7 2 \ } § h 7.11NINP1R1-Mq1CHICIAriariMan_mxci June 27, 2016 3799 HIGHWAY 82 • P,O, DRAWER 2150 GLENWOOD SPRINGS, COLORADO 81602 (970) 945-5491 • FAX (970) 945-4081 RE: 1000 County Road 113 Dear Tom: The above mentioned development is within the certificated service area of Holy Cross Energy, Holy Cross Energy has existing power facilities located on or near the above mentioned project. These existing facilities have adequate capacity to provide electric power to the development, subject to the tariffs, rules and regulations on file. Any power line enlargements, relocations, and new extensions necessary to deliver adequate power to and within the development will be undertaken .by Holy Cross Energy upon completion of appropriate contractual agreements and subject to necessary governmental approvals. Please advise when you wish to proceed with the development of the electric system for this project. Sincerely HOLY CROSS ENERGY fr Russ Winder Manager of Construction Engineering rwinder@holycross.com (970) 947-5443 A Touchstone Energy° Cooperative _ n 077 I I • ,1 i is- Ita4aaded at 1 o'elack m. DEC � 89 sy�� i 1llccPk oa Nn. rP h v. + RerCrd4G f 6F3 Nan4 ) WARRANTY DEED THIS DECO, Kik lel•, 7th day ar 'We rber IV bJ , It4twoon Jnmwi A. Good end dean M. Good u lw •Cuunty of +garri.eld Stone of Cnlnmdu, grantor, and Strcipher, 0. Kinney and Cynthia A. Kinney bre, 71989 GARFIE1.D Sato Don. Pea � 5"d !Amu u Iegal ailuro:: Is P.0. Box( 18197 Basalt, CO 81621 of the County or Garfield and Ride of Colorado, ;ironical: WITNESS. dein the granlnr, fir and In consideration of Ma 3131411.r Ten Dollars and other good and vzallltxble consideration =--_.,.,..w-o-1 I)0II4Aln8. ill tureipi And otiflieicncy or which is ittithy ott:nnwl,:itgcd, Inn gnnrccl. bargained. sold and aomeyed, and by (hese presents dons grant, bargain, licit. aoavoy arid confirm timothy goutIves, Moir halm and assigns furescr.nul in toimnry In common but lo joinilLfl army, niI lllc teal gingerly, together OM Intpratenw iiia, Ifany, situate, tying and bring In iltt County at Garfield ami Start a!• Cnlar,do, dcserilscti u+ follows; SVe attached Mthibit A olio known by strut and number to 1000 -• 113 '{oat] latbontdale, CO 811323 fOGE 1'11ER toils ell and singular Ilse hereditamenis and upputtenarccn thermions belonging, or Inanywtse appertaining and the r`verslurt and reversions, tcntnindcrand a:nsafndus, scats, lsststs nttd wide thertor, and nil the estate, right, title, inIer.nst, claim and demand whntsacscr of the grumnr, either in I:w on equity, of In and to tilt Gbawa tinfpnined.rdcMISOn. with the hnrbditamwrita And appurtenances. TO NAVEAN[i TO HOLD the mid pn:miies nbovc bareclned and described, with the Lipp!! nen trnla Ihn grantees, Melt heirs and ttsslgns finumr,.And thvgtnntar, inrhimself, h1t heirs and personal rtprescnlathts, dnn aregunt, grant, hatgein and op= goon!' wlilithe grantees, lhelchelmand assigns, Mai nt 1h -clime of thcensailing and delivery of thus ptesents.its isw ill seized of the premises Alum ctmtvyd, his pond, nurg, perfect, absolute rani indefeasible aslant of Inheritance, In low, In Fen simple, and has good right, full powertraillawlli[nuthurltytolocant,ba€gain,[ tell and convey the same In manner and femi oforesuld , old ihat die seine aro frac and clear from ail Hnukr am' tnhtr'rrnis, bargains, sales, liens, taxes, meanacnis, encumbrances and resirictluns of whatever OW or tsiIuro soywrn scapi ensef tntS, l'estricti.ons, reservations and. rights of way, all of record, and real property taxes for the year 1989, net yet due or payable. The bonnier shall and will WARIIANT AND FOR1'svr_R DEFEND rite nbuvobargaintd promises In the quiet and peorcablo possession of Chu makes, their heirs and assigns, egalrttl all and nosy person or groans lawfully claiming rho whole or arty pail 1 thctoof, The singular number shall include the plural, the plural the singular, uod the me of any Benda shall be applieeblc la nil gerafats. IN WITNESS 1VIICRCOP the grantr hes exccuttd thla reed un the data rei fanh aba's. STATE OF COLORADO County of Garfield The 11mlgohrg Instrument was acknowledged !afar mu Mk by +loris 4, Good and ,lean M. Good 4 i I.011 lam, SEXTAN 1 'if In fkrtlCF;�,` bay �ls� Na.911A., Iltt, 345. WAfl lMfl 4 nano M id& TINAtat [trruf�rds•rbtrdltc. nil soar, a, . Urssu• r:u ta.nt -1.111$1 24!.1510 - r.sr an M. Good 7th day of Decetthetr , l9 89, Wi{nets lit hand Sad official st,d My Cnnrnds.tssneaphcs ,Tulle 5 c see 413.80 laIBrr A PARCEL A $n,1 7 s f >;4.41. A Parcel of 1anci situl;ed in Lot 7 of Section 17 and J.n the SANE4 of Section 17, Township 7 Soutar, Range U13 Weer, of the 6th P.M., lying Southerly of the center of a County Road as constructed and in place and Northerly of the East -Nest centerline of said Section 17, said Parcel of land is described as follows: Beginning at a :mint in the center of said road, whence an iron post with a brass cap, found in .place and properly marked for the forth Quarter Corner of said Sectioh 17, bears: N. 03°16'12" E. 1634.94 feet; thence S. 25°011'52" E. 1224,93 feet to a point On the Fast -West Centerline of said Section 17; thence 1, E39°38'31" W. 956.64 feet along said centerline; thence N. 04°53'53" W. 2105.14 feat to a point in the center of said toad; thence 128 02 feet along the arc of a curve Le the left, having a radius of 098.65 feet, Lhe chard of which bears: S. 81°54'1.6" E. 127.66 feet:; thence S. 69°15'22" E. 25:1.53 feet along the center of said road; thence i54,b8 feet along the arc of a curve to the left, having o radius of 475.90 feet, the chord of which beats N. 81°26'24" E. 154.20 feet, to the point of beginning. LPARCEC, B A Parcel of land si eua.t:ed in, Loh 7 and in the SeNNi3a, all in Section 17, Township 7 South, Range B8 Neat of the 6th P.M. lying Southerly of the center of the County Read, as censteucLed and in place, and Northerly of the 1 aeh-Hest Ceni:e:r1ine, of said Section 17, said Parcel of land is described as Follows: Beginning at a point .in the center of said road, whence an iron past with a torose cap found in place and properly marked for the North Quarter Corner caf said Section 17, bearer N. l0°47'12" t' 1509.26 feet, thence S. 01°07'50" E. 544,85 feet, thence N. 89'37'21" E. 330,00 feet; thence S. 19°00'21" F. 760.16 feat to a point an the East -Hest Centerline of said Section 17; thence N. 89°78'31" W. 443.52 feet along said Fast, -Test Centerline; thence N. 2548'52" W. 1224.93 feet to a point in the center or said road; thence N. 72'08'09" E. 46.137 feet; thence 199.62 feet along the arc of a curve: to the left, having a radius {6foof h1691.55 feet the chord of which bears N. 69'06'35" 2. itae fV @ °05' 00" E, 156.10 feet along the center of Bald rcraci to the point or beginning, COUNTY Up GARFIELD STATE OF COLORh J0 TOCUMI IER with the fol1cxving water righLs: 1348"eubia loos: bf water per second of time from the Bteton Diteh (Priorities ?Vas. 33A, 37A end 113) as deemed in the bistrict, Cour. t: within and for Water ilistriet.No. S8 All water eighth in the Mason Ditch (Priority 'io. 110) is n cli'fied in and eub eat to the provisions oe Water Use Agrement dated fecenber 1, 1978, and recorded in Book 51e et Page 811 as .Reception No. 200501 in the office of the C;arfield County Clerk and Recorder. All water rights in domestic water well on property DS evidenced by water well permit No. 1.21659. (NOM The c;onveyene of water riecats herein shall not be mu».ject to eny of the covenants or sura^ranl:1es contained in this deed.) Kinney Application for Minor Subdivision Review SUPPLIMENTAL INFORMATION SUBMISSION #2 The following supplemental information is being provided at the request of the Planning Office and is in addition to the land use application and the supplemental information package number one previously submitted. An electronic file has been provided that includes the original application, supplemental information package number one and this supplemental information package number 2.as well as hard copies. SUPPLEMENTAL INFORMATION PACKAGE # 2 Mineral Rights Mineral rights for the subject property were researched at the Garfield County Clerk's office, With the help of the County Clerk, all recorded documents were reviewed including deeds and conveyances. This research showed that Jean Good, formerly Jean Brown reserved and patented the mineral rights in 1923. No additional records were discovered. Existing Well One existing well is located on the property. It is located approximately 100 feet down the driveway from Cattle Creek Road and to the right side of the driveway (see Existing Conditions Map, Sheet 1 of 3). This well has served the existing residence since it was built and the entire time the Applicant has owned the home (approximately 27 years). For the purpose of this application, the existing well has been tested for flow, recovery and water quality. Flow was excellent, measuring 31 gallons per minute, drawing the water elevation down only approximately 2 inches in four hours. A copy of the test report conducted by Samuelson Pump is attached hereto_ Zancanella Engineers drew a water sample at the time of the pump test. Due to the extensive list of materials the County requires to have checked, this test will take additional time for the lab to complete. Upon completion, a copy of the lab report will be provided to the County. A waiver for submittal requirements pursuant to Code Section 40202 has been submitted herein. Proposed Wells In addition to the one existing well, two wells are proposed, one each for the two proposed lots. As has been previously demonstrated in the land use application and supplemental information package number 1, the applicant has secured legal supply of water and the ability to drill wells for each proposed lots. Additionally, proof of physical supply of water has been provided by Wright Water Engineers in a report contained in Supplemental Information Package #1, Pursuant to Code Section 4-202, the Applicant requests a waiver for submittal information of the well reports and water quality reports for the two proposed wells. This waiver can be found in the supplemental information package (Waiver Requests). It is the preference of the Applicant to obtain approvals before incurring the expenditure of drilling the welts. Once approvals are obtained, but prior to recordation of the plat, the wells will be drilled and tested and all reporting provided to the County. Existing On Site Waste Treatment System The existing house is served by a septic tank and leach field. This system was installed at the initial construction of the home. It was replaced approximately 18 years ago by the applicant. A 1,500 gallon, two compartment fiberglass tank was installed. This leads to a leach field comprised on beds of 4" perforated pipe bedded in screened rock. The system was adequately sized for a house of this size and has performed without fail since installed. Proposed On Site Waste Treatment Systems It is anticipated that at the time of submittal for building permit for each home on each proposed lot, a plan for and OWTS will be provided. This system will likely be made up on a septic tank leading to a leach field. The tanks will be sized according to the size and program for the proposed houses. Also, the leach fields will likely be made up of a 4" pipe leading to a manifold to multiple lines of perforated pipe contained within Infiltrator Chambers, again, sized to accommodate any proposed house size and program Vicinity Map The Vicinity Map has been revised to reflect the Applicant's property boundary. A new 24" by 36" plan has been provided herein as well as an 8 i" by 11" version. Parcel A and Parcel B The deed created at the purchase of this property on December 7th Of 1989 identified Parcel A and Parcel B. The draft Plat Map provided with this application identifies those two parcels since they are ori the deed. At no time since the purchase of this property in 1989 has a plat been filed creating two lots and as such these lots are now be considered as merged into one lot and serve as the fathering parcel fort this application. Proposed Access Driveway The proposed access driveway complies with the applicable Garfield County Standards in width, shoulder width, gradient and intersection with the County road as represented on the Site Development Plan, Sheet 2 of 3. Additionally, this driveway will cross Cattle Creek. This creek crossing will be accomplished by either a concrete pre cast, three sided box culvert or a steel culvert, either sized to accommodate all high water events of Cattle Creek. Final driveway design including the culvert design for Cattle Creek will be submitted with the building permit package. Applicant The Applicant is Cynthia Kinney_ The deed to the property is listed as Steve and Cynthia Kinney. The two divorced in 2013 with Cynthia keeping the subject property, and while Cynthia's legal name continues to be Cynthia Kinney, she prefers to go by Cynthia Fox. Within the application for Minor Subdivision, there are occasions (Letter of Authorization to Represent) where she is listed as Fox and other occasions where she is listed as Kinney. Please accept both names for the purpose of this application. WAIVER REQUEST — Water Quality Test Report for the Existing Well Pursuant to Section 4-202 of the County land use code, the applicant is requesting a waiver for the water quality test for the existing well. The test has been completed but the turnaround time from the lab in Steamboat Springs did not allow for submittal with this supplemental information package. As soon as this report is provided to the applicant it will be forwarded to the County. It is expected in mid—October. WAIVER REQUEST — Drilling and Testing of Proposed Two Wells Pursuant to Section 4-202 of the land use code, the applicant is requesting a waiver to defer drilling and testing the proposed two wells. This is a considerable expense and not one that the applicant wishes to incur until approvals are granted, given the inherent risk of not obtaining approvals. The applicant proposes that the wells be drilled and tested and test results provided to the County prior to recordation of the Plat establishing the two proposed lots. It should be noted that within the application, proof of legal water supply and the well permits for the two proposed wells have been provided. Proof of a physical supply of water for the two proposed wells has also been provided. This proposal/request for waiver allows for the County to review the data on the proposed wells once they are drilled and tested, but prior to recordation of the plat and the legalization of the two proposed lots. Therefore, no risk is placed upon the County in granting approvals of the proposed Minor Subdivision nor allowing the recordation of the Plat, I 11t1STEVENSgrotip,il its. December 13, 2016 Glenn Hartmann Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Kinney Minor Subdivision Glenn, Development Logistics Planning and Design Specialty Housing Markets (970)319-0699 0155 Maroon Mesa Road Carbondale, Colorado 81623 leveri5@srwr-:nsgraupine.corn Based on our recent discussions, I would like to offer the following clarifications/revisions to the Kinney Minor Subdivision review. Given the complexity of responding to some of the referral agent comments and the requirement to bring in outside consultants, the Applicant requests an extension for the December 16 Director decision. Although the response information is being submitted prior to December 16, it is anticipated that the County's review of this information will take time and therefore the December 16 date would need to be extended. It is the intent of the Applicant to complete any and all required improvements prior to the recordation of the plat. Therefore, it is our understanding that security would not be required. Assuming a conditional approval is granted soon, we would like to request an extension for recording the plat so any and all required improvements can be made first thing in the spring rather than in the winter. The standard 90 days would require completion yet this winter so an additional 90 days would be beneficial. The access to Lot 3 has been revised and now does not require a new driveway through Lot 2, then through Lot 1 and crossing Cattle Creek. Instead, based on a current non— exclusive easement, Lot 3 will be accessed from the existing shared driveway directly to the building envelope. As such, no new shared driveway is proposed. This has been represented on the revised Site Plan, attached. We are receipt the Referral Agent comments on the above referenced project and offer the following responses. Colorado Geologic Survey Debris Fan and Debris Flow Hazard It should be noted that the County Hazard maps provided by the Community Development Department do not show geologic hazard on the area of the property proposed for development yet the Colorado Geologic Survey (CGS) mapping does. Given the fact that the CGS mapping does identify a debris fan and debris flow hazard in the area of Lot 3, we have hired HP Kumar (formerly HP Geotech) to visit the site and make a determination as to whether or not they agree with the CGS mapping and if so recommend mitigation measures. Dan Hardin with HP visited the site and did agree with the CGS mapping that the area around Lot 3 did contain a young debris fan. However, he felt the area of the building site was absolutely buildable and would recommend a small berm to insure any possible flow would remain in its existing channel. He also recommended keeping all development as far as possible to the west. For this reason, the building envelope for Lot 3 has been revised. It is now smaller and eliminates the building area at the far east of the first envelope. He has provided a letter to this effect which has been attached hereto. Subsidence Prior to the design of a foundation system and therefore prior to the submission for a building permit, a geotechnical evaluation will be conducted on the sites. This evaluation will recommend foundation design parameters which will be adhered to in the foundation design. Cattle Creek Flood Zone, Erosion, and Setback The building envelope for Lot 2 has been located outside the mapped flood hazard zone. The reference in the CGS letter to the topography being too low is correct and it appears to be miss labelled, representing an elevation that is 500 feet lower than reality. The topography and the flood hazard zone are correct, just the labelling of the topography being incorrect. A survey of the area will be conducted to create accurate elevations to ensure no development occur in the flood hazard zone. This will be corrected prior to recordation of any documents. Soil and Bedrock Engineering Properties As previously stated, a geo technical report will be conducted prior to design of a foundation system for either Lots 2 or 3. Recommendations contained within the geotechnical report shall be adhered to in the design of the foundations systems and presented at time of submission for building permit. Additional concerns include unstable slopes in the southern portion of the site and corrosive soils The building envelopes for both Lots 2 and 3 have been located in a manner to avoid the steep slopes entirely. A subsurface geotechnical evaluation for each lot will be conducted prior to the design of the house foundation system. This report shall outline all measures for mitigation of any soils types including, if encountered, corrosive soils. Mountain Cross Engineering 1. It is the intent of the Applicant to complete any and all improvements prior to the recordation of the plat. Individual driveways, site grading including debris flow mitigation berms as in the case of Lot 3 are not subdivision improvements and not common to the lots contained within the subdivision and therefore will be completed with the respective home development. 2. Water quality, quantity and legal supply has been provided for the only existing well, the well at Lot 1. Once the wells for Lots 2 and 3 have been drilled, the corresponding information will be provided. 3. This comment is not clear 4. No longer applicable 5. There is an irrigation ditch that parallels Cattle Creek road and will need to be crossed by the driveway accessing proposed Lot 2. No ditch traverses proposed Lot 3. Lot 1, the fathering parcel will maintain all ditch rights. 6. This is no longer applicable as the common access has been eliminated. 7. If it is determined that an access permit is required for the driveway at Lot 2, one will be applied for once the actual driveway has been designed but prior to submittal for building permit. 8. It is anticipated that water supply will be consistent with all other homes being serviced by wells along Cattle Creek Road. and specifically Lot 1. Lot 1 was tested and yields approximately 30 GPM with minimal drawdown over a 4 hour period. Access the Lot 2 will be designed in compliance with all applicable Garfield County standards. Lot 3 will be accessed via an existing shared driveway to an intersection point where a new driveway will be designed specifically for Lot 3 to access the house from the shared driveway. Once again, this will be designed in compliance with all applicable Garfield County standards. 9. This application seeks approval for two homes and associated access. The homes are intended to be sized consistent with the neighboring properties and access will be by means of a new driveway for each lot but connecting to the County road for Lot 2 and an existing shared driveway for Lot 3. As such there is not a need for an excessively long driveway. If an example of a 100 feet long driveway was used for each lot, 12 feet wide, this would represent a 1,200 square foot modification per lot. Add to that the footprint of a 2,500 square foot, two story house, assume 1,500 square feet and the area of modification is 1,500 square feet plus 1,200 square feet per lot or 2,700 square feet. Both lots combined would then represent a total area of 5,400 square feet. This is so far below the 43,560 square feet referenced that it should not be an issue. 10. Due to the location of the building envelopes, drainage from improvements on these lots will have no impact on adjacent lots. Lot 2 will drain to Cattle Creek and Lot 3 will drain to the irrigation ditch just below the building envelope. 11. Again, a geotechnical analysis and report will be performed on each lot before design and submission for building permit Parks and Wildlife The first comment regarding the proposed road crossing Cattle Creek is no longer valid. The remaining comments are acceptable and will be adhered to by the property owners. Basalt Water Conservancy District The District had no comments. Garfield County Surveyor See attached response from Hans Brucker, Pinnacle Design, to the Surveyor comments. Garfield County Vegetation Management Given the impeccable condition of this property, the fact that it is maintained as a horse facility and as such is aggressively maintained, the Applicant feels the request to produce a noxious weed map and list of all noxious weeds is too onerous. If the County would like to tour the site in an effort to try to identify.,any noxious weeds that would be acceptable. Colorado Division of Water Resources Their comments state that the permits for Lots 2 and 3 have expired and that Lot 1, although currently permitted needs to be re -permitted due to its inclusion in a subdivision. Paul Noto, an attorney with Patrick, Miller, Knopf & Noto originally secured the well permits for Lots 2 and 3 and will be taking care of updating those permits as well as re -permitting the existing well at Lot 1. It is anticipated that this will take upwards of two months. Due to this timeframe the Applicant requests this be a condition of approval to be completed prior to recordation of the plat. Thank you for your continued cooperation Mao' Tom Stevens The Stevens Group. Inc. Attachments: I -IP Kumar Report Pinnacle Engineering Report Revised Plan Set (3 copies) HPKUMAR Geotechnical Engineering 1 Engineering Geology Materials Testing 1 Environmental 5020 County Road 154 Glenwood Springs, CO 81601 Phone: (970) 945-7988 Fax: (970) 945-8454 Email: hpkglenwood@kumarusa.com December 13, 2016 Cynthia A. Kinney c/o The Stevens Group, Inc. 0155 Maroon Mesa Road Carbondale, Colorado 81623 tstevens@stevensgroupinc.com Office Locations: Parker, Glenwood Springs, and Silverthome, Colorado Project No. 16-7-632 Subject: Debris Flow Review, Lot 3, Kinney Minor Subdivision, 1000 County Road 113 (Cattle Creek Road), Garfield County, Colorado Dear Ms. Kinney: As requested, a representative of H-P/Kumar met with Tom Stevens and observed the subject site on December 9, 2016 to review the potential risk of debris flow at the proposed building area on Lot 3. The findings of our observations and feasibility of debris flow mitigation are presented in this report. The services were performed in accordance with our agreement for professional engineering services to you, dated December 9, 2016. We understand the preferred building area is located in the western third of the current proposed building envelope. Tom Stevens stated that the Colorado Geologic Survey (CGS) has identified the proposed building site as being in a potential debris flow area. Based on the Geologic Map of the Carbondale Quadrangle (Kirkham and Widmann, 1997) and our observations at the site, we agree with the CGS assessment. The alluvial fan soils are likely prone to collapse when wetted which should be considered in the building design. The site is underlain by Eagle Valley Evaporite bedrock which is associated with the development of sinkholes in this area of the Roaring Fork Valley. Debris Flow: The proposed building envelope for Lot 3 is located on the western side of a IHIolocene-age debris fan located at the mouth of a relatively small drainage basin (approximately 100 acres). The drainage channel is incised and located to the east of the building envelope. A low ridge extends down to the fan between the drainage channel and the building area. In order to reach the western two thirds of the building envelope, a debris flow event emanating from the drainage channelwould need to make a sharp left turn. Based on our experience with debris flows, this type of event would result in a dramatic slowing of the debris flow and deposition of most of the debris in the eastern third of the proposed building envelope. The resulting debris flow that might reach the western part of the building envelope would be primarily a "mud flood" consisting of mostly muddy water. We believe that a low earthen berm, 2 to 3 feet high above the existing debris fan surface, starting at the low ridge and extending northwest through Cynthia A. Kinney December 13, 2016 Page 2 the building envelope on the east side of the proposed building site should be feasible to protect the house from reasonably likely debris flow events. We recommend that the proposed residence be located as far west in the building envelope and as close as practical against the north -facing, steeper hillside slope on the western part of the debris fan to further reduce the risk of debris flow impacting the building area. Once building plans have been further developed, we should review the site grading plan and perform additional geotechnical evaluations as needed. Sinkhole Potential: The site is underlain by Pennsylvania Age Eagle Valley Evaporite bedrock. The evaporite contains gypsum deposits. Dissolution of the gypsum under certain conditions can cause sinkholes to develop and can produce areas of localized subsidence. Sinkholes were not observed in the immediate area of the subject lot. Based on our present knowledge of the site, it cannot be said for certain that sinkholes will not develop. In our opinion, the risk of ground subsidence at this site is low and similar to other sites in the area but the owner should be aware of the potential for sinkhole development. The recommendations submitted in this letter are based on our observation of the conditions observed at the site and our experience with debris flows and sinkholes in the general area. If you have any questions or need further assistance, please call our office. Sincerely, H -P% KUMAR Daniel E. Hardin, F.E. Rev. by: SLP DEH-Uksw Reference: Kirkham, Robert M. and Widmann, Beth L., 1997. Geologic Map of the Carbondale Quadrangle, Ga>fleld County, Colorado. Colorado Geological Survey, Open File Report 97-3. H -P % KUMAR Project No. 16-7.632 December 14, 2016 Mr. Glenn Hartmann Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 RE: KINNEY MINOR SUBDIVISION GARFIELD COUNTY SURVEYOR PRELIMINARY PLAT COMMENTS Dear Glenn; PINNACLE DESIGN CONSULTING GROUP, INC. 0805 Buckpoinl Road Carbondale, CO 81623 (970) 963-2170 Office (970) 704-0215 Fax The following are the final plat related referral comments from the Garfield County Surveyor, Scott Aibner, per his letter dated 11-09-16: For clarity, we have listed each of Scott's comments in italics with a brief follow-up response below. 1.) A note stating that the unit of measure for this plat is the "U.S. Survey Foot" shall be added. Response: A note stating the unit of measure is the "U.S. Survey Foot" has been added to the current plat version. 2.) Please provide ties and monument descriptions for the East and West % corners. Response: The final plat will show the ties and monument descriptions as requested. 3.) Identify all monuments found or set, particularly the exterior boundary corners. Response: All found monuments and monuments required to be set as part of the subdivision, will be identified on the final plat. 4.) The heading states this parcel as "being a portion of Parcel A and Parcel B". A reference to the reception number (408017) should be made in the heading or in the notes. Response: A separate note will be provided on the final plat referencing the aforementioned reception number. December 14, 2016 Mr. Glenn Hartmann Page 2 of 2 PINNACLE DESIGN CONSULTING GROUP, INC. 5.) Label the creek and nose by what means the creek was located and at what date. Response: The creek has been labeled on the current plat version_ The field surveyed creek location along with the date of the field survey will be stated on the final plat. Please feel free to give me a call if you have any questions or conunents. Sincerely, Hans E. Brucker, PE Pinnacle Design Consulting Group, Inc. 0805 Buckpoint Road Carbondale, Colorado 81623 HEB/heb December 14, 2016 Mr. Glenn Hartmann Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 RE: KINNEY MINOR SUBDIVISION LOT 3 ACCESS DRIVEWAY Dear Glenn; PINNACLE DESIGN CONSULTING GROUP, INC 0805 Buck Point Road Carbondale, CO 81623 (970) 963-2170 Office (970) 704-0215 Fax The Kinney Minor Subdivision application has been revised to eliminate the proposed shared driveway from Cattle Creek Road across Lot 2 and then crossing Cattle Creek to Lot 3. The revised plan is to access Lot 3 directly from an existing driveway which bisects Lot 3. This is possible by means of a non-exclusive easement. The existing driveway which will now serve Lot 3 also serves approximately 3 other residences and has for many years. The existing driveway does not meet current county standards for maximum gradient, with a small section being slightly greater than 12%, approximately 14%. However, there is a section of driveway as it intersects with Cattle Creek Road where the gradient lessens to approximately 3% for approximately 30 feet, allowing for vehicles to stop before accessing Cattle Creek Road. At this intersection point, site lines are sufficient along Cattle Creek Road. Due to the fact that this road has provided adequate service to multiple homes for several years, it is our opinion that it will continue to be adequate for the proposed one additional home site. This driveway is gravel and the width varies from 10 to 14 feet. i �Qt. % Lh., t, O. ._ 35088 m01 el V. /21i5116...**. .... '`., . •Br +P1 e onsulting Group, Inc. 0805 Buckpoint Road Carbondale, Colorado 81623 HEBfheb EXHIBIT H Water Rights, Water Quality Reports, Wells 1, 2 and 3 Well Permit, Quality and Quantity Report Lot One, Existing Well COLORADO Division of Water Resources Department of Natural Resources WELL PERMIT NUMBER 81162-F RECEIPT NUMBER 9504289 ORIGINAL PERMIT APPLICANT(S) CYNTHIA KINNEY AUTHORIZED AGENT PATRICK MILLER & NOTO PC PERMIT TO USE AN EXISTING WELL APPROVED WELL LOCATION Water Division: 5 Water District: 38 Designated Basin: NIA Management District: N/A County: GARFIELD Parcel Name: KINNEY MINOR SUBDIVISION Lot: 1 Block: Filing: SE 1/4 NW 114 Section 17 Township 7.0 S Range 88.0 W Sixth P.M. UTM COORDINATES (Meters, Zone:13, NAD83t Fasting: 306578.5 Northing: 4369149.7 ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This welt 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 wilt occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) Construction details for this existing well have not been provided to this office; therefore, it is not known if the construction of this well is in compliance with the Water Weil Construction Rules, 2 CCR 402-2. The issuance of this permit does not relieve the well owner of responsibility or liability in the event contamination of the groundwater source results from the construction or use of this well, nor does the State Engineer assume any responsibility or liability should contamination occur. 3) Approved pursuant to CRS 37-90-137(2) on the condition that this well is operated as an alternate point of diversion to the Basalt Conduit (if applicable per decree) and in accordance with one or more of the augmentation plans approved by the Div. 5 Water Court for the Basalt Water Conservancy District in Case Nos. 87CW0155, 93CW0319, 98CW0026/98CW0089, 01CW0305, if 02CW0077 (and Case No. 10CW0047 if in Area A-3 as described in decree), or operating pursuant to an approved substitute water supply plan. If this well is not operated in accordance with the terms of said decree(s) or SWSP, it will be subject to administration including orders to cease diverting water. BWCD contract #644 (amended). This well is known as Site 1 Well. 4) Approved for an expansion of use of, an existing well, constructed on an unknown date (estimated April 1, 1958), to an unknown depth (estimated 85 feet), and with pump installation on an unknown date (estimated April 1, 1958), all without a valid permit, being recorded and permitted for historic use (Registration of Existing Well) under permit no. 121659 (canceled). Issuance of this permit hereby cancels permit no. 121659. 5) Approved as a well on a residential site of 25.6 acre(s) described as lot 1, Kinney Minor Subdivision, Garfield County. 6) The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling and the irrigation of not more than 10,890 square feet of home gardens and lawns. 7) The pumping rate of this well shall not exceed 15 GPM. 8) The annual withdrawal of ground water from this well shall not exceed 1.04 acre-foot. 9) The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 10) 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. 11) This well shall be located not more than 200 feet from the location specified on this permit. 12) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of alt diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. NOTE: Parcel Identification Number (PIN): 23-2393-171-00-092 NOTE: Assessor Tax Schedule Number: R011168 (totaling 29.5 acres) Printed 07-28-2017 For questions about this permit call 303.866.3581 or go to www.water.state.co.us Page 1 of 2 WELL PERMIT NUMBER 81162-F RECEIPT NUMBER 9504289 Issued By DWIGHT WHITEHEAD Date Issued: 7/28/2017 Expiration Date: N/A Printed 07-28.2097 For questions about this permit call 303.866.3581 or go to www.water,state.co.us Page 2 of 2 State of Colorado Water Resources - View Well Details: Receipt 9114643 Page 1 of 1 Colorado Department of Natural Resources Colorado.gov I Contact Us 6aJ, collo �1W1 1L JJ ® f V �` r_r_t o r Colorado's Well Permit Search Wed Constructed Receipt: 9114643 Division: 5 Permit #: 121659- - Water District: 38 Well Name / #: County: GARFJFI D Designated Basin: Management District: Case Number: WDID: Help Last Refresh: 5/19/201412:01:14 AM [-1 Applicant/Owners History Date Range Unknown - Present Applicant/Owner Name DOWDY PAY EUGENE & PATSY] Address 1000 CO RD 113 City/State/Zip GLENWOOD SPRINGS, CO 81601 [-] Location Information Approved Well Location: Q40 Q160 Section Township Range PM Footage from Section Lines SE NW 17 7.05 88,OW Sixth 1850 N 2225 W Northing (UTM y): 4369149,7 Easting (UTM x): Location Accuracy: Spotted from section lines Physical Address City/State/Zip Parcel ID: 23-2393-171-00-092 306578.5 Subdivision Name Filing Block Lot Acres in Tract: 29.5 [-] Permit Details Date Issued: 08/21/1981 Use(s): DOMLb11C Special Use: Area which may be irrigated: 1 ACRES Maximum annual volume of appropriation: Date Expires: Aquifer ALL UNNAMED AQUIFERS (s): Statute: Permit Requirements: Totalizing Flow Meter Geophysical Log Abandonment Report No No No Cross Reference Permit Number Permit(s): Comments: Registration of Existing Weli, Limit to historic use prior May 8, 1972 being, 1 SED, 1 acre lawn & garden irrg, water stock/poulrty & fire protection. Tax #R011168. Phy address: 1000 CR 113, Carbondale, CO 81623, dmw 12/19/13 Receipt Description [-] Construction/Usage Details Well Construction Date: Well Plugged: Pump Installation Date: 1st Beneficial Use: 04/01/1958 Elevation Depth Perforated Casing (Top) Perforated Casing (Bottom) Static Water Level Pump Rate 85 15 [-] Application/Permit History Permit Issued Application Received First Beneficial Use 08/21/1981 07/20/1981 04/01/1958 [-] Imaged Documents Document Name Date Imaged Annotated Original Hie 12/05/2007 No Copyright CI 2009 Colorado Division of Water Resources. Alt rights reserved. Home 1 Contact Us I Help I Water Links I Colorado.gov 1 DNR Privacy Policy 1 Transparency Online Project (TOP) http://www.dwr.state.co.us/WellPerrnitSearcl-1/View.aspx?receiptt9114643 5/19/2014 P.O. Box 1900 1011 Grand Avenue Glenwood Springs, CO 81602 ZANCANELLAI 4N0 45500WTE5, [NC. ENGINEEAING CONSULT411Ts September 27, 2016 Cynthia Kinney CIO Tom Stevens Via email to tstevens@stevensgroupinc.com Dear Ms. Kinney: (970) 945-5700 (970) 945-1253 Pax Samuelson Pump Co. conducted a 4 -hour pump test on your well September 26, 2016 between 11:44 am and 3:44 pm. Recovery was monitored for 10 minutes following the cessation of pumping thereafter. We have summarized the pump test data below. This report is limited in scope to the well associated with Well Permit No. 121659. Well permit numbers 78591-F and 78592-F are also associated with the same parcel. The information in this report is intended to address the submittal requirements related to water supply set forth in the Garfield County Land Use Code Section 4-203 M. Well Location, Setting, and Well Permit The well is located on a parcel of land situated on Cattle Creek approximately one mile east of State Highway 82 in Section 17, T. 7S, R. 88W. as shown in Figure 1. Well Permit No. 121659 is associated with this well. The well is permitted as an exempt well completed prior to May 8, 1972. Exempt well permits of this type are permitted pursuant to C.R.S. 37-92-602(5) or 37-90-105(4). The permitted location of the well is within 75 feet or less of the actual location observed at the site. The permitted uses are domestic, fire protection, stock watering, and irrigation of up to one acre of lawns and gardens with an annual amount to be pumped of approximately 0.60 acre-feet. A copy of the well permit is attached. The well is located on a sloping hillside with positive drainage away from the well. The closet water body to the well is Cattle Creek located approximately 200 feet to the south at its closest point. Well Completion Well completion logs for the well are not available since the well was permitted as an existing well in use prior to May 8, 1972. Based on observations made at the time of the pump test, the well was completed using typical steel casing approximately 7 inches in diameter at the surface. The pump is set at approximately 60 feet below the top of casing. The well is located within a rectangular vault constructed of masonry block. The vault floor is approximately 5-6 feet below the surrounding ground surface. The top of well casing extends approximately two feet above the floor of the vault. We recommend that the well casing be extended two feet above ground level and a pitless adapter be installed. Puma Test The pump installed in the well was used for the pump test. The static water level prior to the pump test was 38.75 feet below the top of the well casing. This set up allowed for a maximum drawdown of approximately 21 feet. The pump test began at 11:44 am on September 22, 2016. Pumping ended at 3:44 pm on the same day for a total elapsed time of four hours. The measured flow rate from the well was 31 gpm and was checked intermittently throughout the test. Before the test began, a pressure transducer equipped with a data logger was placed in the well. The transducer measured the water level in the well every minute for the duration of the test. The well was also tested manually using well sounding equipment to verify the electronic data. A graph of the water levels is shown in in Figure 2. Manual measurements were used to confirm the data obtained from the transducer. A maximum drawdown of 0.97 feet was observed during the test. The water level recovered to within 94% of the static water level within 10 minutes following the cessation of pumping. Based on the pump test, we believe that the long term yield of the well is suitable for the permitted uses at the permitted rate of 15 gpm. The performance of the well observed during the pump test and its proximity to Cattle Creek indicate reasonable recovery of the well. Based on the pump test, observed recovery following the pump test, and proximity to Cattle Creek, we do not anticipate long term effects to groundwater levels in the area resulting from use of the well within its permitted uses. Water Quality Water quality samples were collected and shipped to ACZ Laboratories in Steamboat Springs, CO for laboratory testing. A sample was also collected and taken to the Snowmass Water and Sanitation District for bacteria testing. The results of this test were absent for total coliform and ecoli. The results for all additional analytes are pending. A list of the analytes is provided at Table 1. We will transmit the results as soon as they are available in October. If you have any questions, please contact our office at (970) 9455700. Very truly yours, Zancanella & Associates, Inc. f/drik ed Walter, P.E. Attachments z:12096 jobs11G505 1000 cattle creek roadlpump test report ,doox Page 2 of 2 WSJ -25-751 RECEIVED JUL 2 o 1QB1 TYPE OR PRINT IN BLACK INN. CDPY,OF AtC�PT'ED STATEMENT MAILED ON REQUEST. COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St. Denver, Colorado 80203 STATE OF COLORADO COUNTY OF GARFIELD (5S. RESOUnit MR unman osta AFFIDAVIT STATEMENT OF BENEFICIAL USE OF GROUND WATER AMENDMENT OF EXISTING RECORD X LATE REGISTRATION PERMIT NUMBER j21659 LOCATION OF WELL THE AFFIANT(S) PAT EUGENE rowDY and PATSY 1 DOWDY cou„ty Garfield whose mailing address is b • f R , 111 E IY t.,2. City Glenwood Springs , CO 81601 iST hrl1 f[IP) SES i c' the NWS v s«t at, 17 Twp. 7 S p, , 88 W 6th P M 114 OA $1 « Oli Mif being duly sworn upon oath, deposes and says that )q (they) /(fl(are) the owner(s) of the well described hereon, the well is Iocoted as described above, at distances of approx.18500et from the section Zine andaPP ox.2225eet from the tuom,. Oi SOUTH! West= section line; water from this well was first applied to o beneficial use for the purpose(s) described herein on the _1st Icsls QA wise) day of April , 1958. ; the maximum sustained pumping rate of the well is 15 gallons per minute, the pumping rate claimed hereby is 13 gallons per minute; the total depth of the well is apprOz. 85eet; the average annual omount of water to be diverted is nx•11-6cre-feet; for which claim is hereby made for rirrlinary hr 1RPhnld Uses, fire the irrigation of 1 mpot e r I a w l� d Pntggtiorti the wateringof animals c the le a seri tion o t e an an which the water ram this well is u5'Cd is Mt; 11 ////%/fet aiik/iit'4/I44/4, el; is illustrated on the map on the reverse side of this form; that this well was completed in compliance with the permit approved therefor; this statement of beneficial use of ground water is filed in compliance with law;/}ph/ (they) F6J (have) read the statements made hereon; knows the content thereof; and that the same are true of IN (their) knowledge. ( Mf'LE"f'• `EVE 5E 5f�!~ A�T�H_IS FORM) y 4 Signoture(s) ,at . ug 7 Dowdy Pats / Doter Subscribed and sworn to before me on than /LGEL day of 'e , 19 L My Commission expires; Isr iLl / r.Os hs�Y 1"}o>ric i! l ACCEPTED FOR FILING BY THE STATE ENGINEER OF COLORADO PURSUANT TO THE FOLLOWING CONDITIONS: Crelfd iUt 21 1981 AsS1$Wlt DATE STATE ENGINEER Well drilled by Jack Ferguson Lic. No. Unkriowrt, Permanent Pump installed by Li c , No None Meter Serial No. ❑ Flow Meter Date Installed Owner of land on which water is being used Pat Eugene Dowdy and Patsy J _Dowdy THE LOCATION OF THE WELL MUST BE SHOWN AND FOR LARGE CAPACITY IRRIGATION WELLS THE AREA ON WHICH THE WATER IS USED MUST BE SHADED OR CROSS -HATCHED ON THE DIAGRAM BELOW. NORTH This diagram represents nine (9) sections. Use the CENTER SQUARE (one section) to indicate the location of the well, if possible. WATER EQUIVALENTS TABLE (Rounded Figures) An etre•foot covers 1 acre of land 1 foot deep. 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm). 1 acre-foot ... 43,560 cubic feet .. . 325,900 gallons. 1,000 gpm pumped continuously for one day_produces 4.42 acre-feet, 100 gpm pumped continuously for one year produces 160 acre-feet. (WHITE AND PINK COPY TO BE FILED WITH THE STATE ENGINEER PINK COPY WILL BE RETURNED TO OWNER) I + 1 + -. f + - J 1 f - f -F - I + - + _ WEST SECT + NORp -- SECTION -I1- LItIE -.- + --- } _z + J Z Q -} I - -+- _ .+ --.. + ITC' t- w th;:r + — 4 w 1 + — 1 I + I1 - + SECTION - + LiNrE + - ± --- -I- THE - + -- I SCALE OF THE + 1 DIAGRAM IS - -I- --- '1 Mile 1 TWO INCHES E - I DUALS ONE -MIL - + --- L E -t- - t I WATER EQUIVALENTS TABLE (Rounded Figures) An etre•foot covers 1 acre of land 1 foot deep. 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm). 1 acre-foot ... 43,560 cubic feet .. . 325,900 gallons. 1,000 gpm pumped continuously for one day_produces 4.42 acre-feet, 100 gpm pumped continuously for one year produces 160 acre-feet. (WHITE AND PINK COPY TO BE FILED WITH THE STATE ENGINEER PINK COPY WILL BE RETURNED TO OWNER) Z:12016 Jobs116505 1000 Cattle Creek Road11000 CCR.mxd Legend C) Well Permit Locations [11 Kinney Parcel 0 1,000 2,000 1 inch = 2,000 feet 4,000 Feet isakr tncn Permit No. 78591-F -'tL I1FJ11 �l sI.st, ( 20 26,_ ViichAty Map DATE: Sep. 26, 2016 DRAWN BY: JAW CI-IKD BY: TAZ AI'1'D BY: TAZ CLIENT: Kinney ZANCANELLA AND ASSOCIATES, INC. ENGINEERING CONSULTANTS pusT I)I]ij Icl: 1MX 19118- roll URAND AVENUE. II I.SNWOOD 519INOS_ COLORADO 1I WI11)75 5.15-57111) FIGURE: 1 PROJECT: 16505 1- m c_ em • q Lid M • ® 2 • 2 - U• / / pi @ w U ® ± / riaU 0 U k m U %! J ods =lag lanai ,&B7 9 GO, O rSr o0 a \ ) CO -0 0 cu a▪ s 0 o W\ 8 2 ni ZancanelIa & Associates, inc. ate was approx 31 gpm t duration of test. � I I Achieved 94% recovery of Max. Drawdown Within 10 minutes � \ l E I I i Maximum Drawdown = 0.97 feet End Pumping after 4 hours �.�--- ] Begin Pumping Test Static Water Level = 38.75 feet below T.Q.C. I I I k m U %! J ods =lag lanai ,&B7 9 GO, O rSr o0 a \ ) CO -0 0 cu a▪ s 0 o W\ 8 2 ni ZancanelIa & Associates, inc. P.O. Box 1908 1011 Grand Avenue Glenwood Springs, CO 81602 ZAUNCAINELL4 4ND 4550CL4TE5, IMC, ENGINEWING CONSUL.Tr41415 November 4, 2016 Cynthia Kinney C/O Tom Stevens Via email to tstevens©sfevensgroupinc.com Dear Ms. Kinney: (970) 945-5700 (970) 945-1253 Fax Attached is a summary of the water quality results. I am pleased to report there were no exceedances of the primary drinking water standards for the analytes tested. If you have any questions, please contact our office at (970) 945-5700. Very truly yours, Zancanella & Associates, Inc. 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E }. m 'c U° 0- c c ac c i Y t U 0❑ ° o m= m .c m 5. '� c -o o a -0 v C_ C m m m 71 -c0 0 0 m m 0 ,0 ❑ L .0 t >, ? 0 0 "' "• Y Y m 0 0 aQQ¢m m00C 0.2-J222ZfnviI— I0 0ITto0Zz ¢ ¢ 0 z -J aF(9C7itiC 0 E C D Or N 0) V 47 CO 1+ CO 010 N0) t 4710 0- CO 010 r N 170 u7 40 ti corn r N 4`7 V- 10 CO n 10 0) N N N N [V N N N N N c7 17 07 01 01 07 01 C7 07 07 Zancanella & Associats. Enc. Well Permit, Quality and Quantity Report Lot Two, New Well 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 LIC WELL PERMIT NUMBER 78591 -F DIV. 5 WD 38 DES. BASIN MD CYNTHIA KINNEY CIO PATRICK MILLER KROPF NOTO 229 MIDLAND AVE BASALT, CO 81621- (97D) 920-1028 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NE 114 Section 17 Township 7 5 Range 88 W Sixth P M. DISTANCES FROM SECTION LINES 2132 Ft. from North Section Line 2240 Ft. from East Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing. ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. Approved pursuant to CRS 37-90-137(2) on the condition that this well is operated as an alternate point of diversion to the Basalt Conduit (if applicable per decree) and in accordance with one or more of the augmentation plans approved by the Div. 5 Water Court for the Basalt Water Conservancy District in Case Nos, 87CW0155, 93CW0319, 98CW0026/98CW0089, 01CW0305, & 02CW0077 (and Case No. 10CW0047 if in Area A-3 as described in decree), or operating pursuant to an approved substitute water supply plan. If this well is not operated in accordance with the terms of said decree(s) or SWSP, it will be subject to administration including orders to cease diverting water. BWCD contract #844. This well is known as Site 2 Well. 4) The use of ground water from this well is limited to ordinary household purposes inside two (2) single family dwellings and the irrigation of not more than 2,500 square feet of home gardens and lawns, 5) The pumping rate of this well shall not exceed 15 GPM, 8) The annual withdrawal of ground water from this well shall not exceed 0.933 acre-foot. 7) The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 8) 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. 9) This well shall be constructed not more than 200 feet from the location specked on this permit 10) A totalizing flow meter 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: Parcel Identification Number (PIN). 2393-171-00-092,//�r f/s f Permit Expiration Date Extended to November 4, 2016 - AOT 10-26-15 APPROVED JSG ,Receipt No. 3666925A State Engineer By DATE ISSUED 11-04-2014 EXPIRATION DATE 11-04-2015 Zancanella & Associates. Inc. cal Primary =The threshold indicated is a Primary standard and Is enforceable on communitywater systems; Secondary = The threshold indicated is a non -enforceable standard on community water systems an is the suggested contaminant level to reduce health risks and/or improve aesthetic qualities of water such as taste, odor, and color. Private wells serving less than 15 connections or 25people are NOT considered to be community water systems and therefore not under the jurisdiction of agencies regulating drinking water such as the EPA and CDPHE. The community water system standards are presente Water Quality Results Kinney -Fox - New Well Status Pass 2 2 _ 14 as Pass Pass 12 Q m z a Pass Pass S4 m as Q 2 2 m m as a 2 z m a Pass Pass X 2 2 m m m aaa Pass Pass 2 E d Pass Pass g Z g Z a z Q¢ z a z z L a Si u 2 2 ri a 2 2 2 d 2 if Regulation121 Secondary z���r (010 EEEEEZEEFppE 'C 'ti a a m m ----c a a m¢ •'C a az m m C 'C a s a. a a m 6 '�- 0 a V) N/A Secondary Primary r3 Q m ZEoo C a a a U Z m m Prima Secondary z'(0a'az m m EEoEEEzz`z 'C O a -0 0(� "C m a V) m m¢ 'C a a Q Q¢ z`z`z g q Secondary Secondary za-2'a'2' m m EEEEE a a m m a a m a Threshold 0.05 - 0,02 o p 0 0 2.0 0.004 o Q ozo. r M -- 0.30 0.015 0 Q 0 o zoozo 0 Q o 0.10 N/A O 0 0 o o LD 0 n o naN�'- o v o o< u z [0p N < z N Q z WN Q Q= z z 0 m v 0 a� 01 CO 15.0 50.0 0 0 +n u7d I') The Detection Levefis the minimum concentration at which the analyte must be present to be detected by the laboratory testing method. Result of "u" = analyte not detected at level equal or above the detection level shown.( Detection Levelly) Result 0.001 0.005 0.0004 u 0,0005 ! 0.0008 0.003 I 0.047 0.01 1 u cr.> p4 0 _ Oo 0 0 O Y a8p 0 a p = _ to N CD = p a r a s m = aj N = = d = _ 220 0.69 I 0 = m 0 = = 920 991 W +n h , OD 0 0 0.0044 sake of reference for risk evaluation to human health and otheraesthetic qualities shown. Ie Hardness Scale: 0.00005 _0.2 r ON 0 a pN a o 2.5 0.02 rng/LasN 0.01 mg/t, as N 0.02 mg/L as CaCO2 2 mg/L as CaCO3 2 N o 0 0 N m CA E N a 0 0 N m CA E r 0 0 E 0 U N m -1 CO E Standard Units 0,1 mg/L 10 NCV _E. 00a a Units mg1L J J OI O1 EEEEEEEEEEEEEEE J J 0 O) J J CO O) J J O) OI J J co as J J J co O) O) J J OI OI mg/L mg/L J J J 1.3) O) 07 EEE mg/L as CN- mgiL Z J CA 1 J.. .d,q J J d¢ mg/L Analyte Category Aluminum _ _ _. IMetalsAnalysis_ f Antimony 'Metals Analysis Arsenic Metals Analysis Metals Analysis Metals Analysis () W T T m[ m m m l0 l0 vt N _T T m m Q Q 1.0_ w [0 —fig Metals Analysis Metals Analysis Magnesium ,Metals Analysis Manganese Metals Analysis Mercury Metals Analysis (Metals Analysis Motais Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry Radiochemistry Radiochemistry Radiochemistry Radiochemistry H y cQ N (0 N 0 120-200 >200 Barium Beryllium �EE m m 0000 E L O _J E U-- ZUl E 65 co � E a C— �N 0 Cyanide Fluoride ... (AZ Nitrite Total Nitrate and Nitrite Alkalinity, Bicarbonate H .' _Y Q 'Calcium Carbonate K U 2 U Ig o S` - v 0 02 pH Total Dissolved Solids Gross Alpha Activity Gross Beta Activity Radium 226 Radium 228 Soft Moderately Hard Hard Very Hard Zancanella & Associates. Inc. ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Report to: Cathy Queen Zancanella & Associates 1011 Grand Ave. Glenwood Springs, CO 81601 Project ID: ACZ Project ID: L41141 Analytical Report December 19, 2017 Bill to: Cathy Queen Zancanella & Associates 1011 Grand Ave. Glenwood Springs, CO 81601 Cathy Queen: Enclosed are the analytical results for sample(s) submitted to ACZ Laboratories, Inc. (ACZ) on November 13, 2017. This project has been assigned to ACZ's project number, L41141. Please reference this number in all future inquiries. All analyses were performed according to ACZ's Quality Assurance Plan. The enclosed results relate only to the samples received under L41141. Each section of this report has been reviewed and approved by the appropriate Laboratory Supervisor, or a qualified substitute. Except as noted, the test results for the methods and parameters listed on ACZ's current NELAC certificate letter (#ACZ) meet all requirements of NELAC. This report shall be used or copied only in its entirety. ACZ is not responsible for the consequences arising from the use of a partial report. All samples and sub -samples associated with this project will be disposed of after January 18, 2018. If the samples are determined to be hazardous, additional charges apply for disposal (typically $11/sample). If you would like the samples to be held longer than ACZ's stated policy or to be returned, please contact your Project Manager or Customer Service Representative for further details and associated costs. ACZ retains analytical raw data reports for ten years. If you have any questions or other needs, please contact your Project Manager. :ykLie i 4 Max Jariicek has reviewed and approved this report. i,� �-ar — 64 e L41141-1712191553 Page 1 of 21 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Zancanella & Associates Project ID: Sample ID: KINNEY-NEW Inorganic Analytical Results ACZ Sample ID: Date Sampled: Date Received: Sample Matrix: L41141-01 11/09/17 10:00 11/13/17 Drinking Water Inorganic Prep Parameter EPA Method Dilution Result Qual XQ Units MDL PQL Date Analyst Cyanide, total Total Recoverable Digestion Total Recoverable Digestion Metals Analysis M335.4 - Manual Distillation M200.2 IGP-MS M200.2 ICP 11122/17 14:02 12/05/17 13:08 kea scp 11/29/1710:04 aeh Parameter EPA Method Dilution. Result Qua) XQ Units MDL PQL Date Analyst Aluminum, total recoverable Antimony, total recoverable Arsenic, total recoverable Barium, total recoverable Beryllium, total recoverable Cadmium, total recoverable Calcium, dissolved Chromium, total M200.7 ICP recoverable Copper, total M200.7 CCP recoverable Iron, total recoverable M200.71CP Lead, total recoverable M200.8 1CP-MS Magnesium, dissolved M200.7 ICP Manganese, total M200.7ICP recoverable Mercury, total M245.1 CVAA Nickel, total M200.7 ICP recoverable Selenium, total M200.8 ICP -MS recoverable Silver, total recoverable M200.8 ICP -MS Sodium, dissolved M200.7 ICP Thallium, total M200.8 ICP -MS recoverable Uranium, total M200,5 ICP -MS recoverable Zinc, total recoverable M200.7 ICP M200.8 ICP -MS M200.8 ICP -MS M200.8 ICP -MS M200.7 ICP M200.7 ICP M200.7 ICP M200.7 ICP 0.006 u 1 0.0008 B 1 0.047 147 0.10 30.1 U U u u U U U 1 0.003 B 1 U 1 19.6 1 U 1 0.0044 U mg(L 0.001 0.005 12/08/17 21:17 mg/L 0.0004 0.002 12/08/17 21:17 mfm mg/L 0.0005 0.002 12/08/17 21:17 mfm mfm mg/L 0.003 mg/L 0.02 11/30/17 11:15 aeh 0.01 0.05 11/30/17 11:15 aeh mg/L 0.005 mg/L 0.1 mg/L 0.01 mg/L 0.01 mg/L mg/L mg/L mg/L mg/L mg/L mg/L mgiL mglL mg/L mg/L mg/L 0.02 11/30/17 17:27 dcm 0.5 12/05/17 23:20 dcm 0.05 11/30/17 11:15 aeh 0.05 11/30/17 11:15 aeh 0.02 0.05 0.0001 0.0005 0.2 1 0.005 0.03 11/30/17 11:15 12/08/17 21:17 12/05/17 23:20 11/30/17 11:15 aeh mfm dcm aeh 0.0002 0.001 12/04/17 18:33 sck 0.008 0.04 11/30/17 11:15 aeh 0.001 0.005 12/08/17 21:17 mfm 0.00005 0,0003 12/08/17 21:17 0.2 1 12/05/17 23:20 0.0001 0.0005 12/08/17 21:17 mfm dcm mfm 0.0001 0.0005 12/08/17 21:17 mfm 0.01 0.05 11130/17 11:15 aeh REP I N.02.06.05.01 "Please refer to Qualifier Reports for details. L41141-1712191553 Page 2 of 21 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Zancanella & Associates Project ID: Sample ID: KINNEY-NEW Inorganic Analytical Results ACZ Sample ID: Date Sampled: Date Received: Sample Matrix: 141141-01 11/09/17 10:00 11/13/17 Drinking Water Wet Chemistry Parameter EPA Method Dilution Result Quai XQ Units MDL PQL Date Analyst Alkalinity as CaCO3 Bicarbonate as CaCO3 Carbonate as CaCO3 Hydroxide as CaCO3 Total Alkalinity Chloride Conductivity @25C Corrosivity (talc.) Cyanide, total Fluoride Hardness as CaCO3 (dissolved) Lab Filtration (0.45um filter) Lab Filtration (0.45um) & Acidification Nitrate as N, dissolved Nitrate/Nitrite as N, dissolved Nitrite as N, dissolved pH (lab) pH pH measured at Residue, Filterable (TES) @180C Sodium Adsorption Ratio in Water Sulfate SM2320B - Titration M300.0 - Ion Chromatography S M2510B SM 2330 - CaCO3 Si M335.4 - Calorimetric w/ distillation M300.0 - Ion Chromatography SM2340B - Calculation 50PWC050 M200.7/200.8 Calculation: NO3NO2 minus NO2 M353.2 - Automated Cadmium Reduction M353.2 - Automated Cadmium Reduction SM4500H+ B SM2540C USGS -11738-78 M300.0 - ion Chromatography 260 mg/L 1 U mg/L 1 U mg/L 1 260 mg/L 5 14.7 * mg/L 1 920 umhoslcm 1.2 * Si Unit 0.5 U * mg/L 5 U * mg/L 491 mg/L 1 0.69 1 0.69 1 8.1 21.7 640 0.39 H H UH H H 2 20 11/16/17 0:00 the 2 20 11/16/17 0:00 2 20 11/16/17 0:00 2 20 11/16/17 0:00 2 10 12/07/17 19:07 1 10 11/16/17 22:53 12/19/17 0:00 0.003 0.01 11/22/17 21:11 0.25 1.25 12/07/17 2:17 0.2 5 12/19/17 0:00 che che che krh che talc pjb las calc 11/21/17 14:32 etc 11/28/17 13:10 dem mg/L 0.02 0.1 12/19/17 0:00 mg/L 0.02 0.1 11/14/17 21:02 mg/L 0.01 0.05 11/14/17 21:02 pjb Galt pjb units 0.1 0.1 11/16/17 0:00 che c 0.1 0.1 11/16/17 0:00 che * mg/L 10 20 11/21/1712:05 etc 12/19/17 0:00 calc 5 22D mg/L 2 10 12/07/17 2:17 las REPIN.02.06.05.01 Please refer to Qualifier Reports for details. L41141-1712191553 Page 3 of 21 ACZ Laboratories, Inc. 2773 Downhill Dnve Steamboat Springs, CO 80487 (800} 334-5993 Inorganic Reference Report Header Explanations Batch Found Limit Lower MDL PCNISCN PQL QC Rec RPD Upper Semple A distinct set of samples analyzed at a specific time Value of the QC Type of interest Upper limit For RPD, In %. Lower Recovery Limit, in % (except for LCSS, mg/Kg) Method Detection Limit. Same as Minimum Reporting Limit unless omitted or equal ko the PQL (see comment #5). Allows for instrument and annual fluctuations. A number assigned to reagents/standards to trace to the manufacturer's certificate of analysis Practical Quantitatlon Limit. Synonymous with the EPA term "minimum level". True Value of the Control Sample or the amount added to the Spike Recovered amount of the true value or spike added, in % (except for LCSS, mg/Kg) Relative Percent Difference, calculation used for Duplicate QC Types Upper Recovery Limit, in % (except for LCSS, mg/Kg) Value of the Sample of interest QC Sample Types AS ASD CCB cev DUP iGB ,CV ICSAB LCSS LCSSD LCSW Analytical Spike (Post Digestion) Analytical Spike (Post Digestion) Duplicate Continuing Calibration Blank Continuing Calibration Verification standard Sample Duplicate Initial Calibration Blank Initial Calibration Verification standard Inter -element Correctlon Standard - A plus B solutions Laboratory Control Sample - Soil Laboratory Control Sample - Soil Duplicate Laboratory Control Sample - Water LCS WD LFB LFM LFMD LRB MS MSD PBS PBW PQV SDL Laboratory Control Sample - Water Duplicate Laboratory Fortified Blank Laboratory Fortified Matrix Laboratory Fortified Matrix Duplicate Laboratory Reagent Blank Matrix Spike Matrix Spike Duplicate Prep Blank- Soil Prep Blank - Water Practical Quantitation Verification standard Serial Dilution QC Sample Type Explanations Blanks Control Samples Duplicates Spikes/Fortified Matrix Standard Verifies that there is no or minimal contSminafion in the prep method or calibration procedure. Verifies the accuracy of the method, including the prep procedure. Verifies the precision of the instrument and/or method, Determines sample matrix interferences, if any. Verifies the Validity of the calibration. ACZ Qualifiers (Quaki B H L U Analyte concentration detected at a value between MDL and PQL. The associated value is an estimated quantity. Analysis exceeded method hold timepH is a field test with an immediate hold time. Target analyte response was below the laboratory defined negative threshold. The material was analyzed for, but was not detected above the level of the associated value. The associated value is either the sample quantitation limit or the sample detection limit. Method References (1) (2) (3) (4) (5) Comments (1) (2) (3) (4) (5) EPA 800/4-83-020. Methods for Chemical Analysis of Water and Wastes, March 1983. EPA 600/R-93-100. Methods for the Determination of Inorganic Substances in Environmental Samples, August 1993. EPA 6001R-94-111. Methods for the Determination of Metals in Environmental Samples - Supplement I, May 1994. EPA SW -846. Test Methods for Evaluating Solid Waste. Standard Methods for the Examination of Water and Wastewater. QC resuIts calculated from raw data. Results may vary slightly if the rounded values are used in the calculations. Soil, Sludge, and Plant matrices for Inorganic analyses are reported on a dry weight basis. Animal matrices for Inorganic analyses are reported on an "as received" basis. An asterisk in the "XQ" column indicates there is an extended qualifier and/or certification qualifier associated with the result. If the MDL equals the PQL or the MDL column is omitted, the PQL is the reporting limit. Fora complete list oFACZ's Extended Qualifiers, please click: htlp,//www ncr. com/publicicxtrtuattisLpdf REP001,03.15.02 L41141-1712191553 Page 4 of 21 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Zancaneiia & Associates Inorganic QC Summary ACZ Project ID: L41141 Alkalinity as CaCO3 SM2320B - Titration ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPP Limit Qual' • WG436247 WG436247PBW1 PBW 11!1811717:41 U mg/L -20 20 WG436247LCSW3 LCSW 11!1611717:59 WC171114-1 820.0001 771 mg/L 94 90 110 WG436247LCSW6 LCSW 11116117 21:25 WC171114-1 820,0001 777 mg/L 95 90 110 WG436247PBW2 PBW 11!16117 21:342.4 mgIL -20 20 L41141-010UP DUP 11!16117 23:02 260 261 mgIL 0 20 WG436247LCSW9 LCSW 11/17/17 0:53 WC171114-1 820.0001 776 mgIL 95 90 110 WG436247PBW3 PBW 11117/171:012.3 mgIL -20 20 WG436247LCSW12 LCSW 11117!174:5$ WC171114-1 820,0001 769 mgfL 94 90 110 WG436247PBW4 PBW 11/17/17 5:07 4.2 mgIL -20 20 WG436247LCSW15 LCSW 11!171177:30 WC171114-1 820.0001 789 mg/L 96 90 110 Aluminum, total recoverable M200.8 ICP -MS ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG437758 WG4377581CV ICV 12/08/17 21:03 MS171115-2 .1 .1086 mgIL 109 90 110 WG4377581CB ICB 12/08/17 21:05 U mg/L -0.003 0.003 WG437373LRB LRB 12108117 21:12 U mg/L -0.0022 0.0022 WG437373LFB LFB 12/08/17 21:14 MS171129-3 ,050065 .0497 m911- 99 85 115 L41141-01LFM LFM 12/08/17 21:19 MS171129-3 .050065 .006 .0524 mg/L 93 70 130 L41141-01 LFMD LFMD 12/08117 21:21 MS171129-3 ,050065 :006 .0515 m911- 91 70 130 2 20 Antimony, total recoverable M200.8 ICP -MS ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG437758 WG4377581CV ICV 12!08117 21:03 M6171115-2 WG4377581CB 106 12108/17 21:05 WG437373LRB LRB 12/08/17 21:12 WG437373LFB LFB 12108!17 21:14 MS171129-3 L41141-01LFM LFM 12/08/17 21:19 MS171129-3 L41141-01 LFMD LFMD 12/08/17 21:21 M5171129-3 Arsenic, total recoverable .02 .01898 mgIL 95 90 110 U mg/L -0.0012 0.0012 U mgfL -0.00088 0.00088 .01 .01085 mg/L 109 85 115 .01 U .01107 mgfL 111 70 130 .01 U .01099 mgIL 110 70 130 1 20 M200,8 ICP -MS ACZ lD Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG437758 WG4377581CV ICV 12!08!17 21:03 MS171115-2 .05 .04939 mg/L 90 90 110 WG4377581C13 (CB 12108!1721:05 U mg/L. -0.0015 0.0015 WG437373LRB LRB 12108/17 21:12 U mgIL -0,0011 0.0011 WG437373LFB LFB 12/08/17 21:14 MS171129-3 .0501 .04612 mgIL 92 85 115 L41141-01LFM LFM 12!08!1721:19 M3171120-3 .0501 .0008 .04587 mgIL 90 70 130 L41141-01 LFMD LFMD 12/08/17 21:21 MS171129-3 .0501 .0008 .04504 mg/L 88 70 130 2 20 L41141-1712191553 Page 5 of 21 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Zancanella & Associates Inorganic QC Summary ACZ Project ID: L41141 Barium, total recoverable M200.7 ICP ACZ ID Type Analyzed PCNISCN QC Sample Found Unite Rec Lower Upper RPD Limit Qual WG437066 WG437066ICV ICV 11130!17 10:48 11171108-1 WG437066ICB ICB 11/30/17 10:54 WG436941 LRB LRB 11/30117 11:09 WG436941LFB LFB 11/30/17 11:12 11171122-1 L41142-01 LFM LFM 11/30/17 11:21 8171122-1 L41142-01LFMD LFMD 11130!1711:24 11171122-1 2 1.9538 mgIL 98 95 105 U mg/L -0.009 0.009 U mg/L -0.0066 0.0066 .5015 .4779 mgfL 95 85 115 .5015 .068 .5475 mgIL 96 70 130 .5015 .068 .5531 mg&L 97 70 130 1 20 Beryllium, total recoverable M200.7 ICP ACZ ID Type Analyzed PCNISCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG437066 WG4370661CV ICV 11/30/17 10:48 11171108-1 2 2.006 mg/L 100 95 105 WG4370661CB ICB 11/30/17 10:54 U mgfL -0.03 0.03 WG436941LRB LRB 11/30/17 11:09 U mg/L -0.022 0.022 WG436941LFB LFB 11/30/17 11:12 11171122-1 .4995.488 mg/L 98 85 115 L41142-01 LFM LFM 11/30/17 11:21 11171122-1 .4995 U .483 mg!L 97 70 130 L41142-01LFMD LFMD 11/30/17 11:24 11171122-1 .4995 U .486 mglL 97 70 130 1 20 Cadmium, total recoverable M200.7 ICP ACZ 10 Type 'Analyzed PCNISCN QC Sample Found Units Ree Lower Upper RPD Limit Qual WG437120 W04371201CV ICV 11/30/17 16:58 11171129-1 2 1.9588 mgfL 98 95 105 WG4371201CB ICB 11/30/17 17:04 U mgfL -0.015 0,015 WG436941LRB LOB 11/30/17 17:20 U mglL -0.011 0.011 WG436941LFB LFB 11/30/17 17:24 11171122-1-4995 .4598 mg/L 92 85 115 L41142-01 LFM LFM 11/30/17 17:33 11171122-1 4995 U.4553 mg_ 91 70 130 L41142-01LFMD LFMD 11/30/17 17:37 11171122-1 4995 U.4518 mg/L 90 70 130 1 20 Calcium, dissolved M200.7 1CP ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG437332 WG4373321CV ICV 12/05117 22:59 11171129-1 100 100.68 mg/L 101 95 105 WG4373321CB ICB 12/05/17 23:05 U mgIL -0.3 0.3 WG437332LFB LFB 12105!17 23:17 11171122-1 68.01098 72 mg/L 106 85 115 L41183-01 AS AS 12105117 23:29 11171122-1 68,01098 157 221.3 rrglL 95 85 115 L41183-01ASD ASD 12/05/17 23:32 11171122-1 08.01096 157 221 mg/L 94 85 115 0 20 Chloride M300.0 - Ion Chromatography ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qua/ WG435992 WG4359921CV ICV 1111 3117 19:39 W1171110-2 WG4359921CB ICB 11/13/17 19:57 20.06 20.3 m971- 101 90 110 U mg/L -0.4 0.4 WG437680 WG437680LFB LFB 12!0711718:49 W1171110-4 30,03 29.9 mg/L 100 90 110 L41141-01DUP DUP 12/07/17 19:25 14.7 14.7 mgIL 0 20 RA L41142-01AS AS 12/07/17 20:00 W1171110-4 150.15 11.4 161 mgIL 100 90 110 L41141-1712191553 Page 6of21 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Zancanella & Associates Inorganic QC Summary ACZ Project ID: L41141 Chromium, total recoverable M200.7 ICP ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG437066 WG4370661CV ICV 11/30/17 10:48 11171108-1 2 1.992 m91L 100 95 105 WG4370661CB IGB 11/30/17 1 0:54 U mg1L -0.03 0.03 WG436941LRB LRB 11/30/17 11:09 U mg1L -0.022 0.022 WG436941LFB LFB 1113011711:12 11171122-1 .498 .49 mg1L 98 85 115 L41142-01LFM LFM 11/30/17 11:21 11171122-1 498 U .486 mg/L 98 70 130 L41142-01LFMD LFMD 11/30/17 11:24 11171122-1 .498 U .49 m911- 98 70 130 1 20 Conductivity V5C SM2510B ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG436247 WG436247LCSW2 LCSW 1111611717:46 PCN54242 WG436247LCSW5 LCSW 11/16/17 21:13 PCN54242 L41141-01DUP DUP 11/16/17 23:02 WG436247LCSW8 LCSW 11/17/17 0:40 PCN54242 WG436247LCSW11 LCSW 11117/17 4:46 PCN54242 WG4362471CSW14 LCSW 11/17/17 7:18 PCN54242 1410 1400 umhos/cm 99 90 110 1410 1400 umhoslcm 99 90 110 920 930 umhoslcm 1410 1400 umhoslcm 99 90 110 1410 1440 umhoslcm 102 90 110 1410 1460 umhuslCm 104 90 110 Copper, total recoverable M200.7 ICP 1 20 ACZ ID Type Analyzed PCN/SCN QC Sample Found Units stet Lower Upper RPD Limit Qual WG437066 WG4370661CV ICV 11/30/17 10:48 11171108-1 2 1.958 m91L 98 95 105 WG4370661CB ICB 11/30/17 10:54 U mgfL -0.03 0,03 WG436941LRB LRB 11/30/17 11:09 U mg/L -0.022 0.022 WG436941LFB LFB 11/30/17 11:12 11171122-1 .5 .479 mgIL 96 85 115 L41142-01 LFM LFM 11/30/17 11:21 11171122-1 .5 U .479 mg/L 96 70 130 L41142-01LFMD LFMD 11/30/17 11:24 11171122-1 .5 U .483 mg1L 97 70 130 1 20 Cyanide, total M335.4 - Colorimetric wi distillation ACZ ID Type Analyzed PCN(SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG436715 WG4367151CV ICV 11/22/17 20:10 W1171113-10 .3006 WG4367151CB ICB 11/22/17 20:10 WG436716 .2872 mgfL 96 90 110 Li mglL -0.003 0.003 WG436696LRB LRB 11/22/17 21:07 U mgll. -0,003 0.003 WG436696LFB LFB 11/22/17 21:08 W1171113-8 .2 .1879 mg1L 94 90 110 L41141-01 LFM LFM 11/22/17 21:12 84171113-8 .2 U .1818 mg/L 91 90 110 L41142-01DUP DUP 11/22/1721:13 U U mg1L Fluoride M300.0 - Ion Chromatography 0 20 RA ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG435992 WG4359921CV ICV 11/13/17 19:39 W1171110-2 3,996 WG4359921C8 ICH 11/13/17 1 9:57 WG437576 4.06 mg/L 102 90 110 U mg/t -0,05 0.05 WG437576LFB LFB 12/07117 1:59 W1171110-4 1.5 1.49 mg1L 99 90 110 L41141-01DUP DUP 12107/17 2:35 U U mg1L 0 20 RA L41142-01 AS AS 12107/17 3:11 W1171110-4 7.5 U 7.65 mg1L 102 90 110 L41141-1712191553 Page 7 of 21 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Zancaneila & Associates Inorganic QC Summary ACZ Project ID: L41141 Iron, total recoverable M200.7 1CP ACZ ID Analyzed PCNISCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG437068 WG4370661CV ICV 11/30/17 10:48 11171108-1 21,946 mg/L 97 95 105 WG43706610B ICB 11/30/17 1 0:54 U mg/L -0.06 0.06 WG436941LRB LRB 11/30/17 11:09 U mg/L -0.044 0.044 WG436941LFB LFB 11/30/17 11:12 11171122-1 1.0011 .973 mg/L 97 85 115 L41142-01 LFM LFM 11/30/17 11:21 1171122-1 1.0011 .94 1.933 m9/1- 99 70 130 L41142-01LFMD LFMD 11/30/17 11:24 11171122-1 1.0011 .94 1.958 mg/L 102 70 130 1 20 Lead, total recoverable M200.8 ICP -MS ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG437758 WG437758ICV ICV 1210811721:03 M5171115-2 .05 .05257 mg/L 105 90 110 WG4377581CB iCB 1210811721:05 U mg7L -0.0003 0.0003 WG437373LRB LRB 12/08/17 21:12 U mg/L -0,00022 0.00022 WG437373LFB LFB 12/08/17 21:14 MS171129-3 .0496 .04617 m9/L 93 85 115 L41141-01 LFM LFM 12/08/17 21:19 MS171129-3 .0496 U .04584 mg11_ 92 70 130 L41141-01 LFMD LFMD 12/08/17 21:21 MS171129-3 .0496 U .04545 mg/L 92 70 130 1 20 Magnesium, dissolved M200.7 ICP ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit. QUaI WG437332 WG4373321CV ICV 12/05/17 22:59 11171129-1 100 100.43 mg/1- 100 95 105 WG4373321CB ICB 12/05/17 23:05 U mg/L -0.6 0.6 WG437332LFB LFB 12/05/17 23:17 11171122-1 50.18882 50,18 mg/L 100 85 115 L41183-01AS AS 12/05/17 23:29 11171122-1 50.18882 110 154.9 mg1L 89 85 115 L41183-01ASD ASD 12/05/17 23:32 11171122-1 50.18882 110 154.6 mg/L 89 85 115 0 20 Manganese, total recoverable M200.7 ICP ACZ ID Type Analyzed PCNISCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG437066 WG4370681CV ICV 11/30/17 10:48 11171108-1 WG4370661CB ICB 11/30/17 10:54 WG436941LR0 LRB 11/30)17 11:09 WG436941 LFB LFB 11/30/17 11:12 11171122-1 L41142-01 LFM LFM 11/30/17 11:21 11171122-1 L41142-01 LFMD LFMD 11/30117 11:24 11171122-1 2 1.9782 mg/L 99 95 105 U mg1L -0,015 0.015 U mg/L -0.011 0.011 5 .4917 mg/L 98 85 115 5 .015 .5034 mg/L 98 70 130 .5 .015 .5105 mg/L 99 70 130 1 20 Mercury, total M245.1 CVAA AbZ Ib Type Analyzed PCNISCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG437245 WG4372451CV ICV 12/04/17 1 7:43 HG171030-2 ,005005 WG4372451CB ICB 12/04/17 17:44 WG437247 .00486 01g1L U mg1L 97 95 105 -0,0002 0,0002 WG437247LR6 LRB 12104)1716:31 U m91L -0,00044 0.00044 WG437247LFB LFB 12/04/17 18:32 HG1712043 .002002 .00188 m9/L 94 85 115 L41279-01LFM LFM 1210411718:38 HG171204-3 .002002 1),00195 mg/L 97 85 115 L41279-01LFMD LFMD 1210411718:39 HG171204-3 .002002 U .00189 mg/L 94 85 115 3 20 L41141-1712191553 Page 8of21 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Zancanella & Associates Inorganic QC Summary ACZ Project ID: L4t141 Nickel, total recoverable M200.7 ICP ACZ ID Type Analyzed PCNISCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG437066 WG4370661CV ICV 11/3011710;48 11171108-1 2.004 1,9902 mg1L 99 95 105 WG4370661CB ICB 11/30/17 10:54 U mg/L -0.024 0.024 WG436941LRB LRB 11/30/17 11:09 U mg/L -0,0176 0.0176 WG436941LFB LFB 11/30/17 11:12 11171122-1 .4995 .4964 mg71- 99 85 115 L41142-01 LFM LFM 11/30/17 11:21 11171122-1 .4995 U.484 mg/L 97 70 130 L41142-01LFMD LFMD 11/30/17 11:24 11171122-1 .4995 U .4923 m911- 99 70 130 2 20 NitratelNitrite as N, dissolved M353.2 - Automated Cadmium Reduction ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG436042 WG4360421CV ICV 1 1/1411 7 20:50 W1170914-11 2.416 2.431 m911- 101 90 110 WG4360421CB ICB 11/14/17 20:51 U mg/L -0.02 0,02 WG436042LFB LFB 11/14/17 20:56 W1170705-5 21.968 mg/L 98 90 110 L40772-04.05 AS 11/14/17 20:58 W1170705-5 1000 430 1498 mg/L 107 90 110 L40772-05DUP DUP 11/14/17 21:01 410 410 mg/L Nitrite as N, dissolved M353.2 - Automated Cadmium Reduction 0 20 ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG436042 WG4360421CV ICV 11/14/17 20:50 WI110914-11 .609 WG4360421CB ICB 11/14/17 20:51 WG436042LFB LFB 11/14/17 20:56 W1170705-5 1 L40772-04AS AS 11/14/17 20:58 W1170705-5 500 L40772-05DUP PUP 11/14/17 21:01 pH (lab) .66 mg/L 108 90 110 U mg/L -0.01 0.01 1.015 mg/L 102 90 110 83 630.2 mg/L 109 90 110 80 78.9 mg/L SM4500H+ B 1 20 ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG436247 WG436247LCSW1 LCSW 11/16/17 17:44 PCN52884 6 6.1 units 102 5.9 6.1 WG436247LCSW4 LCSW 11/16/17 21:11 PCN52664 6 6.1 ands 102 5.9 6.1 L41141-01DUP DUP 11/16/17 23:02 8.1 8.1 units WG436247LCSW7 LCSW 11/17/170:38 PCN52664 8 6.1 units 102 5,9 6.1 WG436247LCSW10 LCSW 11/17/17 4:45 PCN52664 6 6.1 units 102 5.9 6.1 WG436247LCSW13 LCSW 11/17/17 7:16 PCN52664 6 6.1 units 102 5.9 6.1 0 20 Residue, Filterable (TDS) gum SM2540C ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qua! WG436586 WG436586PBW PBW 11/21/17 12:00 WG436586LCSW LCSW 11/21/17 12:01 PCN54604 L41282-05DUP DUP 11/21/17 12:23 lJ mg/L 260 246 mg/L 95 80 120 -20 20 304 296 mg/L 3 10 L41141-1712191553 Page 9 of 21 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Zancanella & Associates Inorganic QC Summary ACZ Project ID: L41141 Selenium, total recoverable M200.8 ICP -MS ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG437758 WG4377581CV ICV 12!08!17 21:03 MS171115-2 .05 .0510 mg7L 104 90 110 WG4377581CB ICB 12/08/17 21:05 U mg/L -0.003 0.003 WG437373LRB LRB 1210811721:12 U mg/L -0.0022 0.0022 WG437373LFB LFB 1210811721:14 M5171129-3 .05005 .0477 mg/L 95 85 115 L41141-01LFM LFM 1210811721:19 MS171129-3 .05005 .003 .0483 m971- 91 70 130 L41141-01LFMD LFMD 12108/17 21:21 MS171129-3 ,05005 .003 .046 mg7L 86 70 130 5 20 Silver, total recoverable M200.8 ICP -MS ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG437758 WG4377581CV ICV 12!08!17 21:03 MS171115-2 .02004 .02117 mg7L 106 90 110 W04377581C8 ICB 1210811721:05 U mg7L -0.00015 0.00015 WG437373LRB LRB 12108!1721:12 U mg/L -0.00011 0.00011 WG437373LFB LFB 12/08/17 21:14 M5171129-3 .01002 .049397 mg7L 94 85 115 L41141-01LFM LFM 1210811721:19 M5171129-3 .01002 U .009068 mg/L 90 70 130 L41141-01 LFMD LFMD 12!0811721:21 MS171129-3 .01002U .008848 mg/L 88 70 130 2 20 Sodium, dissolved M200.7 ICP ACZ ID Type .Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG437332 WG0.3733210V ICV 12/05/17 22;59 171129-1 10999.1 mg/L 99 95 105 WG4373321CB ICB 12/9511723:05 0 mg/L -0.6 0.6 WG437332LFB LFB 12105/17 23:17 11171122-1 100.0023 102.6 1119&L 103 85 115 L41183-01AS AS 12!0511723:29 11171122-1 100.0023 202 291.3 mg/L 89 85 115 L41183-01ASD ASD 12/0511723:32 !1171122-1 100.0023 202 293.2 mg/L 91 85 115 1 20 Sulfate M300.0 - Ion Chromatography ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG435992 WG43599210V ICV 1111311719:39 WE171110-2 WG435992ICB ICB 11/13/17 19:57 WG437576 50 50.3 mg/L 101 90 110 U mg/L -0.4 0.4 WG437576LFB LFB 12/07/17 1:59 W1171110-4 30.03 29.4 mg7L 98 90 110 L41141-01DUP OUP 121071172:35 220 221 mg/L L41142-01AS AS 12107!17 3:11 W1171110-4 150.15 173 322 m97L 99 90 110 Thallium, total recoverable M200.8 ICP -MS 0 20 ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG437758 WG4377581CV ICV 1210811721:03 MS171115-2 .05 .05489 mg/L 110 90 110 WG4377581C8 ICB 1210811721:05 U mg/L -0.0003 0.0003 WG437373LRB LRB 12/08/17 21:12 U mg71_ -0.00022 0.00022 WG437373LFB LFB 12/08/17 21:14 MS171129-3 .0501 .04782 mg/L 95 85 115 L41141-01 LFM LFM 12108!17 21119 MS171129-3 .0501 U .04921 mg/L 98 70 130 L41141-01 LFMD LFMD 12/08/17 21:21 MS171129-3 .0501 U .04871 mg/L 97 70 130 1 20 L41141-1712191553 Page 10 of 21 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Zancanella & Associates Inorganic QC Summary ACZ Project ID: L41141 Uranium, total recoverable M200.8 ICP -MS ACZ ID Type Analyzed PCN(SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual' " WG437758 WG4377581CV ICV 12/08/17 21:03 MS171115-2 .05 .05295 mg/L 106 90 110 WG4377581CB ICB 12/08/17 21:05 U mg/L -0.0003 0.0003 WG437373LRB LRB 12/08/17 21:12 U mg/L -0.00022 0.00022 WG437373LFB LFB 12/08/17 21:14 MS171129-3 .05 .04838 mg/L 07 85 115 L41141-01 LFM LFM 12/08/17 21:19 M8171129-3 .05 .0044 .05587 mg/L 103 70 130 L41141-01 LFMD LFMD 12108/17 21:21 MS171129-3 .05 .0044 .0559 mg/L 103 70 130 0 20 Zinc, total recoverable M200.7 ICP ACZ ID Type Analyzed PCNISCN QC Sample Found Units Rec Lower Upper RPD Limit Qua! WG437066 WG4370661CV ICV 11/30/17 10:48 11171108-1 21.913 mg/L 96 95 105 WG4370661CB ICB 11/30/17 1 0;54 U mg/L -0.03 0.03 WG436941LRB LRB 11/30/17 11:09 U mg/L -0.022 0.022 WG436941LFB LFB 11/30/17 11:12 11171122-1 4942.491 mg/L 99 85 115 L41142-01LFM LFM 11/30/17 11:21 11171122-1 4942 U.473 mg/L 96 70 130 L41142-01LFMD LFMD 11/30/17 11:24 11171122-1 4942 U .483 m9/1- 98 70 130 2 20 L41141-1712191553 Page 11 of 21 ADZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Zancanella & Associates Inorganic Extended Qualifier Report ACZ Project ID: L41141 ACZ ID WORKNUM PARAMETER METHOD QUAL DESCRIPTION L41141-01 4/VG437680 Chloride RG623401 Corrosivity (talc.) WG436716 Cyanide, total WG437576 Fluoride WG436042 NitratelNitrite as N, dissolved Nitrite as N, dissolved WG436586 Residue, Filterable (TDS) @180C M300.0- Ion Chromatography SM 2330 - CaCO3 SI M335.4 - Colorimetric w/ distillation M300.0 - Ion Chromatography M300.0 - Ion Chromatography M353.2 - Automated Cadmium Reduction M353.2 - Automated Cadmium Reduction M353.2 - Automated Cadmium Reduction M353,2 - Automated Cadmium Reduction SM2540C RA Relative Percent Difference (RPD) was not used for data validation because the concentration of the duplicated sample is too low for accurate evaluation (< 10x MDL). ZZ Laboratory measured pH and temperature were used in this calculation. Sampler did not report either field pH, field temperature, or both. RA Relative Percent Difference (RPD) was not used for data validation because the concentration of the duplicated sample is too low for accurate evaluation (< 10x MDL). DC Sample required dilution. Non -target analyte exceeded calibration range. RA Relative Percent Difference (RPD) was not used for data validation because the concentration of the duplicated sample is too low for accurate evaluation (< 10x MDL). H3 Sample was received and analyzed past holding time. ZU Analysis date/time preceeds filter date/time. A portion of sample was filtered and analyzed prior to the creation of a Filter workgroup. H3 Sample was received and analyzed past holding time. ZU Analysis date/time preceeds filter date/time. A portion of sample was filtered and analyzed prior to the creation of a Filter workgroup. HC Initial analysis within holding lime. Reanalysis was past holding time, which was required due to a QC failure during the initial analysis_ REPAD.15.06.05.01 L41141-1712191553 Page 12 of 21 ADZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Zancanella & Associates Project ID: Sample ID: Locator: KINNEY-NEW RadioChemistry Analytical Results ACZ Sample ID: Date Sampled: Date Received: Sample Matrix: L41141-01 11/09/17 10:00 11/13/17 Drinking Water Gross Alpha & Beta M900.0 Prep Method: 1 �Ult:1 Alpha Beta I�Yil i-i•€It:-;14:. gin Prop Date Result Error(+/-) LLD Units XQ Analyst Radium 226 M903.1 12/03/17 0:11 12/03/17 0:11 3.5 8.7 3.3 3.3 4.1 3.8 pCiIL pCi/L leb leb Prep Method: I'il.r.E-�4t�d qi moi, Radium 226 12/04/17 0:24 Radium 228 M904.0 0.16 0.1 0.08 pCiIL lir Prep Method: ' 1-1c 1io[e)d-:r Radium 228 228 11/20/17 15:03 0.67 0.39 0.37 pCiIL jlg REPRC.02.06.05.01 * Please refer to Qualifier Reports for details. L41141-1712191553 Page 13 of 21 ADZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 90487 (800) 334-5493 Radiochemistry Reference Report Header Explanations Batch A distinct set of samples analyzed at a specific time Error(+/-) Calculated sample specific uncertainty Found Value of the QC Type of interest Limit Upper limit for RPD, in %. LCL Lower Control Limit, in % (except for LCSS, mg/Kg) LLD Calculated sample specific Lower Limit of Detection PCN/SCN A number assigned to reagents/standards to trace to the manufacturers certificate of analysis PQL Practical Quantitation Limit QC True Value of the Control Sample or the amount added to the Spike Rec Amount of the true value or spike added recovered, in % (except for LCSS, mglKg) RER Relative Error Ratio, calculation used for Dup. QC taking into account the error factor. RPD Relative Percent Difference, calculation used for Duplicate QC Types UCL Upper Control Limit, in % (except for LCSS, mglKg) Sample Value of the Sample of interest QC Sample Types DUP LCSS LCSW Sample Duplicate Laboratory Control Sample - Soil Laboratory Control Sample - Water MS/MSD PBS PBW Matrix Spike/Matrix Spike Duplicate Prep Blank - Soil Prep Blank - Water QC Sample Type Explanations Blanks Control Samples Duplicates Matrix Spikes Verifies that there is no or minimal contamination in the prep method procedure. Verifies the accuracy of the method, including the prep procedure. Verifies the precision of the instrument andlor method. Determines sample matrix interferences, if any. ACZ Qualifiers (Quaff) Analysis exceeded method hold time. othad Prefix Reference • M SM D RP ESM EPA methodology, including those under SDWA, CWA, and RCRA Standard Methods for the Examination of Water and Wastewater. ASTM DOE DOE/ESM Comments (1) (2) (3) (4) Solid matrices are reported on a dry weight basis. Preparation method: "Method" indicates preparation defined In analytical method, QC results calculated from raw data. Results may vary slightly if the rounded values are used in the calculations. An asterisk in the "XQ" column indicates there is an extended qualifier and/or certification qualifier associated with the result. For a complete list of ACZ's Extended Qualifiers, please click: http:l/www.acz.Cpm/public/extgualilst.pdf REP003.09.12.01 L41141-1712191553 Page 14 of 21 £991-6LLL-lit Ltd Sw£0-609041 d fQZO-609041 MSQ18Z49£4DM M8d8Z49£4DM m ❑c n m Z (13 N NN N A .QP A A V V V V n C0 7 z Z CA N N N N O 0 rn N 0 0 v ID O AD A O d 4 4 m 1 ID a m io m 0) PPPP m con - 0 0 A W W O 01 m b cr O 6L£L£tEM 1 - Od23 ked.( Jamo 9ZZ wn!peN 0 G) SNi40-90Z441 dna 4 0-5 02 4 41 dna 40,502441 dna 40-680 441 MS019L49£40M M8d9L69£4JM 5 c D c❑ Cr] m o c� m-a -av O ❑ N N N N N N 000000 0303030,00 V V V J V 04-9160L108 0 00 L N S. 3 4'N ID 0) W N W 01,9 6OLLMA 0 CO 43.N N P [D 1 N V D y N rn 0 N W • N N O O ID LLZL£PJM 0 n N ❑ R d ID Q v 0 z y 0 z 1) 2 m m O r 0 I1 0 Q w m co 0 0 0 0 c C) SW 40-40 4 4 41 d n Q 40-902 441 dna 40-62011,1 dna 1.0-62314-1 MS919L49£40M M8d9L49£4DM ❑ ❑ ❑ r -I] to C c c c)7 3071 w -0 m m o m o D �] D N ID N o(OIDIDI W f1 W W W W V V V V V V z 01 w O _p 0 z m 0 0 0 0 O O V N 1 1 W W CO .P .P rn %r W J V J O. V A 0 NA on m d w A o p, o o �AD N 3. 0 0 � 4. N 03 O 0 LLZL£4OM XCaz. x: 0 - sd!ada 'a' • n JaM;i r 3 0 O c r sa4elooss'd'8 elleueouez al;oafold Z3V 10 V1 V V I ID O N . rm ., ! 0- 0 O 4 13)b I. 0 0 �• y a 4, Cn 4 / O O 133 C17. cn c 3 3, a) y � rr D C7 n N a: 0 z 0 0 z cn A m O r m r Q r c , 991-611ZLLL-IPP1-1-f1 dnazo-£4a W! dna 4 o -b0 4 3,1 SW Zo-£170 44n d fCZO-£170 1.177 dna 4 a -ba 4 LPT M8d91349£PJM MSa15849£1,`JM O 0 m O 0 -U r- 0 0 u C C m 7 7 'o 7 m -0 01 m -0 M m a O 73 70 a ▪ N N `N N N N 01 0 0 0 0 0 0 0 - V V V J V -4 0 0 z z Li, w o 0 co 01 N N N N N N N c0 .P iD io .A 0 0 0 0 0 40 V IA 01 L. A W W A P 0 O O m y 00 00 0 V ? W A W 0) V O W , A J A W 0 0 N N N tID W 0 0 0 4, • N N A ▪ CO v O (1 CO-. 0 0 01 N N 0 01 8ZZ u�rsppe� fA 0 sa4e!ooss''S epureaueZ :GH ;aafoad ZOV D r 0 m 0 6� f008) ADZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Zancanella & Associates RadChem Extended Qualifier Report ACZ Project ID: L41141 ACZ ID WORKNUM PARAMETER METHOD QUAL DESCRIPTION L41141-01 VVG437277 Alpha WG436558 Radium 228 M900.0 M900 0 RG Sample concentration is less than 5x LLD; RPD was not used for data validation. Replicate Error Ratio (RER) is less than 2. Precision judged to be in control. Z1 The NPDWR required detection limit was not satisfied. M904.0 RG Sample concentration is less than 5x LLD; RPD was not used for data validation. Replicate Error Ratio (RER) is less than 2. Precision judged to be in control. REPAD.15.06.05.01 L41141-1712191553 Page 17 of 21 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Zancanella & Associates Certification Qualifiers ACZ Project ID: L41141 Metals Analysis The following parameters are not offered for certification or are not covered by NELAC certificate #ACZ, Aluminum, total recoverable Barium, total recoverable Beryllium, total recoverable Cadmium, total recoverable Chromium, total recoverable Copper, total recoverable Nickel, total recoverable M200.8 ICP -MS M200.7 ICP M200.7 ICP M200.7 ICP M200.7 ICP M200.7 ICP M200.7 ICP REPAD.05.06.05.01 L41141-1712191553 Page 18 of 21 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Zancanella & Associates Sample Receipt ACZ Project ID: Date Received: Received By: Date Printed: L41141 11/13/2017 10:56 11/14/2017 Receipt Verification 1) Is a foreign soil permit included for applicable samples? 2) Is the Chain of Custody form or other directive shipping papers present? 3) Does this project require special handling procedures such as CLP protocol? 4) Are any samples NRC licensable material? 5) If samples are received past hold time, proceed with requested short hold time analyses? 6) is the Chain of Custody form complete and accurate? 7) Were any changes made to the Chain of Custody form prior to ACZ receiving the samples? A change was made in the Relinquished By Date:Time section prior to ACZ custody. YES NO NA X X X X Lx X X Samples/Containers 8) Are all containers intact and with no leaks? 9) Are all labels on containers and are they intact and legible? 10) Do the sample labels and Chain of Custody form match for Sample ID, Date, and Time? 11) For preserved bottle types, was the pH checked and within limits? 12) Is there sufficient sample volume to perform all requested work? 13) Is the custody seal intact on all containers? 14) Are samples that require zero headspace acceptable? 15) Are all sample containers appropriate for analytical requirements? 16) Is there an Hg -1631 trip blank present'? 17) Is there a VOA trip blank present? 18) Were all samples received within hold time? Some parameters were received past hold time. 1 YES NO NA X 11111 x X X X X X X x NA indicates Not Applicable - Chain of Custody. Related Remarks Client Contact Remarks Shipping Containers Cooler Id Temp(°C) Temp Rad(!R/Hr) Custody Seal Criteria(°C) Intact? 5255 3.6 <=6.0 15 Yes Was ice present in the shipment container(s)? Yes - Wet ice was present in the shipment container(s). Client must contact an ACZ Project Manager if analysis should not proceed for samples received outside of their thermal preservation acceptance criteria. REPAD LPII 2012-03 L41141-1712191553 Page 19 of 21 ADZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Zancanella & Associates 1 Sample Receipt ACZ Project ID: L41141 Date Received: 11/13/2017 10:56 Received By: Date Printed: 11/14/2017 The preservation of the following bottle types is not checked at sample receipt: Orange (oil and grease), Purple (total cyanide), Pink (dissolved cyanide), Brown (arsenic speciation), Sterile (fecal coliform), EDTA (sulfite), HCI preserved vial (organics), Na2S2O3 preserved vial (organics), and HG -1631 (total/dissolved mercury by method 1631). REPAD LPII 2012-03 L41141-1712191553 Page 20 of 21 1 1 1 1 1 1 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334 Report to: Name: Company: Copy of Report to: Name: Company: Invoice to: Name: Company: E-mail: CHAIR of CUSTODY E-mail: Telephone: Address: Telephone: If sample(s) received past holding time (HT), or if insufficient HT remains to complete analysis before expiration, shall ACZ proceed with requested short HT analyses? II "NO" then ACZ WIII conlacl client for further lnslrucilan. li nether "YES" nor "NO" Is Indicated, ACZ will proceed wFlh the requested analyses, even II HT la explr Are samples for SDWA Compliance Monitoring? Yes J I No If yes, please include state forms. Results will be reported to PQL for Colorado. // Sampler's Name: /� Sampler's Site Information State C -d Zip code (S'/ *Sampler's Signature: gee with 1altos! tothe authentcity and vatldtryollhlssampie.Iunderslandthat misla PROJECT INFORMATION Quote #: _BO 8 7 6 YES NO , and dale will be qualified PO#: Reporting state for compliance testing: Check box if samples include NRC licensed material? SAMPLE IDENTIFICATION DATE:TIME Matrix F lam) Matrix //9 7 /2. 7 ev/ Time Zone ling the tlnre.'daleSFocallon, er lernporing ANALYSES REQUESTED (attend Ast or use quote number) SW (Surface Water) • GW (Ground Water) - WW (Waste Water) • DW (Drinking Water) • SL (Sludge) • SO (Soil) - REMARKS se refer to ACZ's terms & conditions located on the reverse side of this C RELINQUISHED BY: DATE:TIME RECEIVED BY: OL (00) ' Other (Specify) )C. DATE:TIME ( FRMADO5Q.03.14.13 L41141-1712191553 /*/7 4 - -+t /1 /3 7 10'. White - Return with sample. Yellow - Retain for your records. Page 21 of 21 Well Permit, Quality and Quantity Report Lot Three, New Well COLORADO Division of Water Resources Department of Natural Resources WELL PERMIT NUMBER 81128-F RECEIPT NUMBER 9504252 ORIGINAL PERMIT APPLICANT(S) CYNTHIA A KINNEY PERMIT TO CONSTRUCT A NEW WELL APPROVED WELL LOCATION Water Division: 5 Water District: 38 Designated Basin: N/A Management District: N/A County: GARFIELD Parcel Name: KINNEY MINOR SUBDIVISION Lot: 3 Block: Filing: SW 1/4 NE 1/4 Section 17 Township 7.0 5 Range 88.0 W Sixth P.M. UTM COORDINATES (Meters, Zone:13, NAD83) Easting: 306744.0 Northing: 4369226.0 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) on the condition that this well is operated as an alternate point of diversion to the Basalt Conduit (if applicable per decree) and in accordance with one or more of the augmentation plans approved by the Div. 5 Water Court for the Basalt Water Conservancy District in Case Nos. 87CW0155, 93CW0319, 98CW0026/98CW0089, 01CW0305, €t 02CW0077 (and Case No. 10CW0047 if in Area A-3.as described in decree), or operating pursuant to an approved substitute water supply plan. If this well is not operated in accordance with the terms of said decree(s) or SWSP, it will be subject to administration including orders to cease diverting water. BWCD contract #644. This well is known as Site 3 Well. 4) Approved as a well on a residential site of 2.1 acre(s) described as lot 3, Kinney Minor Subdivision, Garfield County. 5) The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling and the irrigation of not more than 2,500 square feet of home gardens and lawns. 6) The pumping rate of this well shall not exceed 15 GPM. 7) The annual withdrawal of ground water from this well shall riot exceed 0.541 acre-foot. 8) The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 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) A totalizing flow meter 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: Expired permit no. 78592-F was previously issued for this lot. NOTE: Parcel Identification Number (PIN): 23-2393-171-00-092 NOTE: Assessor Tax Schedule Number: R011168 (totaling 29.5 acres) Printed 08-01-2017 For questions about this permit call 303.866.3581 or go to www.water.state.co.us Page 1 of 2 WELL PERMIT NUMBER 81128-F RECEIPT NUMBER 9504252 NOTE: This permit will expire on the expiration date unless the well is constructed and a pump is installed by that date. A Well Construction and Yield Estimate Report (GWS -31) and Pump Installation and Production Equipment Test Report (GWS -32) must be submitted to the Division of Water Resources to verify the well has been constructed and the pump has been installed. A one-time extension of the expiration date may be available. Contact the DWR for additional information or refer to the extension request form (GWS -64) available at: http://www.water.state.co.us NOTE: Approved pursuant to Policy Memorandum 93.1 to amend the well location, as stated above. The approval of the new well Location is based on the applicant's statement that they are the owner of the permit described above. Any subsequent documentation refuting said claim may nullify this amendment. 8/1/2017 jpm Issued By DWIGHT WHITEHEAD Date Issued: 7/19/2017 Expiration Date: 7/19/2018 PERMIT HISTORY 08-01-2017 PERMIT AMENDMENT (LOCATION) Printed 08-01-2017 For questions about this permit cab 303.866.3581 or go to www,water.state.co.us Page 2 of 2 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Report to: Cathy Queen Zancanella & Associates 1011 Grand Ave. Glenwood Springs, CO 81601 Project ID: ACZ Project ID: L41142 Cathy Queen: Analytical Report December 19, 2017 Bill to: Cathy Queen Zancanella & Associates 1011 Grand Ave. Glenwood Springs, CO 81601 Enclosed are the analytical results for sample(s) submitted to ACZ Laboratories, Inc. (ACZ) on November 13, 2017. This project has been assigned to ACZ's project number, L41142. Please reference this number in all future inquiries. All analyses were performed according to ACZ's Quality Assurance Plan. The enclosed results relate only to the samples received under L41142. Each section of this report has been reviewed and approved by the appropriate Laboratory Supervisor, or a qualified substitute. Except as noted, the test results for the methods and parameters listed on ACZ's current NELAC certificate letter (#ACZ) meet all requirements of NELAC. This report shall be used or copied only in its entirety. ACZ is not responsible for the consequences arising from the use of a partial report. All samples and sub -samples associated with this project will be disposed of after January 18, 2018. If the samples are determined to be hazardous, additional charges apply for disposal (typically $11/sample). If you would like the samples to be held longer than ACZ's stated policy or to be returned, please contact your Project Manager or Customer Service Representative for further details and associated costs. ACZ retains analytical raw data reports for ten years. If you have any questions or other needs, please contact your Project Manager. I ft Max Janicek has reviewed and approved this report. L41142-1712191553 Page 1 of 21 ADZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Zancanella & Associates Project ID: Sample ID: KINNEY-OLD Inorganic Analytical Results - ACZ Sample ID: Date Sampled: Date Received: Sample Matrix: L41142-01 11/09/17 10:15 11/13/17 Drinking Water Inorganic Prep Parameter EPA Method Dilution Result Quat XQ Units MDL PQL Date Analyst Cyanide, total Total Recoverable Digestion Total Recoverable Digestion Metals Analysis M335.4 - Manual Distillation M200.2 ICP -MS M200.2 IGP 11/22/17 14:23 12/05/17 15:17 kea scp 11/29/17 10:16 aeh Parameter EPA Method Dilution Result Quai XQ Units MDL PQL Date Analyst Aluminum, total recoverable Antimony, total M200.8 ICP -MS recoverable Arsenic, total M200.8 ICP -MS recoverable Barium, total M200.7 ICP recoverable Beryllium, total M200.7 ICP recoverable Cadmium, total M200.7 ICP recoverable Calcium, dissolved M200.7 ICP Chromium, total M200.7 ICP recoverable Copper, total M200.7 ICP recoverable Iron, total recoverable Lead, total recoverable Magnesium, dissolved Manganese, total recoverable Mercury, total Nickel, total recoverable Selenium, total M200.8 ICP -MS recoverable Silver, total recoverable M200.8 ICP -MS Sodium, dissolved M200.7 ICP M200,8 ICP -MS M200.7 1CP M200.8 ICP -MS M200.7 1CP M200.7 1CP M245.1 CVAA M200,7 ICP Thallium, total recoverable Uranium, total recoverable Zinc, total recoverable M200.8 ICP -MS M200.8 ICP -MS M200.7 iCP 1 1 0.077 U • mg/L mg/L 1 0.0007 B mg/L 1 0.068 • mg/L 1 1 1 1 136 0.94 U U U U U 24.3 0.015 B mg/L mg/L mg/L mg/L 0.001 0.005 12/08/17 21:23 0.0004 0.002 12/08/17 21:23 mfm 0.0005 0.002 12/08/17 21:23 mfm 0.003 0.02 11/30/17 11:18 aeh 0.01 0.05 11/30/17 11:18 aeh 0.005 0.02 11/30/17 17:30 dcm mfm 0.1 0.5 12/05/17 23:23 dcm 0,01 0.05 11/30/17 11:18 aeh mg/L 0.01 0.05 mg/L mg/L mg/L mg/L 0.02 0.0001 0.2 0.005 U mg/L 0.0002 U • mg/L 0.008 1 0.003 B 1 U 1 20.9 1 U 1 0.0048 1 U mg/L mg/L mg/L mg/L mg/L 11/30/17 11:18 aeh 0.05 11/30/17 11:18 12/08/17 21:23 1 12/05/17 23:23 0.03 11/30/17 11:18 0.0005 aeh mfm dcm aeh 0.001 12/04/17 18:34 sck 0.04 11/30/17 11:18 aeh 0.001 0.005 12/08/17 21:23 mfm 0.00005 0.0003 12/08/17 21:23 0.2 1 12/05/17 23:23 0.0001 0.0005 12/08/17 21:23 mfm dcm mfm 0.0001 0.0005 12/08/17 21:23 mfm mg/L 0.01 0.05 11/30/17 11:18 aeh REPIN.02.06.05.01 "Please refer to Qualifier Reports for details. L41142-1712191553 Page 2 of 21 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Zancanella & Associates Project ID: Sample ID: KINNEY-OLD Inorganic Analytical Results ACZ Sample ID: Date Sampled: Date Received: Sample Matrix: L41142-01 11/09117 10:15 11/13/17 Drinking Water Wet Chemistry Parameter EPA Method Dilution Result Qual XQ Units MDL PQL Date Analyst Alkalinity as CaCO3 Bicarbonate as CaCO3 Carbonate as CaCO3 Hydroxide as CaCO3 Total Alkalinity Chloride Conductivity @25C Corrosivity (calc.) Cyanide, total Fluoride Hardness as CaCO3 (dissolved) Lab Filtration (0.45um filter) Lab Filtration (0.45um) & Acidification Nitrate as N, dissolved Nitrate/Nitrite as N, dissolved Nitrite as N, dissolved pH (lab) pH pH measured at Residue, Filterable (TDS) @180C Sodium Adsorption Ratio in Water Sulfate SM2320B - Titration M300.0 - Ion Chromatography SM2510B SM 2330 - CaCO3 SI M335.4 - Calorimetric wf distillation M300.0 - Ion Chromatography SM2340B - Calculation SOPWC053 M20o.71200.8 Calculation: NO3NO2 minus NO2 M353.2 - Automated Cadmium Reduction M353.2 - Automated Cadmium Reduction SM4500H+ B SM2540C USGS - 11738-78 M300.0 - ion Chromatography 1 271 mg/L 2 20 11/16/17 0:00 che 1 U mg/L 1 U mg/L 1 271 mg/L 5 11.4 * mg/L 1 838 umhos/cm 1.2 SI Unit 0.5 U * mg/L 5 U * mg/L 440 mglL 0.91,, H 0.91 H 8,1 21.5 552 0.44 2 20 11/16/17 0:00 2 20 11/16/17 0:00 2 20 11/16/17 0:00 2 10 12/07/17 19:42 1 10 11/16/17 23:12 12/19/17 0:00 0.003 0.01 11/22/17 21:13 0.25 1.25 12/07/17 2:53 0.2 5 12/19/17 0:00 mg/L 0.02 0.1 mg/L 0.02 0.1 UH mg/L 0.01 0.05 H H units 0.1 0.1 C 0.1 0.1 mg/L 10 20 5 173 mg/L 2 10 che che che krh che ca lc pjb las ca lc 11/21/17 14:36 ecc 11/28/1713:10 dcm 12/19/17 0:00 11/14/17 21:03 11/14/17 21:03 11/16/17 0:00 11/16/17 0:00 11/21/17 12:07 calc pjb pjb che che ecc 12/19/17 0:00 calc 12/07/17 2:53 las REP I N.02.06.05.01 Please refer to Qualifier Reports for details. L41142-1712191553 Page 3 of 21 ADZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800)334-5493 Inorganic Reference Report Header Explanations Batch Found Umit Lower MDL PCN/SCN PQL QC Rec RPD Upper Sample A distinct set of samples analyzed at a specific time Value of the QC Type of interest Upper limit for RPD, in %. Lower Recovery Limit, in % (except for LCSS, mg/Kg) Method Detection Limit. Same as Minimum Reporting Limit unless omitted or equal to the PQL (see comment #5). Allows for instrument and annual fluctuations. A number assigned to reagents/standards to trace to the manufacturers certificate of analysis Practical Quantilation Limit. Synonymous with the EPA tern "minimum level". True Value of the Control Sample or the amount added to the Spike Recovered amount of the true value or spike added, In % (except for LCSS, mg/Kg) Relative Percent Difference, calculation used for Duplicate QC Types Upper Recovery Limit, in % (except for LCSS, mg/Kg) Value of the Sample of interest QC Sample Types AS ASD CCB CCV DUP /CB !cv 1CSAB LCSS LCSSD LCS W Analytical Spike (Post Digestion) Analytical Spike (Post Digestion) Duplicate Continuing Calibration Blank Continuing Calibration Verification standard Sample Duplicate Initial Calibration Blank Initial Calibration Verification standard Inter -element Correction Standard - A plus B solutions Laboratory Control Sample - Soil Laboratory Control Sample - Sot Duplicate Laboratory Control Sample - Water LCSWD LFB LFM LFMD LRB MS MSD PBS PBW PQV SPL Laboratory Control Sample - Water Duplicate Laboratory Fortified Blank Laboratory Fortified Matrix Laboratory Fortified Matrix Duplicate Laboratory Reagent Blank Matrix Spike Matrix Spike Duplicate Prep Blank - Soil Prep Blank - Water Practical Quantitation Verification standard Serial Dilution QC Sample Type Explanations Blanks Control Samples Duplicates Spikes/Fortified Matrix Standard Verifies That there is no or minimal contamination in the prep method or calibration procedure. Verities the accuracy of the method, including the prep procedure, Verities the precision of the instrument and/or method. Determines sample matrix interferences, if any. Verities the validity of the calibration. ACZ Qualifiers (Qua!) B H L u Analyte concentration detected at a value between MDL and PQL. The associated value is an estimated quantity. Analysis exceeded method hold time. pH Is a held test with an Immediate hold time. Target analyte response was below the laboratory defined negative threshold. The material was analyzed for, but was not detected above the level of the associated value. The associated value is either the sample quantitation limit or the sample detection limit. Method References (1) (2) (3) (4) {5) EPA 60014-83-020. Methods for Chemical Analysis of Water and Wastes, March 1983. EPA 60014-93-100. Methods for the Determination of Inorganic Substances In Environmental Samples, August 1993. EPA 600/R-94-111. Methods for the Determination of Metals In Environmental Samples - Supplement i, May 1994. EPA SW -846. Test Methods for Evaluating Solid Waste. Standard Methods for the Examination of Water and Wastewater. Comments (1) (2) (3) (4) (5) 05 results calculated from raw data. Results may vary slightly if the rounded values are used in the calculations. Soil, Sludge, and Plant matrices for Inorganic analyses are reported on a dry weight basis. Animal matrices for Inorganic analyses are reported on an "as received" basis. An asterisk in the "XC' column indicates there is an extended qualifier and/or certification qualifier associated wllh the result. If the MDL equals the PQL or the MDL column is omitted, the PQL is the reporting limit. Fora complete list ofACZ's Extended Qualifiers, please click:hitte://tvww.acz.condpublic/c\tuuallisl.udf REP001.03.15.02 L41142-1712191553 Page 4 of 21 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Zancanella & Associates Inorganic QC Summary ACZ Project ID: L41142 Alkalinity as CaCO3 SM2320B - Titration ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG436247 WG436247PBW1 PBW 11/16/17 17:41 U mglL -20 20 WG436247LCSW3 LCSW 11/16/17 17:59 W0171114-1 820.0001 771 mglL 94 90 110 WG436247LCSW6 LCSW 11/16/1721:25 WC171114-1 820.0001 777 ma 95 90 110 WG436247P0W2 PBW 11/18/17 21:342.4 mg/L -20 20 L41175-02DUP UUP 11/17/17 0:3641.8 41.9 mg/L 0 20 WG436247LCSW9 LCSW 11/17/17 0:53 W6171114-1 820.0001 776 mg/L 95 90 110 WG4436247PBW3 PBW 11/17/17 1:01 2.3 mg/L -20 20 WG436247LCSW12 LCSW 11/17/17 4:58 WC171114-1 820.0001 769 mglL 94 90 110 WG436247PBW4 PBW 11/17/17 5:074.2 mg/L -20 20 WG436247LCSW15 LCSW 11/17/17 7:30 W0171114-1 820.0001 789 mg1L 96 90 110 Aluminum, total recoverable M200.8 ICP -MS ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG437758 WG4377581CV 1CV 12108/17 21:03 MS171115-2 .1 .1086 mg/L 109 90 110 WG437758ECB ICB 12/08/17 21:05 U mg1L -0.003 0.003 WG437373LRB LRB 12/08/17 21:12 U mg/L -0,0022 0.0022 WG437373LFB LFB 12/08/17 21:14 M8171129-3 .050065 .0497 mglL 99 85 115 L41141-01 LFM LFM 12/08/17 21:19 MS171129-3 .050065 .006 .0524 ma 93 70 130 L41141-01 LFMD LFMD 12/08/17 21:21 MS171129-3 .50065 :006 .0515 mg/L 91 70 130 2 20 Antimony, total recoverable M200.8 ICP -MS ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG437758 WG4377581CV ICV 12/08/17 21:03 WG4377581CB ICB 12/08/1721:05 WG437373LRB LRB 12/08/17 21:12 WG437373LFB LFB 12/08/17 21:14 L41141-01 LFM LFM 12/08/17 21:19 L41141-01 LFMD LFMD 12108/17 21:21 MS171115-2 .02 .01898 mg/L 95 90 110 U mg11_ -0.0012 0.0012 U mg/L. -0.00088 0.00088 MS171129-3 .01 .01085 mglL 109 85 115 M5171129-3 .01 U .01107 mg/L 111 70 130 MS171129-3 .01 U .01099 mg/L 110 70 130 1 20 Arsenic, total recoverable M200.8 ICP -MS ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG437758 WG4377581CV ICV 12108/17 21:03 MS171115-2 .05 .04939 mg/L 99 90 110 WG4377581CB ICB 12/08/17 21:05 U mg/L -0.0015 0.0015 W0437373L99 LRB 12/08/17 21:12 U mglL -0.0011 0.0011 WG437373LFB LFB 12/08/1721:14 MS171129-3 .0501 .04612 m91L 92 85 115 L41141-01 LFM LFM 12/08/17 21:19 MS171129-3 .0501 .0008 .04587 mg/L 90 70 130 L41141-01LFMD LFMD 12/08/17 21:21 M8171129-3 .0501 .0008 .04504 mg/L BB 70 130 2 20 L41142-1712191553 Page 5 of 21 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Zancanella & Associates Inorganic QC Summary ACZ Project la L41142 Barium, total recoverable M200.7 ICP ACZ ID Type Analyzed PCNISCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG437066 WG4370661CV ICV 11/30/17 10:48 11171108-1 WG437066ICB ICB 11/30/17 10:54 WG436941LRB LRB 11130/1711:09 WG436941 LFB LFB 11/30/17 11:12 11171122-1 L41142-01 LFM LFM 11130/17 11:21 11171122-1 L41142-01 LFMD LFMD 11/30117 11:24 11171122-1 2 1.9538 m911- 98 95 105 U mg/L -0.009 0.009 U mg/L -0.0066 0.0066 .5015 .4779 mg/L 95 85 115 .5015 .068 .5475 mg/L 96 70 130 .5016 .068 .5531 mg/L 97 70 130 1 20 Beryllium, total recoverable M200.7 ICP ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG437066 WG4370661CV ICV 11/30/17 10:48 11171108-1 WG4370661CB ICB 11/30/17 10:54 WG436941LRB LRB 11/30/17 1 1:09 WG436941LFB LFB 11/30/17 11:12 11171122-1 L41142-01 LFM LFM 11/30/17 11:21 11171122-1 L41142-01 LFM D LFMD 11/30/17 11:24 11171122-1 2 2.006 mg/L 100 95 105 U mg/L -0.03 0.03 U mg/L -0.022 0.022 .4995 .488 m91L 98 85 115 .4995 U .483 mg/L 97 70 130 .4995 U .486 mg/L 97 70 130 1 20 Cadmium, total recoverable M200.7 ICP ACZ 1D Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit uB WG437120 WG4371201CV !CV 11/30/17 16:58 11171129-1 WG4371201C8 /CB 11/30/17 17:04 WG436941LRB LRB 11130/1717:20 WG436941 LFB LFB 11/30/17 17:24 11171122-1 L41142-01 LFM LFM 11/30/17 17:33 11171122-1 L41142-01LFMD LFMD 11/30/17 17:37 11171122-1 2 1.9588 mg/I_ 98 95 105 U mg/L -0.015 0.015 U mg/L -0.011 0.011 4995 .4598 1-11g/1- 92 85 115 .4995 U .4553 mg/L 91 70 130 .4995 U .4518 mglL 90 70 130 1 20 Calcium, dissolved M200.7 ICP ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Ree Lower Upper RPD Limit Quail WG437332 WG4373321CV ICV 12/05117 22:59 11171129-1 100 100.68 mg/L 101 95 105 WG4373321CB ICB 12/05/17 23:05 U mg&L -0.3 0.3 WG437332LFB LFB 12/05/17 23:17 11171122-1 68.01098 72 mg/L 106 85 115 L41183-01AS AS 12/05/17 23:29 11171122-1 68,01098 157 221.3 mg/L 95 85 115 L41183-01ASD ASD 12/05/17 23:32 11171122-1 68.01098 157 221 ma 94 85 115 0 20 Chloride M300.0 - Ion Chromatography ACZ ID Type Analyzed PCNISCN QC Sample Found Units Rec Lower Upper RPD Limit Quail WG435992 WG4359921CV ICV 11/13/17 19:39 W1171110-2 20.06 20.3 mg/L 101 90 110 WG4359921CB IGB 11/13/17 19:57 U mg/L -0.4 0.4 WG437680 WG437680LFB LFB 12/07/1718:49 0/1171119-4 30.43 29.9 mg/L 100 90 110 L41141-01 DUP DUP 12107/17 19:25 14.7 14.7 mg/L 0 20 RA L41142-01AS AS 12/07/17 20:00 WI171110-4 150.15 11.4 161 mg/L 100 90 110 L41142-1712191553 Page 6 of 21 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Zancanella & Associates Inorganic QC Summary Ai ACZ Project ID: L41142 Chromium, total recoverable M200.7 ICP ACZ ID Type Analyzed PCNISCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG437066 WG4370661CV ICV 11/30/17 10:48 11171108-1 WG437066ICB ICB 11130/17 10:54 WG436941LRB LRB 11/30/17 11:09 WG436941 LFB LFB 11/30/17 11:12 11171122-1 L41142-01 LFM LFM 11/30117 11:21 11171122-1 L41142-01LFMD LFMD 11/30/17 11:24 11171122-1 2 1.992 m911- 100 95 105 U mg/L -0.03 0.03 U mg/L -0.022 0.022 .498 .49 mg/L 98 85 115 .498 U .486 mg/L 9B 70 130 .498 U .49 mg/L 98 70 130 1 20 Conductivity @25C SM2510B ACZ ID Type Analyzed PCNISCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG436247 WG436247LCSW2 LCSW 11/16/17 17:46 PCN54242 WG436247LCSW5 LCSW 11116/17 21:13 PCN54242 L41175-02DUP DUP 11/17/17 0:36 WG436247LCSW8 LCSW 11/17/17 0:40 PCN54242 WG436247LCSW11 LCSW 11/17/17 4:96 PCN54242 WG436247LCSW14 LCSW 11/17/17 7:18 PCN54242 1410 1400 umhoslcm 99 90 110 1410 1400 umhoslcm 99 90 110 127 127 umhoslcm 1414 1400 umhos/cm 99 90 110 1410 1440 umhoslcm 102 90 110 1410 1460 umhoslcm 104 90 110 Copper, total recoverable ACZ ID M200.7 ICP 0 20 Type Analyzed PCNISCN QC Sample Found Units Rec Lower Upper RPD Limit Quay WG437066 WG437066I CV ICV 11/30/17 10:48 11171108-1 WG4370661CB ICB 11/30/17 1 0:54 WG436941LRB LRB 11/30/17 11:09 WG436941LFB LFB 11/30/17 11:12 11171122-1 L41142-01 LFM LFM 11/30/17 11:21 11171122-1 L41142-01 LFMD LFMD 11/30/17 11:24 11171122-1 2 1.958 mg/L 98 95 105 U mg&L -0.03 0.03 U mg/L -0.022 0.022 .5 .479 mg/L 96 85 115 .5 U .479 mg/L 96 70 130 .5 U .483 mg/L 97 70 130 1 20 Cyanide, total M335.4 - Colorimetric wl distillation ACZ ID Type Analyzed PCNISCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG436715 WG4367151CV ICV 1112211720:10 W1171113-10 .3008 WG4367151CB ICB 11/22/17 20:10 WG436716 WG436696LRB LRB 11/22/17 21:07 WG436696LF3 LFB 11/22/1721:08 WI171113-8 L41141-01 LFM LFM 11122/17 21:12 W1171113-6 L41142-01DUP DUP 11/22/17 21:13 Fluoride .2872 mg(L 96 U mg/L 90 110 -0.003 0.003 U mg/L -0.003 0.003 .2 .1879 mg/L 94 90 110 .2 U .1818 mg/L 91 90 110 U U M300.0 - Ion Chromatography mg/L 0 20 RA ACZ ID Type Analyzed PCNISCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG435992 WG4359921CV ICV 11/13/17 19:39 W1171110-2 3.996 W04359921CB ICB 11/13/17 19:57 WG437576 4.06 mg/L 102 90 110 U mg/L -0.05 0.05 WG437576LFB LFB 12107/17 1:59 W1171110-4 1.5 1.49 mg/L 99 90 110 L41141-01DUP DUP 12/07/17 2:35 U U mg1L 0 20 RA L41142 -01A5 AS 12/07/17 3:11 WI171110-4 7.5 U 7.65 mg&L 102 90 110 L41142-1712191553 Page 7 of 21 ADZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Zancanella & Associates Inorganic QC Summary ACZ Project ID: L41142 Iron, total recoverable M200.7 ICP ACZ ID Type Analyzed PCNISCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG437066 WG4370661CV ICV 11/30/1710:48 11171108-1 2 1.946 mg/L 97 95 105 WG4370661CB ICB 11/30/17 10:54 U mg/L -0.06 0.06 WG436941LRB LRB 11/30/17 11:09 U mg/L -0.044 0.044 WG438941LFB LFB 11/30/17 11:12 11171122-1 1.0011 .973 m97L 97 85 115 L41142-01LFM LFM 11/30/17 11:21 11171122-1 1.0011 .94 1.933 mg/L 99 70 130 L41142-01LFMD LFMD 11/30/17 11:24 11171122-1 1.0011 .94 1.958 m97L 102 70 130 1 20 Lead, total recoverable M200.8 ICP -MS ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG437758 WG437758iCV ICV 12/08/17 21:03 MS171115-2 ,05 .05257 mg/L 105 90 110 WG4377584CB ICB 1 2108/1 7 21:05 U mg/L -0.0003 0.0003 WG437373LRB LRB 12/08/1721:12 U mg/L -0.00022 0.00022 WG437373LFB LFB 12/08/17 21:14 M5171129-3 .0496.04617 mg/L 93 85 115 L41141-01 LFM LFM 12!0611721:19 M0171129-3 .0496 U .04584 mg/1 92 70 130 L41141-01 LFMD LFMD 12/08/17 21:21 M5171129-3 .0496 U 04545 mglL 92 70 130 1 20 Magnesium, dissolved M200.7 ICP ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG437332 WG4373321CV ICV 12/05/17 22:59 11171129-1 100 100.43 mg71- 100 95 105 WG4373321CB !CB 12/05/17 23;05 U mg/L -0.6 0.6 WG437332LFB LFB 12/05/17 23:17 11171122-1 50.18882 50.16 mg/L 100 85 115 L41183-01AS AS 12/05/17 23;29 11171122-1 50.18882 110 154.9 mg/L 89 85 115 L41183-01ASD ASD 12/05/17 23:32 11171122-1 50.18882 110 154.6 mg/L 89 85 115 0 20 Manganese, total recoverable M200.7 ICP ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG437066 WG4370661CV ICV 11/30/17 10:48 11171108-1 WG4370661CB ICB 11/30/17 10:54 WG436941LRB LRB 11/30/17 11:09 WG436941 LFB LFB 11/30/17 11:12 11171122-1 L41142-01 LFM LFM 11/30/17 11:21 11171122-1 L41142-01 LFMD LFMD 11/30/17 11:24 11171122-1 2 1.9782 mg/L 99 95 105 U mg/L -0.015 0.015 U mg/L -0.011 0.011 .5 .4917 mg7L 98 85 115 .5 .015 .5034 mg/L 98 70 130 .5 .015 .5105 mg/L 99 70 130 1 20 Mercury, total M245.1 CVAA ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG437245 WG4372451CV ICV 12/04/17 17:43 H0171030-2 .005005 WG437245106 ICB 12/04/17 17:44 .00486 mg/L 97 95 105 U mg/L -0.0002 0.0002 WG437247 WG437247LRB LRB 12/04/17 18:31 U mg/L -0.00044 0.00044 WG437247LFB LFB 12/04/17 18:32 HG171204-3 .002002 .00188 mg/L 94 85 115 L41279-01LFM LFM 12/04/17 18:38 H0171204-3 .002002 U .00195 m91L 97 85 115 L41279-D1LFMD LFMD 12/04/17 18:39 HG171204-3 .002002 U .00189 mg/L 94 85 115 3 20 L41142-1712191553 Page 8 of 21 ADZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Zancanella & Associates Inorganic QC Summary ACZ Project ID: L41142 Nickel, total recoverable M200.7 ICP ACZ ID Typo Analyzed PCNISCN QC Sample Found Units Ret Lower Upper RPD Limit Qual WG437086 WG4370661CV ICV 11130!17 10:48 1117110B-1 2.004 WG4370661CB ICB 11130/17 10:54 WG436941LR6 LRB 11/30/17 11:09 WG436941 LFB LFB 11/30/17 11:12 11171122-1 L41142-01 L F M LFM 11/30/17 11:21 11171122-1 L41142-01 LFMD LFMD 11/30/17 11:24 1171122-1 1.9902 mg/L 99 95 105 U mg/L -0.024 0.024 U mg/L -0.0176 0.0176 .4995 .4964 mg/L 99 85 115 .4995 U .484 mg/L 97 70 130 .4995 U .4923 mgfL 99 70 130 2 20 Nitrate/Nitrite as N, dissolved M353.2 - Automated Cadmium Reduction ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG436042 WG4360421CV ICV 11!14!17 20:50 W1170514-11 2,416 2.431 mg/t- 101 90 110 WG4360421CB CB 11114/17 20:51 U mg/L -0,02 0.02 WG436042LFB LFB 11114!1720:56 W1170705-5 2 1.968 mg/L 98 90 110 L40772-04AS AS 11!14117 20:58 W117070.5-51000 430 1498 mg/L 107 90 110 L40772-05DUP DUP 11/14/17 21:01 410 410 mg/L Nitrite as N, dissolved M353.2 - Automated Cadmium Reduction 0 20 ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG436042 WG4360421CV ICV 11/14/17 20:50 W1170914-11 .609 .66 mg/L 108 90 110 WG4360421CB ICB 11/14/17 20:51 U mg/L -0.01 0.01 WG436042LFB LFB 11/14/17 20:56 W1170705-5 1 1.015 mg/L 102 90 110 L40772-04AS AS 11/14/17 20:56 W1170705-5 500 83 630.2 mg/L 100 90 110 L40772-05DUP DUP 11/14/17 21:01 80 78.9 n191L 1 20 pH (lab) SM4500H+ B ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Ret Lower Upper RPD Limit Qual WG436247 WG436247LCSW1 LCSW 11/16/17 17:44 PCN52664 6 WG436247LCSW4 LCSW 11/16/17 21:11 PCN52664 6 L41175-02DUP DUP 11/17117 0:36 WG436247LCSW7 LCSW 11/17)17 0:38 PCN52664 6 WG436247LCSW10 LCSW 11/17/17 4:45 PCN52654 6 WG436247LCSW13 LCSW 11/17/17 7:16 PCN52664 6 Residue, Filterable (TDS) @18OC SM2540C B.1 6.1 units 102 5.9 6.1 6.1 units 102 5.9 6.1 8.1 units 6.1 units 102 5.9 6.1 6.1 units 102 5.9 6.1 6.1 units 102 5.9 6.1 0 20 ACZ ID Type Analyzed PCNISCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG436586 WG436586PBW PBW 11/21/17 12:00 WG436586LCSW LCSW 11/21/17 12:01 L41262-05DUP DUP 11/21/17 12:23 U mg/L PCN54604 260 246 mg/L 95 80 120 -20 20 304 296 mgfL 3 10 L41142-1712191553 Page 9 of 21 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Zancanella & Associates Inorganic QC Summary ACZ Project ID: L41142 Selenium, total recoverable M200.8 ICP -MS ACZ 111 - Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG437758 W134377581CV ICV 12/08/17 21:03 MS171115-2 .05 .0519 mg/1- 104 90 110 WG4377581CB ICB 12/08/17 21:06 U mg/L -0.003 0.003 WG437373LRB LRB 12/08//1721:12 U mg/L -0,0022 0,0022 WG437373LFB LFB 12/08/1721:14 M8171129-3 .05005 .0477 mg/L 95 85 115 L41141-01 LFM LFM 12108/17 21:19 15171129-3 .05005 .003 .0483 mg71- 91 70 130 L41141-01LFMD LFMD 12/08/17 21:21 MS171129-3 .05005 .003 .046 mg/L 86 70 130 5 20 Silver, total recoverable M200.8 ICP -MS ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG437758 WG4377581CV ICV 12/08/17 21:03 M5171115-2 .02004 .02117 mg/L 106 90 110 WG4377581CB ICB 12/08/1721:05 U m9/L -0.00015 0.00015 WG437373LRB LRB 12/08/1721:12 U mg/L -0.00011 0.00011 WG437373LFB LFB 12/08/17 21:14 MS171129-3 .01002 .009397 mg/L 94 85 115 L41141-01LFM LFM 12/08/17 21:19 MS171129-3 .01002 U .009068 mg/L 90 70 130 L41141-01LFMD LFMD 12/08/1721:21 MS171129-3 .01002 U .008848 mg- 88 70 130 2 20 Sodium, dissolved M200.7 ICP ACZ1D Type Analyzer! PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG437332 WG4373321CV ICV 12/05117 22:59 11171129-1 100 99.1 mg/L 99 95 105 WG4373321CB ICB 12/05/17 23;05 U mg/L -0.6 0.6 WG437332LFB LFB 12/05)17 23:17 11171122-1 100.0023 102.6 mg(1- 103 85 115 L41183-01AS AS 12/05/17 23:29 11171122-1 100,0023 202 291,3 mg/L 89 85 115 L41183-01ASD ASD 12/05/17 23:32 11171122-1 100.0023 202 293.2 mg/L 91 85 115 1 20 Sulfate M300.0 - Ion Chromatography ACZ ID Type Analyzed PCNISCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG435992 WG4359921CV ICV 11/13/17 19:39 W1171110-2 50 50.3 mg/L 101 90 110 WG4359921CB ICB 11/13/171957 U mg/L -0.4 0.4 W G437576 WG437576LFB LFB 12107/171:59 W1171110-4 30,03 29.4 mg/L 98 90 110 L41141 -0100P DUP 12/07/17 2:35 220 221 mg/L L41142-01AS AS 12/07/17 3:11 W1171110-4 160.15 173 322 mg/L 99 90 110 Thallium, total recoverable M200.8 ICP -MS 0 20 ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Re.c Lower Upper RPD Limit Qu; WG437758 WG4377581CV ICV 12/08/17 21:03 MS171115-2 .05 .05489 mg/L 110 90 110 WG4377581CB IGB 12/08/17 21:05 U mg/L -0.0003 0.0003 8VG437373LRB LRB 12/08/17 21:12 U mg/L -0.00022 0.00022 WG437373LFB LFB 12108/17 21:14 M5171129-3 .0501.04782 mg/L 95 85 115 L41141-01 LFM LFM 12108117 21:19 M5171129.3 055 U .04921 mg/L 98 70 130 L41141-01LFMD LFMD 12/08/17 21:21 M6171129-3 .0501 U 04871 m97L 97 70 130 1 20 L41142-1712191553 Page 10 of 21 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Zancanella & Associates Inorganic QC Summary ACZ Project ICI: L4/742 Uranium, total recoverable M200.8 ICP -MS ACZ ID Type Analyzed PCNISCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG437758 WG4377581CV ICV 12108/17 21:03 MS171115-2 .05 .05295 m91L 106 90 110 WG4377581C0 ICB 12/08/17 21:05 U mg/L -0.0003 0.0003 WG437373LRB LRB 12/08/17 21:12 U mg1L -0.00022 0.00022 WG437373LFB LFB 12/08/17 21:14 M5171179-3 .05.04838 mg/L 97 85 115 L41141-01 LFM LFM 12/08/17 21:19 MS171129-3 .05 .0044 05587 mg11- 103 70 130 L41141-01 LFMD LFMD 12108117 21:21 MS171129-3 .05 .0044 .0559 mg/1_ 103 70 130 0 20 Zinc, total recoverable M200.7 ICP ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG437066 WG4370661CV ICV 11/30/17 10:48 11171108-1 21.913 11191L 96 95 105 WG4370661CB ICB 11/30/17 10:54 U mgfL -0.03 0.03 WG436941LRB LRB 11/30/17 11:09 U mg/L -0.022 0.022 WG436941LFB LFB 1113011711:12 11171122-1 .4942 .491 mg1L 99 85 115 L41142-01LFM LFM 11!3011711:21 11171122-1 4942 U .473 mglt 96 70 130 L41142-01LFM❑ LFMD 11/30/17 11:24 11171122-1 .4942 U .483 mg1L 98 70 130 2 20 L41142-1712191553 Page 11 of 21 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Zancanella & Associates Inorganic Extended Qualifier Report ACZ Project ID: L41142 ACZ ID WORKNUM PARAMETER METHOD QUAL DESCRIPTION L41142-01 WG437680 Chloride RG623403 Corrosivity (calc.) WG436716 Cyanide, total WG437576 Fluoride M300.0 - Ion Chromatography SM 2330 - CaCO3 51 M335.4 - Colorimetric w! distillation M300.0 - ton Chromatography M300.0 - Ian Chromatography WG436042 Nitrate/Nitrite as N, dissolved M353.2 - Automated Cadmium Reduction M353.2 - Automated Cadmium Reduction Nitrite as N, dissolved M353.2 - Automated Cadmium Reduction M353.2 - Automated Cadmium Reduction WG436586 Residue, Filterable (TDS) @180C 5M2540C RA ZZ RA DC RA H3 zU H3 ZU HC Relative Percent Difference (RPD) was not used for data validation because the concentration of the duplicated sample is too low for accurate evaluation (< 10x MDL). Laboratory measured pH and temperature were used in this calculation. Sampler did not report either field pH, field temperature, or both. Relative Percent Difference (RPD) was not used for data validation because the concentration of the duplicated sample is too low for accurate evaluation (< 10x MDL). Sample required dilution. Non -target analyte exceeded calibration range. Relative Percent Difference (RPD) was not used for data validation because the concentration of the duplicated sample is too low for accurate evaluation (< 10x MOL). Sample was received and analyzed past holding time. Analysis date/time preceeds filter date/time. A portion of sample was filtered and analyzed prior to the creation of a Filter workgroup Sample was received and analyzed past holding lime. Analysis date/time preceeds filter date/time. A portion of sample was filtered and analyzed priori() the creation of a Filter workgroup. initial analysis within holding time. Reanalysis was past holding time, which was required due to a QC failure during the initial analysis. REPAD.15.06.05.01 L41142-1712191553 Page 12 of 21 ADZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Zancanella & Associates Project ID: Sample ID: Locator: KINNEY-OLD RadioChemistry Analytical Results ACZ Sample ID: Date Sampled: Date Received: Sample Matrix: L41142-01 11/09/17 10:15 11/13/17 Drinking Water Gross Alpha & Beta M900.0 Alpha Beta Radium 226 M903.1 12/03/17 0:12 12/03/17 0:12 171.H,-ri; 2.5 3.3 3.4 6.6 4.1 4 pCi/L pCi/L Prep Method: leb leb Prep Method: 1::t4=t4iILI 101,W. pCi/L Radium 226 Radium 228 M904.0 12/04/17 0:25 0.04 0.06 0.06 tjr Prep Method: rriffifliWk-1 °I.Ta2t1 Radium 228 11/20/17 15:03 0.27 0.35 0.36 pCi/L k jig REPRC.02.06.05.01 * Please refer to Qualifier Reports for details. L41142-1712191553 Page 13 of 21 ACZLaboratories, Inc. 2773 Downhill Dtive Steamboat Springs, CO 80487 (800) 334-5493 Radiochemistry Reference Report Header Explanations Batch Error(+/-) Found Limit LCL A distinct set of samples analyzed at a specific time Calculated sample specific uncertainty Value of the QC Type of interest Upper limit for RPD, in %. Lower Control Limit, in % (except for LCSS, mg/Kg) LLD Calculated sampte specific Lower Limit of Detection PCNISCN A number assigned to reagentslslandards to trace to the manufacturer's certificate of analysis PQL Practical Quantitation Limit QC True Value of the Control Sample or the amount added to the Spike Rec Amount of the true value or spike added recovered, in % (except for LOSS, mg/Kg) RER Relative Error Ratio, calculation used for Dup. QC taking into account the error factor. RPD Relative Percent Difference, calculation used for Duplicate QC Types UCL Upper Control Limit, in % (except for LOSS, mg/Kg) Sample Value of the Sample of interest QC Sample Types DUP LCSS LCSW Sample Duplicate Laboratory Control Sample - Soil Laboratory Control Sample - Water MS/MSD PBS PBW Matrix SpikelMatrix Spike Duplicate Prep Blank - Soil Prep Blank - Water QC Sample Type Explanations Blanks Control Samples Duplicates Matrix Spikes Verifies that there is no or minimal contamination In the prep method procedure. Verifies the accuracy of the method, including the prep procedure. Verifies the precision of the instrument and/or method. Determines sampte matrix interferences, if any. ACZ Qualifiers (Qua/) H Analysis exceeded method hold time. Method Prefix Reference M SM D RP ESM EPA methodology, including those under SDWA, CWA, and RCRA Standard Methods for the Examination of Water and Wastewater. ASTM DOE DOE(ESM Comments (1) (2) (3) (4) Solid matrices are reported on a dry weight basis. Preparation method: "Method" indicates preparation defined in analytical method. QC results calculated from raw data. Results may vary slightly if the rounded values are used in the calculations. An asterisk in the "XQ" column indicates there is an extended qualifier and/or certification qualifier associated with the result. For a complete list of ACZ's Extended Qualifiers, please click: http://www.acz.Com/public1extdualllst.pdf REP003.09.12.01 L41142-1712191553 Page 14 of 21 SW £0-6090b1 d 11C ZO-609041 M5018Z49£4{JM M9deZ49E4JM E ❑ r -0 co c 0 co -u to < a3 -n o N N N 1 O o O 0 J 71 V V 0 0 z z A A co to N N 0 0 0 N o o V 0 in a 0 « N w o o O 0 Cis co CP W m o o 0 0 0 0 � 0 0 0 A A w w 0 co m 0 W 01 0 6L£LEPJM N c 0 z aI z D V1 3 e m O r r 0 0 a m O r 0 9ZZ wnipeb SW r� W LO -90Z13,1 dila L. 0-90Z141 dita 4.0-50Z1.41 d 1101.0-680147 MS019L L9Eb°JM M9d9L49£45M cc ❑ n w v m m m 0o N N N N o 0 o W (aa w W W W VILI; V O L-S1.60Lla2! m -4 01.-SL60L43a 0 0 N J 1 1., 0 0 Na CO 0 N N !V 0 0 0 CO CO N • N N LLZL£49M 0 N 0 z N 0 z 0 n N 3 m O r 0 O d r 0 n rrr.��rs -12 ❑ m 3 0 c m C N 0 w c 13 0 r SW 40-40 L 141 dflal0-90ZI41 df1°L0-680L41 dna L0-680141 MSO19L L 9£49M M8d9L1.9£4`JM ❑ ❑ ❑ o "D (/7 c c c CS w 7113 73 73 7 O m 13 ❑ 73 0 N N (0 N N 0 0 0 0 0 0 W W co CO c1 i1 -.4 -4 V V cn 0) 0 1=1- P o (T (n W -4 W (il A A LP CP m -4 A 0 z 0 0 0 0 0 jo fa A A (O o o) o o W re N 4, 0 O EP p cn 4 0 0 LLZL£49M 0 t. ■.. 3a. .0/41.0 0 co co O O 13 0 salelaosstl'2 elleueaue2 :CII pe[oJd Z3V 0991-6 Gz LL l--Z'i l Lb] dnaza-Eba «1 dna4a-boLL.b-J SL O-£b0LbT dnaz0-Eb0 Lbs dfG 60-b061fT M9d92 L9£baM M5O19919E 7 M cCWcLWO v 7 7 v U% v m m v O A 7J 0 0 01 N N 0 0 0 0 0 0 0 V V -J J J V V C1 Cl Z Z VI 0 4. cv 01 0 0 CO ID N N N N N N N co A 10 in ? 0 0 0 0 0 �4 V 0 m V W A 0 0 A O 0 O o 0 co., CO C1„:. A W A N 0 0 A 0 A W j 0 0 N N s N W m 0 0 O j O O A N N ? N W V O N 0 - W 0) W rn N 0 8999EVOM 2ZZ wngpeei sa;eeaossd + elieueoueZ :a9 Toefojd Z3V RadChem Extended Qualifier Report 1 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Zancanella & Associates ACZ Project ID: L41142 ACZ ID W0RKNUMVI PARAMETER METHOD QUAL DESCRIPTION L41142-01 WG437277 Alpha WG438558 Radium 228 M900,0 M900.0 RG Sample concentration is less than 5x LLD; RPO was not used for data validation. Replicate Error Ratio (RER) is less than 2. Precision judged to be in control. Z1 The NPDWR required detection limit was not satisfied. M904.0 RG Sample concentration is less than 5x LLD; RPD was not used for data validation. Replicate Error Ratio (RER) is less than 2. Precision judged to be in control. REPAD.15.06.05.01 L41142-1712191553 Page 17 of 21 ADZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Zancanella & Associates Certification Qualifiers ACZ Project ID: 1_41142 Metals Analysis The following parameters are not offered for certification or are not covered by NELAC certificate #ACZ. Aluminum, total recoverable Barium, total recoverable Beryllium, total recoverable Cadmium, total recoverable Chromium, total recoverable Copper, total recoverable Nickel, total recoverable M200.8 ICP -MS M200,7 ICP M200,7 ICP M200,7 ICP M200,7 ICP M200,7 IC P M200,7 ICP REPAD.05.06.05.01 L41142-1712191553 Page 18 of 21 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Zancanella & Associates Sample Receipt ACZ Project ID: Date Received: Received By: Date Printed: L41142 11/13/2017 10:56 11/14/2017 Receipt Verification 1) Is a foreign soil permit included for applicable samples? 2) Is the Chain of Custody form or other directive shipping papers present? 3) Does this project require special handling procedures such as CLP protocol? 4) Are any samples NRC licensable material? 5) If samples are received past hold time, proceed with requested short hold time analyses? 6) Is the Chain of Custody form complete and accurate? 7) Were any changes made to the Chain of Custody form prior to ACZ receiving the samples? YES NO NA X X X X X Samples/Containers 8) Are all containers intact and with no leaks? 9) Are all labels on containers and are they intact and legible? 10) Do the sample labels and Chain of Custody form match for Sample ID, Date, and Time? 11) For preserved bottle types, was the pH checked and within limits? 12) Is there sufficient sample volume to perform all requested work? 13) Is the custody seal intact on all containers? 14) Are samples that require zero headspace acceptable? 15) Are all sample containers appropriate for analytical requirements? 16) Is there an Hg -1631 trip blank present? 17) Is there a VOA trip blank present? 18) Were all samples received within hold time? Some parameters were received past hold time. 1 YES NO X x NA X r x X x NA indicates Not Applicable Chain of Custody Related Remarks Client Contact Remarks Shipping Containers Cooler Id Temp(°C) Temp Rad(pR/Hr) Custody Seal Criteria(°C) Intact? 5255 3.6 <=6.0 15 Yes Was ice present in the shipment container(s)? Yes - Wet ice was present in the shipment container(s). Client must contact an ACZ Project Manager if analysis should not proceed for samples received outside of their thermal preservation acceptance criteria. REPAD LPII 2012-03 L41142-1712191553 Page 19 of 21 ADZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Zancanella & Associates ACZ Project ID: Date Received: Received By: Date Printed: Sample Receipt 1 The preservation of the following bottle types is not checked at sample receipt: Orange (oil and grease), Purple (total cyanide), Pink (dissolved cyanide), Brown (arsenic speciation), Sterile (fecal coliform), EDTA (sulfite), HCI preserved vial (organics), Na2S2O3 preserved vial (organics), and HG -1631 (total/dissolved mercury by method 1631). L41142 11/13/2017 10:56 11/14/2017 REPAD LPII 2012-03 L41142-1712191553 Page 20 of 21 1 1 1 1 1 1 1 ACZ Laboratories, Inc. L 1-) LI 2 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Report to: Name: Company: E-mail: A c- /i9'�!/G Copy of Report to: Name: Address: A'/ // , 4 l� eiephone: 9�0 94 5 7 CHAIIJ of CUSTODY E-mail: Company: Telephone: Invoice to: Name: Company: E-mail: Address: Telephone: If sample(s) received past holding time (NT), or if insufficient HT remains to complete analysis before expiration, shall ACZ proceed with requested short HT analyses? 1 "NO" then ACZ will contact client tor further Instruction. fl neither "YES' nor NO le Indicated, ACZ will proceed with the requested analyses, even If HT Is a pir Are samples for SDWA Compliance Monitoring? Yes I I No 1 f1 yes, please include state forms. Results will be reported to PQL. for Colorad Sampler's Name: Sampler's Site Information State C G) Zip code di 'Samplers Signature: � Q '1attest to the aulhenl city and validity of tniasample- I understand that 'nista with the sample In anyway, Is considered fraud and pun shablu by Slate taw. PROJECT INFORMATION Quote tf: cr%Z Reporting state for compliance testing: Check box if samples include NRC licensed material? SAMPLE IDENTIFICATION DATE:TIME Matrix Matrix 1/ 9>i7 YES 74 NO •, and data Will be qu idled 657 Time Zone IN the tIrneldatelle abort, or tampering ANALYSES REQUESTED (attach st or use quote number) SW (Surface Water) • GW (Ground Water) • WW (Waste Water) • DW (Drinking Water) • SL (Sludge) • 5O (Soil) REMARKS cel /4d4-- ,4%/141 d- e refer fo ACZ's terms & conditions located on the reverse side of this C RELINQUISHED BY: FRMAD050.03.14.13 L41142-1712191553 OL (Oil) • Other (Specify) )C. DATE:TIME RECEIVED BY: DATE:TIME /7 //1 J/ // //7 AA/ 117,01 10•-56 White - Return with sample. Yellow - Retain for your records. Page 21 of 21 Exhibit 1 Copy of Staff Report, Referral Comments and Hazard Maps from Original Submittal Minor Subdivision M I SA -04-16-8440 Director's Decision 216117 PROJECT INFORMATION AND PRELIMINARY STAFF COMMENTS TYPE OF REVIEW APPLICANT (OWNER) AUTHORIZED REPRESENTATIVE LOCATION PARCEL SIZE WATER/SEWER ACCESS EXISTING ZONING Kinney Minor Subdivision Cynthia Fox (Kinney) Tom Stevens, The Stevens Group Inc. The property is located at 1000 County Rd. 113, Carbondale, CO 81623, approx. 1 mile east of Highway 82 and 5 miles north of the Town of Carbondale. The site is located in Section 17, T7S, R88W of the 6th p.m. and is known by Assessor Parcel Numbers 2393-171-00-092. 29.5 acres Individual wells and Onsite Waste Water Treatment Systems Existing and proposed private driveways off of County Road 113 Rural (R) I. DESCRIPTION OF PROPOSAL & BACKGROUND The Applicant is requesting a minor subdivision to divide the existing 29.5 acre parcel into three Tots approximately 2.1 acres, 2.1 acres and 25.6 acres in size. The lots will be served by individual wells, and onsite waste water treatment systems. Access will be off of County Road 113 by private driveways. Lots 1 and 2 will have individual driveways, and Lot 3 has been updated to utilize an existing access easement and shred driveway east of the site. This will eliminate the need to construct a new driveway crossing of Cattle Creek. Waivers have been requested related to submittal of well testing information for Lots 2 & 3 and a roadway waiver has been requested for the access driveway proposed to serve Lot 3. II. LOCATION - SITE DESCRIPTION The site is located off of County Road 113 (aka Cattle Creek Road). Cattle Creek runs through the property and the site includes a variety of natural vegetation along the creek. The flood plain for Cattle Creek is shown on the draft plat. An irrigation ditch also runs along the southern portion of the site. The property is primarily located on the valley floor and has moderate to gentle slopes. Portions of the site have previously been developed including an existing single family residence, agricultural buildings and horse facilities. III. AUTHORITY — APPLICABLE REGULATIONS The Minor Subdivision process is addressed in Section 5-301 of the Land Use and Development Code ("Code") with the Minor Subdivision Review Criteria found in Section 5-301(C). IV. PUBLIC AND REFERRAL COMMENTS Public notice mailings were completed by the Applicant as required by the Land Use and Development Code. No public comments have been received in response to the public notice. Referral comments from the following agencies have been received and are attached to the Staff Report. 1. County Consulting Engineer, Chris Hale with Mountain Cross Engineering: • Commented on a wide range of topics including subdivision improvements, water supply plans, surveying, stream crossing, irrigation ditches, access and road maintenance, fire protection, and geotechnical analysis. 2. Division of Water Resources, Megan Sullivan, Water Resource Engineer: • Noted that Basalt Water Conservancy augmentation contracts are needed for all three wells including the existing well pursuant to Division Policy 2011-1. • Indicated that the well permits for Lots 2 & 3 have expired and that new permits will need to be obtained. 2 3. Colorado Geological Survey, Jill Carlson C.E.G. Engineering Geologist: • Noted concerns associated with debris flow, subsidence, flood plain, soils, and unstable slopes. • Follow-up comments (dated 2/1/17) were provided after review of the Applicant's Geo -Hazard Report from HP -Kumar indicating that their concerns were satisfactorily address and that CGS has no objection to approval of the Minor Subdivision. 4. County Road and Bridge, Wyatt Keesbury Road and Bridge Director: • indicated that they are fine with the proposal provided access permits are obtained and that the driveways will meet standards for grade, drainage, and are approved as to location. 5. Colorado Parks and Wildlife, Perry Will, Area Wildlife Manager: • Indicated the minor subdivision is not anticipated to have adverse impacts on local wildlife species and provided recommendations for minimizing impacts on wildlife. 6. Carbondale & Rural Fire Protection District, Bill Gavette, Deputy Chief: • Indicated that the proposed access (original submittals) appears to be adequate and identified impact fees that the district requires. 7 County Vegetation Manager, Steve Anthony, Vegetation Manger: • Requested a noxious weed map & inventory along with a weed management plan. 6. County Environmental Health Office, Morgan Hill, Environmental Health Specialist: • Identified waste water and water quality topics along with the Roaring Fork Conservancy study of Cattle Creek. 9. Basalt Water Conservancy, Michael Erion Engineer: • Indicated that they had no comments on the proposed Application. 10. County Surveyor, Scott Aibner: • Identified technical surveying edits needed on the draft plat. 11. Holy Cross Electric, Russ Winder, Manager of Construction Engineering: • A will serve letter was included in the submittals and indicates that service is available to the subdivision. V. STAFF ANALYSIS In accordance with the Land Use and Development Code, the Applicant has provided responses to the Submittal Requirements and applicable sections of Article 7, Divisions 1, 2,3and 4. 3 7-101: Zone District Regulations The proposed lots reflect consistency with the underlying Rural Zone District. The lots meet the minimum 2 acre lot size and are adequately configured including designated building envelopes to meet required setbacks. No zoning compliance issues or concerns have been noted. 7-102 and 103: Comprehensive Plan & Compatibility The Comprehensive Plan 2030 designates the site as Residential Low with a recommended density of 10 acres per dwelling unit. The overall density of 3 units on 29 acres is 9.83 acres per dwelling unit. Excerpts from the Comprehensive Plan are provided below. Past review of minor subdivision applications have established the policy of allowing minor subdivision applications to exceed the Comprehensive Plan recommended density based in part on compliance with other Comprehensive Plan Housing Goals and Policies and where the proposal complies with the minimum lot size per zoning. Cha 'ter 2, Future Land Use LAND USE DESIGNATION DESCRIPTION COMPATIBLE ZONING Residential Low (RL) Agricultural and related uses as well as home occupation uses that can be adequately buffered from adjacent incompatible uses. Rural (R) Planned Unit Development (PUD) Density of residential uses: 1 du per 10 acres Chapter 3, Section 2 — Housing: Goal #1: To bring about a range of housing types, costs, and tenancy options, that ensure for our current and future residents affordable housing opportunities in safe, efficient residential structures. Chapter 3, Section 6 -- Agriculture: Goal #2: Preserve a significant rural character in the county. Policy #2: Discourage densities greater than the underlying zoning if the proposed development would adversely affect the adjacent agricultural operations. Strategies and Actions #4: Require all Final Plats to carry a note that notifies prospective lot owners that Garfield County has adopted a Right to Farm Policy. Chapter 3, Section 7 — Water and Sewer Services: Goal #1. Ensure the provision of legal, adequate, dependable, cost-effective and environmentally sound sewer and water services for new development. 4 Adjoining properties are largely rural residential, agricultural, or ranching in use and character. Further to the west along County Road 113 commercial uses and zoning is found. Outlined below is a quick assessment of the lot sizes found on adjacent and neighboring properties. The lots sizes range from 2 acres to 62 acres. LOT SIZE COMPARISON (Shown in acres - Applicant's Site Outlined in Red) • n • Adjacent Zoning is primarily Rural. Public Lands Zoning (Bureau of Land Management) is found south of the property and Commercial Limited zoning is found along County Road 113, approximately % mile west of the site. 7-104 & 105: Source of Water & Waste Water Systems The Applicant has provided well pump testing and water quality testing for the existing well serving Lot 1 that meet the code requirements and demonstrate the adequacy and water quality for the well. A well has been drilled on Lot 2 but the pump has not been installed. The well to serve Lot 3 has not been drilled or developed at this time. Through waiver requests the Applicant proposes to develop and test the wells prior to recording the plat or at the time of building permit. Future testing of the wells will need to demonstrate compliance with the requirements of the Land Use and Development code with findings by qualified professionals that the well production and water quality is acceptable to serve the proposed residential uses. Treatment of the water to address any quality issues can be an acceptable condition. 5 In accordance with the Division of Water augmentation contracts with the Basalt Water 1 and new well permits will be required for expired and/or the wells not fully developed regulations. The Application represents that Division's requirements. Resources referral comments, additional Conservation District will be required for Lot Lots 2 and 3 as the current permits have in accordance with the Division rules and a water attorney is working to address the Lot 1 is served by an existing OWTS that has been operating properly for approximately 18 years. Percolation tests have been completed on both Lots 2 & 3 and an Engineers Opinion letter provided indicating that the soil properties are suitable for the design of an ISDS system (aka OWTS). Site specific soil studies on the proposed lots shall be required at the time of building permit and engineered OWTS required if warranted by the soils studies (see proposed plat notes). Comprehensive Plan Future Land Use Map Cattle Creek Applicant's Site 7-106: Public Utilities The Application includes commitments for underground utilities and indicates that electric service exists to the proposed property lines. While electric service currently exists for Lot 1, extension of underground electric service to both Lots 2 & 3 will be required prior to the filing of the plat. The plat will need to be updated to include all existing and required utility easements. If the access corridor now proposed to serve Lot 3 is to be used for utility installations documentation that the easement allows for utility installation shall be required. 6 7-107: Access & Roadways Access for Lot 1 is an existing paved driveway. Access for Lot 2 is a proposed driveway directly off of the adjacent County Road. A driveway cross section has been included in the site plan submittals for the Lot 2 driveway which will serve only one dwelling unit. Access for Lot 3 is now proposed to be an existing off-site gravel driveway located east of the site. A roadway waiver request regarding road grade has been submitted for the Lot 3 access. While the report includes an engineer's assessment that the driveway will be adequate to serve the proposed use the report and assessment needs to be significantly expanded to address road width, maintenance, and drainage issues in additional to maximum grade. The roadway waiver request needs to confirm adequacy of the driveway access to the Lot 3 building envelope. Access permits from the Road and Bridge Department will be required for Lots 2 and 3, including standards for maximum grade, no surface water reaching the county road and line of sight. The Applicant has provided copies of deeds that address easements for the Lot 3 access. These documents have been reviewed by the County Attorney's Office and found to not be adequate to demonstrate legal access. Additional supporting easement documentation shall be required for review and acceptance by the County Attorney's Office. 7-108: Natural Hazards Significant natural hazards have been identified on the site by the Colorado Geological Survey. The Applicant has provided an additional geotechnical analysis focusing on Lot 3 and debris flow hazards. Supplemental review comments from the Colorado Geological Survey have been received and indicate that their concerns have been satisfied based on the geotechnical report completed by HP — Kumar. Site specific soils analysis shall be required for new buildings and a supplemental geotechnical study for Lot 3 at the time of building permit, including specific design for the recommended deflection berm. The revised building envelopes as shown on the draft plat shall be required and considered conditions of approval based on the need to avoid development in areas with hazards including flood plain and debris flows. 7-109: Fire Protection Comments from the Fire Protection District indicated that the proposed access (original proposal) was acceptable. Supplemental comments will be required to confirm this finding is still applicable based on the proposed change to the access plans for Lot 3. Payment of Fire District impact fees shall be required for the two new lots prior to recording the plat. The current fees are $730 per lot. 7-201: Agricultural Lands Uses on Lot 1 include recreational horse facilities and related agricultural type uses. The building envelope on Lot 2 is located in an area between the County Road and Cattle 7 Creek. The building envelope for Lot 3 is in an area outside of the current agricultural uses (hay fields and grazing areas) and is adjacent to the steeper slopes found on the south side of the property. The configuration of lots will generally minimize impacts on agricultural uses. Standard plat notes regarding agricultural uses shall be required. The proposed subdivision has been designed to leave the current irrigation ditches and easements unaffected. The plat needs to show all irrigation ditches and easements. 7-202: Wildlife Habitat Areas Referral comments from Colorado Parks and Wildlife provide recommendations for minimizing impacts on wildlife. As the revised plan no longer includes a new crossing of Cattle Creek guideline related to the crossing are no longer applicable. Other provisions including weed management, dog control, bear aware practices, and fencing shall be shall be included as conditions and/or plat notes. 7-203: Protection of Water Bodies Referral comments from the County Environmental Health Department noted water quality issues along the lower sections of Cattle Creek and ongoing studies by the Roaring Fork Conservancy. Based on those comments a plat note shall be required reinforcing that no native vegetation can be removed within 35 ft of the high water line for Cattle Creek. In addition site specific soils studies shall be required at the time of building permit to confirm whether engineered OWTS are needed. A plat note shall be required indicating these requirements. 7-204: Drainage and Erosion (Stormwater) Changes to the access plans for Lot 3 will remove the need for significant new driveway construction and will eliminate a new crossing for Cattle Creek. Drainage plans for driveways are typically required at the time of building permit. 7-205 Environmental Quality Issues associated with protection of Environmental Quality will be addressed by the potential for engineered OWTS, preservation of existing vegetation along Cattle Creek, and the limited impact from and location of the proposed building envelopes. Disturbance of native vegetation will also be limited based on the location of the proposed building envelopes. A weed inventory and management plan shall also be required and shall include provisions for revegetation of areas disturbed during driveway and home construction. The Application represents revegetation will occur during the first growing season upon completion of construction. 7-206: Wildfire Hazards On the County Wildland Fire Hazard map the site is in a low hazard area. A plat note is recommended that property owners consult the Colorado State Forest Service Firewise construction guidelines for future improvements or landscaping. 8 EXCERPT FROM COUNTY WILDFIRE HAZARD MAP Green = Lower Hazard Yellow = Moderate Hazard Orange = High Hazard Mlds3rl: n1�'4�.Y�..RudYl'n�ei��tlla�iEW�S�i.i✓.5...hGa4a,rnd}.�vul4Qin.A1RRi/.1i2iR 7-207 Natural and Geologic Hazards The Colorado Geological Survey review indicated significant concerns with the development proposal that have been addressed by the Applicant's supplemental geological hazard study for Lot 3 (See Staff comments in Section 7-108). 7-208: Reclamation No reclamation issues result from the proposed subdivision other than compliance with the weed management plan including revegetation of areas disturbed during driveway and home construction. 7-301 & 302: Compatible Design, Parking, and Loading The building envelopes are adequately sized to include room for parking. The envelopes will maintain all required setbacks. The rural residential use proposed for Lot 2 & 3 are similar to uses on adjoining properties and existing on Lot 1. 7-303: Landscaping All three lots have areas of natural vegetation that will be preserved and in the case of Lot 1, existing landscaping, lawn and garden areas typical for a rural residential property. 7-304: Lighting Lighting shall be limited to down directed, shielded and internally oriented fixtures in accordance with the County's lighting standards. 9 7-305 Snow Storage Adequate portions of the site and lots are available for snow storage. 7-306 Trails No long range trail plans exist for this portion of Cattle Creek. The Rio Grande trail is accessible approximately 1.5 miles west of the site, along Highway 82. 7-401 General Subdivision Standards The general standards are addressed as follows: • No common utility facilities are proposed. The shared driveway for Lots 2 & 3 has been eliminated from the plans. Use of the proposed Lot 3 access driveway on adjoining property will require the applicant to address maintenance issues including the potential for a shared driveway agreement subject to review by the County Attorney's Office. • Standard plat notes regarding domestic animal control and solid -fuel burning devices/fireplaces shall be included on the plat. • The proposed building envelopes are located outside of any flood plains located on the site. Any other development within the subdivision would be required to demonstrate compliance with the County's Flood Plain Regulations. 7-402 Subdivision Lots No issues with lot configuration pursuant to this section have been noted. 7-403 Survey Monuments Compliance with the referral comments from the County Surveyor's Office will be required prior to filing the plat. 7-404 School Land Dedication The Applicant shall be required to pay school land dedication fees in accordance with the formula contained in Section 7-404 for the creation of the two new Tots. A qualified broker price opinion shall be acceptable for use in the fee calculation. The fees shall be paid prior to filing the plat. 7-405 Traffic Impact Fees The Applicant and future lot owners will be subject to payment of the Traffic Impact Fees effective as of 111117_ 10 VI. ADDITIONAL REVIEW TOPICS Required Plat Notes A list of standard plat notes will be required for inclusion on the plat. Extension Request The Applicant is requesting an additional 90 days to address all conditions of approval, construct required improvements, and submit a plat in a form ready for recording. A condition of approval will be included allowing 180 days to meet conditions and file the plat. Minor Subdivision Review Criteria The Minor Subdivision Review Criteria contained in Section 5-301 (C) has been addressed by the Application submittals and conditions of approval as generally summarized below. 1. The subdivision will comply with the standards for the Rural Zone District. 2. It is in general conformance with the Comprehensive Plan 2030 as amended. 3. Demonstration of a legal, physical, adequate, and dependable water supply for each lot shall be required as a condition of approval with construction of water supply systems required prior to execution and recording the plat. 4. Evidence of legal and adequate access for Lots 1 & 2 have been provided and subject to conditions of approval shall be documented for Lot 3. 5. Additional easements shall be required to be shown on the final plat as a condition of approval. 6. Evidence that adequate OWTS can be developed on each lot has been provided but will additional site specific soils analysis and engineering may be required. 7. Conditions of approval and the supplemental geotechnical analysis have addressed concerns regarding natural hazards that affect the property. 8. Extension of power to serve proposed Lots 2 & 3 shall be required prior to execution and recording the plat. 9. A certificate of taxes paid is required on the minor subdivision plat. 10. Payment of fees shall be required as a condition of approval. 11. The plat will be subject to final review and approval by the County Surveyor and County Attorney's Office to confirm that it meets all code requirements. VII. SUGGESTED FINDINGS The following suggested findings support approval of the Kinney Minor Subdivision Application subject to conditions and waiver approvals. 1. That proper public notice was provided as required for the Director's Decision. 2. The Director's Decision review was extensive and complete, that all pertinent facts, 11 matters and issues were submitted and all interested parties were given the opportunity to provide input prior to the decision date. 3. That for the above stated and other reasons the proposed Minor Subdivision is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoption of conditions, and approval of a Roadway Waiver addressing grade, drainage, roadway cross sections, and width, for Lot 3, the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended, including Section 5-301 (C) Minor Subdivision Review Criteria. Vlll. RECOMMENDED CONDITIONS Approval of the Kinney Minor Subdivision Application subject to compliance with the following conditions of approval. 1. That all representations contained in the Application submittals shall be considered conditions of approval unless otherwise amended or changed by the Director's Decision. 2. Prior to the Board signing the plat, final review and approval by the Count Attorney's Office and the County Surveyor shall be required. 3. Prior to the Board signing the plat, the following edits and modification to the plat shall be required. a. The plat shall be updated to include all existing easements including those for irrigation ditches. b. The plat shall be updated to include notes referencing the access easement serving Lot 3 including recording information as deemed appropriate by the County Attorney's Office. G. The 100 year flood plain shall be clearly labelled on the plat and elevations shown on the site plan shall be corrected to ensure that flood plain areas are accurately shown on the plat. d. Any easements required for extension of utility service shall be included on the plat. The width of the easement shall be acceptable to the utility provider. e. References to Parcel "A" and Parcel "B" shall be removed. f. Certificates and signature blocks shall be updated in accordance with the 12 County's standard templates as noted in the County Resource Guide. This shall include a Lien Holders Certificate if determined necessary by the County Attorney's Office and the Applicant's title work. g. The building envelopes for Lots 2 & 3 shall be reviewed by the Applicant's engineer or surveyor and shall be reconfigured to eliminate any areas with slopes greater than 20%. h. The building envelope for Lot 2 shall be reviewed by the Applicant's engineer or surveyor and shall be reconfigured to eliminate any areas within 35 ft. of the typical ordinary high water line for Cattle Creek, consistent with the provision of Section 7-203 of the Land Use and Development Code. i. The standard plat notes A, B, C, D, E, F, H, and I from the County Resource Guide shall be added to the plat. j. The following plat notes shall be added to the plat. Final wording for the plat notes shall be subject to approval by the County Attorney's Office. o A site specific geotechnical, soils, and foundation analysis shall be required for all new construction. The analysis shall address soils, geologic conditions, and groundwater concerns. Compliance with the recommendations of the analysis shall be required. Engineered foundations and septic systems may be required pursuant to the findings and recommendation of the soils analysis. Appropriate mitigation for geotechnical issues including but not limited to debris flow potential on Lot 3 shall be designed at the time of building permit in accordance with the geotechnical analysis. o 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 to contrast with background color. a Driveway Access Permits from the County Road and Bridge Department shall be required at the time of building permit application for Lots 2 & 3. o Combustible materials should be thinned from around structures so as to provide a defensible space in the event of a wildland fire. o Removal of native vegetation within 35 ft of the typical ordinary high water line of Cattle Creek is prohibited. 4. Prior to the Board signing the plat, the Applicant shall address the following conditions related to demonstration of a legal, physical, adequate, and reliable water source to serve all three proposed lots. 13 a. The Applicant shall provide copies of current well permits for all three lots that address the Division of Water Resources referral comments including evidence of contracts with the Basalt Water Conservation District as needed for water augmentation. The contracts with the District as required for the well permits shall be maintained by the Applicant and future lot owners. b. The Applicant shall complete the wells on Lots 2 & 3 including installation of all required equipment and pumps and shall file completion reports with the Division of Water Resources in accordance with the Division's requirements. c. The Applicant shall complete four hour pump tests for the wells on Lots 2 & 3 that meet the requirements contained in the Land Use and Development Code Section 4-203(M) including an analysis and opinion from a qualified professional that the well will be adequate to supply water for the proposed uses. Should the report include recommendations for additional facilities to ensure that the wells are adequate (i.e. storage) the recommendations shall be submitted to the County for review and approval by the County's designated engineer. d. The Applicant shall complete water quality testing for the wells on Lots 2 & 3 that meet the requirements contained in the Land Use and Development Code, Section 4-230(M) confirming that the Colorado Primary Drinking Water Standards are met, or the Applicant has otherwise identified a treatment system that will bring the water quality compliance with the standards. A statement confirming compliance by a qualified professional or laboratory shall be required. 5. Prior to the Board signing the plat, the School Impact Fees and Fire District Impact Fees shall be calculated and paid for Lots 2 & 3. A qualified broker price opinion shall be acceptable for the calculation. Should an agreement with the Fire District be required by the District the agreement shall be signed prior to the signing of the plat. 6. Prior to the Board signing the plat, the Applicant shall document legal access for Lot 3 through submittal of additional easement documents and a shared driveway agreement addressing use and maintenance if determined necessary by the County Attorney's Office. The additional documentation shall be subject to review and acceptance by the County Attorney's Office. 7. Prior to the Board signing the plat, the Applicant shall provide an updated roadway waiver request for the Lot 3 access driveway to address the Roadway Waiver Criteria contained in Policy No. 01-14 (see attached) including road width, surfacing, maintenance, and drainage issues in additional to maximum grade. Driveway standards shall be based on ADT estimates for the driveway and Table 7-107 in the Land Use and Development Code. 8. Prior to the Board signing the plat, the Applicant shall obtain comments from ditch companies with ditches crossing the site indicating that the development proposal will have no impact on their ability to maintain the ditches and that an adequate 14 maintenance easement is possible. Prior to issuance of a building permit for Lot 2 or construction of a ditch crossing for the Lot 2 access driveway, if determined necessary, the Applicant shall provide a letter from the ditch company regarding agreement with standards contained in the proposed crossing. 9. Prior to the Board signing the plat, the Applicant shall obtain updated comments from the Carbondale and Rural Fire Protection District to confirm that the new access proposal for Lot 3 is acceptable to the District for emergency vehicle access. 10. Prior to the Board signing the plat, the Applicant shall extend electric service to serve each of Lots 2 and 3. The utility extension shall be below grade and constructed by the utility provider (Holy Cross Electric), or inspected and accepted by said provider. 11. Prior to the Board signing the plat, the Applicant shall provide a weed management plan including a weed inventory and map. The plan and inventory shall be subject to review and approval by the County Vegetation Manager and shall include provisions for re -vegetation consistent with the Applicant's representations. 12. The Applicant shall comply with the recommendation of the Colorado Parks and Wildlife for wildlife compatibility as outlined below including use of bear proof trash containers or storing trash in a secured building or garage: Any areas with disturbed soils resulting from road construction, septic tank installation, utility lines, etc.. should be monitored and treated for invasive weed species. Any dogs should be kenneled or under the owner's supervision at ail times for the two new residences to avoid impacts to winter range on adjacent Bureau of Land Management property. New property owners should follow all bear -aware practices to minimize attractants for wildlife and reduce human/wildlife conflicts. Small animals (rabbits, poultry, etc.) should be fenced with a minirnurn 4 foot, 5 strand electric fence with alternating hot -ground wires and a minimum of 6000 volts and 0.7 joules. Any new perimeter fencing for the two newly created parcels should adhere to the requirements found within CPW's Fencing with Wildlife in Mind Document. 13. The Applicant shall consult the Colorado State Forest Service Firewise Construction guidelines for future improvements and landscaping on the site. 14. The Applicant shall have 180 days from the date of the Director's Decision to complete all conditions of approval and submit the Minor Subdivision Plat for recording. 15 Access to Lot 3 16 Overview of Lot 1 '{IJt:r .• }j44' 1,400 ', 55 #'x 1 '��" r lkif 17 18 ( rLot 3 Building Envelope Lot 2 Building Envelope 19 Drainage & Potential Debris Flow East of Lot 3 20 MOUNTAIN CROSS ENGINEERING, INC. November 9, 2016 Mr. Glenn Hartman Garfield County Planning 108 8th' Street, Suite 401 Glenwood Springs, CO 81601 RE: Kinney Minor Subdivision: MISA-0416-8440 Dear Glenn: Civil and Environmental Consulting and Design This office has performed a review of the documents provided for the proposed Kinney Minor Subdivision Application. The submittal was found to be thorough and well organized. The review generated the following comment: 1. The Applicant should provide security on the full amount for construction of the improvements or complete the improvements prior to recording the Final Plat. The estimate that was provided did not include costs for drilling and completion of the wells. Also, the cost estimate will need to be provided by an engineer if used to determine the amount for security. 2. An analysis for only one of three wells is provided and water quality data was not provided for that. Even though the Applicant provides evidence of a legal supply of water, evidence of a physical supply is lacking. 3. It appears that the Applicant contains two Parcels: A and B, The land use instrument for a boundary line adjustment may be necessary prior to a minor subdivision. 4. The crossing of Cattle Creek will need to be designed and sized by an engineer. Verification of wetland delineations and floodplain impacts is likely necessary. 5. The Applicant mentions that irrigation ditches traverse the Lots. The materials are silent on how and where. Also, if there are water rights that are associated with the ditch, how those will be assigned to the different lots is not explained. The mapping provided does not show the irrigation ditches or easements for them. 6. Conditions; Covenants, and Restriction were not provided. The Lots will need to share road maintenance at a minimum. Potentially, there may be well maintenance necessary and irrigation sharing as well. The Applicant should explain how these agreements will be handled. 7. An Access Permit was not provided for the proposed driveway. 8261/2 Grand Avenue, Glenwood Springs, CO 81601 P: 970,945.5544 F: 970.945.5558 www.mountaincross-eng.com Kinney Minor SD Page 2 of 2 November, 2016 8. Coordination with the Fire Marshal was not provided. The Applicant should determine if water supply and access will meet the requirements of the Fire District. 9. The Applicant states that individual construction of building will not exceed one acre. However the CDPHE views the disturbance associated with the aggregate of project activity. This would also include the disturbance necessary for the construction of the driveway. The Applicant should verify that this total area will be less than one acre. Permitting from the CDPHE may apply. 10. The Applicant proposes that drainage plans will be handled by the individual lot owners. An overall drainage plan may be warranted to prevent offsite trespass onto neighboring properties. 11. A geotechnical analysis was not provided. It appears that Lot 3 does have areas of moderate soil hazard. The Applicant should address if mitigation is necessary. Feel free to call if you have any questions or comments. Sincerely, A9ountair Cross Engineer ng, Inc. Mountain Cross Engineering, Inc. CMI and Environmental Consulting and Design 826 '/z Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970,945.5558 www.mountaincross-eng.com Glenn Hartmann From: Chris Hale <chris@mountaincross-eng.com> Sent: Monday, January 09, 2017 4:23 PM To: Glenn Hartmann Subject: Kinney Minor Subdivision Glenn: I have reviewed the additional material that was provided for the application. The review generated the following additional comments: • The debris flow that was provided by HP -Kumar was a conceptual design to be verified as adequate by them after a grading design is completed. The actual design of the berm and verification of the adequacy should be submitted prior to receiving a building permit and/or be condition of approval. • Lot 3 is proposed now to have access from an existing driveway. It appears that the driveway originates off of the property proposed. Not enough information is provided concerning this driveway and it raises many questions. For instance: Does the Applicant have the rights to propose access? Are there CC&Rs that are associated with that driveway/easement? Does that driveway have maintenance and costs associated with it that the owner of Lot 3 will need to become a part of? Does the driveway provide reasonable access to Lot 3? Does the inclusion of Lot 3 increase the ADT of that road enough to change the classification for Garfield County road standards? How does this driveway compare to the road standards? Are improvements warranted? • The Applicant proposes to obtain an access permit for Lot 2 at building permit. One reason for obtaining an access permit now rather than building permit is to verify that access is feasible. Has Road and Bridge given some assurance that an access permit will be issued in the future? Feel free to call with any questions or comments. Sincerely, Mountain Cross Engineering, Inc. Chris Hale, P.E. 826 1/2 Grand Avenue Glenwood Springs, CO 81601 Ph: 970.945.5544 Fx: 970.945.5558 i COLORADO Division of Water Resoureos i3or7=i t we.n r n' t+l8d r gyral litV,Our ce November 9, 2016 Glenn Hartmann Garfield County Building and Nanning Department 108 8th Street, Suite 401 Glenwood Springs, CO 84601 Re: Kinney Minor Subdivision MISA-04-16-8440 Section 17, T7S, R88W, 6th PM Water Division 5, Water District 38 Dear Mr. Hartmann: John W. Hickenlooper Governor Robert Randall Executive director Dick Wolfe, P.E, Director/State Engineer We have reviewed the above -referenced preliminary plan to subdivide a parcel of approximately 29.5 acres Located at 1000 Cattle Creek Road, into three residential lots of 25.6 acres, 2.1 acres, and 2.1 acres. The applicant proposes to provide water to each lot through individual welts. The existing well on proposed Lot 1 currently serves a single family dwelling and is currently permitted under Permit No. 121659. Well Permit No. 78591-F was issued for proposed Lot 2 and Well Permit No. 78592-F was issued for proposed Lot 3. Specific information on water use/demands for each lot was not provided. Sewage disposal is to be provided through individual systems. The existing well on proposed Lot 1 with Permit No, 121659 was issued pursuant to CRS 37.92- 602(5) on August 21, 1981 as a registration of an existing well. The permitted use of groundwater from this well is limited to ordinary household purposes •inside a single family dwelling, the watering animals and the irrigation of not over one acre of lawn and gardens. For proposed Lot 2, well permit no. 78591-F was issued pursuant to CRS 37-90-137(2) on the condition that it operates in accordance with the Basalt Water Conservancy District's Augmentation Plans. The permitted use of ground water from this well is limited to ordinary household purposes inside not more than two (2) single family dwellings and the irrigation of not more than 2,500 square feet of home gardens and lawns. The permit was issued on November 4, 2014 with an extended expiration date of November 4, 2016 and the well was constructed on December 9, 2015. However, evidence of pump installation, as required by CRS 37-90-137(3)(a)(1)(A), has not been received. Because of the lack of evidence of pump installation this permit is not currently valid. Furthermore, if a permanent pump was not installed prior to the expiration date of November 4, 2016, this permit cannot be reinstated and a new permit must be obtained prior to the operation of the well. For proposed Lot 3, well permit no. 78592-F was issued pursuant to CRS 37-90-137(2) on the condition that it operates in accordance with the Basalt Water Conservancy District"s Augmentation Plans. The permitted use of ground water from this well is limited to ordinary household purposes inside one single family dwelling and the irrigation of not more than 2,500 square feet of home gardens and lawns. The permit was issued on November 4, 2014 with an expiration date of November 4, 2015. No evidence of welt construction and pump installation, as required by CRS 37-90-137(3)(a)(I)(A), has been received. Because of the lack of evidence of construction and pump installation this permit is not currently valid. Furthermore, if the well was not constructed and a permanent pump was not installed prior to the expiration date of November 4, 2015, this permit cannot be reinstated and a new permit must be obtained. Office of the State Engineer 1313 Sherman Street, Room 82I Denver, CO 80203 P 303,86E3581 www, water, state. co. IJS Glenn Hartmann November 9, 2016 Kinney Minor Subdivision Page 2 of 2 Section 37-92-602(3)(b)(111), C.R.S., requires that the cumulative effect of all wells in a subdivision be considered when evaluating material injury to decreed water rights. The source of the proposed water supply would be from, or tributary to, the Colorado River. This area of the Colorado River is over -appropriated; therefore, an augmentation plan is required to offset depletions caused by the pumping of any well, including existing wells. If the applicant intends to use the existing well, currently permitted under permit no. 121659 to supply proposed Lot 1, pursuant to the State Engineer's Policy 2011-1, a new well permit issued pursuant to a decreed plan for augmentation (such as Basalt's Water Conservancy District's augmentation plans) will be required. According to a report by Zancanella and Associates, Inc., dated September 27, 2016, a pump test was conducted on September 22, 2016 on the existing well located on proposed Lot 1. According to the report, the well produced 31 gpm during a 4 hour pump test with a maximum drawdown of 0.97 feet. After pumping ceased, within 10 minutes the water level recovered to within 94% of the static water level. Furthermore, a report by Wright Water Engineers, Inc., (WWE) dated August 17, 2016, detailed the results of their evaluation of the availability of alluvial groundwater to supply the three lots in the proposed subdivision. WWE evaluated information from surrounding completed wells and found that the wells are all completed in the Cattle Creek alluvium. While at the time of WWE's evaluation, none of the subject wells had undergone rigorous pumping tests, WWE reviewed the airlift tests performed following construction of the wells. WWE found that the final water levels from these pump tests indicate little to no drawdown associated with high rates (35+ gpm) of pumping. WWE concluded that the Cattle Creek alluvial aquifer can easily yield the necessary flows to meet the project needs. Pursuant to Section 30-28-136(1)(h)(1), C.R.S., the State Engineer offers the opinion that due to the lack of an augmentation plan to offset out of priority depletions from the pumping of the existing well which would be located on proposed Lot 1, the proposed water supply plan will cause material injury to existing water rights. However, in terms of physical adequacy, provided the proposed Lot 3 well is also completed in the Cattle Creek alluvium and that the production rates of the wells are and continue to be simitar to the results of the 2016 test of the existing well, the proposed water supply should be physically adequate to supply the household requirements of single family dwellings. Please note that the long term adequacy of any ground water source may be subject to fluctuation due to hydrological and climatic trends. If you or the applicant has any questions concerning this matter, please contact me of this office for assistance. Sincerely, Mian Sullivan, P.E. Water Resource Engineer MAS: Kinney Minor Subdivision.docx cc: Alan Martellaro, Division Engineer Water Commissioner, District 38 Office of the State Engineer. 1313 Sherman Street, Room B21, Denver, CO B0203 P 303.866.3581 www, water. state. co. us Glenn Hartmann From: Jill Carlson <carlson@mines.edu> Sent: Friday, November 11, 2016 10:48 AM To: Glenn Hartmann Subject: CGS review - Kinney Minor Subdivision (MISA-04-16-8440) Attachments: GA -17-0003_1 Kinney Minor Subdivision.pdf Dear Mr. Hartmann, Colorado Geological Survey's review of the Kinney Minor Subdivision referral (MISA-04-16-8440) is attached. CGS disagrees with the applicant's assertion that no development is proposed within an alluvial fan or mudflow hazard area. The 1041 geologic hazard maps that the applicant references are not intended to be used at the scale of individual Tots to definitively determine whether or not a hazard exists. Please call or email if you have questions or need further review. Thanks, Jill Carlson Colorado Geological Survey 1801 19th Street (map) Golden, CO 80401 303-384-2643 1 COLORADO GFOLOGICAL SURVHY 1801 191+ Street Golden, Colorado S0401 November 11, 2016 Glenn Hartmann Garfield County Community Development Dept. I08 814 Street, Suite 401 Glenwood Springs, CO 81601 Location: SO/INV/1/4 and S W %4 NEA Sec. 17, T7S, R88W of the 6Lh P.M. 39.4491, -107.2465 Karen Berry State Geologist Subject: Kinney Minor Subdivision File Number MISA-04-16-8440; Garfield County, CO; CGS Unique No. GA -17-0003 Dear Mr. Hartmann: Colorado Geological Survey has reviewed the Kinney minor subdivision referral. I understand the applicant proposes to subdivide 29.5 acres located at 1000 Cattle Creek Road, creating two additional Tots of approximately 2.1 acres each. Proposed Lot 1 (25.6 acres) contains an existing home, barns, well and septic system. With this referral, I received a copy of the Kinney Application for Minor Subdivision Review (Stevens Group, undated), along with Supplemental Information Submissions 1, 2, and 3. CGS has several concerns about the proposed new lots' exposure to geologic hazards: Debris fan and debris flow hazard. Proposed Lot 3 is located at the mouth of a drainage, on a mapped, geologically young debris fan (Kirkham, R.M., and Widmann,13.L., 2008, Geologic Map of the Carbondale Quadrangle, Garfield County, Colorado: Colorado Geological Survey, Map Series MS -36, scale 1:24,000). Large precipitation events could trigger debris/mud flows that may inundate proposed Lot 3 with dangerous amounts of water and sediment. Due to high sediment content, ability to entrain and transport gravel-, cobble-, and boulder -size rocks and debris, and unpredictable flow characteristics, debris flows pose hazards that are very different from sheetflow or channelized water flow hazards. A debris flood hazard analysis and, if necessary, a hazard mitigation plan should be developed by a qualified professional. The evaluation should include a calculation of anticipated, bulked sediment/debris volume, flood height, and velocity. Mitigation recommendations should include deflection/containment structure sizing, location, construction details, and a maintenance plan. Mitigation cannot exacerbate hazards to adjacent and downslope properties. Debris flow hazard increases as a result of events that reduce hillside vegetation, such as avalanche, disease, wildfire, grading and other disturbances; debris flow mitigation structure(s) should be oversized to account for increased debris volumes as a result of wildfire. Subsidence. The site .is underlain by stream channel, slope wash, and debris fan deposits. The surficial deposits are underlain, at unknown depths, by Eagle Valley Evaporite. Sinkholes, subsidence and ground deformation due to collapse of solution cavities and voids are a serious concern in the Eagle Valley Evaporite. Several collapse features (sinkholes and other evidence of settlement) have been identified within 1600 feet northeast and 2800 feet northwest of the Kinney property. Infrequent sinkhole formation is still an active geologic process in the western Colorado evaporite region, and ground subsidence related to the dissolution of evaporite bedrock is an unpredictable risk that should not be ignored. GA -174100:1 l Kinney Minor Subdivision 10:47 AM, 1111 1/2 0 1b Glenn Hartmann November 11, 2016 Page 2 of 2 The subsidence hazard should be evaluated as part of a site-specific geotechnical investigation, once building locations have been identified. If conditions indicative of subsidence or sinkhole formation are encountered during construction, an alternative building site should be considered or the feasibility of mitigation should be evaluated. The applicant and potential purchasers should be advised of the sinkhole potential, since early detection of building distress and timely remedial actions are important factors in reducing the cost of building repairs should an undetected subsurface void start to develop into a sinkhole after construction. Cattle Creek flood zone, erosion, and setback. Cattle Creek traverses proposed Lot 2 and existing Lot 1. The proposed building envelope on Lot 2 appears to be located outside of the mapped flood hazard zone as shown on FEMA Flood insurance Rate Panel 0802051470B (January 3, 1986). Plat note 3 references the correct FEMA panel, but the elevations shown on Pinnacle Design's Existing Conditions Map and Stevens' Site Development Plan appear to be incorrect (too low) by about Five hundred feet, The applicant should verify the FEMA base flood elevations and site topography to ensure that the building envelope on proposed lot 2 is located outside of the flood hazard zone. Homes and improvements should be set back as far as possible from the river channel and flood zone to minimize risks associated not just with flooding but also river scour, erosion and undercutting. Soil and bedrock engineering properties. Once building locations outside of debris flow/flood hazard areas have been identified (or a mitigation plan has been developed), a geotechnical investigation consisting of drilling, sampling, lab testing and analysis will be needed to determine depths to groundwater and bedrock, characterize soil and bedrock engineering properties such as density, strength, and swell/consolidation potential, and to design foundations, floor systems, retaining walls, and surface and subsurface drainage to minimize potential risks related to slope instability and collapsible or hydrocompactive soils and bedrock. Additional concerns include unstable slopes hi the southern portion of the site, and corrosive soils. Development should not be permitted within the southern, high slope hazard portion of the property. The need for corrosion protection of any buried steel (e.g. well supply pipelines) and use of sulfate attack - resistant cement in project concrete should be evaluated as part of the geotechnical investigation. Thank you for the opportunity to review and comment on this project. If you have questions or need further review, please call me at (303) 384-2643, or email carlson@mines.edu. Sincerely, Jill 'orison, C.E.G. Engineering Geologist CA -L7.0003_1 Kiuny Mini, Subdivision 1D:47 AM, I1/11/2016 Glenn Hartmann From: Jill Carlson <carlson@mines.edu> Sent: Wednesday, February 01, 2017 2:34 PM To: Glenn Hartmann Subject: CGS review - Resubmittal - Kinney Minor Subdivision (MISA-04-16-8440) Attachments: GA -17-0003_2 Kinney Minor Subdivision.pdf Hi Glenn, Colorado Geological Survey's review of the Kinney Minor Subdivision applicant's response to comments is attached. Our 11/11/16 comments have been satisfactorily addressed. 1 apologize that it took extra time to get this to you. Please call or email if you have questions or need further review. Thanks, Jill Carlson Colorado Geological Survey 1801 19th Street (map) Golden, CO 80401 303-384-2643 COLORADO GEOLOGICAL SURVEY 1801 18th Street Golden, Colorado 80401 February 1, 2017 Glenn Hartmann Garfield County Community Development Dept. 108 8'h Street, Suite 401 Glenwood Springs, CO 81601 Subject: Karen Berry State Geologist Location: SE'/a N W'/a and SW1/4 NE1/4 Sec. 17, T7S, R88W of the 6th P.M. 39.4491, -107.2465 Review of applicant's response to 11/11/2016 CGS comments Kinney Minor Subdivision File Number MISA-04-16-8440; Garfield County, CO; CGS Unique No. GA -17-0003 2 Dear Mr. Hartmann: Colorado Geological Survey has reviewed the Kinney minor subdivision applicant's response to CGS's review comments dated November 11, 2016. The resubmittal documents include response comments (The Stevens Group, December 13, 2016), a Debris Flow Review letter (HP Kumar, December 13, 2016), a revised Existing Conditions Map (Pinnacle Design, December 2016), a revised Site Development Plan (The Stevens Group, December 15, 2016), and a revised plat (Pinnacle, December 2016). CGS's concerns regarding debris flow, subsidence, flooding and erosion, and slope hazards have been satisfactorily addressed. The building envelope on proposed lot 3 has been shifted toward the west. Provided HP Kumar's recommendations regarding debris flow hazard mitigation are strictly adhered to, and lot -specific geotechnical investigations and analysis are conducted prior to building permit application for use in design of foundations, floor systems, pavements, etc., CGS has no objection to approval of the minor subdivision as proposed. Thank you for the opportunity to review and comment on this project. If you have questions or need further review, please call me at (303) 384-2643, or email carlson@mines.edu. Sincerely, Jill'C.arlson, C.E.G. Engineering Geologist GA -17-0003_2 Kinney Minor Subdivision 2:29 PM, 02/01/2017 Glenn Hartmann From: Wyatt Keesbery Sent: Tuesday, January 10, 2017 3:08 PM To: Glenn Hartmann Subject: RE: Kinney Minor Subdivision Referral Glenn, As long as they can meet the current Road and Bridge standards for the new driveway, including no more than 3% grade and no surface water reaching the county road, I am fine with their revised plans. Also they must obtain a driveway permit from us before starting any construction, and the location of the drivway must be satisfactory with the Foreman. Wyatt From: Glenn Hartmann Sent: Tuesday, January 10, 2017 2:57 PM To: Wyatt Keesbery Subject: FW: Kinney Minor Subdivision Referral Hi Wyatt: I did not find any written comments from you on this referral as I think we may have just spoken over the phone. The plans have changed slightly and the Director's Decision delayed. They are now looking to share an existing driveway (east of the site) for Lot 3 and are still looking to create a new driveway for Lot 2. Lot 1 is served by an existing driveway. I've attached some updated plans. Any supplemental thoughts or comments are most appreciated. Thanks very much. Glenn. Glenn Hartmann, Senior Planner Garfield County Community Development 970-945-1377 x1570 ghartmann@garfield-countv.com From: Glenn Hartmann Sent: Wednesday, October 19, 2016 5:32 PM To: Wyatt Keesbery<wkeesbery@garfield-county.com>; Kelly Cave <kcave@garfield-county.com>; Steve Anthony <santhony@garfield-county.com>; Morgan Hill <mhill(a7garfield-county.com>; Scott Aibner <saibner@garfield- county.com>;'Sullivan - DNR, Megan'<megan.sullivan@state.co.us>;'Berry, Karen' <karen.berry@state.co.us>;'Hoyer- DNR, Scott' <scott.hoyer@state.co.us>; 'Senor, Monte' <msenor@blm.gov>;Ica rrie.a.sheata@usace.arrny.mil' <carrie.a.sheata@usace.army.mil>;'Chris Hale' <chris@mountaincross-eng.com>;'Ron Leach' <leach@carbondalefire.org>; 'pelland@rfschools.com' <pelland@rfschools.com>; 'Michael Erion' <merion@resource- eng.com>;'scasey@holycross.com' <scasey@holycross.tom>;'jason.sharpe@centurylink.com' <jason.sharpe@centurylink.com> Subject: Kinney Minor Subdivision Referral Referral Agencies: Attached is the referral request form for the Kinney Minor Subdivision. Thank you in advance for your review and comments on this application. We request your comments be received by November 9t". They can be emailed to me at ghartmann@flarfield- countv.com. 1 11/2/2016 COLORADO Parks and Wildlife Department of Naturat Resources Gienwoad Springs Area Off lee MOB Wildlife Way Glenwood Springs, CO 191601 Glenn Hartmann Senior Planner Garfield County Community Development 108 8'h Street, Suite 401 Glenwood Springs, CO 81601 RE: Kinney Minor Subdivision Referral (File Number: MISA-04-16-8440) Dear Glenn, Colorado Parks and Wildlife (CPW) staff has reviewed the materials submitted by the applicant for the Kinney Minor Subdivision Review. Contrary to what's stated on PDF page 47 of the application, the subject property is within the following CPW mapped wildlife habitats: elk winter range and severe winter range, mule deer winter range and severe winter range, black bear fall concentration area, turkey winter range, bald eagle winter forage area, and a peregrine falcon nesting area. Given the existing level of human disturbance in dose proximity to this parcel, the minor subdivision is not anticipated to have adverse impacts on local wildlife species. However, CPW has prepared the foliowing comments and recommendations to avoid and minimize any negative effects to wildlife and their habitats: A new driveway may (depending on Legality of existing access route) cross Cattle Creek utilizing either a box culvert or steel culvert. The applicant's property is approximately 1.5 miles from the confluence with the Roaring Fork River which is a designated gold medal fishery. Aquatic impacts resulting from the culvert construction should be minimized through use of the following best management practices: o Install culverts so that fish passage is maintained. o Utilize the summer months for construction when Cattle Creek is largely dewatered due to upstream irrigation diversions. o Minimize sediment contributions to Cattle Creek and the Roaring Fork River. Apply appropriate best management practices to minimize sediment transport during construction. o Disinfect any equipment and tools that are used in live waters (both before and after construction) to prevent the spread of aquatic nuisance species and disease organisms. Dub 6, I31.hciti, Director, Colon& Nada orf Wildlife • rids Ind Wi69irc Comn+lsdic Itoixn W. Bay . CluisCewlim, Choir • 7eacm I lame, VierChsir him Mu/Rd • IlllE Kam ° FirlcPixi *lam MA, S ,tt y • hem V I • oit Wm Fr1d • Wick T.amnamm • Alex Zipp Any areas with disturbed soils resulting from road construction, septic tank installation, utility lines, etc. should be monitored and treated for invasive weed species. Any dogs should be kenneled or under the owner's supervision at all times for the two new residences to avoid impacts, to winter range on adjacent Bureau of Land Management property. New property owners should follow all bear -aware practices to minimize attractants for wildlife and reduce human/wildlife conflicts. Small animals (rabbits, poultry, etc.) should be fenced with a minimum 4 foot, 5 strand electric fence with alternating hot -ground wires and a minimum of 6000 volts and 0.7 joules. Any new perimeter fencing for the two newly created parcels should adhere to the requirements found within CPW's Fencing with Wildlife in Mind Document. Colorado Parks and Wildlife appreciates the opportunity to comment on this project. If there are any questions or needs for additional information don't hesitate to contact Land Use Specialist, Taylor Elm, at (970) 947-2971 or District Wildlife Manager, Matt Yamashita, at (970) 947-2931. Sincerely, Perry 1,;h Area Wildlife Manager Cr.7 Matt Yamashita, District Wildlife Manager Taylor Elm, Land Use Specialist File Glenn Hartmann From: Bill Gavette <gavette@carbondalefire.org> Sent: Monday, November 14, 2016 8:45 PM To: Glenn Hartmann Subject: Kinney Minor Subdivision Dear Glen: I have reviewed the application for the proposed Kinney minor subdivision. The application was reviewed for compliance with the International Fire Code (IFC) 2009 edition, adopted by the County. 1 would offer the following comments. Access The proposed new driveway access appears to be adequate for emergency apparatus. Impact Fees The development is subject to development impact fees adopted by the District. The developer will be required to enter into an agreement with the District for the payment of development impact fees. Execution of the agreement and payment of the fees are due prior to the recording of the final plat. Fees are based upon the impact fees adopted by the District at the time the agreement is executed. The current fee for residential development is $730.00 per lot. Please contact me if you have any questions or if I may be of any assistance. Sincerely, Bill Gavette Deputy Chief Carbondale & Rural Fire Protection District www.carbondalefire.org 970-963-2491 FIRE EMS • RESCUE 1 C. Garfield County November 10, 2016 Glenn Hartmann Garfield County Community Development Department RE: MISA-040-16-6440 Kinney Minor Subdivision Vegetation Management Dear Glenn, Thank you for the opportunity to comment on this permit. Noxious weeds map & Inventory Staff requests that the applicant provide a noxious weed map and inventory of all Garfield County listed noxious weeds. The current list is attached. Noxious weeds to be on the lookout for in the area include plumeless thistle, Scotch thistle, diffuse knapweed, oxeye daisy and along Cattle Creek -Russian olive. Weed management plan Please provide a weed management plan that will address the treatment, next summer, of any inventoried noxious weeds found an site. Staff is available to assist with the inventory. Please let me know if you have any questions. Sincerely, Steve Anthony Garfield County Vegetation Manager 195 W. 14th Street, Bldg. D, Suite 310 Rifle, CO 81650 Phone: 970-945-1377 x 4305 Mobile Phone: 970-379-4456 GARFIELD COUNTY NOXIOUS WEED LIST Adopted by Board of County Commissioners — February 16, 2016 Common name Absinth wormwood Black henbane Bouncing bet Bull thistle Canada thistle Chicory Chinese clematis Common burdock Common tansy Common teasel Corn chamomile Curly dock Cutleaf teasel Cypress spurge Dalmatian toadflax Dame's rocket Diffuse knapweed Hoary cress Houndstongue Jointed goatgrass Leafy spurge Mayweed chamomile Meadow knapweed Mediterranean sage Musk thistle Myrtle spurge Oxeye daisy Perennial pepperweed Plumeless thistle Poison hemlock Purple loosestrife Russian knapweed Russian -olive Saltcedar Saltcedaar Scentless chamomile Scotch thistle Spotted knapweed Sulfur cinquefoil Yellow starthistle Yellow toadflax Scientific Name Artemsia absinthium Hyoscyamus niger Saponaria officinalis Cirsium vulgare Cirsium arvense Cichoriurn intybus Clematis orientalis Arctium minus Tanacetum vulgare Dipascus fullonum Anthemis arvensis Rumex crispus Dipsacus lacinatus Euphorbia cyparissias Linaria dalmatica Hesperis matronalis Centaurea diffusa Cardaria draba Cynoglossum officinale Aegilops cylindrica Euphorbia esula Anthemis cotula Centaurea pratensis Salvia aethopsis Carduus nutans Euphorbia myrsinites Chrysanthemum Ieucantheum Lepidium latifblium Carduus acanthoides Conium maculatum Lythrum salicaria Acroptilon repens Elaeagnus angustifolia Tamarix parviflora Tamarix ramosissima Matricaria perforata Onopordum acanthium Centaurea maculosa Pvtentilla recta Centaurea solstitalis Linaria vulgaris Colorado Designation B 13 B B B C B C B B B Not listed B B B B 13 B B B B 13 A A B A 13 B B C A B B B B B B B 13 A 13 195 W. 141h Street Rifle, CO 81650 (970) 625-5200 e. Garfield County Public Health Garfield County Community Development 108 8th Street Glenwood Springs, CO 81601 Attn: Glenn Hartmann 2014 Blake Avenue Glenwood Springs, CO 81601 (970) 945-6614 November 15, 2016 Hello Glenn, I've reviewed the application for the Kinney Minor Subdivision and have the following comments: 1. Onsite Wastewater Treatment Systems: Wastewater systems located on the property should adhere to Garfield County's standards and should be engineered if they are located in the 100 year floodplain of Cattle Creek. At this time it does not appear that will be an issue. a. Percolation tests should be performed for both new homes before beginning construction and the results presented to Garfield County. 2. Drinking Water Quality: a. The well water test done by ACZ Labs indicates that there are no exceedances of the primary drinking water standards for the analytes tested. However, there were a number of constituents present at levels at which a water treatment system might be recommended. Public Health advises treatment but does not feel it needs to be made a condition of approval. b. Upon drilling of the wells for homes on the new subdivided lots, both wells should be tested for drinking water quality. Water treatment is also recommended for these wells if results indicate similar water quality constituents to the existing home. 3. Cattle Creek Water Quality Impairments: a. The Roaring Fork Conservancy recently completed the first phase of a study examining water quality impairments on Cattle Creek. The study indicates that there are a number of potential causes of these impairments, of which agricultural and residential uses are a contributor. The applicant should consider the stream health of Cattle Creek in construction and use of the property to limit livestock from being in the creek, prevent runoff, and development up to the streambanks. A summary of the Conservancy's findings is attached. 4. Natural and Geologic Hazards: Property owners should pay close attention to potential hazards related to soils and drainages, particularly on Parcel B where there is a drainage that has the potential to affect the home in the event of a flood or mudslide. Thank you, 1//fi(//e/A ra( Garfield County Public Health Department working to promote health and prevent disease Morgan Hill Environmental Health Specialist 111 Garfield County Public Health 195 W. 14th Street Rifle, CO 81650 (970) 665-6383 Garfield County Public Health Department — working to promote health and prevent disease It AIRING ]:0121; CONSERVANCY Cattle Creek 2015 Stream Health Evaluation Background: In 2015, Roaring Fork Conservancy (RFC), with funding from Garfield County, embarked on an extensive study to better understand water quality impairment(s) on Cattle Creek. Based on previous macroinvertebrate data, a 14.5 -mile segment of Cattle Creek, from Bowers Gulch to the confluence with the Roaring Fork River was listed on Colorado's 303(d) list. Based on previous data, Cattle Creek exhibits high water quality near the headwaters and impaired water quality in the lower reach. With this information, RFC worked with property owners to gain access to strategic areas in and along Cattle Creek to understand what is happening in between these two sites. Through the summer and fall of 2015, RFC collected and assessed chemical and biological water quality data based on Colorado State Standards at seven sites along Cattle Creek to provide insight into the source of any water quality impairment(s). The Clean Water Act is the primary federal law governing water quality in the united States. SpctIon 303(d) asserts each state is required to monitor waterways anddocument those which do not meet waterquality. standards, States must then prioritize impaired waters and develop remediation plans to improve water quality. Monitoring site Streams City limits 303(d) segment Ditches USFS Roads BLM 0 2 4 O r 1 Data provided L5V rlitC , CUM, BUN, LOifi I dinIng,r.I Overview: WATERS (-FIEMISTrtY: • Sampling revealed increased levels of nutrients, bacteria, and total dissolved solids in downstream sites. The likely source is agricultural land uses, although impacts may be exacerbated by poor near - stream land management practices including removal or destruction of riparian buffer zones. • Phosphorus levels increased in a downstream direction, with the state standards exceeded at 2 of the 3 most downstream sites. The timing of high levels of total phosphorus primarily suggests livestock and natural/soil impacts. • Nitrate concentrations increased substantially in a downstream direction. The timing of nitrate levels show a correlation with septic tank density although more data is required for verification. • Levels of E. coli exceeded state recreation standards at all sites in July. During other sampling events, levels increased and remained consistently high at all sites below Coulter Creek (CC3). The spatial pattern ofE.coli results suggests that grazing activities and streamside land management are likely the primary contributors. Please note, these results da not justify legal designations of impairments. MACROINVERTEBRATES; • Macroinvertebrate sampling indicates increased levels of stress and disturbance at downstream sites relative to upstream sites. • With a few exceptions, upstream and middle sites attain state standards while the most downstream sites indicate impaired conditions. • Despite low overall levels of development in the watershed, the location and impacts of the agricultural and residential activities create a clear signal of aquatic life stress in Cattle Creek. These stressors seem to be varied along the creek, with agricultural land use in the upper reaches and residential and commercial development in the lower reaches all playing a role in the steady downstream degradation of stream health. LANG) USE: • Land use analysis identifies gradients of land use change that correlate with water quality findings. The upper reaches of the Cattle Creek watershed are largely undeveloped and forested, supporting excellent water quality. A gradient of increasing impacts matches land use in a downstream direction from agricultural activities to residential and commercial development. These varied uses along the stream corridor have led to riparian alteration or degradation which in turn impacts water quality. FLOWS; • Water withdrawals in the middle and upper watershed remove significant streamflow to irrigate lands in Missouri Heights. This may exacerbate water quality issues due to the reduced dilution for existing stressors such as agriculture and streamside development. Next Steps • Monitoring work in 2015 identified potential issues with nutrients and bacteria in Cattle Creek. Continued chemistry and macroinvertebrate monitoring will add depth, reliability, and increased statistical power to the dataset. Exploration of additional factors such as flow stress and fish communities may also shed additional light on stream impairments. • RFC plans to continue monitoring in 2016. Results from 2015 were used to inform and modify the 2016 plan to increase informative results, as well as resource and cost efficiency. • 2016 Monitoring Plan o Quarterly Water Quality monitoring at 5 of the 7 original sites along Cattle Creek. o Additional nutrients included in the sampling regime (Ammonia &Total Inorganic Nitrogen). o Macroinvertebrate sampling in the fall at all 7 original sites with an emphasis on addressing the state 303(d) listing. For more information, visit www.roaringfork.org Contact: Heather Lewin, Watershed Action Director, heathelfflroaringfork.nrF Chad Rudow, Water Quality Coordinator, chadproaringrork.org (970)927.1290 Roaring Fork Conservancy: Inspiring people to explore value and protect our watershed since 1996. Glenn Hartmann From: Michael Erion <merion@resource-eng,com> Sent: Tuesday, November 01, 2016 12:26 PM To: Glenn Hartmann Subject: RE: Kinney Minor Subdivision Referral Glenn: Thanks for the referral to the Basalt Water Conservancy District. The BWCD has no comments on the proposed application. Rega rds, Michael Michael Erion, P.E. Water Resources Engineer (970) 945-6777 Voice (970) 945-1137 Facsimile www.resource•eng.com The information contained in this e-mail is PRIVILEGED AND CONFIDENTIAL information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that dissemination, distribution, or copying of this communication is strictly prohibited, If you have received this communication in error, please immediately notify us by telephone and delete the original message from your system. Thank You. From: Glenn Hartmann [mailto:ghartmann@garfield-county.com] Sent: Wednesday, October 19, 2016 5:32 PM To: Wyatt Keesbery <wkeesbery@garfield-county.com>; Kelly Cave <kcave@garfield-county.com>; Steve Anthony <santhony@garfield-county.com>; Morgan Hill <mhill@garfield-county.com>; Scott Aibner <saibner@garfield- county.com>; Sullivan - DNR, Megan <megan.sullivan@state.co.us>; Berry, Karen <karen.berry@state.co.us>; Hoyer - DNR, Scott <scotthoyer@state.co.us>; Senor, Monte <msenor@blm.gov>; carrie.a.sheata@usace.army.mil; Chris Hale <chris@mountaincross-eng.com>;'Ron Leach' <leach@carbondalefire.org>; pelland@rfschools.com; Michael Erion <merion@resource-eng.com>; scasey@holycross.com; jason.sharpe@centurylink.com Subject: Kinney Minor Subdivision Referral Referral Agencies: Attached is the referral request form for the Kinney Minor Subdivision. Thank you in advance for your review and comments on this application. We request your comments be received by November 9th. They can be emailed to me at Owl trmannLogarfielc:l- co u nty. co m. The Application can be reviewed by following the instructions and links on the attached form. The best way to search for the file is to use the File Number MISA-04-16-8440). Please contact me if you have any questions or any difficulty in accessing the Application. Sincerely, Glenn Hartmann, Senior Planner Garfield County Community Development 970-945-1377 x1570 1 To: From: Scott Aibner— Garfield County Surveyor Subject: Plat Review — Kinney Minor Subdivision Plat Robert Hutton — Pinnacle Design Date: 11/09/16 Garfield County SUR VEYOR SCOTT Att3NER, P.L.S Robert, Upon review of the Kinney Minor Subdivision Plat, 1 have prepared a list of comments or corrections to be made prior to approval for survey content and form. 1.) A note stating that the unit of measure for this plat is the "U.S. Survey Foot" shall be added, 2.) Please provide ties and monument descriptions for the East and West 'A comers. 3.) Identify all monuments found or set, particularly the exterior boundary corners. 4.) The heading states this parcel as "being a portion of Parcel A and Parcel B". A reference to the reception number (408017) should be made in the heading or in the notes. 5.) Label the creek and note by what means the creek was located and at what date. Once these comments have been addressed and all final comments from the Community Development have been completed, the Mylar may be prepared for recording. The Mylar shall be delivered to the Community Development office with all private party signatures no later than Monday the week prior to the next commissioner meeting day in order to make that meeting. Sincerely, Scott Aibner Garfield County Surveyor cc Glenn Hartmann — Community Development Department 109 8 th Street ,Suite 201 • Glenwood Springs, C081601 • (970)945-1377 • Fax: (970)384-3460 • e-mail, saibner(a7garfteld-countycom June 27, 2016 3799 HIGHWAY 82 • P.O. DRAWER 2150 GLENWOOD SPRINGS, COLORADO 81602 (970) 945-5491 • FAX (970) 945-4081 RE: 1000 County Road 113 Dear Tom: The above mentioned development is within the certificated service area of Holy Cross Energy. Holy Cross Energy has existing power facilities located on or near the above mentioned project. These existing facilities have adequate capacity to provide electric power to the development, subject to the tariffs, rules and regulations on file. Any power line enlargements, relocations, and new extensions necessary to deliver adequate power to and within the development will be undertaken by Holy Cross Energy upon completion of appropriate contractual agreements and subject to necessary governmental approvals. Please advise when you wish to proceed with the development of the electric system for this project. Sincerely HOLY CROSS ENERGY Russ Winder Manager of Construction Engineering rwi nder@holycross.com (970) 947-5443 A Touchstone Encrgy°P Cooperative-n- Policy 01-14 Waivers for Roads and Demonstration of Compliance i March 3, 2014 Section 7-107, Access and Roadways, of the Garfield County Land Use and Development Code (LUDC) requires all roads to be designed to provide for "adequate and safe access" and reviewed by the designated County Engineer. The LUDC defines "road" as "a County road, State highway, public road, street or alley, or private thoroughfare which affords primary access to abutting property, excluding a driveway accessing a single property." The LUDC defines "private road" as "a right-of-way constructed, established, owned, and maintained by a private party for access exclusively to private property." Many of the roads in Garfield County are private roads in that they are gated and do not serve the general public and they pre-existed the design currently required by the County's Road Standards as defined in Table 7-107. The LUDC allows for the waiver of specific standards provided that the following criteria have been met: 1) an alternative design achieves the intent of the subject standard to the same or better degree and 2) the proposed alternative will impose no greater impacts on adjacent properties than would occur through compliance with the specific standard (Section 4-118). in applications that include roads that do not meet current County road standards as outlined in Table 7- 107, the County has asked that Applicants request a waiver of Section 7-107.F, Design Standards, and include in the Application submittal sufficient information, prepared by a professional qualified in the specific discipline, to demonstrate that they meet the criteria outlined in Section 4-118 for granting a waiver. In doing so, the application must include: A Statement of Adequacy - The evaluation of the existing roadway and waiver will need to include a clear statement that finds that the road will be adequate for the proposed use. This statement must be signed by a professional engineer qualified in traffic engineering and licensed by the State of Colorado. To support this evaluation, the following information will be required to be provided: o Geometry of the road — A description of how the private road does/does not meet the design standards in Table 7407. This should include a chart that compares the private road design to those standards in Table 7-107, as well as a map that shows the existing road design and highlights those areas that deviate from the standards. A narrative may also be helpful in describing the characteristics of the road as they compare to Table 7- 107 design standards. Unless available, this is not intended to imply construction -level drawings. 1 P a g e o Safety/Structural Issues — A description of obvious safety and/or structural issues observed and a statement about how these issues will be addressed. o Maintenance — A description of how the road is and/or will be maintained. This should be supported with the submittal of any existing or proposed maintenance agreements for the road sections. o Travel Demand — An accurate count of the existing peak travel demand as well as the Average Daily Traffic on the road. This should also include the types of vehicles that currently use the road as well as the additional amount and type of traffic that the proposed use will generate through all phases of its development. Other Evidence of Compliance. In addition, Sections 7-107.A, B, C, D, and E are required to be addressed, which includes documentation about legal access. Sufficient evidence will be required to be submitted to demonstrate compliance with these sections of the Code. 2IPage Exhibit J Letter from Civil Engineer Regarding Site Septic March 24, 2016 Mr. Tom Stevens The Stevens Group, Inc. 155 Maroon Mesa Drive Carbondale, Colorado 81623 PINNACLE DESIGN CONSULTING GROUP INC. 0805 Buck .Point Road Carbondale, CO 81623 (970) 963-2170 Office (970) 704-0215 Fax RE: KINNEY MINOR SUBDIVISION — PERCOLATIONS TESTS Dear Tom; Attached is a summary sheet of the percolation tests that we conducted last summer in 2015 on proposed Lots 2 and 3 within the subject property. Based on our findings. The soil properties are suitable for the design of an ISMS system. Please feel free to give me a call if you have any questions or comments. Sincerely, • 3508B 13\. 3 tv-ilic4 Pinnacle -Design Consulting Group, Inc. 0805 Buckpoint Road Carbondale, Colorado 81623 FIEBlheb Enclosures: Percolation Test Summary Sheet PINNACLE DESIGN CONSULTING GROUP, INC. TABLE 1 - PERCOLATION TEST RESULTS KINNEY MINOR SUBDIVISION GARFIELD COUNTY, COLORADO PROFILE HOLE FEET LOCATION LOT 2 P1 LOT 3 P2 DESCRIPTION DATE OF TEST: JUNE 15, 2016 0'-0.5' topsoil root zone 0.5`-7' silty clay with gravel grown to light brown in color No groundwater present 1.5'-7' topsoil root zone silty clay with gravel well graded. Maroon in color No groundwater present WATER WATER AVE. HOLE DEPTH TIME DEPTH DEPTH WATER HOLE NUMBER OF HOLE INTERVAL START OF END OF DROP PERC. INTERVAL INTERVAL LEVEL RATE (INCHES) (MINUTES) (INCHES) (INCHES) (INCHES) (MPI) P1 P2 48 15 WATER ADDED 15 12" 9-3/4" 2-1/4" 9-3,4" 8-1/2" 1-1/4" 8-1/2" 7-1/2" 1" 7-1/2" 6-1/2" 1" 12" 11" 1" 11" 10" 1" 10" 9" 1" 9" 8-1/4" 3/4" 8-1/4" 12-1/2" 7-1/2" 11-5/8" 3/4" 7/8" 11-5/8" 8-518" 3" WATER ADDED 12" 9-1/4" 9-1/4" 6-1/4" 2-3/4" 3" WATER ADDED 12-1/2" 9-3,4" 2-3/4" 9-3/4" 6-3/4" 3" 6-314" 3-314" 3" 20 5 Note: Percolation test holes were hand dug in the bottom of backhoe pits and soaked on June 14, 2015. Percolation test were conducted on June 15, 2015, The average Percolation rates are based on the last two readings of each test. Exhbit K Waiver of Standards for Access to Lot 3 March 08, 2019 Mr. Glenn Hartmann Garfield County Community Development 108 8th Street, Suite 401 GI enwood Springs, Colorado 81601 RE: KINNEY MINOR SUBDIVISION LOT 3 ACCESS DRIVEWAY WAIVER REQUEST Dear Glenn; PINNACLE DESIGN CONSULTING GROUP, INC. 0805 Buck Paini Road Carbondale, CO 81623 (970) 963-2170 Office (970) 704-0215 Fax The Kinney Minor Subdivision application calls for access to Lot 3 by means of an existing driveway that currently serves one existing home above the Kinney property. Use of this driveway is also shared with the two homes along Cattle Creek Road. Access to these properties is by means of an existing access and utility easement. This easement benefits the Kinney property as it provides legal access to Lot 3 of the Kinney Subdiision. Upon plotting this easement on the base maps, it was obvious that the driveway was constructed just outside the easement as it leaves Cattle Creek Road to approximately Cattle Creek. This forces two alternatives for the Kinney Subdivision, first relocate the driveway by re constructing a new driveway immediately parallel to the existing, or re write the easement. The re write of the easement is in process. The existing driveway which will now serve Lot 3 also serves approximately 3 other residences and has for many years. The existing driveway does not meet current county standards for maximum gradient, with a small section (approximately 100 feet) being slightly greater than 12%, approximately 14%. However, there is a section of driveway as it intersects with Cattle Creek Road where the gradient lessens to approximately 3% for approximately 30 feet, allowing for vehicles to stop before accessing Cattle Creek Road. At this intersection point, site lines are sufficient along Cattle Creek Road. Due to the fact that this road has provided adequate service to multiple homes for several years, it is our opinion that it will continue to be adequate for the proposed one additional home site. This driveway is gravel and the width varies from 10 to 14 feet. SPECIFIC REVIEW CRITERIA (Per Table 7-107) Category Design Capacity (ADT) Minimum ROW Width (Feet) Lane Width (Feet) Shoulder Width (Feet) Ditch Width (Feet) Cross Clope Shoulder Slope Design Speed Minimum Radius (Feet) Maximum Grade Surface Primative/Driveway 0-20 15-30 Single Lane 12 Feet 0 3 (if nec. for ad. drain.) 2% n/a n/a 40 12% Native Material Comply Comply Comply Comply Comply Comply n/a n/a Comply Exceed — 14% Comply The existing driveway complies with all specified criteria within Table 7-107 except Maximum Gradient. There is one section of the road that is 14% grade for approximately 100 feet. This driveway has existed for several decades and has provided construction access, trash collection access etc_ during this period of time. The Fire Department has visited the site to determine if the existing driveway was adequate for fire access and determined that it was. Therefore, the Applicant requests a Roadway Waiver for the maximum gradient of the existing driveway, to exceed the 12% specified and allow 14% which is existing. Sincerely, Hans E. Brucker, PE Pinnacle Design Consulting Group, Inc. 0805 Buckpoint Road Carbondale, Colorado 81623 HEB/heb Exhibit L Updated List of Property Owners within 200 Feet 1,/f-- GATED . 6,". PARCEL PHYSICAL ADDRESS OWNER ACCOUNT # MAILING ADDRESS 239315300954 CARBONDALE RI RFAU OF LAND MGT R043957 23013 RIVER FRONTAGE ROAD SILT CO 81652 239317100085 CARBONDALE KW DALL, LARRY 12011310 1259 CO RD 113 CARBONDALE 338 MEADOWOOD RD GLENWOOD 8160I 239317100088 CARBONDALE SAMUEL KINCAID 14011516 1172 CO RD 113 CARBONDALE 81623 23931716090 CARBONDALE WILLIAM CRYMBLE R011151 1168 CO RD 113 CARBONDALE 81623 PO BOX 741 CARBONDALE 81623 239317100091 CARBONDALE BAYARD BELLINGER R011553 1164 CO RD 113 CARBONDALE 81623 239317100371 CARBONDALE DONNA BURKETI' 8111987 1170 CO RD 113 CARBONDALE 81623 239317200093 CARBONDALE GARY LII" ELL R011574 969 CO RD 113 CARBONDALE 81623 239317200248 CARBON DA LE DAVID JAMES ROBINSON 8111496 912 CO 813 113 CARBONDALE 81623 239317100087 PA PHILIP MALIN R011384 11 SYCAMORE DR_ MALVERN, PA 19355 Exhibit. M Existing Access Easement to Lot 3 291-9•74---......Ree. 974 /s ' Recorded at...I../..:.. . clocic..l1....M., - riT C>u. ocJ , 2 � iiOUK' is x'45 Reception No.... ,i��.....__. .. ....._ '{ .. * ...._Recorder. Pf0; Tms MEI?, made tb;a 02 9 44 day of June 19 72 , hotween PATH W. FISCHER and JOE «LINE of tile , i County of Garfield and Stats of Colorado, of the•first part, and CARL E. WARD and LINDA S.+ WARD RECORDER'S STAMP UNE NCEEiiiRiiY FEE OCT 2 9 1 74 • of the County of Garfield and State of•Colorado, of the second part: WITNESSETH, that the said partiC5 of the first part, for and in consideration of the suns of Ten Dollar's and other good and valuable considerations g]pald3SCx to the said parties of the first part in hand paid by the said parties of the second part, the receipt whereof ie hereby confessed and aelmowledged, ha ve granted, bargained, sold and conveyed, and by these presents do grant, bargaiii, sell, convey and confirm unto the said parties of no second part, their heirs and assigns forever, nor in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and being in theCounty of Garfield and State of Colorado, to wit: A,parcel of land situated in the SW4 of Section 17, Township 7 South,,Range 88 West of the Sixth Principal Meridian lying Southerly of the Northerly line of said SWANE4j said parcel of landis described as follows: Beginning at a point on the Northerly line of said SW-kNE3/4 whence the Northeast Corner of said SW%4NE'? bears; N. 89°37'21" E. 660.00 feet; ,thence S. 01007'58" E. 660.00 feet; thence S. 89037121" W. 330.00 feet; thence N..01°07'58" W, 660.00 feet •to aipoint on the Northerly line of said SW2NE4; thence N. 89037'21" E. 330.00 feet along the Northerly line of said SW4NE' to the point of beginning. The above described parcel of land contains 5.00 acres, more or less. The above described parcel of land is subject to a 60.00 foot County Road running through the Northerly portion thereof. Also; a 30.00 foot road easement running along the entire Easterly boundary thereof; together with access to be used jointly with others over and across said 30.00 loot road easement. Together with all water rights and ditch rights appurtenant to the above described property and used thereon, said water right being apprtximately .0165 c.f,s. from the Sitatdn flitch. (Note: The conveyance of water rights herein shall not be subject to any of the covenants contained in this deed,) Rese—ving unto the Grantors, their heirs, successors and assigns the right to ingress and egress to those portions of the Mason Ditch and Staton Ditch traversing the above-described property for purposes of maintenance and use of said ditches. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the revexsien and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, elaini and demand whatsoever of the said part ies of the first part, either in law or equity, of, in and to the ahoy° bargained premises, with the hereditaments and appurtenances. No. no. wiinU11NTY DEEn—Ta Joint Teunntn,—➢miltord rult>ahinp Company, 11124 Stout Streak, Denver, Colorado -1-71 3 botK465 ?Ace 546 • TO HAVE:AND TO' HOLD'the said premises' above bai'gainetVand deseribed, with the appurtenances; unto- the Said Pardee of thesecond part,'thoir hoira'and insigne forever..And the said part les of the' first part; for them solves ,&theirheiri;; osecutois, and odminiettatore, do' ' covenant, grant, bargain 'and agree to and with the said parties of the second pert,,their heirs and asaigns, that et the time of the annealing and delivery of these preeeate, they are well seized of the premises above conveyed, az of good, sure, perfect, absolute end indefeasible estate of inheritance in law, in fen simple, and have goad right, full power and lawful authority to grant, iiargain, soli and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, males, liens, taxes, assessments and incumbrances of whatever kind or nature„ sower, except U.S. Patent Reservations and except general, taxes 'i or 1972 payable in.1973, and the above bargained premises in the quint and peaceable possession of the said parties of the second part, .their heirs andaseigaa, against all and every person or pereoae lawfully claiming or,to claim the whole or any part thereof, the said parties - of the first part shall and will WARRANT AND POILEVER DEFEND. IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hand s and seal s the -day and year first above written, Signed, Sealed and Delivered in the Prceonce of 1:;r..STATE OF COLORADO, Comity of GA'12T'ELD Tlie forogRszt in?titrument was aclmowlcdged before W01 FISCHER and JOE KE ;:'bl,'y(�jcli$m�li �irfn•,gxpirea Jct1y 28 - ul W. Fischer ,., Joe,11(&, n ne l�r" as. me this 29th , 19 73 • Witness my band and official seal. [SEAL] [SEAL] [SEAL] day of June -. • If;hy potnrnt person or parsons hero fnnork noose ar nnma; if by portions ruction' in repr gontitive ar official eopaalty or ns attorney-.1n•fnet, then insert !ladle of pemon as executor. attorney -in -fast or other capacity or description; if by officer of corporation, then insert soma of midi officer or officeia, rue 'the president or other officers a ouch Corporation, naming 0