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HomeMy WebLinkAbout1.0 ApplicationPivot Energy Major Impact Review- Land Use Change Permit Solar Energy System - Large Pivot Solar 1 and Pivot Solar 3 Projects Tax Parcel No. 240923300098 Section 1: General Application Materials pivotenergy.net g1P-'" Pivot N-AL Energy Major Impact Review: Pivot Solar 1 and Pivot Solar 3 Projects (parcel no. 240923300098) Application Narrative Introduction Pivot Energy, LLC ("Applicant") is applying for a Land Use Change Permit, Major Impact Review for a proposed Solar Energy System — Large on behalf of the property owner, Strait Bottom Ranch LLLP, and as manager of Pivot Solar 1 LLC and Pivot Solar 3 LLC, the operators of the solar arrays. The proposed development will consist of two solar arrays installed adjacent to each other on the subject parcel (ID no. 240923300098). The energy generated from these arrays will be connected to Xcel Energy's power grid and will provide cost savings to participants in Xcel's Solar*Rewards Community program. The facility will be operated under a land lease from the property owner. Land and Zoning The subject parcel is zoned Rural, and located just south-west of Parachute. The land lies between the Interstate 70 and Old US Hwy 6 rights -of -way, and already features multiple oil and gas extraction and storage facilities onsite. Surrounding land is primarily vacant with two rural residences some distance away to the south-west. There is an Xcel Energy 3-phase power distribution line crossing the parcel, to which these facilities will interconnect directly. Permits An expected list of permits (and non -ministerial approvals or consultations) for this development is as follows: • Garfield County: Land Use Change Permit (Major Impact Review, Solar Energy System — Large) • Army Corps of Engineers: Finding of No Impact / No Jurisdiction; consultation ongoing • US Fish & Wildlife / Colorado Parks & Wildlife: Wildlife Impact Mitigation strategy; consultation ongoing • Colorado Department of Transportation: Access Permit for Old US Hwy 6 street access • Garfield County: Fencing Construction Permit • Garfield County: Grading/Driveway Construction Permit • State of Colorado: Electrical Construction Permit Hours of Operation During construction, onsite activity is largely expected to take place between the hours of 7am to 5pm, Monday to Saturday. Construction is expected to take approximately 3 months. During operation, the unmanned facility will be operational during daylight hours and will cease operations shortly after sunset each day. Technology and Operation There will be two solar arrays; one with a nameplate generation capacity of 2 MWdc, the other 1 MWdc for a total of 3MWdc in aggregate. The technology for the solar arrays will consist of driven steel pile supports with poly -silicon solar modules mounted to a metal racking atop the supports. The rows of solar modules will track the path of the sun across the sky, known as single -axis tracking. This allows for maximum efficiency in generating power. At maximum tilt, the leading edge of the solar module will be approximately 8ft above grade. The solar modules will produce DC power, which is converted to AC power at the inverter. This power is then injected into the grid and carried to the nearby substation for further distribution. Cable runs are expected to be trenched and run underground. There will be a central concrete pad housing standard utility electrical equipment such as switchgear, production meter, transformers, a weather station, and equipment monitoring and control systems. All equipment installed will be new, of good quality, and will meet all required testing and safety standards. Each array will be surrounded with a decorative 8-foot high wildlife friendly fence, of similar specifications to game fencing used by CDOT along highway rights -of -way. Each array will feature an all-weather gravel driveway that leads from the existing access road onsite to the equipment pads. Access to each array will be gated for security, and the utility and any relevant local agencies such as fire or police will be provided with access details. There will be electrical hazard signage mounted on the perimeter fence and access gate. pivotenergy.net Pivot 11W41`Energy Major Impact Review: Pivot Solar 1 and Pivot Solar 3 Projects (parcel no. 240923300098) The facility will operate for an initial term of 20 years, with the possibility of an extended operating life for up to 20 more years. During operation, the facility will be unmanned. The tracking system will actuate automatically according to sensor input, and the inverters and electrical equipment will be in operation during daylight hours. No security lighting is proposed for the facility; there will be a single task light at each equipment pad should nighttime repairs or maintenance be necessary. There will be very little traffic to the site during the operational phase; intermittent visits on a monthly or quarterly basis by utility personnel can be expected, or as needed to replace faulty equipment. Once construction is complete, the area within the perimeter fence will be re -seeded in accordance with the enclosed re -vegetation plan. Landscaping maintenance will occur on a regular basis during the growing season; the standard method of vegetation management will be mechanical, although Applicant is exploring other options for vegetation management and, if practicable, will seek to use livestock grazing as a means of vegetation control. Below are photographs of similar installations already completed, to show the relative size and scale of installations of this type. Aerial view pivotenergy.net Pivot -,4fr Energy Major Impact Review: Pivot Solar 1 and Pivot Solar 3 Projects (parcel no. 240923300098) Equipment pad and typical electrical equipment pivotenergy.net Pivot Energy Major Impact Review: Pivot Solar 1 and Pivot Solar 3 Projects (parcel no. 240923300098) Typical solar array row pivotenergy.net Pivot -,4fr Energy Major Impact Review: Pivot Solar 1 and Pivot Solar 3 Projects (parcel no. 240923300098) Racking support structure, typical: pivotenergy.net Pivot Energy Major Impact Review: Pivot Solar 1 and Pivot Solar 3 Projects (parcel no. 240923300098) Fencing, typical (wildlife fencing on left): ) ),,, �� `ti V`l 1tititi�1�1-V144�� 4�ti� 44.44. "1111111 I�*` tititi ti�titi�titi� ti kk`ti�t pivotenergy.net 111I filliiiii10104111111411iitliii, 11111 Reception#: 937130 06/22/2020 02:21:49 PM Jean Rlberico 1 of 7 Rec Fee:$43.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT D FORM OF SHORT FORM REQUESTED BY AND WHEN RECORDED RETURN TO: rx; Try n SL} 1410,may) err v-el`, /4_ 7 (Space above this line for Recorder's use only) SHORT FORM OF SOLAR LEASE THIS SHORT FORM OF SOLAR LEASE ("Short Form") is made and entered into as of / , , 2020 by and between Strait Bottom Ranch LLLP whose residence/mailing address is PO Box 26 Woody Creek, CO 81656 ("Owner"), and TCA Microgrid Energy LLC, a Florida Limited Liability Company, dba Pivot Energy LLC, whose address is 1750 15th St. Suite #400 Denver, CO 80202 ("Company") (Owner and Company the "Parties" and each a "Party"), and provides as follows: WITNESSETH The Parties agree: 1. The Parties have entered into a Solar lease ("Agreement") dated as of , 2020 ("Effective Date"). The Agreement grants Company exclusive rights in and to certain land more particularly described in the attached Exhibit A ("Land") as well as in and to any easements, rights - of -way, and other rights and benefits relating or appurtenant to the Land ("Property"). The Agreement also restricts certain uses of and grants certain interests in and to the Property. 2. Generally, the Agreement: (a) concerns the development of solar energy project(s) by Company involving the Property ("Project"); (b) grants Company easements, leases, and other rights related to the Property; and, (c) limits, prohibits, and restricts other development or use(s) of the Property that interfere with the rights granted Company by the Agreement. 3. The Agreement consists of two periods — a "Development Term" and an "Operations Term" (together the "Term"). The Development Term is three (3) years from the Effective Date. If Company does not enter Operation Terms before the end of the Development Term, and Owner does not agree to an extension of the Development Term, then the lease will become null and void. Company will also file a lease termination memorandum with the county clerk to terminate the lease within 30 days of the expiration of the Development Term if the Operations Term is not 1111 FjCrikli: AVIri1 til, 411/10JI 11111 Reception## : 937130 06/22/2020 02:21:49 PM Jean Alberico 2 of 7 Rec Fee:$43.00 Doc Fee:0.00 GARFIELD COUNTY CO entered into by Company. In the event Company fails to or is unable to file a lease termination memorandum at the expiration of the Development Period, Owner may file an affidavit of non - operation which will have the same effect as the lease termination memorandum. The Operations Term starts on the earlier of: (a) Company's notice to Owner of the start of the Operations Term; (b) the date that is twelve (12) months after the date of the start of construction of the Project as set forth in a notice from Company to Owner; or, (c) the first day the Project delivers electricity in commercial quantities (excluding test energy) and continuing thereafter until the date that is twenty one (21) years after this date. By notice to Owner, Company has the right to extend the Operations Term for up to two (2) additional consecutive periods of ten (10) years each. 4. By the Agreement, Owner grants Company certain exclusive and non-exclusive rights. For the Development Term, Owner grants Company exclusive rights to the Property for performing "Development," which means (a) all actions, studies, and tests related to the evaluation and investigation by Company of the suitability of the Property for solar energy development, including performing the following on the Property: (i) inspections and surveys; (ii) archaeological, avian, geologic, and soils studies and tests; (iii) electrical interconnection and transmission studies and tests; (iv) environmental inspections, studies, and surveys; (v) the operation of equipment for evaluating, measuring, and monitoring meteorological conditions; and, (vi) conducting meteorological studies and tests and (b) construction of the Project including of those systems authorized to be located on the Property during the Operations Term. For the Operations Term, Company will have exclusive use and possession of the Land and to the extent permitted under the pertinent grant/right to Owner exclusive right to all other parts of the Property. Company will have the right to use the Property for Development and for testing, permitting, construction, operation, maintenance, repair, replacement, repowering and decommissioning of the Project and for all uses contemplated in the permits or authorizations relating to the Project, including all activities necessary, incidental or convenient to that use, and any other lawful uses consistent with the operation of the Project, including, the following activities (collectively, the "Intended Use"): As Company deems necessary in its sole discretion, whether on or off the Property, Company may erect, relocate, repair, replace, maintain, operate and remove (a) on and from the Land solar energy measurement, collection, conversion, and generation systems and equipment of any type and quantity, including fences, foundations, racking systems, inverters, converters, substations, interconnection and switching facilities, tracking systems, buildings, and other equipment and improvements for the conversion of solar energy into electricity and for the storage of such electricity and (b) and on and from the Property transmission, distribution, and communication lines, poles, anchors, support structures, underground cables, and associated equipment and appurtenances, and roads. Any such equipment, facilities or other improvements erected or constructed on the Property are referred to as the "Improvements"; Company may remove, trim, prune, top or otherwise control the growth of any tree, shrub, plant or other vegetation or dismantle, demolish, and remove any improvement, structure, 11111rrj 1l4EINIV,IIILI I +Ik'4:le wal11111 Reception#: 937130 06/22/2020 02,21:49 PM Jean Rlberico 3 of 7 Rec Fee:$43.00 Doc Fee:0.00 GARFIELD COUNTY CO embankment, impediment, berm, wall, fence or other object, on or that intrudes (or could intrude) into the Property or that could obstruct, interfere with or impair the Project or the Intended Use, as well as perform grading on the Property; Company may occupy, use, renovate, rebuild, demolish, and/or remove any existing structures on the Property, including use of any structures as office or living quarters in connection with construction, operation, and management of the Project; and, Company may control and restrict access onto and over and across the Property. Owner consents to Company's location of the Improvements at any location on the Property, including at or near property lines. 5. The Agreement also, among other things: (a) restricts Owner's access to the Property during the Term; (b) requires Owner to grant such further easements for access and utility purposes as Company may require; (c) prohibits any activities, whether on or off the Property, that interfere with the passage of sunlight on to the Property; (d) includes an express grant of a solar easement as described in Colorado Revised Statutes 38-32.5-100.3 et seq; (e) includes a mechanism for dividing the Property into multiple separate leases for separate projects; (f) includes a waiver by Owner of any interest in the Improvements, including any potential lien rights; (g) addresses the rights of the Parties in the case of a condemnation of all or part of the Property; (h) authorizes Company to satisfy Owner's obligations that may become a lien or encumbrance on the Property or Improvements; (i) includes limited remedies and prohibits certain remedies; and, (j) includes limited bases for termination. 6. The Agreement runs with the Property for the Term and includes a quiet enjoyment clause. 7. The Agreement includes broad assignment and finance -related provisions in favor of Company, including: (a) the right of Company and its assignees to assign (including by assignment, lease, or sublease, or a grant of licenses, easements, sub -easements or co -easements) all or part of their rights under the Agreement and/or the Improvements, including for collateral security purposes; (b) the right of Company or its assignees to mortgage the Leasehold Estate and the Improvements; (c) the obligation of Owner to give Company and Leasehold Mortgagees notice of defaults; (d) the right of Leasehold Mortgagees or assignees to exercise Company's rights under the Agreement and/or take title to the Leasehold Estate, Improvements, and/or Company's rights under the Agreement (but as provided for in the Agreement Leasehold Mortgagees have no obligations under the Agreement unless and until they hold a direct interest in the Leasehold Estate); (e) limited bases for termination (i.e. only in the case of uncured monetary defaults and after expiration of all applicable cure periods); (f) cure rights in favor of Company and Leasehold Mortgagees and separate cure periods for Company and Leasehold Mortgagees; and, (f) the obligation of Owner to execute a new lease if the Agreement is terminated. 8. The conditions, covenants, definitions (including the definition of capitalized terms not defined in this Short Form), limitations, restrictions, and terms governing the encumbrances imposed on the Property, restrictions on use of the Property, and rights granted in and to the Property are set forth in the Agreement. Without limitation, and except as expressly authorized by 1111 1hlihriribi Ilk 11111 Reception#: 937130 06/22/2020 02:21:49 PM Jean Alberico 4 of 7 Rec Fee $43.00 Doc Fee:0.00 GARFIELD COUNTY CO the Agreement, these include Owner's covenant to not grant any third party any rights to evaluate or develop the Property. Also, the Agreement specifies limitations, requirements, and/or restrictions, on: (a) the conveyance and development of mineral rights associated with the Property (including a surface use relinquishment by Owner, as well as a requirement that any mineral interest owners enter a surface use or accommodation agreement with Company); (b) interference with the Project and/or with the rights granted in the Agreement; and/or, (c) "severance" of solar rights associated with the Property or revenue related to the Agreement. 9. Also by the Agreement Owner covenants: (a) to obtain for the benefit of Company a non - disturbance and subordination agreement from each holder of an interest in the Property; (b) to amend the Agreement as Company may request in connection with its financing; and, (c) to execute consents and estoppel certificates as Company may request from time -to -time. 10. The Parties have executed and recorded this Short Form for the purpose of giving record notice of the Agreement, of the exclusive easements, leases, and rights it grants, and of certain restrictions it imposes. All of the conditions, covenants, and terms regarding the Agreement are more particularly set forth in the Agreement, which is incorporated by this reference. In the event of any conflict between the conditions and terms set forth in this Short Form and the conditions and terms set forth in the Agreement, the conditions and terms of the Agreement will control and govern. This Short Form may be executed and/or recorded in counterparts. SIGNATURE PAGES FOLLOW ■III �4�jr��� iG�u N 1�14it'I��il4 hh�ll'�Y4rh 1I II1 Reception#: 937130 06/22/2020 02:21:49 PM Jean Rlberico 5 of 7 Rec Fee:$43.00 Doc Fee:0.00 GARFIELD COUNTY CO SIGNATURE PAGE TO SHORT FORM OF SOLAR LEASE IN WITNESS WHEREOF, the Parties have executed this SHORT FORM OF SOLAR LEASE as of the date set forth above. OWNER: S-�`�'�+L STATE OF (2o / ra aka ) )ss. COUNTY OF P/r1 r) On tlf.0 20,20, before me, the undersigns , a Notary Public in and for said County and ate, personally appeared' % Arm B 0 s ersonally known to me (or proved to me on the basis of satisfactory evidenyj to be the perso s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the within instrument. JOCELYN BRACAMONTES NOTARY PUBUC STATE OF COLORADO NOTARY ID 20174000416 MY COMMISSION EXPIRES JANUARY 04, 2021 1III14r.ir1141 A4J CNAIA11111 Reception#: 937130 06/22/2020 02:21:49 PM Jean Rlberico 6 of 7 Rec Fee:$43.00 Doc Fee:0.00 GARFIELD COUNTY CO SIGNATURE PAGE TO SHORT FORM OF SOLAR LEASE IN WITNESS WHEREOF, the Parties have executed this SHORT FORM OF SOLAR LEASE as of the date set forth above. Company: fCI IvV.c,cr16 '&w y By: Name: -T.., 144 Title: STATE OF CvJvr�c� COUNTY OF re..,r L� ACKNOWLEDGEMENT )ss. On , 24a before me, the undersigned, a Notary Public in and for said County and State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the within instrument. WITNESS my hand and official seal. EL Notary Public Commission Expires: -) .2 J 20.23 ELI OPPENHEIMER NOTARY PUBLIC - STATE OF COLORADO NOTARY ID 20194011170 MY COMMISSION EXPIRES MAR 21, 2023 III F.rC'UN% ;KIN w'�:l �f �l k���IA II III Reception#: 937130 06/22/2020 02:21:49 PM Jean Alberico 7 of 7 Rec Fee:943.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A TO SHORT FORM OF SOLAR LEASE DESCRIPTION OF THE LAND THAT CERTAIN REAL PROPERTY LOCATED IN Garfield COUNTY, Colorado, DESCRIBED AS: Parcel Township Rage Section Portion of Section Acreage 2409-233-000-98 27 7S 96W NE4 6.5 Total Acreage 6.5 2 Sa922_M it-r .e, Ctilt. NIL AIL PIN 240923300098 -1FC(•t $Tax .IFlks 'enaU Account R260298 Owner STRAIT BOTTOM RANCH LLLP Physical Address Not available PARACHUTE81635 Mailing Address PO BOX 26 WOODY CREEK, CO 81656-0026 Acres 142.67 2018 MITI Levy 49.9499 / 40921400161 24G5234OJ1W', 11111M2INDRIALLININIPNVAIIW.4011111 Reception#: 933332 03123/2020 02:42:51 PM Jean Alberico 1 of 7 Rec Fee:$43.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT D FORM OF SHORT FORM REQUESTED BY AND WHEN RECORDED RETURN TO: /_, .<v is-lh .s,l �#v� borivcr- (Space above this line for Recorder's use only) SHORT FORM OF SOLAR LEASE THIS SHORT FORM OF SOLAR LEASE ("Short Form") is made and entered into as of a t , 2020 by and between Strait Bottom Ranch LLLP whose residence/mailing address is PO Box 26 Woody Creek, CO 81656 ("Owner"), and TCA Microgrid Energy LLC, dba Pivot Energy LLC a Florida Limited Liability Company, whose address is 1536 Wynkoop St. Suite #400 Denver, CO 80202 ("Company") (Owner and Company the "Parties" and each a "Party"), and provides as follows: WITNES SETH The Parties agree: 1. The Parties have entered into a Solar lease ("Agreement") dated as of , .// , 2020 ("Effective Date"). The Agreement grants Company exclusive rights in and to certain land more particularly described in the attached Exhibit A ("Land") as well as in and to any easements, rights - of -way, and other rights and benefits relating or appurtenant to the Land ("Property"). The Agreement also restricts certain uses of and grants certain interests in and to the Property. 2. Generally, the Agreement: (a) concerns the development of solar energy project(s) by Company involving the Property ("Project"); (b) grants Company easements, leases, and other rights related to the Property; and, (c) limits, prohibits, and restricts other development or use(s) of the Property that interfere with the rights granted Company by the Agreement. 3. The Agreement consists of two periods — a "Development Term" and an "Operations Term" (together the "Term"). The Development Term is three (3) years from the Effective Date. If Company does not enter Operation Terms before the end of the Development Term, and Owner does not agree to an extension of the Development Term, then the lease will become null and void. Company will also file a lease termination memorandum with the county clerk to terminate the lease within 30 days of the expiration of the Development Term if the Operations Term is not 51162346.2 ■Ill hira101 11111 Reception#: 933332 03/23/2020 02:42;51 PM Jean Alberico 2 of 7 REC. Fee:$43.00 Doc Fee10.00 GARFIELD COUNTY CO entered into by Company. In the event Company fails to or is unable to file a lease termination memorandum at the expiration of the Development Period, Owner may file an affidavit of non - operation which will have the same effect as the lease termination memorandum. The Operations Term starts on the earlier of: (a) Company's notice to Owner of the start of the Operations Term; (b) the date that is twelve (12) months after the date of the start of construction of the Project as set forth in a notice from Company to Owner; or, (c) the first day the Project delivers electricity in commercial quantities (excluding test energy) and continuing thereafter until the date that is twenty one (21) years after this date. By notice to Owner, Company has the right to extend the Operations Term for up to two (2) additional consecutive periods of ten (10) years each. 4. By the Agreement, Owner grants Company certain exclusive and non-exclusive rights. For the Development Term, Owner grants Company exclusive rights to the Property for performing "Development," which means (a) all actions, studies, and tests related to the evaluation and investigation by Company of the suitability of the Property for solar energy development, including performing the following on the Property: (i) inspections and surveys; (ii) archaeological, avian, geologic, and soils studies and tests; (iii) electrical interconnection and transmission studies and tests; (iv) environmental inspections, studies, and surveys; (v) the operation of equipment for evaluating, measuring, and monitoring meteorological conditions; and, (vi) conducting meteorological studies and tests and (b) construction of the Project including of those systems authorized to be located on the Property during the Operations Term. For the Operations Term, Company will have exclusive use and possession of the Land and to the extent permitted under the pertinent grant/right to Owner exclusive right to all other parts of the Property. Company will have the right to use the Property for Development and for testing, permitting, construction, operation, maintenance, repair, replacement, repowering and decommissioning of the Project and for all uses contemplated in the permits or authorizations relating to the Project, including all activities necessary, incidental or convenient to that use, and any other lawful uses consistent with the operation of the Project, including, the following activities (collectively, the "Intended Use"): As Company deems necessary in its sole discretion, whether on or off the Property, Company may erect, relocate, repair, replace, maintain, operate and remove (a) on and from the Land solar energy measurement, collection, conversion, and generation systems and equipment of any type and quantity, including fences, foundations, racking systems, inverters, converters, substations, interconnection and switching facilities, tracking systems, buildings, and other equipment and improvements for the conversion of solar energy into electricity and for the storage of such electricity and (b) and on and from the Property transmission, distribution, and communication lines, poles, anchors, support structures, underground cables, and associated equipment and appurtenances, and roads. Any such equipment, facilities or other improvements erected or constructed on the Property are referred to as the "Improvements"; Company may remove, trim, prune, top or otherwise control the growth of any tree, shrub, plant or other vegetation or dismantle, demolish, and remove any improvement, structure, 51 162346.2 III l f�l�'��E+G�',NlI�iY�I IY.Mil 0011:iali Mid 11111 Reception#: 933332 03/23/2020 02.42:51 PM Jean Alberioo 3 of 7 Reo Fee:$43.00 Doc Fee:0.00 GARFIELD COUNTY CO embankment, impediment, berm, wall, fence or other object, on or that intrudes (or could intrude) into the Property or that could obstruct, interfere with or impair the Project or the Intended Use, as well as perform grading on the Property; Company may occupy, use, renovate, rebuild, demolish, and/or remove any existing structures on the Property, including use of any structures as office or living quarters in connection with construction, operation, and management of the Project; and, Company may control and restrict access onto and over and across the Property. Owner consents to Company's location of the Improvements at any location on the Property, including at or near property lines. 5. The Agreement also, among other things: (a) restricts Owner's access to the Property during the Term; (b) requires Owner to grant such further easements for access and utility purposes as Company may require; (c) prohibits any activities, whether on or off the Property, that interfere with the passage of sunlight on to the Property; (d) includes an express grant of a solar easement as described in Colorado Revised Statutes 38-32.5-100.3 et seq; (e) includes a mechanism for dividing the Property into multiple separate leases for separate projects; (f) includes a waiver by Owner of any interest in the Improvements, including any potential lien rights; (g) addresses the rights of the Parties in the case of a condemnation of all or part of the Property; (h) authorizes Company to satisfy Owner's obligations that may become a lien or encumbrance on the Property or Improvements; (i) includes limited remedies and prohibits certain remedies; and, (j) includes limited bases for termination. 6. The Agreement runs with the Property for the Term and includes a quiet enjoyment clause. 7. The Agreement includes broad assignment and finance -related provisions in favor of Company, including: (a) the right of Company and its assignees to assign (including by assignment, lease, or sublease, or a grant of licenses, easements, sub -easements or co -easements) all or part of their rights under the Agreement and/or the Improvements, including for collateral security purposes; (b) the right of Company or its assignees to mortgage the Leasehold Estate and the Improvements; (c) the obligation of Owner to give Company and Leasehold Mortgagees notice of defaults; (d) the right of Leasehold Mortgagees or assignees to exercise Company's rights under the Agreement and/or take title to the Leasehold Estate, Improvements, and/or Company's rights under the Agreement (but as provided for in the Agreement Leasehold Mortgagees have no obligations under the Agreement unless and until they hold a direct interest in the Leasehold Estate); (e) limited bases for termination (i.e. only in the case of uncured monetary defaults and after expiration of all applicable cure periods); (f) cure rights in favor of Company and Leasehold Mortgagees and separate cure periods for Company and Leasehold Mortgagees; and, (f) the obligation of Owner to execute a new lease if the Agreement is terminated. 8. The conditions, covenants, definitions (including the definition of capitalized terms not defined in this Short Form), limitations, restrictions, and terms governing the encumbrances imposed on the Property, restrictions on use of the Property, and rights granted in and to the Property are set forth in the Agreement. Without limitation, and except as expressly authorized by 51162346.2 1111 FA1740011A UGAN ',Kid 11111 Recepticx#: 933332 03/23/2020 02:42:51 PM Jean Rlbarico 4 of 7 Rao Fee:$43.00 Doc Fee:0.00 GARFIELD COUNTY CO the Agreement, these include Owner's covenant to not grant any third party any rights to evaluate or develop the Property. Also, the Agreement specifies limitations, requirements, and/or restrictions, on: (a) the conveyance and development of mineral rights associated with the Property (including a surface use relinquishment by Owner, as well as a requirement that any mineral interest owners enter a surface use or accommodation agreement with Company); (b) interference with the Project and/or with the rights granted in the Agreement; and/or, (c) "severance" of solar rights associated with the Property or revenue related to the Agreement. 9. Also by the Agreement Owner covenants: (a) to obtain for the benefit of Company a non - disturbance and subordination agreement from each holder of an interest in the Property; (b) to amend the Agreement as Company may request in connection with its financing; and, (c) to execute consents and estoppel certificates as Company may request from time -to -time. 10. The Parties have executed and recorded this Short Form for the purpose of giving record notice of the Agreement, of the exclusive easements, leases, and rights it grants, and of certain restrictions it imposes. All of the conditions, covenants, and terms regarding the Agreement are more particularly set forth in the Agreement, which is incorporated by this reference. In the event of any conflict between the conditions and terms set forth in this Short Form and the conditions and terms set forth in the Agreement, the conditions and terms of the Agreement will control and govern. This Short Form may be executed and/or recorded in counterparts. SIGNATURE PAGES FOLLOW 51162346.2 1111 I r.ralitY :1111'In j 11111 Reception#: 933332 03/2312020 02.42:61 PM Jean Albertoo 5 of 7 Rec Fee:$43.00 Doc Fee:O.00 GRRFIELD COUNTY CO SIGNATURE PAGE TO SHORT FORM OF SOLAR LEASE IN WITNESS WHEREOF, the Parties have executed this SHORT FORM OF SOLAR LEASE as of the date set forth above. STATE OF 'F7(3� 1. CL4 COUNTY OF 57.Z.Uc'c )ss. ReJ, Lk -LID On ub 203.0, before me, the undersigned, a Notary Public in and for said County and State, personally appeared f �,q �N�� 1'6S6(f personally known to me (or proved to me on the basis of satisfactory evidence) be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the within instrument. WITNESS my hand and official seal. Notary Public Commission Expires: 107/�,/a�� CATHRINEA.TREANOR ..� :. FAY COMMISSION # G0 919921 09? EXPIRES: December8, 2023 Bonded Thrc NctaryUndendas 51162346.2 1111111cirlihl4+K [ Illll Ii .Ni tiIi4G41.IW I Nii 111111 Recept lontt : 933332 03/23/2020 02:42:51 PM Jean Plberlco S of 7 Rec Fee:$43.00 Doc Fee:0.00 GPRFIELD COUNTY CO SIGNATURE PAGE TO SHORT FORM OF SOLAR LEASE IN WITNESS WHEREOF, the Parties have executed this SHORT FORM OF SOLAR LEASE as of the date set forth above. Company: -Cr L� By: Name: Title: ACKNOWLEDGEMENT STATE OF Cc,l„rat?„ )ss. COUNTY OF On-y,,,m,., �3 , 202 before me, the undersigned, a Notary Public in and for said County and State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the within instrument. WITNESS my hand and official seal. ce;- Notary Public Commission Expires: /� 1�r�� 2 f 2v z ELI OPPENHEIMER NOTARY PUBLIC - STATE OF COLORADO NOTARY ID 20194011170 MY COMMISSION EXPIRES MAR 21, 2023 1111 I aC TIM 11111 Reception#: 933332 03/23/2020 02:42:51 PM Jean Alberlco 7 of 7 Rec Fee:$43.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A TO SHORT FORM OF SOLAR LEASE DESCRIPTION OF THE LAND THAT CERTAIN REAL PROPERTY LOCATED IN Garfield COUNTY, Colorado, DESCRIBED AS: Parcel Township Range Section Portion of Section Acreage 2409-233-000-98 27 7S 96W NE4 21 Total Acreage 21 Physical Address Not available PARACHUTE 81635 Mailing Address PO BOX 26 WOODY CREEK. CO 81656-0026 51162346.2 Energy 8/21/2020 Mr Patrick Waller, Senior Planner Garfield County Community Development Department 108 8'h Street, Suite 401 Glenwood Springs, CO 81601 RE: Letter of Authorization Dear Mr. Waller: I hereby grant permission to Pivot Energy LLC and its representatives to apply for any Planning or Building permits on behalf of Strait Bottom Ranch LLLP for the property located on Old Hwy 6, Parachute 81635 (Parcel no. 240923300098), and to act on behalf of Strait Bottom Ranch LLLP in all permitting matters related to the proposed solar facility on this property. Acknowledged and signed as of the day first written above: Owner: Strait Bottom Ranch LLLP By: Name: Mary A ne Bosley Title: Manager pivotenergy.net Parcel 240923300083 240923300083 240923300083 240923300098 240923300098 240923300098 240923300098 240927100075 240927300114 ROW ROW Physical Address 6590 6 & 24 HWY PARACHUTE 6590 6 & 24 HWY PARACHUTE 6590 6 & 24 HWY PARACHUTE Not available PARACHUTE Not available PARACHUTE Not available PARACHUTE Not available PARACHUTE 5537 6 & 24 HWY PARACHUTE Not available PARACHUTE Not available null Not available null Owner STRAIT BOTTOM RANCH LLLP STRAIT BOTTOM RANCH LLLP STRAIT BOTTOM RANCH LLLP STRAIT BOTTOM RANCH LLLP STRAIT BOTTOM RANCH LLLP STRAIT BOTTOM RANCH LLLP STRAIT BOTTOM RANCH LLLP BRAY, BRIAN & PORTER, NATHAN BRAY, BRIAN & PORTER, NATHAN Account Num R260173 R260173 R260173 R260298 R260298 R260298 R260298 R260099 R460022 Mailing Address PO BOX 26 WOODY CREEK, CO 81656 PO BOX 26 WOODY CREEK, CO 81656 PO BOX 26 WOODY CREEK, CO 81656 PO BOX 26 WOODY CREEK, CO 81656-0026 PO BOX 26 WOODY CREEK, CO 81656-0026 PO BOX 26 WOODY CREEK, CO 81656-0026 PO BOX 26 WOODY CREEK, CO 81656-0026 875 26 ROAD GRAND JUNCTION, CO 81506 875 26 ROAD GRAND JUNCTION, CO 81506 ►'' Garfield County CERTIFICATION OF MINERAL OWNER RESEARCH This form is to be completed and submitted with any application for a Land Use Change Permit. Mineral interests may be severed from surface right interests in real property. C.R.S. § 24-65.5-101, et seq, requires notification to mineral owners when a landowner applies for an application for development from 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 in accordance with C.R.S. § 24-65.5-101, et seq, "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." This form is proof of applicant's compliance with the Colorado Revised Statutes and the LUDC. The undersigned applicant certifies that mineral owners have been researched for the subject property as required pursuant to C.R.S. § 24-65.5-101, et seq, and Section 4-101 (E)(1)(b)(4) of the Garfield County Land Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies the following (Please initial on the blank line next to the statement that accurately reflects the result of research): _ I own the entire mineral estate relative to the subject property; or X Minerals are owned by the parties listed below The names and addresses of any and all mineral owners identified are provided below (attach additional pages as necessary): Name of Mineral Owner Mailing Address of Mineral Owner see attached sheet see attached sheet acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the LUDC. Applicant's Signature 03 September 2020 Date �I''► t VIAEnergy Major Impact Review: Pivot Solar 1 and Pivot Solar 3 Projects (parcel no. 240923300098) Mineral Owners and Interested Parties Caerus Piceance 1 r f: 600 17thStreet Stiate 1600N DeILCOe-, 81202 IEP Rock- Mountain. LLC 4828 Loop Coal Dr._ Suite 900 Holt IX 77081 WPX Ewes i Rocky Ixs'uaain, LLC . caret Mahaffey Gilbert 2029 N. pth Street G aani I -maim CO 81501 1001 17ffi. Strut State 1200 Deriver, CO 00202 �r Ma Boie1y PO Box 26 Voody Creek CO S 1656 14JJ ill D. • 4 Puerto Coirt Santa Fe, NM 1375.05 Strait BottomRan,rhLLLP li451lia.mF. Cl PO Box 686: 300 H 5 Rifle. C:O81650 PO Bex 26 1.Voody CO S1656 illiamaF. V.Ei1_ Intstee 1532 Willow Drive Clersierme. WY S2D01 Clara Louise Nash. PO Box 830 Canon City. CO S1215 N.P_ Dod Company Attu ALP. Dodge, Jr. S 701 West Dodge Road Omaha_ NE 68114 Laura B_ Nash 1224Harrison A' e Canon City. CO 81215 Cris E. & Irene P. 1kilahaffey PO Bose 235 P'araclarte, CO 81635 Charlotte AnaLawrence Living Rink PO Box 1141 Boise City- OIL 73933 /iFtioie Mahaffey Estate Hazel Time 83 Highway 213 North Cut Bank, -MT 59427 Attu Dolma Jo3reMahaffey PO Box 492263 Redding CA 96049-2263 Will 1,1ahaffey do Amyl L Ivlahailey 1205North Lh versityRoad Spo _ WA 99306 4812 1kflarchanii-VAllis Revocable Manes -al Inert dated Family 23, 2006 Ate He1eaL Marchand 4807 State HiE vay9 Canon City. CO S 1212 Donna Jo}ee ham' PO Box 492263 Redding CA 96049-2263 Linda 1114rillis 1648 Illinois CanonCity: CO 81212 Mahal h+linerals, LLC Arta John W. Frederick 216 30 Road Crand. Jumrtion, 00 81503 First National Bank of de San Jens_ tia First National Bank of fie Rockies, fka First National Bank of Grand Junction Inmtee for Alice Louise Mahaffey Trust 2452 US Highway 6 & 50 Grand Juadion CO 81505 Maureen Mahaffey Frederick 216 30 Road Grand Jurl iion 00 81503 First National Bank of l San hum. tia First National Bank of the Rockies, fka First National Bank of Ctand Jumctioa Irustee CrnlleV. Mahaffey deceased 2452 I2452 US Highway 6 & 50 Grand Jraciion_ CO 81505 pivotenergy.net Q, 11111111111111111111111111111111111111111111111 1I1 1111 E 666245 01/03/2005 07:45A 61652 P256 M ALSDORF 1 of 1 R 6.00 D 0.00 GARFIELD COUNTY CO STATEMENT OF AUTHORITY NAME OF ENTITY: The name of the entity to which this Statement relates is Strait Bottom LLLP. TYPE OF ENTITY: The entity is a Limited Liability Limited Partnership formed under the laws of the State of Colorado. MAILING ADDRESS: The mailing address for the entity is P. O. Box 26, Woody Creek, Colorado 81656. AUTHORIZED PERSON: The name and position of the person authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity are as follows: Name Mary Anne Bosely LIMITATIONS: None. Dated this 30th day of December, 2004. STATE OF COLORADO 7 1 ss COUNTY OF GARFIELD ) Position General Partner Mary Anal Partner The foregoing instrument was subscribed, sworn to and acknowledged before me this 30th day of December, 2004, by Mary Anne Bosely as General Partner of Strait Bottom LLLP. WITNESS my hand and official seal. My Commission expires: October 31, 2007 Notary Public 1 Wu h..drvnruni-nc.�.� AFTER RECORDING RETURN TO: SCIIL•'NK, KEItsT S nEWI\'TER 302 t1TH ST., STE. 310, GLeNwOOD SPR11,7GS, CO 81601 Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION Administrative Review 0 Development in 100-Year Floodplain ]Limited Impact Review 0 Development in 100-Year Floodplain Variance Major Impact Review JJ Code Text Amendment =Amendments to an iaptEroved LUCP [J Rezoning QLIR OMIR I ISUP []Zone District E]PUDEjPUD Amendment Minor Temporary Housing Facility DAdministrative Interpretation rlvacation of a County Road/Public ROW []Appeal of Administrative Interpretation ]Location and Extent Review Areas and Activities of State Interest EJComprehensive Plan Amendmenii UM Accommodation Pursuant to Fair Housing Act =Pipeline Development 111111Variance 1=Iiime Extension (also check type of original application) INVOLVED PARTIES Owner/Applicant Name: Strait Bottom Ranch LLLP c/o Pivot Energy Mailing Address: PO Box 26 City: Woody Creek coulteryoung@gmail.com Phone: (970 ) 710-7704 State: CD Zip Code: 81656 Representative (Authorization Required) Name: Luke Rickard Mailing Address: 1750 15th Street, Suite 400 City: Denver E-mail: lrickard@pivotenergy.net Phone: ( 970 ) 819-2252 State: CO Zip Code: 80202 PROJECT NAME AND LOCATION Project Name: Pivot Solar 1 and Pivot Solar 3 Community Solar Garden Project Assessor's Parcel Number: 2 4 0 9 - 2 3 3- 0 0- 0 9 8 Physical/Street Address: Old Hwy 6, Parachute, CO 81635 Legal Description: Lot 1, NW4NE4, NE4NE4 Section 27, Township 7S, Range 96W Zone District: Rural 142.67 Property Size (acres): PROJECT DESCRIPTION Existing Use: Primarily vacant and undisturbed with some oil/gas/mineral extraction and/or storage and processing already present on parcel Proposed Use (From Use Table 3-403): Solar Energy System, Large Description of Project: An aggregate 3 MWp (2MWp + 1MWp) solar energy facility comprised of polysilicon solar modules, distributed inverter architecture, single -axis tracking mounting system, and associated utility equipment. Facility will use existing permitted access from Old Highway 6. REQUEST FOR WAIVERS Submission Requirements The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: M Section: K Section: N Section: ) Waiver of Standards ❑ The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: 1 have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. Signature of operty Owner or Aut OFFICIAL USE ONLY File Number: - ola-a-pn Date Fee Paid: $ 1CGarfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com LPRE-APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 240923300098 DATE: May 14, 2020 PROJECT: Pivot Energy - Solar Array OWNER: Strait Bottom Ranch LLP REPRESENTATIVE: Pivot Energy— Luke Rickard PRACTICAL LOCATION: West of the Town of Parachute between 1-70 and US Highway 6 & 24 ZONING: Rural TYPE OF APPLICATION: Major Impact Review — Land Use Change Permit I. GENERAL PROJECT DESCRIPTION The Applicant is proposing to develop an approximately two -megawatt solar facility on an approximately 142-acre parcel. The parcel is located west of the Town of Parachute between 1-70 and US Highway 6 & 24. There is existing oil and gas infrastructure on the property. Panels will be single -axis and tracking. The facility will provide electricity to Xcel Energy's grid and is associated with the Community Solar Garden program. The solar facility will be enclosed by a fence, will tie into existing Xcel distribution on the site, and will include associated solar infrastructure such as a switchgear. Single -axis tracking panels are proposed. Construction will be for a short period of time with minimal traffic generation for routine maintenance after the initial constriction period. The site will be accessed off Highway 6 & 24. Because the access is onto a CDOT right-of-way, Staff recommends that the applicant contact CDOT to discuss access to the site. 1 As the project will be visible to drivers, the applicant should address visibility issues and any potential glare impacts from the facility. The applicant noted that there is a named drainage on the property. Flood plain information should be provided, and the applicant should note that they will be required to located any disturbance 35' from the typical and ordinary high water mark. II. REGULATORY PROVISIONS APPLICANT IS REQURED TO ADDRESS • Garfield County Comprehensive Plan 2030 • Garfield County Land Use and Development Code of 2013, as amended • Table 3-403 Use Table — Solar Energy System — Large • Article 15 Definitions • Section 4-105 Major Impact Review • Section 4-101 Common Review Procedures • Table 4-102 Common Review Procedures and Required Notice • Table 4-201 Application Submittal Requirements • Section 4-203 Description of Submittal Requirements • Sections 4-118 and 4-202 Submittal Waivers and Waivers from Standards • Article 7 Standards Division 1 (General Approval Standards) Division 2 (General Resource Protection Standards) and Division 3 (Site Planning and Development Standards) as applicable. • Section 7-1101 Standards for Solar Energy Systems III. SUBMITTAL REQUIREMENTS The submittal requirements are outlined in Table 4-201 Submittal Requirements with complete description in Section 4-203. The following items are highlighted: 1) General Application Materials a) A narrative description of the use including operational details on the type of installation and equipment proposed. This should also include a list of other permits that the solar facility will be required to obtain. b) Evidence of Ownership and Authorization to represent including any lease documentation associated with the proposal. c) Letter of authorization from the property owner authorizing Pivot Energy's representative to submit and act on the application. d) A listing of all property owners (with addresses) within 200 ft. e) A listing of any mineral rights owners on the property (with addresses). Please complete the included Mineral Research form. f) Statement of Authority if an LLC, Corporation, or Trust (Trust Certification Letter) owns the property g) The Application Form - signed by the property owners. h) Copy of this pre -application summary i) A Title Commitment for the property 2) Vicinity Map 3) Site Plan - including utility locations, installations, and easements. 2 4) Grading and drainage plan - adequate to address potential impacts. A Professional Engineer 5) Landscape Plan for any proposed screening. a) Reclamation should also be addressed in the case where the project isn't completed or is discontinued after construction has been initiated. b) Weed management and re -vegetation plan in accordance with Section 4-203(E)(18). 6) Impact Analysis — This should include consultant reports to address requirements. 7) Traffic Study - representing anticipated traffic onsite during construction and during regular operation. 8) Wastewater Plan — Addressing why the applicant does not anticipate needing permanent wastewater infrastructure on site. 9) Water Supply Plan — Addressing why the applicant does not anticipate needing permanent water infrastructure on site. 10) Improvements Agreement — The applicant may request a waiver from this submittal requirement if it is determined that no public improvements are necessary 11) Development Agreement — The applicant may request a waiver from this submittal requirement if the applicant completes the project in one phase. 12) Access permits, easements and access roadway details (demonstrate compliance with Section 7- 107 of the Land Use and Development Code). 13) A narrative response to Article 7 Standards 1, 2, and 3 as well as section 7-1101. 14) As appropriate - information on the type of solar arrays being utilized and related technical information and infrastructure details. 15) The application should include an analysis of possible glare from the panels 16) Information regarding the existing drainage on the property, including any floodplain information, information documenting that debris flow or flooding would not impact the panels, and a demonstration that the solar panels are at least 35' from the typical and ordinary high water mark, if applicable. Application Submittal 3 Hard Copies 1 Digital PDF Copy (on CD or USB stick) Both the paper and the digital copy should be split into individual sections. Please refer to the list included in your pre -application conference summary for the submittal requirements that are appropriate for your application: • General Application Materials • Vicinity Map • Site Plan • Grading and Drainage Plan • Landscape Plan • Impact Analysis • Traffic Study • Water Supply/Distribution Plan • Wastewater Management Plan • Article 7 Standards IV. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: X Planning Commission X Board of County Commissioners _ Board of Adjustment 3 c. Referral Agencies: May include Garfield County Road and Bridge Department, Fire Protection Districts, Garfield County Environmental Health Manager, Garfield County Vegetation Manager, Garfield County Consulting Engineer, Utility Providers, CDOT, Army Corps of Engineers and the Town of Parachute. V. APPLICATION REVIEW FEES a. Planning Review Fees: b. Referral Agency Fees: c. Total Deposit: $ 525 $ TBD — consulting engineer/civil engineer fees $ 525 (additional hours are billed at $40.50 /hour) 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. 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: AT3 ,11, May 14, 2020 Patrick Waller Date Senior Planner 4 C. Section 4-105 Major Impact Approximately 5 months if submittal is ornplete Garfield County Major Impact Review Process (5ertnn 4-I0S) r Step 1: Pre-applitafion Conference * Applicant has 5month% W submltervIlsatlots Step 2; Application Submittal Step 3: Completeness Review * TObug ness days to review alFincornplete, 51Eldays to remedy deficiencies Step 4: Sc hed ule heating and Provide hic the ▪ Publlshod, posted, and mailed to adjacent properly owners within 200 Feet and mineral owners, at least 30da ys but no more than 6Q days pr iar to PFanring Commission public hearing Step 5: HeferraG * 21 day comment period Step 6: Evolution by director Step 7: Planning Commission litevtew and Recommendation Step & SChedUIe Hearing and Provide Notice *Publlstied, posted, and mailed to adl acen t property wrier within 200 feet and mineral owners, at least 30 days but no more than fid days prior to aoccpublk hewing Step 9; OOCC Brno kin * Applicant his 1 year to meet any conditions of approval 5 MEMORANDUM TO: Staff FROM: County Attomey's Office DATE: .tune 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 —NOT 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- II? 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 longer 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. 6 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 the 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 the 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 owner(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. 7 LAND TITLE GUARANTEE COMPANY Land Title' -GUARANTEE axAFrir;r ,Siren eydy— Date: February 11, 2020 Subject: Attached Title Policy/Guarantee Enclosed please find your product insuring the property located at PARACHUTE, CO 81635, PARACHUTE, CO 81635. If you have any inquiries or require further assistance, please contact Melissa Schroder at (303) 270-0438 or mschroder@ltgc.com Chain of Title Documents: Garfield county recorded 07/01/2005 under reception no. 677426 Garfield county recorded 07/01/2005 under reception no. 677422 Property Information Binder CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this Binder mean: (a) "Land": The land described, specifically or by reference, in this Binder and improvements affixed thereto which by law constitute real property; (b) "Public Records"; those records which impart constructive notice of matters relating to said land; (c) "Date": the effective date; (d) "the Assured": the party or parties named as the Assured in this Binder, or in a supplemental writing executed by the Company; (e) "the Company" means Old Republic National Title Insurance Company, a Minnesota stock company. 2. Exclusions from Coverage of this Binder The company assumes no liability including cost of defense by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. (b) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (c) Title to any property beyond the lines of the Land, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) Mechanic's lien(s), judgment(s) or other lien(s). (e) Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered or agreed to by the Assured;(b) not known to the Company, not recorded in the Public Records as of the Date, but known to the Assured as ofthe Date; or (c) attaching or creating subsequent to the Date. 3. Prosecution of Actions 1. The Company shall have the right at its own costs to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein assured; and the Company may take any appropriate action under the terms of this Binder, whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. 2. In all cases where the Company does not institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. Notice of Loss - Limitation of Action A statement in writing of any loss or damage for which it is claimed the Company is liable under this Binder shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Binder until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Binder unless action shall be commenced thereon with two years after expiration of the thirty day period. Failure to furnish the statement of loss or damage or to commence the action within the time herinbefore specified, shall be conclusive bar against maintenance by the Assured of any action under this Binder. 5. Option to Pay, Settle or Compromise Claims The Company shall have the option to pay, settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Binder, or to pay the full amount of this Binder. Such payment or tender of payment of the full amount of the Binder shall terminate all liability of the Company hereunder. 6. Limitation of Liability - Payment of Loss (a) The liability of the Company under this Binder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall the liability exceed the amount of the liability stated on the face page hereof. (b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorneys' fees in litigation carried on by the Assured with the written authorization of the Company. (c) No claim for loss or damages shall arise or be maintainable under this Binder (1) if the Company after having received notice of any alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company. (d) All payments under this Binder, except for attorney's fees as provided for in paragraph 6(b) thereof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Binder or an acceptable copy thereof for endorsement of the payment unless the Binder be lost or destroyed, in which case proof of the loss or destruction shall be furnished to the satisfaction of the Company. (e) When liability has been definitely fixed in accordance with the conditions of this Binder, the loss or damage shall be payable within thirty days thereafter. 7. Subrogation Upon Payment or Settlement Whenever the Company shall have settled a claim under this Binder, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Binder not been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogated to the rights and remedies in the proportion which the payment bears to the amount of said loss. The Assured, if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect the right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving the rights or remedies. 8. Binder Entire Contract Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Binder. No provision or condition of this Binder can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 9. Notices. Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371- 1111. 10. Arbitration Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. ANTI -FRAUD STATEMENT: Pursuant to CRS 10-1-128(6)(a), it is unlawful to knowingly provide false, incomplete or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. This anti -fraud statement is affixed and made a part of this policy. Copyright 2006-2020 American Land Title Association. All rights reserved. The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 (303)321-1880 Senior Vice President ,y,lAP+x} it 12, * GA, # Z v 4, Q70 .0y d t. OLD REPUBUC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South, Minneapolis, Minnesota 55401 (612)371-1111 President Secretary AM1 RICAN LAND TITLE ASSOCIATION 1"" Old Republic National Title Insurance Company PROPERTY INFORMATION BINDER Order Number: ABS63014590 Policy No.: PIB63014590.1879777 Liability: $50,000.00 Fee: $850.00 Subject to the exclusions from coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Binder, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY a Corporation, herein called the Company, GUARANTEES PIVOT ENERGY Herein called the Assured, against loss, not exceeding the liability amount stated above, which the assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records as of January 08, 2020 at 5:00 P.M. 1. Title to said estate or interest at the date hereof is vested in: STRAIT BOTTOM RANCH LLLP, A COLORADO LIMITED LIABILITY LIMITED PARTNERSHIP 2. The estate or interest in the land hereinafter described or referred to covered by this Binder : A Fee Simple 3. The Land referred to in this Binder is described as follows: NOTE: THE FOLLOWING LEGAL DESCRIPTION IS PRELIMINARY AND LAND TITLE GUARANTEE COMPANY WOULD NEED A METES AND BOUNDS BOUNDARY SURVEY IN ORDER TO DETERMINE THE EXACT LEGAL DESCRIPTION THAT PART OF THE SE1/4NW1/4 AND W1/2SW1/4 OF SECTION 23, TOWNSHIP 7 SOUTH RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN LYING SOUTHEASTERLY OF THE DENVER AND RIO GRANDE RAILROAD RIGHT OF WAY AND NORTHERLY OF THE SOUTH BANK OF THE COLORADO RIVER THAT PART OF THE SE1/4SE1/4 OF SECTION 22, TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN LYING SOUTHEASTERLY OF THE DENVER AND RIO GRANDE RAILROAD RIGHT OF WAY THAT PART OF LOT 1, NE1/4NE1/4 AND W1/2NE1/4 LYING SOUTHEASTERLY OF THE DENVER AND RIO GRANDE RAILROAD RIGHT OF WAY THE ABOVE BEING A PORTION OF THE FOLLOWING: Old Republic National Title Insurance Company PROPERTY INFORMATION BINDER Order Number: ABS63014590 Policy No.: PIB63014590.1879777 PARCEL A: THE FOLLOWING PROPERTIES LOCATED IN TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE 6TH PRINCIPAL MERIDIAN SECTION 14: SW1/4SE1/4 SECTION 22: S1/2SE1/4 SECTION 23: LOT 2, E1/2NW1/4, SW1/4NW1/4, W1/2SW1/4 SECTION 27: LOT 1, N1/2NE1/4, SW1/4NE1/4 EXCEPTING THEREFROM: A TRACT OF LAND SITUATED IN THE W1/2NE1/4, LOT 1 AND 2, SECTION 27, TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEGINNING AT A POINT WHENCE THE NORTH 1/4 CORNER OF SAID SECTION 27 BEARS N. 2 DEGREES 48' WEST 285 FEET; THENCE S. 1 DEGREES 15' EAST 3676 FEET; THENCE N. 89 DEGREES 16' EAST 157 FEET; THENCE N. 32 DEGREES 35' E. 400 FEET; THENCE N. 38 DEGREES 07' E. 1143 FEET; THENCE N. 44 DEGREES 28' E. 476 FEET; THENCE N. 33 DEGREES 04' E. 76 FEET; THENCE N. 55 DEGREES 19' E. 455 FEET; THENCE N. 49 DEGREES 37' W. 176 FEET; THENCE N. 74 DEGREES 13' W. 121 FEET; THENCE N. 29 DEGREES 09' W. 228 FEET; THENCE N. 47 DEGREES 47' W. 378 FEET; THENCE N. 51 DEGREES 44' W. 545 FEET; THENCE N. 63 DEGREES 54' W. 289 FEET; THENCE N. 23 DEGREES 35' W. 290 FEET; THENCE N. 87 DEGREES 46' W. 178 FEET; THENCE N. 22 DEGREES 58' W. 285 FEET; THENCE N. 59 DEGREES 35' W. 248 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM: RIGHTS OF WAY FOR COLORADO STATE HIGHWAY NO. 6 & 24, INTERSTATE HIGHWAY 70, AND THE DENVER AND RIO GRANDE WESTERN RAILROAD, INCLUDING, BUT NOT LIMITED TO THE LANDS AS SET FORTH AND AS DESCRIBED IN THE FOLLOWING INSTRUMENTS: MAP OF THE RIO GRANDE JUNCTION RY. ON FILE IN THE GARFIELD COUNTY CLERK AND RECORDERS OFFICE; QUIT -CLAIM DEED RECORDED JUNE 8, 1984 IN BOOK 651 AT PAGE 181; DEED RECORDED MAY 3, 1982 IN BOOK 598 AT PAGE 508; DEED RECORDED OCTOBER 16, 1954 IN BOOK 280 AT PAGE 348; AND DEED RECORDED JULY 1, 1937 IN BOOK 186 AT PAGE 561. COUNTY OF GARFIELD STATE OF COLORADO PARCEL B: THE FOLLOWING PROPERTIES LOCATED IN TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN SECTION 22: LOTS 6, 7, 8, 10, 11 AND N1/2SE1/4 SECTION 27: N1/2NW1/4 EXCEPT THAT PORTION OF SECTION 22 ACQUIRED BY THE STATE DEPARTMENT OF HIGHWAYS BY RULE AND ORDER RECORDED MARCH 17, 1986 IN BOOK 685 AT PAGE 121. COUNTY OF GARFIELD STATE OF COLORADO PARCEL C: A PARCEL OF LAND SITUATED IN LOTS 3 AND 6, AND THE E1/2SW1/4 OF SECTION 23, AND LOTS 2 AND 3 OF SECTION 26, TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Old Republic National Title Insurance Company PROPERTY INFORMATION BINDER Order Number: ABS63014590 Policy No.: PIB63014590.1879777 COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 23, A G.L.O. BRASS CAP IN PLACE, THE TRUE POINT OF BEGINNING; THENCE S. 86 DEGREES 45'50" E. ALONG THE SOUTHERLY LINE OF SAID SECTION 23 1400.34 FEET TO THE SOUTHWEST CORNER OF THE E1/2SW1/4 OF SAID SECTION 23, A REBAR AND CAP IN PLACE, L.S. #15651; THENCE N. 00 DEGREES 50'34" E. ALONG THE WESTERLY LINE OF SAID E1/2SW1/4 2573.15 FEET TO THE NORTHWEST CORNER OF SAID E1/2SW1/4, A B.L.M. ALUMINUM CAP IN PLACE; THENCE S. 88 DEGREES 13'00" E. ALONG THE NORTHERLY LINE OF SAID E1/2SW/4 OF SECTION 23 1366.17 FEET TO THE CENTER OF SAID SECTION 23, A B.L.M. ALUMINUM CAP IN PLACE; THENCE N. 00 DEGREES 06'00" E. ALONG THE WESTERLY LINE OF SAID LOT 3 OF SAID SECTION 23 667.83 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY OF THE COLORADO DEPARTMENT OF HIGHWAYS; THENCE N. 34 DEGREES 56'00" E. ALONG SAID RIGHT OF WAY 330.17 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY N. 61 DEGREES 49'03 E. 112.23 FEET TO A POINT ON THE SOUTHERLY LINE OF A PARCEL OF LAND DESCRIBED IN RECEPTION NO. 328642 OF THE GARFIELD COUNTY RECORDS; THENCE S. 55 DEGREES 04'00" E. 277.45 FEET TO THE SOUTHEAST CORNER OF SAID RECEPTION NO. 328642; THENCE N. 38 DEGREES 20'00" E. ALONG THE EASTERLY LINE OF SAID RECEPTION NO. 328642 657.97 FEET, ALSO BEING A POINT ON THE NORTHERLY LINE OF SAID LOT 3; THENCE S. 86 DEGREES 52'50" E. ALONG SAID NORTHERLY LINE 87.27 FEET TO A POINT OF THE WESTERLY MEANDER LINE OF THE COLORADO RIVER AS ESTABLISHED BY EXISTING MEANDER CORNERS FOUND IN PLACE AND THE 1889 G.L.O. PLAT OF TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN; THENCE CONTINUING ALONG SAID MEANDER LINE THE FOLLOWING FIVE COURSES: 1.) S. 31 DEGREES 04'06" W. 447.51 FEET; 2.) S. 12 DEGREES 25'06" W. 3655.26 FEET TO THE SQUARE QUARTER CORNER OF SAID SECTION 23, ALSO BEING A MEANDER CORNER, A B.L.M. ALUMINUM CAP IN PLACE; 3.) S. 20 DEGREES 18'39" W. 641.99 FEET; 4.) N. 69 DEGREES 41'21" W. 1091.38 FEET; 5.) S. 69 DEGREES 39'39" W. 1660.83 FEET TO A MEANDER CORNER ON THE WESTERLY LINE OF SAID SECTION 26, A B.L.M. ALUMINUM CAP; THENCE N. 00 DEGREES 26'15" E. ALONG SAID WESTERLY LINE 958.27 FEET TO THE TRUE POINT OF BEGINNING: PARCEL D: A PARCEL OF LAND SITUATED IN SECTION 23 AND SECTION 26, TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING SITUATED SOUTHEASTERLY AND ADJACENT TO THE SOUTHEASTERLY RIGHT OF WAY OF THE DENVER AND RIO GRANDE RAILROAD RIGHT OF WAY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 23, A B.L.M. ALUMINUM CAP STANDARD MONUMENT IN PLACE, SAID QUARTER CORNER ALSO BEING A MEANDER CORNER ALONG THE WESTERLY MEANDER LINE OF THE COLORADO RIVER AS ESTABLISHED BY EXISTING MEANDER CORNERS FOUND IN PLACE AND THE 1889 G.L.O. PLAT OF TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN; THEN S. 20 DEGREES 18' 39" W. ALONG SAID MEANDER LINE 456.42 FEET TO THE TRUE POINT OF BEGINNING; THEN CONTINUING ALONG SAID MEANDER LINE THE FOLLOWING THREE (3) COURSES: 1.)S. 20 DEGREES 18' 39" W. 185.57 FEET; 2.)N. 69 DEGREES 41' 21" W. 1091.38 FEET; 3.)S. 69 DEGREES 39' 39" W. 1553.89 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT OF WAY OF THE DENVER AND RIO GRANDE RAILROAD RIGHT OF WAY; Old Republic National Title Insurance Company PROPERTY INFORMATION BINDER Order Number: ABS63014590 Policy No.: PIB63014590.1879777 THEN N. 39 DEGREES 17' 37" E. ALONG SAID RIGHT OF WAY 5477.19 FEET TO A POINT ON SAID WESTERLY MEANDER LINE; THEN S. 12 DEGREES 25' 06" W. ALONG SAID MEANDER LINE 866.39 FEET TO THE CENTERLINE OF THE COLORADO RIVER; THEN THE FOLLOWING SIX (6) COURSES ALONG SAID RIVER: 1) S. 18 DEGREES 32' 48" E. 1157.33 FEET; 2) S. 00 DEGREES 53' 55" E. 227.00 FEET; 3) S. 26 DEGREES 03' 12" W. 863.17 FEET; 4) S. 00 DEGREES 17' 34" E. 705.07 FEET; 5) S. 46 DEGREES 14' 52" W. 258.31 FEET; 6) S. 87 DEGREES 28' 52" W. 548.32 FEET TO THE TRUE POINT OF BEGINNING. COUNTY OF GARFIELD, STATE OF COLORADO BEARINGS REFERENCED HEREON ARE RELATIVE TO A BEARING OF N. 00 DEGREES 06' 00" E. BETWEEN THE CENTER OF SECTION 23, A B.L.M. ALUMINUM CAP STANDARD MONUMENT, AND THE NORTH QUARTER CORNER OF SECTION 23, A G.L.O. BRASS CAP STANDARD MONUMENT. 4. The following documents affect the land: 1. EXISTING LEASES AND TENANCIES, IF ANY. 2. ANY QUESTION, DISPUTE OR ADVERSE CLAIMS AS TO ANY LOSS OR GAIN OF LAND AS A RESULT OF ANY CHANGE IN THE RIVER BED LOCATION BY NATURAL OR OTHER THAN NATURAL CAUSES, OR ALTERATION THROUGH ANY CAUSE, NATURAL OR UNNATURAL, OF THE CENTER THREAD, BANK, CHANNEL OR FLOW OF WATERS IN THE COLORADO RIVER LYING WITHIN SUBJECT LAND; AND ANY QUESTION AS TO THE LOCATION OF SUCH CENTER THREAD, BED, BANK OR CHANNEL AS A LEGAL DESCRIPTION MONUMENT OR MARKER FOR PURPOSES OF DESCRIBING OR LOCATING SUBJECT LANDS. 3. ANY INCREASE OR DECREASE IN THE AREA OF THE LAND AND ANY ADVERSE CLAIM TO ANY PORTION OF THE LAND WHICH HAS BEEN CREATED BY OR CAUSED BY ACCRETION OR RELICTION, WHETHER NATURAL OR ARTIFICIAL; AND THE EFFECT OF THE GAIN OR LOSS OF AREA BY ACCRETION OR RELICTION UPON THE MARKETABILITY OF THE TITLE OF THE LAND. 4. ANY RIGHTS OR INTERESTS OF THIRD PARTIES WHICH EXIST OR ARE CLAIMED TO EXIST IN AND OVER THE PRESENT AND PAST BED, BANKS OR WATERS OF COLORADO RIVER. 5. RIGHT OF WAY FOR 1-70, HIGHWAY 6 AND HIGHWAY 24. 6. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JANUARY 23, 1894, IN BOOK 12 AT PAGE 270 AND RECORDED JANUARY 24, 1894 IN BOOK 12 AT PAGE 274 7. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JANUARY 23, 1894, IN BOOK 12 AT PAGE 270 AND RECORDED JANUARY 24, 1894 IN BOOK 12 AT PAGE 274 8. UNDIVIDED ONE THIRD OF ALL OIL, GAS, HYDROCARBONS AND OTHER MINERALS IN, UNDER OR ISSUING OUT OF OR FROM SUBJECT PROPERTY, WITH RIGHT TO EXTRACT AND REMOVE THE SAME AS RESERVED BY JACOB ESHE IN QUIT -CLAIM DEED RECORDED SEPTEMBER 3, 1929 IN BOOK 155 AT PAGE 373, ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. Old Republic National Title Insurance Company PROPERTY INFORMATION BINDER Order Number: ABS63014590 Policy No.: PIB63014590.1879777 9. ALL OIL, GAS AND OTHER MINERALS IN AND UNDER SUBJECT PROPERTY, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS FOR THE PURPOSE OF EXPLORING FOR, PRODUCING OR OTHERWISE REMOVING THE SAME, AS RESERVED BY GARRIS E. MAHAFFEY, ETAL., IN WARRANTY DEED RECORDED AUGUST 16, 1965 IN BOOK 368 AT PAGE 569, ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 10. ROAD RIGHT OF WAY AS GRANTED TO THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY IN INSTRUMENT RECORDED MARCH 30, 1964 IN BOOK 357 AT PAGE 30. 11. RIGHT OF WAY AS GRANTED TO THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY IN INSTRUMENT RECORDED JULY 14, 1937 IN BOOK 186 AT PAGE 593. 12. TERMS, CONDITIONS, PROVISIONS AND EFFECTS OF DEEDS OF ACCESS RIGHTS AS GRANTED TO THE STATE HIGHWAY COMMISSION OF COLORADO RECORDED OCTOBER 16, 1954 IN BOOK 280 AT PAGE 315 AND RECORDED MAY 8, 1957 IN BOOK 300 AT PAGE 376. 13. OIL AND GAS LEASE BETWEEN PARACHUTE LAND COMPANY, LTD. A COLORADO LIMITED PARTNERSHIP AND BARRETT RESOURCES CORPORATION RECORDED SEPTEMBER 26, 1991 IN BOOK 814 AT PAGE 256 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. 14. OIL AND GAS LEASE BETWEEN PARACHUTE LAND COMPANY, LTD., A COLORADO LIMITED PARTNERSHIP AND BARRETT RESOURCES CORPORATION RECORDED SEPTEMBER 26, 1991 IN BOOK 814 AT PAGE 259 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. 15. PERMANENT EASEMENT AS GRANTED TO THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO, IN INSTRUMENT RECORDED MAY 3, 1982 IN BOOK 598 AT PAGE 520. 16. EASEMENTS AND RIGHTS OF WAY AS GRANTED IN INSTRUMENT RECORDED MARCH 30, 1964 IN BOOK 357 AT PAGE 30 AND IN INSTRUMENT RECORDED APRIL 26, 1967 IN BOOK 383 AT PAGE 595. 17. OIL AND GAS LEASE BETWEEN THE FIRST NATIONAL BANK IN GRAND JUNCTION,A NATIONAL BANKING ASSIGNMENT, TRUSTEE, AND NORTHWEST EXPLORATION COMPANY RECORDED SEPTEMBER 15, 1982 IN BOOK 608 AT PAGE 297 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. 18. LACK OF A RIGHT OF ACCESS TO ANY OF THE SUBJECT PROPERTY LYING SOUTH OF THE DENVER AND RIO GRANDE WESTERN RAILROAD PROPERTY. 19. OIL AND GAS LEASE RECORDED NOVEMBER 20, 1997 UNDER RECEPTION NO. 516757 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. 20. MINERAL RIGHTS AS CONVEYED BY THE DEED RECORDED SEPTEMBER 15, 1998 UNDER RECEPTION NO. 532234. 21. MINERAL RIGHTS AS CONVEYED BY THE DEED RECORDED AUGUST 31, 2000 UNDER RECEPTION NO. 568657. 22. MINERAL RIGHTS AS CONVEYED BY THE DEED RECORDED JANUARY 3, 2002 UNDER RECEPTION NO. 595007. 23. MINERAL RIGHTS AS CONVEYED BY THE DEED RECORDED JANUARY 3, 2002 UNDER RECEPTION NO. 595009. 24. MINERAL RIGHTS AS CONVEYED BY THE DEED RECORDED SEPTEMBER 19, 2002 UNDER RECEPTION NO. 610936. 25. MINERAL RIGHTS AS CONVEYED BY THE DEEDS RECORDED NOVEMBER 21, 2003 UNDER RECEPTION Old Republic National Title Insurance Company PROPERTY INFORMATION BINDER Order Number: ABS63014590 Policy No.: PIB63014590.1879777 26. MfNER7XCRIGHT 14 1 A�164 THE41#4RECO 1 5 EPT�R30, 2004 UNDER RECEPTION NO. 660805. 27. MINERAL RIGHTS AS CONVEYED BY THE DEED RECORDED JUNE 6, 2005 UNDER RECEPTION NO. 675692. 28. MINERAL RIGHTS AS CONVEYED BY THE DEED RECORDED JULY 1, 2005 UNDER RECEPTION NO. 677422. 29. RESERVATION OF MINERAL RIGHTS AS CONTAINED IN DEED RECORDED JULY 01, 2005 UNDER RECEPTION NO. 677423. 30. MINERAL RIGHTS AS CONVEYED BY THE INSTRUMENT RECORDED JULY 1, 2005 UNDER RECEPTION NO. 677424 AND AS AMENDED IN INSTRUMENT RECORDED JULY 27 2005 UNDER RECEPTION NO. 679003. 31. OIL AND GAS LEASE RECORDED AUGUST 25, 2005 UNDER RECEPTION NO. 680846 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. 32. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF MASTER SURFACE USE AGREEMENT RECORDED AUGUST 25, 2005 AT RECEPTION NO. 680849. 33. THE EFFECT OF AFFIDAVIT OF PRODUCTION, RECORDED DECEMBER 20, 2005, UNDER RECEPTION NO. 688746. 34. MINERAL RIGHTS AS CONVEYED BY THE DEED RECORDED MARCH 17, 2006 UNDER RECEPTION NO. 694216. 35. MINERAL RIGHTS AS CONVEYED BY THE DEED RECORDED APRIL 19, 2006 UNDER RECEPTION NO. 696337 AND JUNE 12, 2006 UNDER RECEPTION NO. 699711. 36. THE EFFECT OF AFFIDAVIT OF PRODUCTION, RECORDED APRIL 24, 2006, UNDER RECEPTION NO. 696503. 37. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED APRIL 27, 2006 AT RECEPTION NO. 696726. 38. OIL AND GAS LEASE RECORDED MAY 12, 2006 UNDER RECEPTION NO. 697808 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. 39. MINERAL RIGHTS AS CONVEYED BY THE DEED RECORDED JUNE 26, 2006 UNDER RECEPTION NO. 700764. 40. THE EFFECT OF AFFIDAVIT OF PRODUCTION, RECORDED AUGUST 01, 2006, UNDER RECEPTION NO. 703442. 41. THE EFFECT OF CORRECTION OF AFFIDAVIT OF PRODUCTION, RECORDED OCTOBER 02, 2006, UNDER RECEPTION NO. 708213. 42. MINERAL RIGHTS AS CONVEYED BY THE DEED RECORDED OCTOBER 5, 2006 UNDER RECEPTION NO. 708434. 43. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED OCTOBER 18, 2006 AT RECEPTION NO. 709132. 44. THE EFFECT OF AFFIDAVIT OF PRODUCTION, RECORDED NOVEMBER 13, 2006, UNDER RECEPTION NO. 710963. 45. THE EFFECT OF AFFIDAVIT OF PRODUCTION, RECORDED FEBRUARY 23, 2007, UNDER RECEPTION NO. 717854. Old Republic National Title Insurance Company PROPERTY INFORMATION BINDER Order Number: ABS63014590 Policy No.: PIB63014590.1879777 46. MINERAL RIGHTS AS CONVEYED BY THE DEED RECORDED MARCH 5, 2007 UNDER RECEPTION NO. 718362. 47. MINERAL RIGHTS AS CONVEYED BY THE DEED RECORDED MARCH 9, 2007 UNDER RECEPTION NO. 718668. 48. MINERAL RIGHTS AS CONVEYED BY THE DEED RECORDED MARCH 27, 2007 UNDER RECEPTION NO. 719691. 49. THE EFFECT OF AFFIDAVIT OF PRODUCTION, RECORDED APRIL 02, 2007, UNDER RECEPTION NO. 720197. 50. THE EFFECT OF AFFIDAVIT OF PRODUCTION, RECORDED APRIL 09, 2007, UNDER RECEPTION NO. 720711. 51. THE EFFECT OF AFFIDAVIT OF PRODUCTION, RECORDED APRIL 25, 2007, UNDER RECEPTION NO. 721893. 52. THE EFFECT OF AFFIDAVIT OF PRODUCTION, RECORDED JULY 18, 2007, UNDER RECEPTION NO. 728276. 53. THE EFFECT OF AFFIDAVIT OF PRODUCTION, RECORDED SEPTEMBER 02, 2008, UNDER RECEPTION NO. 754964. 54. MINERAL RIGHTS AS CONVEYED BY THE DEED RECORDED DECEMBER 22, 2008 UNDER RECEPTION NO. 760418 AND RE -RECORDED MARCH 4, 2009 UNDER RECEPTION NO. 764163. 55. THE EFFECT OF AFFIDAVITS OF PRODUCTION, RECORDED NOVEMBER 23, 2009, UNDER RECEPTION NO. 778115 AND 778118. 56. TERMS, CONDITIONS AND PROVISIONS OF AMENDMENT OF SURFACE USE AGREEMENT RECORDED NOVEMBER 15, 2013 AT RECEPTION NO. 842879. 57. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN GRANT OF EASEMENT RECORDED AUGUST 20, 2013 UNDER RECEPTION NO. 841313 AND AMENDMENT RECORDED DECEMBER 8, 2015 AT RECEPTION NO. 871218. 58. TERMS, CONDITIONS AND PROVISIONS OF SUBSURFACE AGREEMENT RECORDED FEBRUARY 27, 2015 AT RECEPTION NO. 859667. 59. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN ROAD CONSTRUCTION AND ACCESS EASEMENT RECORDED DECEMBER 19, 2015 UNDER RECEPTION NO. 871215. 60. TERMS, CONDITIONS AND PROVISIONS OF ROAD ACCESS AGREEMENT RECORDED DECEMBER 09, 2015 AT RECEPTION NO. 871216. 61. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN ROAD CONSTRUCTION AND ACCESS AGREEMENT RECORDED DECEMBER 09, 2015 UNDER RECEPTION NO. 871215. 62. DEED OF TRUST DATED OCTOBER 20, 2006, FROM STRAIGHT BOTTOM RANCH, LLLP, A COLORADO LIMITED LIABILITY LIMITED PARTNERSHIP TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY, COLORADO FOR THE USE OF FIRST STATE BANK TO SECURE THE SUM OF $2,200,000.00 RECORDED NOVEMBER 01, 2006, UNDER RECEPTION NO. 710152. NOTE: ADDITIONAL UPDATES TO THE EFFECTIVE DATE OF THE BINDER MAY BE REQUESTED BY THE PROPOSED INSURED. ONE UPDATE IS INCLUDED WITH THIS BINDER AT NO ADDITIONAL COST. ANY ADDITIONAL UPDATES WILL BE ISSUED AT THE COST OF $125 PER UPDATE. FOR EACH UPDATE Old Republic National Title Insurance Company PROPERTY INFORMATION BINDER Order Number: ABS63014590 Policy No.: PIB63014590.1879777 PROVIDED, A REVISED BINDER WILL BE ISSUED SHOWING A NEW EFFECTIVE DATE AND ANY MATTERS RECORDED SINCE THE EFFECTIVE DATE OF THE PREVIOUS BINDER. NOTE: THIS BINDER DOES NOT REFLECT THE STATUS OF TITLE TO WATER RIGHTS OR REPRESENTATION OF SAID RIGHTS, RECORDED OR NOT. NOTE: THIS BINDER IS NOT A REPORT OR REPRESENTATION AS TO MINERAL INTERESTS, AND SHOULD NOT BE USED, OR RELIED UPON, IN CONNECTION WITH THE NOTICE REQUIREMENTS THAT ARE SET FORTH IN CRS 24-65.5-103. irg Land Title GUARANTEE COMPANY W W W.1TGC.COM PIVOT ENERGY PIVOT ENERGY 1750 15TH ST SUITE 400 None DENVER, CO 80202 INVOICE Land Title Guarantee Company 5975 Greenwood Plaza Blvd Suite 125 Greenwood Village, CO 80111 970-945-2610 Invoice Number: 63014590 Order Number: Property Address: Parties: Your Reference Number: Our Order Number: Our Customer Number: Invoice Requested by: Invoice (Process) Date: Transaction Invoiced By: Email Address: Reference 63014590 81785 PIVOT ENERGY February 11, 2020 Tom Schuneman tchuneman@Itgc.com Date: February 11, 2020 63014590 PARACHUTE, CO 81635 PARACHUTE 81635 Strait Bottom Ranch LIIp, A Colorado Limited Liability Limited Partnership Invoice Charges Previous Amount Due: Property Information Binder Total Invoice Amount: Current Balance Due: $0.00 $850.00 $850.00k $850.00 Due and Payable upon receipt Please make check payable to Land Title Guarantee Company and send to the address at the top of Page 1. Please reference Invoice Number 63014590 on your Payment Page 1 invoice.odt 14420 07/2015 07/30/13 11:06:43 AM Pivot Energy Major Impact Review- Land Use Change Permit Solar Energy System - Large Pivot Solar 1 and Pivot Solar 3 Projects Tax Parcel No. 240923300098 Section 2: Vicinity Map pivotenergy.net ENERTIA • • • CONSULTING GROUP 1529 MARKET STREET SUITE 200 DENVER, CO 80202 (720) 473-3131 0' 2500 5000 10000 SCALE: 1"=5000' VICINITY MAP PIVOT SOLAR 1 & 3 SITE k) GARFIELD COUNTY, CO Pivot Energy • SCALE: 1" =5000' BY: NMS Pivot Energy Major Impact Review- Land Use Change Permit Solar Energy System - Large Pivot Solar 1 and Pivot Solar 3 Projects Tax Parcel No. 240923300098 Section 3: Site Plan Drawings pivotenergy.net LEGAL DESCRIPTION SITUATED IN THE NE1/4 OF SECTION 27, TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE 6TH P.M COUNTY OF GARFIELD, STATE OF COLORADO COUNTY PARCEL NO. 240923300098 LAND USE CHANGE PERMIT PIVOT SOLAR 1 & 3 A PORTION OF THE STRAIT BOTTOM RANCH LOT 1, NW4 OF THE NE4, NO OF THE NE4 , SECTION 27, TOWNSHIP 7S SOUTH, RANGE 96 WEST OF THE 6TH P.M COUNTY OF GARFIELD, STATE OF COLORADO COUNTY PARCEL NO. 240923300098 PROPERTY OWNER'S CERTIFICATION THE UNDERSIGNED PROPERTY OWNER(S) DO(ES) HEREBY AGREE TO THE SITE SPECIFIC DEVELOPMENT PLAN AND LAND USE CHANGE STANDARDS AS DESCRIBED HEREON THIS DAY OF , 2020, SIGNATURE - NAME OF PROPERTY OWNER PLANNING COMMISSION CERTIFICATION THIS IS TO CERTIFY THAT THE COUNTY COUNTY PLANNING COMMISSION HAS CERTIFIED AND DOES HEREBY RECOMMEND TO THE BOARD OF COUNTY COMMISSIONERS, GARFIELD COUNTY, COLORADO, FOR ITS CONFIRMATION, APPROVAL AND ADOPTION THIS SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW AS SHOWN AND DESCRIBED HEREON THIS DAY OF , 2020, CHAIR, GARFIELD COUNTY PLANNING COMMISSION BOARD OF COUNTY COMMISSIONERS CERTIFICATION THIS IS TO CERTIFY THAT THE BOARD OF COUNTY COMMISSIONERS, GARFIELD COUNTY, COLORADO DOES HEREBY CONFIRM AND ADOPT THIS SITE SPECIFIC DEVELOPMENT PLAN AND LAND USE CHANGE AND THE DEVELOPMENT STANDARDS AS SHOWN AND DESCRIBED HEREON THIS DAY OF , 2020, CHAIR, BOARD OF COUNTY COMMISSIONERS ATTEST: GARFIELD COUNTY CLERK TO THE BOARD BY: DATED: DEPUTY CLERK TO THE BOARD SUPPLEMENTAL NARRATIVES DRAINAGE, UTILITY, AND TRAFFIC STUDIES HAVE BEEN PREPARED FOR THIS PROJECT. THESE DOCUMENTS ARE INCLUDED FOR SUBMISSION TO GARFIELD COUNTY AND SHALL BE INCORPORATED HEREIN BY THIS REFERENCE. SITE DATA SOUTH SOLAR GARDEN (PIVOT SOLAR 3) PARCEL #: 240923300098 ZONE DISTRICT: RURAL PROPERTY ADDRESS: STRAIGHT BOTTOM RANCH, PARACHUTE, CO 81635 PROPERTY AREA: 142.67 ACRES SOLAR GARDEN AREA: 10.46 ACRES SYSTEM SIZE: TOTAL MODULES: 2.0 MW DC; 1.5 MW AC 4986 - TIER 1 400W MODULE OR SIMILAR EQUIPMENT INVERTER RACK: 25 - TIER 1 60 KW INVERTERS OR SIMILAR EQUIPMENT MOUNTING SYSTEM: 2 - ATI DURATRACK HZ V3.0 SINGLE AXIS TRACKERS OR SIMILAR EQUIPMENT SOILS: SAND - NRCS TYPE C NORTH SOLAR GARDEN (PIVOT SOLAR 1) 240923300098 RURAL STRAIGHT BOTTOM RANCH, PARACHUTE, CO 81635 142.67 ACRES 5.04 ACRES 1.0 MW DC; 780 kW AC 2484 - TIER 1 400W MODULE OR SIMILAR EQUIPMENT 13 - TIER 1 60KW INVERTERS OR SIMILAR EQUIPMENT 1 - ATI DURATRACK HZ V3.0 SINGLE ACCESS TRACKERS OR SIMILAR EQUIPMENT SAND - NRCS TYPE C PIVOT 1 SOLAR GARDEN 6.21 AC PIVOT 3 SOLAR GARDEN 14.40 AC VICINITY MAP SCALE 1" = 500' LEGEND c X x x x no c 0.Lbe PROPERTY BOUNDARY GAS LINE EXISTING FENCE POWER POLE EXISTING EASEMENT EDGE OF GRAVEL SOLAR GARDEN PERIMETER FENCE (DECORATIVE GAME FENCE) SOLAR PANEL ARRAY PROPOSED 20' GRAVEL ACCESS DRIVEWAY BENCHMARK EX 5' CONTOUR EX 1' CONTOUR APPLICANT PIVOT ENERGY LLC 1750 15TH STREET, SUITE 400 DENVER, COLORADO 80202 CONTACT: JON FITZPATRICK (303) 506-7792 SHEET INDEX ENGINEER ENERTIA CONSULTING GROUP, LLC 1529 MARKET STREET, SUITE 200 DENVER, COLORADO 80202 CONTACT: SEAN O'HEARN, PE (303) 473-3131 SHEET INDEX SHEET NO. DESCRIPTION 1 COVER SHEET 2 EXISTING CONDITIONS PLAN 3 SITE PLAN 4 GESC PLAN 5 DETAIL SHEET SURVEYOR SURVCO, INC 826-1/2 GRAND AVE GLENWOOD SPRINGS, CO 81602 CONTACT: SAMUEL D. PHELPS (970) 945-5945 FOR BURIED UTILITY INFORMATION THREE (3) BUSINESS DAYS BEFORE YOU DIG CALL 811 (OR 1-800-922-1987) UTILITY NOTIFICATION CENTER OF COLORADO (UNCC) WWW.UNCC.ORG 0 a 0 0 z 0 0 PREPARED BY: • 1529 MARKET STREET, SUITE 200 DENVER, COLORADO 80202 1750 15TH STREET, SUITE 400 DENVER, CO 80202 PIVOT SOLAR 1 & 3 STRAIT BOTTOM RANCH PROPERTY COVER SHEET VERIFY SCALE BAR IS ONE INCH ON ORIGINAL DRAWING. 0 1" DATE AUGUST 17, 2020 FILE DWG SHEET 1 OF 5 0 0 0 - 0J >0 �u) WO wU 0 I- w w w0 U_z QF- wQ cf)N JE <0 z= OH Q wz ww wE Ow 1-_ z1_ wI- o'= z zF <0 Cf)w <0 za_ CCw w= 00 Q zw} Q 012 w0 fYw OH zQ zz c7� (0 OW, 00 Q= �zQ_ w 00 _ wu) w I-w zo Q1- zo wz 0C 0< U)0_ 1-0 1-0 zz w- 2J DD O z 00 wO 0< w= w wz Ent! N62° 15' 25.69' 67440' c r ER 7 I I 1 BASIS OF BEARINGS N89°19'10"W RIGHT OF WAY LINE PER BOOK 598, PAGE 508 cs ti 0 �\ <SO ti I 2 0 ' R0Ap EST — I / I EL NTAESMT RH (D F�C \ �BK 357, PG. 30TIT E N( POIT �\\ OF�I ITERCQNNEC I WO DENTIL TY PLE TY�J ) / \ \ \ 4 94% / / N co- XISTING GAS JO ESMT NOTED) GAS LINE VALVE \ / 0 ELLS / \ / PI TO"I\ 1 S LR GA EN RC409300098� 1 \ \ ONETIT OTT M RANC�II1 ) I )\)\ ) 1 1 r /) 1RE)A ( EXISTINE GA LINES / / f I 1 � ( )119ID RER OCT iTOTAN — SOLAR/FACII4TY/EASEAREA / KYNM T/E�RR ANTIS5WNIIL IAM PROP JC ///// li// z f // • • • • • i 50' UTIL ESMT— /, ;///4//A / 41/4- \ // i // / o S VI P ERLIN NO AS ENfi\ NOVD Ml TITLE COMMITII ENT. SHOWN AS 50' WIDk EASEMENT BAS O �PPRIOR-SURVEY D A� / \ NO N TTHIS SURV YORER� 7/ \ EXISTING 3 XC L POLEP I \ �� Ob�/ \ / / //A ) /////�/// //7 �\�\ / S�LA FA ILIT LEA E E FA ILIT LEA E E )) i( y/ // // ; ) / (I/��\ / //( / z•RVICE F}KVERLINE NC:1:S EN NS TElaENI:MEITDMOEt:RIO WUrzE`5113-liTA J/(( EAST LINE OF PRO DESOFIBED //— SAME AS WEST LINE DES IBED DOCyMENT RECORDED IN BOOK 598, PW087 COUNTY PARCEL NO. 2409273001 BRIAN BRAY AND NATHAN PORTER GRAND JUNCTION, CO. 81506 EXISTING GAS LINE (NO ESMT NOTED) Tol!AFAI\</ FOr I 1 r II I )1(id (II I / AiZDN S 3gr8 // L. IX; A ric, // /// 1/. / FOUND 3" CDOH BRASS CAP IN 6" CONC. MON. LOCAL BENCHMARK:5062.73 TOP OF BRASS CAP. EXISTING GAS LINES (NO ESMT NOTED) XEP ROCKY MOUNTAIN TERRA AND WILLIWS PRODUCTION 4-\,, oi ia -00 EA8EMENT IN BK. NORTH AND EAST LINES OF SECTION 27 INDICATE LIMIT OF ALTA/NSPS SURVEY. noso COUNTY PARCEL NO. 240923300098 STRAIT BOTTOM RANCH, LLLP P.O. BOX 26 WOODY CREEK, CO. 81656-0026 POLE(PROBApLE LOCAT ON OF IWO 20' RESERVED ACCESS ESMT PARCEL 2 o e coo EXISTING GATE ( LEGEND LAND USE INFORMATION: PROPERTY BOUNDARY — EXISTING EASEMENT GAS LINE EXISTING FENCE POWER POLE BENCHMARK EX 5' CONTOUR EX 1' CONTOUR ZONING: RURAL PARCEL AREA: 142 ACRES SOLAR FACILITY LEASE AREA: 15.5 ACRES SETBACK REQUIREMENTS: FRONT: 50 FEET MIN. SIDE: 10 FEET MIN. REAR: 25 FEET MIN. MAXIMUM LOT COVERAGE: 15% 0' 40 80 160 FOR BURIED UTILITY INFORMATION THREE (3) BUSINESS DAYS BEFORE YOU DIG CALL 811 (OR 1-800-922-1987) UTILITY NOTIFICATION CENTER OF COLORADO (UNCC) WWW.UNCC.ORG ce PREPARED BY: CD til%.%41111C §2,°' r4Q oo • • ocr Li ii 1529 MARKET STREET, SUITE 200 DENVER, COLORADO 80202 ce 1750 15TH STREET, SUITE 400 DENVER, CO 80202 PIVOT SOLAR 1 & 3 NCH PROPERTY STRAIT BOTTOM LAND USE CHANGE PERMIT PARACHUTE, COLORADO EXISTING CONDITIONS PLAN VERIFY SCALE BAR IS ONE INCH ON ORIGINAL DRAWING. 0 1" DATE AUGUST 17, 2020 FILE DWG SHEET 2 OF 5 0 0 0 0 LLJ HILuz z o LL ELC Lu 0 LL tx LU Lu Lu a co LLJ LU LU F' ocb (-) ("4)F / . / / • c / / / / \ 370.9' / 20' ROAD ESTM f 400.3' _ I 1 POINT OF INTERCONNECTION EXISTING 3P XCEL POLE \ 1 � 1 WQODEN UTILITY POLE (TYP) / J I / / / 5AO° 365.3' (TO PROPERTY LINE) / /432.4' / 2 / / / / 441/7/% / / / / / / / // / // / // / / / / GAS WELL PAD / / / SG41-27 5089.5- / / / / / / / `TANKFARlA GAS LINE VALVE / /' / ////'// / / /PROD /' EXISTING GAS LINES + FACS. (NO ESMT NOTED) 50' UTIL ESMT / \ V/'�A�' / 12' X 25' EQUIPMENT PAD 8.33' X 8.67' PAD MOUNTED STEP UP TRANSFORMER UNDERGROUND MV RUN FROM STEP UP TRANSFORMER TO P01 I / POINT OF INTERCONNECTION / ,/ EXISTING 3P XCEL POLE / I / EMERGENCY TURNAROUND AREA G UNDERGROUND MV RUN FROM STEP UP TRANSFORMER TO P01 / // j / / / / / / / / / / EMERGENCY TURNAROUND AREA /r,\V / * 1 h / / 8.33' X 8.67' PAD MOUNTED STEP / UP TRANSFORMER / / / / / / 's,'// / / / / / pp hp / / / SOLAR GARDEN PERIMETER FENCE (TYP) / 8' DECORATIVE GAME FENCE EXISTING GAS LINE _// (NO ESMT NOTED) 98.4' ( o LIJ 32.6' 20' 12' X 25' EQUIPMENT PAD G z /16' GRAVEL ACCESS ROAD 134.9537' • • • • • • • • • • / 1 MI WI WI ME WI IM IM MI MI IM IM MI MI IM IW MI MI IM IM MI MI IM IM MI MI IM IM MI MI IM IM ME MI IM IM ME MI IM ME IM ME IM IM ME IM IM ME ME IM IM ME WA WE WA WI On III ms ram EN mo ma mo ms ms ms EN ms EN EN ms ow EN EN ms ow no mo en mw NE EN mi ms in EN mw mi In EN mi EN ma ME MI Ell WI WI WI Ell II I IIN I 'R15' Pa 1111 Ell IIM 1151 1111 WI Ell En NE no NE no NE NE En NE EN NE no NE EN NE NE no NE NE NE no En EN EN EN NE wm low NE no no En EN WI 1111 Ell Ell PIE 1111 Ell MIE 11/1 WI WI M. ME WI ME ME EN ME EN EN WI NEI Ell Ell 1111 EV WI WI WI Ell Ell ME ME I 81' 46' /. /7 14 15' Ell Iln IIM ME IIM WI WI WI IIIE IIM WI 1111 Ell Ell MIN ME IIM 16' GRAVEL ACCESS ROAD WI • • • • • • • • • • • • • • • • 11 • • • • • • • • • • • • • • • • • • • • • • MI 1111 Ell IIM IIM IIE 111 WI MIN WI WI WI IIM Ell IIM IIM Ell IIIM ) /\ X ; /\ 2 2 NE WI ME IIII WI ME NE WI •11 EN NE EN EN ME ME OM NE EN MI NE ME IIM WI NE ME WI WE Ell IIM WI WI ME Ell IIM II a WI WI Ell Ell EN 11N WI WI IhN Ell IM IA WI EN NE IIM EN WI Ell En Ell WI illl NE WI IIIN IIM WI WI EN IIM WI WI EN NE Ill• MIN Ell WI ME EN EN IIM WI Ell ME WI EN WI EN NE IIM mg NE ME IIN EN WI WI NE EN EL IIM WI WI EN IIIN WI WI ME NE OM IIN WI WI NE IIM WI •Il ME ME OM IIM Ell WI IIM NE WI WI IIM EN WI IIM Ell WI EN Ell OM ME Ell IIM IIM WI IIN Ell WI IIM EN WI ME NE Ell IIM WI Ell IIM Mg Ell ME WI MIN WI 111.1 IIM Ell IIM EN ME VW IIM • • • • • • • • • • • • • • • • • • • • • • • 11 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • WI GRAVEL C ME Ell En EV Ell MIN Ell IIM MIN IIM IIM Ell ME IIE • • WI IIM MIN EV WI IIM NE 37.8' FENC En WE WI En Iln WI NE IIN WI fli EN WI IIM NE WI EN IIN WI EN IIM IIM WI NE EN WI • 0 EN • 0 OM WI IIN WI IIM EN EN IIM IIM Ell IIN WI Ell IIM WI Ell EN 1111 1111 .. PIVOT 1 SOLAR GARDEN II. PARCEL: 240923300098 EN El. .. ..\ ..ARE..A: 5.0: AC:ESII WI NE OM ME IIM NE ME n If 11 Ill II NE OM EL1 Ell EN IIM WE inn Of II LI WII NE WI Ell Si LI •9 EN WI NE ME Ell E. / -20' TYP. SS ROA/ MA IIM 011 WI WI IIM Ell NE MN IIE AIN WI IIN WI Ell IIM MV MIN EM WE EN WI Ell Iln 11 Ell IIM Ell EM ME Ell Ell Ell IIM IIM EN IIM • • • Ell WM IIM MU IIE WI / NE MIN ME Ell EV WE WI IIM WI Ell IIM El WI MIE Ell IIE WI WI WI IIM Ell IIM Ell IIE WI ME Ell IIM ell Ell IIM IIM ME IIM EM FIN WI WI IIM WI WI WI Ell IIM Ell IIM MIN WI Ell ME IIM WI IIM WI WI IIM WI IIE WI Ell 111 IIM Ell IIM MIN IIIM Ell EV WI IIM EM NE WI ME NE Ell IIM Efil IIM Ell IIM Ell ME VII IIM WI WI EV ME WI ION Ell 1111 WI NE 1111 ME • • • • • • • • • • • • • • • • • • 11 • • 11 Ell WI WI OE IIM Ell ME IIM • • • • • • • • • • 1 • • • • WI WI IIM LE IM Ell IIM Ell NE IIM WI WI Ell IIM EN IIM Ell ME WI WI WI IIM NE IIM WI IIM WI EN 1111 ME ME Ell IIM Iln IIIM 1111 NE • • 1 • • • • • • • • • • • • • • • • • • • • • • • ME IIM WI WI WI WI ION ME ME 1111 Ell NE Ell EN WI EN WI X • • • • • • • • • • • • • • • 492 ME IIE WI MI IW WI WI WI WI WI 111 FLE • FUTI.51E ACCESS AND UTILITY EASEMENTS IN FAVOR OF PIVOT SOLAR 1 & PSCO / PIVOT SOLAR 3 & PSCO 7- PIVOT 3 SOLAR GARDEN PARCEL: 240923300098 /OWNER: STRAIT BOTTOM RANCH 1.1 AREA: 10.46 ACRES WI • 119' TYP. WI FNCElmilm / / SOLAR ARRAY (TYP) / AM NW WI VA al IM MI IW WI MI WM WI INN WA WI • • 11111111111 M-11- I l 17 I T H I I-"11111 • • • P.-- 0 in — WI ME MI II Ell Li INIM MI INI MI MI INI MI ! WI / MI MI mg Mil WI WI Ell iill mi ma In im m In WI INI MI WI IM ME WI WI MI WI Mi MI OM MI Wa IIM WI MI MI IMILIM I/ — — I 1 — — ME WI • UM EN ME IM ME NM WI MEI MI -31471 SOLAR ARRAY (TYP) EXISTING GAS LINES (NO ESMT NOTED) WII ME El IIM WI WI Ell IIM Ell NE / // /2. Rio z e I / / / ' < Ir# 3# 22.8' 130.8' COUNTY PARCEL NO. 240923300098 STRAIT BOTTOM RANCH, LLLP P.O. BOX 26 WOODY CREEK, CO. 81656-0026 IIM MIN WI • • WI Ell Iln Ell IIM Ell Taw :::1/4:',.,00-0.'c›. SOLAR ARRAY (TYP) Cal Iln Ell Iln Ell MIN NV WI IIM WI IIM Iln Ell IIM Ell El IIE Ell ME IIM WI WI WO • • • • • • • Ell WI Eft Ell Ell LLJ 0 .8' 20' MIN. / / / 2 AP ( 4* 4 GAS LINE 20' RESERVED ACCESS ESMT 47' EXISTING GATE LEGEND LAND USE INFORMATION: PROPERTY BOUNDARY GAS LINE EXISTING FENCE POWER POLE EXISTING EASEMENT EDGE OF GRAVEL SOLAR GARDEN PERIMETER FENCE (DECORATIVE GAME FENCE) SOLAR PANEL ARRAY PROPOSED 20' GRAVEL ACCESS DRIVEWAY BENCHMARK EX 5' CONTOUR EX 1' CONTOUR ZONING: RURAL PARCEL AREA: 142 ACRES SETBACK REQUIREMENTS: FRONT: 50 FEET MIN. SIDE: 10 FEET MIN. REAR: 25 FEET MIN. MAXIMUM LOT COVERAGE: 15% NOTES: 1. ALL SITE LINEWORK, SURFACE INFORMATION, AND CALLOUTS ARE BASED ON THE ALTA/NSPS LAND TITLE SURVEY IN ACCORDANCE WITH ALTA/NSPS MINIMUM STANDARDS (EFFECTIVE FEB 23, 2016), BY SAMUEL D. PHELPS, LAND SURVEYOR NO. 27613, DATED APRIL 05, 2020. 2. EQUIPMENT PAD TYPICALLY INCLUDES AC COMBINER PANEL, AC SWITCHGER, LOW VOLTAGE PANEL, ZIG ZAG TRANSFORMER, PRODUCTION METER, AC DISCONNECT, LOCKING BILLING METER, DAS, POCC. 3. 2. LOCATION OF EXISTING UTILITIES SHALL BE VERIFIED BY CONTRACTOR PRIOR TO CONSTRUCTION. CONTRACTOR SHALL BE RESPONSIBLE FOR LOCATION, SUPPORT, PROTECTION, AND RESTORATION OF ALL EXISTING UTILITIES AND APPURTENANCES, WHETHER SHOWN OR NOT SHOWN ON THE APPROVED CONSTRUCTION DOCUMENTS. 4. 3. PROVIDING NOTIFICATION AND RECEIVING MARKINGS OF UNDERGROUND MEMBER UTILITIES IN NO WAY CONSTITUTES PERMISSION TO PERFORM CONSTRUCTION. 5. 4. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE LOCATION, PROTECTION, AND REPAIR OF ALL UTILITIES ENCOUNTERED DURING CONSTRUCTION, WHETHER SHOWN ON THESE PLANS OR NOT. THE CONTRACTOR SHALL CONTACT ALL RESPECTIVE UTILITIES AND HAVE ALL UTILITIES FIELD LOCATED PRIOR TO CONSTRUCTION. IT SHALL BE THE CONTRACTORS RESPONSIBILITY TO VERIFY THE LOCATION OF ALL EXISTING STRUCTURES AND UTILITIES SHOWN ON THE DRAWINGS, TO ASCERTAIN WHETHER ANY STRUCTURES AND UTILITIES MAY EXIST, AND TO REPAIR OR REPLACE ANY STRUCTURES AND UTILITIES THAT MIGHT BE DAMAGED. 6. LOCATIONS OF UTILITIES REPRESENT THE BEST KNOWN LOCATIONS AT THE TIME OF PREPARATION OF DRAWINGS. THE CONTRACTOR SHALL FIELD LOCATE ALL UTILITIES IN ADVANCE OF EXCAVATION. RELOCATION OF UTILITIES IS NOT ANTICIPATED FOR THIS PROJECT. IF REQUIRED, THE CONTRACTOR SHALL COOPERATE WITH COMPANIES TRYING TO COORDINATE THE RELOCATION EFFORT. LINES NOT RELOCATED SHALL BE PROTECTED BY THE CONTRACTOR. NO ADDITIONAL PAYMENT WILL BE ALLOWED FOR THE MINOR ADJUSTMENT OF STRUCTURES IN ORDER TO CLEAR A CONFLICTING UTILITY 7. THERE ARE NO PROPOSED GRADING ACTIVITIES WITH THE PROJECT. IT IS ANTICIPATED THAT THE PV ARRAYS CAN BE SITED AT EXISTING GRADE. 8. TREES AND SHRUBS ARE TO BE REMOVED AS NECESSARY TO ALLOW FOR THE INSTALLATION OF THE ARRAYS AND TO ELIMINATE SHADING. 9. THE LOCATIONS AND QUANTITIES OF SOLAR GENERATION EQUIPMENT ARE NOT FINAL AND SHALL BE SUBJECT TO FINAL DESIGN WITHIN THE DESIGNATED LEASE BOUNDARY AREA. 10. DISTANCE FROM CHANNEL FLOWLINE TO SOLAR ARRAY IS 135 FT. DISTANCE FROM CHANNEL FLOWLINE TO PERIMETER FENCE IS 115 FT. 120 SCALE: 1"=60' FOR BURIED UTILITY INFORMATION THREE (3) BUSINESS DAYS BEFORE YOU DIG CALL 811 UTILITY NOTIFICATION (OR 1-800-922-1987) CENTER OF COLORADO (UNCC) WWW.UNCC.ORG PREPARED BY: Naiii,C11% ha' RN: 00 • 114 • • • 1529 MARKET STREET, SUITE 200 DENVER, COLORADO 80202 0 cc >- Lu HILuz <0 w Lu ct LTJT 0 LIJ Lu Lu co 00 OZ ZZ DD OZ 00 0< >- ce .c(, a LLI LIJ —*(Ak 1750 15TH STREET, SUITE 400 DENVER, CO 80202 PIVOT SOLAR 1 & 3 NCH PROPERTY STRAIT BOTTOM LAND USE CHANGE PERMIT PARACHUTE, COLORADO LLJ VERIFY SCALE BAR IS ONE INCH ON ORIGINAL DRAWING. 0 1" DATE AUGUST 17, 2020 FILE DWG SHEET 3 OF 5 • /c \° • • 4/so. sus Os, OO, •69, • / 20' ROAD ESTM— / • • n 41 / / / TANK FARM / / 441-27 GAS WELL PAD SG 41-27 5089.5-- / / PROD EXISTING GAS LINES + FACS. (NO ESMT NOTED) / 10 POINT OF INTERCONNECTION EXISTING 3P XCEL POLE WQODEI UTIL/TY POIIE GAS LINE VALVE Ic UNDERGROUND MV RUN FROM STEP UP TRANSFORMER TO P01 / NO WORK AREA EMERGENCY TURNAROUND AREA / 8.33' X 8.67' PAD MOUNTED STEP 50' UTIL ESMT— / UP TRANSFORMER w EXISTING GAS LINE Y (NO ESMT NOTED) • ay NO WORK AREA 0 6' �6 Od,, / / / / / NO WORK AREA 50' UTIL ESMT //I 12' X 25' EQUIPMENT PAD 8.33' X 8.67' PAD MOUNTED STEP / \ UNDERGROUND MV RUN / FROM STEP UP TRANSFORMER TO P01 POINT OF INTERCONNECTION EXISTING 3P XCEL POLE EMERGENCY TURNAROUND AREA 4 l • / G 7111166 110 \ _pp �, ilitt , gpr .� •�41..v • ., 12' X 25' EQUIPMENT PAD 16' GRAVEL ACCESS ROAD /, \ i SOLAR GARDEN PERIMETER FENCE (TYP) 8' DECORATIVE GAME FENCE . : / 1 : ■ 1 ;e 6 Y 1 11 111111111111111)11-41-111111I • • /— 19' TYP. ■ 1 7, VI VI \ 7— UP TRANSFORMER .• EN Ell RE :: ■I RE :: \II II EN .. I ::MI II EN .. IIM MI :I :: II :: EN ( I: Ell • •• MI :: MI —'� EN Ell :i MII WE :: MI .. 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EN no Ell En En ms Es Es so am ms Es Es ME MIN Ell ME ME MIN ME EN Ell 1E1 MI Mil 1111 1111 Ell PAN MN MN ma Es MN MI MN MI MN ME 1111 HE MIE EN Ell 1111 EP RE 1111 Iln 1111 RE 1111 PE OE Ell RE En MIE KE MIE MIE EN MIE WA MIE EN ME EN 1111 1111 ME EN Es am so Es Ns Es Es Es all MIE EN 1111 EN 1111 1111 1111 En MIE EN EN MIE ME EN MIN ME ma Es am ms IIM EN IIM 1111 Iln 1111 NIE MIE ME EN MIE ME 011 EN IIN WO 1111 EN EN EN NE Ell Ell ME Ell En Ell Ell ME IIN MI MI MI III MI WE MI NE NI WI MI KW EN IIM Ell Ell EN MI MI EN fIll MI EN MI NW MI IIII MI MI MIN WE MI MI MI MI •Plill EN NW MI MI NW MI Or ;II LI ill 111 ; :lir' MI MI Ell lin Ell lin EN RE IIE MI En 11/1 EE Ell OE Ell lin ME 1111 Ell 1111 EN III EN Ell WEE MI 2 MI Ell 1111 1111 EN IEEE Ell Eli • EP E.: EMIIE MEE Ill En EP Ed OE mill Ell MI EN Es me ma: Ell 11E MI ME MI IIM MI MI IIN/ MI IIN Ell MI IIN MI IIN Ell MI MI 11,1 MI IN MI MI EWA VA MI NM PP 11111 MI IIM EN MIE ME EN NE 1119' TYP. MIN ME Ell En OE EM Ell IIE Ell EN En ss Ps IIM ell all IIM EN Iln VE AC Ell Ell NE En EP WM MI Illn Ell ME IIM • • Ell Iln MI Illn IIM Ell 1111 EN Iln Ell IIM 1211 Ell IIM NE MN 1111 ME Ell IIN Ell IIM MI MIN WM ME EN WI 1111 Ell 1111 IIN 51 Ell NE MIN WM 0111 MIN NE NM 1111 1111 IIM 1111 110. • Illn EN MU NE Ell EP EP EP PE EE Ell ME IIE EP RE Ell En En Ell En EP EN EN lin Elli PE EN EN Ell NE Ell El Ell MIE Ell WM Illn EN IIM Iln En 1111 Ell PIVOT 1 SOLAR GARDEN PARCEL: 240923300098 OWNER: STRAIT BOTTOM RANCH E. WM WM EN IIM MI IIN En Ell EN IIN IIM Ell MI EN MI IIM NE MI FM EN IIM MIN NE PE so me mu sm so ms Pm so so •11 ms Es vim Km ma am mum mu ms Rs MI 1111 MI MI MIN 1111 ME NE WE MI MI EN EN NE Ill• Iln MI Illn III IIN MI •Il EN •Il Ell WE NE MI IIN MI EN IIN Iln En En NE MI MI MI X Ell EN Mi Ell EN Ell IIN MI EN WE EV •11 NE NE MI DI MI MIN 1111 WM DM Ell NE NE Ell En Ell En OE Ell RE lin En Ell En EN Ell EN Ell IIM VS— / SOLAR ARRAY (TYP) MI MIN IIN Ell MN 111 EN IIN Ell IRE ME II / EN MIE EN IIN WE IIN Ell MIN E• NA Ell IIN NE IIM Ell IIM Ell ME MIE IIN Ell MI Ell M/ MIN IIN Ell Ell Ell •N Ell NE PM El Ell ME Ell CE Ell •E Ell IIN IIII PM NE IIM EN l• MN ME WI IIM MI •N MI EN Ell EN Ell MIN IIN Ell EN Ell EN Ell ME MI •E Ell MN ME EN ME MI Ell EN Ell EN MI MI EN Ell IIN NW Ell •P. Ell IIN MI ME Ed ME WI WI ME Ell lin Ell lin / = AREA: 10.46 ACRES PIVOT 3 SOLAR GARDEN PARCEL: 240923300098 • al NI AN 1111 ME En MIE ME ME MIE I= AIL SOLAR ARRAY (TYP) -77", / /( / I / / • • • • • WORK AREA : • xi / / (tc 1/41 MIE ME ME ME ME // En Ell mu as Es ss Es sus so ammsi si I. la 1;.: .P.P. 11 s'...; II 1.1: 11 11 ME EN MI ini fa EN sm so so Elm mu pm n•III: PI E.: Ell: Er: E.: E.: LI LITI WE OM 1 I... I: •1111.1 / I immam Emi snap 11 I 111.1 I 1! •111 I.: 111 Iii° ii I l; •11 112 Li 21 II II us I s'ilmil .1 11 sal Mill MI •E EN IL LI IL 12 RI LIL PE EE PE EN IL •MIL Ell Liii IL Liii PE I .1 IMIll mEll.. all EP ill LIL PE Er •11 EMI Ern: El'ill nal Ellini PI LI, LPLP PE ii• II Lei ME ME EMI •11.1 me um • IIIE IL Li En PE En nil EMar'll IL •111 LI MI 'V MI i " ) 1. NM MI NM MI ME Ell LI PE Ell MN MI •Pli IL •1111 IL ME MI •E MI RE EN 1111 En MI 1111 Ell EN lin EIE EN lin Ell 1111 Ell Iln Ell IIM MIN WM Ell MI Iln 1111 IIE 1111 1111 ME Ell Iln 1111 Ell Iln MIN IIM WE 11111 NE MI EN WM NE EN EN 1111 Ell Iln Elfi 111 Efil Iln Ell Iln ME WM 1111 WM 11111 Ell 11 111 • Ell NE MI EN IIIE ME En HE En • • • • Ell 1111 len 1111 En IIM MIN NO WORK AREA EXISTING GAS LINES (NO ESMT NOTED) WI EN Ell 20' ROAD ESMT xl WM Ell ME Ell Iln LE 1111 Ell Iln Ell • • • • ME Ell 1111 Iln MX Iln 11111 NE EP PE Ell En Ell En Ell EN RE An Ell PE EN EP ME Ell EN NE Ein EP NO WORK AREA Ein EP Ell IIE Ell En Ell EV EP Ell EN OE On Mil En EN NE En EN RE Ell En NE Ell WE NE RE EP Ell En EN RE Ell En Ell Ell Ell Ell NE OM EP Ell EN Ell EP 1111 Ell IIE Ell En Ell PE PE EN EN EN PE NE 1111 EN En EN PE En En En OE • 111 • • • • 11 111 11 • • :16::( NO WORK AREA IIIM 11111 En IIM ION En ME Ell 1111 Ell 1111 Ell En COUNTY PARCEL NO. 240923300098 STRAIT BOTTOM RANCH, LLLP P.O. BOX 26 WOODY CREEK, CO. 81656-0026 • • • • NE ME MI Iln 110 1111 Ell En BIN MIN WI Ell En Ell En Ell Ell PE 1111 Ell EN Ell Ell En EN ME PE EV Ell SOLAR ARRAY (TYP) ME ow Pm me Km Ea MO 1 Ell Ell IIM Ell ME MI Iln ME .711 IME WM • • • 11 MEL MEI EM Ell IIM LINE 20' RESERVED ACCESS ESMT Ark 20' MIN. 1) EX T NO WORK AREA • • • • • • • A846* • OLE LEGEND 0,LbC PROPERTY BOUNDARY GAS LINE EXISTING FENCE POWER POLE EXISTING EASEMENT EDGE OF GRAVEL SOLAR GARDEN PERIMETER FENCE (DECORATIVE GAME FENCE) SOLAR PANEL ARRAY PROPOSED 20' GRAVEL ACCESS DRIVEWAY EX 5' CONTOUR EX 1' CONTOUR NO WORK AREA EROSION & SEDIMENT CONTROL LEGEND VEHICLE TRACKING CONTROL CONCRETE WASHOUT AREA STABILIZED STAGING AREA SEDIMENT CONTROL LOG LIMITS OF CONSTRUCTION FLOW DIRECTION ARROW BMP ABBREVIATION — DETAIL SHEET # (IF APPLICABLE) EROSION & SEDIMENT CONTROL NOTES SUMMARY OF WORK INITIAL PHASE • MOBILIZATION AND SET UP OF THE CONSTRUCTION SITE. • INSTALLATION OF INITIAL BMP'S • DELIVERY OF SOLAR FACILITY MATERIALS INTERIM PHASE • INSTALL THE GRAVEL DRIVE • INSTALL PERIMETER FENCE • SOLAR FACILITY INSTALLATION • DISTURBED SURFACES SHALL BE STABILIZED IF THEY ARE INACTIVE FOR A PERIOD OF 30 DAYS OR LONGER. APPROXIMATE STABILIZATION METHODS SUCH AS SEEDING, MULTCHING OR OTHER METHODS RECOMMENDED IN VOLUME 3 OF THE UDFCD MANUAL MAY BE USED. FINAL PHASE • REMOVE TEMPORARY EROSION AND SEDIMENT CONTROL BMPs. •• PERIMETER SEDIMENT CONTROLS MUST REMAIN IN PLACE UNTIL 70 PERCENT VEGETATION IS ESTABLISHED FOR ALL OF THE DISTURBED AREAS. HEH 120 SCALE: 1"=60' FOR BURIED UTILITY INFORMATION THREE (3) BUSINESS DAYS BEFORE YOU DIG CALL 811 UTILITY NOTIFICATION (OR 1-800-922-1987) CENTER OF COLORADO (UNCC) WWW.UNCC.ORG ce PREPARED BY: ` • NH' C 1% ha 17.44": • 110 • • • • 1529 MARKET STREET, SUITE 200 DENVER, COLORADO 80202 0 OLL >- co— Lijc HILuz LUZ LL CCH w Lu DO LU 11.1 LL 0 Lu Lu co 00 0 LU DLLI LUZ ce 1750 15TH STREET, SUITE 400 DENVER, CO 80202 PIVOT SOLAR 1 & 3 NCH PROPERTY STRAIT BOTTOM LAND USE CHANGE PERMIT PARACHUTE, COLORADO GESC PLAN VERIFY SCALE BAR IS ONE INCH ON ORIGINAL DRAWING. 0 1" DATE AUGUST 17, 2020 FILE DWG SHEET 4 OF 5 SC-2 Sediment Control Log (SCL) 3" 4 111 2 3" 8 12" BM - AWARNING HIGH VOLTAGE - KEEP OUT PHOTOVOLTAIC ARRAY AUTHORIZED PERSONNEL ONLY 7" WARNING LABEL FOR AGRICULTURAL SECURITY FENCE SPACED EVERY 100 FEET AROUND PERIMETER OF ARRAY 111 2 3" 8 PIVOT SOLAR 1 & 3 SMALL SCALE SOLAR FACILITY PLEASE CALL (XXX) XXX-XXXX TO CONTACT THE PROJECT OPERATOR 6" PLANT IDENTIFICATION AT SITE ENTRANCE. CONTACT INFO WILL BE REVISED PRIOR TO CONSTRUCTION. 8'-0" TO TOP OF FENCE MESH WOOD FENCE POST.\1 1. 1- 14 2 -0"• SOLAR MODULES (TYP) Concrete Washout Area (CWA) MM-1 3:1 12" TYP, 7 >4 UNDISTURBED OR COMPACTED SOIL BE 3:1 8 X 8 MIN. j1;v13:1 BE CONCRETE WASHOUT �51GN 25 MIN. CONCRETE WASHOUT AREA PLAN COMPACTED BERM AROUND THE PERIMETER >3 t.3' MIN. 8 X 8 MIN. SECTION A VEHICLE TRACKING CONTROL (SEE VTC DETAIL) OR OTHER STABLE SURFACE 2% SLOPE f � friYivi�� VEHICLE TRACKING CONTROL (SEE VTC - DETAIL ) CWA-1. CONCRETE WASHOUT AREA CWA INSTALLATION NOTES 1. SEE PLAN VIEW FOR: -CWA INSTALLATION LOCATION. 2. DO NOT LOCATE AN UNLINED CWA WITHIN 400' OF ANY NATURAL DRAINAGE PATHWAY OR WATERBODY. DO NOT LOCATE WITHIN 1,000' OF ANY WELLS OR DRINKING WATER SOURCES. IF SITE CONSTRAINTS MAKE THIS INFEASIBLE, OR IF HIGHLY PERMEABLE SOILS EXIST ON SITE, THE CWA MUST BE INSTALLED WITH AN IMPERMEABLE LINER (16 MIL MIN. THICKNESS) OR SURFACE STORAGE ALTERNATIVES USING PREFABRICATED CONCRETE WASHOUT DEVICES OR A LINED ABOVE GROUND STORAGE ARE SHOULD BE USED. 3, THE CWA SHALL BE INSTALLED PRIOR TO CONCRETE PLACEMENT ON SITE. 4. CWA SHALL INCLUDE A FLAT SUBSURFACE PIT THAT IS AT LEAST 8' BY 8' SLOPES LEADING OUT OF THE SUBSURFACE PIT SHALL BE 3:1 OR FLATTER. THE PIT SHALL BE AT LEAST 3' DEEP. 5. BERM SURROUNDING SIDES AND BACK OF THE CWA SHALL HAVE MINIMUM HEIGHT OF 1'. 6. VEHICLE TRACKING PAD SHALL BE SLOPED 2% TOWARDS THE CWA. 7. SIGNS SHALL BE PLACED AT THE CONSTRUCTION ENTRANCE, AT THE CWA, AND ELSEWHERE AS NECESSARY TO CLEARLY INDICATE THE LOCATION OF THE CWA TO OPERATORS OF CONCRETE TRUCKS AND PUMP RIGS. 8. USE EXCAVATED MATERIAL FOR PERIMETER BERM CONSTRUCTION. FENCING MESH III III III III 111 III Ili. III GAME FENCE DETAIL 8'-4" 05" x 1) " x 18" (MIN) WOODEN STAKE 8" DIAMETER (MIN) COMPOST SEDIMENT CONTROL LOG NOTES: 1.THIS DETAIL IS FOR USE WITH SEDIMENT CONTROL LOGS THAT ARE A MINIMUM OF 8 LB/FT 2.PLACE LOG AGAINST SIDEWALK OR BACK OF CURB WHEN ADJACENT TO THESE FEATURES. COMPOST SEDIMENT CONTROL LOG (WEIGHTED) BLOWN/PLACE. FILTER MEDIA OR SOIL FLOW CENTER STAKE IN CONTROL LOC g" DIAMETER (MIN) COMPOST SEDIMENT CONTROL LOG SECTION COMPOST SEDIMENT CONTROL LOG OVERLAP (MIN.) 1,V` x 1)4 x 18" (MIN) WOODEN STAKE 13IAMETEr2 (MIN) SEDIMENT CONTROL LOG LOG JOINTS SCL-2. COMPOST SEDIMENT CONTROL LOG ?' El" HTE-; 4 4 INDUSTRY STANDARD SINGLE -AXIS TRACKING SYSTEM - 8' HIGH DECORATIVE GAME FENCE DRIVEN STEEL SUPPORT COLUMNS POST FOUNDATION TRACKER CONNECTING ROD (TYP) TO TOP OF POST MAXIMUM TILT HEIGHT \ ABOVE GRADE MODULE AT MAXIMUM TILT INDUSTRY STANDARD SINGLE -AXIS TRACKING SYSTEM MODULE AT HORIZONTAL \� \\ DRIVEN STEEL \ \ SUPPORT COLUMNS \ EXISTING GROUND 4' 6" NOTE: FINAL DIMENSIONS SUBJECT TO FINAL DESIGN. TYPICAL PV ARRAY RACKING SYSTEM EXISTING GROUND VEGETATION TO REMAIN SOLAR GARDEN CROSS SECTION NOT TO SCALE 8' DECORATIVE GAME FENCE NOT TO SCALE 9.33' 6 8' 0 HRMBH El El El El I_I gggaa Vehicle Tracking Control (VTC) SM-4 SIDEWALK OR OTHER PAVED SURFACE PUBLIC ROADWAY INSTALL ROCK FLUSH WITH OR BELOW TOP OF PAVEMENT COMPACTED SUBGRADE SECTION A 50 FOOT (MIN.) 20 FOOT (WIDTH CAN BE LESS IF CONST. VEHICLES ARE PHYSICALLY CONFINED ON BOTH SIDES) L 9" (MIN.) UNLESS OTHERWISE SPECIFIED BY LOCAL JURISDICTION, USE COOT SECT. #703, AASHTO #3 COARSE AGGREGATE OR 6" MINUS ROCK NON -WOVEN GEOTEXTILE FABRIC BETWEEN SOIL AND ROCK UNLESS OTHERWISE SPECIFIED BY LOCAL JURISDICTION, USE CDOT SECT. #703, AASHTO #3 COARSE AGGREGATE OR 6" MINUS ROCK r 9" (MIN.) T NON -WOVEN GEOTEXTILE FABRIC VTC-1 . AGGREGATE VEHICLE TRACKING CONTROL 14' GND XFMR TRACKING CONTROLLERS SWITCH GEAR SCADA 17' J XCEL ENERGY TRANSFORMER 8.33' 8.69' TYPICAL EQUIPMENT PAD LAYOUT NOT TO SCALE 1' THICKNESS (W/6" EMBEDDED) TYPICAL EQUIPMENT PAD ELEVATION NOT TO SCALE FOR BURIED UTILITY INFORMATION THREE (3) BUSINESS DAYS BEFORE YOU DIG CALL 811 (OR 1-800-922-1987) UTILITY NOTIFICATION CENTER OF COLORADO (UNCC) WWW.UNCC.ORG 0 a 0 0 PREPARED BY: Z 0 O7 0 1529 MARKET STREET, SUITE 200 DENVER, COLORADO 80202 1750 15TH STREET, SUITE 400 DENVER, CO 80202 PIVOT SOLAR 1 & 3 STRAIT BOTTOM RANCH PROPERTY LAND USE CHANGE PERMIT PARACHUTE, COLORADO GESC PLAN VERIFY SCALE BAR IS ONE INCH ON ORIGINAL DRAWING. 0 1" DATE AUGUST 17, 2020 FILE DWG SHEET 5 OF 5 0 0 u- 0I >-D Q z w0 cLU 0 Q 0 I- w� = IZ � W -w w0 UO 50 (J) w< Z O 01- (A< 0H CC I_ dE w� Ow H= zI- w� 2D DO c Z ZI- <0 w <0 Z0_ w� c w= O 0 w} QZ a °o IY w OH- Z Q zz O pw O 0 ZI �z Q w _ O 0 W O) H W O m Z 0 Q P- ZO W Z 2 0< (.0w H0 cjj0 HO zz w- J DD OZ O 0 wU 0< COCC wZ CCw Pivot Energy Major Impact Review- Land Use Change Permit Solar Energy System - Large Pivot Solar 1 and Pivot Solar 3 Projects Tax Parcel No. 240923300098 Section 4: Drainage Report pivotenergy.net ENERTIA • • • CONSULTING • • • • • • GROUP LLC August 13, 2020 Mr. Patrick Waller, Senior Planner Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Drainage Narrative Major Impact Review — Land Use Change Permit Tax Parcel # 240923300098 Dear Mr. Waller: 1529 Market St., Suite 200 Denver, CO 80202 sean.ohearn@enertiacg.com This drainage narrative is intended to provide Garfield County with drainage and land disturbance information related to the proposed Pivot Solar 1 & 3 small scale solar facility (Project) located on approximately 15.5 acres of the 142 acre Strait Bottom Ranch property in Garfield County. The Project has been designed and shall be constructed & maintained in a manner that minimizes storm water related impacts, in accordance with Garfield County drainage criteria. Project Specific Information Project Name, Property Address and Garfield County Parcel No. Pivot Solar 1, Parachute CO 81635 Pivot Solar 3, Parachute, CO 81635 Parcel No. 240923300098 Developer/Applicant Pivot Energy, 1750 15th Street, Suite 400, Denver, CO 80202 Site/Civil Engineer Enertia Consulting Group, LLC, 1529 Market Street, Suite 200, Denver, CO 80202 Protect Description The Project is a 3 MW small scale solar facility located on approximately 15.5 acres of undeveloped land within the 142 acre Strait Bottom Ranch property, west of the Town of Parachute; and within the NE1/4 of Section 27, Township 7 South, Range 96 West of the 6th P.M., County of Garfield, State of Colorado. The Project is located between 1-70 and US Highway 6. Existing oil and gas well locations are directly north of the Project. A Vicinity Map is included in Appendix A as Figure 1. The Project is divided by an existing access road into a north solar facility (5.04 acres) and a south solar facility (10.46 acres). The north solar facility, identified as Pivot Solar 1, will be a 1 MW solar facility with approximately 2,484 solar panels and the south solar facility, identified as Pivot Solar 3, will be a 2 MW solar facility with approximately 4,986 solar panels, all PAGE 11 PIVOT 1 & 3 DRAINAGE NARRATIVE LAND USE CHANGE PERMIT mounted on steel H-piles. Both facilities will include transformer and distributed inverter equipment mounted on concrete pads. Both the Pivot solar 1 (north) and Pivot Solar 3 (south) solar facilities will be accessed by a proposed 16' wide gravel driveway with emergency turn- arounds. A gated perimeter fence will be installed around the perimeter of each solar facility. Except for the gravel driveway and concrete pads for transformers and inverters, the remainder of the solar facility area to be improved will not require clearing/grubbing of existing vegetation or grading of the ground surface. Land Disturbance and Drainage Information Existing Ground Surface Conditions and Drainage Patterns The 15.5 acre solar facility project area may be characterized as undeveloped land, vegetated with native grasses and shrubs. FEMA floodplain mapping is not available for this area and thus a flood insurance rate map has not been provided. Based on NRCS soils data (also included in Appendix A), the site soils are identified as Arvada Loam and classified as Hydrologic Soil Group C. As shown on Figure 2 in Appendix A, the site ground surface slopes at an average of 5 percent, from west to east toward the Colorado River (located across US Highway 6, approximately 600ft from the site's eastern boundary). Land Disturbance Activities The site improvements include installation of: (i) solar facility components; and (ii) all-weather surface gravel driveway. Solar Facility Components - Installation of the 15.5 acre solar facility will include: 8,028 solar panels placed on steel H-pipes (driven into the ground), 2 inverters and 2 electric transformers placed on poured concrete pads and a gated perimeter fence. Except for the concrete pads, the remainder of the solar facility component installation will not require clearing/grubbing of existing vegetation or grading. Since the solar panels are tracking panels (rotate through the day to track the path of the sun), the ground surface vegetation beneath the panels will continue to establish itself naturally. Gravel Access Drive — Access to the Strait Bottom Ranch property is via US Hwy 6 from an existing 25' wide gravel access drive that's currently utilized to service oil & gas well locations. An all-weather gravel surface access drive will extend from this existing gravel access north and south into the proposed solar facilities. An 8-inch thick gravel surface (consistent with similar solar facility access drives within Colorado) is proposed. This depth of gravel over compacted subgrade is sufficient to provide routine and emergency access to the Project. Land Disturbance Area A total of approximately 8,644 square feet or 0.22 acres of the Project area is anticipated to be disturbed. The total disturbance numbers are summed below: Disturbance Surface Type Disturbance Area (sf) Disturbance Area (Acres) Gravel Drive 7,916 .20 Concrete Equipment Pads 728 0.02 Total 8,644 .22 PAGE 12 PIVOT 1 & 3 DRAINAGE NARRATIVE LAND USE CHANGE PERMIT Hydrologic Design Criteria The following table includes hydro ogic design criteria used in this analysis. Parameter Value Unit Reference Time of Concentration, Tc - min. Sheet SF-2 (Appendix A) Runoff Coefficient, C - - MHFD Criteria Manual, Chapter 6, Table 6-4 1-hr Point Rainfall, P1 (100-Year) 2.23 inches NOAA Rainfall Data (Appendix A) Storm Runoff, Q - cfs Q = CIA Basin Conditions The footprint of the north and south solar facilities and access drives has been analyzed as the subject drainage area under both existing and proposed conditions. The existing condition basin (identified as basin X1 on Figure 2) was analyzed to calculate the peak runoff for the design storm using an imperviousness percentage of 2.6%. This percentage is calculated based on existing conditions at the site. The proposed condition basin (identified as basin Al on Figure 2) was analyzed to calculate the peak runoff for the design storm using an impervious percentage of 3.1 %. The increase impervious area in the proposed condition is attributed to the addition of concrete equipment pads (728 sf) and the gravel access drives (7,916 sf), as shown in the impervious area calculation sheet within Appendix A. The concrete pads and gravel access roads have an impervious of 100% and 40% respectively and account for a relatively small increase in percent impervious (0.5%). It should be noted that the tracking solar panels are not classified as ground surface because precipitation falling on the solar panels will shed onto the undisturbed vegetated surface below. Stormwater Runoff The stormwater runoff for existing and proposed conditions is calculated based on the Rational Method. The 100-year, 1-hour storm event was analyzed for basins Al and X1. The flow path for the basins is generally from west to east toward the Colorado River 600ft east of the Project site. The average ground surface slope across the flow path is 5%. The time of concentration to this point was calculated using MHFD equations are summarized below and can be found on the SF-2 form in Appendix A. The Runoff Coefficients are also included in the SF-2 form and are summarized below. Basin Time of Concentration (Min) Runoff Coefficients (Cioo) X1 24.7 0.520 Al 24.7 0.522 The precipitation data used for the 100-year, 1-hour storm event is based on NOAA rainfall data from the Project site and is included in Appendix A. Per the Basin Runoff Calculation (SF-3) included in Appendix A the 100-year runoff volumes are as follows: Basin Qioo (cfs) X1 34.5 Al 34.7 Net +0.2 PAGE 13 PIVOT 1 & 3 DRAINAGE NARRATIVE LAND USE CHANGE PERMIT Under developed conditions, runoff will follow existing drainage patterns and will not significantly increase peak flows (increase from 34.5 cfs to 34.7 cfs), and will result in a negligible impact on peak runoff rates. Since the proposed improvements will not result in increased runoff rates, stormwater detention is not being recommended for this site. Summary The following list summarizes key components of the Project and findings related to land disturbance and storm water impacts. 1. Installation of the Pivot Solar 1 (north) and Pivot Solar 3 (south) solar facilities will temporarily disturb the ground surface within the 15.5 acre Project area but won't require clearing and grubbing of vegetation or grading, except for concrete equipment pad and gravel access drive installation. A grading and erosion control plan is being submitted concurrently with this Land Use Change Permit (See Sheet 4 of the Land Use Change Permit Plans). 2. The areas considered impervious (100 percent impervious - 728 sf concrete pads) or semi -impervious (40 percent impervious - 7,916 sf gravel access drives) total 0.22 acres of the 15.5-acre solar facility area. 3. Under existing conditions, the peak flow originating from the solar facility area for the 100 yr - 1 hr storm event is 34.5 cfs. Under developed conditions, the peak flow originating from the solar facility area for the 100 yr — 1 hr storm event is 34.7 cfs. 4. Because the change in peak flow from existing to proposed conditions is negligible, storm water detention isn't recommended for this project. 5. Since at its closest point, the channel flowline (west of Pivot 3) is 115' from the perimeter fence and 135' from a solar panel and since there is less than 10,000 sf of impervious surface area, a variance to Garfield County LUDC Article 7-204 C. isn't warranted. Since the land disturbance is less than 1 acre, a CDPS storm water certificate issued by CDPHE is not required for this Project. 6. Installation of the solar facility is not expected to impact existing drainage patterns or flow rates on or around the Project site. Runoff water quality will not be impacted by the solar facility components. 7. The Project design will adequately protect public health, safety and general welfare and have no adverse effects on Garfield County right-of-way or offsite properties. We trust that the information provided is acceptable and complete. Please let me know if you have any questions or require additional information. Sincerely, ENERTIA CONSULTING GROUP, LLC Sean O'Hearn, PE Project Manager PAGE 14 PIVOT 1 & 3 DRAINAGE NARRATIVE LAND USE CHANGE PERMIT Appendix A Reference Documents • Vicinity Map • USDA Soils Report • NOAA Rainfall Data • Project Drainage Map • Basin Runoff Calculations PAGE 15 1 PIVOT 1 SOLAR GARDEN 6.21 AC::'. PIVOT 3 SOLAR GARDEN 14.40 C. 0' 500 1000 2000 SCALE: 1 "=1000' ENERTIA s • CONSULTING • ROUP 1529 MARKET STREET SUITE 200 DENVER, CO 80202 (720) 473-3131 FIGURE 1 - VICINITY MAP PIVOT SOLAR 3 - STRAIT BOTTOM RANCH PARACHUTE, CO SCALE: 1" =1000' BY: BSC USDA United States Department of Agr culture RCS Natural Resources Conservation Service A product of the National Cooperative Soil Survey, a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local participants Custom Soil Resource Report for Rifle Area, Colorado, Parts of Garfield and Mesa Counties June 2, 2020 Preface Soil surveys contain information that affects land use planning in survey areas. They highlight soil limitations that affect various land uses and provide information about the properties of the soils in the survey areas. Soil surveys are designed for many different users, including farmers, ranchers, foresters, agronomists, urban planners, community officials, engineers, developers, builders, and home buyers. Also, conservationists, teachers, students, and specialists in recreation, waste disposal, and pollution control can use the surveys to help them understand, protect, or enhance the environment. Various land use regulations of Federal, State, and local governments may impose special restrictions on land use or land treatment. Soil surveys identify soil properties that are used in making various land use or land treatment decisions. The information is intended to help the land users identify and reduce the effects of soil limitations on various land uses. The landowner or user is responsible for identifying and complying with existing laws and regulations. Although soil survey information can be used for general farm, local, and wider area planning, onsite investigation is needed to supplement this information in some cases. Examples include soil quality assessments (http://www.nrcs.usda.gov/wps/ portal/nrcs/main/soils/health/) and certain conservation and engineering applications. For more detailed information, contact your local USDA Service Center (https://offices.sc.egov.usda.gov/locator/app?agency=nres) or your NRCS State Soil Scientist (http://www.nres.usda.gov/wps/portal/nres/detail/soils/contactus/? cid=nrcs142p2_053951). Great differences in soil properties can occur within short distances. Some soils are seasonally wet or subject to flooding. Some are too unstable to be used as a foundation for buildings or roads. Clayey or wet soils are poorly suited to use as septic tank absorption fields. A high water table makes a soil poorly suited to basements or underground installations. The National Cooperative Soil Survey is a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local agencies. The Natural Resources Conservation Service (NRCS) has leadership for the Federal part of the National Cooperative Soil Survey. Information about soils is updated periodically. Updated information is available through the NRCS Web Soil Survey, the site for official soil survey information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require 2 alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. 3 Contents Preface 2 How Soil Surveys Are Made 5 Soil Map 8 Soil Map 9 Legend 10 Map Unit Legend 12 Map Unit Descriptions 12 Rifle Area, Colorado, Parts of Garfield and Mesa Counties 14 4—Arvada loam, 6 to 20 percent slopes 14 References 15 4 How Soil Surveys Are Made Soil surveys are made to provide information about the soils and miscellaneous areas in a specific area. They include a description of the soils and miscellaneous areas and their location on the landscape and tables that show soil properties and limitations affecting various uses. Soil scientists observed the steepness, length, and shape of the slopes; the general pattern of drainage; the kinds of crops and native plants; and the kinds of bedrock. They observed and described many soil profiles. A soil profile is the sequence of natural layers, or horizons, in a soil. The profile extends from the surface down into the unconsolidated material in which the soil formed or from the surface down to bedrock. The unconsolidated material is devoid of roots and other living organisms and has not been changed by other biological activity. Currently, soils are mapped according to the boundaries of major land resource areas (MLRAs). MLRAs are geographically associated land resource units that share common characteristics related to physiography, geology, climate, water resources, soils, biological resources, and land uses (USDA, 2006). Soil survey areas typically consist of parts of one or more MLRA. The soils and miscellaneous areas in a survey area occur in an orderly pattern that is related to the geology, landforms, relief, climate, and natural vegetation of the area. Each kind of soil and miscellaneous area is associated with a particular kind of landform or with a segment of the landform. By observing the soils and miscellaneous areas in the survey area and relating their position to specific segments of the landform, a soil scientist develops a concept, or model, of how they were formed. Thus, during mapping, this model enables the soil scientist to predict with a considerable degree of accuracy the kind of soil or miscellaneous area at a specific location on the landscape. Commonly, individual soils on the landscape merge into one another as their characteristics gradually change. To construct an accurate soil map, however, soil scientists must determine the boundaries between the soils. They can observe only a limited number of soil profiles. Nevertheless, these observations, supplemented by an understanding of the soil -vegetation -landscape relationship, are sufficient to verify predictions of the kinds of soil in an area and to determine the boundaries. Soil scientists recorded the characteristics of the soil profiles that they studied. They noted soil color, texture, size and shape of soil aggregates, kind and amount of rock fragments, distribution of plant roots, reaction, and other features that enable them to identify soils. After describing the soils in the survey area and determining their properties, the soil scientists assigned the soils to taxonomic classes (units). Taxonomic classes are concepts. Each taxonomic class has a set of soil characteristics with precisely defined limits. The classes are used as a basis for comparison to classify soils systematically. Soil taxonomy, the system of taxonomic classification used in the United States, is based mainly on the kind and character of soil properties and the arrangement of horizons within the profile. After the soil 5 Custom Soil Resource Report scientists classified and named the soils in the survey area, they compared the individual soils with similar soils in the same taxonomic class in other areas so that they could confirm data and assemble additional data based on experience and research. The objective of soil mapping is not to delineate pure map unit components; the objective is to separate the landscape into landforms or landform segments that have similar use and management requirements. Each map unit is defined by a unique combination of soil components and/or miscellaneous areas in predictable proportions. Some components may be highly contrasting to the other components of the map unit. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The delineation of such landforms and landform segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, onsite investigation is needed to define and locate the soils and miscellaneous areas. Soil scientists make many field observations in the process of producing a soil map. The frequency of observation is dependent upon several factors, including scale of mapping, intensity of mapping, design of map units, complexity of the landscape, and experience of the soil scientist. Observations are made to test and refine the soil -landscape model and predictions and to verify the classification of the soils at specific locations. Once the soil -landscape model is refined, a significantly smaller number of measurements of individual soil properties are made and recorded. These measurements may include field measurements, such as those for color, depth to bedrock, and texture, and laboratory measurements, such as those for content of sand, silt, clay, salt, and other components. Properties of each soil typically vary from one point to another across the landscape. Observations for map unit components are aggregated to develop ranges of characteristics for the components. The aggregated values are presented. Direct measurements do not exist for every property presented for every map unit component. Values for some properties are estimated from combinations of other properties. While a soil survey is in progress, samples of some of the soils in the area generally are collected for laboratory analyses and for engineering tests. Soil scientists interpret the data from these analyses and tests as well as the field -observed characteristics and the soil properties to determine the expected behavior of the soils under different uses. Interpretations for all of the soils are field tested through observation of the soils in different uses and under different levels of management. Some interpretations are modified to fit local conditions, and some new interpretations are developed to meet local needs. Data are assembled from other sources, such as research information, production records, and field experience of specialists. For example, data on crop yields under defined levels of management are assembled from farm records and from field or plot experiments on the same kinds of soil. Predictions about soil behavior are based not only on soil properties but also on such variables as climate and biological activity. Soil conditions are predictable over long periods of time, but they are not predictable from year to year. For example, soil scientists can predict with a fairly high degree of accuracy that a given soil will have a high water table within certain depths in most years, but they cannot predict that a high water table will always be at a specific level in the soil on a specific date. After soil scientists located and identified the significant natural bodies of soil in the survey area, they drew the boundaries of these bodies on aerial photographs and 6 Custom Soil Resource Report identified each as a specific map unit. Aerial photographs show trees, buildings, fields, roads, and rivers, all of which help in locating boundaries accurately. 7 Soil Map The soil map section includes the soil map for the defined area of interest, a list of soil map units on the map and extent of each map unit, and cartographic symbols displayed on the map. Also presented are various metadata about data used to produce the map, and a description of each soil map unit. 8 39° 24' 58" N 39° 24' 39" N 3 KE:lia.][«31GW 750393 ro '-AM ai Custom Soil Resource Report Soil Map 750460 750530 750503 750320 750390 750460 750530 750600 750670 Map Scale: 1:2,980 if printed on A portrait (8.5" x 11") sheet 0 40 80 160 Feet 0 100 200 400 600 Map projection: Web Mercator Comer coordinates: WGS84 Edge tics: UTM Zone 12N WGS84 Meters 240 750670 750740 3 En En 39° 24' 58" N 39° 24' 39" N 9 Custom Soil Resource Report MAP LEGEND Area of Interest (AOI) Area of Interest (AOI) Soils 0 0 Soil Map Unit Lines Soil Map Unit Polygons Soil Map Unit Points Special Point Features Blowout la Borrow Pit Clay Spot • Closed Depression • Gravel Pit Gravelly Spot • Landfill Lava Flow Marsh or swamp an4 Mine or Quarry • Miscellaneous Water • Perennial Water • Rock Outcrop ▪ Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip oa Sodic Spot A Spoil Area Stony Spot Very Stony Spot Wet Spot Other Special Line Features Water Features Streams and Canals Transportation H-F Rails 0.10 Interstate Highways wrapUS Routes Major Roads Local Roads Background 1. Aerial Photography MAP INFORMATION The soil surveys that comprise your AOI were mapped at 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Rifle Area, Colorado, Parts of Garfield and Mesa Counties Survey Area Data: Version 12, Sep 13, 2019 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Dec 31, 2009—Oct 12, 2017 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background 10 Custom Soil Resource Report MAP LEGEND MAP INFORMATION imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Custom Soil Resource Report Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 4 Totals for Area of Interest Arvada loam, 6 to 20 percent slopes 19.2 100.0% 19.2 100.0% Map Unit Descriptions The map units delineated on the detailed soil maps in a soil survey represent the soils or miscellaneous areas in the survey area. The map unit descriptions, along with the maps, can be used to determine the composition and properties of a unit. A map unit delineation on a soil map represents an area dominated by one or more major kinds of soil or miscellaneous areas. A map unit is identified and named according to the taxonomic classification of the dominant soils. Within a taxonomic class there are precisely defined limits for the properties of the soils. On the landscape, however, the soils are natural phenomena, and they have the characteristic variability of all natural phenomena. Thus, the range of some observed properties may extend beyond the limits defined for a taxonomic class. Areas of soils of a single taxonomic class rarely, if ever, can be mapped without including areas of other taxonomic classes. Consequently, every map unit is made up of the soils or miscellaneous areas for which it is named and some minor components that belong to taxonomic classes other than those of the major soils. Most minor soils have properties similar to those of the dominant soil or soils in the map unit, and thus they do not affect use and management. These are called noncontrasting, or similar, components. They may or may not be mentioned in a particular map unit description. Other minor components, however, have properties and behavioral characteristics divergent enough to affect use or to require different management. These are called contrasting, or dissimilar, components. They generally are in small areas and could not be mapped separately because of the scale used. Some small areas of strongly contrasting soils or miscellaneous areas are identified by a special symbol on the maps. If included in the database for a given area, the contrasting minor components are identified in the map unit descriptions along with some characteristics of each. A few areas of minor components may not have been observed, and consequently they are not mentioned in the descriptions, especially where the pattern was so complex that it was impractical to make enough observations to identify all the soils and miscellaneous areas on the landscape. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The objective of mapping is not to delineate pure taxonomic classes but rather to separate the landscape into landforms or landform segments that have similar use and management requirements. The delineation of such segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, however, onsite investigation is needed to define and locate the soils and miscellaneous areas. 12 Custom Soil Resource Report An identifying symbol precedes the map unit name in the map unit descriptions. Each description includes general facts about the unit and gives important soil properties and qualities. Soils that have profiles that are almost alike make up a soil series. Except for differences in texture of the surface layer, all the soils of a series have major horizons that are similar in composition, thickness, and arrangement. Soils of one series can differ in texture of the surface layer, slope, stoniness, salinity, degree of erosion, and other characteristics that affect their use. On the basis of such differences, a soil series is divided into soil phases. Most of the areas shown on the detailed soil maps are phases of soil series. The name of a soil phase commonly indicates a feature that affects use or management. For example, Alpha silt loam, 0 to 2 percent slopes, is a phase of the Alpha series. Some map units are made up of two or more major soils or miscellaneous areas. These map units are complexes, associations, or undifferentiated groups. A complex consists of two or more soils or miscellaneous areas in such an intricate pattern or in such small areas that they cannot be shown separately on the maps. The pattern and proportion of the soils or miscellaneous areas are somewhat similar in all areas. Alpha -Beta complex, 0 to 6 percent slopes, is an example. An association is made up of two or more geographically associated soils or miscellaneous areas that are shown as one unit on the maps. Because of present or anticipated uses of the map units in the survey area, it was not considered practical or necessary to map the soils or miscellaneous areas separately. The pattern and relative proportion of the soils or miscellaneous areas are somewhat similar. Alpha -Beta association, 0 to 2 percent slopes, is an example. An undifferentiated group is made up of two or more soils or miscellaneous areas that could be mapped individually but are mapped as one unit because similar interpretations can be made for use and management. The pattern and proportion of the soils or miscellaneous areas in a mapped area are not uniform. An area can be made up of only one of the major soils or miscellaneous areas, or it can be made up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example. Some surveys include miscellaneous areas. Such areas have little or no soil material and support little or no vegetation. Rock outcrop is an example. 13 Custom Soil Resource Report Rifle Area, Colorado, Parts of Garfield and Mesa Counties 4—Arvada loam, 6 to 20 percent slopes Map Unit Setting National map unit symbol: jny6 Elevation: 5,100 to 6,200 feet Farmland classification: Not prime farmland Map Unit Composition Arvada and similar soils: 85 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Arvada Setting Landform: Terraces, fans Landform position (three-dimensional): Tread Down -slope shape: Convex, linear Across -slope shape: Convex, linear Parent material: Highly saline alluvium derived from sandstone and shale Typical profile H1 - 0 to 3 inches: loam H2 - 3 to 17 inches: silty clay loam H3 - 17 to 60 inches: silty clay loam Properties and qualities Slope: 6 to 20 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: Very high Capacity of the most limiting layer to transmit water (Ksat): Moderately low to moderately high (0.06 to 0.20 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 10 percent Gypsum, maximum in profile: 2 percent Salinity, maximum in profile: Slightly saline to strongly saline (4.0 to 16.0 mmhos/cm) Sodium adsorption ratio, maximum in profile: 30.0 Available water storage in profile: Moderate (about 8.0 inches) Interpretive groups Land capability classification (irrigated): 7s Land capability classification (nonirrigated): 7s Hydrologic Soil Group: C Hydric soil rating: No 14 References American Association of State Highway and Transportation Officials (AASHTO). 2004. Standard specifications for transportation materials and methods of sampling and testing. 24th edition. American Society for Testing and Materials (ASTM). 2005. Standard classification of soils for engineering purposes. ASTM Standard D2487-00. Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of wetlands and deep -water habitats of the United States. U.S. Fish and Wildlife Service FWS/OBS-79/31. Federal Register. July 13, 1994. Changes in hydric soils of the United States. Federal Register. September 18, 2002. Hydric soils of the United States. Hurt, G.W., and L.M. Vasilas, editors. Version 6.0, 2006. Field indicators of hydric soils in the United States. National Research Council. 1995. Wetlands: Characteristics and boundaries. Soil Survey Division Staff. 1993. Soil survey manual. Soil Conservation Service. U.S. Department of Agriculture Handbook 18. http://www.nres.usda.gov/wps/portal/ nres/detail/national/soils/?cid=nres 142p2_054262 Soil Survey Staff. 1999. Soil taxonomy: A basic system of soil classification for making and interpreting soil surveys. 2nd edition. Natural Resources Conservation Service, U.S. Department of Agriculture Handbook 436. http:// www.nres.usda.gov/wps/portal/nres/detail/national/soils/?cid=nres142p2_053577 Soil Survey Staff. 2010. Keys to soil taxonomy. 11th edition. U.S. Department of Agriculture, Natural Resources Conservation Service. http:// www. nres.usda.gov/wps/portal/nres/detail/national/soils/?cid=nres142p2_053580 Tiner, R.W., Jr. 1985. Wetlands of Delaware. U.S. Fish and Wildlife Service and Delaware Department of Natural Resources and Environmental Control, Wetlands Section. United States Army Corps of Engineers, Environmental Laboratory. 1987. Corps of Engineers wetlands delineation manual. Waterways Experiment Station Technical Report Y-87-1. United States Department of Agriculture, Natural Resources Conservation Service. National forestry manual. http://www.nrcs.usda.gov/wps/portal/nrcs/detail/soils/ home/?cid=nres142p2_053374 United States Department of Agriculture, Natural Resources Conservation Service. National range and pasture handbook. http://www.nrcs.usda.gov/wps/portal/nrcs/ detail/national/landuse/rangepasture/?cid=stelprdb1043084 15 Custom Soil Resource Report United States Department of Agriculture, Natural Resources Conservation Service. National soil survey handbook, title 430-VI. http://www.nres.usda.gov/wps/portal/ nres/detail/soils/scientists/?cid=nres142p2_054242 United States Department of Agriculture, Natural Resources Conservation Service. 2006. Land resource regions and major land resource areas of the United States, the Caribbean, and the Pacific Basin. U.S. Department of Agriculture Handbook 296. http://www.nres.usda.gov/wps/portal/nres/detail/national/soils/? cid=nres142p2_053624 United States Department of Agriculture, Soil Conservation Service. 1961. Land capability classification. U.S. Department of Agriculture Handbook 210. http:// www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs142p2_052290.pdf 16 NOAA Atlas 14, Volume 8, Version 2 Location name: Hartsel, Colorado, USA* Latitude: 39°, Longitude: -105.7° Elevation: 8727.28 ft** * source: ESRI Maps ** source: USGS POINT PRECIPITATION FREQUENCY ESTIMATES Sanja Perica, Deborah Martin, Sandra Pavlovic, Ishani Roy, Michael St. Laurent, Carl Trypaluk, Dale Unruh, Michael Yekta, Geoffery Bonnin NOAA, National Weather Service, Silver Spring, Maryland PF tabular I PF graphical I Maps & aerials PF tabular pPDS-based point precipitation frequency estimates with 90% confidence intervals (in inches)1 Average recurrence interval (years) Duration 1 2 5 10 25 50 100 200 500 1000 5-min 0.182 (0.145-0.232) 0.223 (0.176-0.284) 0.301 (0.238-0.385) 0.377 (0.296-0.485) 0.500 (0.386-0.689) 0.608 (0.454-0.843) 0.728 (0.523-1.03) 0.862 (0.591-1.26) 1.06 (0.695-1.59) 1.22 (0.773-1.84) 10-min 0.267 (0.212-0.340) 0.326 (0.258-0.415) 0.440 (0.348-0.563) 0.552 (0.434-0.710) 0.732 (0.565-1.01) 0.890 (0.665-1.23) 1.07 (0.765-1.52) 1.26 (0.865-1.84) 1.55 (1.02-2.32) 1.79 (1.13-2.69) 15-min 0.326 (0.259-0.415) 0.397 (0.315-0.507) 0.537 (0.424-0.687) 0.674 (0.529-0.866) 0.893 (0.689-1.23) 1.09 (0.811-1.51) 1.30 (0.933-1.85) 1.54 (1.06-2.25) 1.89 (1.24-2.83) 2.18 (1.38-3.28) 30-min 0.427 (0.339-0.544) 0.563 (0.446-0.717) 0.797 (0.630-1.02) 1.00 (0.788-1.29) 1.31 (0.995-1.77) 1.56 (1.15-2.13) 1.82 (1.30-2.55) 2.10 (1.43-3.03) 2.48 (1.62-3.69) 2.79 (1.77-4.19) 60-min 0.515 (0.409-0.656) 0.689 (0.546-0.878) 0.979 (0.774-1.25) 1.23 (0.963-1.58) 1.58 (1.19-2.12) 1.86 (1.37-2.52) 2.14 (1.52-2.99) 2.44 (1.65-3.50) 2.84 (1.85-4.20) 3.15 (1.99-4.73) 2-hr 0.603 (0.483-0.759) 0.815 (0.652-1.03) 1.16 (0.926-1.47) 1.45 (1.15-1.84) 1.85 (1.41-2.43) 2.16 (1.60-2.88) 2.46 (1.76-3.38) 2.78 (1.90-3.93) 3.19 (2.10-4.65) 3.51 (2.24-5.20) 3-hr 0.652 (0.525-0.816) 0.861 (0.693-1.08) 1.21 (0.967-1.52) 1.49 (1.19-1.89) 1.89 2.20 (1.45-2.48) (1.65-2.93) 2.51 (1.81-3.43) 2.83 (1.95-3.97) 3.26 (2.15-4.71) 3.58 (2.30-5.26) 6-hr 0.759 (0.618-0.940) 0.960 (0.780-1.19) 1.29 (1.05-1.61) 1.57 (1.27-1.96) 1.97 2.28 (1.53-2.55) (1.72-2.99) 2.59 (1.89-3.49) 2.92 (2.03-4.04) 3.35 (2.24-4.78) 3.69 (2.40-5.35) 12-hr 0.921 (0.756-1.13) 1.10 (0.904-1.35) 1.41 (1.15-1.73) 1.68 (1.36-2.07) 2.06 (1.61-2.63) 2.36 (1.81-3.06) 2.67 3.00 (1.97-3.56) (2.12-4.11) 3.45 3.80 (2.34-4.86) (2.50-5.43) 24-hr 1.11 (0.924-1.35) 1.27 (1.06-1.54) 1.56 (1.28-1.89) 1.81 (1.48-2.20) 2.18 (1.74-2.77) 2.49 (1.93-3.20) 2.81 3.16 (2.10-3.71) (2.26-4.29) 3.65 4.05 (2.51-5.09) (2.69-5.69) 2-day 1.28 (1.07-1.53) 1.47 (1.23-1.76) 1.80 (1.50-2.16) 2.09 (1.73-2.52) 2.51 (2.02-3.14) 2.85 3.21 3.58 4.10 (2.23-3.61) (2.42-4.16) (2.58-4.77) (2.84-5.61) 4.50 (3.03-6.24) 3-day 1.41 (1.19-1.67) 1.63 (1.37-1.93) 1.99 (1.67-2.38) 2.31 (1.93-2.77) 2.77 (2.24-3.43) 3.14 3.52 3.92 4.47 (2.47-3.94) (2.67-4.52) (2.85-5.17) (3.11-6.06) 4.90 (3.32-6.73) 4-day 1.53 (1.29-1.81) 1.76 2.15 (1.49-2.08) (1.81-2.55) 2.49 (2.09-2.97) 2.98 3.36 3.76 4.18 4.76 (2.41-3.67) (2.66-4.20) (2.87-4.81) (3.05-5.49) (3.33-6.41) 5.21 (3.54-7.11) 7-day 1.85 (1.58-2.17) 2.11 2.55 (1.80-2.47) (2.17-3.00) 2.93 (2.47-3.45) 3.46 3.89 4.32 4.78 5.39 (2.83-4.22) (3.10-4.79) (3.32-5.46) (3.51-6.19) (3.81-7.17) 5.87 (4.03-7.92) 10 -day 2.13 (1.82-2.47) 2.42 (2.07-2.81) 2.91 (2.48-3.39) 3.32 (2.82-3.89) 3.90 (3.20-4.71) 4.36 (3.49-5.34) 4.83 (3.73-6.05) 5.31 (3.93-6.83) 5.97 (4.24-7.87) 6.47 (4.47-8.66) 20-day 2.86 (2.48-3.29) 3.26 (2.82-3.75) 3.92 (3.38-4.51) 4.46 (3.82-5.15) 5.20 (4.30-6.17) 5.77 (4.66-6.94) 6.34 (4.94-7.80) 6.91 (5.16-8.72) 7.67 (5.50-9.93) 8.24 (5.76-10.9) 30-day 3.45 (3.00-3.93) 3.93 (3.42-4.49) 4.72 (4.09-5.39) 5.35 (4.61-6.14) 6.20 (5.15-7.29) 6.85 (5.56-8.15) 7.47 (5.86-9.10) 8.09 (6.08-10.1) 8.89 (6.42-11.4) 9.48 (6.67-12.4) 45-day 4.17 (3.66-4.72) 4.76 (4.17-5.39) 5.68 (4.96-6.45) 6.41 (5.56-7.31) 7.37 (6.14-8.56) 8.07 (6.58-9.51) 8.73 (6.88-10.5) 9.38 (7.07-11.6) 10.2 (7.38-12.9) 10.7 (7.60-13.9) 60-day 4.79 5.45 6.47 (4.21-5.39) (4.79-6.14) (5.67-7.30) 7.26 (6.33-8.23) 8.28 (6.92-9.54) 9.01 9.68 10.3 11.1 11.6 (7.37-10.5) (7.65-11.6) (7.80-12.6) (8.04-13.9) (8.23-14.8) 1 Precipitation frequency (PF) estimates in this table are based on frequency analysis of partial duration series (PDS). Numbers in parenthesis are PF estimates at lower and upper bounds of the 90% confidence interval The probability that precipitation frequency estimates (for a given duration and average recurrence interval) will be greater than the upper bound (or less than the lower bound) is 5%. Estimates at upper bounds are not checked against probable maximum precipitation (PMP) estimates and may be higher than currently valid PMP values. Please refer to NOAAAtIas 14 document for more information. Back to Top Precipitation depth (in) PF graphical PDS-based depth -duration -frequency (DDF) curves Latitude: 39.0000°, Longitude: -105.7000° 5 10 25 50 100 200 NOAA Atlas 14, Volume 8, Version 2 Average recurrence interval (years) 500 1000 Created (GMT): Tue Jun 2 21:10:40 2020 Back to Top Average recurrence ;Norval (years) — -- 2 5 — 10 — 25 — 50 — 100 — 200 — 500 — 1000 Duration — 5- nln — 2-day — 10anln — 3-day 15-rnin — 4-day — 30-min — 7-day — 60-rnln — 10-day — 2-hr — 20-day — 3-hr — 30-day 6-hr — 45-day — 12-hr — 60-day — 24-hr Maps & aerials Small scale terrain Large scale terrain Large scale map Longmont Boulder 0 Colorado ,Springs Larae scale aerial ongm on • Boulder Colorado Colorado Springs Back to Top US Department of Commerce National Oceanic and Atmospheric Administration National Weather Service National Water Center 1325 East West Highway Silver Spring, MD 20910 Questions?: HDSC.Questions@noaa.gov Disclaimer �x• • // r40"—wo ti PROPERTY BOUNDARY o 4,, o G 1/// EQUIPMENT PAD / / /f/ / \ off, / / j 1 i /////* i / ) /////, / ./ , , i �/ ' i /// i , /A )ii 1 / / ///,4" 2 I I I l/ �� // 2 i,1 1//(/off/� I�1 *\ ( l 1 /� / A \'1 1 I // \ / \ ,- /: ) / -' / \ \/ , \/\ \ I I I I i((:)>, �./V /� .i ) . ' /1/ / // N/ COUNTY PARCEL NO. 240927300114 BRIAN BRAY AND NATHAN PORTER 875 26 ROAD GRAND JUNCTION, CO. 81506 mi s'ol000s, ELLS _ 7 / / / SOLAR ARRAY (TYP) 4`vt\e( PIVOT 3 SOLAR GARDEN PARCEL: 240923300098 OWNER: STRAIT BOTTOM RANCH AREA: 0.46 ACRES 16.221% 7 7 t7 .117" / I I I / I � /'/// (i( I / / / 7"1"" ( S SOLAR GARDEN PERIMETER FENCE ti ■ PIVOT 1 SOLAR GARDEN PARCEL: 240923300098 OWNER: STRAIT BOTTOM RANCH AREA: 5.04 ACRES cb 4 r J } • • i COUNTY PARCEL NO. 240923300098 STRAIT BOTTOM RANCH, LLLP P.O. BOX 26 WOODY CREEK, CO. 81656-0026 N N r Tr • R I /46414/ f F= PIVOT - SOLAR 3 EXISTING VS. PROPOSED CONDITIONS DRAINAGE AREA MAP STRAIT BOTTOM RANCH, PARACHUTE, CO LEGEND x x x >0/L''C, --------------- NOTES PROPERTY BOUNDARY EDGE OF PAVEMENT (EOP) EXISTING EASEMENT EDGE OF PAVEMENT (EOP) SOLAR GARDEN PERIMETER FENCE (DECORATIVE GAME FENCE) SOLAR PANEL ARRAY PROPOSED 20' GRAVEL ACCESS DRIVEWAY BASIN BOUNDARY EX 5' CONTOUR EX 1' CONTOUR BASIN IDENTIFICATION IMPERVIOUSNESS AREA (ACRES) 1. THIS DRAINAGE MAP AND THE INFORMATION CONTAINED WITHIN IN ASSOCIATION WITH THE PIVOT SOLAR 3 DRAINAGE NARRATIVE AND LAND USE CHANGE PERMIT REVIEW PLANS. BASIN SUMMARY Basin Area (acres) (cfs) Qioo (cfs) Comments X1 16.98 0.54 34.50 Basin in existing condition Al 16.98 0.65 34.68 Basin in proposed condition 1Q(cfs)= 0.10 0.18 Change in peak runnoff 0' 40 80 SCALE: 1"=80' 160 SHEET 1 OF 1 ENERT/A 0 • • CONSULTING 'IN • • • • • • • GROUP Mountain Solar 3 IMPERVIOUSNESS SUMMARY By: BSC Date: 2-Jun-20 Basin Total Area (sf) Total Area (ac) Concrete Pad Area (sf) Gravel Area (sf) Roof Area (sf) Concrete Walks (sf) Vegetated Open S pace (sf) Composite Imperviousness (%) PROPOSED ONSITE BASINS X1 739,527 16.98 0 12,060 0 0 727,467 2.6% Al 739,527 16.98 728 19,976 0 0 718,823 3.1% UDFCD Table 6-3. Recommended Percentage Imperviousness Values Land Use or Surface Characteristics Percentage Imperviousness (%) Concrete Pad 100% Gravel 40% Roofs 90% Walks 90% Vegetated Open Space 2% BY: DATE: CHECKED BY: BSC 2-Jun-20 BSC STANDARD FORM SF-2 TIME OF CONCENTRATION PROJECT: Mountain Solar 3 JOB NUMBER: LAND USE CHANGE NRCS SOIL TYPE: TYPE C SUB -BASIN DATA INITIAL TIME (Ti) (UDFCD Eq. 6-3) TRAVEL TIME (Tt) (UDFCD Eq. 6-4) Tc URBANIZED CHECK (UDFCD Eq. 6-5) FINAL T, REMARKS MINOR BASIN AREA ac C5 LENGTH ft SLOPE % T; LENGTH ft SLOPE % K VEL. fps Tt COMP. T, TOTAL LENGTH SLOPE % COMP. T, MIN C2 C5 C100 Imperv. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) PROPOSED CONDITION BASINS X1 16.98 0.07 50 3.0% 9.2 1042 5.0% 5.0 1.1 15.5 24.7 UNURBANIZED 24.7 0.02 0.07 0.52 2.6% Al 16.98 0.08 50 3.0% 9.2 1042 5.0% 5.0 1.1 15.5 24.7 UNURBANIZED 24.7 0.03 0.08 0.52 3.1% Equation Summary (6) Ti = (0.395(1.1-05)03) /S°33 (10) V = K*S° S (11) Tt = Lt/(60Vt) (12)Tc=Ti+Tt (15) Tc = (18-15i)+Lt/(60(24i+12)S° 5) (17) Per Table 6-4 (18) Per Table 6-4 (19) Per Table 6-4 UDFCD Eq. 6-3 UDFCD Eq. 6-4 UDFCD Eq. 6-4 UDFCD Eq. 6-2 (Use a Time of 5 if (12) produces lesser Tc) UDFCD Eq. 6-5 (In urban catchments, choose the lesser of (12) and (15)) UDFCD Table 6-2. NRCS Conveyance Factors, K Type of Land Surface Conveyance Factor, K Heavy meadow 2.5 Tilage/Field 5 Short Pasture and Lawns 7 Nearly Bare Ground 10 Grassed Waterway 15 Paved Areas 20 Table 6-4. Runoff coefficient equations based on NRCS soil group and storm return period NRCS Soil Group Storm Return Period 2-Year 5-Year 10-Year 25-Year 50-Year 100-Year A CA = 0-89i CA = 0.93i CA = 0.941 CA = 0.944i CA = 0-95i CA = 0_81 i + 0.154 13 Ca = 0.89i CB - 0.93i CB = 0.81 i + 0.125 CB = 0.70i + 0.23 Ca = 0.59i + 0.364 CB = 0.49i + 0.454 CID Ccro = 0.891 Cup = 0.87i + 0.052 Cur, = 0.74i + 0.2 Cc, = 0.64i + 0.31 CCM = 0.54i + 0.418 Con = 0.45i + 0.508 CALCULATED BY: BSC DATE: 2-Jun-20 CHECKED BY: BSC STANDARD FORM SF-3 PEAK BASIN RUNOFF CALCULATIONS (RATIONAL METHOD PROCEDURE) Pi= 0.78 PROJECT: Mountain Solar 3 JOB NUMBER: Land Use Change DESIGN STORM: 2-YEAR DIRECT RUNOFF TOTAL RUNOFF PIPE OVERLAND TRAVEL TIME REMARKS DESIGN POINT AREA DESIG. AREA (Ac) RUNOFF COEFF. tc (min) CA (Ac) I (in/hr) Q (cfs) tc CA I Q AREA C Flow (cfs) Slope (%) Size (in) Velocity (fps) K Slope (%) Velocity (fps) Length (ft) tt (min) (min) (Ac) (in/hr) (cfs) (Ac) Composite PROPOSED CONDITION BASINS X1 , , .11 24.7 0.40 1.37 0.5 Al 17.0 0.03 24.7 0.47 1.37 0.6 CALCULATED BY: BSC DATE: 2-Jun-20 CHECKED BY: BSC STANDARD FORM SF-3 PEAK BASIN RUNOFF CALCULATIONS (RATIONAL METHOD PROCEDURE) Pi= 2.23 PROJECT: Mountain Solar 3 JOB NUMBER: Land Use Change DESIGN STORM: 100-YEAR DIRECT RUNOFF TOTAL RUNOFF PIPE OVERLAND TRAVEL TIME REMARKS DESIGN POINT AREA DESIG. AREA (Ac) RUNOFF COEFF. tc (min) CA(min) (Ac) 1-1 (in/hr) Q (cfs) tc CA I Q AREA C Flow (cfs) Slope (%) Size (in) Velocity (fps) - K Slope (%) Velocity (fps) Length (ft) tt (min) (Ac) (in/hr) (cfs) (Ac) Composite PROPOSED CONDITION BASINS X1 17.0 0.52 24.7 8.82 3.91 34.5 Al 17.0 0.52 24.7 8.86 3.91 34.7 BASIN SUMMARY Basin Area (acres) (cQfs) (Qcfs) Comments X1 16.98 0.54 34.50 Basin in existing condition Al 16.98 0.65 34.68 Basin in proposed condition AQ (cfs)= 0.10 0.18 Change in peak runnoff Major Impact Review- Land Use Change Permit Solar Energy System - Large Pivot Solar 1 and Pivot Solar 3 Projects Tax Parcel No. 240923300098 Section 5: Landscaping and Revegetation pivotenergy.net ► Pivot y Energy Major Impact Review: Pivot Solar 1 and Pivot Solar 3 Projects (parcel no. 240923300098) Site Landscapinn Solar energy facilities are low -profile, unobtrusive developments with very little impact to the surrounding lands or uses. While visible from the property lines, there is little in the profile or nature of the solar array once installed that would result in negative impacts to property. Distance from surrounding uses is typically sufficient to allow for any mitigation of the installation. In the case of this project, the solar facility will be sited on vacant land with plenty of distance to either nearby rights -of -way or residences. At its closest point, the solar array will be approximately 150ft from the edge of the right-of-way for Old Highway 6, and at least 400ft or more from the nearest residence. At such distances, visual impact from the installation is deemed to be negligible. Applicant is proposing to install an 8ft tall, wildlife -friendly game fence around the facility as detailed in the Site Plan Details in Section 3. This will serve to soften the visual impact of the installation and will present a less industrial aesthetic than standard chain link fencing while meeting electrical code and operational safety requirements. The proposed fencing is very similar in nature to the typical wildlife fencing employed by Colorado Department of Transportation along public rights -of - way in the area, and as such will not look out of place. Applicant is not proposing any additional screening or landscaping measures due to the distance of the solar array from the neighboring uses. Weed Management Consultation with County Staff identified no need for a site -specific Weed Management Plan due to the lack of plant species listed as noxious weeds observed on the site. Re -Vegetation Plan Applicant has commissioned a site -specific re -vegetation plan for the stabilization and ongoing maintenance of the soils and the site landscaping during operations. This plan is detailed on the following pages. pivotenergy.net Revegetation Plan Approximately 15.5 Acres within Section 27, Township 7 South, Range 96 West Garfield County, Colorado 81635 Prepared for: t irPAEnergy 1750 15th Street Suite 400 Denver, Colorado 80202 WESTERN ENVIRONENT AND ECOLOGY, INC. 2217 West Powers Avenue Littleton, Colorado 80120 (303) 730-3452 (303) 730-3461 (fax) westernenvironment.com Revegetation Plan Approximately 15.5 Acres within Section 27, Township 7 South, Range 96 West Garfield County, Colorado 81635 Western Environment and Ecology, Inc. Project Number: 750-033-03 Prepared by: August 3rd, 2020 Prepared for: Pivot j► Energy 1750 15th Street Suite 400 Denver, Colorado 8020; • • WESTERN ENVIROINTMENTT STD ECOLOGY, 1NrC. 2217 West Powers Avenue Littleton, Colorado 80120 (303) 730 3452 (phone) (303) 730-3461 (fax) www.westernenvironment. com TABLE OF CONTENTS 1.0 INTRODUCTION 2.0 SITE DESCRIPTION 1 2 2.1 Location 2 2.2 Topography and Soils 2 2.3 Climate 2 2.4 Ecosystem and Vegetation 5 3.0 REVEGETATION TECHNIQUES 6 3.1 Site Preparation 6 3.2 Seeding 6 3.3 Post Revegetation 7 4.0 LITERATURE CITED 8 FIGURES FIGURE 1 Site Location Map 3 FIGURE 2 Site Map showing Disturbance Areas 4 TABLES TABLE 1 Winter and Fall Seed Application 7 TABLE 2 Spring and Summer Seed Application 7 Revegetation Plan- Approximately 15.5 Acres within S 27, T 7 S, R 96 W, Garfield County, Colorado Page -1- 1.0 INTRODUCTION Western Environment and Ecology, Inc. (Western Environment) was retained by Mr. Luke Rickard, Project Development Director for Pivot Energy, to develop a revegtation plan for approximately 15.5 acres within Section 27, Township 7 South, Range 96 West, Garfield County, Colorado. Mr. Rickard indicated that this revegetation plan was in response to acquiring a permit from Garfield County for the planned construction of a solar array. According to the Garfield County Assessors Office, the subject property is currently owned by Strait Bottom Ranch, LLLP. Site view to southwest WESTERN ENVIRONMENT AND ECOLOGY, INC. Revegetation Plan- Approximately 15.5 Acres within S 27, T 7 S, R 96 W, Garfield County, Colorado Page -2- 2.0 SITE DESCRIPTION 2.1 Location This Revegetation Plan was conducted for 15.5 acres within a larger 142.67 acre parcel. The project site is comprised of northern and southern development sites divided latitudinally by a gravel access road. The northern and southern sites total 5.04 and 10.46 acres respectively. The property is located within Section 27, Township 7 South, Range 96 West, Garfield County, Colorado (Figure 1). The vacant project site is approximately 500 feet southeast from Interstate 70, mile marker 71. The property is surrounded by vacant land to the north, Kelly Gulch to the south, Old US Highway 6 to the east, and vacant land to the west. 2.2 Topography and Soils The site occurs at an elevation of approximately 5094 feet (USGS Parachute 7.5 Minute Quadrangle, 2019). The topography is generally flat, with a gradual slope to the southwest toward Kelly Gulch. Geology includes Quarternary gravels and alluviums overlying the Wasatch and Ohio Creek Formations (Tweto, Ogden, 1979). The National Resource Conservation Service (NRCS) classifies to soils as Arvada loam on 6 to 20 percent slopes. Arvada loam is a deep, well drained soil formed in highly saline alluvium derived from sandstone and shale. The surface layer is three inch thick loam. The subsoil is 14 inch thick brown silty clay loam, and the substratum is silty clay loam to a depth of 60 inches. Organic matter content of the surface layer is low. Permeability is very slow and available water capacity is high. Surface runoff is moderately rapid, and the erosion hazard is severe (NRCS, 1985) 2.3 Climate The Colorado Department of Transportation (CDOT) ecological type for Highway 70 / mile marker 71 characterizes the site as intermountain, with mid -elevation, average precipitation, and hot temperature. The annual precipitation is 14 inches primarily occurring in the winter and spring. The annual temperature is approximately 48 degrees F, with an average frost -free period of 120 days (NRCS, 1985). WESTERN ENVIRONMENT ANFD ECOLOGY, INC. USGS Parachute Quadrangle, 7.5-Minute Series, 2019 Approximate Scale in Miles 0 0.25 0.5 W ESTER N ENVIRONMENT AND ECOLOGY, INC. 2217 West Powers Avenue Littleton, Colorado 80120 Figure 1 - Project Location Map Approximately 15.5 acres within Section 27, Township 7 South, Range 96 West Garfield County, Colorado 81635 Google Earth, June 17th, 2019 0 Approximate Scale in feet 500 1000 W ESTER N ENVIRONMENT AND ECOLOGY, INC. 2217 West Powers Avenue Littleton, Colorado 80120 Figure 2 - Site Map showing Disturbance Areas Approximately 15.5 acres within Section 27, Township 7 South, Range 96 West Garfield County, Colorado 81635 Revegetation Plan- Approximately 15.5 Acres within S 27, T 7 S, R 96 W, Garfield County, Colorado Page -5- 2.4 Ecosystem and Vegetation The site is characterized as an Inter -Mountain Basin Greasewood Flat. This ecological system typically occurs near drainages on stream terraces and flats. Sites typically have saline soils, a shallow water table and flood intermittently, but remain dry for most growing seasons. The water table remains high enough to maintain vegetation, despite salt accumulations. This system usually occurs as a mosaic of multiple communities, with open to moderately dense shrublands dominated or codominated by Sarcobatus vermiculatus. In high salinity areas, greasewood often grows in nearly pure stands, and on less saline sites, it commonly grows with other shrub species and typically has a grass understory (Nature Serve Explorer, 2020). According to the 1985 NRCS soil series description for Arvada loam, 6 to 20 percent slopes, the native vegetation on this soil is primarily sagebrush (Artemisia tridentata), greasewood (Sarcobatus vermiclatus), western wheatgrass (Pascopyrum smithii), and tall wheatgrass (Thinopyrum ponticum). A General Ecological and Cultural Resources Survey (Western Environment Project #750-033-02), performed on March 3', 2020, included the southern 10.46 acre parcel of the subject property. According to the survey, the vegetation on the site consists of cheatgrass (Bromus tectorum) and sagebrush (Artemisia tridentata) with a sparse population of tumble mustard (Sisymbrium altissimum). Cheatgrass (Bromus tectorum) is on List C of Colorado Noxious Weeds, effective June, 2020. Based on aerial imagery and photos of the site, bare ground comprises approximately 50-60% of the property. WES ERN ENVIRONMEN! AND ECOLOGY, INC. Revegetation Plan- Approximately 15.5 Acres within S 27, T 7 S, R 96 W, Garfield County, Colorado Page -6- 3.0 REVEGETATION TECHNIQUES 3.1 Site Preparation Revegetation activities will be carried out following the solar array installation. Minimal disturbance, approximately 0.22 acres, as reported in Enertia Consulting Group's June 3rd, 2020 Drainage Narrative to the Garfield County Community Development Depaitnient (see Figure 2), is expected to occur as a result of the installation. The site is currently 40-50% vegetated, with 50- 60% bareground. Management of the List C Colorado Noxious Weed, cheatgrass (Bromus tectorum), is not recommend prior to the revegetation of native species. Western Environment expects its prevalence to decrease as native vegetation becomes established. Also, it is our recommendation that no soil amendments be added, or soil decompaction occur in preparation for revegetation. In areas accessible by equipment, the soil surface will be prepared for seeding using a tine harrow pulled by an ATV or small UTV. Harrowing will provide an appropriate seed bed and enhance seed -soil contact. Areas inaccessible by equipment will be raked by hand, as required. Minimal mixing of the topsoil with high pH and sodic subsoils should occur (Garfield County Records, 2017). 3.2 Seeding Seed broadcast on the site using a small ATV -mounted spreader, or by hand as possible, at a rate of 80 Pure Live Seed (PLS) / square foot. This should be done as soon as harrowing and raking have occurred to minimize erosion and weed establishment (Colorado Natural Areas Program, 1998). The Colorado Department of Transportation (CDOT) Native Seed Calculator was utilized in preparation of this Revegetation Plan. This tool only contains native plant species that are also commercially available. Based upon the temperature and precipitation, the site falls within the "Hot Average" CDOT category. However, due to the proposed use Western Environment choose plant species that grow less than four feet and are shade tolerant. Although natural native vegetation would not cover the entire site, CDOT Landscape Architects recommend 80 PLS per square foot. The calculator is based upon that ratio. WESTERN ENVIRONMENT AND ECOLOGY, INC. Revegetation Plan- Approximately 15.5 Acres within S 27, T 7 S, R 96 W, Garfield County, Colorado Page -7- For planting in the winter, fall, or spring, the following seed mix tables with application rate in terms of PLS per acre are recommended. Seed application is dependant upon whether the species grows most abundantly in the cool season or warm season. Western Environment recommends one of the Seed Applications listed below, depending on the planting season. Western Environment does not recommend seeding in summer. Common Name Scientific Name Lbs. PLS per Acre Black oats Avina sativa 2.5 Fringed brome Bromus ciliatus 7.2 Prairie junegrass Koeleria macrantha 0.8 Totals 10.5 Table 1. Winter or Fall Seed Application Common Name Scientific Name Lbs. PLS per Acre Black oats Avina sativa 2.5 Cane bluestem Bothriochloa barbinodis 2.3 Switchgrass Panicum virgatum Grenville 6.6 Totals 11.4 Table 2. Spring Seed Application 3.3 Post Revegetation For optimal germination, the project site should be harrowed and raked following seed application (See methods in 3.1 Site Preparation). Mulching is not recommended. Monitoring for problems including poor germination and weeds is recommended to assure an successful project. Integrated weed management (IWM) techniques should be performed if weeds become a problem on the site. IWM incorporates a combination of two or more control methods, to eliminate weeds and promote the growth of native species. These techniques include prevention, eradication, and control. Biological, chemical, cultural, and mechanical constitute the different methods of weed control. WESTERN ENVIRONMENT ANFD ECOLOGY, INC. Revegetation Plan- Approximately 15.5 Acres within S 27, T 7 S, R 96 W, Garfield County, Colorado Page -8- 6.0 LITERATURE CITED Colorado Department of Agriculture. Colorado Noxious Weed (including Watch List), effective June, 2020. Retrieved from: https://www.colorado.gov/pacific/agconservation/ noxious -weed -species Colorado Department of Transportation. Native Seed Calculator. Retrieved from: https://www. codot. gov/programs/environmental/landscape-architecture/native-seed-calculator Colorado Natural Areas Program. October 1998. Native Plant Revegetation Guide for Colorado, Caring for Land Series, Volume III. Retrieved from: https://cpw.state.co.us/Documents /CNAP/RevegetationGuide.pdf Garfield County Records. 2017. Microgrid Energy Revegetation Plan for the Ziegler Solar Garden Site. Prepared By Habitat management. Retrieved from: https://records. garfield-county.com/WebLink/0/edoc/3651135/05.1 %20Reveg%20Plan.pdf Nature Serve Explorer. 2020. Terrestrial Ecological System, Inter -Mountain Basins Greasewood Flat. Retrieved from: https://explorer.natureserve.org/Taxon/ELEMENT_GLOBAL .2.722892/Inter-Mountain Basins Greasewood Flat NRCS. May 1985. Soil Survey of Rifle Area, Colorado, Parts of Garfield and Mesa Counties. Retrieved from: https://www.blogs.nres.usda.gov/Internet/FSE_MANUSCRIPTS/ colorado/CO683/0/rifle.pdf WESTERN ENVIRON -ter ENT ANFD ECOLOGY, INC. Pivot Energy Major Impact Review- Land Use Change Permit Solar Energy System - Large Pivot Solar 1 and Pivot Solar 3 Projects Tax Parcel No. 240923300098 Section 6: Impact Analysis pivotenergy.net �''� t �I�Energy Major Impact Review: Pivot Solar 1 and Pivot Solar 3 Projects (parcel no. 240923300098) Impact Analysis Adjacent Land Use The property immediately adjacent to the proposed solar array installation is vacant, with some oil and gas extraction facilities already installed and operating on the property. On the neighboring parcels, land is mostly vacant with Old Hwy 6 to the south and southeast; and Interstate 70 to the north and northeast. Beyond Old US Hwy 6 there is a railroad, and the Colorado River. There are two rural residences on the neighboring land to the southwest. Site Features Subject parcel's physical features are primarily dominated by two drainages; Kelly Gulch which borders the site to the West/Southwest and drains to the Colorado River after passing under Old US Hwy 6, and an unnamed drainage well to the northeast of the proposed project sites which collects drainage from the Interstate 70 corridor and also drains to the Colorado River after passing under Old US Hwy 6. 100-year floodplain maps for this area are not available, but the proposed solar array areas do not show signs of recent flooding. The existing topography is generally flat, with a gentle south-western slope toward Kelly Gulch. These conditions are suitable for the proposed use and leveling or grading of the solar array areas is not necessary; the existing topographical conditions will be maintained. Solar arrays will be located well outside the Kelly Gulch drainage channel and more than 35ft from the water flow line as shown on the proposed Site Plans, with no stormwater impact expected to either drainage onsite as discussed in the Drainage Report included with this application. The proposed solar arrays will be sited between the two onsite drainages on higher ground. Vegetative cover currently consists primarily of cheatgrass and sagebrush which will be replaced with native, low -growth, drought - tolerant ground cover species upon completion of construction and re -vegetation. The climatology for the area is primarily dry with very good insolation which is ideal for solar energy production. Soil Characteristics Applicant commissioned a geotechnical investigation of the site soils in May of 2020, which consisted of 11 borings to a depth of between 12 and 20 feet below the surface. Subsurface conditions were relatively consistent, with borings showing approximately 1 foot of topsoil above medium dense to dense clayey sand. No subsurface ground water was encountered at the time of the inspection. These soil and groundwater conditions are suitable for the proposed development. Geology and Hazard The project occurs at an elevation of approximately 5,055 to 5,100 feet above sea level. NRCS classifies the soil as Arvada Loam on 6 to 20 percent slopes, and the Geology includes Quaternary Age gravels and alluviums overlying the Wasatch and Ohio Creek formations. No natural or manmade hazards have been observed within the proposed solar array areas. Such factors are not considered to have any negative effect on the proposed use. Groundwater and Aquifer Recharge Area The subject parcel is not considered to be located within a designated aquifer recharge area and no groundwater was encountered in any of the geotechnical borings conducted onsite. This facility will be unmanned and will generate no waste or sewage effluents during operations. The site will remain mostly unchanged from a surface permeability standpoint and there will be no long-term storage of materials or chemicals onsite which might be considered to be risk factors for surface runoff pollution. Portable toilet facilities will be provided for crews during construction and all construction waste will be collected, hauled offsite and disposed of responsibly. As discussed in the Drainage Report, this project is not considered to have any impact to stream flow. Environmental Impacts - Flora and Fauna Impacts to flora and fauna are considered both in the short-term (during and immediately after construction) and long-term (throughout the operations period). In March 2020 the proposed site was walked by a wildlife scientist and evaluated for the potential nexus of habitat for Federally or State listed threatened or endangered (T&E) species. No T&E fauna species habitat was identified, and no T&E species were encountered during the onsite pivotenergy.net Pivot -,4fr Energy Major Impact Review: Pivot Solar 1 and Pivot Solar 3 Projects (parcel no. 240923300098) observation periods. The site is potentially within 600 feet of a known bald eagle roost site, although there is not believed to be direct line of sight from the roost site to the project site. Bald eagles are listed as a threatened species with the State of Colorado. No additional nexus for T&E species habitat was uncovered, and none such species were observed to occur onsite. There was no known nexus between the project site and crucial habitat for T&E flora species, and none such species were observed to occur on the site. In general, the proposed installation is expected to generate some minor impact to the established flora onsite during construction, which will be re- seeded with a low -growth seed mix consisting of native and drought -tolerant species. The construction period will be managed to minimize immediate impacts to flora and fauna. If necessary, some of the larger sage brush will be removed to allow for the construction of the solar arrays and associated roads and equipment pads. Otherwise the existing grade, and surface vegetation, will be left in place during construction and over -seeded with the recommended seeding mix once construction is complete. The Colorado Division of Parks and Wildlife (CPW) has published guidelines for development in proximity to bald eagle nests which preclude conducting development activities between November 15th and March 15th, which Applicant will observe to minimize the impact of such activities on the roost. Additionally, Applicant will work closely with CPW prior to mobilization to site and will incorporate any additional recommendations CPW may have into the work plan. In the long-term, impacts to local flora and fauna will be negligible. The selection of native species for over -seeding within the fence line will serve to raise the level of diversity of the flora onsite, which is currently dominated by sagebrush and cheatgrass. The perimeter fence mesh will be wide enough to allow for the passage of small fauna (reptiles and rodents) through the project area. Additionally, the sites will allow for passage around the perimeter fence by large fauna (deer etc.) in any direction, thus mitigating any potential impact to movement across the land. CPW guidelines call for the restriction of periodic visits to between the hours of 10am and 2pm between November 15th and March 15th, and Applicant will incorporate this recommendation as well as any others received under consultation with CPW into the operations plan for the facility. Nuisance Solar installations of this kind are generally not considered to cause nuisance. Applicant will use best practices to manage dust during construction and any noise or vibration generated during construction is likely to cause minimal impact to adjacent lands due to the significant setback distances of the solar array from the property line. During operation, the facilities will be unmanned and will operate quietly and automatically with only infrequent maintenance visits. Impact to adjacent land due to vapor, dust, smoke, noise, glare or vibration during the operational phase is considered to be negligible. Hours of Operation During construction, onsite activity is largely expected to take place between the hours of 7am to 5pm, Monday to Saturday. Construction activities are not proposed outside of these hours. During operation, the unmanned facility will be operational during daylight hours and will cease operations shortly after sunset each day. pivotenergy.net Pivot -,4fr Energy Major Impact Review: Pivot Solar 1 and Pivot Solar 3 Projects (parcel no. 240923300098) Bald Eagle Buffer Zone Map pivotenergy.net Phase I Environmental Site Assessment Approximately 25 acres within Section 27, Township 7 South, Range 96 West Garfield County, Colorado 81635 Prepared for: ►'-yivot Energy 1750 15' Street Suite 400 Denver, Colorado 80202 WESTERN ENVIRONENT AND ECOLOGY, INC. 2217 West Powers Avenue Littleton, Colorado 80120 (303) 730-3452 (303) 730-3461 (fax) westernenvironment.com Phase I Environmental Site Assessment Approximately 25 acres within Section 27, Township 7 South, Range 96 West Garfield County, Colorado 81635 Western Environment and Ecology, Inc. Project Number: 750-033-01 March 12`'', 2020 Prepared For: Pivot Energy 1750 15th Street Suite 400 Denver, Colorado 80202 Prepared by: Brian Kraus Staff Scientist Rev Greg S4erman, P.G. President WESTERN ENVIRONMENT AND ECOLOGi '1, I,NCJ. 2217 West Powers Avenue Littleton, Colorado 80120 (303) 730-3452 (303) 730-3461 (fax) westernenvironrnent.com TABLE OF CONTENTS 1.0 INTRODUCTION 1 2.0 SITE DESCRIPTION 5 3.0 RECORDS REVIEW 7 3.1 Results 8 3.2 Aerial Photography Review 8 3.3 Topographic Maps 9 3.4 Governmental Inquiries 9 3.5 Colorado Oil and Gas Conservation Commission 9 4.0 SITE INSPECTION 5.0 CONCLUSIONS 5.1 Deviations FIGURES 10 12 12 FIGURE 1 PROJECT LOCATION MAP 3 FIGURE 2 SITE MAP 4 APPENDICES APPENDIX A APPENDIX B APPENDIX C APPENDIX D References List Aerial Photography Documentation Supporting Documentation Western Environment and Ecology, Inc, Statement of Qualifications Phase I Environmental Site Assessment - Approx 25 Acres S27, T7S, R96W Garfield County, Colorado 81635 Page -1- 1.0 INTRODUCTION The purpose of a Phase I Environmental Site Assessment is to identify, to the extent feasible, recognized environmental conditions associated with the subject property. A Phase I Environmental Site Assessment has four components: Records Review, Site Reconnaissance, Interviews, and a Report. These specific activities are further defined by the American Society for Testing and Materials (ASTM 1527-13, Standard Practice for Environmental Site Assessments; Phase I Environmental Site Assessment Process, December, 2013). The U.S. Environmental Protection Agency issued a final rule governing "All Appropriate Inquiries" (AAI) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) on November 1st, 2006 (40 C.F.R. Part 312). The EPA has determined that a Phase I Environmental Site Assessment prepared in accordance with ASTM 1527-13 meets the AAI requirements. The following document was prepared at the request of Mr. Luke Rickard, Director of Project Development for Pivot Energy. Mr. Rickard indicated that this report was in response to the potential lease of the property for a solar array. According to the Garfield County Assessors Office, the subject property is currently owned by Strait Bottom Ranch, LLLP. On January 10th, 2020, Western Environment sent an User Questionnaire to Mr. Rickard and requested that he forward the Owner Questionnaire to the current owner of the site. These questionnaires request information on previous Phase I Assessments performed on the subject property and any data regarding environmental issues, liens, covenants, hazardous material spills or releases. On February 10th, 2020, Mr. Rickard returned the User Questionnaire stating that he had no knowledge of any environmental issues associated with the site but indicated the "presence of oil and gas extraction near by." On February 20th, 2020, Mr. Coulter Young representing Strait Bottom Ranch LLLP, returned the Owner Questionnaire stating past usage was agricultural and that he is unaware of any environmental issues associated with the site. WE: TERN EN trMONMENT AND ECOLOGY, INC. Phase I Environmental Site Assessment - Approx 25 Acres S27, T7S, R96W Garfield County, Colorado 81635 Page -2- 2.0 SITE DESCRIPTION This Phase I Environmental Site Assessment was conducted for an approximately 25 acre project site within a larger 142.67 acre parcel. The subject property is located within Section 27, Township 7 South, Range 96 West, Garfield County, Colorado approximately 3.0 miles west of Parachute, Colorado (Figurel). The project site, currently vacant, is approximately 6,500 feet southwest of the intersection of Interstate 70 and Old US Highway 6. The property is surrounded by vacant land to the northwest Kelly Gulch to the southwest, Old US Highway 6 to the southeast, and vacant land to the northeast. An petroleum production facility (Bosely SG well cluster) is adjacent to the northwest. Two single family residences are present to the south approximately 270 feet and 450 feet. The Union Pacific Railroad and the Colorado River are located approximately 290 feet and 430 feet to the east, respectively. Interstate Highway 70 is approximately 480 feet to the west (Figure 2). The site is within Xcel Energy service area no municipal water or sewer districts services the site. The project occurs at an elevation range of approximately 5,055 to 5,100 feet above sea level (USGS Parachute 7.5 Minute Quadrangles, 2019). The topography is generally flat, with a gradual slope to the southwest toward the Kelly Gulch an intermittent drainage that connects to the Colorado Rives southeast of the project. The National Resource Conservation Service (NRCS) classifies the soils as Arvada loam on 6 to 20 percent slopes. Geology includes Quaternary Age gravels and alluviums overlying the Tertiary Wasatch and Ohio Creek Formations (Tweto, Ogden, 1979). Review of the Federal Emergency Management Agency (FEMA) Flood Insurance Maps indicate that the site does not have current survey. However, a 2015 Preliminary report indicated the project is outside of the 100 flood zone. WESTERN ENVIRONMENT AND ECOLOGY, INC USGS Parachute Quadrangle, 7.5-Minute Series, 2019 Approximate Scale in Miles 0 0.25 0.5 W ESTER N ENVIRONMENT AND ECOLOGY, I NC. 2217 West Powers Avenue Littleton, Colorado 80120 Figure 1 - Project Location Map Approximately 25 acres within Section 27, Township 7 South, Range 96 West Garfield County, Colorado 81635 W ESTER N ENVIRONMENT AND ECOLOGY, I NC. 2217 West Powers Avenue Littleton, Colorado 80120 0 Approximate Scale in feet 500 1000 Figure 2 - Site Map Approximately 25 acres within Section 27, Township 7 South, Range 96 West Garfield County, Colorado 81635 Phase I Environmental Site Assessment - Approx 25 Acres S27, T7S, R96W Garfield County, Colorado 81635 Page -5- 3.0 RECORDS REVIEW The purpose of the records review is to obtain and review information that will help identify the potential for recognized environmental conditions in connection with the property. Availability of records varies from information source to information source, including governmental jurisdictions. Western Environment did not identify, obtain, or review every possible record that might exist with respect to the property. Instead, record information from reasonably ascertainable standard sources was reviewed. The approximate minimum search distance incorporated in the review, the resources utilized, and the number of sites found are listed below: Lists Reviewed ASTM Standard Minimum Search Distance Number of Site Within Search Distance Federal and Colorado NPL List 1.0 mile 0 Federal Delisted NPL site List 1.0 mile 0 Federal and State CERCLIS List 0.5 Mile 0 Federal RCRA TSD Facilities List 1.0 0 Federal RCRA Generators List Property and Adjoining Property 0 Federal RCRA Corrective Action List 1.0 0 Federal and State Institutional Control/Engineering Control Registry Property and Adjoining Property 0 Federal ERNS List Property and Adjoining Property 0 State Landfill and/or Solid Waste Disposal Site List 0.5 0 State Registered UST List Property and Adjoining Property 0 State Leaking UST List 0.5 0 State Brownfield / Voluntary Cleanup List 0.5 0 Definitions: NPL: CERCLIS: RCRA: TSD: UST: ERNS: National Priority List (Superfund) Comprehensive Environmental Response, Compensation and Liability Information System Resource Conservation and Recovery Act Hazardous Waste Transport, Storage, and Disposal Underground Storage Tank Emergency Response Notification System 3.1 Results No records were found within the ASTM standard search radius (attached). WESTERN ENVIRONET AND ECOLOGY, INC. Phase I Environmental Site Assessment - Approx 25 Acres S27, T7S, R96W Garfield County, Colorado 81635 Page -6- 3.2 Aerial Photography Review Western Environment reviewed limited historic images of the subject property to identify past use. The first available image, dated March 19th, 1957, showed the subject site and the surrounding properties to be vacant. US Highway 6 was observed adjacent to the east and the Pete and Bill Creek was located adjacent to the south. The Union Pacific Railroad and the Colorado River are present approximately 290 feet and 430 feet to the east, respectively Google Earth historic aerial images were reviewed following 1981. The image from June 16t'', 2005, indicated that two single family residences were present approximately 270 feet and 450 feet to the south. An oil and gas facility was observed approximately 1,115 feet to the northwest. Significant numbers of petroleum production facilities were observed surrounding the project site in the photos dated August 8th, 2011 and May 26th, 2014. No change of significance was observed in the most recent photo dated June 17th, 2016. A complete list of all aerial photographs reviewed is presented in Appendix B. 3.3 Historical Topographic Maps Western Environment also reviewed historic topographic maps to document past uses of the subject property. The first available map, dated 1929, showed the subject property as vacant with the Kelly Gulch adjacent to the south. The Denver and Rio Grande Railroad, (Union Pacific Railroad) and the Colorado River were located to the east. A rural single family residence and the Kelly Gulch were present approximately 1,230 feet to the west. The Town of Una was observed approximately 6,780 feet to the southwest. In the 1956 map, US Highway 6 was located to the west and the single family residence was removed. Interstate 70 was present to the west in the 1965 map. No change was observed in the 1981 maps. 3.4 Governmental Inquiries On January l0t'', 2020, Western Environment submitted Environmental Inquiries (attached) to the Grand Valley Fire Department and Garfield County Environmental Health regarding the subject property and it's history. To date, Western Environment has not received a response from either Garfield County Environmental Health or the Grand Valley Fire Department. Should a response be received which alters our conclusion, Western Environment will issue an addendum. WESTERN ENVIRON rENT AND ECOLOGY, INC. Phase I Environmental Site Assessment - Approx 25 Acres S27, T7S, R96W Garfield County, Colorado 81635 Page -7- 3.5 Colorado Oil and Gas Conservation Commission (COGCC) In addition to the standard database, Western Environment reviewed documents maintained by the Colorado Oil and Gas Conservation Commission (COGCC) pertaining to oil/gas production facilities occurring directly adjacent to the subject property. These facilities are discussed below. Well Name Facility ID Operator Violations Distance From Drill Date Subject Property 05-045-11804 Bosely SG 441-27 TEP Rocky Mountain, LLC No Adjacent to the Northwest 3/20/2006 05-045-11805 Bosely SO 341-27 TEP Rocky Mountain, LLC No Adjacent to the Northwest 3/22/2006 Well Status Producing 5/29/2006 05-045-11804 Bosely SG 41-27 TEP Rocky Mountain, LLC No Adjacent to the Northwest 4/3/2006 05-045-20485 Bosely SO 331-27 TEP Rocky Mountain, LLC No Adjacent to the Northwest 10/11/2011 05-045-20486 Bosely SG 431-27 TEP Rocky Mountain, LLC 05-045-20488 Williams SG 531-27 No Adjacent to the Northwest 110/15/2011 TEP Rocky Mountain, LLC No Adjacent to the Northwest 10/21/2011 Producing 5/28'2006 Producing 5/29/2006 Producing 1/11'2012 Producing 1/11/2012 Producing 1/12/2012 05-045-20489 Bosely SG 31-27 TEP Rocky Mountain.. LLC 05-045-14131 Frac Tech SG 32-27 TEP Rocky Mountain. LLC 05-045-14130 Frac Tcch SG 332-27 TEP Rocky Mountain, LLC 05-045-14129 Fran Tcch SO 432-27 TEP Rocky Mountain, I No No No No Adjacent to the Northwest 10/5/201 1 Producing 1/5/2012 835 Feet South 8 1 2007 Producing 5/10/2007 835 Feet South 7 5 2007 Producing 5/10/2007 835 Feet South 7/17/2007 Producing 5/10.'2007 05-045-14129 Fran Tcch SO 532-27 TEP Rocky Mountain, LLC No 835 Feet South 8/7/2007 05-045-14127 Fran Tcch SG 33 27 TEP Rocky Mountain, LLC No 835 Feet South 8/14/2007 05-045-14126 Fran Tech SG 333-27 TEP Rocky Mountain, LLC No 835 Feet South 8/21/2007 Producing 5/10/2007 Producing 6/28/2008 Producing 6/8/2008 *A11 wells listed above have not had a violation and will not affect the subject property WESTERN ENVIRON rENT AND ECOLOGY, INC. Phase I Environmental Site Assessment - Approx 25 Acres S27, T7S, R96W Garfield County, Colorado 81635 Page -8- 4.0 SITE INSPECTION / INTERVIEWS The purpose of a site inspection is to obtain information indicating the likelihood of identifying Recognized Environmental Condition (REC's) in connection with the property. During a visit to the site on March 3rd, 2020, Western Environment personnel visually and physically observed the property to the extent not obstructed by bodies of water, vegetation, adjacent buildings, or other obstacles and debris. Storage Tanks Placed Fill or Imported Soils Vent Piping/Air Emissions Sources Stockpiles of Soil or Debris Unidentified Piping Surface Water, Streams, Pits, Ponds, Lagoons Drains, Sumps Waste Water and/or Storm Water Discharge Stained Soil and/or Pavement Waste Treatment Processes Stressed Vegetation Septic Systems or Leach Fields Solid Waste or Disposal Areas Wells (Agricultural, Water Supply, Monitoring) Hazardous Material Storage X Wells (Petroleum Production Facilities) Petroleum Products Storage Petroleum Pipelines Drums High Power Transmission Lines Unidentified Substance Containers Transformers (Potential PCB) Vehicle Maintenance Areas Odors At the time of the inspection the site was vacant dominated by upland grasses and woody shrubs. These included cheatgrass, sagebrush, rabbit brush and mustard. Assess occurred from the southwest using a dirt access road from Old Highway 6. The project location surrounded by barbed wire fencing along the east border adjacent to Highway 6. Power lines are located along the west border. Surrounding properties included vacant land to the north and west, Old Highway 6 to the east, and Kelly Gulch to the south. A petroleum production facility, the Bosely SG well cluster, was present adjacent to the northwest. Two single family residences were observed approximately 270 feet and 450 feet to the south. The Union Pacific Railroad and the Colorado River were located approximately 290 feet and 430 feet to the east, respectively. WESTERN ENVIRON rENT AND ECOLOGY, INC. Phase I Environmental Site Assessment - Approx 25 Acres S27, T7S, R96W Garfield County, Colorado 81635 Page -9- View of the Site to the West View of the Pete and Bill Creek WESTERN ENVIRON rENT AND ECOLOGY, INC. Phase I Environmental Site Assessment - Approx 25 Acres S27, T7S, R96W Garfield County, Colorado 81635 Page -10- 5.0 CONCLUSIONS Western Environment and Ecology, Inc. has performed a Phase I Environmental Site Assessment in conformance with the scope and limitations of ASTM Practice E 1527-13 of approximately 25 acres within Section 27, Township 7 South, Range 96 West in Garfield County, Colorado. Any exceptions to, or deletions from, this practice are described in Section 5.1 of this report. This assessment has revealed no evidence of recognized environmental conditions (REC's) in connection with the property: 5.1 Deviations No response has yet been received from Grand Valley Fire Depaitnient and Garfield County Environmental Health. It is the opinion of Western Environment that this lack of information does constitute a Data Failure as defined by ASTM E-1527-13, Section 8.3.2.3. WESTERN ENVIRON rENT AND ECOLOGY, INC. Page -11- APPENDICES WESTERN ENVIRON rENT AND ECOLOGY, INC. Page -12- APPENDIX A Reference List WESTERN ENVIRON rENT AND ECOLOGY, INC. Garfield 39.4130335929347,-108.08995067748728 Prepared for: Brian Kraus Ref: 750-033-01 Thursday, January 09, 2020 Environmental Radius Report NETRtLILthe 2055 E. Rio Salado Pkwy Tempe, AZ 85381 480-967-6752 Summary National Priorities List (NPL) CERCLIS List CERCLIS NFRAP RCRA CORRACTS Facilities RCRA non-CORRACTS TSD Facilities Federal Institutional Control / Engineering Control Registry Emergency Response Notification System (ERNS) US Toxic Release Inventory US RCRA Generators (CESQG, SQG, LQG) US ACRES (Brownfields) US NPDES US Air Facility System (AIRS / AFS) CO Underground Storage Tanks CO Superfund - National Priorities List CO Uranium Mill Tailings Sites CO Solid Waste Sites < 1/4 1/4 - 1/2 1/2-1 1 4 7 National Priorities List (NPL) This database returned no results for your area. The Superfund Program, administered under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is an EPA Program to locate, investigate, and clean up the worst hazardous waste sites throughout the United States. The NPL (National Priorities List) is the list of national priorities among the known releases or threatened releases of hazardous substances, pollutants, or contaminants throughout the United States and its territories. The NPL is intended primarily to guide the EPA in determining which sites warrant further investigation. The boundaries of an NPL site are not tied to the boundaries of the property on which a facility is located. The release may be contained with a single property's boundaries or may extend across property boundaries onto other properties. The boundaries can, and often do change as further information on the extent and degree of contamination is obtained. CERCLIS List This database returned no results for your area. The United States Environmental Protection Agency (EPA) investigates known or suspected uncontrolled or abandoned hazardous substance facilities under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). EPA maintains a comprehensive list of these facilities in a database known as the Comprehensive Environmental Response, Compensation and Liability Information System (CERCLIS). These sites have either been investigated or are currently under investigation by the EPA for release or threatened release of hazardous substances. Once a site is placed in CERCLIS, it may be subjected to several levels of review and evaluation and ultimately placed on the National Priority List (NPL). CERCLIS sites designated as "No Further Remedial Action Planned" (NFRAP) have been removed from CERCLIS. NFRAP sites may be sites where, following an intitial investigation, no contamination was found, contamination was removed quickly without the need for the site to be placed on the NPL, or the contamination was not serious enough to require Federal Superfund Action or NPL consideration. CERCLIS NFRAP This database returned no results for your area. As of February 1995, CERCLIS sites designated "No Further Remedial Action Planned" NFRAP have been removed from CERCLIS. NFRAP sites may be sites where, following an initial investigation, no contamination was found, contamination was removed quickly without the site being placed on the NPL, or the contamination was not serious enough to require Federal Superfund action or NPL consideration. EPA has removed these NFRAP sites from CERCLIS to lift unintended barriers to the redevelopment of these properties. This policy change is part of EPA"s Brownfields Redevelopment Program to help cities, states, private investors and affected citizens promote economic redevelopment of unproductive urban sites. RCRA CORRACTS Facilities This database returned no results for your area. The United States Environmental Protection Agency (EPA) regulates hazardous waste under the Resource Conservation and Recovery Act (RCRA). The EPA maintains the Corrective Action Report (CORRACTS) database of Resource Conservation and Recovery Act (RCRA) facilities that are undergoing "corrective action." A "corrective action order" is issued pursuant to RCRA Section 3008(h) when there has been a release of hazardous waste or constituents into the environment from a RCRA facility. Corrective actions may be required beyond the facility"s boundary and can be required regardless of when the release occurred, even if it predated RCRA. RCRA non-CORRACTS TSD Facilities This database returned no results for your area. The United States Environmental Protection Agency (EPA) regulates hazardous waste under the Resource Conservation and Recovery Act (RCRA). The EPA"s RCRA Program identifies and tracks hazardous waste from the point of generation to the point of disposal. The RCRA Facilites database is a compilation by the EPA of facilities that report generation, storage, transportation, treatment, or disposal of hazardous waste. RCRA Permitted Treatment, Storage, Disposal Facilities (RCRA-TSD) are facilities which treat, store and/or dispose of hazardous waste. Federal Institutional Control / Engineering Control Registry This database returned no results for your area. Federal Institutional Control / Engineering Control Registry Emergency Response Notification System (ERNS) This database returned no results for your area. The Emergency Response Notification System (ERNS) is a national computer database used to store information on unauthorized releases of oil and hazardous substances. The program is a cooperative effort of the Environmental Protection Agency, the Department of Transportation Research and Special Program Administration"s John Volpe National Transportation System Center and the National Response Center. There are primarily five Federal statutes that require release reporting: the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) section 103; the Superfund Amendments and Reauthorization Act(SARA) Title III Section 304; the Clean Water Act of 1972(CWA) section 311(b)(3); and the Hazardous Material Transportation Act of 1974(HMTA section 1808(b). US Toxic Release Inventory This database returned no results for your area. The Toxics Release Inventory (TRI) is a publicly available EPA database that contains information on toxic chemical releases and other waste management activities reported annually by certain covered industry groups as well as federal facilities. TRI reporters for all reporting years are provided in the file. US RCRA Generators (CESQG, SQG, LQG) This database returned 0 results for your area. The United States Environmental Protection Agency (EPA) regulates hazardous waste under the Resource Conservation and Recovery Act (RCRA). EPA maintains a database of facilities, which generate hazardous waste or treat, store, and/or dispose of hazardous wastes. Conditionally Exempt Small Quantity Generators (CESQG) generate 100 kilograms or less per month of hazardous waste, or 1 kilogram or less per month of acutely hazardous waste. Small Quantity Generators (SQG) generate more than 100 kilograms, but less than 1,000 kilograms, of hazardous waste per month. Large Quantity Generators (LQG) generate 1,000 kilograms per month or more of hazardous waste, or more than 1 kilogram per month of acutely hazardous waste. US ACRES (Brownfields) This database returned no results for your area. Brownfields are real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. Cleaning up and reinvesting in these properties protects the environment, reduces blight, and takes development pressures off greenspaces and working lands. The Assessment, Cleanup and Redevelopment Exchange System (ACRES) is an online database for Brownfields Grantees to electronically submit data directly to The United States Environmental Protection Agency (EPA) US NPDES This database returned no results for your area. The NPDES module of the Compliance Information System (ICIS) tracks surface water permits issued under the Clean Water Act. Under NPDES, all facilities that discharge pollutants from any point source into waters of the United States are required to obtain a permit. The permit will likely contain limits on what can be discharged, impose monitoring and reporting requirements, and include other provisions to ensure that the discharge does not adversely affect water quality. US Air Facility System (AIRS /AFS) A e 0 39.41303. -108.09 8 8 8 ��Oorrlent e 1 This database returned 12 results for your area. The Air Facility System (AIRS / AFS) contains compliance and permit data for stationary sources of air pollution (such as electric power plants, steel mills, factories, and universities) regulated by EPA, state and local air pollution agencies. The information in AFS is used by the states to prepare State Implementation Plans (SIPs) and to track the compliance status of point sources with various regulatory programs under Clean Air Act. US Air Facility System (AIRS /AFS) Location 39.41409, -108.0894 Distance to site 421 ft / 0.08 mi NE Info URL http://ofmpub.epa.gov/enviro/fiiquery_detail. disp_program_facility?p_regist ry_id=110037583549 EPA Identifier 110037583549 Primary Name TEP ROCKY MTN - SG 41-27 Address NENE SEC 27 T7S R96W City PARACHUTE, 2.5 MI SW OF County GARFIELD State CO Zipcode 81635 NAICS Codes 211112 SIC Codes 1321 SIC Descriptions NATURAL GAS LIQUIDS Programs AIR:CO0000000804501265, AIRS/AFS:0804501265, EIS:13029311 Program Interests AIR EMISSIONS CLASSIFICATION UNKNOWN, AIR MINOR Updated On 01-JUN-2017 17:18:51 Recorded On 06-JAN-2009 15:16:59 NAICS Descriptions NATURAL GAS LIQUID EXTRACTION Location 39.41731, -108.0925 Distance to site 1721 ft / 0.33 mi NW Info URL http://ofmpub.epa.gov/enviro/fiiquerydetail.disp_program_facility?p_regist ry_id=110037582461 EPA Identifier 110037582461 Primary Name WPX ENERGY - GV 33-22 Address SWSE SEC 22 T7S R96W City PARACHUTE AREA County GARFIELD State CO Zipcode 81635 NAICS Codes 211112 SIC Codes 1321 SIC Descriptions NATURAL GAS LIQUIDS Programs Al R:0O0000000804500990, AIRS/AFS:0804500990, EIS:13082511 Program Interests AIR EMISSIONS CLASSIFICATION UNKNOWN, AIR MINOR Updated On 01-JUN-2017 17:18:51 Recorded On 06-JAN-2009 15:15:47 NAICS Descriptions NATURAL GAS LIQUID EXTRACTION US Air Facility System (AIRS /AFS) Location 39.41825, -108.0857 Distance to site 2249 ft / 0.43 mi NE Info URL http://ofmpub.epa.gov/enviro/fiiquery_detail. disp_program_facility?p_regist ry_id=110056438993 EPA Identifier 110056438993 Primary Name WPX ENERGY - SG 14-23 Address SWSW SEC 23 T7S R96W City PARACHUTE AREA County GARFIELD State CO Zipcode 81635 NAICS Codes 211112 SIC Codes 1321 SIC Descriptions NATURAL GAS LIQUIDS Programs Al R:CO0000000804502204, AIRS/AFS:0804502204, EIS:17453411 Program Interests AIR EMISSIONS CLASSIFICATION UNKNOWN, AIR MINOR Updated On 10-JUL-2015 13:37:06 Recorded On 21-JAN-2014 15:32:24 NAICS Descriptions NATURAL GAS LIQUID EXTRACTION Location 39.40678, -108.089 Distance to site 2299 ft / 0.44 mi S Info URL http://ofmpub.epa.gov/enviro/fiiquerydetail.disp_program_facility?p_regist ry_id=110038039002 EPA Identifier 110038039002 Primary Name TEP ROCKY MTN- SG 43-27-W Address NE SE SEC 27 T7S R96W City PARACHUTE, 2.9 MI SW OF County GARFIELD State CO Zipcode 81635 NAICS Codes 211112 SIC Codes 1321 SIC Descriptions NATURAL GAS LIQUIDS Programs AIR:0O0000000804501489, AIRS/AFS:0804501489, EIS:13102911 Program Interests AIR EMISSIONS CLASSIFICATION UNKNOWN, AIR MINOR Updated On 01-JUN-2017 17:18:51 Recorded On 16-FEB-2009 16:19:04 NAICS Descriptions NATURAL GAS LIQUID EXTRACTION US Air Facility System (AIRS /AFS) Location 39.41381, -108.0989 Distance to site 2537 ft / 0.48 mi W Info URL http://ofmpub.epa.gov/enviro/fiiquery_detail. disp_program_facility?p_regist ry_id=110037582693 EPA Identifier 110037582693 Primary Name TEP ROCKY MTN - SG 21-27 Address NENW SEC27 T7S R96W City PARACHUTE, 2.9 MI SW OF County GARFIELD State CO Zipcode 81635 NAICS Codes 211112 SIC Codes 1321 SIC Descriptions NATURAL GAS LIQUIDS Programs AIR:CO0000000804501081, AIRS/AFS:0804501081, EIS:13087511 Program Interests AIR EMISSIONS CLASSIFICATION UNKNOWN, AIR MINOR Updated On 01-JUN-2017 17:18:51 Recorded On 06-JAN-2009 15:15:59 NAICS Descriptions NATURAL GAS LIQUID EXTRACTION Location 39.41742, -108.0988 Distance to site 2958 ft / 0.56 mi NW Info URL http://ofmpub.epa.gov/enviro/fiiquerydetail.disp_program_facility?p_regist ry_id=110037583558 EPA Identifier 110037583558 Primary Name TEP ROCKY MTN - SG 24-22 Address SESW SEC 22 T7S R96W City PARACHUTE, 2.7 MI SW OF County GARFIELD State CO Zipcode 81635 NAICS Codes 211112 SIC Codes 1321 SIC Descriptions NATURAL GAS LIQUIDS Programs AIR:0O0000000804501268, AIRS/AFS:0804501268, EIS:13029511 Program Interests AIR EMISSIONS CLASSIFICATION UNKNOWN, AIR MINOR Updated On 01-JUN-2017 17:18:51 Recorded On 06-JAN-2009 15:17:01 NAICS Descriptions NATURAL GAS LIQUID EXTRACTION US Air Facility System (AIRS /AFS) Location 39.41752, -108.0797 Distance to site 3313 ft / 0.63 mi NE Info URL http://ofmpub.epa.gov/enviro/fiiquery_detail. disp_program_facility?p_regist ry_id=110038039039 EPA Identifier 110038039039 Primary Name TEP ROCKY MTN - SG 24-23-W Address SE SW SEC 23 T7S R96W City PARACHUTE, 2.1 MI SW OF County GARFIELD State CO Zipcode 81635 NAICS Codes 211111 SIC Codes 1311 SIC Descriptions CRUDE PETROLEUM AND NATURAL GAS Programs AIR:CO0000000804501495, AIRS/AFS:0804501495, EIS:13103211 Program Interests AIR EMISSIONS CLASSIFICATION UNKNOWN, AIR MINOR Updated On 01-JUN-2017 17:18:51 Recorded On 16-FEB-2009 16:19:08 NAICS Descriptions CRUDE PETROLEUM AND NATURAL GAS EXTRACTION. Location 39.42122, -108.0798 Distance to site 4141 ft / 0.78 mi NE Info URL http://ofmpub.epa.gov/enviro/fii_query_detail.disp_program_facility?p_regist ry_id=110037576003 EPA Identifier 110037576003 Primary Name WILLIAMS PRODUCTION SG 23-23 Address NESW SEC 23 T7S R96W City PARACHUTE County GARFIELD State CO Zipcode 81635 NAICS Codes 211112 SIC Codes 1321 SIC Descriptions NATURAL GAS LIQUIDS Programs AIR:0O0000000804501410, AIRS/AFS:0804501410, EIS:13051711 Program Interests AIR EMISSIONS CLASSIFICATION UNKNOWN, AIR MINOR Updated On 01-JUN-2017 17:18:51 Recorded On 06-JAN-2009 14:46:28 NAICS Descriptions NATURAL GAS LIQUID EXTRACTION US Air Facility System (AIRS /AFS) Location 39.42427, -108.0863 Distance to site 4225 ft / 0.8 mi N Info URL http://ofmpub.epa.gov/enviro/fiiquery_detail. disp_program_facility?p_regist ry_id=110037575362 EPA Identifier 110037575362 Primary Name WILLIAMS PRODUCTION SG 12-23 Address SWNW SEC 23 T7S R96W City PARACHUTE County GARFIELD State CO Zipcode 81635 NAICS Codes 211111, 211112 SIC Codes 1311, 1321 SIC Descriptions CRUDE PETROLEUM AND NATURAL GAS, NATURAL GAS LIQUIDS Programs AIR:CO0000000804501001, AIRS/AFS:0804501001, EIS:13083011 Program Interests AIR EMISSIONS CLASSIFICATION UNKNOWN, AIR MINOR Updated On 01-JUN-2017 17:18:51 Recorded On 06-JAN-2009 14:45:43 NAICS Descriptions CRUDE PETROLEUM AND NATURAL GAS EXTRACTION., NATURAL GAS LIQUID EXTRACTION. Location 39.4106, -108.0752 Distance to site 4264 ft / 0.81 mi E Info URL http://ofmpub.epa.gov/enviro/fii_query_detail. disp_program_facility?p_regist ry_id=110043428458 EPA Identifier 110043428458 Primary Name WILLIAMS PRODUCTION -SG 32-26 WELL PAD Address SWNE SEC 26 T7S R96W City UNK County GARFIELD State CO Zipcode 99999 NAICS Codes 211112 SIC Codes 1321 SIC Descriptions NATURAL GAS LIQUIDS Programs AIR:0O0000000804502035, AIRS/AFS:0804502035, EIS:15311011 Program Interests AIR EMISSIONS CLASSIFICATION UNKNOWN, AIR MINOR Updated On 01-JUN-2017 17:20:03 Recorded On 20-APR-2011 10:44:54 NAICS Descriptions NATURAL GAS LIQUID EXTRACTION. US Air Facility System (AIRS /AFS) Location 39.40268, -108.0994 Distance to site 4625 ft / 0.88 mi SW Info URL http://ofmpub.epa.gov/enviro/fiiquery_detail. disp_program_facility?p_regist ry_id=110023159320 EPA Identifier 110023159320 Primary Name ENCANA - ORCHARD COMPRESSOR STATION Address SW SEC 27 T7S R96W City PARACHUTE County GARFIELD State CO Zipcode 81635 NAICS Codes 211112 SIC Codes 1321 SIC Descriptions NATURAL GAS LIQUIDS Programs Al R:CO0000000804500895, AIRS/AFS:0804500895, EIS:12840811 Program Interests AIR EMISSIONS CLASSIFICATION UNKNOWN, AIR SYNTHETIC MINOR Updated On 01-JUN-2017 17:18:51 Recorded On 01-DEC-2005 17:00:45 NAICS Descriptions NATURAL GAS LIQUID EXTRACTION. Location 39.42253, -108.0786 Distance to site 4718 ft / 0.89 mi NE Info URL http://ofmpub.epa.gov/enviro/fiiquerydetail.disp_program_facility?p_regist ry_id=110007394159 EPA Identifier 110007394159 Primary Name WILLIAMS PROD RMT CO - UNICORP RULISON SG 43-22 Address SG 43-22 City UNK County GARFIELD State CO Zipcode 99999 NAICS Codes 211111 SIC Codes 1311 SIC Descriptions CRUDE PETROLEUM AND NATURAL GAS Programs Al R:0O0000000804500330, AIRS/AFS:0804500330 Program Interests AIR MINOR Updated On 07-OCT-2016 16:54:40 Recorded On 01-MAR-2000 00:00:00 NAICS Descriptions CRUDE PETROLEUM AND NATURAL GAS EXTRACTION. CO Underground Storage Tanks This database returned 0 results for your area. Underground Storage Tanks (UST) containing hazardous or petroleum substances are regulated under Subtitle I of the Resource Conservation and Recovery Act (RCRA). The Colorado Department of Labor and Employment/Division of Oil and Public Safety maintains a list of registered aboveground and underground storage tanks. CO Superfund - National Priorities List This database returned no results for your area. This data is provided by the Colorado Department of Public Health and Environment created from the US Environmental Protection Agency National Priorities List (NPL). The purpose was to improve the location of superfund sites from point data to a polygon. These large sites are also known as National Priority List (NPL) sites. These sites are being remediated jointly by the State of Colorado and the U.S. EPA under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), This law created Federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment. These sites are undergoing or have completed long- term remedial response actions, that permanently and significantly reduce the dangers associated with releases or threats of releases of hazardous substances that are serious, but not immediately life threatening. Some of the sites have also undergone short-term removals, where actions may be taken to address releases or threatened releases requiring prompt response. CO Uranium Mill Tailings Sites This database returned no results for your area. There were nine uranium mill tailings sites in Colorado designated for cleanup under the federal Uranium Mill Tailings Radiation Control Act. These nine sites, know commonly as UMTRA sites, were remediated jointly by the State of Colorado and the U.S. Department of Energy during the late 1980's and early 1990's. Mill tailings were removed from 8 of the mill sites and relocated in engineered disposal cells. A disposal cell is designed to encapsulate the material, reduce radon emanation, and prevent the movement of water through the material. At one site, Maybell, CO, the tailings were stabilized in -place at the mill site. After remediation of the tailings was completed, the State and DOE began to investigate the residual impacts to groundwater at the mill sites. The groundwater phase of the UMTRA program is on -going. CO Solid Waste Sites This database returned no results for your area. The Colorado Solid Waste Act requires that solid waste be disposed of in designated facilities. Disposal facilities receive their designation from the local government after the Colorado Department of Public Health and Environment makes a recommendation that the proposed facility can meet the required rules. The solid waste sites depicted in this dataset include landfills, surface impoundments, scrap tire disposal sites, incinerators, landfarming, and specified composting facilities. This dataset does not depict all historic landfills in Colorado. Transfer stations are not required to obtain a designation but are cited in this dataset where the information is available. APPENDIX B Aerial Photography Documentation WESTERN ENVIRON rENT AND ECOLOGY, INC. Date of Image Source of Image 3/19/1957 US Geological Survey 8/8/1981 US Geological Survey 9/20/1993 US Geological Survey 6/16/2005 USDA Farm Service Agency 8/8/2011 Google Images 5/26/2014 Maxar Technologies 7/17/2016 Google Images WESTERN ENVIRON rENT AND ECOLOGY, INC. APPENDIX C Environmental Issues Inquiry WESTERN ENVIRON rENT AND ECOLOGY, INC. U.S. Fish and Wildlife Service National Wetlands Inventory January 9, 2020 Wetlands Estuarine and Marine Deepwater 1-1 Estuarine and Marine Wetland Freshwater Emergent Wetland Freshwater Forested/Shrub Wetland Freshwater Pond 11 II Wetlands Lake Other Riverine e, National Standar s and Support Team, This map is for general reference only. The US Fish and Wildlife Service is not responsible for the accuracy or currentness of the base data shown on this map. All wetlands related data should be used in accordance with the layer metadata found on the Wetlands Mapper web site. National Wetlands Inventory (NWI) This page was produced by the NWI mapper 8rn 8 39° 24' 52" N 750240 750300 • Odd E:70 TgOI Cca daDodtrefiX 39° 24' 40" N i+ - - 750360 Soil Map —Rifle Area, Colorado, Parts of Garfield and Mesa Counties 750420 750240 8 N 750300 750360 750420 Map Scale: 1:2,650 if printed on A landscape (11" x 8.5") sheet. 750480 750480 35 70 140 Meters 0 210 Feet 0 100 200 400 600 Map projection: Web Mercator Comer coordinates: WGS84 Edge tics: UTM Zone 12N WGS84 750540 750600 750660 750540 750600 753660 750720 750780 750780 6 8 a 39° 24' 52" N USDA Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 1 /9/2020 Page 1 of 3 Soil Map —Rifle Area, Colorado, Parts of Garfield and Mesa Counties Area of Interest (AOI) Soils 0 C MAP LEGEND MAP INFORMATION Area of Interest (AOI) Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout Borrow Pit Clay Spot • Closed Depression • Gravel Pit 4 Gravelly Spot ▪ Landfill Lava Flow Marsh or swamp an4 Mine or Quarry CD Miscellaneous Water • Perennial Water ▪ Rock Outcrop ▪ Saline Spot 4 • #• Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip • Sodic Spot g Spoil Area 0 Stony Spot Very Stony Spot Wet Spot ▪ Other Special Line Features Water Features Streams and Canals Please rely on the bar scale on each map sheet for map measurements. The soil surveys that comprise your AOI were mapped at 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Transportation Rails 0.10 Interstate Highways O .10 US Routes Major Roads Local Roads Background . Aerial Photography Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Rifle Area, Colorado, Parts of Garfield and Mesa Counties Survey Area Data: Version 12, Sep 13, 2019 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Dec 31, 2009—Oct 12, 2017 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. USDA Natural Resources rilra Conservation Service Web Soil Survey National Cooperative Soil Survey 1/9/2020 Page 2 of 3 Soil Map —Rifle Area, Colorado, Parts of Garfield and Mesa Counties Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 4 Arvada loam, 6 to 20 percent slopes 15.6 15.6 100.0% 100.0% Totals for Area of Interest USDA Natural Resources Web Soil Survey 1/9/2020 Conservation Service National Cooperative Soil Survey Page 3 of 3 ORIGINAL WELL COMPLETION AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER MAW ettFOR OFFICE USE ONLY A 0 3 NTERM ', ' . `,. r.Mailing ::P ,apt3Rpvlu GWS31-91-03 --- 1 WELL PERMIT NUMBER 44152—F OWNER'S NAME(S) Gene Verkerk Address 80 V . Carson City. St. Zip Parachute. Co . 81635 Phone ( ) . — _ WELL LOCATION AS DRILLED : SW 114 NE 1/4 Sec. 27 Twp. 7S . Range 96V DISTANCE FROM SEC. LINES : 3600 Ft. From South Sec. Line_ Arid 1632 Ft. From East Sce_ Line. Or SUBDIVISION: LOT BLOCK FILING (UNIT) STREET ADDRESS AT WELL LOCATION : GROUND SURFACE ELEVATION ft. DRILLING METHOD : lair Notary DATE OOMPLE) ED 06/19/95 . TOTAL DEPTH 100 ft. COMPLETED DEPTH 90 ft. 5.' GEOLOGIC LOG : Depth type of Material (Size. Dolor, Type a,a Water Located] 6. HOLE DL&M.1� FROM (ft) 9 . 0 0.0 35 000-065 Clays, Cobbles 6.5 35 90 065-075 Gravels 075-100 Clays �. 7- PLAIN CASING OD(in) Kind Wall Size From (ft) To (ft) 7.0 Steel 0.240 0.0 .--_35 5.5 steel 0.189 30 65 PERFSASING : Screen Slot 5' = 5.5 Steel 0.188 65 90 WATER LOCATED : 65-75 REMARKS : 8. Filter Pack Material Size Interval 9. Packer Placement Type Depth 10. GROUTING RECORD: Mareriai Amount Ninety Interval Placement_ cement 3 sks 6 qal/s4.0-30 ,pourd 1.1. :.--am, ETH Amt Used---- -_DISINFECTION 12. WELL TEST DATA : ( I Check Box If Test Data Is Submitted On Supplemental Form. TESTING METHOD; Air coapressor Static Level : 60 ft. Date1Time Measured 06/19/95 Production Rate 10 gpm Pumping Level : Total ft. Date/Time Measured 06/19/955 Test Length (hrs) 2 Remarks : 1 rove road the statements made herein and know the contends thereot and that they wv fie to my kfl0wtodge. (Pursuant to Section 24k144 (1 S)44 ORS, lhv rrOking at Moo eleternento hwvin constitutes perjury in the B000nd sages anti Is punishable as a dew 1 rriedemieanor-) CONTRACTOR : She 1ton Drilling Co. Phone: 303-927-4182 Lic.No. 1095 Mailing Address : PC Box 105.9 Basalt , Co- 8 621 Name f Title (Please Type or Print) Wayne Shelton r President Si Data 060,2 ele Paean No. OFFICE OF THE STATE ENGINEER tws-z§ COLORADO DIVISION OF WATER RESOURCES 616 Centennial Bldg., 1313 Sherman St., Denver, Colorado 30203 (303) 866-3581 APPLICANT uc WELL PERMIT NUMBER 044152- DIV. 5 CNTY. 23 WD 39 DES. BASIN MD Lot. Block: Filing: 8ubdly_ GENE VERKERK / ALICE FAY W CARTON PARACHUTE CO 811 APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NE 1/4 Section 27 Twp 7 RANGE 96 W 6th P.M. DISTANCES FROM SECTION LINES ( 303)2054914 3600 FL from South Section Lane PERMIT TO CONSTRUCT A WELL CAM B32 Pt. from East Section Line me' Co �ol�ie��.rl:� �3 c�jr1��I ) ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDf11ONS OF APPROVAL This well shall be used In such a way as to cause no material injury to existing water rights, The issuance of the permit does not assure the applicant 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 and Pump Installation 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 17. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate pointof diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated on when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #940809GV(a), 4) 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 12,000 square feet (0.28 of an acre) of home gardens and lawns and the watering of domestic animals. 5) The maximum pumping rate shall not exceed 15 GPM, 6) The average annual of amount of ground water to be appropriated shall not exceed one (1) acre-foot (325,850 gallons). 7) 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 (east annually) and submitted to the Division Engineer upon request. 8) The well shall be constructed not more than 200 feet from the location specified on this permit. 9) The owner shall mark the well in a conspicuous place with wall 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. l+ ^ 9 APPROVED JD2 741d AZ state Enginw Receipt No. 0374303 DATE ISSUED° CT 07 1994 By EXPIRATION DATE cr; GT 0 71995 WRJ-5 Fiev.• 76 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherrnan St., Denver, Colorado 80203 STREE 'Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. PERMIT APPLICATION FORM RECET/fr ET1f ( f A PERMIT TO USE GROUND WATER it (. 'J A PERMIT TO CONSTRUCT A WEL 2 6 ''4 FOR: (-1 A PERMIT TO INSTALL A PUMP ( ) REPLACEMENT FOR NO, ( ) OTHER . WATER COURT CASE NO (1) APPLICANT - mailing address NAME '1Ue-tiekeekKMice6 C ' ' SOIL) w CITY Re -A I e - 016 • eel 35' (Stale) (Zip) TELEPHONE NO. 303 — ? � 7779 79 (2) LOCATION OF, PRQPQ$ED WELL County 611 /dl L) / of the 1 .'!, Section c.2 7 Twp.7 S.., Rnq. (N,SI (F,W) L-vt P,M. (3) WATER USE AND WELL DATA F ropos _max um pumping rate (gpm) r� r Ave ge annual amount of ground water to be appropriated (acre•feet): �"` Number of acres to be irrigated; %.2, coo Proposed total depth Ifeet): d-t'.? Aquifer ground water is to be obtained from Owner's well designation F GR D WATER TO BE USED FOR: Ci 'OLD U3C Ordtw'F- no irrigation (0) _ ESTIC (1) ( I INDUSTRIAL (5) ( ) LIVESTOCK (2) ( ) IRRIGATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) ) OTHER (9) DETAIL THE USE ON BACK IN (11) (4) DRILLER Name ('� vl .,� . !idict, Street City (State) (Zip) FOR OFFICE USE ONLY; DO NOT WRITE IN THIS COLUMN Receipt No. .37 V3 a l Basin gist. CONDITION OF aPPRQVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant 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. ) (2.4/� ) 6 1,p ' . A A APPLICATION APPROVED PERMIT NUMBERCHECKS TR#31430,2 8 . 6 DATE ISSUED B1Vif.WATER RESOURCES EXPIRATION DATE (STATE ENGINEER) Telephone No. _ Lic. No BY ID COUNTY 2_ 3 3 (5) THE LOCATION OF THE PROPOSED WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location, - - + - + - -T- -4- - -{ - - + - 4 -- 1 MILE, 5280 FEET 4' + + f -- + H- + + { l I hlt3RTH SECTION LINE— I I I 1 I I 1 1 x + t �- m + + Lu 4 fMORTH I m T T 6 I 1 - + SOUTH SECTION LINE + + 4 ,+ + + + The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. WATER EQUIVALENTS TABLE {Rounded Figures) An acre•foot Govern 1 acre of land 1 foot deep 1 Cubic foot par second ids) ... 449 gallons per minute Igpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot - .. 43,560 cubic feet , , , 325,900 gallons. 1,000 gpm pumped continuously for ana day produces 4,42 acre-feet. (6) THE WELL MUST BE LOCATED BE by distances from section lines.' ' e.,e, ft. from _ „in Sec. Tine , (north or south) _%67.3ft from 4 / sec line (east or west} LOT BLOCK FILING s—s,el 1t 2 met# SUADI tike revS.ON - (7) T : A T LOCATED No. of acres r.o 1 Will this be the only well on this tract? (8) PROPOSED CASING PROGRAM Plain Casing in. from lift, to d Perforated casing in from _ / ft. to '6 ft ft sf • in from re) ft to /0-0 ft in from ft to ft. (9) FOR REPLACEMENT WELLSgivedistance and direction from old well and plans for plugging it: (10). LAND ON WHICH�,//GROUND WATER WILL BE USED: ❑wner(s): I1J V�e--Ptpt '%ice t No. of acres: c:91 . / Legal description. ' l4 g9t r LI t ) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal systerp #o be used. / *� "t to +p t tCj] c11 /i7 ,a7; C' ! +`r A- `A? k 4 fold - r . , , T f 70,24, (12) OTHER WATER RIGHTS used on this land, including wells, Give Registration and Water Court Case Numbers. Type or right } Used for {purpose) Description of I nd on which used 14 Co 71•f"o e le- 4Pf 9 T44 41 1/( ) (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS T 1 E TO THE EST OF HIS KNOWLEDGE. / . �j �'�j ! 4 SIGNRE OF APPLlCA�NT(5) Use additional sheets of paper if more space is required. ,c:1•r;;;ir1/ / ) '�- -4 1 IPnlr• I iu Iliit.lr}n; ! .{ C r "Kip v(L - , j S Il:r (e f nt-w.t riled t tr Ilertvikr. 1/44DIVISI 0N.. Kb' SST FOR WELL PERMITS Name of applicant: 1,,(7-4Xf/Wfr 6-fA" /C:441117 C r7'' Application typed or neatly printed in black ink -=Correct boxes checked for appropriate action Previous permit number correct for replacement.: well, etc. 1.] Court case number listed for decreed wells 11] . Field inspection completed and attached (fee or late reg. ) (1) Applicant Mailing Address Mailing address correct and legible (printed or typed) Telephone number correct and current (local number if possible) (2) Location of proposed well L-Locattion correct according to information supplied by applicant Location consistent with items (5), (6) on application note: distances and 1/4, 1/4 must be measured from SE corner of section for irregular_ sections (3) Water use. , acid ''we11 data (4) "Proposed pump. rate" completed (15 gpm for exempt dom. and NH) "Amount of appropriation" completed "Acres irrigated" completed & matches type of we]..i. applied for "Proposed total depth" completed •`� ` " Aqui':fer 1ritormatiion cOmple.ted•(" unkfown" if not: sure) • Owner''S' tell.` designation' completed (optional. ) 'hJ eundwa'te '.. 8 a • used' for:. '• `'-i?lllel3C" ox household use well 0 non-overappropriated area 11 ovrerappropriated • dices CI 35 acres or more (must- include description) Cl _subdivided before June 1, 1972 or exempted by county (attach copy of exemption) subdivision date & lot if note: must include descriptions of parcels not in a subdivision (plat or metes and bounds) Other (commercial, municipal, etc.) CC5 /- Driller El Designated driller- a copy of permit sent to driller indicated "Colorado Licensed"- all copies of permit sent to applicant 5) Location 1 proposed well (map) Completed and consistent with items (2), (6) on application T. (fi) Location of proposed well (distances from section lines) Completed and consistent with items (2), (5) on application, ar supplied information CI Subdivision information completed (when applicable) (7) "Tract on_.whlch well will be located D„--'- Completed note: if 11. 11. use or domestic on 35 acres in over - appropriated area can only have one well per t-rac (check to verify no other wells in the 1/4, 1/4) (8) Propos 'casing program Completed Minimum casing sire of 4" 1. D. with 20' solid steel surface casing (1' above ground, 19' below) Cl variance request (letter and diagram) attached if applicable (9) For replacement wells Completed if applicable - distance and "according to rules" (10) Ladd which groundwater will be used Completed if applicable (for irrigation only wells) note: can be used to describe only well on 351 acres (11) Detailed description . . Completed correctly and in detail note: be specific about uses,, especially number of houses to be served, sto.ckwater, irrigation - must be consistent with type of; well requested... Remember to indicate, type ofdisposal for domestic and 11. N. (12) Other water rights (include well permit number if answer in 117 was no) Completed if applicable (13) Signature line i Signed/dated by APPLICANT OR REPRESENTATIVE (w%written authort.ty-print name and title of representative) (19) Comments E c ; r Application fee attached: Check if 37/ Amount $ Application taken by: c r mac. _ C --- - l( Application checked by: � 1Blr_'A1 .' i e Tide MIBEY "A" 1h referred to in .nd made a part of th.t cattalo Deed of Trust (Deed of Trust) dated November 23, 1993, by and, between the lotiowing pante* GRANTOR: EUGENE VERKERK 80 West Carson C de : parachute, Colorrsdo ai6s5 Sodas Sscurtly # 558-36-4572 • AL{CE FAY a0 West Carson Ciro. Parachute, CO 81635 Social Sacudly 0 071-28-2 30 TRUSTEE The PUBLIC TRUSTEE for I GAWflELD cOUHTY, coLORADO BANK: 1 ALPINE BANK AND TRUST a OOLORADO banking corporation 2200 Grand Avenue P 0. Boar 10000 Gienwoad Spi1ngs, Caomdo 61502 Tax LD. # 84-0788527 Branatr No. 01 The pagertir hereinafter d.saribed are theee properdfs r.fsirad to in this Deed of Trust he beln9 described N Emit "A": A parcel of land situated in the SW1/4NE1f 4 Hof Section 27, Township 7 South, Range 96 West of the Sixth Principal Meridian, Garfield County, Colorado, lying Northerly of U.S. Highway 6 and 24, more fully described as follows: Beginning at a point whence the Southwest Corner of said Section 27 bears South 49°15'21" Weak 5200.62 feet; thence North 49•35'16" West 500.00 feet; thersceAmth 41013'00n jispt 175.00 feet, thence South 49°35'16" East 509.00 fact to a point, 50 feet, more or less, Northerly of said Highway; thence North 41 ° 1.3' OO" East 275.00 feet to the POINT OF BEGINNING. RECEIVEb Together with a perpetual, non-exclusive easement and right-of-way over and across that part of the sW1/4NE1/4 and of Lot 1 of said Section 27 narthwestorXy of the northwesterly right of way line of U.S. Highway 6 and 24 and southeasterly of a line commencing at a point from whence the Southwest corner of said Section 27 bears South 49°50'O1" West 4854.30 feet and running North 41°13'OO" East 525 feet. Oct: 28. ' 93 12:58 EXlitnLT A PAA]tLEL_NO. 2: A parcel of land Range 96 West. of Northerly'of V.S. as follows; R ISLET PROP. 4. w 4�(J�r1l t(itiiJ�l.�' ru 1.1. tog' 1youurt 7;ra i,.0 t •.ia 111 1+.7 TEL, 303-285-7639 • t , - 4rf1',) Aup a 6 ..4A • nitunted in the SWt HIA of Section 27; Township 7 Booths ? the Sixth Pritncipal. Met is1i11n, Garfield t'nanty, Colorado,. lying tli,ghway, f, and 74,' Rmi4 Parcel fn. 7 i,1 emote fn11y describes Beginning at A point. whrnre the Stinthoest Cotner of paid evt-ion 27 bears 6.49' 15' 21"W. 5200.62 feel; thence N.49' 35' 16"W. '�500.00i feet fret; t o ah ,t�cet 5 41' 13'00"N. 175.00 feet; thence S.49 15 16t E, point, 50 feet, more or less, tlorth+rrly 11f rsn1d Highway; theme 0.41'1)40U"t. 175.00 tc� 1he point of 1reginuti11it, 1.nn1 niniri1; 7.01 A(lrtt, mote or 1 GAF. S1ttt,trt,:T to twit 10 foot. wilily 1`11fit'mr11tr t11t11lit'i' in a !.1r;1t11wentrt'iy etiiet'tion smogs amid ',slice' n[ 1 A111{ being At points 0.49' ,15' 16"W. 95 feet, and 345 feet' from the point of beginning of Raid l+nrrel. A1.±.() together with a 5(1 foot, more.'r' or lass, frontage road lining between Pn1',•r3r. 1, 7. and :i and the Northerly right-of-way line of U.R. 11ig11w++3► !r and 74. 'leering source es tall i ehed Mange 96 West of the Sixth NW Corner and Wk Corner of February 9, 1981. Job No. 260821 Revision Date: February 27. 19111 , ./•1 from 1+tint torvey in Section 34 of Township principal Hip, idintw. Ui q S.t1]`45'43"W. between faaitl !;r•et i(,n 34. 7 ti th A the .: per �r;.#�' fit 14171 fir ' 3142*14:1.14;;;;:''''''';',1,.'',:. .. STATE 4F COLORADO Cou,tty of Garin :d At s ro gu l a r meeting of the Board of County eami-r oners for Garfield County, CoLorad°, held at the Court House in QLenwood Sprinyi on �' ,C:211 r3. CIS{ the.-.- ,31'.d day of February A. q, L9 01 , therewers present; Fiatfen J. Cerise, '1e61.111] , .P-k1YC0mmicuonerChairmAn Eugene "Jim' Drink:},Quse , Commispo°er • C°minisuoslct Arthur A. Abn l snalp Jr r County Attorney Cheryl J. Koss, Deputy !•,... , Clerk Of the Roatd yrlten the following proeeedinge, among what's wars had arid done, to-Wlt: RESOLUTION NO. 81- 4 8 A RESOLUTION CONCER=DWITH GRF1*]TAG AN EYREP2ION FROM 'IHis GAPF]ELD COUNTY SUBDIvI ICN REGUL TTICNS FOR CHARL,E5 P. CPS' 4.. WHEPEAS, Charles P. cARteel has petitioned the Board of. county Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "surbdivi- sit n" and "subdivided land" under C.R.S. 1973, 30-28-101 (10) (a)-(d) , as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of a 6 acre tract described as follows: In document #214911 filed in the Office of Clerk and Recorder of Garfield comty, Colorado, into 3 tracts of approximately 2 acres each, more or less, which proposed tracts are more particularly described as follows: Parcel A parcel Of land situated is the Sty/4 NE/4 of Section 27, Township 7 South, ,A: Range 96 West of the Sixth Principal Meridian, Garfield County, Colorado lying Northerly of U.S. Highway 6 and 24, said Parcel NO. 1 is more fully described as follows; Beginning at a point, whence the Southwest Corner of said Section 27 bears S.44°50'01''1. 4854.30 feet; thence N,49°35'16"W. 500.00 feet; thence N.41°13'00"E, 175.00 fee`; thence S.49°35'16"E. 500.00 feet to a point, 50 feet, more or less, Northerly of said Highway; thence S.41°13'00"0. 175.00 feet to the Paint of beginning, containing 2.01 Acres, more or less. Parcel A parcel of land situated in the SW/4 NE/4 of Section 27, Township 7 South, B: Mange 96 West of the sixth Principal Meridian, Garfield County, Colorado, lying Northerly of U.S. Highway 6 and 24, said Parcel, No. 2 is more fully described as follows: Beginning at a paint, whence the Southwest Corner of said Section 27 bears S.49°15'21"W. 5200.62 feet; thence N.49°35'16"11. 500.00 feet; thence 1 ,J1°13'00 . 175.00 feet; thence 5.49°35'16"E. 500.00 feet to a point, 50 feet, more --or less, Northerly of said Highway; thence 5.41°13'00"W. 175.00 feet to the point of beginning, containing 2,01 Acres, more or less. parcel A Faxoel of land situated in Lot 1 and the Si1/4 1 E✓4 of Section 27, 'itirmship 7 C: South, Range 96 j]est of the Sixth Principal Meridian, Garfield County Colorado lying Northerly of U.S. Highway 6 and 24, said Parcel No. 3 is more fully described as follows: Beginning at a point, whence the Southwest corner of said Section 27 bears, S. 49 °15' 21" tT. 5200.62 feet; thence N, 49°35' 16"T9. 500.00 feet; thence N.41°13'00"E. 175.00 feet to a pint 50 feet, more or less, Westerly of a fence Line as now constructed and in place; thence 5.49935"16"E. along a S0 foot access rood, 500.00 feet to a point 50 feet, more or less, taterly of said fence and 50 feet, more or less, Northerly of the Northerly right-of-wav line of sand iiic-lway; thence S.41°13'00N. 175.00 feet to the point of beginning, containing 2.01 Acres, more or less. (in the State of COlorado and County of C ±field); and VHEPEAS, the Petitioner has demonstrated to the satisfaction of the Board of County CQmris6i1 net :f Car -field Countyi Colorado, that the proposed division does notfall within the purposes of Part 1, Article 28, Fide 30, Colorado 7 :i^t' Statutes 1973, as amended, for the reason that the i'P ct created does not warrant a full sUbdivisiOn review: and w Yu�.-�✓.i '1' MO dd IL 26'94 t�4Onazaftdir s�tYY,r gad litiBEREAs, the Petitioner has dr}lvistrated to the satisfaction of 1#W8oard of County Ccrmussioners of Garfield County, Colorado, that there is a reasonable probability of locating den stic water on each of said tract that there.is adequate ingress and egXess to said tracts, that the ]ecation of septic tanks will, be permitted by the Oolor;ado L pertinent of Health, that the requested division is not part of an existing or larger, development and doe not fall within the 5enura1 purpOaes and intent of the subdivison regulations of the State of Colorado and the County of Garfield, and should therefore, be exempted from the. definition of the terms 'subdivision" and "subdivided land" as set forth in C.R.S. 1973, 30-29-101 (10) (a)^(d), as amended; NOW, FORE, BE I'T RESOLVED that the division of the above described tracts "A", 'i8", and "C" from the above described 6 acre tract is hereby exempted from sucks definitions and said tract may be divided into tracts 'A , "g", and "C", all as is more fully described above, and said divided tract may be conveyed in the foam of sueh smaller tracts without further c.Lt,ualianee with the aforesaid subdivisions statutes and regulations; pravidcd, however, that this exemption is granted on the condition and with the express understanding and ziareanent of the Petitioner that no further exemptions be allowed on said tracts "A", "B", and "C", and that a copy of the instrun nt or instalments of conveyance when recorded shall be filed with this Resolution. ATTEST; Deprrerk of`th Board of County CommisSieners Garfield County, Colorado THE BOITD OF COUNITY C a41SSIMERS OF GARFIELD COLNCY COLORADO Temporary Chdirman Upon motion duly mid* and uoanded the foregoing Resolution wad adopt*d by the foUowing vote. Flaven g..xs Ay* Eugene "Jinn" prifk;l{.u$e Aye Aye CO Mee- 4.Onf!r STATE OF COLORADO County of Garfield f; County Clerk and exorfiRo Clerk of the Board of CoUory Comeau -toners In eat; !Or the Car u4} and C:&LI a;ae.ald L'o hereL/ eats y li'.at the u:rexcd and foregoing Order is truly copied from UN Records al the proceedings of the Board of County Commissioners for said Garfield County, now in my offir■, IN WITNESS WH£LtEOF, I have hereunto yet my hand and affixed the mat al said County, at Glenwoa6 Springs, this day of A. D. 19 C:unly Clerk ar,d of t.`,r Ja7d Gf CauntY CSr.L:., •:,��•.Y.. • MA PLACE HOLDER tel/i 3 7 WEST DIVIDE WATER CONSERVANCY DISTRICT P. O. BOB 1478 RIFLE, COLORADO 81658-1478 625-1887 Officers President 876-2821 Kelly Couey 4745 G.R. 315 Silt, CO 81652 Vice President Samuel B. Potter 0598 C. R. 323 Rifle, CO 81650 Treasurer Laverne Starbuck 1859 G.R. 344 Silt, CO 81652 Secretary/Water Manages 625-1887 Russell George, Attorney Stuver & George, P.C. P. 0. Box 907 Rifle, CO 81650 August 12, 1994 • Gene Verkerk 80 West Carson Parachute, CO 81635 Dear Mr. Verkerk: wAltai STATE u Dowd of Directors Kelly Couey 4745 C. R. 315 Silt, CO 81652 Joe Kautz, Jr. 6107 Highway 133 Carbondale, CO 81623 Laverne Starbuck 1859 C.R. 344 Silt, CO 81652 Gregory Durrett 926 Blake Avenue Glenwood Springs, CO 81601 Samuel B. Potter 0598 C.R. 323 Rifle, CO 81650 RECEIVED West Divide has approved your allotment contract No. 940809GV(a). Please read the contract carefully if you have not already done so, but please especially note paragraph 2 concerning availability of water. West Divide obtains its storage water from Ruedi Reservoir and Green Mountain Reservoir, Current federal policy has made it increasingly difficult to predict availability of water to West Divide. We cannot make guarantees that we can make any water available to you under this contract. If this is of concern to you, you may rescind this contract if you give us written notice within the next 15 days. Otherwise we will maintain the contract in force according to its terms and subject to this disclaimer. Copies of your contract have been or are being submitted to the following entities: The State Division of Water Resources Division No. 5 Water Resources Gene Verkerk August 12, 1994 Page 2 The Colorado River Water Conservation District The Garfield County Department of Planning District No. 45 Water Resources West Divide's Attorney and Engineer Russell George Attorney and Water Manager Enclosure RECEIVED AUG 26'94 T�� o cc The State Division of Water Resources w/enclosure Division No. 5 Water Resources w/enclosure The Colorado River Water Conservation District w/enclosure The Garfield County Department of Planning w/enclosure District No. 45 Water Resources Ng/enclosure Edward J. Currier, Engineer Ng/enclosure Russell George, Attorney w/enclosure 69 affllb cr rout • 0 i D * V HAP I.D. Oa APPLICATION AND DATA FORS TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT For 01L ca use ady A. APPLICANT. Name ,t_Je L Address e? U = 'r {xy• p t:o l+c_ , Telephone Number =fir, 3 %S', e Authorized Agent or Representat ve B. WATER RIGHT OWNED BY APPLICANT Name of Right e.r er 1 We-\\ Typo or structure or Right 6ti.- e, Location of ?oifltf Diversion Zuf -i Water Court Case No. Well permit No, an�,. C. INTENDED USE DF LEASED WATER Location of Area of Use .3 .77L rti,7_1,2 De rdption of Use 6. Number of Dwelling Units ! Total Acreage • Proposed Potable Water System e --- ._—.-- EE Halt: 26 '94 Proposed Waste -Water Treatment System ,, r,�_ - «-c---,��• 'Projected Monthly Volume of Leased Water Needed in Gallons; 'Tan.,____ Feb,, Mar, . Apr._ May Funs auly Aug,Sept. Oct. Nov. Doc. Annual Total Gallons . Acre Feet Maximum Instantaneous ❑emand, gpm OTHER REMARKS, r rump a_A gam ► Contract f 4 b M � Map ID 1 Date Activate* - • IC) - WEST DIVIDE WATER CONSERVANCY DISTRICT Water Allotment Contract Name of Applicant: G eN-N. Quantity of water in acre feet Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, 37-45-101, et seq., (hereinafter referred to as the "District") for an allotment contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this application, and subsequent delivery and use of water, Applicant hereby agrees to the following terms and conditions: 1. Water Rights: Applicant shall own water rights at the point of d�iveslon herein lawfully entitling Applicant to divert water, which will be supplemented by water leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the state Engineer. 2. Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre-feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this contract. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow rights to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided, it may so notify the District in writing, and the amount of water allotted under this contract shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneficial use: Any and all water allotted Applicant by the DiserTct aha be used for the following beneficial use or uses: Municipal, domestic and related uses, or irrigation and commercial (except to the extent that Ruedi water may not be available for irrigation and commercial as those terms are defined on page 5 of Contract No. 2-07-70-W0547 between the United States and the west Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's contCot. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the Applicant at the outlet works of Said storage facilities or at the decreed point of -1- diversion for said other sources, and release or delivery of water at such outlets or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir shall be subject to the District's lease contract with the United states Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado State Engineer to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. The District, or anyone using the District's decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, (though not at the original point of diversion) only as against water rights which are junior to the date of application for the alternate point of diversion. 5. Alternate Point or Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the exclusive right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal and engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemnify the District from any costa or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this agreement. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent, In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under paragraph 19 below, In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6, Contract Payment: Non-refundable, one time administrative charge, in the amount determined by the Board of Directors of the District from time to time, shall be submitted with this application for consideration by the District. -2- Annual payment for the water service described herein shall be determined by the Board of Directors of the District at a per acre-foot rate. The initial annual payment shall be made, in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual payment is not made by the due date, written notice thereof will be sent by the District to the Applicant at such address as may be designated by the Applicant in writing. (IE no address has been ao designated in writing, then said notice shall be Bent to Applicant's address set forth herein. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. IC payment is not made within ten (10) days after the date of said written notice, Applicant shall at District's sole ❑ption have no further right, title or interest under this contract without further notice and delivery may be immediately curtailed; and the allotment of water, as herein made, may be transferred, leased,,or otherwise disposed of at the discretion of the Board of Directors of the District. 7. Security; As security to the District, the foregoing covenant of annual payments in advance of water delivery, will be fully met by annual budget and appropriation of funds from such sources of revenues as may be legally available to the Applicant. As additional security to the District, the Applicant will hold harmless the District and any person, corporation, quasi -governmental entity, or other governmental entity, for discontinuance in service due to the failure of the Applicant to maintain the payments herein contemplated on a current basis. Applicant agrees to defray any out-of-pocket expenses incurredby the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment: This agreement shall inure to the benefit of the heirs, successors or assigns of the parties hereto, except that no assignment shall be permitted in the event the water right allotted hereunder is to be used for the benefit of land which will be subdivided or otherwise held or owned in separate ownership interests by two (2) or more users of the water right allotted hereunder. In no event shall the owner of a portion, but lees than all, of the Applicant's property to bo served under this contract, have any rights hereunder. Any assignment of the Applicant's rights under this contract shall be subject to, and must comply with, ouch requirements as the District may hereafter adopt regarding assignment of contract rights and the assumption of contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment contracts. 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. 10. Operation and Maintenance Agreement: Applicant shall enter into an "OperaEron and Maintenance -Agreement" with the District under terns and conditions determined by the Board of Directors of the ❑istrict, if and when, the Board of said District -3- determines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. 11. Chancre of Use: The District reserves the exclusive right to review, reapprove or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this contract. 12, Use and Place of Use; Applicant agrees to use the water in the manner an on t e property described in the documents submitted to the District at the time this agreement is executed (said documents are incorporated herein by this reference thereto), or in any operation and maintenance agreement provided by Applicant. Any use other than as net forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. 13. Titles It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 015. Restrictions: Applicant shall restrict uses as follows (unless specific waivers are appended to this agreement). Violation of these restrictions shall be deemed to be a material breach of this agreement. Use Annual Maximum Diversion Household 1/3 acre foot Domestic (includes lawn) 1 - 3 acre feet Livestock (cattle) 1 acre foot/100 head Irrigation 2 - 3 acre feet/acre 16. Well Permit: If Applicant intends to divert through a well, then ApprrEWnt must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. 17. Representations: By executing this agreement, Applicant agrees that hes not relying on any legal or engineering advice that he may believe he has received from the District. Applicant further acknowledges that he has obtained all necessary legal and engineering advice from his own sources other than the District. Applicant further acknowledges that the District makes no guarantees, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this agreement. Should the District be unable to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 18. Costs of Water Court Filing: Should the District, in its own discretion, choose to include Applicant's contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceeding. A A S 2 6 .94 Mitt( h -4- 19. Binding Agreement: This Agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application for Purchase of Waters from the west Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. 20. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO ❑IVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE, APPLICAN By i' APPLICA`NNT ADDRESS: V �J (21Vii2 STATE OF COLORADO ) ) as. COUNTY QF GARFIELD ) The foreclaing instrumen was acknowledged before me on this day of r�� , 19j , by Gerlg_ _A] fr er-k.. * Witness my hand and official seal. My commission expires: inOaCtO q =ub is ORDER After a hearing by the Board of Directors of the west Divide Water Conservancy District on the above application, it is hereby ORDERED that said application be granted and this contract shall be and is accepted by the District. WEST DIVIDE WATER CONSERVANCY DISTRICT By President g//0/q,4 Da a This contract includes and is subject to the terms and conditions of the following documents which must accompany this contract: 1. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed 3. Other RECEIVED AUG 26'94 WATER RE4gjottCE3 STATE ENGINEER rx1i,Ir -5- T7S r8S rgs T6S RECPIED AUG 2 6 '94 R97W ICAPFIELD CO.___ -L.: --,,,--,-. (.,-7.—'--- 1 MESA CO. 1. v,-,.... ; f 1 LT . I. ' • ) \ \ i •". jr - -` '..4 — 1\- - -6 6'.. n - .... { '1.4 : \1 f NI 1 .] 2* . IN DEBEOLJE.... 1 . I I li _ i I 1 I i al i 1 R97W c) R96W PARACHUTE AREA. A IP fee RI Beginning At_ A point, whence thn Soollolest Collier of snit her 27 benrc S.49.15'2111W. 5200.62 feel; thPoeu N.49415.16W. 500.00 feet; theory 5241.13'00V. 175.00 fent; thenc0 git9.35"16"E, MOM) fort to a point, 50 feet, more or less, Nuilh”viy of nnid Highwnytmor0.4)*WoultE. 175.00 to the poiot ot hegioniog, routnitling 7.01 Arles, mole or logn. to two 10 fienring VCO not'hbli0hert Range 96 Went uf tha Sixth NW Corner ned W1/4 Canter of ?aid Scrtion 34. February 9, 1981 Job No, 280821 Revision Date: February 27, 1981 ) ( I -0 IM..2k '93 12:5e MXiliAtT A PARCEL NO. 2: RISLEY PROP. .4 1. .• . (.)(iiiii ior mt 14 Ito11i4t1.,;7/ 1.111.1.1 TEL 303-2135-7639 RECEIVED AV 2 6 '94 WAM STATE A parcel of land mituftted io the SWIt HEk of Seetiou 2/; Town.hip 7 South, , Raoge 96 Wet of tha Sixth Ptincipal Hetidino, CarfIrOd c000ty, colorado, lying 7 .urore ep NortherlyU 'of .S. Hnod Highway 6 d 74,"Fairnrcrl 10 folly deribeA10.t Ai fallOWO: • " ' L)r feet. , 4 foOL 111. i 1 111 rI1II.111 r i111111ilwit ill a !toothwenterly direction scroAN ceid pnrcel of Imoi beinR nt 'mhos 11.49'15'14W, 95 feet nod 345 feet , from Lhn point of begioniog of rinid pnitel. A1.0 loilether with a 50 Not, more or lerix, fruntngo roAd lioiog between reireIs I, 7, nod nod lbe Norlherly right-of-way line of U.F. highwey 4 mod 24. from ptior sotery in Sertion 34 of Townahip 7 South, Principal Hr:ridinn. tine R..01645'43"14. betwnen the syry:_r • et. _10 • 1/9/2020 qPublic.net - Garfield County, CO - Property Record Card: R260298 qPublic.net`" Garfield County, CO Summary Account R260298 Parcel 240923300098 Property , PARACHUTE, CO 81635 Address Legal Section: 23 Township: 7 Range: 96 THAT PT OF SENW & W1/2SW Description CONT. 79A LYING SELY OF I-70 SEC. 22 THAT PT OF SESE (21.63A) LYING SELY OF I-70 SEC. 27 ALL THAT OF NENE, W1/2NE & LOT 1 CONT 65A LYING SELY OF I-70 TOTAL 165.63A LESS HWY R.R. ROW 22.96A Acres 142.67 Land SciFt 0 Tax Area 26 Mill Levy 49.313 Subdivision View Map Owner STRAIT BOTTOM RANCH LLLP PO BOX 26 WOODY CREEK CO 81656-0026 Land Unit Type 100AC & UP-0560 (VACANT LAND) Square Feet 0 Actual Values Assessed Year 2020 2019 2018 Land Actual $89,000.00 $89,000.00 $86,000.00 Improvement Actual $0.00 $0.00 $0.00 Total Actual $89,000.00 $89,000.00 $86,000.00 Assessed Values Assessed Year 2020 2019 2018 Land Assessed $25,810.00 $25,810.00 $24,940.00 Improvement Assessed $0.00 $0.00 $0.00 Total Assessed $25,810.00 $25,810.00 $24,940.00 Tax History Tax Year 2019 2018 2017 2016 Taxes Billed $1,272.76 $1,245.72 $1,170.76 $644.80 Click here to view the tax information for this parcel on the Garfield County Treasurer's website. Transfers Sale Date Deed Type Reception Number Book - Page 1/23/2015 AGREEMENT 859667 8/1/2006 AFFIDAVIT 710963 1862-807 4/17/2006 AFFIDAVIT 696694 1793-367 4/4/2006 EASEMENT 696726 1793-585 7/20/2005 MEMORANDUM 680849 1719-948 7/19/2005 DEED 679003 1710-621 7/1/2005 SPECIAL WARRANTY DEED 677422 6/30/2005 SPECIAL WARRANTY DEED 677426 1703-258 4/1/2005 DEED 677424 1703-252 12/30/2004 SPECIAL WARRANTY DEED 666246 1652-257 11/13/1996 Deeds 1000-0249 Photos Sale Price Grantor Grantee https://qpublic.schneidercorp.com/Application.aspx?AppID=1038&LayerlD=22381 &PageTypelD=4&PagelD=9447&Q=1170019241 &KeyValue=R260298 1 /2 1/9/2020 qPublic.net - Garfield County, CO - Property Record Card: R260298 No data available for the following modules: Buildings, Sketches. The Garfield County Assessor's Office makes every effort to produce the most accurate information possible. No warranties, expressed or implied are provided for the data herein, its use or interpretation. Data is subject to constant change and its accuracy and completeness cannot be guaranteed. User Privacy Policy GDPR Privacy Notice Last Data Upload: 1/9/2020,1:44:35 AM Version 2.3.32 Developed by (Z) Schneider 6f OSPATIAL https://qpublic.schneidercorp.com/Application.aspx?AppID=1038&LayerlD=22381 &PageTypelD=4&PagelD=9447&Q=1170019241 &KeyValue=R260298 2/2 WESTRN ENVIRONNENT £ND Ec'QLQY, I2rG January loth, 2020 Josh Williams Environmental Health Manager Garfield County Environmental Health 195 West 14' Street Rifle, CO 81650 Subject: Environmental Issues Inquiry, Northeast 1/4 Section 27, Township 7 South, Range 96 West, Unincorporated Parachute, Colorado 81635 Dear Mr. Williams, As a requirement for a Phase I Environmental Site Assessment, I respectively submit this request for an environmental records search of the subject property and adjacent properties by your office. I am especially interested in any records of environmental releases, chemical recovery, responses, above ground and/or underground storage tanks, hazardous materials storage incidents, landfills, etc. which may be, or are, impacting the site. I look forward to receiving your response. If you have questions about these properties, do not hesitate to contact me at 303-730-3452. Faxed or emailed copies of your review would be more than sufficient. Thank you very much for your time in this matter. Please feel free to provide an invoice for any photocopies you make. Sincerely, WESTERN ENVIRONMENT AND ECOLOGY, INC. Brian Kraus Staff Technician brian@westernenvironment.com cc. File 2217 WEST POWERS AVENUE ' LITTLETON, COLORADO 80120 PHONE (303)730-3452 ' FAX (303)730-3461 WW W.WESTERNENVIRO:NME,NT,COI!M WESTRN ENVIRONNENT £ND Ec'QLQY, I2rG January 10`h, 2020 Andrew Duprey Grand Valley FPD Fire Chief 200 Grand Valley Way Parachute, Colorado 81635 Subject: Environmental Issues Inquiry, Northeast 1/4 Section 27, Township 7 South, Range 96 West, Unincorporated Parachute, Colorado 81635 Dear Mr. Duprey, As a requirement for a Phase I Environmental Site Assessment, I respectively submit this request for an environmental records search of the subject property and adjacent properties by your office. I am especially interested in any records of environmental releases, chemical recovery, responses, above ground and/or underground storage tanks, hazardous materials storage incidents, landfills, etc. which may be, or are, impacting the site. I look forward to receiving your response. If you have questions about these properties, do not hesitate to contact me at 303-730-3452. Faxed or emailed copies of your review would be more than sufficient. Thank you very much for your time in this matter. Please feel free to provide an invoice for any photocopies you make. Sincerely, WESTERN ENVIRONMENT AND ECOLOGY, INC. Brian Kraus Staff Technician brian@westernenvironment. com cc. File 2217 WEST POWERS AVENUE ' LITTLETON, COLORADO 80120 PHONE (303)730-3452 ' FAX (303)730-3461 WW W.WESTERNENVIRO:N7lCMNT,COI!M Western Environment and Ecology, Inc. User Questionnaire for a Phase I Environmental Site Assessment, ASTM 1527-13 Subject Property Address or Description: Approximately 25 acres in Northeast VI South 27, Township 7 South, Range 96 Unincorporated Parachute, Colorado 81635. In order to qualify for one of the Landowner Liability Protections (LLPs) offered by the Small Business Liability Relief and Brownfields Revitalization Act of 2001, The user of a Phase I Environmental Site Assessment must provide the following information (if available) to the environmental professional. Failure to provide this information could result in a determination that "all appropriate inquiry" is not complete. 1. Environmental cleanup liens that are filed or recorded against the site: Are you aware of any environmental cleanup liens against the subject property that are filed or recorded under federal, tribal, state, or local law? No If yes, please describe the lien and provide supporting documentation: 2. Activity and land use limitations (AULs) that are in place on the site or that have been filed or recorded in a registry: Are you aware of any AULs, such as engineering controls, land use restrictions, or institutional controls that are in place at the subject property and/or have been filed or recorded in a registry under federal, tribal, state, or local law? No If yes, please describe the AUL and provide supporting documentation: Western Environment and Ecology, Inc. User Questionnaire for a Phase I Environmental Site Assessment, ASTM 1527-13 3. Specialized knowledge or experience of the person seeking to qualify for the LLP As the potential user of the subject property, do you have any specialized knowledge or experience related to the subject property or nearby properties? For example, are you involved in the same line of business as the current or former occupants of the property or adjoining property so that you would have specialized knowledge of the chemicals, processes, etc., used by this type of business? No If yes, please describe this specialized knowledge or experience: 4. Relationship of the purchase price to the fair market value of the subject property if it were not contaminated. Has the purchase price of this property been lowered below fair market value because of any contamination or some type of environmental issue? No If yes, please describe the reasons for the lower purchase price: 5. Commonly known or reasonably ascertainable information about the property. Are you aware of commonly known or reasonably ascertainable information about the property that would help the environmental professional to identify conditions indicative of releases or threatened releases? A. Do you know the past uses of the property? (if "Yes", what?) No B. Do you know of chemicals that are present or once were present at the property? No Western Environment and Ecology, Inc. User Questionnaire for a Phase I Environmental Site Assessment, ASTM 1527-13 C. Do you know of any petroleum based products that are present or were once present on the subject property (in 5-gal or greater size containers, barrels, or tanks)? No D. Do you know of any spills or other chemical releases that have taken place at the property? No E. Do you know of any environmental cleanups that have taken place at the property? No If yes, please describe the information: 6. Do you know of any special permits need for the operation of the business or businesses that have occupied the subject property? • Waste water discharge permit? No • Air emissions permit? No • Any other type of permits? No 7. The degree of obviousness of the presence of contamination at the property, and the ability to detect the contamination by appropriate investigation. As the potential user of the subject property, based on your knowledge and experience related to the property, are there any obvious indicators that point to the presence or likely presence of contamination at the property? No If yes, please describe the information: Western Environment and Ecology, Inc. User Questionnaire for a Phase I Environmental Site Assessment, ASTM 1527-13 8. Are you aware or have you ever been notified that another property around the subject site has caused or had an environmental impact to the property. No If yes, please describe which property and a brief description of the issue: 9. Are there any prior environmental reports concerning the subject property or related addresses? No If yes, can you provide copies of these reports or know where there are copies of these reports? Additional Information How long have you had interest in acquiring the subject property? Approx. 6 months Description of current activity on the subject property? Vacant, some oil and gas extraction Do you have any knowledge of past ownership or activity on the subject property that would be of environmental concern? No What is the reason the Phase I is being conducted? Solar Energy Development List all parties who will rely on the Phase I ESA report: TCA Microgrid dba Pivot Energy LLC & Pivot Solar 3 LLC Completed by: Signature: Printed Name: Date: Luke Rickard 2/10/2020 Western Environment and Ecology, Inc. User Questionnaire for a Phase I Environmental Site Assessment, ASTM 1527-13 Additional Notes: Western Environment and Ecology, Inc. Owner Questionnaire for a Phase I Environmental Site Assessment, ASTM 1527-13 Subject Property Address or Description: Approximately 25 acres in Northeast '/a South 27, Township 7 South, Range 96 Unincorporated Parachute, Colorado 81635. In order to qualify for one of the Landowner Liability Protections (LLPs) offered by the Small Business Liability Relief and Brownfields Revitalization Act of 2001, The user of a Phase I Environmental Site Assessment must provide the following information (if available) to the environmental professional. Failure to provide this information could result in a determination that "all appropriate inquiry" is not complete. 1. Environmental cleanup liens that are filed or recorded against the site: Are you aware of any environmental cleanup liens against the subject property that are filed or recorded under federal, tribal, state, or local law? D If yes, please describe the lien and provide supporting documentation: 2. Activity and land use limitations (AULs) that are in place on the site or that have been filed or recorded in a registry: Are you aware of any AULs, such as engineering controls, land use restrictions, or institutional controls that are in place at the subject property and/or h ve been filed or recorded in a registry under federal, tribal, state, or local law? If yes, please describe the AUL and provide supporting documentation: Western Environment and Ecology, Inc_ Owner Questionnaire for a Phase I Environmental Site Assessment, ASTM 1527-13 3. Specialized knowledge or experience of the person seeking to qualify for the 1-.LP As the owner of the subject property, do you have any specialized knowledge or experience related to the subject property or nearby properties? For example, are you involved in the same line of business as the current or former occupants of the property or adjoining property so that you would have specialized knowledge of the chemicals, processes, etc., used by this type of business? If yes, please describe this specialized knowledge or experience: 4. Relationship of the purchase price to the fair market value of the subject property if it were not contaminated. Has the purchase price of this property been lowered below fair market value because of any contamination or some type of environmental issue? If yes, please describe the reasons for the lower purchase price: No 5. Commonly known or reasonably ascertainable information about the property_ Are you aware of commonly known or reasonably ascertainable information about the property that would help the environmental professional to identify conditions indicative of releases or threatened releases? For example, as the owner: A. Do you know the past uses of the property? (if "Yes", what?) B. Do you knowofchemicals that are present or once were present at the ,, property? 1[�` Western Environment and Ecology, Inc. Owner Questionnaire for a Phase I Environmental Site Assessment, ASTM 1527-13 C. Do you know of any petroleum based products that are present or were once present on the subject property (in 5-gal or greater size containers, barrels, or tanks)? /rQ D. Do you know of anyspills or other chemical releases that have taken place at AAlI the property? E. Do you know of any environmental cleanups that have taken place at the property? / vo If yes, please describe the information: 6. Do you know of any special permits need for the operation of the business or businesses that have occupied the subject prope ? • Waste water discharge permit? %I Q • Air emissions permit? A 6 • Any other type of permits? A Q 7. The degree of obviousness of the presence of contamination at the property, and the ability to detect the contamination by appropriate investigation. As the owner of the subject property, based on your knowledge and experience related to the property, are there any obvious indicators that point to the presence or likely presence of contamination at the property? If yes, please describe the information: Western Environment and Ecology, Inc. Owner Questionnaire for a Phase I Environmental Site Assessment, ASTM 1527-13 8. Are you aware or have you ever been notified that another property around yours has caused or had an environmental impact to your property. If yes, please describe which property and a brief description of the issue: 9. Are there any prior environmental reports (Phase 1 Environmental Site No Assessments) concerningthe subject property or related addresses? If yes, can you provide copies of these reports or know where there are copies of these reports? Additional Information How long have you owned the subject property? Description of current activity on the subject property? 02 8 Ye 0, c ,k_p Do you have any knowledge of past ownership or activity on the subject property that would be of environmental concern? What is the reason the Phase I is being conducted? cle.-1-e be915 ASA, List all parties who will rely on the Phase I ESA report: Completed by: Signature: Printed Name: Date: a2,i ozA l Western Environment and Ecology, Inc. ()winter Questionnaire for a Phase I Environmental Site Assessment, ASTM 1527-13 Additional Notes: APPENDIX D WESTERN ENVirtoNNIENT AND ECOLOGY, INC. Statement of Qualifications "We declare that, to the best of our professional knowledge and belief, we meet the definition of Environmental professional as defined in 40 CFR 312 and we have the specific qualifications based on education, training, and experience to assess a property of the nature, history, and setting of the subject property. We have developed and performed the appropriate inquiries in conformance with the standards and practices set forth in 40 CFR Part 312." REAL ESTATE TRANSFER ENVIRONMENTAL AUDITS (RETA) WESTERN ENVIRONMENT AND ECOLOGY, INC. In response to provisions contained within the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA), lending institutions, firms and individuals involved with property transfers have become painfully aware of the costs associated with environmental liabilities. In an attempt to make informed decisions and potentially avail themselves of the "innocent purchaser defense" as defined in CERCLA, lending institutions are requiring the completion of an environmental audit. Previously, the completeness and the thoroughness of these audits varied as greatly as the cost. However, in late 1992, the American Society of Testing and Materials (ASTM) adopted specific standards for completion of Phase I audits. The ASTM standards (E-1527 and E-1528) are quite specific as to the level of investigation necessary to complete the audit. WESTERN ENVIRON r ENT AND ECOLOGY, INC. has performed Real Estate Transfer Environmental Audits to ASTM standards long before the standards were adopted. Additionally, WESTERN ENVIRON kir ENT AND ECOLOGY, INC. personnel have provided training to FDIC regional offices on environmental compliance and financial institution liabilities. This familiarity with lending institutions and more than fifteen years of experience in performing RETA's allows WESTERN ENVIRONMENT AND ECOLOGY, INC. to provide efficient and complete reports meeting short time frame requirements. SERVICES "Historical Photo Records Search "Environmental Records Search "Interviews "On -site Inspection "Lead -Based Paint Survey "Asbestos Survey "Radon Survey "PCB Survey SELECTED CLIENT LIST Community Development Group Denver, Colorado City of Aurora, Aurora, Colorado City of Wheat Ridge, Colorado Shively, Strommen & Hoist, Longmont, Colorado Town of Lyons, Colorado Grant & Grant, Longmont, Colorado GREG D. SHERMAN, P.G. WESTERN ENVIRON rENT AND ECOLOGY, INC. President PROFESSIONAL CAPABILITIES: Mr. Sherman has more than 40 years of professional experience. He is currently President of WESTERN ENVIRONMENT AND ECOLOGY, INC, Prior to his current position, he was the Principal Geologist with SEACOR in its Lakewood, Colorado office. Duties performed in these capacities involved responsibility for CERCLA RI/FS studies and RCRA investigations. His professional assignments include project management and technical direction of the design and installation of the 2,000-foot long the 881 Hillside Groundwater Interception trench at the Rocky Flats Nuclear Weapons Plant in Jefferson County, Colorado. Mr. Sherman was Field Operations Manager for the installation of 75 groundwater extraction wells and vapor extraction and sparging points. This work was completed on the Stanford Research Park Superfund site in Palo Alto, California. Recently, he has concentrated on VOC remediation system design and installation utilizing on -site re -injection of treated groundwater and enhanced oxygenation systems. Mr. Sherman was lead investigator for the City of Wheat Ridge regarding the characterization of the Jay Street Park. This project, which was submitted to the Colorado Voluntary Clean -Up Program, received a grant from the Colorado Department of Public Health and Environment for innovative use of a Brownsfields site. Mr. Sherman and Western Environment and Ecology, Inc. was selected by the Cities of Aurora and Lakewood as their approved USEPA Brownsfields contractor. Mr. Sherman is past Chairman of the Rocky Mountain Section of the Association of Engineering Geologists. He has served as Chairman of Executive Enterprises Seminars on Sampling and Data Analysis. He has extensive experience in geotechnical and geological investigations, groundwater studies, UST testing and evaluation, construction materials testing and mineral resource evaluation. Mr. Sherman is recognized in the region as one of the leading experts in underground storage tank management and mine subsidence. He has placed special emphasis on the application of geophysical techniques to environmental and geotechnical investigations. Clients for these projects range from Federal, state and local governments to private industry and commercial developments. The project types included petroleum distribution facilities, nuclear power plants, highways and streets, dams and reservoirs, transmission lines, sewage treatment plants and sewage systems, hazardous and industrial waste disposal areas, and mining facilities, as well as residential and commercial developments. Mr. Sherman has performed geotechnical and geological investigations in Alaska, Arizona, California, Colorado, Idaho, Illinois, Montana, New Mexico, New York, Nevada, North Dakota, South Dakota, Texas, Utah and Wyoming. Additionally, he has international evaluation experience in the Middle East and Mexico. WESTERN ENVIRON rENT AND ECOLOGY, INC. REGISTRATION/CERTIFICATION Wyoming Professional Geologist #2296 Indiana Certified Geologist #786 Certified Professional Geologist, CPG #6586 Petro Tite Training Course, 1986 40-Hour OSHA Training Course, 1987 8-Hour OSHA Supervisor Course, 1987 Nuclear Density Gauge Operation and Safety Training Course, 1984 NRC Quality Assurance Training, 1978 Asbestos Inspector, 1996 EXPERIENCE Western Environment and Ecology, Inc., Littleton, Colorado; President, 1994. SEACOR, Inc., Lakewood, Colorado; Principal Scientist, 1992-1993. Roy F. Weston, Inc., Lakewood, Colorado; Principal Geologist, 1990-1992. ATEC Associates, Inc., Denver, Colorado; Environmental Division Manager, 1985-1990. Tierra Consultants, Inc., Denver, Colorado; President, 1982-1985. Apache Energy and Minerals, Denver, Colorado; Senior Project Geologist, 1979-1982. Dames and Moore, Denver, Colorado; Project Geologist, 1977-1979. Resource Associates of Alaska, Fairbanks, Alaska; Staff Geologist, 1976. Uranerez U.S.A., Inc., Casper, Wyoming; Staff Geologist, 1975-1976. Amoco Production Company, Denver, Colorado; Lab Technician, 1974. Cities Service Company, Durango, Colorado; Field Technician, 1973. EDUCATION B.S., Geology, University of Northern Colorado, 1975 Graduate Studies, New Mexico Institute of Mining and Technology, 1977 AWARDS Rocky Mountain Associate of Geologists, Outstanding Senior, 1975 Who's Who in the West, 1988 Colorado Wildlife Federation, 1996 Conservationist of the Year (Owl Mountain Partnership) PROFESSIONAL ASSOCIATIONS Association of Engineering Geologists American Institute of Professional Geologists Senior Scientist Colca Canyon Scientific Expedition, 1990 Colorado School of Mines, Non -facility Senior Design Team Advisor WESTERN ENVIRON rENT AND ECOLOGY, INC. PUBLICATIONS/PRESENTATIONS Greg D. Sherman and Brian R. Partington., "Abandoned Mine Subsidence Prediction Using British National Coal Board Methods, Boulder/Weld Coal Field, Denver, Colorado" Proceedings for the International Association of Engineering Geologists, 2006 Meeting Nottingham, United Kingdom. September 2006. Sherman, Greg D., "Sampling and Data Analysis"; Executive Enterprises Seminar, Chairman, May 1992. Sherman, Greg D., "Statistical Design of Sampling Plans"; Executive Enterprises Seminar, June 1990. Sherman, Greg D., "Impact of the EPA UST Regulations"; Tri-State Petroleum Marketer, December 1988. Sherman, Greg D., "Variables Effecting Volumetric Leak Detection Methods for Underground Storage Tanks"; Paper given to the Colorado Section, American Society of Civil Engineers, 1988. Sherman, Greg D., "The Impact of Underground Storage Tank Regulations on Industry"; Extended Abstracts, American Institute of Chemical Engineers, National Meeting, 1988. Sherman, Greg D., "Assessment of Subsidence Damage to Existing Structures in Louisville, Lafayette, Colorado"; Proceedings of the Colorado Governor's Conference on Subsidence, 1985. Sherman, Greg D., "Geology and Mining History of the Boulder/Weld Coal Field"; Paper given at Denver Coal Club Meeting, 1985. Sherman, Greg D., "The New Mexico Gold Belt Regional Structural Implications"; Proceedings of the Western Mining Association, 1982 Convention. Sherman, Greg D., "Colorado Front Range Uranium Deposits, A Possible Origin": in review. Sherman, Greg D., "Origin of Monoclinal Folding Near Livermore, Colorado"; Mountain Geologist, April 1976. WESTERN ENVIRON rENT AND ECOLOGY, INC. WESTERN ENVIRON rENT AND ECOLOGY, INC. General Ecological and Cultural Resources Survey Approximately 25 acres within Section 27, Township 7 South, Range 96 West Garfield County, Colorado 81635 Prepared for: ` rN Pivot 4pw, Energy 1750 15' Street Suite 400 Denver, Colorado 80202 WESTERN E »IRO N ENT .ND ECOLOGY, INC. 2217 West Powers Avenue Littleton, Colorado 80120 (303) 730-3452 (303) 730-3461 (fax) westernenvironment. corn General Ecological and Cultural Resources Survey Approximately 25 acres within Section 27, Township 7 South, Range 96 West Garfield County, Colorado 81635 Western Environment and Ecology, Inc. Project Number: 750-033-02 January l2`h, 2020 Prepared for: Pivot Energy 1750 15`h Street Suite 400 Denver, Colorado 80202 Prepared by: Reviewed by: Brian Kraus Staff Technician Brendan Calonge Senior Staff Scientist WESTERN ENVIRONMENT AND ECOLOGY, INC, 2217 West Powers Avenue Littleton, Colorado 80120 (303) 730 3452 (phone) (303) 730-3461 (fax) www.westernenvironment.com TABLE OF CONTENTS 1.0 INTRODUCTION 1 2.0 STUDY AREA 2 3.0 METHODS 5 4.0 RESULTS AND DISCUSSION 7 4.1 Wetlands 7 4.2 Cultural Resources Survey 7 4.3 Species Eliminated from Consideration 8 4.4 Species Included in Survey 9 Bald Eagle 9 Ferruginous Hawk 9 Kit Fox 10 Ute Ladies - Tress Orchid 10 De Beque Phacelia 1 1 Colorado Hookless Cacuts 11 Parachute Beardtongue 12 Other Wildlife 12 5.0 CONCLUSIONS AND RECOMMENDATIONS 13 6.0 LITERATURE CITED 14 FIGURES FIGURE 1 Site Location Map 3 FIGURE 2 Site Map 4 TABLES TABLE 1 Threatened and Endangered Species in the Colorado Piedmont 6 General Ecological Resource Survey - Approx 25 Acres S27, T7S, R96W Garfield County, Colorado 81635 Page -1- 1.0 INTRODUCTION Western Environment and Ecology, Inc. (Western Environment) was retained by Mr. Luke Rickard, Director of Project Development for Pivot Energy, to conduct a general survey of ecological resources, including threatened and endangered species, wetlands, and other significant habitats, for an approximately 25 acre project site within a larger 142.67 acre parcel. The subject property is located within Section 27, Township 7 South, Range 96 West, Garfield County, Colorado. Mr. Rickard indicated this report was in response to the potential lease of the property for a solar array. The objectives of this study were to (1) establish presence/absence and potential habitat of any federal or state threatened and endangered species on the property, (2) identify any wetlands or other ecologically sensitive areas on and adjacent to the property, and (3) make practical recommendations based on the results of the study. View of the Site to the West WESTERN ENVIRONMENT AND ECOLOGY, INC. General Ecological Resource Survey - Approx 25 Acres S27, T7S, R96W Garfield County, Colorado 81635 Page -2- 2.0 STUDY AREA This study was conducted for an approximately 25 acre project site within a larger 142.67 acre parcel. The subject property is located within Section 27, Township 7 South, Range 96 West, Garfield County, Colorado (Figure 1). The project site, currently vacant, is approximately 6,470 feet southwest of the intersection of Interstate Highway 70 and Old US Highway 6 (Figure 2). According to the Garfield County Assessors Office, the subject property is currently owned by Strait Bottom Ranch, LLLP. The property is surrounded by vacant land to the north, Kelly Gulch to the south, Old US Highway 6 to the east, and vacant land to the west. An oil and gas production facility is adjacent to the northwest within the larger parcel but not on the subject site. Two single family residences are present to the south approximately 270 feet and 450 feet not within the larger parcel. The Union Pacific Railroad and the Colorado River are located approximately 290 feet and 430 feet to the east. Interstate 70 is observed approximately 480 feet to the west (Figure 2). The project occurs at an elevation range of approximately 5,055 to 5,100 feet above sea level (USGS Parachute 7.5 Minute Quadrangle, 2019). The topography is generally flat, with a gradual slope to the southwest toward Kelly Gulch. The National Resource Conservation Service (NRCS) classifies the soils as Arvada loam on 6 to 20 percent slopes. Geology includes Quaternary Age gravels and alluviums overlying the Wasatch and Ohio Creek Formations (Tweto, Ogden, 1979). Review of the Federal Emergency Management Agency (FEMA) Flood Insurance Maps (attached) indicates no information is available regarding the 100-year flood plain. WESTERN ENVIRONMENT AND ECOLOGY, INC. USGS Parachute Quadrangle, 7.5-Minute Series, 2019 Approximate Scale in Miles 0 0.25 0.5 W ESTER N ENVIRONMENT AND ECOLOGY, I NC. 2217 West Powers Avenue Littleton, Colorado 80120 Figure 1 - Project Location Map Approximately 25 acres within Section 27, Township 7 South, Range 96 West Garfield County, Colorado 81635 W ESTER N ENVIRONMENT AND ECOLOGY, I NC. 2217 West Powers Avenue Littleton, Colorado 80120 0 Approximate Scale in feet 500 1000 Figure 2 - Site Map Approximately 25 acres within Section 27, Township 7 South, Range 96 West Garfield County, Colorado 81635 General Ecological Resource Survey - Approx 25 Acres S27, T7S, R96W Garfield County, Colorado 81635 Page -5- 3.0 METHODS Species that are federally or state listed as threatened or endangered, including federally proposed and candidate species, occurring or having historically occurred in Garfield County were considered for this study (Table 1). The county classification was determined by following the Colorado Field Office of the U.S. Fish and Wildlife Service's county checklist (USFWS, 2011). The list was narrowed based on habitat requirements of the species relative to existing habitats on the project. The property was surveyed on March 3rd, 2020. Information was collected on topography, ecosystems, and species of flora and fauna found on and adjacent to the property. Photographs were taken, and emphasis was placed on potential habitat of threatened and endangered species, and the presence of wetlands. At the time of the inspection, the property was vacant. The site was dominated by unmanaged upland grasses and invasive weeds including cheatgrass (Bromus tectorum) and sagebrush (Artemisia tridentata) with sparse population of tumble mustard (Sisymbrium altissimum). View of the Site to the West WESTERN ENVIRONMENT AND ECOLOGY, INC. General Ecological Resource Survey - Approx 25 Acres S27, T7S, R96W Garfield County, Colorado 81635 Page -6- Table 1. Common name, scientific name, and status of federal and state threatened and endangered species that could occur or historically occurred in Garfield County (CPW, 2011; USFWS, 2011). Common Name Birds Bald eagle Mexican Spotted Owl Yellow -billed Cuckoo Greater Sage -grouse Mammals Canada Lynx Kit Fox Plants Ute ladies' -tresses De Beque phacelia Colorado hookless cacuts Parachute beardtongue Fish B onytail Colorado pikeminnow Green cutthroat trout Humpback Chub Razorback sucker Scientific Name Haliaeetus leucocephalus Strix occidentails lucinda Coccyzus americanus Centrocerus urophasianus Lynx canadensis Vulpes macrotis Spiranthes diluvialis Phacelia submutica Sclerocactus glaucus Penstemon debilis Gila elegans Ptychocheilus lucius Oncorhynchus clarki stomias Gilia cypha Xyrauchen texanus Statusl SC FT, ST SC FT, SC FT, SE SE FT FT FT FT FT, SE FE, SE ST FE, SE FE, SE 'Status Codes: FE = Federally Endangered, FT = Federally Threatened, FPT = Federally Proposed as Threatened, FC = Federal Candidate, SE = State Endangered, ST = State Threatened, SC = State Concerned WESTERN ENVIRON_ ENT AND ECOLOOZ7 INC. General Ecological Resource Survey - Approx 25 Acres S27, T7S, R96W Garfield County, Colorado 81635 Page -7- 4.0 RESULTS AND DISCUSSION 4.1 Wetlands At the time of the inspection, no perennial waters, wetlands or obvious wetland habitat were observed on the property. However, the Kelly Gulch, observed with a dry bed and bank, was located on the south border. This gulch converges with the Colorado River approximately 600 feet southeast of the property. The U.S. Army Corps of Engineers (Corps) regulates the discharge of dredged or fill materials into Waters of the U.S. under the authority of Section 404 of the Clean Water Act. Waters of the U.S. include ephemeral, intermittent and perennial streams, their surface connected wetlands and adjacent wetlands, certain lakes, ponds, drainage ditches and irrigation ditches that have a nexus to interstate commerce. Western Environment evaluated, to the best of our ability based upon site conditions at the time of the survey, the three components of a jurisdictional wetland as defined in the US Army Corp of Engineers, (ACOE) Wetland Delineation Manual (1987). These components are: 1) Vegetation, 2) Soil and 3) Hydrology. The ACOE Manual defines Nonwetlands as "including upland areas that are neither deepwater aquatic habitats, wetlands, nor other special aquatic sites. They are seldom or never inundated, or if frequently inundated, they have saturated soils for only brief periods during the growing season, and, if vegetated, they normally support a prevalence of vegetation typically adapted for life only in aerobic soil conditions." The Kelly Gulch was observed along the south border of the subject site. This creek has a nexus connected to the Colorado River approximately 600 feet to the southeast. It is the opinion of Western Environment that Kelly Gulch is likely Waters of the U.S. and subject to the jurisdiction of the US Army Corps of Engineers. As such, any discharge into or impact of Kelly Gulch will require consultation with the Corps prior to construction. 4.2 Cultural Resources Survey Review of the National Register of Historic Places, Colorado Historical Society, and the Historic Preservation Database revealed no evidence on March l 2th, 2020 of historical significance associated with the site. WESTERN ENVIRON_ t�A r ENT AND ECOLOGY, INC. General Ecological Resource Survey - Approx 25 Acres S27, T7S, R96W Garfield County, Colorado 81635 Page -8- 4.3 Wildlife Species Eliminated from Consideration as Occurring on the Project The following threatened and endangered species that have historically been thought to occur in Garfield County were immediately ruled out of serious consideration for this project based on available habitat: Mexican spotted owl, Bonytail, Colorado pikeminnow, Green cutthroat trout, Humpback Chub, and Canada lynx. The Mexican spotted owl was eliminated because it requires forests that are not present on the project. The whooping crane was also eliminated due to rarity in Colorado, and no known nesting or feeding habitat exists on or adjacent to the property. Less than 20 sightings of whooping cranes along the eastern plains and mountainous regions of Colorado have been recorded since 1931 (Andrews and Righter, 1992). The yellow -billed cuckoo is a Colorado State species of concern which prefers open lowland deciduous woodlands with clearings and shrubby vegetation, especially those near rivers and streams. While the species is migratory and once bred across much of the United States and parts of Canada, Mexico and the Caribbean, due to habitat loss and pesticide use, current nesting populations within the U.S. are limited to disperse segments within California, Arizona, and New Mexico. The Greater sage -grouse requires a variety of habitats such as large expanses of sagebrush with a diversity of grasses and forbs and healthy wetland and riparian ecosystems. It requires sagebrush for cover and fall and winter food. The project site is located outside the historical Greater sage -grouse range and no healthy wetland and riparian ecosystem exists. Bonytail, Colorado pike minnow, Green cutthroat trout, Humpback Chub, and Razorback Sucker are all fish and require perennial waters. Due to the lack of streams or ponds, no habitat for the bonytail, Colorado pike minnow, greenback cutthroat trout, humpback chub, or razorback sucker exist on the project site. The Canada lynx is a rare forest -dwelling species of northern latitudes that feeds primarily on snowshoe hares. No lynx habitat or its prey exist on the subject site. WESTERN ENVIRONMENT AND ECOLOGY, INC, General Ecological Resource Survey - Approx 25 Acres S27, T7S, R96W Garfield County, Colorado 81635 Page -9- 4.4 Species Included in Survey Bald Eagle (Haliaeetus leucocephalus) State Threatened The bald eagle was removed from the Federal Endangered and Threatened Species List on July 9th 2007. However, Federal legislation, defined by the 1940 Bald and Golden Eagle Protection Act (16 USC 668-668c), provides similar protection as contained in the Endangered and Threatened Species Act, specifically to Bald and Golden Eagles. The United States Fish and Wildlife Service (USFWS) published National Bald Eagle Management Guidelines in May of 2007. This document provides activity specific guidelines for disturbances near and adjacent to nest sites. However, the document does recognize that states can have laws or provide recommendations that are "more protective (restrictive)" then the Federal guidelines. Western Environment reviewed data maintained by the Colorado Division of Parks and Wildlife (CPW, 2017) and did not identify and bald eagle nests within the vicinity. Additionally, the property is within the 600 feet of a bald eagle roost site. The CPW has developed recommendations regarding roost sites which state no "human encroachment" should occure from November 15t' through March 15t' within 0.25 mile radius if there is no direct line of sight between the roost and the encroachment activities, or within .50 mile radius if there is a direct line of sight. Additionally, if periodic visits are required within the buffer zone after development, activity should be restricted to the period from 1000 and 1400 hours between November 15th and March 15t''. It is the opinion of Western Environment that limited line of site does not occur. Western Environment recommends consultation with the CPW prior to the development of the site. Bald Eagle Ferruginous Hawk (Buteo regalis) State Concerned This hawk is known to occur throughout eastern Colorado and in northwestern Colorado. In Colorado, the species is a common winter resident, but is considered an uncommon summer resident on the eastern plains (Andrews and Righter, 1992). Areas that could be potential nesting sites include large trees, rock outcrops, manmade structures such as windmills and power poles, or the ground. This WESTERN ENVIRONMENT D EOOLOOGT, INC. General Ecological Resource Survey - Approx 25 Acres S27, T7S, R96W Garfield County, Colorado 81635 Page -10- hawk, as are all birds of prey, is federally protected under the Migratory Bird Species Act. At the time of this survey no Ferruginous Hawks were seen. This hawk, as are all birds of prey, is federally protected under the Migratory Bird Species Act which prohibits the "taking" of the animal or destruction of an active nest. Kit Fox (Vulpes macrotis) State Endangered Species In Colorado, Kit fox occupy the lower Gunnison and Colorado River drainages in Delta, Montrose, Garfield and Mesa Counties. Kit fox habitat is associated with semi -desert shrub and shrubsteppe. Studies from Fitzgerald (1996) and Beck (1999) speculated that fewer than 100 kit foxes inhabited Colorado, and that the species is close to extirpation from the State. Kit fox populations have been on Colorado's endangered species list since 1998. The Kit fox is not a Federally listed species; however, it is listed as State Endangered. The property occurs outside the historic range of the Kit fox (CPW, 2017). Ute Ladies' -Tresses Orchid (Spiranthes diluvialis) Federally Threatened This orchid usually occurs in "...old stream channels, alluvial terraces, wet meadows, and other sites where the soil is saturated to within 18" of the surface at least temporarily during the growing seasons" (USFWS, 1992). The eastern Colorado populations of species are located near Boulder Creek, South Boulder Creek, and Saint Vrain Creek in Boulder County, Colorado, and along Clear Creek in Jefferson County, Colorado (USFWS 50 CFR Part 17). Populations have also been documented in western Colorado within Browns Park and Lodore Canyon of Moffatt County. No perennial waters occur on the property, nor is Spiranthes designated Critical Habitat. It is the opinion of Western Environment that Spiranthes does not inhabit the project. Ute Ladies' -Tresses Orchid WESTERN ENVIRONMENT AND ECOLOGY, INC, General Ecological Resource Survey - Approx 25 Acres S27, T7S, R96W Garfield County, Colorado 81635 Page -11- De Beque Phacelia (Phacelia submutica) Federally Threatened The Phacelia submutica is a small tap rooted, summer annual. Habitat includes steep slopes and ridge tops of the adobe badlands of western Colorado. De Beque phacelia is found in clay soils derived from the Atwell Gulch and Shire members of the Wasatch Formation in Mesa and Garfield Counties, Colorado with a general range of approximately 82,231 acres (CNHP, 2005). The U.S. Fish and Wildlife Service listed Phacelia submutica as threatened on August 26t'', 2011. The site is not located within the documented De Beque phacelia occurrence or critical habitat areas, which occur west of the site (CNHP, 2005). Colorado hookless catcus (Sclerocactus glaucus) Federally Threatened The original listing for S. glaucus (44 FR 58858, October 1 1th, 1979) included all hookless Sclerocactus populations in western Colorado and northeastern Utah, and referred to them as S. glaucus per Benson (1966). More recent genetic and morphological research have led to separating the species into three distinct species: S. brevispinus, S. glaucus, and S. wetlandicus. The common name for S. glaucus was changed to Colorado hookless cactus as the species is endemic to western Colorado. The Unita Basin hookless cactus (S. wetlandicus) and Pariette cactus (S. brevispinus) are limited to Utah's Unita Basin. Colorado's populations of hookless cactus occur primarily on alluvial benches, generally on gravelly or rocky surfaces. S. glaucus is found in Delta, Montrose, Mesa and Garfield Counties. Populations have been documented on alluvial river terraces of the Gunnison River from Delta to southern Mesa County, and on alluvial river terraces of the Colorado River and in the Plateau and Roan Creek drainages in the vicinity of De Beque, Colorado (USFWS 1990). The project site occurs outside the known habitat range of S. glaucus (FWS, 2017). Colorado hookless cactus WESTERN ENVIRONMENT AND ECOLOGY, INC. General Ecological Resource Survey - Approx 25 Acres S27, T7S, R96W Garfield County, Colorado 81635 Page -12- Parachute Beardtongue (Penstemon debilis) Federally Threatened The Parachute beardtongue is found only in Garfield County, on steep, oil shale outcrop slopes of white shale talus at 8,000 to 9,000 feet elevation on the southern escarpment of the Roan Plateau above the Colorado River and the town of Parachute, Colorado. All of the currently known occurrences occupy about 91.8 acres of critical habitat. The subject property does not contain Parachute beardtongue habitat and is located outside of the documented critical habitat (FWS, 2012). Other Wildlife No other wildlife was observed on the property during the site visit. Image of the Pete and Bill Creek WESTERN ENVIRONMENT AND ECOLOGY, INC. General Ecological Resource Survey - Approx 25 Acres S27, T7S, R96W Garfield County, Colorado 81635 Page -13- 5.0 CONCLUSIONS AND RECOMMENDATIONS At the time of the survey, no threatened or endangered species or their obvious habitat were seen on the subject site. Additionally, the Pete and Bill Creek, along the southern border, has a nexus with the Colorado River. This creek is Jurisdictional "Waters of the U.S." subject to Corps regulation under section 404 of the Clean Water Act. WESTERN ENVIRONMENT AND ECOLOGY, INC. General Ecological Resource Survey - Approx 25 Acres S27, T7S, R96W Garfield County, Colorado 81635 page -14- 6.0 LITERATURE CITED Andrews, R. and R. Righter. 1992. Colorado birds: a reference to their distribution and habitat. Denver Museum of Natural History. Denver. 442 pp. Armstrong, D.M., M.E. Bakeman, A. Deans, C.A. Meaney, and T.R. Ryon. 1997. Conclusions and recommendations in: Report on habitat findings on the Preble's meadow jumping mouse. Edited by M. E. Bakeman. Report to USFWS and Colorado Division of Wildlife. Bechard, M.J., Knight, D.G., Smith, and R.E. Fitzner. 1990. Nest sites and habitats of sypatric hawks (Buteo spp.) Washington Journal of Field Ornithology 61:159-170. Colorado Division of Wildlife. 1999. Endangered, Threatened, and Special Concern Wildlife Colorado Division of Wildlife. November 2003. Conservation Plan for Grassland Species in Colorado. Colorado Grassland Species Working Group. November 2003. Denver, Co. Colorado Division of Wildlife. 2015. Natural Diversity Information Source Maps. Last Updated September, 2015. Colorado Native Plant Society. 1997. Rare plants of Colorado, 2°d edition. Falcon Press® Publishing Co., Inc. and Rocky Mountain Nature Association in cooperation with Colorado Native Plant Society. Helena, Montana and Estes Park, Colorado. 105 pp. Colorado Natural Heritage Program. January 2005. Pawnee Montane Skipper Post -fire Habitat Assessment Survey, September 2004. Fitzgerald, J.P., C.A. Meaney, and D.M. Armstrong. 1994. Mammals of Colorado. Denver Museum of Natural History and University Press of Colorado. Niwot, Colorado. 467 pp. Graul, W.D. 1975. Breeding biology of the mountain plover. Wilson Bulletin 87:6-31. Hoogland, John L. 1995. The Black -tailed Prairie Dog. The University of Chicago Press, Chicago and London. Jennings, W.F. 1989. Final report. Species studied: Eustoma grandiflorum, Spiranthes diluvialis, Malaxis brachypoda, Hypoxis hirsuta, Physaria bellii, Aletes humilis. Unpublished report prepared for the Nature Conservancy under the Colorado Natural History Small Grants Program. The Nature Conservancy, Boulder, Colorado. 48 pp. Jennings, W.F. 1990. Final report. Species studied: Spiranthes diluvialis, Sisyrinchium pallidum. Unpublished report prepared for The Nature Conservancy under the Colorado Natural History WESTERN ENVIRONMENT AND ECOLOGY, INC. General Ecological Resource Survey - 4401 Imboden Road, Adams County, Colorado 80137 Page -15- Small Grants Program. The Nature Conservancy, Boulder, Colorado. 29 pp. Jones, S.R. 1998. Burrowing owl. Pages 220-221 in H.E. Kingery, ed. Colorado breeding bird atlas. Colorado Bird Atlas Partnership. Denver. Kingery, H.E. 1998. Colorado breeding bird Atlas. Colorado Bird Atlas Partnership. Denver. Long, Kim. Prairie Dogs, A Wildlife Handbook, Johnson Books, Boulder, 2002. National List of Plant Species That Occur in Wetlands, Region 4, 5, and 8, Resource Management Group, Inc., Michigan, 1994. Nichols, F.E. and J.A. Daley. 1995. 1995 Prairie Dog Counts on the Cathy Fromme Prairie. Professional report submitted to the Fort Collins Natural Resources Department. 8p. Remote Sensing Research. 1996. 1996 Coyote Ridge Prairie Dog Study. Professional report submitted to the City of Fort Collins Natural Resources Department. Sibley, David Allen. 2000. The Sibley Guide to Birds. Alfred A. Knopf, Inc. New York. Tileston, J.V., and R.R. Lechleitner. 1966. Some Comparisons of the Black -tailed and White-tailed Prairie Dogs in North -central Colorado. American Midland Naturalist 75:292-316. U.S. Department of Agriculture, Natural Resources Conservation Service, Soil Survey of Adams County, Colorado. Historical Replica, October 1974. U.S. Department of Agriculture, NRCS. 2001. The PLANTS Database, Version 3.1 (http://plants.usda.gov). National Plant Data Center, Baton Rouge, LA 70874-4490 USA U.S. Department of Agriculture. No date. Midwestern wetland flora: Field office guide to plant species. USDA Soil Conservation Service, Midwest National Technical Center, Lincoln, Nebraska. Jamestown, ND: Northern Prairie Wildlife Research Center Home Page http://www.npwrc.usgs.gov/resource/othrdata/pintguid/pintguid.htm (Version 16JUL97). U.S. Fish and Wildlife Service, Region 6, Pawnee Montane Skipper Butterfly Recovery Plan. September, 1998 U.S. Fish and Wildlife Service Ecological Services Colorado Field Office, Federally Listed and Candidate Species and Their Status in Colorado, August 21, 2001. U.S. Fish and Wildlife Service. 1999. Interim Survey Guidelines for Preble's Meadow Jumping Mouse. WESTERN ENVIRONMENT AND ECOLOGY, INC. General Ecological Resource Survey - 4401 Imboden Road, Adams County, Colorado 80137 Page -16- U.S. Fish and Wildlife Service. 1992. Interim Survey Requirements for Spiranthes Diluvialis. U.S. Fish and Wildlife Service. 1999b. Services proposes to list mountain plover as threatened. News Release 99-02. U.S. Fish and Wildlife Service. Fish and Wildlife Service Proposes to Remove the Preble's Meadow Jumping Mouse from the Endangered Species List, News Release. Jan. 28, 2005. Whitson, Tom, et al. 2000. Weeds of the West. Western Society of Weed Science, Newark, CA. WESTERN ENVIRONMENT AND ECOLOGY, INC. U.S. Fish and Wildlife Service National Wetlands Inventory January 9, 2020 Wetlands Estuarine and Marine Deepwater 1-1 Estuarine and Marine Wetland Freshwater Emergent Wetland Freshwater Forested/Shrub Wetland Freshwater Pond 11 II Wetlands Lake Other Riverine e, National Standar s and Support Team, This map is for general reference only. The US Fish and Wildlife Service is not responsible for the accuracy or currentness of the base data shown on this map. All wetlands related data should be used in accordance with the layer metadata found on the Wetlands Mapper web site. National Wetlands Inventory (NWI) This page was produced by the NWI mapper 8rn 8 39° 24' 52" N 750240 750300 • Odd E:70 TgOI Cca daDodtrefiX 39° 24' 40" N i+ - - 750360 Soil Map —Rifle Area, Colorado, Parts of Garfield and Mesa Counties 750420 750240 8 N 750300 750360 750420 Map Scale: 1:2,650 if printed on A landscape (11" x 8.5") sheet. 750480 750480 35 70 140 Meters 0 210 Feet 0 100 200 400 600 Map projection: Web Mercator Comer coordinates: WGS84 Edge tics: UTM Zone 12N WGS84 750540 750600 750660 750540 750600 753660 750720 750780 750780 6 8 a 39° 24' 52" N USDA Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 1 /9/2020 Page 1 of 3 Soil Map —Rifle Area, Colorado, Parts of Garfield and Mesa Counties Area of Interest (AOI) Soils 0 C MAP LEGEND MAP INFORMATION Area of Interest (AOI) Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout Borrow Pit Clay Spot • Closed Depression • Gravel Pit 4 Gravelly Spot ▪ Landfill Lava Flow Marsh or swamp an4 Mine or Quarry CD Miscellaneous Water • Perennial Water ▪ Rock Outcrop ▪ Saline Spot 4 • #• Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip • Sodic Spot g Spoil Area 0 Stony Spot Very Stony Spot Wet Spot ▪ Other Special Line Features Water Features Streams and Canals Please rely on the bar scale on each map sheet for map measurements. The soil surveys that comprise your AOI were mapped at 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Transportation Rails 0.10 Interstate Highways O .10 US Routes Major Roads Local Roads Background . Aerial Photography Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Rifle Area, Colorado, Parts of Garfield and Mesa Counties Survey Area Data: Version 12, Sep 13, 2019 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Dec 31, 2009—Oct 12, 2017 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. USDA Natural Resources rilra Conservation Service Web Soil Survey National Cooperative Soil Survey 1/9/2020 Page 2 of 3 Soil Map —Rifle Area, Colorado, Parts of Garfield and Mesa Counties Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 4 Arvada loam, 6 to 20 percent slopes 15.6 15.6 100.0% 100.0% Totals for Area of Interest USDA Natural Resources Web Soil Survey 1/9/2020 Conservation Service National Cooperative Soil Survey Page 3 of 3 ORIGINAL WELL COMPLETION AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER MAW ettFOR OFFICE USE ONLY A 0 3 NTERM ', ' . `,. r.Mailing ::P ,apt3Rpvlu GWS31-91-03 --- 1 WELL PERMIT NUMBER 44152—F OWNER'S NAME(S) Gene Verkerk Address 80 V . Carson City. St. Zip Parachute. Co . 81635 Phone ( ) . — _ WELL LOCATION AS DRILLED : SW 114 NE 1/4 Sec. 27 Twp. 7S . Range 96V DISTANCE FROM SEC. LINES : 3600 Ft. From South Sec. Line_ Arid 1632 Ft. From East Sce_ Line. Or SUBDIVISION: LOT BLOCK FILING (UNIT) STREET ADDRESS AT WELL LOCATION : GROUND SURFACE ELEVATION ft. DRILLING METHOD : lair Notary DATE OOMPLE) ED 06/19/95 . TOTAL DEPTH 100 ft. COMPLETED DEPTH 90 ft. 5.' GEOLOGIC LOG : Depth type of Material (Size. Dolor, Type a,a Water Located] 6. HOLE DL&M.1� FROM (ft) 9 . 0 0.0 35 000-065 Clays, Cobbles 6.5 35 90 065-075 Gravels 075-100 Clays �. 7- PLAIN CASING OD(in) Kind Wall Size From (ft) To (ft) 7.0 Steel 0.240 0.0 .--_35 5.5 steel 0.189 30 65 PERFSASING : Screen Slot 5' = 5.5 Steel 0.188 65 90 WATER LOCATED : 65-75 REMARKS : 8. Filter Pack Material Size Interval 9. Packer Placement Type Depth 10. GROUTING RECORD: Mareriai Amount Ninety Interval Placement_ cement 3 sks 6 qal/s4.0-30 ,pourd 1.1. :.--am, ETH Amt Used---- -_DISINFECTION 12. WELL TEST DATA : ( I Check Box If Test Data Is Submitted On Supplemental Form. TESTING METHOD; Air coapressor Static Level : 60 ft. Date1Time Measured 06/19/95 Production Rate 10 gpm Pumping Level : Total ft. Date/Time Measured 06/19/955 Test Length (hrs) 2 Remarks : 1 rove road the statements made herein and know the contends thereot and that they wv fie to my kfl0wtodge. (Pursuant to Section 24k144 (1 S)44 ORS, lhv rrOking at Moo eleternento hwvin constitutes perjury in the B000nd sages anti Is punishable as a dew 1 rriedemieanor-) CONTRACTOR : She 1ton Drilling Co. Phone: 303-927-4182 Lic.No. 1095 Mailing Address : PC Box 105.9 Basalt , Co- 8 621 Name f Title (Please Type or Print) Wayne Shelton r President Si Data 060,2 ele Paean No. OFFICE OF THE STATE ENGINEER tws-z§ COLORADO DIVISION OF WATER RESOURCES 616 Centennial Bldg., 1313 Sherman St., Denver, Colorado 30203 (303) 866-3581 APPLICANT uc WELL PERMIT NUMBER 044152- DIV. 5 CNTY. 23 WD 39 DES. BASIN MD Lot. Block: Filing: 8ubdly_ GENE VERKERK / ALICE FAY W CARTON PARACHUTE CO 811 APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NE 1/4 Section 27 Twp 7 RANGE 96 W 6th P.M. DISTANCES FROM SECTION LINES ( 303)2054914 3600 FL from South Section Lane PERMIT TO CONSTRUCT A WELL CAM B32 Pt. from East Section Line me' Co �ol�ie��.rl:� �3 c�jr1��I ) ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDf11ONS OF APPROVAL This well shall be used In such a way as to cause no material injury to existing water rights, The issuance of the permit does not assure the applicant 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 and Pump Installation 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 17. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate pointof diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated on when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #940809GV(a), 4) 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 12,000 square feet (0.28 of an acre) of home gardens and lawns and the watering of domestic animals. 5) The maximum pumping rate shall not exceed 15 GPM, 6) The average annual of amount of ground water to be appropriated shall not exceed one (1) acre-foot (325,850 gallons). 7) 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 (east annually) and submitted to the Division Engineer upon request. 8) The well shall be constructed not more than 200 feet from the location specified on this permit. 9) The owner shall mark the well in a conspicuous place with wall 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. l+ ^ 9 APPROVED JD2 741d AZ state Enginw Receipt No. 0374303 DATE ISSUED° CT 07 1994 By EXPIRATION DATE cr; GT 0 71995 WRJ-5 Fiev.• 76 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherrnan St., Denver, Colorado 80203 STREE 'Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. PERMIT APPLICATION FORM RECET/fr ET1f ( f A PERMIT TO USE GROUND WATER it (. 'J A PERMIT TO CONSTRUCT A WEL 2 6 ''4 FOR: (-1 A PERMIT TO INSTALL A PUMP ( ) REPLACEMENT FOR NO, ( ) OTHER . WATER COURT CASE NO (1) APPLICANT - mailing address NAME '1Ue-tiekeekKMice6 C ' ' SOIL) w CITY Re -A I e - 016 • eel 35' (Stale) (Zip) TELEPHONE NO. 303 — ? � 7779 79 (2) LOCATION OF, PRQPQ$ED WELL County 611 /dl L) / of the 1 .'!, Section c.2 7 Twp.7 S.., Rnq. (N,SI (F,W) L-vt P,M. (3) WATER USE AND WELL DATA F ropos _max um pumping rate (gpm) r� r Ave ge annual amount of ground water to be appropriated (acre•feet): �"` Number of acres to be irrigated; %.2, coo Proposed total depth Ifeet): d-t'.? Aquifer ground water is to be obtained from Owner's well designation F GR D WATER TO BE USED FOR: Ci 'OLD U3C Ordtw'F- no irrigation (0) _ ESTIC (1) ( I INDUSTRIAL (5) ( ) LIVESTOCK (2) ( ) IRRIGATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) ) OTHER (9) DETAIL THE USE ON BACK IN (11) (4) DRILLER Name ('� vl .,� . !idict, Street City (State) (Zip) FOR OFFICE USE ONLY; DO NOT WRITE IN THIS COLUMN Receipt No. .37 V3 a l Basin gist. CONDITION OF aPPRQVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant 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. ) (2.4/� ) 6 1,p ' . A A APPLICATION APPROVED PERMIT NUMBERCHECKS TR#31430,2 8 . 6 DATE ISSUED B1Vif.WATER RESOURCES EXPIRATION DATE (STATE ENGINEER) Telephone No. _ Lic. No BY ID COUNTY 2_ 3 3 (5) THE LOCATION OF THE PROPOSED WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location, - - + - + - -T- -4- - -{ - - + - 4 -- 1 MILE, 5280 FEET 4' + + f -- + H- + + { l I hlt3RTH SECTION LINE— I I I 1 I I 1 1 x + t �- m + + Lu 4 fMORTH I m T T 6 I 1 - + SOUTH SECTION LINE + + 4 ,+ + + + The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. WATER EQUIVALENTS TABLE {Rounded Figures) An acre•foot Govern 1 acre of land 1 foot deep 1 Cubic foot par second ids) ... 449 gallons per minute Igpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot - .. 43,560 cubic feet , , , 325,900 gallons. 1,000 gpm pumped continuously for ana day produces 4,42 acre-feet. (6) THE WELL MUST BE LOCATED BE by distances from section lines.' ' e.,e, ft. from _ „in Sec. Tine , (north or south) _%67.3ft from 4 / sec line (east or west} LOT BLOCK FILING s—s,el 1t 2 met# SUADI tike revS.ON - (7) T : A T LOCATED No. of acres r.o 1 Will this be the only well on this tract? (8) PROPOSED CASING PROGRAM Plain Casing in. from lift, to d Perforated casing in from _ / ft. to '6 ft ft sf • in from re) ft to /0-0 ft in from ft to ft. (9) FOR REPLACEMENT WELLSgivedistance and direction from old well and plans for plugging it: (10). LAND ON WHICH�,//GROUND WATER WILL BE USED: ❑wner(s): I1J V�e--Ptpt '%ice t No. of acres: c:91 . / Legal description. ' l4 g9t r LI t ) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal systerp #o be used. / *� "t to +p t tCj] c11 /i7 ,a7; C' ! +`r A- `A? k 4 fold - r . , , T f 70,24, (12) OTHER WATER RIGHTS used on this land, including wells, Give Registration and Water Court Case Numbers. Type or right } Used for {purpose) Description of I nd on which used 14 Co 71•f"o e le- 4Pf 9 T44 41 1/( ) (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS T 1 E TO THE EST OF HIS KNOWLEDGE. / . �j �'�j ! 4 SIGNRE OF APPLlCA�NT(5) Use additional sheets of paper if more space is required. ,c:1•r;;;ir1/ / ) '�- -4 1 IPnlr• I iu Iliit.lr}n; ! .{ C r "Kip v(L - , j S Il:r (e f nt-w.t riled t tr Ilertvikr. 1/44DIVISI 0N.. Kb' SST FOR WELL PERMITS Name of applicant: 1,,(7-4Xf/Wfr 6-fA" /C:441117 C r7'' Application typed or neatly printed in black ink -=Correct boxes checked for appropriate action Previous permit number correct for replacement.: well, etc. 1.] Court case number listed for decreed wells 11] . Field inspection completed and attached (fee or late reg. ) (1) Applicant Mailing Address Mailing address correct and legible (printed or typed) Telephone number correct and current (local number if possible) (2) Location of proposed well L-Locattion correct according to information supplied by applicant Location consistent with items (5), (6) on application note: distances and 1/4, 1/4 must be measured from SE corner of section for irregular_ sections (3) Water use. , acid ''we11 data (4) "Proposed pump. rate" completed (15 gpm for exempt dom. and NH) "Amount of appropriation" completed "Acres irrigated" completed & matches type of we]..i. applied for "Proposed total depth" completed •`� ` " Aqui':fer 1ritormatiion cOmple.ted•(" unkfown" if not: sure) • Owner''S' tell.` designation' completed (optional. ) 'hJ eundwa'te '.. 8 a • used' for:. '• `'-i?lllel3C" ox household use well 0 non-overappropriated area 11 ovrerappropriated • dices CI 35 acres or more (must- include description) Cl _subdivided before June 1, 1972 or exempted by county (attach copy of exemption) subdivision date & lot if note: must include descriptions of parcels not in a subdivision (plat or metes and bounds) Other (commercial, municipal, etc.) CC5 /- Driller El Designated driller- a copy of permit sent to driller indicated "Colorado Licensed"- all copies of permit sent to applicant 5) Location 1 proposed well (map) Completed and consistent with items (2), (6) on application T. (fi) Location of proposed well (distances from section lines) Completed and consistent with items (2), (5) on application, ar supplied information CI Subdivision information completed (when applicable) (7) "Tract on_.whlch well will be located D„--'- Completed note: if 11. 11. use or domestic on 35 acres in over - appropriated area can only have one well per t-rac (check to verify no other wells in the 1/4, 1/4) (8) Propos 'casing program Completed Minimum casing sire of 4" 1. D. with 20' solid steel surface casing (1' above ground, 19' below) Cl variance request (letter and diagram) attached if applicable (9) For replacement wells Completed if applicable - distance and "according to rules" (10) Ladd which groundwater will be used Completed if applicable (for irrigation only wells) note: can be used to describe only well on 351 acres (11) Detailed description . . Completed correctly and in detail note: be specific about uses,, especially number of houses to be served, sto.ckwater, irrigation - must be consistent with type of; well requested... Remember to indicate, type ofdisposal for domestic and 11. N. (12) Other water rights (include well permit number if answer in 117 was no) Completed if applicable (13) Signature line i Signed/dated by APPLICANT OR REPRESENTATIVE (w%written authort.ty-print name and title of representative) (19) Comments E c ; r Application fee attached: Check if 37/ Amount $ Application taken by: c r mac. _ C --- - l( Application checked by: � 1Blr_'A1 .' i e Tide MIBEY "A" 1h referred to in .nd made a part of th.t cattalo Deed of Trust (Deed of Trust) dated November 23, 1993, by and, between the lotiowing pante* GRANTOR: EUGENE VERKERK 80 West Carson C de : parachute, Colorrsdo ai6s5 Sodas Sscurtly # 558-36-4572 • AL{CE FAY a0 West Carson Ciro. Parachute, CO 81635 Social Sacudly 0 071-28-2 30 TRUSTEE The PUBLIC TRUSTEE for I GAWflELD cOUHTY, coLORADO BANK: 1 ALPINE BANK AND TRUST a OOLORADO banking corporation 2200 Grand Avenue P 0. Boar 10000 Gienwoad Spi1ngs, Caomdo 61502 Tax LD. # 84-0788527 Branatr No. 01 The pagertir hereinafter d.saribed are theee properdfs r.fsirad to in this Deed of Trust he beln9 described N Emit "A": A parcel of land situated in the SW1/4NE1f 4 Hof Section 27, Township 7 South, Range 96 West of the Sixth Principal Meridian, Garfield County, Colorado, lying Northerly of U.S. Highway 6 and 24, more fully described as follows: Beginning at a point whence the Southwest Corner of said Section 27 bears South 49°15'21" Weak 5200.62 feet; thence North 49•35'16" West 500.00 feet; thersceAmth 41013'00n jispt 175.00 feet, thence South 49°35'16" East 509.00 fact to a point, 50 feet, more or less, Northerly of said Highway; thence North 41 ° 1.3' OO" East 275.00 feet to the POINT OF BEGINNING. RECEIVEb Together with a perpetual, non-exclusive easement and right-of-way over and across that part of the sW1/4NE1/4 and of Lot 1 of said Section 27 narthwestorXy of the northwesterly right of way line of U.S. Highway 6 and 24 and southeasterly of a line commencing at a point from whence the Southwest corner of said Section 27 bears South 49°50'O1" West 4854.30 feet and running North 41°13'OO" East 525 feet. Oct: 28. ' 93 12:58 EXlitnLT A PAA]tLEL_NO. 2: A parcel of land Range 96 West. of Northerly'of V.S. as follows; R ISLET PROP. 4. w 4�(J�r1l t(itiiJ�l.�' ru 1.1. tog' 1youurt 7;ra i,.0 t •.ia 111 1+.7 TEL, 303-285-7639 • t , - 4rf1',) Aup a 6 ..4A • nitunted in the SWt HIA of Section 27; Township 7 Booths ? the Sixth Pritncipal. Met is1i11n, Garfield t'nanty, Colorado,. lying tli,ghway, f, and 74,' Rmi4 Parcel fn. 7 i,1 emote fn11y describes Beginning at A point. whrnre the Stinthoest Cotner of paid evt-ion 27 bears 6.49' 15' 21"W. 5200.62 feel; thence N.49' 35' 16"W. '�500.00i feet fret; t o ah ,t�cet 5 41' 13'00"N. 175.00 feet; thence S.49 15 16t E, point, 50 feet, more or less, tlorth+rrly 11f rsn1d Highway; theme 0.41'1)40U"t. 175.00 tc� 1he point of 1reginuti11it, 1.nn1 niniri1; 7.01 A(lrtt, mote or 1 GAF. S1ttt,trt,:T to twit 10 foot. wilily 1`11fit'mr11tr t11t11lit'i' in a !.1r;1t11wentrt'iy etiiet'tion smogs amid ',slice' n[ 1 A111{ being At points 0.49' ,15' 16"W. 95 feet, and 345 feet' from the point of beginning of Raid l+nrrel. A1.±.() together with a 5(1 foot, more.'r' or lass, frontage road lining between Pn1',•r3r. 1, 7. and :i and the Northerly right-of-way line of U.R. 11ig11w++3► !r and 74. 'leering source es tall i ehed Mange 96 West of the Sixth NW Corner and Wk Corner of February 9, 1981. Job No. 260821 Revision Date: February 27. 19111 , ./•1 from 1+tint torvey in Section 34 of Township principal Hip, idintw. Ui q S.t1]`45'43"W. between faaitl !;r•et i(,n 34. 7 ti th A the .: per �r;.#�' fit 14171 fir ' 3142*14:1.14;;;;:''''''';',1,.'',:. .. STATE 4F COLORADO Cou,tty of Garin :d At s ro gu l a r meeting of the Board of County eami-r oners for Garfield County, CoLorad°, held at the Court House in QLenwood Sprinyi on �' ,C:211 r3. CIS{ the.-.- ,31'.d day of February A. q, L9 01 , therewers present; Fiatfen J. Cerise, '1e61.111] , .P-k1YC0mmicuonerChairmAn Eugene "Jim' Drink:},Quse , Commispo°er • C°minisuoslct Arthur A. Abn l snalp Jr r County Attorney Cheryl J. Koss, Deputy !•,... , Clerk Of the Roatd yrlten the following proeeedinge, among what's wars had arid done, to-Wlt: RESOLUTION NO. 81- 4 8 A RESOLUTION CONCER=DWITH GRF1*]TAG AN EYREP2ION FROM 'IHis GAPF]ELD COUNTY SUBDIvI ICN REGUL TTICNS FOR CHARL,E5 P. CPS' 4.. WHEPEAS, Charles P. cARteel has petitioned the Board of. county Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "surbdivi- sit n" and "subdivided land" under C.R.S. 1973, 30-28-101 (10) (a)-(d) , as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of a 6 acre tract described as follows: In document #214911 filed in the Office of Clerk and Recorder of Garfield comty, Colorado, into 3 tracts of approximately 2 acres each, more or less, which proposed tracts are more particularly described as follows: Parcel A parcel Of land situated is the Sty/4 NE/4 of Section 27, Township 7 South, ,A: Range 96 West of the Sixth Principal Meridian, Garfield County, Colorado lying Northerly of U.S. Highway 6 and 24, said Parcel NO. 1 is more fully described as follows; Beginning at a point, whence the Southwest Corner of said Section 27 bears S.44°50'01''1. 4854.30 feet; thence N,49°35'16"W. 500.00 feet; thence N.41°13'00"E, 175.00 fee`; thence S.49°35'16"E. 500.00 feet to a point, 50 feet, more or less, Northerly of said Highway; thence S.41°13'00"0. 175.00 feet to the Paint of beginning, containing 2.01 Acres, more or less. Parcel A parcel of land situated in the SW/4 NE/4 of Section 27, Township 7 South, B: Mange 96 West of the sixth Principal Meridian, Garfield County, Colorado, lying Northerly of U.S. Highway 6 and 24, said Parcel, No. 2 is more fully described as follows: Beginning at a paint, whence the Southwest Corner of said Section 27 bears S.49°15'21"W. 5200.62 feet; thence N.49°35'16"11. 500.00 feet; thence 1 ,J1°13'00 . 175.00 feet; thence 5.49°35'16"E. 500.00 feet to a point, 50 feet, more --or less, Northerly of said Highway; thence 5.41°13'00"W. 175.00 feet to the point of beginning, containing 2,01 Acres, more or less. parcel A Faxoel of land situated in Lot 1 and the Si1/4 1 E✓4 of Section 27, 'itirmship 7 C: South, Range 96 j]est of the Sixth Principal Meridian, Garfield County Colorado lying Northerly of U.S. Highway 6 and 24, said Parcel No. 3 is more fully described as follows: Beginning at a point, whence the Southwest corner of said Section 27 bears, S. 49 °15' 21" tT. 5200.62 feet; thence N, 49°35' 16"T9. 500.00 feet; thence N.41°13'00"E. 175.00 feet to a pint 50 feet, more or less, Westerly of a fence Line as now constructed and in place; thence 5.49935"16"E. along a S0 foot access rood, 500.00 feet to a point 50 feet, more or less, taterly of said fence and 50 feet, more or less, Northerly of the Northerly right-of-wav line of sand iiic-lway; thence S.41°13'00N. 175.00 feet to the point of beginning, containing 2.01 Acres, more or less. (in the State of COlorado and County of C ±field); and VHEPEAS, the Petitioner has demonstrated to the satisfaction of the Board of County CQmris6i1 net :f Car -field Countyi Colorado, that the proposed division does notfall within the purposes of Part 1, Article 28, Fide 30, Colorado 7 :i^t' Statutes 1973, as amended, for the reason that the i'P ct created does not warrant a full sUbdivisiOn review: and w Yu�.-�✓.i '1' MO dd IL 26'94 t�4Onazaftdir s�tYY,r gad litiBEREAs, the Petitioner has dr}lvistrated to the satisfaction of 1#W8oard of County Ccrmussioners of Garfield County, Colorado, that there is a reasonable probability of locating den stic water on each of said tract that there.is adequate ingress and egXess to said tracts, that the ]ecation of septic tanks will, be permitted by the Oolor;ado L pertinent of Health, that the requested division is not part of an existing or larger, development and doe not fall within the 5enura1 purpOaes and intent of the subdivison regulations of the State of Colorado and the County of Garfield, and should therefore, be exempted from the. definition of the terms 'subdivision" and "subdivided land" as set forth in C.R.S. 1973, 30-29-101 (10) (a)^(d), as amended; NOW, FORE, BE I'T RESOLVED that the division of the above described tracts "A", 'i8", and "C" from the above described 6 acre tract is hereby exempted from sucks definitions and said tract may be divided into tracts 'A , "g", and "C", all as is more fully described above, and said divided tract may be conveyed in the foam of sueh smaller tracts without further c.Lt,ualianee with the aforesaid subdivisions statutes and regulations; pravidcd, however, that this exemption is granted on the condition and with the express understanding and ziareanent of the Petitioner that no further exemptions be allowed on said tracts "A", "B", and "C", and that a copy of the instrun nt or instalments of conveyance when recorded shall be filed with this Resolution. ATTEST; Deprrerk of`th Board of County CommisSieners Garfield County, Colorado THE BOITD OF COUNITY C a41SSIMERS OF GARFIELD COLNCY COLORADO Temporary Chdirman Upon motion duly mid* and uoanded the foregoing Resolution wad adopt*d by the foUowing vote. Flaven g..xs Ay* Eugene "Jinn" prifk;l{.u$e Aye Aye CO Mee- 4.Onf!r STATE OF COLORADO County of Garfield f; County Clerk and exorfiRo Clerk of the Board of CoUory Comeau -toners In eat; !Or the Car u4} and C:&LI a;ae.ald L'o hereL/ eats y li'.at the u:rexcd and foregoing Order is truly copied from UN Records al the proceedings of the Board of County Commissioners for said Garfield County, now in my offir■, IN WITNESS WH£LtEOF, I have hereunto yet my hand and affixed the mat al said County, at Glenwoa6 Springs, this day of A. D. 19 C:unly Clerk ar,d of t.`,r Ja7d Gf CauntY CSr.L:., •:,��•.Y.. • MA PLACE HOLDER tel/i 3 7 WEST DIVIDE WATER CONSERVANCY DISTRICT P. O. BOB 1478 RIFLE, COLORADO 81658-1478 625-1887 Officers President 876-2821 Kelly Couey 4745 G.R. 315 Silt, CO 81652 Vice President Samuel B. Potter 0598 C. R. 323 Rifle, CO 81650 Treasurer Laverne Starbuck 1859 G.R. 344 Silt, CO 81652 Secretary/Water Manages 625-1887 Russell George, Attorney Stuver & George, P.C. P. 0. Box 907 Rifle, CO 81650 August 12, 1994 • Gene Verkerk 80 West Carson Parachute, CO 81635 Dear Mr. Verkerk: wAltai STATE u Dowd of Directors Kelly Couey 4745 C. R. 315 Silt, CO 81652 Joe Kautz, Jr. 6107 Highway 133 Carbondale, CO 81623 Laverne Starbuck 1859 C.R. 344 Silt, CO 81652 Gregory Durrett 926 Blake Avenue Glenwood Springs, CO 81601 Samuel B. Potter 0598 C.R. 323 Rifle, CO 81650 RECEIVED West Divide has approved your allotment contract No. 940809GV(a). Please read the contract carefully if you have not already done so, but please especially note paragraph 2 concerning availability of water. West Divide obtains its storage water from Ruedi Reservoir and Green Mountain Reservoir, Current federal policy has made it increasingly difficult to predict availability of water to West Divide. We cannot make guarantees that we can make any water available to you under this contract. If this is of concern to you, you may rescind this contract if you give us written notice within the next 15 days. Otherwise we will maintain the contract in force according to its terms and subject to this disclaimer. Copies of your contract have been or are being submitted to the following entities: The State Division of Water Resources Division No. 5 Water Resources Gene Verkerk August 12, 1994 Page 2 The Colorado River Water Conservation District The Garfield County Department of Planning District No. 45 Water Resources West Divide's Attorney and Engineer Russell George Attorney and Water Manager Enclosure RECEIVED AUG 26'94 T�� o cc The State Division of Water Resources w/enclosure Division No. 5 Water Resources w/enclosure The Colorado River Water Conservation District w/enclosure The Garfield County Department of Planning w/enclosure District No. 45 Water Resources Ng/enclosure Edward J. Currier, Engineer Ng/enclosure Russell George, Attorney w/enclosure 69 affllb cr rout • 0 i D * V HAP I.D. Oa APPLICATION AND DATA FORS TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT For 01L ca use ady A. APPLICANT. Name ,t_Je L Address e? U = 'r {xy• p t:o l+c_ , Telephone Number =fir, 3 %S', e Authorized Agent or Representat ve B. WATER RIGHT OWNED BY APPLICANT Name of Right e.r er 1 We-\\ Typo or structure or Right 6ti.- e, Location of ?oifltf Diversion Zuf -i Water Court Case No. Well permit No, an�,. C. INTENDED USE DF LEASED WATER Location of Area of Use .3 .77L rti,7_1,2 De rdption of Use 6. Number of Dwelling Units ! Total Acreage • Proposed Potable Water System e --- ._—.-- EE Halt: 26 '94 Proposed Waste -Water Treatment System ,, r,�_ - «-c---,��• 'Projected Monthly Volume of Leased Water Needed in Gallons; 'Tan.,____ Feb,, Mar, . Apr._ May Funs auly Aug,Sept. Oct. Nov. Doc. Annual Total Gallons . Acre Feet Maximum Instantaneous ❑emand, gpm OTHER REMARKS, r rump a_A gam ► Contract f 4 b M � Map ID 1 Date Activate* - • IC) - WEST DIVIDE WATER CONSERVANCY DISTRICT Water Allotment Contract Name of Applicant: G eN-N. Quantity of water in acre feet Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, 37-45-101, et seq., (hereinafter referred to as the "District") for an allotment contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this application, and subsequent delivery and use of water, Applicant hereby agrees to the following terms and conditions: 1. Water Rights: Applicant shall own water rights at the point of d�iveslon herein lawfully entitling Applicant to divert water, which will be supplemented by water leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the state Engineer. 2. Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre-feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this contract. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow rights to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided, it may so notify the District in writing, and the amount of water allotted under this contract shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneficial use: Any and all water allotted Applicant by the DiserTct aha be used for the following beneficial use or uses: Municipal, domestic and related uses, or irrigation and commercial (except to the extent that Ruedi water may not be available for irrigation and commercial as those terms are defined on page 5 of Contract No. 2-07-70-W0547 between the United States and the west Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's contCot. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the Applicant at the outlet works of Said storage facilities or at the decreed point of -1- diversion for said other sources, and release or delivery of water at such outlets or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir shall be subject to the District's lease contract with the United states Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado State Engineer to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. The District, or anyone using the District's decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, (though not at the original point of diversion) only as against water rights which are junior to the date of application for the alternate point of diversion. 5. Alternate Point or Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the exclusive right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal and engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemnify the District from any costa or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this agreement. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent, In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under paragraph 19 below, In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6, Contract Payment: Non-refundable, one time administrative charge, in the amount determined by the Board of Directors of the District from time to time, shall be submitted with this application for consideration by the District. -2- Annual payment for the water service described herein shall be determined by the Board of Directors of the District at a per acre-foot rate. The initial annual payment shall be made, in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual payment is not made by the due date, written notice thereof will be sent by the District to the Applicant at such address as may be designated by the Applicant in writing. (IE no address has been ao designated in writing, then said notice shall be Bent to Applicant's address set forth herein. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. IC payment is not made within ten (10) days after the date of said written notice, Applicant shall at District's sole ❑ption have no further right, title or interest under this contract without further notice and delivery may be immediately curtailed; and the allotment of water, as herein made, may be transferred, leased,,or otherwise disposed of at the discretion of the Board of Directors of the District. 7. Security; As security to the District, the foregoing covenant of annual payments in advance of water delivery, will be fully met by annual budget and appropriation of funds from such sources of revenues as may be legally available to the Applicant. As additional security to the District, the Applicant will hold harmless the District and any person, corporation, quasi -governmental entity, or other governmental entity, for discontinuance in service due to the failure of the Applicant to maintain the payments herein contemplated on a current basis. Applicant agrees to defray any out-of-pocket expenses incurredby the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment: This agreement shall inure to the benefit of the heirs, successors or assigns of the parties hereto, except that no assignment shall be permitted in the event the water right allotted hereunder is to be used for the benefit of land which will be subdivided or otherwise held or owned in separate ownership interests by two (2) or more users of the water right allotted hereunder. In no event shall the owner of a portion, but lees than all, of the Applicant's property to bo served under this contract, have any rights hereunder. Any assignment of the Applicant's rights under this contract shall be subject to, and must comply with, ouch requirements as the District may hereafter adopt regarding assignment of contract rights and the assumption of contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment contracts. 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. 10. Operation and Maintenance Agreement: Applicant shall enter into an "OperaEron and Maintenance -Agreement" with the District under terns and conditions determined by the Board of Directors of the ❑istrict, if and when, the Board of said District -3- determines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. 11. Chancre of Use: The District reserves the exclusive right to review, reapprove or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this contract. 12, Use and Place of Use; Applicant agrees to use the water in the manner an on t e property described in the documents submitted to the District at the time this agreement is executed (said documents are incorporated herein by this reference thereto), or in any operation and maintenance agreement provided by Applicant. Any use other than as net forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. 13. Titles It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 015. Restrictions: Applicant shall restrict uses as follows (unless specific waivers are appended to this agreement). Violation of these restrictions shall be deemed to be a material breach of this agreement. Use Annual Maximum Diversion Household 1/3 acre foot Domestic (includes lawn) 1 - 3 acre feet Livestock (cattle) 1 acre foot/100 head Irrigation 2 - 3 acre feet/acre 16. Well Permit: If Applicant intends to divert through a well, then ApprrEWnt must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. 17. Representations: By executing this agreement, Applicant agrees that hes not relying on any legal or engineering advice that he may believe he has received from the District. Applicant further acknowledges that he has obtained all necessary legal and engineering advice from his own sources other than the District. Applicant further acknowledges that the District makes no guarantees, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this agreement. Should the District be unable to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 18. Costs of Water Court Filing: Should the District, in its own discretion, choose to include Applicant's contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceeding. A A S 2 6 .94 Mitt( h -4- 19. Binding Agreement: This Agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application for Purchase of Waters from the west Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. 20. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO ❑IVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE, APPLICAN By i' APPLICA`NNT ADDRESS: V �J (21Vii2 STATE OF COLORADO ) ) as. COUNTY QF GARFIELD ) The foreclaing instrumen was acknowledged before me on this day of r�� , 19j , by Gerlg_ _A] fr er-k.. * Witness my hand and official seal. My commission expires: inOaCtO q =ub is ORDER After a hearing by the Board of Directors of the west Divide Water Conservancy District on the above application, it is hereby ORDERED that said application be granted and this contract shall be and is accepted by the District. WEST DIVIDE WATER CONSERVANCY DISTRICT By President g//0/q,4 Da a This contract includes and is subject to the terms and conditions of the following documents which must accompany this contract: 1. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed 3. Other RECEIVED AUG 26'94 WATER RE4gjottCE3 STATE ENGINEER rx1i,Ir -5- T7S r8S rgs T6S RECPIED AUG 2 6 '94 R97W ICAPFIELD CO.___ -L.: --,,,--,-. (.,-7.—'--- 1 MESA CO. 1. v,-,.... ; f 1 LT . I. ' • ) \ \ i •". jr - -` '..4 — 1\- - -6 6'.. n - .... { '1.4 : \1 f NI 1 .] 2* . IN DEBEOLJE.... 1 . I I li _ i I 1 I i al i 1 R97W c) R96W PARACHUTE AREA. A IP fee RI Beginning At_ A point, whence thn Soollolest Collier of snit her 27 benrc S.49.15'2111W. 5200.62 feel; thPoeu N.49415.16W. 500.00 feet; theory 5241.13'00V. 175.00 fent; thenc0 git9.35"16"E, MOM) fort to a point, 50 feet, more or less, Nuilh”viy of nnid Highwnytmor0.4)*WoultE. 175.00 to the poiot ot hegioniog, routnitling 7.01 Arles, mole or logn. to two 10 fienring VCO not'hbli0hert Range 96 Went uf tha Sixth NW Corner ned W1/4 Canter of ?aid Scrtion 34. February 9, 1981 Job No, 280821 Revision Date: February 27, 1981 ) ( I -0 IM..2k '93 12:5e MXiliAtT A PARCEL NO. 2: RISLEY PROP. .4 1. .• . (.)(iiiii ior mt 14 Ito11i4t1.,;7/ 1.111.1.1 TEL 303-2135-7639 RECEIVED AV 2 6 '94 WAM STATE A parcel of land mituftted io the SWIt HEk of Seetiou 2/; Town.hip 7 South, , Raoge 96 Wet of tha Sixth Ptincipal Hetidino, CarfIrOd c000ty, colorado, lying 7 .urore ep NortherlyU 'of .S. Hnod Highway 6 d 74,"Fairnrcrl 10 folly deribeA10.t Ai fallOWO: • " ' L)r feet. , 4 foOL 111. i 1 111 rI1II.111 r i111111ilwit ill a !toothwenterly direction scroAN ceid pnrcel of Imoi beinR nt 'mhos 11.49'15'14W, 95 feet nod 345 feet , from Lhn point of begioniog of rinid pnitel. A1.0 loilether with a 50 Not, more or lerix, fruntngo roAd lioiog between reireIs I, 7, nod nod lbe Norlherly right-of-way line of U.F. highwey 4 mod 24. from ptior sotery in Sertion 34 of Townahip 7 South, Principal Hr:ridinn. tine R..01645'43"14. betwnen the syry:_r • et. _10 • 1/9/2020 qPublic.net - Garfield County, CO - Property Record Card: R260298 qPublic.net`" Garfield County, CO Summary Account R260298 Parcel 240923300098 Property , PARACHUTE, CO 81635 Address Legal Section: 23 Township: 7 Range: 96 THAT PT OF SENW & W1/2SW Description CONT. 79A LYING SELY OF I-70 SEC. 22 THAT PT OF SESE (21.63A) LYING SELY OF I-70 SEC. 27 ALL THAT OF NENE, W1/2NE & LOT 1 CONT 65A LYING SELY OF I-70 TOTAL 165.63A LESS HWY R.R. ROW 22.96A Acres 142.67 Land SciFt 0 Tax Area 26 Mill Levy 49.313 Subdivision View Map Owner STRAIT BOTTOM RANCH LLLP PO BOX 26 WOODY CREEK CO 81656-0026 Land Unit Type 100AC & UP-0560 (VACANT LAND) Square Feet 0 Actual Values Assessed Year 2020 2019 2018 Land Actual $89,000.00 $89,000.00 $86,000.00 Improvement Actual $0.00 $0.00 $0.00 Total Actual $89,000.00 $89,000.00 $86,000.00 Assessed Values Assessed Year 2020 2019 2018 Land Assessed $25,810.00 $25,810.00 $24,940.00 Improvement Assessed $0.00 $0.00 $0.00 Total Assessed $25,810.00 $25,810.00 $24,940.00 Tax History Tax Year 2019 2018 2017 2016 Taxes Billed $1,272.76 $1,245.72 $1,170.76 $644.80 Click here to view the tax information for this parcel on the Garfield County Treasurer's website. Transfers Sale Date Deed Type Reception Number Book - Page 1/23/2015 AGREEMENT 859667 8/1/2006 AFFIDAVIT 710963 1862-807 4/17/2006 AFFIDAVIT 696694 1793-367 4/4/2006 EASEMENT 696726 1793-585 7/20/2005 MEMORANDUM 680849 1719-948 7/19/2005 DEED 679003 1710-621 7/1/2005 SPECIAL WARRANTY DEED 677422 6/30/2005 SPECIAL WARRANTY DEED 677426 1703-258 4/1/2005 DEED 677424 1703-252 12/30/2004 SPECIAL WARRANTY DEED 666246 1652-257 11/13/1996 Deeds 1000-0249 Photos Sale Price Grantor Grantee https://qpublic.schneidercorp.com/Application.aspx?AppID=1038&LayerlD=22381 &PageTypelD=4&PagelD=9447&Q=1170019241 &KeyValue=R260298 1 /2 1/9/2020 qPublic.net - Garfield County, CO - Property Record Card: R260298 No data available for the following modules: Buildings, Sketches. The Garfield County Assessor's Office makes every effort to produce the most accurate information possible. No warranties, expressed or implied are provided for the data herein, its use or interpretation. Data is subject to constant change and its accuracy and completeness cannot be guaranteed. User Privacy Policy GDPR Privacy Notice Last Data Upload: 1/9/2020,1:44:35 AM Version 2.3.32 Developed by (Z) Schneider 6f OSPATIAL https://qpublic.schneidercorp.com/Application.aspx?AppID=1038&LayerlD=22381 &PageTypelD=4&PagelD=9447&Q=1170019241 &KeyValue=R260298 2/2 Pivot Energy Major Impact Review- Land Use Change Permit Solar Energy System - Large Pivot Solar 1 and Pivot Solar 3 Projects Tax Parcel No. 240923300098 Section 7: Traffic pivotenergy.net ENERT/A • • • • CONSUL -MG • • • • • • • • GROUPLLC June 3, 2020 Mr. Patrick Waller, Senior Planner Garfield County Community Development Department 108 8' Street, Suite 401 Glenwood Springs, CO 81601 RE: Traffic Impact Letter Report Land Use Change Permit Land West of Parachute Parcel #240923300098 Dear Mr. Waller: 1529 Market Street, Suite 200 Deriver, CO 80202 720.473.3131 sean.ohearn@enertiacg.com This Traffic Impact Letter Report is intended to provide Garfield County with traffic and travel route information related to a proposed 15.5 acre small scale solar facility identified as Pivot Solar 3 (Project). The following information is included in this letter report: • Project Location, Components and Construction Schedule • Designated Travel Route • Daily Vehicle Trip Generation • Conclusions. Project Location, Components and Construction Schedule Location The Project is a 3 MW small scale solar facility located on approximately 15.5 acres of undeveloped land within the 142 acre Strait Bottom Ranch property, west of the Town of Parachute; and within the NE1/4 of Section 27, Township 7 South, Range 96 West of the 6th P.M., County of Garfield, State of Colorado. The Project is located between 1-70 and US Highway 6. A Vicinity Map is included as Figure 1. Components The Project is divided by an existing access road into a north solar facility (5.04 acres) and a south solar facility (10.46 acres). The north solar facility will be a 1 MW solar facility with approximately 2,484 solar panels and the south solar facility will be a 2 MW solar facility with approximately 5,544 solar panels all mounted on steel H-piles and concrete transformer and inverter equipment pads. Both the north and south solar facilities will be accessed by a 16' wide gravel driveway with emergency turn-arounds. A gated perimeter fence will be installed around the perimeter of each solar facility. Pivot Solar 3 Traffic Impact Letter Report Page 2 Construction Schedule It's currently anticipated that a Land Use Change Permit will be issued by Garfield County on or before September 1, 2020. Accordingly, a construction start/mobilization date of September 15, 2020 has been established. Based on this, the following preliminary schedule has been prepared: • Driveway and material staging area prep Sept 15, 2020 — Sept 31, 2020 • Solar Facility Component Delivery Sept 15, 2020 — Sept 30, 2020 • Perimeter Fence Installation Sept 15, 2020 — Sept 30, 2020 • Solar Panel Foundation Installation Oct 1, 2020 — Nov 30, 2020 • Transformer and Inverter Installation Oct 15, 2020 — Dec 30, 2020 • Solar Panel Installation Oct 15, 2020 — Dec 30, 2020. Designated Travel Route The designated travel route is: 1-70 west to Exit 72 (West Parachute); southwest on US Highway 6 (1.4 mi) to a gravel access driveway and northwest on the access drive (0.17 mi) to the north and south Project sites. Figure 1 illustrates the travel route. The following is a brief description of the public roads and private access drive within the access route. US Highway 6 - The segment of US HWY 6 included in the travel route is generally described as two lane and asphalt -paved road with a posted speed limit of 50 mph. The pavement width for US Highway 6 is approximately 25' with gravel shoulders. The road surface appears to be in good condition with recent improvements completed by CDOT. Gravel Access Drive — The private access driveway, north of US HWY 6 is also approximately 25' wide and currently services existing oil & gas well locations located west of the proposed north solar facility. The north and south solar facilities will be accessed via all weather surface gravel driveways a minimum width of 20 feet, comprised of 6-8" class 5 or 6 ABC over compacted subgrade. Daily Vehicle Trip Generation and Distribution Project development may be divided into the following 3 phases: material and equipment delivery; solar facility construction; and solar facility maintenance). The following Table 1 illustrates the estimated average daily trip generation by vehicle type for each Project phase. Pivot Solar 3 Traffic Impact Letter Report Page 3 Table 1 — Vehicle Trip Generation Project Phase (Time Period) Vehicle Type Estimated Gross Vehicle Weight Number of Vehicles Per Day Maximum and Average Vehicle Trips Per Day Material and Equipment Delivery (approx. 2 weeks) Conex Container and Delivery Trucks 30,000-50,000 Ibs 5-15 10-30 Equipment Hauling Trucks 20,000-40,000 Ibs 0-4 0-8 Max — 38/Ave - 10 Solar Facility Installation (3 months) Passenger Vehicles 2,000 to 10,000 Ibs 5-15 20-30 Fuel Truck 20,000 to 30,000 Ibs 1 2 Material Delivery Truck 20,000 to 30,000 Ibs 1 2 Max — 34/Ave - 24 Operations (Ongoing) Utility Vehicle 2,000 to 10,000 Ibs 1 per month or less Max - 2/Ave - 0 As illustrated in Table 1, the majority of traffic generated as a result of solar facility installation shall occur during the 3 month solar facility installation (max 34/ave 24 vtpd). This traffic will generally be site worker passenger vehicles. The majority of heavy truck traffic including conex container delivery (30-50 conex containers/delivery trucks) and equipment (rubber tire loader, pile driver, fork lift) delivery and pickup will travel to and from the Project between 9:30 AM and noon and 1:30PM and 4:OOPM. Project related traffic during all phases will not be significant during AM and PM peak periods (7:30 — 9:00 AM and 4:30 — 6:00 PM, respectively). Conclusions 1. Project access is via an existing 25' wide all weather access drive off US HWY 6. Project driveways off the access drive will be 16' wide and gravel surfaced. 2. The solar facility components will generally be delivered in conex containers and the gross vehicle weight will be up to approximately 30,000 Ibs (15 tons). 3. Equipment used to construct the access driveway will generally be delivered by flat bed trucks and the gross vehicle weight is expected to be up to 50,000 Ibs (25 tons). 4. The Project is expected to generate up to 38 vehicle trips per day during material and equipment delivery (anticipated to be one week at the beginning of the project and one week at the end of the project), 34 vehicle trips per day during solar facility installation (2-3 months). 5. The project is expected to generate 1 vehicle per month or less during solar facility operation. Pivot Solar 3 Traffic Impact Letter Report Page 4 6. Project installation is anticipated to begin in September 2020 (material and equipment delivery) and end in December 2020 (container and equipment pick-up). The phase with the greatest amount of traffic (solar facility installation) is expected to occur over a 3 month period (September — November 2020). 7. Daily Project related truck traffic is not expected to impact AM and PM peak traffic periods. 8. Site distance at the Project entrance at US HWY 6 W. is over 1,000' in each direction. 9. As proposed, the solar facility installation (material/equipment delivery — approx. 1 week, solar facility installation 3 month and solar facility operations - ongoing) is not anticipated to create adverse traffic related impacts on public roads in Garfield County. Based on anticipated vehicle type and weight, the project is not anticipated to degrade/damage Garfield County roads. We trust that this Traffic Impact Letter Report for the Pivot 3 Solar Facility is acceptable and complete. Please contact me at sean.ohearn(a�enertiacq.com or (720) 473-3131 should you require additional information. Sincerely, ENERTIA CONSULTING GROUP, LLC J. Sean O'Hearn, PE, PG Managing Partner attachment ENERTIA • • CONSULTING GROUP 1529 MARKET STREET SUITE 200 DENVER, CO 80202 (720) 473-3131 0' 1250 2500 5000 ` I , SCALE: 1"=2500' FIGURE 1 - DESIGNATED TRAVEL ROUTE PIVOT SOLAR 3 PARACHUTE, CO SCALE: 1" =2500' BY: BSC Pivot Energy Major Impact Review- Land Use Change Permit Solar Energy System - Large Pivot Solar 1 and Pivot Solar 3 Projects Tax Parcel No. 240923300098 Section 8: Wastewater pivotenergy.net �I''► t 7- Energy Major Impact Review: Pivot Solar 1 and Pivot Solar 3 Projects (parcel no. 240923300098) Wastewater Plan Wastewater Infrastructure Waiver The planned solar facility will be unmanned during operation, with all site monitoring during operation being managed remotely. Scheduled visits for landscaping or equipment maintenance are expected to be less than ten times per year, unless more visits are necessary to replace faulty equipment. As such and with no permanent employees onsite, there is no need for permanent wastewater collection or treatment onsite during the operational phase of the facility as the facility will not generate wastewater. A waiver from the wastewater system requirements of either a public sewer system extension or onsite wastewater treatment system as detailed in Sec. 7-105.B is hereby requested. pivotenergy.net Pivot Energy Major Impact Review- Land Use Change Permit Solar Energy System - Large Pivot Solar 1 and Pivot Solar 3 Projects Tax Parcel No. 240923300098 Section 9: Water Supply pivotenergy.net Oft t Energy Major Impact Review: Pivot Solar 1 and Pivot Solar 3 Projects (parcel no. 240923300098) Water Supply Plan Water Distribution System Waiver The planned solar facility will be unmanned during operation, with all site monitoring during operation being managed remotely. As such and with no permanent employees onsite, there is no need for permanent waster distribution service to the facility. Any needs for water during construction (eg dust suppression) will be served by trucking in water. In the event that the operator decides to clean the solar arrays, de -ionized water will be required and will be trucked in for that purpose. A waiver from the distribution system requirements as detailed in Sec. 7- 105.A is hereby requested. pivotenergy.net Pivot Energy Major Impact Review- Land Use Change Permit Solar Energy System - Large Pivot Solar 1 and Pivot Solar 3 Projects Tax Parcel No. 240923300098 Section 10: Improvements Agreement pivotenergy.net �I''► t 7- Energy Major Impact Review: Pivot Solar 1 and Pivot Solar 3 Projects (parcel no. 240923300098) Improvements Agreement Improvements Agreement Waiver The planned solar facility will be unmanned during operation, with all site monitoring during operation being managed remotely. Consequently there is no need for the facility to be served by public service improvements such as potable water supply or waste water service. The US Hwy 6 roadway is adequate to meet the needs of the facility and should not require upgrades. Any necessary improvements to the electrical system brought about by the installation of this facility will be directly contracted between the facility operator and the utility. Therefore the applicant requests a waiver from the Improvements Agreement requirement as detailed in Sec. 4-203.K. pivotenergy.net Pivot Energy Major Impact Review- Land Use Change Permit Solar Energy System - Large Pivot Solar 1 and Pivot Solar 3 Projects Tax Parcel No. 240923300098 Section 11: Development Agreement pivotenergy.net Oft t Energy Major Impact Review: Pivot Solar 1 and Pivot Solar 3 Projects (parcel no. 240923300098) Development Agreement Development Agreement Waiver Construction of the planned solar facility is planned to occur in a single phase, with the two solar array areas being constructed at the same time and completed on a similar time frame. There would be no benefit to the projects being constructed separately and at different times. Thus, a development agreement is not necessary for this application. pivotenergy.net Pivot Energy Major Impact Review- Land Use Change Permit Solar Energy System - Large Pivot Solar 1 and Pivot Solar 3 Projects Tax Parcel No. 240923300098 Section 12: Access — LUDC 7-107 Compliance pivotenergy.net �I''► t 7- Energy Major Impact Review: Pivot Solar 1 and Pivot Solar 3 Projects (parcel no. 240923300098) Access Access Permit Applicant will apply for, and receive, an access permit from Colorado Department of Transportation prior to commencing construction activities onsite. Access Details The planned facility will use the existing access point from Old US Hwy 6 that already provides access to the existing oil and gas facilities onsite. This road is adequate for the proposed use, including equipment and material deliveries during construction and access to the site by utility trucks or flatbed trucks during operation. Each array area will have its own dedicated access from the pre-existing driveway. Array driveways will be all-weather gravel roads at least 16 feet in width. Details on the proposed driveway design specifications can be found on the site plans included with this application. pivotenergy.net Pivot Energy Major Impact Review- Land Use Change Permit Solar Energy System - Large Pivot Solar 1 and Pivot Solar 3 Projects Tax Parcel No. 240923300098 Section 13: Narrative Response — LUDC Section 7 Standards 1, 2 and 3; Section 7-1101 pivotenergy.net I► y �I�Energy Major Impact Review: Pivot Solar 1 and Pivot Solar 3 Projects (parcel no. 240923300098) LUDC Article 7 Standards: Narrative Response 7-101: Zone District Use Regulations The Land Use Change will comply with Article 3, Zoning, and any applicable zone district use restrictions and regulations 7-102: Comprehensive Plan and Intergovernmental Agreements The Land Use Change is in general conformance with the Garfield County Comprehensive Plan 2030 (GCCP) and, to the best of Applicant's knowledge, complies with any applicable intergovernmental agreement. The GCCP encourages the development of renewable energy generation resources for the benefit of individuals, communities and the County as a whole. The shift to renewable energy sources such as solar is a major part of energy mix diversification, and this solar facility, as a community solar garden, allows Xcel Energy customers to save money on their utility bills and insulate themselves against future price volatility. The proposed site is outside the Urban Growth Area for Parachute but within the designated 3-mile influence area for Parachute, and the proposed use is compatible with the low -density residential (10+ac) future use designation. The current presence of energy infrastructure on the parcel, including power distribution lines and oil and gas extraction and storage equipment, supports the selection of this site as an appropriate location for the use. 7-103: Compatibility The nature, scale, and intensity of the proposed use are compatible with adjacent land uses. The use of this portion of the subject parcel for solar energy production is of similar nature to the current uses of oil and gas extraction currently present on the parcel. In terms of scale, this use is low in profile, and only uses a small percentage of the total parcel acreage. Solar energy generation is, by nature, a passive use of energy generation technology and is consequently low in intensity in comparison to other uses. The facility will not be a significant source of dust, glare, noise, air or light pollution, and will not generate heavy traffic over its expected lifetime. As such the proposed use, at a significant distance away from the rural residences nearby, is a good fit on this property which is also bordered by major highways and vacant land. 7-104: Source of Water The proposed solar facility will not require water for operation. Any water required for construction or maintenance will be supplied by a licensed water hauler. 7-105: Central Water Distribution and Wastewater Systems The proposed use, as an unmanned facility, will not require central water distribution or wastewater systems. 7-106: Public Utilities Proximity to electrical distribution infrastructure is the prime factor in selecting this site for the proposed use. There is a three-phase line operate by Public Service of Colorado (Xcel Energy) crossing the site directly adjacent to the proposed solar array areas to which the facilities may interconnect. The utility will draft, and the landowner will execute, any necessary easements for the installation and maintenance of utility equipment required for the interconnection of the solar facilities to the power grid, such as power lines and associated equipment. It is expected that the utility transformers and other similar equipment will be mounted above ground on concrete pads, and that any power lines connecting the facility to the adjacent power line will be underground. Such utility easements will not be dedicated to the public. There are no prior legal encumbrances on the parcel that would conflict with the likely path of such easements. 7-107: Access and Roadways Subject parcel already has legal access to the proposed array areas from Old US Hwy 6, which will adequately and safely serve the proposed use. Improvements to Old US Hwy 6 will not be necessary and traffic generated by the construction or operation of the facility is not anticipated to cause any significant impacts to public rights -of -way. Dedicated access driveways serving each solar array from the existing internal road already servicing oil and gas operations will be designed and constructed to meet or exceed all relevant County design standards. pivotenergy.net Pivot Energy Major Impact Review: Pivot Solar 1 and Pivot Solar 3 Projects (parcel no. 240923300098) 7-108: Use of Land Subject to Natural Hazards Applicant has conducted various studies on the land and does not believe the designated solar array areas to be subject to significant risk from natural hazards. 7-109: Fire Protection All equipment installed at the proposed solar facility will be new, of good quality, and will meet all established testing and safety parameters. The solar facility will be primarily constructed from non-combustible materials such as glass, aluminum and steel. Electrical fires at solar generation facilities are rare and there are safeguards built into the system design to shut down operations should dangerous conditions be detected. Most fire concern with solar installations of this nature comes from the possibility of the installation being impacted by brush fires that originate elsewhere but shift to threaten the equipment. Mitigation of fire danger will be achieved by keeping the vegetation under the arrays and within the perimeter fence trimmed and ensuring regular maintenance of the solar generation equipment. Sufficient space will be left between the solar array perimeter and the perimeter fence to allow for access in case of fire, and the dedicated array driveways will be able to safely accommodate fire -fighting trucks and equipment . The local fire protection district will be provided with the gate code for access should it be required, and Applicant will follow the recommendations of district staff after their review of this application. 7-201: Agricultural Lands There is no known adverse effects of solar installations on adjacent or nearby lands. In fact, it is possible to conduct agricultural activities on the same footprint concurrently with solar operations. The system operator will follow all county regulations, if applicable, regarding the control of domestic animals; maintenance of the perimeter fence; and road maintenance and dust control. It is not believed that this project has any nexus with the standards for irrigation ditches described in 7-201.E. 7-202: Wildlife Habitat Areas With the exception of the bald eagle buffer zone discussed in more detail in the enclosed Impact Analysis there are no designated wildlife habitat areas, or species of concern, on or adjacent to the site. Applicant will consult with Colorado Parks and Wildlife on a plan for construction that will minimize any impact to the bald eagle roosting site. The facility has been designed with sufficient locational controls to avoid impacts to migration routes and will, once site stabilization is complete, feature more native plant species than are present currently. 7-203: Protection of Waterbodies The facility has been designed to minimize impact to waterbodies in the vicinity, specifically Kelly Gulch which drains to the Colorado River. Please refer to the included Site Plans. The solar array will be set back at least 35 feet from the edge of the nearest bank of the Kelly Gulch drainage channel, although a small portion of the perimeter fence is expected to be located within the 35 foot setback. The perimeter fence and solar array will be more than 100 feet away from the surveyed Kelly Gulch drainage channel. In no way will the construction of the solar array require the removal of vegetation within the setback area, or the permanent alteration of the current surface drainage characteristics within the array areas. Applicant will complete consultation with the Army Corps of Engineers prior to construction of the solar arrays and construction will be conducted in accordance with all applicable local, State and Federal regulations and requirements. There will be no permanent storage of hazardous chemicals or road salt anywhere onsite. 7-204: Drainage and Erosion As detailed in the Drainage Report included with this application, the installation of the solar arrays will not disturb more than 1 acre of land and thus will not be subject to the CDPHE NPDES permit requirements. Except as may be required for the installation of the access driveways, there will be no grading or permanent alteration of the existing drainage characteristics of the site surface. The completed installation will result in a minimal increase in surface imperviousness and a barely perceptible increase to peak stormwater flows under developed conditions to 34.7 cfs from 34.5 cfs. pivotenergy.net g1P-" Pivot N-AL Energy Major Impact Review: Pivot Solar 1 and Pivot Solar 3 Projects (parcel no. 240923300098) 7-205: Environmental Quality The completed facility is expected to have zero negative impact to air quality, and no permanent storage of hazardous materials will occur onsite. 7-206: Wildfire Hazards The subject property is designated as "Low" fire danger according to Map 7: Wildland Fire Susceptibility provided by Garfield County. The facility will consist primary of noncombustible materials such as steel, glass and aluminum and vegetation will be maintained in order to reduce potential fuels and associated fire danger. 7-207: Natural and Geologic Hazards The proposed site is not known to be marked as a Hazard Area for avalanche, landslide, or rockfall. Construction is not proposed in an alluvial fan area or on slopes of 20% gradient or greater, or otherwise unstable slopes, nor within any designated mudflow areas or over any known faults. A geotechnical investigation of the area revealed a low to moderate potential for corrosive soils to be present onsite. All concrete slab and driven steel foundations will be designed with sufficient protection to allow the facility to meet its design life expectations according to the native soils' corrosive and/or expansive properties as detailed in the geotechnical report. 7-208: Reclamation Land disturbance during construction is expected to be minimal at less than one acre. After construction, all areas within the site fence line will be over -seeded with the proscribed seed mix consisting of native, low -growth plant species and established in accordance with County standards. No major changes to the existing site topography are proposed. Please refer to the enclosed Drainage Report, Site Plans and Revegetation Plan for more detail. 7-301: Compatible Design Project area is zoned Rural, with Rural zoning on the three adjacent sides. On the south-west side the property is zoned Resource Lands. The proposed use is considered to be low -impact both with regard to the land on the subject parcel and to neighboring parcels. Outside of the relatively short construction period, where some noise, fumes, and dust can be expected from the operation of construction equipment, the facility will not be a significant source of dust, odors, gas, fumes or glare throughout its operational life. The solar facility will be sited a significant distance from adjoining lands with a different zoning. 7-302: Off -Street Parking and Loading Standards The proposed use of a Solar Energy System — Large is not found in Table 7-302.A. As an unmanned facility, permanent parking is not necessary for this use. Designated areas for craft parking will be identified during construction, and no street or right-of-way shoulder parking will be permitted either during the construction or operational phases of the project. Site design is proposed to allow for trucks delivering equipment and construction materials to pull completely off Old Hwy 6 before unloading. Permanent loading bays are not appropriate for this use as there is no building proposed that could accommodate loading bays, and very few additional deliveries of equipment or materials are anticipated during the operational life of the facility. 7-303: Landscaping Standards Applicant has prepared a re -vegetation plan for all partially disturbed areas within the solar array fence lines, with recommendations for the planting and establishment of ground cover depending on the season in which construction is completed. All species have been selected as native, drought -tolerant grass species with a relatively low growth profile, so as to minimize the potential for shading of the solar arrays and to minimize susceptibility to fire danger. The land in question is dry, with poor soils, significant sun exposure and very little rainfall. As such, the planting of additional trees or shrubs is not recommended in keeping with 7-303.C, where landscaping must be consistent with the unique ecosystem and specific environment local to the development. There is very little likelihood that such larger vegetation would be able to establish itself or thrive in such an environment, as shown by the sparse vegetation currently present on the parcel. 7-304: Lighting Standards Perimeter or security lighting is not proposed for this facility. As the facility will automatically cease to operate after daylight hours, there is no real need for significant lighting to be installed anywhere on the property. It it likely that pivotenergy.net Pivot Energy Major Impact Review: Pivot Solar 1 and Pivot Solar 3 Projects (parcel no. 240923300098) each equipment pad will feature a single task light with a manual switch, to be used if maintenance or repair to the electrical equipment is required to take place outside of daylight hours. Such task lighting will be downcast to illuminate the electrical equipment area and will not be oriented toward neighboring properties. 7-305: Snow Storage Standards Given that the facility will be unmanned, with no permanent parking and a trip frequency of less than 1 vehicle per month during operations, there is no need for snow storage at this facility. 7-306: Trail and Walkway Standards Due to the remote location of the proposed facility far away from shopping parks, schools, parks, trails and greenbelts, the inclusion of trails, walkways or other similar improvements as part of this development is not considered to be recommended or necessary. 7-1101: Solar Energy Systems There will be signage installed at the gate and at regular intervals along the perimeter fence of each array, warning of electrical shock hazard, as shown on the site plans and required by 7-1101.A. The remainder of the standards discussed in 7-1101.B are for Accessory Solar Energy Systems and do not apply to this application. pivotenergy.net Pivot Energy Major Impact Review- Land Use Change Permit Solar Energy System - Large Pivot Solar 1 and Pivot Solar 3 Projects Tax Parcel No. 240923300098 Section 14: Glare Analysis pivotenergy.net 8/25/2020 Pivot Solar 1 and 3 - Strait Bottom Ranch Site Config 1 ForgeSolar r .;" ForgeSolar ■ �' ■ PV plane, eglare analysts Site Configuration: Pivot Solar 1 and 3 - Strait Bottom Ranch Project site configuration details and results. Summary of Results No glare predicted! ForgeSolar Created Aug. 25, 2020 11:02 a.m. Updated Aug. 25, 2020 11:11 a.m. DNI varies and peaks at 1,000.0 W/m^2 Analyze every 1 minute(s) 0.5 ocular transmission coefficient 0.002 m pupil diameter 0.017 m eye focal length 9.3 mrad sun subtended angle Timezone UTCO Site Configuration ID: 42569.7721 PV Name Tilt Orientation "Green" Glare "Yellow" Glare Energy Produced deg deg min min kWh PV array 1 SA tracking SA tracking 0 0 - Component Data PV Array(s) Name: PV array 1 Axis tracking: Single -axis rotation Tracking axis orientation: 180.0 deg Tracking axis tilt: 0.0 deg Tracking axis panel offset: 0.0 deg Maximum tracking angle: 52.0 deg Resting angle: 52.0 deg Rated power: - Panel material: Smooth glass without AR coating Vary reflectivity with sun position? Yes Correlate slope error with surface type? Yes Slope error: 6.55 mrad Approx. area: 933,256 sq-ft Route Receptor(s) Ground Height above Total Vertex Latitude Longitude elevation ground elevation deg deg ft ft ft 1 39.415619 -108.089929 5068.30 5.00 5073.30 2 39.414873 -108.087654 5045.39 5.00 5050.39 3 39.411623 -108.090465 5064.48 5.00 5069.48 4 39.412817 -108.092461 5089.66 5.00 5094.66 https://www.forgesolar.com/projects/7721/configs/42569/ 1/4 8/25/2020 Pivot Solar 1 and 3 - Strait Bottom Ranch Site Config 1 ForgeSolar Name: Hwy 6 Route type Two-way View angle: 50.0 deg Ground Height above Total Vertex Latitude Longitude elevation ground elevation deg deg ft ft ft 1 39.418807 -108.083399 5068.83 4.00 5072.83 2 39.411463 -108.090008 5057.56 4.00 5061.56 3 39.410388 -108.091122 5054.19 4.00 5058.19 4 39.409137 -108.092753 5048.68 4.00 5052.68 5 39.408009 -108.094566 5038.17 4.00 5042.17 6 39.404826 -108.100585 5029.20 4.00 5033.20 Name: I-70 Eastbound Route type One-way View angle: 50.0 deg Ground Height above Total Vertex Latitude Longitude elevation ground elevation deg deg ft ft ft 1 39.407122 -108.102556 5084.22 4.00 5088.22 2 39.410720 -108.096162 5099.72 4.00 5103.72 3 39.411822 -108.094907 5108.80 4.00 5112.80 4 39.413273 -108.093834 5107.08 4.00 5111.08 5 39.416605 -108.091355 5089.94 4.00 5093.94 6 39.418147 -108.089875 5087.07 4.00 5091.07 7 39.419796 -108.087944 5100.60 4.00 5104.60 Name: I-70 Westbound Route type One-way View angle: 50.0 deg 7, • ,PA,*.zono Len., ryMeasrlaRn.,Ages, a swl envy Vertex Latitude Longitude deg Ground Height above Total elevation ground elevation deg ft ft ft 1 39.420260 -108.088238 5108.59 4.00 5112.59 2 39.419117 -108.089579 5098.15 4.00 5102.15 3 39.418039 -108.090759 5093.98 4.00 5097.98 4 39.416962 -108.091800 5096.93 4.00 5100.94 5 39.415884 -108.092712 5104.44 4.00 5108.44 6 39.414127 -108.093956 5111.23 4.00 5115.23 7 39.412361 -108.095298 5110.20 4.00 5114.20 8 39.411614 -108.095909 5103.69 4.00 5107.69 9 39.410926 -108.096821 5100.32 4.00 5104.32 10 39.407436 -108.103001 5088.36 4.00 5092.36 Discrete Observation Receptors Number Latitude Longitude Ground elevation Height above ground Total Elevation deg deg ft ft ft OP 1 39.411323 -108.091733 5071.80 8.00 5079.80 OP 2 39.410822 -108.092060 5069.09 8.00 5077.09 https://www.forgesolar.com/projects/7721/configs/42569/ 2/4 8/25/2020 Pivot Solar 1 and 3 - Strait Bottom Ranch Site Config 1 ForgeSolar PV Array Results Summary of PV Glare Analysis PV configuration and predicted glare PV Name PV array 1 Tilt Orientation "Green" Glare "Yellow" Glare Energy Produced Data File 0 deg deg min min kWh SA tracking SA tracking 0 0 Click the name of the PV array to scroll to its results PV & Receptor Analysis Results detailed results for each PV array and receptor PV array 1 no glare found Component OP: OP 1 OP: OP 2 Route: Hwy 6 Route: 1-70 Eastbound Route: 1-70 Westbound No glare found Green glare (min) Yellow glare (min) 0 0 0 0 0 0 0 0 0 0 https://www.forgesolar.com/projects/7721/configs/42569/ 3/4 8/25/2020 Pivot Solar 1 and 3 - Strait Bottom Ranch Site Config I ForgeSolar Assumptions • Times associated with glare are denoted in Standard time. For Daylight Savings, add one hour. • Glare analyses do not account for physical obstructions between reflectors and receptors. This includes buildings, tree cover and geographic obstructions. • Detailed system geometry is not rigorously simulated. • The glare hazard determination relies on several approximations including observer eye characteristics, angle of view, and typical blink response time. Actual values and results may vary. • The system output calculation is a DNI-based approximation that assumes clear, sunny skies year-round. It should not be used in place of more rigorous modeling methods. • Several calculations utilize the PV array centroid, rather than the actual glare spot location, due to algorithm limitations. This may affect results for large PV footprints. Additional analyses of array sub -sections can provide additional information on expected glare. • The subtended source angle (glare spot size) is constrained by the PV array footprint size. Partitioning large arrays into smaller sections will reduce the maximum potential subtended angle, potentially impacting results if actual glare spots are larger than the sub -array size. Additional analyses of the combined area of adjacent sub -arrays can provide more information on potential glare hazards. (See previous point on related limitations.) • Hazard zone boundaries shown in the Glare Hazard plot are an approximation and visual aid. Actual ocular impact outcomes encompass continuous, not discrete, spectrum. • Glare locations displayed on receptor plots are approximate. Actual glare -spot locations may differ. • Glare vector plots are simplified representations of analysis data. Actual glare emanations and results may differ. • Glare analysis methods used: OP V1, FP V1, Route V1 • Refer to the Help page for assumptions and limitations not listed here. https://www.forgesolar.com/projects/7721/configs/42569/ 4/4 Pivot 11Wl11Energy Major Impact Review: Pivot Solar 1 and Pivot Solar 3 Projects (parcel no. 240923300098) Supplemental Narrative — Glare Hazard Analysis What is Glare Hazard Glare occurs when sunlight striking the surface of a solar module is not fully absorbed into the solar cells, but is partially reflected off by the glass surface before it can reach the cells. It is most prevalent when the incoming sunlight is at a high incidence angle to the surface of the solar module. At such angles, approximately 20% of the incoming light can be reflected. Generally speaking, the angle at which reflected light bounces off the module surface is identical to the incidence angle. When evaluating the potential for glare for solar applications near to airports and other Federal Aviation Authority (FAA) -regulated airspaces, the level of reflectivity of a solar array is traditionally considered to be roughly comparable to the reflectivity of a body of water. Glare from solar arrays is relatively rare but has been shown to be a potential hazard to airplane pilots, motorists and observers. Glare Hazard Mitigation Solar modules come with a number of adaptations designed to reduce the potential for glare hazard. Chief among these are the texturing of the glass surface in order to reduce the potential for specular reflection, and the application of an anti -reflective coating (ARC) to the surface to encourage the absorption of light. These measures are considered to be standard on most photovoltaic solar modules available on the market today, including those proposed for installation at this site. The use of single -axis tracking array mounting systems is an additional method of reducing the potential for glare hazard. Since the array is equipped with sensors to monitor the position of the sun overhead, and the rows turn in order to keep the modules oriented toward the sunlight, the potential for glare is greatly reduced. This is because the exit angle for reflected glare is identical to the incidence angle of the sunlight, and this angle is lower (closer to zero) when the surface of the module is pointed toward the sun. Single -axis tracking control systems are also programmable, and can be programmed to change their position at a specific time of day, so that if glare is modeled or encountered during operation a change can be written into the positional control commands. This is typically referred to as "backtracking". Glare Modeling The tool used to produce the glare analysis included with this application is the Forge Solar glare analysis tool. It was produced by Sandia Labs in the U.S. and is a standard analysis tool used widely across the industry in order to analyze the potential for specular reflection hazard. The Forge Solar glare tool is a standard inclusion in the preparation and submission of Hazard evaluations to the FAA when permitting solar projects on or near airports. The user creates a model of the solar array fields and specifies certain parameters such as module surface type (glass texture, ARC etc.), array mounting type (fixed -tilt, single -axis or dual -axis tracking) including height above grade, and operational characteristics such as min/max tilt and backtracking range. The user then specifies a specific traffic route and/or series of observation points at desired locations around the proposed array field, as well as their height above grade, for which the potential for glare is desired to be evaluated. Once the two sets of parameters are finalized, the tool runs through all of the parameters required to calculate the potential for glare between the array and the designated observation points. Pivot's procedure in evaluating glare hazard for permitting is to use the Forge Solar tool as a preliminary analysis. Should this method reveal the potential for glare, a formal glare study is then commissioned from a qualified engineer. For this application, glare potential was modeled for both the 1-70 and old US Hwy 6 route corridors as well as discrete observation points for the residences nearby to the south-west. No glare potential was identified for any of the specified hazard evaluation areas. pivotenergy.net