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1.00 General Application Materials
May 16, 2022 Page 1 of 4 (plus attachments) To: Garfield County Community Development Department Attn: Glenn Hartman From: Lyman Fogel 501 Ingersoll Lane, Silt, CO 81652 970-948-0600 lyman@fogel.org Ref: pro forma Application for the Fogel Minor Subdivision Mr. Hartmann: This application for a Minor Subdivision follows Item IV, page 3 of the Pre-Application Summary -- “Submittal Requirements”. The checkbox numbers (box #) are sequential as listed. Box-1 1. This application is signed at end. 2. Payment of fees a. Departmental fees for Garfield County, school and fire protection will be paid upon their determination in response to this Application. 3. Proof of ownership 1. Copy of warranty deed is Attachment-E 2. The Payment Agreement Form is Attachment-U. Box-2 1. Title commitments from Land Title Guarantee Company, 02/25/2022, are Attachment-F. Box-3 1. I “bought the ranch” over the last 40 years doing construction management. My last construction income before retirement was June 2019, and my only revenue is Social Security. Over time, all disposable income always went to ranch, not otherwise invested. Now my revenue is inadequate, and I must use the equity from the ranch. I’m determined to stay here and will keep Lot-A (2 acres) for my home. Lot-B and Lot-C will be sold. Box-4 1. Names and mailing addresses of owners within 200 feet is Attachment-L. 2. Adjacent property mapping from assessor’s office is Attachment-M. 3. Mineral rights documentation is Attachment-H. Certification is Att-H, page H.1. Research data is Att-H, Page H.2. Letter of Notice to other party of interest is Att-H, page H.3. Copy of document mailing is Att-H, page H.4 Box-5, not applicable Box-6, not applicable Box-7 1. Pre-Application Summary is Attachment-A Box-8 1. The Vicinity Map is on the Plat Certification Sheet, Attachment B. Box-9 1. The Existing Conditions Survey is Attachment C. Fogel Subdivision Application, 5/16/2022 page 2 of 4 Box-10 1. Access roads, including the new bridge and roadway accessing Lot-B, exceed the standards for “driveway” on Table 7-107 of the LUDC. 2. Bridge and Underground Crossing permit from Farmers Irrigation Company for Lot-B access is Attachment-M. Box-11 1. All required improvements are in place, now existing. Box-12 1. The Minor Subdivision Plat, with certification sheet, is Attachment-B 2. For better visualization, a drone-view photo is Attachment-D Box-13 1. Current Well Permit application is Attachment-P. Existing Well Permit #68835-F is in Attachment Q, page Q.4 2. Water supply contract with West Divide Water Conservation District is Attachment-Q. 3. Well Pump Test is in Attachment-Q page Q.5. 4. Water Quality Test is Attachment-R. No tested items exceed the Maximum Contaminant Limit listed by the EPA or Colorado Department of Public Health and Environment. Unregulated water conditions are of good quality. We have consumed this water for 28 years. 5. The Water Sharing Covenants are Attachment-S 6. The new independent water system with cistern is installed on Lot-A. There is a new yard hydrant installed on Lot-B. The existing water system to Lot-C will remain. All three users are metered separately. All three lots have live water. Box-14 1. Statement of OWTS feasibility for Lot-A from Kumar Engineers is Attachment-V. 2. Lot-B is mostly open agricultural land and an OWTC is feasible at most locations. 3. There is an existing OWTS permit for Lot-C (serving the existing house). It is of record with Garfield County at the address of 501 Ingersoll Lane, Silt. Box-15 1. The Water Sharing Agreement, Attachment-S, includes irrigation water. 2. The existing “Fogel Ranch Irrigation Plan” is in Attachment-S, page 9 3. 15 shares of Farmers Irrigation Company stock will be sold with Lot-B, and 5 shares of Farmers Irrigation Company stock will be sold with Lot-C. 3. The new allocation of the existing 20 acre-feet of irrigation water from the Silt Project will be divided between Lot-B and Lot-C as determined by the Silt Water Conservancy District. They have already made that determination and will coordinate directly with the Garfield County Assessors Office when the subdivision process allows. 4. Landscape irrigation water for Lot-A will be drawn from the “Hammer Spring” that feeds the existing pond on Lot-B. Water rights for the spring and pond are in Attachment-P, page 22 (Attachment-E to form 45). The right to use that water will be held by Lyman Fogel. The pump and distribution of this water is in place from the pond to a new yard hydrant on Lot-A, with 20 gpm available in constant pressure. This is more than adequate for landscape and any future indoor agriculture for Lot-A. Box-16 1. review compliance with Sec 5-301 a. Tax status and Garfield County departmental fees will be paid upon their determination in response to this Application. See Box-1, Item 2, above. Box-17 1. review compliance with Article 7, Attachment-K. In review of this Article, compliance is covered elsewhere except as follows: Box-18 Fogel Subdivision Application, 5/16/2022 page 3 of 4 a. Item 7.106.B. Excell service contracts for all 3 parcels are Attachment-N. Power is live at Lot-A and Lot-C. Power pole and transformer are ready to connect for future building permit on Lot-B. b. Item 7.109, fire protection . This Application will prompt Colorado River Fire Rescue to inspect fire related issues. We will comply with all requirements forthcoming from their report. We would not expect dramatic change from existing conditions for these rural residential lots. All Lots have very good equipment access . Lot C currently has two 2" fire protection standpipes tied to the constant-pressure irrigation system. Any tree or brush removal would seem a part of future building permits . c. Item 7 .109, address identification Addresses have been allocated to all three parcels. Lot-A is 501 Ingersoll Lane; Lot-Bis 505 Ingersoll Lane; Lot-C is 509 Ingersoll Lane. Clear signage directing emergency and private traffic to all three lots from the end of the Ingersoll Lane, where our access begins, will be as required by Garfield County, at a minimum. The existing 3-box covered mail box enclosure at the end of Ingersoll Lane will be extended and expanded with new mailboxes and with parcel space between the boxes for all five addresses at the end of Ingersoll Lane. 1. Colorado Geological Survey review form is Attachment-T. This form was submitted by hand to the offices of CGS in Golden on 02/25/2022 , and the $600 fee paid. Upon the prompt from Garfield County, they will review and report . The fee will be noted "pre-paid". Box-19 1. The Water Sharing Agreement, Attachment-S, is the only covenant. Box-20, No waiver requests . Box-21 Copy of the original Hammar Exemption, with survey, is Exhibit-G This completes this pro-forma Application for the Fogel Minor Subdivision addressing all boxes in the heading "IV Submittal Requirements" from the Pre-Application Summary. As the approval process continues, we will respond promptly to any additional information required or any support needed from our end. A property line agreement with our western neighbor is forthcoming. The Attachment reference list is Page 4 of this application. All the attachments, letter numbered A though V, are submitted in a flash drive. Please advise if you need anything printed, or if there are questions with the format. I sincerely appreciate your time and effort to date, and for the continued administration. List of Attchments, Fogel Minor Subdivision Application A pre-application summary B Plat and Plat Certifications C existing conditions survey D drone view of lots E copy of deed F Title Commitments, G Hammer Exemption with survey H Mineral interest ownership I not used J Article 7 review K list of property owners for notification L adjacent property map from assessor M Farmers Irrigation Company bridge/crossing/ROW permit N excell confirmation of services O not used P well permit (new??) Q west divide contract R water quality test S water sharing agreement T colorado geological survey application U payment agreement form V Kumar letter OWTS Lot A feasible Fogel Subdivision Application 5/16/2022 page 4 of 4 List of Attchments, Fogel Minor Subdivision Application A pre-application summary B Plat and Plat Certifications C existing conditions survey D drone view of lots E copy of deed F Title Commitments, G Hammer Exemption with survey H Mineral interest ownership I not used J Article 7 review K list of property owners for notification L adjacent property map from assessor M Farmers Irrigation Company bridge/crossing/ROW permit N excell confirmation of services O not used P well permit (new??) Q west divide contract R water quality test S water sharing agreement T colorado geological survey application U payment agreement form V Kumar letter OWTS Lot A feasible 1 Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE-APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2125-303-00-365 DATE: 4/16/21 PROJECT: Fogel Minor Subdivision OWNER: Lyman Fogel SURVEYOR: Bookcliff Surveying PRACTICAL LOCATION: Located approximately 1.5 miles north of the Town of Silt, at 501 Ingersoll Ln. Silt, CO 81652. TYPE OF APPLICATION: Minor Subdivision ZONING: Rural (R) I. GENERAL PROJECT DESCRIPTION The Applicant owns approximately 22.3 acres which was created by the Hammer Subdivision Exemption. The Applicant plans to request subdivision of the property into 3 lots, approximately 2.2 acres, 13 acres, and 7 acres. One existing home is located on the property. The proposed lots would be served by a shared existing well with a contract with the West Divide Water Conservation District. A shared well agreement would be provided and Division of Water Resources policies on shared wells would be a consideration addressed as part of the review and referral process. The Applicant represents that water distri bution systems exists for the two larger lots and that a new system would need to be installed to serve the 2.2 acre lot. Cost estimates for installation of the new water system would need to be provided. An HOA to administer water issues is also proposed by the Applicant. Irrigation water rights would be provided for the three lots and any irrigation ditches and easements on the site would need to be shown on site plans and on the minor subdivision plat. A major irrigation canal/ditch crosses the site and the Irrigation Ditch Company would be a referral agency for the review. Attachment-A page 1 of 12 [=E{ Garfield County 2 An existing OWTS system would serve one lot with two new OWTS systems to serve future new construction. An existing driveway off of County Road 261A would be improved/expanded to serve two of the lots. A new driveway will be necessary to serve the third lot. All driveways would be required to meet Table 7-107 Standards in the Land Use and Development Code. Electric service exists on the proper and the Application will need to demonstrate that all lots are provided with electric service. Cost estimates and a subdivision improvements agreement (with security) for all required improvements (water, access, electric, etc.) will be needed or in lieu of said agreement the Applicant may propose that all improvements will be installed prior to the filing/recording of the plat. Documentation of the original lot creation by the Hammer Subdivision Exemption should be provided as part of the Application Submittals. Waivers associated with the timing for submittal of certain submittal requi rements may be considered pursuant to Section 4-202 of the Land Use and Development Code (LUDC). Any waiver requests should address the waiver criteria. II. COMPREHENSIVE PLAN The property is designated Residential Medium Hight (Res MH) with a density recommendation of 2 – 6 acres/dwelling unit. The proposed 3 lots on 22.3 acres is within the density range recommended by the Comprehensive Plan. APPLICANT’S SITE Att-A, p.2 of 12 ., . • I ~ ' mram 0 .2mi -,'-~ fit 107.636 39.583 Degrees INTERMITTENT PERENNIAL u nspecified type Inst itutional Land Use Overlay D Municipa lity ■ Urban G rowth Area □ Public Lands and Open S p ace Future Land Use Ind ust rial ■ MixedUse ■ Commerci al ■ Res H (7,500 sqft to 2 AdDu) Res MH (2 to 6 AdDu) Res M (6 to 10 AdDu) Res L(10+ AdDu) Resou rce Production /Natural 3 III. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The following Sections of the Garfield Land Use and Development Code are applicable to the proposed application: • Section 5-301 Minor Subdivision including review criteria • Table 5-103 Common Review Procedures and Required Notice • Section 5-401 and Table 5-401 Submittal Requirements including preliminary engineering reports for Access, Sanitation, Groundwater Drainage, and any preliminary cost estimates. • Section 5-402 Description of Submittal Requirements including Final Plat • Section 4-103 Administrative Review (public notice) • Section 4-203 Description of Submittal Requirements (as applicable) • Provisions of Article 7, Articles 1, 2, 3 and 4, as applicable including site planning and subdivision standards. • Section 4-202, Submittal Waivers and Section 4-118, Waivers from Standards as applicable or needed. IV. SUBMITTAL REQUIREMENTS As a convenience outlined below is a list of information required for this type of application: General Application Materials signed copy of Application Form, payment of fees, Proof of Ownership (title work, copy of a deed), information on any lien holders, and signed payment agreement form. Title Commitments for the Applicant’s property should be provided. A narrative describing the request and related information. Names and mailing addresses of properties within 200 ft. of the subject propert y, including mapping from the Assessor’s Office showing ownership. Mineral rights ownership for the subject property including mailing address. If owner intends to have a representative (Planner, Attorney, or Surveyor) a letter of authorization to represent is needed. If the property is owned by a trust or LLC a statement of authority form needs to be provided confirming the individual authorized to sign documents on behalf of the trust or LLC. Copy of the Pre-application Summary needs to be submitted with the Application. Vicinity Map including areas within approximately 3 miles. Site Plan and related information (some may be shown on the proposed plat) including topography, existing improvements, infrastructure, irrigation ditches, and significant features. The site plan should include improvement location information for existing structures adequate to confirm that no nonconforming conditions will result from the proposed subdivision. The site plan and supporting documentation needs to include details on access roadways including compliance with standards in Table 7-107. Documentation of legal access (access easements) serving the site are also required. Waivers from Att-A, p.3 of 12 4 Roadway Standards if determined necessary should be consistent with the Roadway Waiver Policy (see attached). Cost Estimates for required improvements need to be provided (water, access, electricity, etc.) or a commitment to install improvements prior to recording the plat. The Proposed Minor Subdivision Plat showing the proposed lot lines, all easements and required certificates. Water Supply Plans needs to include details on legal water, well production tests, and water quality tests. If contracts with a water conservancy district are involved copies of draft contracts should be provided. Should the Applicant wish to delay provision of water quality testing a waiver may be requested. Wastewater Treatment Plan needs to address any constraints including soils and demonstrate feasibility of installing OWTS on the proposed lots. The County permit for the existing system needs to also be provided. Information/representation on distribution/allocation of irrigation water rights between the three lots. Information to demonstrate compliance with Minor Subdivision Review Criteria contained in Section 5-301. Information as applicable to demonstrate compliance with provisions of Article 7 (including provision of utility services, water, sanitation, access, soils, geology, topography, geologic hazards review/mitigation, fire protection – wildland fire issues. Application formatting that addresses each section of Article 7 is recommended. Referral to the Colorado Geological Survey is also required with an additional referral fee. Draft Homeowners Documents/Covenants if any should be provided. Waiver requests from submittal requirements or standards need to be included in the submittals and the waiver criteria clearly addressed (Sections 4-118 and 4-202). Copy of the original Exemption approvals creating the Applicant’s lot. Supplemental meetings with Staff are an option if the Applicant has additional questions on submittal requirements and/or potential waiver requests. V. REVIEW PROCESS The review process shall follow the steps contained in Table 5-103 and Section 4-103 for an Administrative Review including: • Pre-Application meeting • Submittal of Application (3 hard copies & one electronic copy on memory stick/CD) • Completeness Review • Additional Submittals if determined to be incomplete • Setting a date for the Director’s Decision • Provision of additional copies of the Application for referrals • Public Notice to Property Owners within 200 ft. and mineral rights o wners of the Applicant’s property • Director’s Decision • 10 Day Call-up Period Att-A, p.4 of 12 5 • Finalizing the Minor Subdivision Plat and any required conditions • Circulation of the plat for Applicant & Other Signatures • Board of County Commission Signing the plat as a consent agenda item. The Application may be called up for review by the Director and the Board of County Commissioners or the Applicant and any affected Adjacent Property Owner can request a Call-Up for review by the Board in accordance with the procedures and review process contained in Section 4-112. Public Hearing(s): _X_ Directors Decision (with public notice) ___ Planning Commission ___ Board of County Commissioners ___ Board of Adjustment Referral Agencies: May include but are not limited to: Garfield County Surveyor, Garfield County Road and Bridge Department, Garfield County Consulting Engineer, Garfield County Vegetation Manager, Colorado Geological Survey, Fire Protection District, Colorado Parks and Wildlife, BLM. VI. APPLICATION REVIEW FEES Planning Review Fees: $400 Referral Agency Fees: $tbd ($600 Colo.Geological Survey - others tbd) Total Deposit: $400 (additional hours are billed at hourly rate of $40.50) VII. GENERAL APPLICATION PROCESSING The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or m ay 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) f or review by the public. Proprietary information can be redacted from documents prior to submittal. Pre-application Summary Prepared by: _________________________________________ ____5/20/21____ Glenn Hartmann, Principal Planner Date Garfield County Community Development Department Att-A, p.5 of 12 ~ I I I I 6 Att-A, p.6 of 12 "' £ C: 0 E N >- ] "' E -~ C. C. <t e Garfield County Minor Subdivision Review Process (Secti on 5-301) Step 1: Pre-application Conference •Applicant has 6 months to subm it application Step 2 : Application Submittal Step 3: Completeness Review • 10 business days to review •If incomplete, 60 days to remedy deficiencies Step 4: Schedule Decision Date and Provide Notice •Mailed to adjacent property owners w ithin 200 feet and minera l owners at least 1S days prior t o d ecisio n date Step 5: Referral •21 day comment period Step 6: Evalution by Director Step 7 : Director's Decision •Call-up Period -within 10 days of Director's Decision •Applicant has 1 year to meet any conditions of approval 7 Att-A, p.7 of 12 TO: FROM: DATE: RE: Garfield County MEMORANDUM Staff County Attorney's Office June 24, 2014 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 CoW1ty Land Use and Development Code of 2013 ("LUDC") S ection 4- 10l(E)(l)(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 nwnber of mineral owners who have provided such information to the Assessor's office so this may not provide any information, depending on your property. 8 Att-A, p.8 of 12 'MEMO June 24, 2014 Page2 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 detennine 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 detennine mineral rights O\vnership by yourself, consider hiring an auomey or landman. AUomeys and landmen specialize in detennining mineral rights O\vnership, but they charge a fee for their services. 9 Att-A, p.9 of 12 CERTIFICATION OF l (ll'iE RAL OWI\"ER RESEARCH This Jonn is robe c;omplet:ed and submitted with any application for a Land Use Change Permit. Min eral Sltere.m may b e se-vered from surface rigjrt interests i n real property. C.R.S. § 2.4-65.5-10 1, et seq, re c,.i ires notification to m ineral owners when a landowner a pplies for a n appl icat io n for dev e lo pment from a local go-.,,emment . As such, t he lando-wner must research t he current ov.ners of mineral interests for lhe p roperty. The Garfi eld County La nd Use and Develo pment Code of 2013 ("LUDC") Section 4-101(EH1KbK41 r,equi res written notice to o wne rs of mineral interests in the s ubject property in accordance w ith C.R.S. § 24-655-101, er seq, "as such owners can b e ident ifi ed through the records in t he office of the a e rie and Recorder or Assessor, o r throug h other m e ans.• This fom, is proof of applicant's com p liance wi th ~he Colorado Revised Statutes a nd 1he LUDC. The ,undersigned app licant certnies that mineral or.vne;rs have been researched for t he sub ject p r operty as re q ui red pursuant t o C.R.5. § 24-65.5-101, et seq, a nd Semotl 4-1 01 (E](l )(bX4 l o f the Garfield County Land Use and Develo pment Code, as a mended, As a result of that resea rch, t he unde rsigned app licant certifies the foll owing (Please initial on the blank line next to the stotement that awxat.ely reflects the result of research}: _ I own t h e enti re m in eral ,estate relati-.e to the sooject property; or _ Mi nerals a re owned by the pa rties listed below The n ames a nd addre.sses of any and a II mineral owners ident ified .a-re p rovi d ed below (a tta ch additiona I ,pages as necessary): Name o f M ineral O.vnetr Mailing Add re ss of M in«al Owner I illliknowledge II r eviewed C.R.S. §, 14-65.5-101, et sa,, amt I am in rompl'iance with said statue and the LUOC Applican t's Signat ur e Dat e 10 Att-A, p.10 of 12 COLORADO GE O L OGI CAL S URVEY SUBM ITTAL FOR MFOR LAN D~SE RE ~EWS County ________________ _ Date ___________ _ Project Name ______________________________ _ APPLI CANT (or Applicant's Authorized Repr-esentatiw responsible for paya,g the CGS review fee) Name ______________________ _ Address ______________________ _ Sectioll(s) ___ _ T 0'111"11S11ip __ _ :R.oge ____ _ Phone __________ Emai l __________ _ Decut ____ _ Dec Long ___ _ FEE SCHEDU L E (effe ctive J une 1, 2 0091 Reviews for Courrtie& Small Subdivision (> 3 dwellings or lots and < 100 aaes)........ . .•...................... S950 Large SIJlcivisia, ~ 100 .x:res and < 500 acres) ............................ ··-·· ..••. S 1,550 Very laf9e' Subdivision (500 acres a more) ................................ _ ......•...... $2.500 Very small n!Sidential subdivisions ( 1-3 dweffings and < 100 acres} ................... $600 Revil!'tll/$ for Mu nicipalities ......................................... Al hourly rate of revif!,we( Special RlMeW& ..................••...........••..................... .At hourly rate of reviewer School Site Reviews ......•........•.•..•...........•.•...................... $850 CGS LAND U SE REVIEWS Geo l ogical studies are required by Colorado counties for all subdivisions of unincorpo- rated land into parcels of less than 35 acres, under State statute C .R .S . 30-28-136 {1 ) (i) (Sen.ate Bill 35. 1972). Some Colorado municipalities require geological studies for sub- di,•ision of i n corporated land. In addition. local gover n m ents are empowered to regu- late development acti,ities in hazardous o:r mineral-resource areas under C.R..S. 24-65.1- 101 e t seq. (House Bill !OU, 1974) and C.R.S. 34-1-301 et seq. (House Bill 1529. 1973 ). respectively . Local-government agencies submit proposed subdi1-'"ision apptic:ations and supporting lec:bnicsl reports to the Colorado Geologic-al Survey " .. .for evaluation of those geologic factors which would have significant impact on the proposed use of the land,# in accor- danc-e with State statutes. TI\e COS reviews the submitted documents and serves as a technical advisor to local-government planning ag,encies during the pl.umin.g p:rOC'i!Ss . Since 1984. the COS has been required by law to rec-over the tull direct cost of pertom,- int; s-ucb re1-iews. The adequate knowledge of a site's geology i s essencal for any development project It is needed a t the start of the proj ect in order to plan. design, and construct a safe devel- opment. Proper planning for geologic.al con ditions can help developers and future o'l'lrners/users reduc-e unnecessary n\ainteuance and/or repair costs. 11 Policy 01-14 Waivers for Roads and Demonstration of Compliance March 3, 2014 Section 7-107, Access and Roadways, of the Garfield County Land Use and Development Code (LUDC) requires all roads to be designed to provide for “adequate and safe access” and reviewed by the designated County Engineer. The LUDC defines “road” as “a County road, State highway, public road, street or alley, or private th oroughfare which affords primary access to abutting property, excluding a driveway accessing a single property.” The LUDC defines “private road” as “a right-of-way constructed, established, owned, and maintained by a private party for access exclusively to private property.” Many of the roads in Garfield County are private roads in that they are gated and do not serve the general public and they pre-existed the design currently required by the County’s Road Standards as defined in Table 7-107. The LUDC allows for the waiver of specific standards provided that the following criteria have been met: 1) an alternative design achieves the intent of the subject standard to the same or better degree and 2) the proposed alternative will impose no greater impacts on adjacent properties than would occur through compliance with the specific standard (Section 4-118). In applications that include roads that do not meet current County road standards as outlined in Table 7 -107, the County has asked that Applicants request a waiver of Section 7-107.F, Design Standards, and include in the Application submittal sufficient information, prepared by a professional qualified in the specific discipline, to demonstrate that they meet the criteria outlined in Section 4-118 for granting a waiver. In doing so, the application must include: A Statement of Adequacy - The evaluation of the existing roadway and waiver will need to include a clear statement that finds that the road will be adequate for the proposed use. This statement must be signed by a professional engineer qualified in traffic engineering and licensed by the State of Colorado. To support this evaluation, the following information will be required to be provided: o Geometry of the road – A description of how the private road does/does not meet the design standards in Table 7-107. This should include a chart that compares the private road design to those standards in Table 7-107, as well as a map that shows the existing road design and highlights those areas that deviate from the standards. A narrative may also be helpful in describing the characteristics of the road as they compare to Table 7-107 design standards. Unless available, this is not intended to imply construction - level drawings. o Safety/Structural Issues – A description of obvious safety and/or structural issues observed and a statement about how these issues will be addressed. o Maintenance – A description of how the road is and/or will be maintained. This should be sup ported with the submittal of any existing or proposed maintenance agreements for the road sections. o Travel Demand – An accurate count of the existing peak trav el demand as well as the Average Daily Traffic on the road. This should also include the types of vehicles that currently use the road as well as the additional amount and type of traffic that the proposed use will generate through all phases of its development. Other Evidence of Compliance. In addition, Sections 7-107.A, B, C, D, and E are required to be addressed, which includes documentation about legal access. Sufficient evidence will be required to be submitted to demonstrate compliance with these sections of the Code. Att-A, p.11 of 12 r 12 Att-A, p.12 of 12 cf! Garfield County I PAYMENT AGREEMENT FORM GAR FI EL D COUNTY ("COUNTY") and Pr ope rty Owne r ("APPLICAN T") ___________ _ ----------------------------------agree as fol lows: 1. The Applicant has submitted to the County an application for the following Project: ___ _ 2 . The Applicant understands and agrees tha t Ga rf ield County Resolution No. 2014-60, as amended, establ ishes a fee schedule for each type application, and the gu idelines fo r the administration of the fee structure. 3 . The Applicant and the County agree that because of the size, nature or scope of the proposed project, it i s not possible at th is time t o ascer t ain the f ull extent o f the costs involved in processing the application. The Appl i cant agrees to make payment of the Base Fee, estab li shed for the Project, and to thereafte r pe r m it additional costs to be b i lled to the Applicant. The App li cant agrees to make add itional payments upon not ification by the County, when they are necessary, as costs ar e incu r red. 4 . The Base Fee shall be in addition to and exclusive of any cost for publicati on or cos t o f consulti ng service determined necessary by the Board of County Co m m iss ioners for the cons ideration of an appl ication or additional County staff ti m e or expense not covered by the Base Fee. If actua l recorded cos ts exceed the i n itial Base Fee, the App li cant shall pay additiona l billings to the County to r eimburse the County for the processing of the Pr oject. The Applicant acknowledges that all billing shall be pa i d pri o r to the final consideration by the County of any Land Use Change or Division of Lan d. I hereby agree t o pay all fees re la ted t o this applicat ion : Bil li1t!l Cun l ctc l Pe1su11: _________________ Phu11e: ( __ ) ________ _ Bil ling Con t ac t Address : ______________________________ _ Ci ly: _____________________ Slct le: ___ Ziµ Cude: ______ _ Bil ling Con t ac t Ema il: Pr inted Name o f Pe rson Authori zed to Sign: (Signature) (Date) Attachment-B, sheet 2 of 2FOGEL MINOR SUBDIVISION A Parcel of Land Situate in the NWl/4 of the SWl/4 of Section 30, Township 5 South, Range 91 West of the 6th P.M. County of Garfield, State of Colorado .-; \ S89'31'JS"W 116.67' --------------0 100 200 300 1-1 z 0 in > iS "' ::, (/) a: 0 z ~ ..., w ~ 5/28/21 21041-01 A B C Attachment-E, page 1 of 2. ··:· :~:. •.:. \ J.QKN :P:: < FE'.~RIS ' :AND \B:ARJ3AR.( 0 M.:: 'pERR is :, ·. . :J , . d~;:;a:d.P)~r\:~~i:5t ~iu\;a:rnt~ of .· .I. 1 vr-1:iiN • E.'. FoqEL ~ni bci~~i/(i?·)~6Gg( . I I ·. v.'ho~eleg11iaddre;si~ . J 12 .'~So. i'fenway: :, .. ·· ... · .· ... · ii ·:casp~r. Wyoilit~g >8260l • , ... ··.·:. : \ilyo~f~g ·· . ,· ........... ·. I! ofthe . ---.--:-: 'doi~tyof . Natrona ... indStateof<t'oi'./r/44 ✓;~fth~s~c~ncipa~t:: . ii . ·• \\;.fTNESSETH,'•tha.rth~\aid pa'rt les .:~r the fir~t µhrt, fo~and ih c<inside~atiori otthe ~u'rn of> ,· ·l l--.• J 'c:.i .. ,:.-"'.'.~Sixly Thou ·s ·and 'and no)ioo-~:; __ :.._~_::.-:.:.~~:.--O::-:.:._:. __ ,...:,_;:_:.:::.~_;:;;-:. . i . ·. to th~ said 'part . i'EiS<if the first part in han'd phid uy th~ said p~;ties or'the ·se~ond p·~i"t;the r~ceiptwhercof is hf.!r~by . i confoss~d and ackn~\\;iedg~d. have grarited;.bar~airied, ~old and cbnveyed, ~nd by thes~pre~ehts d<i. ' : . . . . .·. I ! .grant, bargain, sell, coriv1iy and confirm urito. tn·e ·s!lid. parties or:the second part ,their heirs ari·d assigns fore\•er, n.<:ifi 'n . ·. l~nancyin c~~inon but i~ joi~Uenancy, all the roi'1~wirig descrio~d lot or parc~i ,· ~f lnn4, 'sit~nte,iyin1F~i:id bei~g'\~ • . !I the ' County of . Garfield ~ndStateofCo!Qrado,towit: 11 .. . ... See EXHIBIT "A'' attached hereto and fanning a part hereof :• [·i . . . !! al~!) known as 'str~:.era'nd :11~i11bei-: ;ac~n( lahcl l! ;, ·ii · . TOGETHER with ·.al[ and 'singt1liir the "1ie1:etiitanie~ts· /\~.d appur.tennnces thereunto belonging,· or in .· anywise .. appertaining, the r~\·ersion and re~~~sioris, i-~inai~dei-a~d ~em~indefs,re;~ts; is~~~s and profits thereof; ~nd ~11 the. ~sta.te, rfglit; tiUe, int~resi, clalrri nnd de~ar1il ~vJiat~o~ver ~f the said ~art i es ~f th~ fii·st p~;•t; either iri . liiw~/ .· . eq.uity, of; in rind to the above bargained premises, with the li~rtlditamerits aild appui·tenances . · · · ' ... · . . 1··.· TO .HAVE AND TO HOLD the siiicl pr~mises above bargained and described, \~ith tl;e ~pp.u1'tennnces; unto the I said parties 6f the secun<l port; tlieir heirs .and assigns for~v .cr .. And the said pa.l'ti es of the first part, for them · 1 · sel Ve~ their heirs.executors, ani:l administrators do .covena1it, grant, liargni·n and agree to and with th~ · i said parties of ttic second part, their heirs and a;sign~, tha; at thc .·time of the · en sealing. !lnd deiivery of ·these 1·1 presents .. ar.e well sei~ed of'thc pr~mises abo\'e co1weyed ·, as of good, sure, perfect, ubsolut,!' and indcfe~sible· ,, estate of inheritance, ii1 law, in fee sim1>le, uncl ha Ve ·good right, full power and ·Iawful authority to grant, ba~gairi ,· ·,. ·. sell and con~ey tlrn·same .in manner and form aforesaid, and that the same an• free _~nd · clear from all former antl . I ·. other grants, bargarns, sales, hen·s, taxes, assessment and e.ncumbranc~s of whatever kmcl 01' nature soever .. E~CEPr,, !·· :· .taxes and assessments for . the year 1983 .. And EXCEPT, U. S. Patent, restrictions p and any and all prior mineral reservations of record. And EXCEPT a first Deed of ii · Trust in favor of The Fed_eral Land Bank of Wichittl: which Lyman E. Fogel and** / and fhe above bargained premises •in .the quiet and peuc·e11blc posses~ion of the suid partic~ of the second part, ·their ., l heirs and assigns, againsl'nll and every perso.n or persons lnwfull.i• claiming or to claim the whole 0_1'_a_1·___ . i the.said part i es of the first part shall and wil .l WARRAN ·l· AND FORE VE EFENDU:.. jl IN WITN.ESS WriEREOF the ,aid part i es hereunto ett ei Yh .. an·d i.l . seal S· the day and yearfirst above written , ·Ii . \ :! 1! .. Signed, ~.ea led ,llld Delivered in the PrP.sence of .. . -· N p·· rnmrs!---'---. . . [SEAL] ·1··,,1 *~:.::~~~-~~:~~ ag~ee to ass~m~-------> ~J,,~/'.?tz fd ;/1/ ~~ :~,l / . )A, L· J•·· . (_;ef11'1f£"A]f1~FERRTi-:LL.~~~~j . ! ---~~---·-·-----· , .. ,,: .... : . l ... --------------'-'~-iSEALJ ·i !: s:i'ATF: OF COLORADO ··i · . . ~-. ,· ss: . .:._.:._, • · c ·.t ···r Garfield -'---'-c-~·---'-oun yo .. . . i.i .· · : The.foregoing instni'ment was acknowledged before me this ·lstdayof July i! 'i$3,b:; John P. Ferr1s and Barbara M. ferris 1 ; ii Attachment-E, page 2 of 2. . . f300X . 630 PAGE2tii EXHIBIT ''A" A parcel of land situated in Lot 3 of Section 30, Township 5 South, . Range 91 West of the Sixth Principal Meridian, Garfield County, Colorado, beingmore fully described as follows: . . . . . Beginni-ng at a: stone found in place and. properly marked for the West Quai'fer Corner of . said Section 30, thence North 89°37 1 30 11 East · · 764.13 feetalong the northerly line of said _Lot 3; thence .South 01°26 1 00 11 East 950.01 feet; thence South 89°31 1 15 11 West 116.67 feet; thenceSouth 00°22 1 40 11 .East 361.61 feet, more or less, toa point on the southerly line of said Lot 3; thence South 89°31 1 15 11 \4est along t~e southerly line of said Lot 3~ 664.46 feet, more or less, to a point on the westerly line of said Lot 3; thence North 00°24'0011 West along the weiterly line of said Lot 3, 1312.87 feet, more or lesi to said Quarter Corner, the point of beginn :ng . Together with a non-exclusive easement and right-of-way for access and utility purposes. over and across the northerly 35 feet of said Lot 3 and the easterly 35 feet of said Lot 3 northerly fro~ the intersection of the county road known as Ingersoll Lane with the East line of said Lot 3. Attachment-F, Page 1 of 12 Land Title GUARANTEE COMPANY WWW .LTGC .COM Att.F, p.2 /12 Att.F, p.3 /12 Land]t le' {";l.111.Ri\.NTE:E CDfl.1Pilllh:V Att.F, p.4 /12 AMERICAN LA D TlTLE A SOCIATION Att.F, p.5 /12 Att.F, p.6 /12 Att.F, p.7 /12 Att.F, p.8 /12 Land]t le' {";l.111.Ri\.NTE:E CDfl.1Pilllh:V Att.F, p.9 /12 Att.F, p.10 /12 Land]t le' {";l.111.Ri\.NTE:E CDfl.1Pilllh:V • • • • • • • • • Att.F, p.11 /12 Att.F, p.12 /12 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South, Minneapolis, Minnesota 55401 (612)311-1111 By President Attest Secretary Attachment-G, page 1 of 4GARFIELD·. COUNTY; COLORADO RESOLUTION NO. 79-106 WHEREAS, Norman Hammar has .petitioned the Board of of Garfield County, Colorado, for an exemption terms "subdivision" 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 divisiion of a 40.28 acre tract described as follows: Lot 3 of Section 30, Township 5 South, Range 91 West of the Sixth Principal Meridian into 3 tracts of approximately4.74, 12.92, and 22.38 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: A parcel of land situated in Lot 3 of Section 30, Township 5 South, Range 9l ~Jest of the Sixth Principal Mer.iciian, Garfield County, Colorado, being more fully described as follows: Beginning at the Southeast Corner of said Lot 3; whence the Northwest Corner of said Lot 3, being a stone found in place and properly marked for the West Quarter Corner of said Section-30 bears: N. 45°47'17" W. 1866.76 feet; thence S. 89°31'15" W. 664.45 feet along the Southerly line of said Lot 3; thence N. 00°22140" W. 361.61 feet, thence N. 89°31 '15" E. 116.67 feet; thence S. 77°42'20" E. 561.55 feet, more or less to a point on th-e Easterly line of said Lot 3; thence S. 00°21124" E. along said Easterly line, 237 .45 feet, more or less, to the point of beginning. The above described parcel of land contains 4.74 acres, more or less . Tract B: A parcel of land situated in Lot 3, Section 30, Townsh,ip 5 South, Range 91 West of the Sixth Principal Meridian, Garfield County, Colorado, being more fully described as follows: Beginning at the Northeast Corner of said Lot 3; whence the West Quarter Corner of said Section 30 bears: S. 89°37'30"\L 1329.90 feet, more or less; thence S. 00°21124" E. 1073.00 feet; thence N. 77°42'20" W. 561.55 feet; thence N. 01°26100" W. 950.01 feet, more or less, to a point on the Northerly line of said Lot 3; thence N. 89°37'30" E. along said Northerly lin~; 565.77 feet to the point of beginning. The above describ~d parcel of land Att.G, p.2 /4. , BOOK . 535 ~AGE3J_0 ·contains 12.92 ~cres, more or Jess. Tract C: A parceLof land. situated in Lot 3 of Section 30, . . . . . Township 5 South, Range 91· West of the Sixth Principal Meridian, Garfield County; Colorado, being more fully described as follows: Beginning at a stone found in place and properly marked for the West Quarter Corner of said Section 30, thence N. 89°37'.30" E. 764.13 feet along the Northerly line of said Lot 3; thence S. 01°26100" E. 950.01 feet; .thence S. 89°31 '15" W. llfi~67 feet; thence S. 00°22'40" E. 361.61 feet, more or less, to a point on the Southerly line of said Lot 3; thence S. 89°31 '15" W. along the Southerly line of said Lot 3, 664.46 feet, more or less, to a point on the Westerly line of said Lot 3; thence N. 00°24'00" W. along the Hesterly line of said Lot 3, 1312. 87 feet, more or less to said Quarter Corner, the point of beginning. The above described parcel of land·contains 22.38 acres, more or less. WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Cammi ssioners of Garfield County, Colorado, that the proposed division does not fall within the purposes of Part l, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason that the impact created is not large enough to proceed through the full subdivision 'review process; and 1-IHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reason-able probability of locating domestic water on each of said tracts, that there is adequate ingress and egress to said tracts, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is not part of an existing or larger development and does not fall within the general purposes and intent of the subdivision regulations of the State of Colorado and the County of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and "s ubdi vi ded land" as set forth in C.R.S. 1973, 30-28-101 (10) (a)-(d), as amended; WHEREAS, the division of the above described tracts "A", 11811, and "C" from the above described 40.28 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A", "B", and "C", all as is more fully described above, and said divided tract may be conveyed in the form of such smaller tracts without further compliance with the aforesaid subdivision statutes and regulations; .provided, however, that this exemption is granted on Att.G, p.3 /4.. , .. agr~ement of the . . cins be a1 iowed 6~ said tract "A" a~d . . of coriveyance when recorded . THE BOARD OF COUNTY COMMISSIONERS .• OF GARFIELD. COUNTY, COLORADO B~~J · · Chairman Att.G, p.4 /4/" .. • !.J,. . ~ ,; f _:. \. " -.;_\: \; --1 ~ ~ C) \) 1-~ C)'. ~ \J ~ :;f _ ....... '. -~ ~ . r\j ' ~ / : .· ...... · ;;,,,-,),,110-r1,,..,.4-r.£ ~ot:ATn7K .. :o/. r,,,£ .£AST ,t~T£"i'/J/. or TN£ r,-9/{M£,<S ,r,<R1GrVno~ .01n:.h' .. ,. . _,. ... : ~-,:-;~-. l . . . . . . _/· ..... · : , ·.. . : ./·p~RCEL-/ . ··c --· 22 . .38 ~c.i. .. ·· .. ,·. ·: . ·.-: --. . .... ... . .. . . .. (-s·.,:.-,~ -~-~'. ~: '~-~~ ~ '' i-' ~ t\j "' f\J ~ () ~ r') <:) vj .. .. .,,. .,-. C " Al.,. s A°f,3',4~ _,,T,.t rEua-/',,J..,f5/ic cA1,P J'.t::"T. _c ;s: /~II 0 = /);v6J..£ Pd./A/T.5 o/' ,I] ,r,r,-,LJi" ,µ,.,C _,;,JJ,.,., P.,.r .-.A:r/.Fl'UY ~if ,:,,,c ..L4,r :I AN'O ~.,_,,,.,,,:: ;?./E ,v,r.r.r.r-'l',t.j .L,,.,.,,,. 4/"' TK~ cu~,-,,,r ,'{,,,.)p, .•L'_ .:.: ~e "c::,u~ja:-y l~r.es for thi~ su!"vcy of Wt J, Sectio:i JO, .. ':--..:::::;:-:ip 5 ~::::.::.h, ::2.Tlf:e 91 \iest .:er-e es-t.ablls:ie<l f:-:J:-:i t.~e exis:.ir.G ··'---c · ... -..... •c .... C:J-"'0.,.. ~'--p .,..c_ .. _.,....,~~-.... 01-t-..r. c:-t"·· • ::-ti __ ..__. '1.-r--1.. --··--• v~J ......... J...,, __ .. __ .. ,_...,_, .J....: ..J0ll •. nCSl. -.Jee 0!1 , ·: ::-::c::-o: s:::.c: '.:c:t::Jr. JO, o.s s:-.:J;.,·;1 on t)~ts r-'l.p, a.:id fr::·::-: the GLJ ?l~t d~:.c~ ~nc~~~cr 13 ·he:: "t:.i Jola::-o·:;!:c:::·.·a:~: . -•-...... -._ •~ ,.....---r,-.lr..,f, r,: .. ~•,: :-.: l!:2:h 7::c L::3: :--r; :-]!<'-t. N SCJ?L£: ' i' s· I 0 .:; · ~ --:\· ' ,..; -~·-· \ / ;nc.,5 = 200 j'E Verna SackriderVerna Sackrider2275 Meadow Circle, Rifle, CO 80650Attachment-H, page 1 of 4L6~ Garfield CtJUJl/J' I TI'11'.s form iJ to be cornp~ted ar.o·.submltteo witn aJ'liy app1',icmio.11.f or er tand Use Cfu;ing,e P,err, .it. r•.•liinerai riterests may be severe.<d frnm rurrace right int•er,ests: in re , pr.opel't';. C.R.S. ~-24-65.5-1-01 .. e~ seq, requires. ncitffication to min~ra~ owners when a land0ir'i11ie-r applies for a11s application fa, de,.-elopmen,t from a load government. As . .sLr·h, the >ndo•rNTie-r must research the: current owners o·t m;jneral inte,rem ~or !;:he, property. "rhe Gariied CoU1'1:i.y Land Use :o.nd De'l/elopment Code of 2013 (,.WDC'') .Section •4-'101{E)[l}ilb)i4) requ'ires: wr:rtten notice to•O•VT'IIC'rs o mineral inter-asts in the subjectpr,operoF· in acoorda11Ce .• ..,ith C..FtS. § 24-65.5-101, e! seq, .-.·:a.s such owners can be• identified through the records iri the office: •::i the erk. and Re-·corder or k..,s.esscf", c,r through othhe,en,tire mintral estate re tive to the:subject property; ,o:r :h the ~or-~o Re-/ eel St:atut-es and the LIJDC. The-under.signed applicalilt certifiti that mineral OIJiltwrs h;1te :been resear.ched for the subject pr,operty as. r,eq1.1ired pqArsuant to-C.R..S.-§ 2.4-65 • .5-10.l, et seq, a.nd Section 4-101 IE}[1J(b}![4J of the Gamekf County Land Use and Develo_p{ll"lent Code., as amended. As :a result of th&t -re.search, the .undersigned applicant c.ertifie-s: the follov..ting ,(Please irtJtml oo the-blank line next to the .statement that aauratelr reflects· th.e 1ejuJt of reseo.rc.h}~ _2(_ I own 50% of tha:-er ti re mineral ,estate re cJtive to the subjectr property; ba:: and L 50% of the entire mineral estate is owned by The names and a:ddre--SSf:s of an·,-:and a II mfr1e.ra Oi/.ners iden-ti ed ere ro,.•ided bel,::iw ~attach adldition-:1 I p:ages. as: necessan(:•: Name o-f Mi:n.eral O\vner Mailing Address. -of Minera3 Owner Lyman Fogel 501 Ingersoll Lane, Silt, CO 81652 I ac:knowledge I r-e'ltiewed C'.IR..S. § 24-65.5-101, et -s:,eq, :ailild I ;a;flJ'I in 00111p[ia111ce with sard statue and the LUO(,. This attachment to the Application for the Fogel Minor Subdivision follows the memorandum from the county attorney dated June 24, 2014 for Mineral Interest Research and documentation: This property – Lot 3, S30, T5S, R91W (all 40 acres) – was deeded to David D. Ingersoll and Geneva M. Ingersoll in 1962 [b342 p539]. This deed, and all previous discoverable deeds [reception#37639], had no reservation or indication of mineral ownership apart from the land, in any recorded way. The Ingersoll Family sold the property to the Schiefelbein/Hueser family in 1970 [b409 p353]. In that deed, David D. Ingersoll and Geneva M. Ingersoll reserved “one-half interest in oil, gas and other minerals”. Schiefelbein held half of the mineral interest and Ingersoll the other half. This is the first mineral interest evidence recorded. Schiefelbein/Hueser sold the property to Norman Hammar in 1974 [b462 p285]. That deed continues the reservation of “one-half of all oil, gas and other minerals” to Ingersoll. Hammar held half of the mineral interest and Ingersoll the other half. Norman Hammar subdivided the 40 acres of Lot 3 into Parcels A, B and C by County Commissioner Resolution No.79-106 in 1979 [b535 p309]. In this Resolution, there is no mention or indication of mineral ownership or reservations of any kind. One half of the mineral interest owned by Hammar follows the land ownership by default. Hammar then owned 50% of the mineral interest for each of the three parcels and the 50% Ingersoll reservation continued. Norman Hammar sold Parcel C of Lot 3 to John P. Ferris and Barbara M. Ferris in 1981 [b578 p519]. That deed has no mention or indication of mineral interests other than the back-page exception for “prior mineral reservations”. The 50% Hammar mineral interest for Parcel C went to Ferris by default. Ferris owned 50% of the mineral interest and Ingersoll owned the other 50%. Ferris sold this property, Parcel C of Lot 3, to myself and my wife Donna K. Fogel in 1983 [b630 p233]. Donna died in 2018. The only mention or indication of mineral interests in this deed is the exception for “all prior mineral reservations of record”. I own 50% of the mineral interest from Ferris, and Ingersoll owns the other 50%. There have been previous mineral leases for this Lot 3 S30 T5S R91W, AS FOLLOWS : First lease of record -- David D. Ingersoll and Geneva M. Ingersoll, November 1975 [b485 p952]. Released (blanket) 1991 [b804 p974] Norman L. Hammar and Cheryl A. Hammar, November 1975 [b485 p950]. Release (blanket) 1991 [b804 p974]. Note that this is the only recorded lease to Hammar. Geneva M. Ingersoll, January 1986 [b683 p845]. Released June 1991 [b807 p176]. I also had a mineral lease at about this time in 1986 [b685 p331]. I recall receiving about $200.00 for the lease. We just got a check in the mail with no other thought. The lease in my name was released in August 1991 [b811 p795]. Bud E.C. Sackrider and Verna L Sackrider, 2010 [reception#793022]. This is the most current lease of record, and a release of this lean was not discoverable. This is the Geneva Ingersoll family. Geneva died in 2002. Bud Sackrider is Geneva’s son, he died in 2017. Verna Sackrider is Bud’s wife, and she now lives in Rifle. It is most likely that Verna Sackrider is holding the 50% mineral interest for my Parcel C of Lot 3. I spoke with Verna, and she agrees that she owns half of the mineral interests here. Her address is 2275 Meadow Circle, Rifle, CO 91650. Page 1 of 1 Att-H, page 2 of 4 She was notified by letter in the mail (see next two pages) Att-H, page 3 of 4 April 18, 2022 To: Verna Sackrider 2275 Meadow Circle Rifle , CO 81650 From: Lyman Fogel 501 Ingersoll Lane , Silt, CO 81652 970-948-0600 lyman@fogel.org Ref: Mineral Interest Research and Notification For the Fogel Minor Subdivision application. Good day Verna, As you know , I am in the process of subdividing my ranch. A copy of the new survey is attached for your information. I'm selling Lot-B and Lot-C and keeping Lot-A. I'll build a small house and continue to live here . The subdivision process requires that I notify all parties with a mineral interest in the pending subdivision. After my extensive research , you , Verna Sackrider, own 50 % of the mineral interests in the Fogel Minor Subdivision. I own the other 50%. There are no other parties with any mineral interest in this property. The only requirement is that I notify you of this subdivision process. No response is necessary unless you contest in any way. Hope all is well with you and your new Rifle home , and as always , let me know if I can help in any way. Att-H, page 4 of 4 ' fr:::~~~ 11111111111111111 1111!111111111 ~ 1~111~11~ !\ir:~•o ?018 3090 0000 1816 2891 8 1050 R2307N153030-1' 7-101 Compliance confirmed. 7-102 Compliance confirmed 7-103 Compliance confirmed 7-104 Compliance is confirmed. All domestic water documentation is noted in “Box 13” of the Application. 7-105 This division is not applicable. (not a central system) 7-106 Excel power is in place for all three Lots. See “Box 17” of the Application. 7-107 A new driveway exists for Lot B. The driveway complies with “primitive” in Table 4-107 for future residential construction. See “Box 10” of the application. 7-108 This is not applicable 7-109 Fire protection is noted in “Box 17”. 7-201.A This is not applicable 7-201.B This is not applicable 7-201.C There is new livestock and wildlife-safe fencing. 7-201.D Compliance confirmed 7-201.E Compliance confirmed 7-202 Compliance confirmed 7-203 This is not applicable 7-204 This is not applicable 7-205 This is not applicable 7-206 Compliance confirmed 7-207 This is not applicable 7-208 This is not applicable 7-301 This is not applicable 7-302 This is not applicable 7-302 This is not applicable 7-304 Lighting standards are part of future building permits. 7-305 We are well equipped to plow and control snow. 7-306 This is not applicable 7-401 These items are applicable to future building permits. 7-402 This is not applicable for this Minor Subdivision. 7-403 Compliance confirmed. All property corners have permanent capped survey stakes. 7-404 School land fees will be paid upon determination prompted by this application. 7-405 Road impact fees will be paid upon determination prompted by this application. 7-5 and 7-6 are for other types of development. Neither are applicable. 7-701 ADU and secondary dwelling units apply to future building permits 7-702 thru 7-707 are for other types of development. None are applicable Divisions 7-8 through 7-12 are for various types of development. None are applicable. END OF ARTICLE 7 REVIEW. Attachment-J LUDC Article 7 review, by Division Number : 2/9/22 , 11 :31 AM qPublic.net -Garfield County, CO -Results OqPublic.net™ Garfield County, CO Property Results 0 Show Property Photos Account Number : Owner~ Property Address : ~ R200146 -J) MORGAN, MARTIN J &SHARON K 193 INGERSOLL LN ~ R200240 p DICE, TRAVIS J & KUE MMERLE-:-LAURA J 421250 COUNTY RD ---~ R200363 ARMSTRONG, HARVEY W & SUSAN 413 INGERSOLL LN ----~ R200365 /J FOGEL, LYMAN 501 INGERSOLL LN ~ R200419 P ZANG FAMILY TRUST 0 ~ R200714 LUEDKE, DENNIS A LIVING TRUST; LUEDKE , D 191 INGERSOL LN ~ p BUREAU OF LAND MANAGEMENT -?_ R200730 0 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 PrivaQ,1 PolicY. GDPR Privac.,, Notice Last Data U11load: 2/9/2022, 12:19:06 AM Version 2. 3.17 6 https ://qpublic.schneidercorp .com/ Application .aspx? Appl D= 1038&Layer1D=22381 &Page Type I D=3&PageID=9446# 8 Results City_:_ Map SILT MaP. SILT MaP. SILT MaP. SILT MaP. SILT MaP. I SILT .t:::!2P. SILT MaP. Developed by L ..._. Schneider .. ..,, GEOSPATIAL. 1/1 Assessor's Schedule No. R200365 & Adjoining Parcels Reference Map Created by : Lyman Fogel Attachment-M, page 1 of 2i R;i'OJftOFl.~APPLlCA.TIONONFARMER'S.IRRIOATIONCOMPA.WJUOHT-OF}WAY -~•afta•m•~==~~~A•====••••••m•===~~•==•••~==:====••+••cn~•== lNITRU<..."'TIONS : ~~m,•=~=~===~~~-=~;=•••===s~•~===~•===s•~;c=~~=••-t=~=~==== A.. Appliclnt. ©lllplett 91 detail the application infonnmon nquellad below (Ptlrt 2). ' It i'e11 m ASlociated 1:01tt. kt imlial deposit fea, payab~ to Iha Sib Water ~ 9istrkt, ftom tht. tollo,riag fee acheou1e must accornpaiy the initilll 11PPlicatioo. · i 1, S 100 for 11t 1mdetgoand crmsiJlg. 2. SlOe i>r l btidge . .If, alter a pnllminary review of the Plpplic:at.ion Si' Wlter CoJlleMllCY ~ (SWCD) dete~ U.. ~ t>f• Right-of-Use a inomnpatible with pnMtt or tbture •• of the 1nl and 1ba Right-of-Ua cannclt be !J'mted. die 1JtitW &I will be reND1ld iicce}i for S50 which will be retained by SWCD reproiia11 of its di1padtio~ of the R.ipt-cif-lJee Nqlllllll. No n,ftn1 wih be made fer any depolit" if the ~ rebel to acctpt 1he Ri='-Use after if ii otln114. Appbda Vt'ill be nquired to pay any 1clm¼N.stt11tive costs 'Which in in Mcea of the · depon for the pq,pmtion of the lligbt-oflJse as well ■ the value to the right gnnt«.i. · C. Plana and SpeciftcalWl11 nt D~. AU plau and apeci.ftcatiaul or other ibwhig,,r mmt be ~ befbre proceang can prooeod. lflUgbt-of-Uae applicaton i8 tot a bridge« other typee of~ stru.cturea. all plans and ~ fflOII! "-·ligned ..a naied by a prothN:icnal engineer lkonted by the Stale of Q.llcc,do. Exception requested for thl.s scope of work. . D. tailme to 111bmit Um requind fbe and tdeqaate infbm121ticn n,quired will ca1st delay in pteJtar~ tiJDI. a. Su~ applicadon ta: Silt WIiler ec..rvancy Oi.uict, J20 Sooth 1'1 Street, P. 0. Box 8. Sill Cqiomlo 81652. i p, n. Applictnt agrfll to indemnify and to hold S\l!C'D Mid Fmmer'lil Juipti1m Company (FJCOt=hsml• api1lll an claim• of fNefY chattcttr arising In c<meetion wilh the ccntmctton. o~ ini,peeuol\ ~ of the !il'Ucture. The APPliclllt further 8Afllet that an b1dfilll. Mhjn the easement "r right11 · , ,rm be of ~ DUieria1a in! OJ!\IOlidat.ed by ~ 111d with l!llitNtte moilllllre to obtain a ~ of 9~ compaction to cdginal Jt(lUnd JUrface Applicant specifically agrees to backfill requlrements1 q. The Applicant m'Ull ~ prQOf of an e1Nntlllt ~ IighL-of-way ft-cm the tmdtrlying feel 1~1) J !he Apptican1 dou not aw11 the JMd upon which &he :tfl1l1.1e&ted crosaing a1.d releted fealities are to belloclielj. Pct :2 APPLICATION lNFORMATION (To be ftlled oot amipletcly by applicant) ~~~=====;==~•~•••=••=======~c=~•••••••~~-~=••=a•••,;:=c~=~s l. Legal name, kldrea. .-id telephone number ofindividua1(11) m emly to wbolrt this license i• to~ J811UO, Lyman E. Fogel ' 501 Ingersoll Lane 970-948-0600 lyma,i@fogel.org Slit, C0812 z. Full legai mane and title of individual who will stan the RittJtt-of-lJae document. Lyman E. Fogel ; lo, Nam.a. 8'kir.. msd tol,~photte numb« of .mdMduef. in ~ tbr additional iJ1fomuitim, if' ¢the~# l, ! 1. Provide in the apace ·below a d.etailsd daa!riptim and/or sketch of tha propoud. uae of ~' '.t l.mgalion Compfll.Yriaht~f-wa.y. Includo ph~ dstaand dimai&ioru! mch • pJpe mes. line voltages, It anin&-etc, (A nun defaited &-awing llt plm maybe nqui1'ed upcin request. fbr ~"' the awnwed IIPP · · ) A plat of the property showing all easements ha& been submitted. ! ! Att-M, page 2 /2The permit is for an underground crossing and bridge. The bridge is configured with a six foot diameter 20 feet long CMP culvert with reinforced concrete block walls both sides of the waterway. The culvert is flattened to provide a wider base, and the invelit of the culvert Is 3 inches below the existing bottom of the waterway. The culvert will be bearing on 4" of concrete for it's 20 foot length, over re--compacted native soils. This concrete setting bed width will only support the culvert, 4xcept at the extensions under the bock walls, where the setting bed will extend the full width of the waterway. As well, the concrete setting bed will extend 16 inches deep laterally and one foot wide, hand excavated, into the existl~g ditch banks at both ends of the culvert, both sides (4 locations), for bearing of the concrete block side-walls ""hich will extend a minimum of 16" into the existing bank slopes, with hand-packed backfill to meet existing •lopes, all with attention to prevent erosion from waterflow. · The structural end-walls will be 8-inch standard concrete block, dry stacked, with all cells jconcrete-fllled with one #4 rebar dowel. The block-to-CMP joint will be grouted solid. The walls will be stablllzed !laterally with Miragrld 3XT geotextile fabric at each 8" block course, penetrating the entire block through the concrett/rebar fills, and extend( ng 4 feet into the "mechanically stabilized earth" backfill. The block walls rise to and define finish road grade, which is_abo~Jnches higher the the existing service road at the South side, with a 10% grade ,loping up to the North over the-canal. The Miragrld soil reinforcing wlll stop about 1 foot below finish grade. : The underground crossing will include 1.114" "Purcor" plypropelene water service tube fr~m the well source on Lot-A to a new yard-hydrant on Lot-B, under the culvert at 3 feet (Insulated) frost depth. Also In this trench Is a 1.1/4" pvc water line for Lot-A irrigation water from lower pond, and a 2" power conduit to ~he lower pond pump. It will be necessary to excavate into the South embankment and service road for this unda,ground water piping to provide a minimum cover of 4 feet for frost prevention. The backfill for the undergrounC, piping will be well-compacted as noted in Item F in the instructions above. The applicant (Lyman Fogel) agrf&s to pay for any professional scrutiny or testing of backfills that SWCD may require. : i ! s. l.ocalion·!Of propoNCl use: Sei:11.on _______ TCIWllllh[p __ .. Rqe, ____ Mtrlman__ ___ . j_A nwp or drlwitg:!howing the aw,roxim~location of the propoaed u11e, is reqnir11d . ..... ---.. ~-......... LengdL .;,f time wmch us& ii ~l _ Permanent lnataU!!Jon • Ttie District will detemune lime .u.:rwec1 bale<t on ittfl~lltion mbmitted. : 7. ~ date of commancM1111t of iltltal.lat.im M Soon M Posall>M ----· W~ e1111ru)t c:OJIOl!ICI' umil Right-of-Un ui lignad by the Silt Water Cdmemncy niarki:---· 8. ~ date of complltion --~-~~• ---------------· J certify tk. c'he i1foJJn.ltion si,ven ill. this applicatoo ill tnlA comp18f.e and correct to die best of my tno;'ltdge and f and i-s fivei1 in faith. t ttlao irndentand that no w.,.tt can coounence until I r~ceive a Rfght-of-Ute d¢il\ffllnt~ by 1be Wtter CQN!ervancy Di!ttict.. . i . M/,9/749~/ . Daiei 1 ,. SlOO, Ulld~ crt'Ss:ing. SlOO, .Btidge Attachment-N, page 1 of 6 Gmai Att-N p2 of 6fl Xcel Energy ® CONTRACT NO. 12342384 ON-SITE DISTRIBUTION EXTENSION AGREEMENT (ELECTRIC) This On-Site Distribution Extension Agreement (the "Agreement"), is dated as of October 14, 2021 ("Contract Origination Date"), by and between Public Service Company of Colorado, a Colorado corporation, d/b/a Xcel Energy (the "Company") and LYMAN (the "Applicant"). Applicant and Company are hereinafter sometimes referred to individually as a "Party" and collectively as the "Parties." This Agreement is subject to the Company's Electric Service Distribution Extension Policy (the "Policy") within Company's electric tariff(the "Tariff') and to the entirety of Company's Tariff, as amended from time to time, and such Policy and Tariff are each incorporated herein by reference. The Policy and Tariff are available for inspection at the Colorado Public Utilities Commission and on Company's website . Any capitalized term in this Agreement that is not expressly defined herein shall have the meaning set forth in the Policy or Tariff. This Agreement sets forth the terms and conditions for the design, construction, installation, and payment for the On-Site Distribution Extension (as defined herein), including without limitation the calculation of the Construction Payment to be paid by Applicant. Subject to the exceptions set forth herein and in the Policy and Tariff, the cost responsibility of the Applicant will be based upon, as applicable: (1) standardized per lot costs of constructing and installing the facilities necessary to adequately supply service to single family and townhome lots requested by Applicant (average of sixty (60) feet or less frontage); and (2) Company's estimate of the cost of constructing and installing other facilities necessary to adequately supply the On-Site Distribution Extension (including but not limited to single family and townhome lots more than an average of sixty (60) feet frontage, non-standard load and construction requirements, and commercial facilities), less a Construction Allowance. The Construction Payment shall be non-refundable as of the date that construction commences. List of Exhibits Included Contingency List Yes Cost Estimate Worksheet □Yes 121 No Frost and Ground Thawing Agreement □Yes 121 No 1. Service. Applicant has requested and Company has agreed that Company will design, construct, and install the necessary On-Site Distribution Extension to provide electric service to serve 501 INGERSOLL LN in the City or Town of SILT in the County of Garfield in the State of Colorado ("Service"). Such Service will have the following characteristics: Cateeorv Annlicabilitv Type of Service 121 Permanent □ Indeterminate □ Temporarv Network Service □Network 121 Non-Network Voltage 121 Primary Voltage (choose one or both) □ Secondary Voltage Overhead/Underground 121 Overhead ( choose one or both) 121 Underground Phase 121 Single-Phase ( choose one) □ Three-Phase □ Combination Single-and Three-Phase Additional Characteristics □ Electric Vehicle Charging Station(s) ( choose any as applicable) □ High Density Load □ Street Lighting □ Solar □ □ □ On-Site Distribution Extension Agreement (Electric), Version March 30, 2021 Page 1 of 11 Att-N, p3 of 6 ~ Xcel Energy ~ CONTRACT NO. 12342384 The Parties acknowledge that, if Service includes the provision of Street Lighting, such Service is also subject to, without limitation, the requirements of the Street Lighting Extension Policy. 2. Service Class of Applicant. Applicant [□ is I 181 is not] a Governmental Entity. In accordance with the Policy and the Tariff, the Applicant shall accept Service under the following Service Class(es): SERVICE CLASS APPLICABILITY RESIDENTIAL Schedules R, RE-TOU 181 Schedules RD, RD-TDR □ COMMERCIAL/INDUSTRIAL Schedules C, NMTR □ Schedules SGL, SG, SST, □ STOU, SPVTOU, SG-CPP Schedules PG, PST, PTOU, PG-CPP □ STREET LIGHTING Schedule TSL MSL, MI □ Schedule RAL, CAL, PLL, SL, SSL, SLU □ Schedule COL, ESL □ 3. Associated Agreements . Except as expressly set forth in this Agreement, this Agreement does not encompass any engineering design, facilities , costs, or payments that may be specified in the associated Off-Site Distribution Line Extension Agreement, the Residential Service Lateral Agreement, or the Commercial Service Lateral Agreement that may be entered into by the Parties and that are associated with the provisions of Service hereunder (collectively, the "Associated Agreements"). The Parties acknowledge that such additional engineering design, facilities , costs, or payments specified in the Associated Agreements may be necessary to fully effectuate the provision of Service contemplated herein, and the engineering design, facilities, costs, and payments with respect to those Associated Agreements will be calculated and contracted for separately from this Agreement. 4. Engineering Design of On-Site Distribution Extension. To the extent applicable, Applicant has submitted to Company an approved final plat of the subdivision contemplated hereunder, which subdivision has been approved by the local government entity with authority to approve the final plat. Based on the information provided by Applicant, Company has completed an engineering design and cost estimate to construct and install the facilities necessary to adequately supply the requested On-Site Distribution Extension. The facilities described below do not encompass any engineering design or facilities identified in the Associated Agreements. Company's engineering design for the On-Site Distribution Extension includes the following : Category Project-Specific Information APPLICANT-PROVIDED INFORMATION* Number of Single-Family or Townhome Lots with an average 0 of sixty ( 60) feet or less of frontage (Standardized Lots) Number of lots/facilities with non-standard load and construction requirements (e.g., commercial facilities, single- family or townhome lots with an average of more than sixty 2 (60) feet of frontage, three-phase service, extensions exceeding three hundred twenty (320) amps , compaction, and/or boring, etc .) (Non-Standard Lots) Number of Street Lights (if any) 0 On-Site Distribution Extension Agreement (Electric), Version March 30, 2021 Page 2 of II Att-N, p4 of 6 ~ Xcel Energy ~ CONTRACT NO. 12342384 Category Project-Specific Information Point of Interconnection between Off-Site Distribution Line NA Extension facilities and On-Site Distribution Extension facilities (if applicable) ADDITIONAL CIRCUMSTANCES** Distribution Reinforcements (if any) NA Excess Facilities (if any) NA ATO/MTO Dual Feeder Service (if any) NA Other Considerations/Special Items (if any) NA * Details for each individual single-family or townhome lot contemplated under this Agreement, including individual lot frontage widths, and for any non-standard project elements, may be provided in the Cost Estimate Worksheet. ** Additional considerations for the following special circumstances, including cost calculation requirements, are set forth in the Policy and Tariff: Distribution Reinforcements; Excess Facilities; and provision of ATO/MTO Dual Feeder Service. Such additional circumstances may require execution of additional ancillary agreements. Applicant acknowledges that, in the event that other utilities or facilities will be installed jointly with the On-Site Distribution Extension, Applicant shall arrange for the installation of and payment for any such facilities with the local telephone company, the local cable television company, or any other utility company, as applicable. 5. Construction Obligations. Applicant shall comply with all Construction Obligations, as those obligations are set forth in the Contingency List. The Agreement and all Associated Agreements are contingent upon acquisition of all required permits and approvals, as those permits and approvals are set forth in the Contingency List. 6. Estimated Construction Cost. a. In General. The estimated cost of all facilities necessary to construct and install the On-Site Distribution Extension is calculated in accordance with the Policy and the Tariff(the "Estimated Construction Cost"). The Estimated Construction Cost may include, without limitation, the estimated cost of all materials, labor, rights-of-way, trench and backfill in non-rock conditions or in known rock conditions, permitting, and tree trimming, together with all incidental and overhead expenses connected therewith. "Trench and backfill in rock conditions" shall include any construction activities that require the use of special construction techniques or special equipment. b. Special Provisions for Reinforcement. Where Distribution Reinforcement is required for serving an existing customer's electric service from Company, Company shall make such Distribution Reinforcement as follows : 1. for a Residential or Small Commercial Customer that receives service under a rate schedule which is not based on Kilowatt Demand, relating to the Customer's total load requirements, other than a High Density Load, Company may make such Reinforcements at its expense. 11. For all applicants that receive service under a rate schedule which is based on Kilowatt Demand other than a High Density Load, such Distribution Reinforcement shall be an Off-Site Distribution Line Extension where the Construction Costs shall include the Company's cost to reinforce the system necessary to serve Applicant's total load and the Construction Allowance shall be based on the difference between the Applicant's current maximum Demand over the previous twelve (12) months and Company's estimate of Applicant's projected total load. On-Site Distribution Extension Agreement (Electric), Version March 30, 2021 Page 3 of II Att-N, p5 of 6 ~ Xcel Energy ~ CONTRACT NO. 12342384 m. Where Distribution Reinforcement is required to serve a High Density Load Customer that in whole or in part with another High Density Load Customer causes system capacity to be exceeded or Company's facilities to be overloaded, the Customer shall be required to pay Company the necessary costs for the upgrade or Reinforcement needed to correct the condition . iv . Where Distribution Reinforcement is required for serving new applicants for electric service from Company, Company may make such Reinforcement as part of a new On-Site Distribution Extension or Off-Site Distribution Line Extension where the Estimated Construction Cost shall include Company's cost to reinforce the system as well as new Distribution Extension Facilities necessary to serve Applicant's total load and the Construction Allowance and Off-Site Distribution Line Extension Credit if applicable shall be applicable to the total Estimated Construction Cost. v . For conversion from single-phase to three-phase service and all other classes of service with Kilowatt Demand based distribution portion Construction Allowances, any required Reinforcement shall generally recognize the Construction Cost, Construction Allowance, and Off-Site Distribution Line Extension Credit if applicable for the applicant's additional load and applicant's Construction Payment provisions of the Policy in accordance with individual agreements between the applicant and Company based upon the amount, character. and permanency of the load. For purposes of this section, all Reinforcement for land development shall be considered non-residential and the land developer shall be responsible for Reinforcement costs. c. Special cost calculation considerations affecting the total Estimated Construction Cost, including for any Reinforcement, Excess Facilities, ATO/MTO Dual Feeders, and Uneconomic Extensions may be included in the Cost Estimate Worksheet, and additional terms and conditions are provided in the Policy and the Tariff. Line Category Addendum Estimated Cost Needed? 1 Standardized Per Lot Construction Costs $ 0.00 (0X$2,511.00) 2 Cost Estimate Worksheet for Non-Standard Lot Yes □ No 121 $17,370.03 Construction 3 ESTIMATED CONSTRUCTION COST (Sum of Lines 1 & 2) $17,370.03 7. Calculation of Construction Allowance and Street Lighting Construction Allowance. a. Construction Allowance. The terms for the award of the Construction Allowance, if applicable, are as provided for by this Agreement, the Associated Agreements, the Policy, and the Tariff. The Construction Allowance is calculated on a per customer or per kilowatt demand basis, and such amounts for each of the various classes of service are listed in the Policy on the sheets entitled Construction Allowance by Service Class . The Construction Allowance shall be applicable to applicants receiving service under a Standby service schedule and shall be applicable up to the Distribution Capacity, as set forth in the applicable Electric Standby Service Agreement. The Construction Allowance is not available if Indeterminate Service or Temporary Service is designated (see Section 1 above). To the extent applicable, the calculation of the Construction Allowance is as follows: On-Site Distribution Extension Agreement (Electric), Version March 30, 2021 Page 4 of II Att-N, p6 of 6 CONTRA CT NO. 12342384 . ppl i ,;,,1 ,1 l1'i:1S r-1:,y ,.r,1,.-,,1 and approved the ten ns and cond ition s of this ()n -Site Distribution Ext~:nsion Agr eement , :il of 9ic ) ~rl .'ilA;'.':pv.: u1e cost of the _Co?stru ctlon Pay~ent of $1:,230'.0~ as calculated in Secl;io~ 8. A~plicant ,r.,·11.i !?~O dif .a\!911:t1 :~nt l -;j1ar ges may anse tn acc ot ·dance with the Policy, Tanff, and Agreement. Applicant will send \1 /¼:)111,~1 qcll' nm1r,i1J;lil ~igned copy of thi s Ag11eament together with any a pplicable ancillary agree 1nents, Associated t ©t'..i,'~Jirt',i~\~;, Gf Jil Ci (:u)n•~r'Jts, as applicable . October 14, 2021 [N \V:rrr riss ·,~~(I(JU OF, duly authorized re1;1 resentatives of the Parth!s have executed thi s On-Site Distribution E,:tt<m \n1 A~r~l~J:l'l#11I ('f~kotric) . ... .,._."l"'t"~ ... ,..:..,....,...,..,v' .. _,.,....;;_,.,..,.,_.,----------------------------.... _____ _,, f ___ ...., ______ ,,_,..,..,_ ..... "-"-.,------~c ... 0 ___ 1..,.a:,ir..::.::::....:R~ei:::r:..::e:.::.se::;.::nc:.:t~at::=.iv..;,.;e::..· .... · ,----------.--------! I: Mailing add re1>s: I: • Pri nt Na1:11e: fuw.l!¼....U!!:U-1 Wakefield Xcel Energy 1995 How ard Ave Rifle , CO 81. 11 50 Phon e: 970 -~~5-6028 Emai l address : Sam ,1ntha.l.wakefield @xce lenerg y.com -----.-.i.,....._._ . ..:--------· L.,~-·--·'"'•'-----,.......---------...,_.....;:.;A~.:;;.li:.:;.c;:.;;an:;;.;t:.....,..._~~--------,-------1 1 1 Mailing addre ~s: ' i Ti!:le: I _bw fa~!:k_ _(<_ __ ........_.,, LYMA N <:~ompany Authorization Name: Sarah D' icau Title: ~fa nage Di-s tr·Hmtion Design · SignatuJr~: Sarah Darricau Digitally signe d by Sarah Darri ca u Date : 2021 .1 0.1 (J 08:28: 19 ·06'0(1 '· ~Date: ·-·-.. ..,.,, ... ,..., _ . . . _ . . [SIGNATUftE1~.4 GE TO ON-SITE DIS l'RIB UTI ON EXTENS1ON AGREEMENT (EtECTRIC)] On -Si te Di stribution Exte,nsior1 Agre ement (Electric), Versioti Ma rch 30, 2021 Pa ge 11 of 11 List of Attachments for Well Application Form 45, Lyman Fogel for Fogel Minor Subdivision Attachment A -- 600 ft judgement Attachment B -- Existing Deed and legal description Attachment F -- Hammar resolution with 1979 survey Attachment C -- Plat of Fogel Minor Subdivision, showing the three parcels serviced with this well. Attachment D -- Current West Divide Water Conservancy District augmentation contract. Attachment E -- Deed to Hammar Spring and Pond, DWR.Div.5 Case#W-2772, [Form-45 Attachment A. page 1] BEFORE THE STATE ENGINEER, STATE OF COLORADO VAN t( 2010 WATE~ RESGt!i~c~ _C_A_S_E_N_O_S_. _0_9-_S_E_-0_3 ______________________ s_tA_T€~ct~8iN,.Jrt?I'< FINDINGS OF FACT, CONCLUSIONS OF LAW AND INITIAL DECISION OF THE HEARING OFFICER IN THE MATTER OF AN OBJECTION TO AN APPLICATION TO CONTRUCT A WELL LOCATED LESS THAN 600 FEET FROM AN EXISTING WELL LYMAN FOGEL, APPLICANT A hearing in this matter was held on October 14, 2009, at the Centennial Building, 1313 Sherman Street, Denver, Colorado. In attendance was the Applicant, Mr. Lyman Fogel, Mark Vanarelli (in person) and Dwight Whitehead, (by phone), representing Staff for the State Engineer. Objectors, Harvey and Susan Armstrong, through their attorney, Nicholas W. Goluba, were not in attendance, however, they did file a prehearing statement setting forth their position in the matter. The Objectors' original objection along with their prehearing statement, are admitted into evidence. The Applicant's prehearing statement and Exhibit 1 (attached to the Applicant's prehearing statement) are also admitted into evidence. Testimony of Lyman Fogel, Mark Vanarelli and Dwight Whitehead was heard. Having reviewed the evidence and considering the testimony, the Hearing Officer for the State Engineer hereby enters the following Findings of Fact, Conclusions of Law and Initial Decision: Findings of Fact 1. A well permit application to extend the use an existing well with Permit No. 153464 was received from the Applicant on February 23, 2009. The application was assigned Receipt No. 9503205. 2. The application was returned to the Applicant on March 19, 2009, for additional information and resubmitted on April 3, 2009. 3. The existing well is located in the NW¼ of the SW¼ of Section 30, Township 5 South, Range 91 West, of the 6th P.M. at a point 2,613 feet from the South section line and 600 feet from the West section line of Section 30. The well is currently permitted pursuant to section 37-92-602(3)(b )(ll)(A) as the only well on a residential site of 22.4 acres with the uses limited to fire protection, ordinary household purposes inside a single family dwelling and the watering of domestic animals. The maximum pumping rate for the well is 15 g.p.m. 4. Under the new permit the Applicant proposes to apply water diverted from the well for household use inside 7 single-family dwellings as well as 10,000 square- feet of home garden and lawn irrigation. Domestic watering of five head of livestock is also proposed. 5. These uses are not exempt pursuant to 37-92-602 and the Colorado River system is over-appropriated, meaning that at some or all times of the year, the water supplies of the stream is insufficient to satisfy all of the decreed water rights senior to an appropriation by the Applicant. [Form-45 att.A.2]Findings of Fact, Conclusions of Law and Initial Decision Page 2 6. The Applicant has entered into a contract with the West Divide Water Conservancy District for 1 acre-feet of replacement water to off-set out-of-priority depletions to the Colorado River. 7. Because the well is not exempt, permitting of the well falls under section 37-90- 137, C.R.S. Section 37-90-137(2)(b)(I) states that no permit shall be issued unless the location of the well will be at a distance of more than 600 feet from an existing well unless the State Engineer, after a hearing, finds that circumstances in a particular instance so warrant, the State Engineer may issue a permit without regard to the 600 foot spacing limitation. 7 3 '7 2.. ti-""-~/ ;z./"fo,/b( 8. Staff determined an existing well with Permit No. 135102 was located within 600 feet of the Applicant's well and therefore, notified the Objectors of the application. Objectors filed a timely objection. 9. The testimony and evidence indicates the following facts: a. Applicant's well, as well as the Objectors' well, are located in the Wasatch Formation, an inconsistent hydro-geologic formation. b. The Objectors' well is the only well within 600 feet of the Applicant's proposed well and therefore is the only well relevant to this proceeding. c. Applicant's well historically produces more water than the Objectors' well, which may be attributable to recharge occurring from the Hammar Spring and Pond as well as recharge occurring from surface water irrigation on the Applicant's property. d. Draw down from the Applicant's well appears to have a negligible effect on the Objectors' well. (See Applicant's Exhibit 1 and testimony). e. At full build-out the total number of units to be served on the Applicant's parcel is seven units. f. Lawn irrigation using water from the well would greatly increase the consumptive use from the well in excess of historic consumption patterns. g. Applicant has an adequate supply of surface water for all outside uses. Conclusions of law 10. The findings of fact inasmuch as they may constitute conclusions of law are incorporated herein. 11. The legal authority and jurisdiction for the hearing is found in section 37-90-137(2) C.R.S. 12. The hearing was conducted in accordance with Sections 24-4-105, C.R.S. and the State Engineer's Procedural Regulations. 13. Timely notice of the hearing was given to well owners of all wells located within 600 feet of the proposed well pursuant to section 37-90-137(2){b)(ll)(A), C.R.S. [Form-45 att.A.3] Findings of Fact, Conclusions of Law and Initial Decision Page 3 14. A timely objection was filed by Harvey and Susan Armstrong. 15. Notice of these proceedings was given and the hearing conducted in accordance with the provisions of the Colorado Administrative Procedures Act [Section 24-4- 105, C.R.S.] and the State Engineer's Procedural Rules, 2 CCR 402-5. Initial Decision and Order 16. The findings of fact and conclusions of law are included herein as fully set forth. 17. The Hearing Officer finds the testimony, evidence and circumstances in this particular instance so warrant that Staff may complete its evaluation of the subject application (Receipt No. 3614603) without consideration of wells within 600 feet of the proposed well in accordance with the other provisions of Section 37-90-137(2), C.R.S. as long as the following terms and conditions, at a minimum, are included in any final permit issued: a. The well must be metered and records must be submitted to the Division Engineer's Office on a yearly basis. b. Watering of lawns or any other outside uses with water from the well is not allowed. c. The maximum number of units that can be served by the well cannot exceed seven with a total of 8,000 sq. ft of living area. d. At no time can total consumptive use from the well exceed .50 acre-feet per year. 18. This Initial Decision and Order shall become the Order of the State Engineer unless an appeal is filed within 30 days after service of the Initial Decision. Such an appeal must be submitted to the State Engineer, and copies shall be served upon all Parties. Dated this 15th day of October 2009. Joseph (Jody) Grantham, Hearing Officer 1313 Sherman Street, Room 818 Denver, CO 80203 Telephone: (303) 866-3581 Facsimile: (303) 866-3589 E-Mail: Jody.Grantham@state.co.us Form-45, Attachment B, page 1.··.•·34.3626 :•• .·.:~7JJ}¥~4 ·.• .. ••a~)Afeco~de ·r. ·.·.·. i.l .··r ···.•.::···•····.-.Tl·· .. :.'.9•········H•;:s,_•··3$.· .. · ... :· ... :.n:·.··:.•·:··'e .. ·:.•.:.•t·.·:;····w•.E·····:·'·.-.··.e·,.·.a:····.e::·.···,n··R··.·.•·····.·.••:.M.··'· :'.,.~.~.•.·~.,.-.: :i.·.·l: .as· t" -~ . :".'''.'"-B2-= :': : •=-c ~u ~ 0 Jl i98 !;;;;;·.o'.~-.~;:;;~-~-=-_-·_--_-·-:::: I . u_ . Julr . :. ·. '':frohf<·:s.36 ;:piGE:233'·· I .. ··. •·b_'.b.~~ J,:: < FE'.RRIS' :AND \B-AR.BARA :0 M .:: .FERR rs ·•··, ·. . /j . doio;.~:d.i>)~r\:~~i?~t ~iu\;a~rnt~ or .· ·I •· lYM:AN E ... FOqEL~niDci~~;ft:•·K:·}6Gfjr I ·. v.'hoi<ele~11iaddre;si~ ' J12 .'~So. :·tenway '.:, .. ·· : .. · .· ... · ii · :cas·per, Wyoilitng > 8260) • ·· . ii ... · .. · · . , ... ·· .. ,.:viyainf _ng ·-.......... ···.·. . .. . I! ofthe · _.:__-___ 'do~·~tyof Natrona . . tiridSt~teofdoi'./r/4U;~fth~s~c~ncipa~t: ·, · · 1 · . ii .. : \\;.fTNESSETH ,'•t h~·fth~\aid pa'rt les :~r the fir~t ~hrt, fo~\nd iti .c◊niide~itiori otthe ;u"rn o(·,. '. . . ·· .. ·.· ·· ... (.\.'._ •. ·_:-( . ·ll · - . !") .· -~-.-~-.;~-~~. :... '?f~.1.·/, -T.hO~i's 'an.-~:r >·and :-n:6'/i 00-'.~-:;~ --~-~~:-.~ -.~~~ ... ~ :__. __ · .. ~ ~~-:. _·.~·~·:...;.:_:.; ::~-:~ ... ~·..; · .. P.9~.LA:~$(·:· ·. !l . ·. ..:... °' . . i .. to th~ said 'part . i ·es ~f the first part in han'd pnid by th~ said p~;ties or'the ·se~ond p'~i-t; the r~1=~iptW~ercof is hf.!r~by . i confoss~d ~nd ackn~\\;iedg~d. have granted;.bar~airied, ~old and cbnveyed, ~nd by thes~ pre~ehts d~. ' ; . . . . .·. I ! .grant, bargain, sell, coriv<iy ·and confirm urito. tn·e ·said parties or:the second part ,-their heirs ar-.°d ass igns fore\•er, n.<:i.t:i'n .· ·. l~naricyin c~~inon bu t i~ j oi~Uenancy, all the roi"1~wirig describ~d lot or parc~i ,· ~f lnn4, 'sit~nte,iyin1F~i:id bei~g\~' .!/ the ' County of . Garfield ~ndStateofCo!Qrado,towit: 11 [·i l! ;. ·ii · .. . ... See EXHIBIT "A'' attached hereto and fanning a part hereof •· al~!)known as :str~:.efa'nd11~1~be i· : vac~n( lahd .. TOGETHER with ·.a1r ·and ·singt1liir the ·1ie1:editanie~ts· /\~.d appur.tennnces thereunto belonging,· or in .· anywise .. appertaining, the r~\·ersion and re~~~sioris, r~irtai~dei·a~d ~em~inde;.s,re;~ts; is~~~s ii.nil profits thereof; ~nd ~II the. ~sta_le, rfglit ; tit[e, int~resi, cl~lrri and de~a r1il ~vliat~o~ver ~r'the said ~art i es ~f th~ fii·st p~;•t; either iri law~/.· . eq.uity, of;in rind to the above bnr1sairied premises , with the h~rtlditamerits aild appui·tenances . · · .. · . . 1 · TO .HAVE AND TO HOLD the snicl pr~mises above bargained and described, \~ith tl;e ~pp.u1'tcnnnces; unto the I .. said parties 6f the secunil part; tlieir heirs .and assig ns for~vcr .. And the said pa!'ti es of the first part, for them 1 · sel Ve~ their heii·s,executors, ani:l administrators do .covenarit, grant, liargai·n and agree to and with th~ · i ~aid parties of ttic second part, their heirs and a;signs, tha; at th</time of the · en sealing. and deiivery ·of ·these ·1·1 presents .. ar.e well sei~ed of"thc pr~mises abo\'e. coin-eyed ·, as of good, sure, perfect, ubsolut,!" and indcfe~sibl e· ,, estate of inheritance, ii1 law, in fee simJ>le, ancl ha Ve . good right, full power and "lawful authority to grunt, ba~gairi ,· ·,. ·. sell and convey tlrn·same .in manner and form aforesaid, an d that the sa me an• free _~nd · clear from all former antl . I ·. other grant s, bargains, sales, hen·s , taxes, assessment and e_ncumbranc~s of whateve r kmcl 01· nature soever._ E~CEP~.·,1 :·. •· .taxes and assessments for . the year 1983 .. And EXCEPT, U. S. Patent, restrictions p and any and all prior mineral reservations of record. And EXCEPT a first Deed of il · Trust in favor. of The Fed_eral Land Bank of Wichita which Lyman E. Fogel and** / and t"lie above bargained premises •in .the quiet and peac·enblc posses ~ion of the suid partic~ of the second part, ·their ., i heirs and assigns, againsL-nll an d every perso.n or persons lnwfi.111)• claiming or to claim the whole o_,,_a_1·___ i the.said part i es of the first part shall and wil .1 WARRAN·l · AND FORE VE EFENDU:.. jl IN WITN.ESS WriEREOF the ,aid part i es hereunto ett ei Yh .. an·d I•:· seal S · the day and yearfirst above written . ·Ii . \ :! 1! .. Signed, ~.ea led ,llld Delivered in the PrP.sence o f .. . -· N p·-"FERR"rS!----'---. . . . [SEAL]. ·1··,,1 *~:.~:a.~~-~~:~~ a9~ee to ass~m~--------> ~J,,~/'.?tz fd ;/1/ ~""-' :~,l / . ;A· L. _-· (_;ef11'R€A]A:;t~FEAATi-LL.~~{✓-k~j 1 ! ---~~---·--------'·.•·:-:·: . l .. · --------------'-'~-iSEALJ ·i !: s:i'ATF: OF COLORADO ··1· . . ~-.. · ss: . .:,_.:,_, ·c ·.t ···r Garfield -'--'"',-~·---'-oun yo __ . . i.i .· · : The.fore~oing instni"ment was acknowledged before me this ·lstdayof July i! 1$3,h::: John P. Ferr1s and Barbara M. ferris ,, ii [Form-45 att.B.2]. . . f300X . 630 PAGE2M :. EXHIBIT ''A" A parcel of land situated in Lot 3 of Section 30, Township 5 South, . Range 91 West of the Sixth Principal Meridian, Garfield County, Colorado, being more fully described as follows: . . . . . . Beginning at a: stone found in place and. properly marked for the West Quai:fer Corner of .said Section 30, thence North 89°37 1 30 1 ' East · · 764.13 feet along the northerlylineof said _Lot 3; thence .South 01°26 1 00" East 950.01 feet; thence South 89°31 1 15 11 West 116.67 feet; thenceSouth 00°22 1 40".East 361.61 feet, more or less, toa point on the southerly 1 ine of said Lot 3; thence South 89°31 1 15 11 \4est along t~e southerly line of said Lot 3~ 664.46 feet, more or less, to a point on the westerly line of said Lot 3; thence North 00°24'0011 West along the weiterly line of said Lot 3, 1312.87 feet, more or lesi to said Quarter Cofner, the point of ~eginn :ng . Together with a non-exclusive easement and right-of-way for access and utility purposes. over and across the northerly 35 feet of said Lot 3 and the easterly 35 feet of said Lot 3 northerly fro~ the intersection of the county road known as Ingersoll Lane with the East line of said Lot 3. Fogel Well Location[Form-45, Attachment C]FOGEL MINOR SUBDIVISION A Parcel of Land Situate in the NWl/4 of the SWl/4 of Section 30, Township 5 South, Range 91 West of the 6th P.M. County of Garfield, State of Colorado ., c.., .. w,.,1(16et,m,,, Up~?IJ!i'::b,..ar><I "'-l/•Co--3Q 3-1/f",1/u"""""'Cap Foun.:13-1/f"BUIAlooOIW<mCap sr,,,,y,.d"BOOKCIFFSJJR\lltY --""~lt{~=..i i N8~;;!J.·B l TSS":iz~:J!]!';;= +-----.,,,,.--====;::-:-===..,-,..,.~,--"-s=s=ts.;:-~~=T:1_~---------•1.16' t3:i.O'l<on......,,,._&a.o..,._ft,r Rlf/>t-<>f•WQjldlt<IIIHlltlu Boole630,l'ag,,ZS-I 111.33' I •1 81 ~I g1 "I •1 ~ I ;:;1 ti ·1 I -', I &>ulluw«""'-'"~30 : Q.=~Q~~ + and~=..=-3-1/f"Alwlww .. Cap ~a~;=inrr ------------0 P"'1 z 0 in > iS "' :::, (/) a: 0 z ~ _J w ~ 5/28/21 21041-01 [Form-45, Attachment D, page 1] WEST DIVIDE WAT ER CONS ER VANCY D I STRI CT May 20, 2021 Lyman Fogel 501 Ingersoll Lane Silt, CO 81652 Re: Application to Lease Water Dear Lyman, Enclosed is approved Water Allotment Contract #S210520LF(a). 8 I 8 Taughen ba ugh Blvd ., Su ire IO I P.O . Box I 478 Rifl e, Colo rado 8 165 0-I 478 Tel: (97 0) 625-54 61 Web: www.wdwcd.o rg Ema il : wa rer@wdwcd.org The next step is to obtain a new well permit from the Colorado Div is ion of Water Resources office in Glenwood Springs. A totalizing flow meter must be installed and maintained in good working order. In S e ptember, West Divide r eques ts an annual reading of this meter. N on-compliance with measuring and re porting requirements are grounds for cancellation of thjs contract, which could result in action by the Colorado Division of Water Resources to c urtail further use of the well. Sincerely yours, ST DIVIDE WATER CONSERVANCY DISTRICT Wv~ ~ my Keenan E nclosures cc Division No. 5 Water Resources Colo rado River E ngineering D irec tors: Samuel B. Porter Kell y Co uey Ri chard L. McNe iU Bruce E. Wampl er Dan R. Harrison [Form-45 att.D.2] WEST DIVIDE WATER CONSERVANCY DISTRICT APPLICATION TO LEASE WATER 818 Taughenba ug h Bl vd. #101 , P. 0. Box 1478 , Rifle, CO 8 1650 970-625 -546 1 water@wd wc d.o rg l. APPLICA 'T INFORMAT IO N Name: Ly man Fogel Mailing address: 501 In gersoll Lane Silt CO 81652 Te lepho ne : 970-948-0600 Email: lyman@fo gel.org Authorize d age nt : __________________ _ 2. COURT CASE #s: Decree Case No. _________ _ Augmentati on Pl an Case No. _____________ _ 3. USE OF WATER RESIDENTIAL Number of mai n residences: 3 No. ADU's _3 __ Subd ivision: No. constructed uni ts: __ No. vacant lots Hom e gard en/lawn irrigation of 7500 to tal sq. ft. Method of irri gation: fl ood __ s prinkler~ other __ Non-commercial anim a l waterin g of 10 animal s Fire Protecti on L Evaporation : Maxim um water s urface to be exposed: ___ _ Descri pt io n o f any use, other than eva poration, a nd method of dive rsion , rate of d ivers ion, and annual amount of di versio n of any water withdraw n fr om the pond : _____________ _ Well Sharing Agreement for multiple owner wells must be s ubmitted. If greater than two owners, application must be made under a homeowners association. COMMERC IAL N umber of units : _____ To tal sq. ft . of comm erc ial unit s: ___ _ Description of use : __________________ _ IND USTRIAL De scription of use: __________________ _ Evaporation: Maximum water surface to be exposed: ______ _ Description o f any use, other than evaporat ion, and method of diversion , rate of di vers ion, and annu al amou nt of d ivers ion of any wate r with drawn from the pond : ____________________ _ DIRECT PUMPING Tributary: _____________________ _ Locati on: _____________________ _ 4. SOURCE OF WATER Structur e: Well Stru cture Name : Fogel Well So urce: s urface__ stora ge__ ground wa terL Curren t Permit # 6 8835-F (attach copy) CONTRACT#: S210520LF(a) MAP ID#: S66 DATE ACTIVATED : 5/20/202 1 5. LO CATION OF STR UCTU RE Coumy Assessors Parcel Num be r 2125-303-00-085 County Quarter/Quarter Quarter Garfield NW1 /4 SW 1/4 Sec ti on Town ship Range P.M. 3Q 5S 91W 6th Dis ta nce of we ll from sectio n lines: 2613 Ft from the South Sectio n Line 600 Ft from the West Section line Elevation: --=-6.::.0.::.0.::.0 ______ _ We ll location address: 5 0 1 Ingersoll Lane Silt. CO 81652 A11ac/1 additional pages for 11111/tiple structures 6. LAND ON WHICH WATER WILL BE USED (Legal des cription may be provided as an al/achment.) 501 Ingersoll Lane. Silt CO 81652 Number of acres in tract _2-'-2-"--.4 ______ _ Inclusion into the District, at Applicant's expense, may be required. 7. TYPE OF SEWAGE SYSTEM Septic tank/absorption leach fieldl_ Cen tral Syste m __ Other_ Distri ct name : ____________________ _ 8. VOLUME OF LEASED WATER NEEDED IN ACRE FE ET: 1 .00 (mi nimum of I acre fo ot except augme ntation from Alsbu ry Rese rvo ir whe re a lesser amo unt is allowed) Provide engineering data to support volume of water requested. Commercial, municipal, and industrial users must p rovide diversion and co nsumptive data 011 a monthly basis. A totalizi11 g flow meter with remote readout is required to be installed a11d usage r eported to West Divide. Applicant expressly acknowledge it has had the opportu11ity to review th e District's form Water A llot ent Contract and agrees this applicatio11 ursuant and subject th_e terms and co11 ditions contailled Appli ca nt Si nature App lication Date :._4...:..:..../1:....4.:..:./=2c..:1 _______ _ ISS UED AS AREA B CONTRACT YES ...:.X..:...._ __ NO Printed portions of th is fonn , except differenti ated additions or de letions, ha ve been approved and adopted by the West Divide Water Conse rva ncy District. Form : WDWCD 201 7 APP LI CAT ION [Form-45 att.D.3]WEST DIVIDE WATER CONSERVANCY DISTRICT COLORADO, SILT, RIFLE. ALSBURY WATER USE ESTIMATES APPLICANT: I Lyman Fogel I Contract Amount w/ 5% transit Loss = 0.85 acre feet DWELLING UNITS: 6 IRRIGATED AREA (SQ FT): 7,600 COMMERCIAL AREA (SQ FT): NO. OF LIVESTOCK: 10 Transit Loss= 5.0% ELEVATION (MSL): 6000 Contract Location EVAPORATION AREA (ACRE): 0 Colorado/Silt/Alsbury (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) Unit Value: Unit Value: In House livestock Pond Total Irrigation Irrigation C.U. Diversion In House Commercial Commercial Irrigation Diversion Irrigation C.U. Diversion & Evaporation Diversion TotalC.U. Total Contract Diversion (AF) (AF) (AF) C.U.(AF) Diversion (AF) c.u. (AF) (AF) (AF) C.U. (AF) (AF) (AF) (AF) Amount(AF) JAN 0.20 0.03 0.00 0.00 0.00 0.00 0.01 0.00 0.22 0.04 0.04 FEB 0.18 0.03 0.00 0.00 0.00 0.00 0.01 0.00 0.20 0.04 0.04 MAR 0.20 0.03 0.00 0.00 0.00 0.00 0.01 0.00 0.22 0.04 0.04 APR 0.073 0.058 0.19 0.03 0.00 0.00 0.01 0.01 0.01 0.00 0.23 0.05 0.05 MAY 0.356 0.285 0.20 0.03 0.00 0.00 0.06 0.05 0.01 0.00 0.29 0.09 0.09 JUN 0.534 0.427 0.19 0.03 0.00 0.00 0.09 0.07 0.01 0.00 0.31 0.11 0.12 JUL 0.591 0.473 0.20 0.03 0.00 0.00 0.10 0.08 0.01 0.00 0.33 0.12 0.13 AUG 0.463 0.370 0.20 0.03 0.00 0.00 0.08 0.06 0.01 0.00 0.30 0.10 0.11 SEP 0.325 0.260 0.19 0.03 0.00 0.00 0.06 0.04 0.01 0.00 0.27 0.08 0.09 OCT 0.068 0.054 0.20 0.03 0.00 0.00 0.01 0.01 0.01 0.00 0.23 0.05 0.05 NOV 0.19 0.03 0.00 0.00 0.00 0.00 0.01 0.00 0.21 0.04 0.04 DEC 0.20 ~ Q,2Q 0.00 0.00 0.00 0.01 0.00 0.22 0.04 0.04 TOTAL 2.409 1.927 2.35 0.35 0.00 0.00 0.41 0.33 0.12 0.00 3.03 0.81 0.85 (1) 80% irrigation efficiency for sprinkler systems (7) Column (1) * irrigated area in acres (2) Blaney Criddle assessment with Pochop adjustments (8) Column (2) • irrigated area in acres (3) 350 gallons per day per residence (9) livestock use at 11 gallons per head per day (99CW320) (4) 15% consumptive use for ISDS systems (10) Net Pond Evaporation(ft, calcs In 'Assumptions') • evaporation area in acres (5) 200 gallons per day per 1000 sq ft of commercial space (11) Column (5) + Column (7) + Column (9) + Column (10) plus 5% transit loss (6) 15% consumptive use for ISDS systems (12) Column (6) + Column (8) + Column (9)+ Column (10) (13) Column (12) plus 5% transit loss Confidentiality Notice: This spreadsheet, including all attachments, is for the sole use of the intended recipients and may contain confidential and privt7eged information. Any unauthorized review, use, disclosure, copyina, distribution or action taken in reliance on the contents of the information contained in this spreadsheet is strictly prohibited. Colorado_SiltMesa_Rifle_Alsbury_2017 4/1412021 [Form-45 att.D.4] Form No . .... /G\NS-25 OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Shennan St., Denver, Colorado 80203 ' (303) 866-3581 . EXST WELL PERMIT NUMBER 68835 -F APPLICANT DIV. 5 WD 39 DES. BASIN MD LYMAN FOGEL 501 INGERSOLL LANE SILT, CO 81652- Lot: C Block: Filing: Subdiv: NORMAN HAMMER EXEMPTION APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 SW 1/4 Section 30 Township 5 S Range 91 W Sixth P.M. DISTANCES FROM SECTION LINES 2613 Ft. from South Section Line 600 Ft. from West Section Line (970) 948-0600 UTM COORDINATES (Meters,Zone:13,NAD83) CHANGE OF USE OF EXISTING WELL Easting: Northing: 1) 2) 3) 4) 5) 6) 7) 8) 9) ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL This well shall be used In such a way as to cause no material injury to existing water rights. The issuance of this pennit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief In a civil court action. The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating groundwater tributary to the Colorado River, on the condition that this well is operated only when the Slit Mesa Substitute Water Supply Plan (based on the filing of case no. 05CW296, Division 5 Water Court), 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 Is in effect, or under an approved plan for augmentation. This well ls accounted for under WDWCD contract #S090219LDF(a). Approved for the use of an existing well, constructed on March 2, 1989, to a depth of 140 feet, and with a pump being Installed October 7, 1993, under permit no. 153464 (canceled). Issuance of this pennit hereby cancels permit no. 153464. The use of ground water from this well is limited to ordinary household purposes inside seven (7) single family dwellings with a total of 8,000 square feet of living area. The ground water shall not be used for Irrigation or other purposes. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as Fogel Well. The pumping rate of this well shall not exceed 15 GPM. The average annual amount of ground water to be appropriated shall not exceed 2. 74 acre-foot (892,829 gallons). "At no time can total consumptive use from the well exceed 0.50 acre-foot per year." The owner shall mark the well in a conspicuous place with the well pennit number and name of aquifer as appropriate, and shall take necessary means and precautions to preserve these markings. A totalizing flow meter must be installed on this well and maintained in good working order. Pennanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request 10) This well shall be located not more than 200 feet from the location specified on this permit and at least 600 feet from any existing well, exduding permit no. 7372 (State Engineer Hearing, case no. 09-SE-03), completed in the same aquifer, that Is not owned by the applicant NOTE: State Engineer Hearing, case no. 09-SE-03 NOTE: Parcel Identification Number (PIN): 23-2125-303-00-085 NOTE: Assessor Tax Schedule Number. R200365 (totaling 22.4 acres) APPROVED DMW Recei t No. 9503205 DATE ISSUED 12-10-2009 _f}-·?>-t_ ~ / 2.~Q,/4 Ot?f . ~ Lj,&?: ?a, C ~ By EXPIRATION DATE [Form-45 att.D.5] AQUA TEC SYSTEMS, INC P.O. BOX 488 GLENWOOD SPRINGS, CO 81602 PH# (970) 984-0311 FX# (970) 984-031 2 MARCH 30, 2021 LYMAN FOGEL 501 INGERSOL LANE SILT, CO 81652 TO WHOM IT MAY CONCERN: WE LL LOCATION : PERMIT#153464@ 501 INGERSO L LANE, SILT, CO, GARFIELD COUNTY THE WELL WAS PUMPED FOR ~HOURS AT AN AVERAGE OF 15 GPM . THE WELL RECOVERED 19 FEET WITHIN ONE HOUR AFTER STOPPING PUMPING. TOTAL D RAWDOWN WAS 24 FEET PROX. DATE OF TEST: 03/29/2021 A PPROXIMAT E STATIC WATER LEVEL: 27,2 FT. APPROXIMAT E DEPTH OF WELL: 138,2 FT. HORSE POWER OF PUMP: 1 HP PUMP SET: 125...EL THE TEST DATA OBTAINED IS REPRESENTITJVE OF ONLY CONDmONS OBSERVED ON THAT DATE AND DOES NOT ACCOUNT FOR POSSIBLE SEASONAL VARIATIONS IN THE AQUIFER NOR LONGER PUMPING DURATIONS. [Form-45 att.D.6] GEO LOCATION: {39.584161, -101.65537) ! 229 ! G o g le Functions Geolookup:enteryour Geo Location and click Go. 501 Ingersoll Lane Silt, CO ~ J 1km ,__ __ _. Legend RMap data ©2021 District Boundariest Alsbury Reservoir service area Fourmile service area Silt Mesa service area Rifle Creek and Elk Cree k service area Colorado River service area [Form-45 att.D.7] WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT CONTRACT#: S210520LF(a} MAP 10#:S66 DATE ACTIVATED: 5/20/2021 Name of Applicant: L'-1 m CUI Fo d....Q_ I Quantity of Water in Acre Feet: _____ /:::......;;.1_<fb __________________________ _ 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, Section 3 7-45-10 I, et seq., (hereinafter referred to as the "District") for an allotment contract to beneficially and perpetually use wateror water rights owned, leased, or hereafter acquired by the District. By execution of this Contract and the attached Application, Applicant hereby agrees to the following terms and conditions: I. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources. 2. Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this Contract. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this Contract shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: industrial, municipal, domestic and related uses, or commercial (except for commercial use from Alsbury Reservoir and except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07-70-WO547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, Green Mountain Reservoir, Alsbury Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release or delivery of water at such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green 1 [Form-45 att.D.8] Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby 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 I), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. Water service provided by the District for properties located within the Bluestone and Silt Water Conservancy Districts is provided pursuant to Agreements with said Districts. The Intergovernmental Agreement between the District and the Silt Water Conservancy District, dated January 25, 2001, is recorded as Reception No. 575691, Garfield County Clerk and Recorder's Office. The Intergovernmental Memorandum of Understanding between the District and the Bluestone Water Conservancy District, dated April 26, 200 I, is recorded as Reception No. 584840, Garfield County Clerk and Recorder's Office. Pursuant to Federal Law, the cultivation of marijuana is illegal. The U.S. Bureau of Reclamation has declared it unlawful to use Federal water facilities for the irrigation of marijuana or in furtherance of the cultivation of marijuana. The West Divide Water Conservancy District provides augmentation water to contractees from Ruedi Reservoir and Green Mountain Reservoir, both of which are Federal water facilities managed by the Bureau of Reclamation. Therefore, the West Divide Water Conservancy District will not contract to provide augmentation water from Ruedi Reservoir or Green Mountain Reservoir for the irrigation of marijuana or in furtherance of the cultivation of marijuana Any such contracts shall be deemed null and void. The West Divide Water Conservancy District owns or possesses delivery contracts for other non-Federal water sources from which the District is able to provide augmentation water for the irrigation of marijuana or in furtherance of the cultivation of marijuana Should any contractee obtain a water allotment contract from the West Divide Water Conservancy District for the augmentation or irrigation of marijuana or in furtherance of the cultivation of marijuana, any and all such water shall be deemed to come from the non-Federal sources referenced above. 5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this Contract. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the 2 [Form-45 att.D.9] 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 the application for consideration by the District. Annual payment for the water service described herein shall be determined by the Board of Directors of the District. The initial annual payment shall be made in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail, return receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this Contract or Application. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within fifteen ( 15) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or interest under this Contract without further notice, and delivery may be immediately curtailed. The allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this water allotment Contract with the District, the District shall notify the Division of Water Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use. 7. Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement oflegal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment: This Contract shall not inure to the benefit of the heirs, successors or assigns of Applicant, without the prior written consent of the District's Board of Directors. Any assignment of Applicant's rights under this Contract shall be subject to, and must comply with, such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and filing of proper forms for assignment and change of ownership. In the event the water allotted pursuant to this Contract is to be used for the benefit of land which is now or will subsequently be subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunder to: I) No more than three separate owners all of whom shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association, water district, water and sanitation district or other special district properly organized and existing under the laws of the State of Colorado, and then, only if such parties, association or special district establishes to the satisfaction of the District that it has the ability and authority to perform the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this 3 [Form-45 att.D.10] Contract have any rights hereunder, except as such rights may exist pursuant to a well sharing agreement or through a homeowners association or special district as provided above. Upon the sale of the real property to which this Contract pertains, Applicant shall make buyer aware of this Contract and proper forms for assignment and change of ownership must be completed. 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and regulations of the Board ofDirectors of the District; and all amendments thereof and supplements thereto and by all other applicable law. IO. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the board of Directors of the District, if and when, the Board of said District determines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. 11. Change of Use: The District reserves the exclusive right to review, re-approve or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this Contract is executed, or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict actual diversions to not exceed the contract amount for ordinary household purposes, the watering of domestic livestock, fire protection, and the irrigation of lawn and garden as specified in the Application. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering, provided that in no event shall actual diversions exceed the amount of water provided by this Contract. Violation of this paragraph 15 shall be deemed to be a material breach of this Contract. 16. Well Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of 4 [Form-45 att.D.11] Applicant's valid well permit before District is obligated to deliver any water hereunder. 17. Measuring Device or Meter: Applicant agrees to provide, at its own expense, a measuring device deemed acceptable by the District's Engineer after consultation, or a totalizing flow meter with remote readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicant's water right and the terms of this Contract. Applicant agrees to provide accurate readings from such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours for the purposes of determining Applicant's actual use of water. 18. Representations: By executing this Contract, Applicant agrees that it is not relying on any legal or engineering advice that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained all necessary legal and engineering advice from Applicant's own sources other than the District. Applicant further acknowledges that the District makes no guarantees, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this Contract. Should the District be unable to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 19. Costs of Water Court Filing and Augmentation Plan: Should the District, in its own discretion, choose to include Applicant's Contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceedings. Applicant shall be assessed a pro-rata share of the total cost incurred by the District in preparing, filing and pursuing to decree the water court case. The pro-rata share shall be calculated by dividing such total cost by the number of contractees included in the filing. To the extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicant's Contract in the filing, such additional costs may be charged specifically to Applicant and not shared on a pro-rata basis by all contractees. 20. Binding Agreement: This agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. All correspondence from the District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terms and conditions of this agreement. 21. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN AV ALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPL YING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. 22. AREA B. CONTRACTS: IF APPLICANT'S WELL OR OTHER WATER RIGHT THAT IS THE SUBJECT OF THIS CONTRACT IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT, THEN THIS PARAGRAPH APPLIES: THE AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANT'S WATER RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER 5 [Form-45 att.D.12] SEN IOR RIGHT. NO REPRESENTATION OTHERW ISE IS MADE BY THE DISTRI CT. IF THI S IS A CONCERN TO A PPLI CANT, THIS CONTRACT MAY BE RESCINDED UPON WRITT EN NOTICE DELIVERED TO THE DI STRJCT BY THE APPLI CANT WITHIN THE NEXT DAYS FO LL OW ING T AFFIXING OF S IGNATURES ON THIS CONTRACT IN WHI C H EVENT ALL SUMS PAID BY S HA LL BE IM MED IATE LY REFUND ED TO APPLICANT. · pp li cant TAMAR NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20164014306 COUN TY OF (:)GA5'--e,ld ) ss. MY COMMISSION EXPIRES MAY 05, 2024 The foregoing instrument was acknowledged befo re me on th is / L{ _L___,i-tf--"l'Yl.....,(.,.,"'-'-Q..___._h_,O"-~+-e-=--'-/ _______ . Witness my hand and oflici 2) by STAT E OF ________ _, ) ss. COUNTY OF ______ __, The fo re go in g instrument was acknow ledged before me o n this __ day o f ________ ~ 20 ___ __, by ________________ . Witn ess my hand and o ffi c ia l sea l. My commis s io n expires: _________ _ No tary Publi c ORDER After a hearing by th e Board of Directors of the West Divide Wat er Conservancy Di stri ct on th e Ap plic atio n, it is hereby ORDERED th at said App li cat ion be grant ed and thi s Con tract shall be and is accepted by the District. •m:c; ~ Smctruy 1 8 :ESTDJVIDE.-r.l-----7.,,, ONSERVA~ President Date --- Thi s Contract in cludes and is subject to the terms and cond itions of th e following documents which must accomp an y th is Co ntract: I . Map show ing lo ca tion of point of diversion (use map provided) 2. App lic at ion and Data Form fully completed and s igned The printed portions of this form, except differentiat e d additions o r dele tio ns, have been approved and adopted by t he Wes t Divide Wat er Conservancy Di s tric t. Form: WDWC D O 1-01-08 CONTRA C r . 6 [attachment E] [Form-45, attachment E] ff:· . I! D " . 1 THIS EED, Made this I 19 9 4 , between NORMAN L. if dayof March HAMMAR I ofthe :1 1 11 ! \ Colorado, of the first part, and and DONNA K. FOGEL County of Garfield, State of LYMAN E. FOGEL whose legal address is 5 01 Ingersoll Lane i Silt, Colorado 81652 Garfield I of the County of / and State of Ii Colorado, of the second part: II WITNESSETH, That the said party of the first part, for and in consideration of the sum of TEN DOLLARS and other good and valuable considerations -::-------::-.:.-::--:-----~~K to the said party of the first par·t in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and quit claimed, and by these presents do es remise, release, sel1, convey and quit claim unto the said parties of the second part, their heirs and assigns forever, not in tenancy in cnmmon but in joint tenancy, all the right, title, interest and demand which the said part y of the first part has in and to the following described !x:it.xxxy.xmwqoo:raaxxxxxml: land situate, lying and being in the County of Garfield and State of Colorado, to wit: · The waters, water rights, and rights in and to the structure of the Hamrr,ar Spring and Pond, as adjudicated in Case Ko. W-2722, Water Division No. 5, . State of Colorado, with an appropriation date of December 31, 1906 and including I a direct flow right of 0.50 cfs. and a storage right of 0.25 acre feet. [ The above water right is appurtenant to that real property conveyed from first party to John P. Ferris and Barbara M. Ferris by Warranty Deed recordec August 5, 1981 in Book 578 at Page 519 and Correction Quit Claim Deed recorded August 24, 1982 in Book 606, Page 979, and further conveyed by John P. Ferris and Barbara M. Ferris to second parties herein by Warranty Deed recorded July 6, 1983 in Book 630 at Page 233. also known as street and number TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privil~ges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, mterest, and claim whatsoever of the said party of the first part, either in law or equity unto the said parties of the second part, their heirs and assigns forever, not in tenancy i~ common but injoint tenancy. IN WITNESS WHEREOF, The said party of the first part has hereunto set hand and seal the day and year first above written. · }!ORMAN t. HAMMAR Signed, Sealed and Delivered in the presence of l .x -?/~ .. 2'/aa,.-,A-?!: ET.J.TE OF COLOR.P"DOt County of GARFIELD jos [SEAL] SEAL] SEAL] Ii :I ~: The foregoing instrument was acknowledged before me thi; / ! 19 94 , by Norman L. Hammar day of March ii ' II 11 11 My commission expires Il· 13-91,. !I WIT KESS my hand and official seal. ! RECEIVE!) rJAN O 4 2010 [Form-45, Attachment F, page 1]GARFIELD. COUNTY, COLORADO RESOLUTION NO. 79-106 WHEREAS, Norman Hammar has .petitioned the Board of of Garfield County, Colorado, for an exemption terms "subdivision" 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 divisiion of a 40.28 acre tract described as follows: Lot 3 of Section 30, Township 5 South, Range 91 West of the Sixth Principal Meridian into 3 tracts of approximately4.74, 12.92, and 22.38 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: A parcel of land situated in Lot 3 of Section 30, Township 5 South, Range 9l ~Jest of the Sixth Principal Mer.iciian, Garfield County, Colorado, being more fully described as follows: Beginning at the Southeast Corner of said Lot 3; whence the Northwest Corner of said Lot 3, being a stone found in place and properly marked for the West Quarter Corner of said Section-30 bears: N. 45°47'17" W. 1866.76 feet; thence S. 89°31'15" W. 664.45 feet along the Southerly line of said Lot 3; thence N. 00°22140" W. 361.61 feet, thence N. 89°31 '15" E. 116.67 feet; thence S. 77°42'20" E. 561.55 feet, more or less to a point on tile Easterly line of said Lot 3; thence S. 00°21124" E. along said Easterly line, 237 .45 feet, more or less, to the point of beginning. The above described parcel of land contains 4.74 acres, more or less . Tract B: A parcel of land situated in Lot 3, Section 30, Townsh_ip 5 South, Range 91 West of the Sixth Principal Meridian, Garfield County, Colorado, being more fully described as follows: Beginning at the Northeast Corner of said Lot 3; whence the West Quarter Corner of said Section 30 bears: S. 89°37'30"\L 1329.90 feet, more or less; thence S. 00°21124" E. 1073.00 feet; thence N. 77°42'20" W. 561.55 feet; thence N. 01°26100" W. 950.0l feet, more or less, to a point on the Northerly line of said Lot 3; thence N. 89°37'30" E. along said Northerly lin~; 565.77 feet to the point of beginning. The above describ~d parcel of land [Form-45 att.F.2]. , BOOK . 535 ~AGE3J_Q . · con ta iris 12. 92 ~cres, more or Jess. Tract C: A parceLof land. situated in Lot 3 of Section 30, . . Township 5 South, Range 91· West of the Sixth Pri~cipal Meridian, . . Garfield County; Colorado, being more fully described as follows: Beginning at a stone found in place and properly marked for the West Quarter Corner of said Section 30, thence N. 89°37'.30" E. 764.13 feet along the Northerly line of said Lot 3; thence S. 01°26100" E. 950.0l feet; .thence S. 89°31 '15" W. llfi~67 feet; thence S. 00°22'40" E. 361.61 feet, more or less, to a point on the Southerly line of said Lot 3; thence S. 89°31 '15" W. along the Southerly line of said Lot 3, 664.46 feet, more or less, to a point on the Westerly line of said Lot 3; thence N. 00°24'00" W. along the Hesterly line of said Lot 3, 1312.87 feet, more or less to said Quarter Corner, the point of beginning. The above described parcel of land·contains 22.38 acres, more or less. WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Cammi ssioners of Garfield County, Colorado, that the proposed division does not fall within the purposes of Part l, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason that the impact created is not large enough to proceed through the full subdivision 'review process; and 1-JHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reason-able probability of locating domestic water on each of said tracts, that there is adequate ingress and egress to said tracts, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is not part of an existing or larger development and does not fall within the general purposes and intent of the subdivision regulations of the State of Colorado and the County of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and "s ubdi vi ded land" as set forth in C.R.S. 1973, 30-28-101 (10) (a)-(d), as amended; WHEREAS, the division of the above described tracts "A", "B", and "C" from the above described 40.28 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A", 11811, and "C", all as is more fully described above, and said divided tract may be conveyed in the form of such smaller tracts without further compliance with the aforesaid subdivision statutes and regulations; .provided, however, that this exemption is granted on [Form-45 att.F.3].. , .. agr~ement of the . . Qns be al iowed on said tract "A" a~d of. conveyance when recorded A.D ... 1979 . . THE BOARD OF COUNTY COM~1ISSIONERS .. OF GARFIELD. COUNTY, COLORADO B~~J · · Chairman [Form-45 att.F.4]/" .. • !.J,. . ~ ,; f _:. \. " -.;_\: \; --1 ~ ~ C) \) '?-~ Cl: ~ \J ~ :;f _ ....... '. -~ ~ . r\j ' ~ / : . · ... ·-· · ;;,,,-,),,11or1,,..,.A-r.£ ~ot::ATn7K .. :o/. r,,,£ £AST ,t~T£"i'/J/. or TN£ r,-9/{M£,<S ,r,<R1GrVno_,;, .01n:.h' 'c_· ,:-;~-. l . . . . . . _/.· ..... · : ·,_ .. : ./·p~RC.EL-/ . ··c --· 22 . .38 ~c.i _ •• •• .. '#. ·: •• -: --. . .... ... . . . . .. (-s·.,:.-,~ -~-~ '. ~: '~· ~~ ~ i-r\J f\J () ~ (J vj 'I ' ~ "' ~ r') ... .... .. .. -'• .,-. () " Al.,. 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N SCJ?LE-· ' i' s· I 0 .;· ~ --.. 1· ' ,..; -~·-· \ / ;nc.,5 = 200 j'E Attachment-Q, page 1 0f 12 WEST DIVIDE WAT ER CONS ER VAN CY D I ST RI CT May 20, 2021 Lyman Fogel 501 Ingersoll Lane Silt, CO 81652 Re: Application to Lease Water D ear Lyman, E nclosed is approved Water Allotment Contract #S210520LF(a). 8 I 8 Taughen ba ugh Blvd., Sui re IO I P.O . Box I 478 Rifl e, Colorado 8 165 0-1478 Tel: (97 0) 625-54 61 Web: www.wdwcd.org Ema il: warer@wdwcd.org T he nex t step is to obtain a new well p ermit from the Colorado Divi s io n of Water Resources office in Glenwood Springs. A totalizing flow meter must be install ed and maintained in good working order. In September, West Divide requests an annual reading of this meter. N on-compliance with measuring and reporting req uire ments are grounds for cancellation of this contract, which could r esult in actio n by the Co lorado Division of Water R esources to c urtail further u se of the well. Sincerely yours, ST DIVIDE WATER CONSERVAN CY DISTRICT WVVVW( ~ my Keenan E nc losures cc Div ision No. 5 Water Resources Colorado River E ngineering D irec tors: Samuel 13. Porter Kell y Co uey Ri chard L. McNe iU Bruce E. Wampl er Dan R. Harrison [Att-Q, p.2 /12] WEST DIVIDE WATER CONSERVANCY DISTRICT APPLICATION TO LEASE WATER 8 18 Taughenba ug h Bl vd. #101 , P. 0. Box 1478 , Rifle, CO 8 1650 970-625 -5461 water@ wd wc d.o rg l. APPLICA 'T INFORJ\IIATIO N Name: Ly man Fogel Mailing address: 501 In gersoll Lane Silt CO 81652 Te lephon e : 970-948-0600 Email: lyman@fogel.org Authorize d agent : __________________ _ 2. COURT CASE #s: Decree Case No. _________ _ A ugmentati on Pl an Case No. _____________ _ 3. USE OF WATER RESIDENTIAL Number of mai n residences: 3 No. ADU's _3 __ Su bdivision: No. constructed units: __ No. vacant lots Hom e gard en/lawn irri gation of 7500 total sq. ft. Method of irri gation: fl ood __ s prinkler~ other __ Non-commercial anim a l waterin g o f 10 animals Fire Protecti on L Evapo ration : Max imum wate r s urface to be exposed: ___ _ Descri pt io n of any use, other than evaporat ion, and method of dive rsion, rate of divers ion, and annual amount of di vers ion of any water withdraw n from the pond : _____________ _ Well Sharing Agreement for multiple owner wells must be s ubmitted. If greater than two owners, application must be made under a homeowners association. COMMERC IAL N umber of unit s : _____ To tal sq. ft . of comm erc ial units: ___ _ Descripti on of use : __________________ _ IND USTRIAL De scription o f use: __________________ _ Evaporation: Maximum wate r s urface to be exposed: ______ _ Descri ption o f any use, other than eva porat ion, and method of diversio n, rate of divers ion, and annu al amount of d ivers ion of any wate r with drawn from the pond: ____________________ _ DIRECT PUMPING Tributary: _____________________ _ Location : _____________________ _ 4. SOURCE OF WATER Structur e: Well Structure Name: Fogel Well So urce: s urface__ storage__ ground wa terL Current Permit # 6 8835-F (attach copy) CONTRACT#: S210520LF(a) MAP ID#: S66 DATE ACTIVATED: 5/20/2021 5. LO CATION OF STRUC TURE County Assessors Parcel Num be r 2125-303-00-085 Co unty Quarter/Qua rter Quarter Garfield NW1 /4 SW 1/4 Secti on Township Range P.M. 3Q 5S 91W 6th Dis tan ce of we ll from sect ion lines: 2613 Ft from the South Section Line 600 Ft from the West Section line Elevati on : --=-6.::.0.::.0.::.0 ______ _ We ll location address: 501 Ingersoll Lane Silt. CO 81652 A11ac/1 additional pages for 11111/tiple structures 6. LAND ON WHICH WATER WILL BE USED (Legal description may be provided as an allachmenl.} 501 Ingersoll Lane, Silt CO 81652 Number of acres in tract _2...:.2.c.._.4 ______ _ Inclusion into the District, at Applicant's expense, may be required. 7. TYPE OF SEWAGE SYSTEM Sept ic tank/absorption leach fieldl_ Cen tral System __ Other_ Distri ct name : ____________________ _ 8. VOL UME OF LEASED WATER NEEDE D IN ACRE FE ET: 1.00 (mi nimum of I ac re fo ot except augme ntation from Alsbu ry Rese rvo ir wher e a lesser amount is allowed) Provide engineering data to support volume of water requ ested. Commercial, municipal, and indu strial users must provide diversion and consumptive data 011 a monthly basis. A totalizin g flow meter with remote readout is required t o be installed and usage reported to West Divide. Applicant expressly acknowledge if has had the opportunity to review the District's form Water A llot ent Contract and agrees this application ursuant and subject th f! terms and co11ditions contained Appli ca nt Si nature App lication Date:_4.;.;/....:1__;4:.:../2=-=--1 _______ _ ISS UED AS AREA B CONTRACT YES ...:.X..:.._ __ NO Pr inted portions of th is fonn , except differentiated additions or de letions, have been approved and adopte d by the West Divide Water Conservancy District. Form : WDWCD 20 17 APP LI CAT ION [Att-Q, p3 /12]WEST DIVIDE WATER CONSERVANCY DISTRICT COLORADO, SILT, RIFLE, ALSBURY WATER USE ESTIMATES APPLICANT: I Lyman Fogel I Contract Amount w/ 5% transit Loss "' 0.85 acre feet DWELLING UNITS: 6 IRRIGATED AREA (SQ FT): 7,IIOO COMMERCIAL AREA (SQ FT): NO. OF LIVESTOCK: 10 Transit LOSS" 5.0% ELEVATION (MSL): 6000 Contract Location EVAPORATION AREA (ACRE): 0 Colorado/Slit/Alsbury (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) Unit Value: Unit Value: In House Livestock Pond Total Irrigation Irrigation C.U. Diversion In House Commercial Commercial Irrigation Diversion Irrigation C.U. Diversion& Evaporation Diversion TotalC.U. Total Contract Diversion (AF) (AF) (AF) C.U.(AF) Diversion (AF) c.u. (AF) (AF) (AF) C.U.(AF) (AF) (AF) (AF) Amount(AF) JAN 0.20 0.03 0.00 0.00 0.00 0.00 0.01 0.00 0.22 0.04 0.04 FEB 0.18 0.03 0.00 0.00 0.00 0.00 0.01 0.00 0.20 0.04 0.04 MAR 0.20 0.03 0.00 0.00 0.00 0.00 0.01 0.00 0.22 0.04 0.04 APR 0.073 0.058 0.19 0.03 0.00 0.00 0.01 0.01 0.01 0.00 0.23 0.05 0.05 MAY 0.358 0.285 0.20 0.03 0.00 0.00 0.06 0.05 0.01 0.00 0.29 0.09 0.09 JUN 0.534 0.427 0.19 0.03 0.00 0.00 0.09 0.07 0.01 0.00 0.31 0.11 0.12 JUL 0.591 0.473 0.20 0.03 0.00 0.00 0.10 0.08 0.01 0.00 0.33 0.12 0.13 AUG 0.463 0.370 0.20 0.03 0.00 0.00 0.08 0.06 0.01 0.00 0.30 0.10 0.11 SEP 0.325 0.260 0.19 0.03 0.00 0.00 0.06 0.04 0.01 0.00 0.27 0.08 0.09 OCT 0.068 0.054 0.20 0.03 0.00 0.00 0.01 0.01 0.01 0.00 0.23 0.05 0.05 NOV 0.19 0.03 0.00 0.00 0.00 0.00 0.01 0.00 0.21 0.04 0.04 DEC 0.20 0.03 0.00 0.00 0.00 MQ 0.01 0.00 0.22 0.04 QM TOTAL 2.409 1.927 2.35 0.35 0.00 0.00 0.41 0.33 0.12 0.00 3.03 0.81 0.85 (1) 80% Irrigation efficiency for sprinkler systems (7) Column (1) • irrigated area In aaes (2) Blaney Criddle assessment with Pochop adjustments (8) Column (2) • irrigated area In aaes (3) 350 gallons per day per residence (9) Livestock use at 11 gallons per head per day (99CW320) (4) 15% consumptive use for ISDS systems (10) Net Pond Evaporatlon(fl, calcs In 'Assumptions') • evaporaUon area In aaes (5) 200 gallons per day per 1000 sq fl of commercial space (11) Column (5) + Column (7) + Column (9) + Column (10) plus 5% transit loss (6) 15% consumptive use for ISDS systems (12) Column (6) + Column (B) + Column (9)+ Column (10) (13) Column (12) plus 5% transit loss Conffdentla//ty Notice: This spreadsheet, including all attachments, Is for the sole use of the Intended recipients and may contain confidential and prtvfleged lnfonnation. Anv unauthorized review, use, disclosure, convlnn dlstlibution or aclJon taken In reliance on the contents of the lnfonnalion contained In this snmadsheet Is strlctlv orohlb/ted. Colorado_SiltMesa_Rifle_Alsbury_2017 4/14/2021 [Att-Q, p4 /12] Form No. •·/GWS-25 OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Shennan St., Denver, Colorado 80203 ' (303) 866-3581 . EXST WELL PERMIT NUMBER ____ 6=8=83=5 _____ --=-F __ _ APPLICANT DIV. 5 WD 39 DES. BASIN MD LYMAN FOGEL 501 INGERSOLL LANE SILT, CO 81652- Lot: C Block: FIiing: Subdiv: NORMAN HAMMER EXEMPTION APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 SW 1/4 Section 30 Township 5 S Range 91 W Sixth P.M. DISTANCES FROM SECTION LINES 2613 Ft from South Section Line 600 Ft. from West Section Line (970) 948-0600 UTM COORDINATES {Meters,Zone:13.NAD83) CHANGE OF USE OF EXISTING WELL Easting: Northing: 1) 2) 3) 4) 5) 6) 7) 8) 9) ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL This well shall be used In such a way as to cause no material injury to existing water rights. The Issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief In a civil court action. The construction of this well shall be In compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating groundwater tributary to the Colorado River, on the condition that this well is operated only when the Slit Mesa Substitute Water Supply Plan (based on the filing of case no. 05CW296, Division 5 Water Court), Is In effect, and when a water aootment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water is in effect, or under an approved plan for augmentation . This well ls accounted for under WDWCO contract #S090219LDF(a). Approved for the use of an existing well, constructed on March 2, 1989, to a depth of 140 feet, and with a pump being Installed October 7, 1993, under permit no. 153464 (canceled). Issuance of this permit hereby cancels pennlt no. 153464. The use of ground water from this well is limited to ordinary household purposes Inside seven (7) single family dwellings with a total of 8,000 square feet of living area. The ground water shaU not be used for Irrigation or other purposes. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as Fogel Well. The pumping rate of this weU shall not exceed 15 GPM. The average annual amount of ground water to be appropriated shall not exceed 2.74 acre-foot (892,829 gallons). "At no time can total consumptive use from the well exceed 0.50 acre-foot per year.• The owner shall mark the well in a conspicuous place with the well permit number and name of aquifer as appropriate, and shall take necessary means and precautions to preserve these markings. · A totalizing flow meter must be Installed on this well and maintained In good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 10) This well shall be located not more than 200 feet from the location specified on this permit and at least 800 feet from any existing well, excluding permit no. 7372 (State Engineer Hearing, case no. 09-SE-03), completed in the same aquifer, that is not owned by the applicant NOTE: State Engineer Hearing, case no. 09-SE-03 NOTE: Parcel Identification Number (PIN): 23-2125-303--00-085 NOTE: Assessor Tax Schedule Number: R200365 (totaling 22.4 acres) APPROVED DMW Recei t No. 9503205 DATE ISSUED 12-10-2009 ,J)-~ ~· / 2./2" d ~ t:Jt:?f . ~ /t:;4: 7'i,~ By EXPIRATION DATE [Att-Q, p5 /12] AQUA TEC SYSTEMS, INC P.O. BOX 488 GLENWOOD SPRINGS , CO 8 1 602 PH# (970) 984-0311 FX# (970) 984-031 2 MARCH 30, 2021 LYMAN FOGEL 501 INGERSOL LANE SILT, CO 81652 TO WHOM IT MAY CONCERN: WELL LOCATION : PERMIT#153464@ 501 INGERSOL LANE, SILT, CO, GARFIELD COUNTY THE WELL WAS PUMPED FOR ~HOURS AT AN AVERAGE OF 15 GPM. THE WELL RECOVERED 19 FEET WITHI N ONE HOUR AFTER STOPPING PUMPING. TOTAL DRAWDOWN WAS 24 FEET PROX. DATE OF TEST: 03/29/2021 APPROXIMATE STATIC WATER LEVE L: 27,2 FT. APPROXIMATE DEPTH OF WELL: 138,2 FT . HORSE POWER OF PUMP: 1 HP PUMP S ET: 125...EL THE TEST DATA OBTAINED IS REPRESENTITIVE OF ONLY CONDmONS OBSERVED ON THAT DATE AND DOES NOT ACCOUNT FOR POSSIBLE SEASONAL VARI ATIONS IN THE AQUIFER NOR LONGER PUMPING DURATIONS. [Att-Q, p6 /12] G E O LOCATION: {39.584161, -101.65531) ! 229 ! G o g le Functions Geolookup:enteryour Geo Location and click Go. 501 Ingersoll Lane Silt, CO E] J 1km ,__ __ _. Legend r-, L .I RMap data ©2021 District Boundariest Alsbury Rese rvoir service area Fourmile service area Silt Mesa service area Rifle Creek and Elk Creek service area Colorado River se rvice area [Att-Q, p.7 /12] WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT CONTRACT#: S210520LF(a} MAP ID#:S66 DATE ACTIVATED: 5/20/2021 Name of Applicant: L'1 m Gt,() Fo j....Q, I Quantity of Water in Acre Feet: -----'/'---'-,_(ft) _________________________ _ 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, Section 37-45-10 I, et seq .. (hereinafter referred to as the "District") for an allotment contract to beneficially and perpetually use wateror water rights owned, leased, or hereafter acquired by the District. By execution of this Contract and the attached Application, Applicant hereby agrees to the following terms and conditions: I. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources. 2. Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this Contract. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this Contract shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: industrial, municipal, domestic and related uses, or commercial (except for commercial use from Alsbury Reservoir and except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07-70-WO547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, Green Mountain Reservoir, Alsbury Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release or delivery of water at such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green 1 [Att-Q, p8 /12] Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby 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 I), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. Water service provided by the District for properties located within the Bluestone and Silt Water Conservancy Districts is provided pursuant to Agreements with said Districts. The Intergovernmental Agreement between the District and the Silt Water Conservancy District, dated January 25, 2001, is recorded as Reception No. 575691, Garfield County Clerk and Recorder's Office. The Intergovernmental Memorandum of Understanding between the District and the Bluestone Water Conservancy District, dated April 26, 200 I, is recorded as Reception No. 584840, Garfield County Clerk and Recorder's Office. Pursuant to Federal Law, the cultivation of marijuana is illegal. The U.S. Bureau of Reclamation has declared it unlawful to use Federal water facilities for the irrigation of marijuana or in furtherance of the cultivation of marijuana. The West Divide Water Conservancy District provides augmentation water to contractees from Ruedi Reservoir and Green Mountain Reservoir, both of which are Federal water facilities managed by the Bureau of Reclamation. Therefore, the West Divide Water Conservancy District will not contract to provide augmentation water from Ruedi Reservoir or Green Mountain Reservoir for the irrigation of marijuana or in furtherance of the cultivation of marijuana Any such contracts shall be deemed null and void. The West Divide Water Conservancy District owns or possesses delivery contracts for other non-Federal water sources from which the District is able to provide augmentation water for the irrigation of marijuana or in furtherance of the cultivation of marijuana Should any contractee obtain a water allotment contract from the West Divide Water Conservancy District for the augmentation or irrigation of marijuana or in furtherance of the cultivation of marijuana, any and all such water shall be deemed to come from the non-Federal sources referenced above. 5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this Contract. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the 2 [Att-Q, p9 /12] 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 the application for consideration by the District. Annual payment for the water service described herein shall be determined by the Board of Directors of the District. The initial annual payment shall be made in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January l. If an annual payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail, return receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this Contract or Application. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within fifteen ( 15) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or interest under this Contract without further notice, and delivery may be immediately curtailed. The allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this water allotment Contract with the District, the District shall notify the Division of Water Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use. 7. Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement oflegal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment: This Contract shall not inure to the benefit of the heirs, successors or assigns of Applicant, without the prior written consent of the District's Board of Directors. Any assignment of Applicant's rights under this Contract shall be subject to, and must comply with, such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and filing of proper forms for assignment and change of ownership. In the event the water allotted pursuant to this Contract is to be used for the benefit ofland which is now or will subsequently be subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunder to: l) No more than three separate owners all of whom shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association, water district, water and sanitation district or other special district properly organized and existing under the laws of the State of Colorado, and then, only if such parties, association or special district establishes to the satisfaction of the District that it has the ability and authority to perform the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this 3 [Att-Q, p10 /12] Contract have any rights hereunder, except as such rights may exist pursuant to a well sharing agreement or through a homeowners association or special district as provided above. Upon the sale of the real property to which this Contract pertains, Applicant shall make buyer aware of this Contract and proper forms for assignment and change of ownership must be completed. 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. l 0. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under tenns and conditions determined by the board of Directors of the District, if and when, the Board of said District determines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. 11. Change of Use: The District reserves the exclusive right to review, re-approve or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this Contract is executed, or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict actual diversions to not exceed the contract amount for ordinary household purposes, the watering of domestic livestock, fire protection, and the irrigation of lawn and garden as specified in the Application. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering, provided that in no event shall actual diversions exceed the amount of water provided by this Contract. Violation of this paragraph 15 shall be deemed to be a material breach of this Contract. 16. Well Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of 4 [Att-Q, p11 /12] Applicant's valid well permit before District is obligated to deliver any water hereunder. 17. Measuring Device or Meter: Applicant agrees to provide, at its own expense, a measuring device deemed acceptable by the District's Engineer after consultation, or a totalizing flow meter with remote readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicant's water right and the terms of this Contract. Applicant agrees to provide accurate readings from such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours for the purposes of determining Applicant's actual use of water. 18. Representations: By executing this Contract, Applicant agrees that it is not relying on any legal or engineering advice that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained all necessary legal and engineering advice from Applicant's own sources other than the District. Applicant further acknowledges that the District makes no guarantees, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this Contract. Should the District be unable to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 19. Costs of Water Court Filing and Augmentation Plan: Should the District, in its own discretion, choose to include Applicant's Contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceedings. Applicant shall be assessed a pro-rata share of the total cost incurred by the District in preparing, filing and pursuing to decree the water court case. The pro-rata share shall be calculated by dividing such total cost by the number of contractees included in the filing. To the extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicant's Contract in the filing, such additional costs may be charged specifically to Applicant and not shared on a pro-rata basis by all contractees. 20. Binding Agreement: This agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. All correspondence from the District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terms and conditions of this agreement. 21. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN AV ALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPL YING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. 22. AREA B. CONTRACTS: IF APPLICANTS WELL OR OTHER WATER RIGHT THAT IS THE SUBJECT OF THIS CONTRACT IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT, THEN THIS PARAGRAPH APPLIES: THE AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANT'S WATER RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER 5 [Att-Q, p12 /12] SENIOR RIGHT. NO REPRESENTATION OTHE RWI SE IS MADE BY THE DISTRI CT. IF THIS IS A CONCERN TO A PPLI CANT, THIS CONTRACT MAY BE RESCINDED UPON WRITT EN NOTICE DELIVERED TO THE DI STRJCT BY THE APPLI CANT WITHIN THE NEXT DAYS FOLLOW ING T AFFIXING OF SIGNATURES ON THIS CONTRACT IN WHICH EVENT ALL SUMS PAID BY SHALL BE IM MED IATELY REFUNDED TO APPLICANT. · pp li cant TAMAR NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20164014306 COUNTY OF GGl\,5'--e,ld ) ss. MY COMMISSION EXPIRES MAY 05, 2024 The foregoing instrument was acknowledged befo re me on th is / L{ _L---1l:tf-"l'Yl....-(.,.,"'-'-Q..___._h_,O"-~+-e-=--'-/ _______ . Witness my hand and oflici 2) by STATE OF ________ _, ) ss. COUNTY OF ______ __, The fo re going instrument was acknow ledged before me on this __ day of ________ ~ 20 ___ _, by ________________ . Witn ess my hand and offic ial seal. My commiss ion expires: _________ _ No tary Pu bli c ORDER After a hearing by th e Board of Directors of the West Divide Water Conservancy District on th e App lic atio n, it is hereby ORD ERED th at said App li cat ion be grant ed and thi s Con tract sha ll be and is accepted by the District. •m4r ~ Smaruy 1 8 :ESTDJVIDE.-r.J..---7.,,, ONSERVA~ President Date --- This Contract includes and is subject to the terms and cond itions of the follow in g documents which must accomp any this Co ntract: I . Map showing location of point of diversion (use map provided) 2. Appl ic at ion and Data Form fully completed and s igned The printed portio ns of this form, except differentiat e d additions or dele tion s, have heen approved and adopted by the West Divide Wat er Conservancy District. Form: WDWCD O 1-0 1-08 CONTRA C r . 6 Attachment-R, page 1 of 15 SG$ Wheat Ridge, CO --~------------- The results set forth herein are provided by SGS North America Inc. Technical Report for Lyman Fogel Feb. 22nd Order SGS Job Number: DA42306 Sampling Date: 02/25/22 Report to: Lyman Fogel 501 Ingersoll Lane Silt, CO 81652 lyman@fogel.org ATTN: Lyman Fogel Total number of pages in report: 15 e-Hardcopy 2.0 Automated Report Test results contained within this data package meet the requirements of the National Environmental Laboratory Accreditation Program and /or sta te specific certification programs as applicable. Jason Savoie General Manager Client Service contact: John Barnhill 303-425-6021 Certifications: CO (CO00049), NE (NE-OS -0 6-04), ND (R-027), UT (NELAP CO00049) LA (LA l5 0028), TX (TI047045I I), WY (8TMS-L), HI (CO00049), NJ (COOi i) This report shall not be reproduced , except in its entirety, without the written approval of SGS . Test results relate only to sa mples analyzed. SGS North America Inc. • 4036 Youngfield St. • Wheat Ridge, CO 80033 -3862 • tel: 303 -4 25 -6021 fax: 303-425-6854 SGS is the sole authority for authorizing edits or modifications to this document. Unauthorized modification of this report is strictly prohibited. Review standard terms at: http://www.sgs.com/en/terms-and-conditions Please share your ideas about how we can serve you better at: EHS. US .CustomerCare@ sgs.com SG$ 1 of 15 DA42306 Att.R p2 of 12 SG$ Att.R p3 of 12 I SGS North America Inc . Sample Summary Lyman Fogel Job No: DA42306 Feb . 22nd Order Sample Collected Matrix Client Number Date Time By Received Code Type Sample ID DA42306 -l 02 /25 /22 06 :20 LF 02 /25 /22 AQ Water HOUSE KITCHEN DA42306 -IA 02 /25 /22 06 :20 LF 02 /25 /22 AQ Water HOUSE KITCHEN DA42306 -1X 02 /25 /22 06 :20 LF 02 /2 5/22 AQ Water HOUSE KITCHEN SG$ 3 of 15 DA42306 Att.R p4 of 12 Summary of Hits Job Number: DA42306 Account: Project: Collected: Lyman Fogel Feb. 22nd Order 02 /25 /22 Lab Sample ID Client Sample ID Result/ ~~~ ~~ DA42306-1 HOUSE KITCHEN Calcium 36300 Copper 8.2 Magnesium 383 Manganese 52.0 Sodium 502000 Uranium 31.9 Zinc 35.3 Fluoride 0.61 Chloride 27.6 Nitrogen , Nitrate 0.14 Sulfate 713 Alkalinity , Total as CaCO3 404 Corrosivity, Langlier Index 0.6 Hardness , Calcium a 90.6 Hardness, Total as CaCO3 b 92.2 Solids, Total Disso lved 1510 Specific Conductivity 2080 pH C 7.92 Temperature (Field) 20 DA42306-1A HOUSE KITCHEN Calcium 32.5 Sodium 501 Sodium Adsorption Ratio d 24.0 RL MDL 400 4 .0 200 2 .0 400 0.40 20 0 .50 2 .5 0 .050 13 5 .0 1.0 1.8 10 1.0 2 .0 2 .0 (a) Calculated as : (Calcium* 2.497) to convert to Calcium Carbonate (b) Calcu lated as: (Calcium* 2.497) + (Magnesium* 4.118) (c) Field parameter analyzed by the laboratory upon request. (d) Calculated as: (Na meq/L) I sqrt [(Ca meq /L)+(Mg meq /L)/2] Page 1 of 1 I Units Method ug/1 EPA 200 .7 ug /1 EPA 200.8 ug/1 EPA 200 .7 ug /1 EPA 200.8 ug /1 EPA 200.7 ug/1 EPA 200 .8 ug/1 EPA 200.8 mg/I EPA300.0 mg/I EPA300.0 mg/I EPA300 .0 mg /I EPA300.0 mg/I SM 2320B -2011 SM 203, 1985 mg /I SM 2340B-2011 mg/I SM 2340B -2011 mg/I SM 2540C -2011 umhos /cm SM 2510B -2011 SU SM4500HB + -20 l l/9040C Deg . C FIELD mg/I SW846 6010C mg/I SW846 601 0C ratio USDA HANDBOOK 60 SG$ 4 of 15 DA42306 Att.R p5 of 12 SG$ Wheat Ridge, co_~-------- Section 311 Sample Results Report of Analysis SG$ 5 of 15 DA42306 Att.R p6 of 12 SGS North America Inc . Report of Analysis Page l of l w .... Client Sample ID: HOUSE KITCHEN II Lab Sample ID: DA42306-l Date Sampled: 02 /25 /22 Matrix: AQ -Water Date Received: 02 /25 /22 Percent Solids: n/a Project: Feb. 22nd Order Total Metals Analysis Analyte Result RL Units DF Prep Analyzed By Method Prep Method Arsenic <0.40 0.40 ug/1 2 02/28/22 02 /28 /22 CG EPA 200.8 I EPA 200.8 3 Cadmium <0.20 0.20 ug/1 2 02 /28 /22 02 /28 /22 CG EPA 200.8 I EPA 200.8 3 Calcium 36300 400 ug/1 03 /05 /22 03 /05 /22 CH EPA 200 .7 2 EPA 200 .7 4 Copper 8.2 4.0 ug/1 2 02 /28 /22 02 /28 /22 CG EPA 200.8 I EPA 200.8 3 Iron <10 10 ug/1 03 /05 /22 03 /05/22 CH EPA200.7 2 EPA 200.7 4 Lead < 1.0 1.0 ug/1 2 02 /28 /22 02 /28 /22 CG EPA 200 .8 I EPA 200 .8 3 Magnesium 383 200 ug/1 1 03 /05 /22 03 /05 /22 CH EPA 200 .7 2 EPA 200 .7 4 Manganese 52.0 2.0 ug/1 2 02 /28/22 02 /28 /22 CG EPA 200.8 I EPA 200.8 3 Sodium 502000 400 ug/1 03 /05 /22 03 /05 /22 CH EPA 200.7 2 EPA 200.7 4 Uranium 31.9 0.40 ug/1 2 02 /28 /22 02 /28 /22 CG EPA 200 .8 I EPA 200 .8 3 Zinc 35.3 20 ug/1 2 02 /28 /22 02 /28 /22 CG EPA 200.8 I EPA 200.8 3 (1) Instrument QC Batch: MA14744 (2) Instrument QC Batch: MA14762 (3) Prep QC Batch : MP34357 (4) Prep QC Batch: MP34381 RL = Reporting Limit SG$ 6 of 15 DA42306 Att.R p7 of 12 SGS North America Inc . Rep ort of Analysis Client Sample ID: HOUSE KITCHEN Lab Sample ID: DA42306 -l Matrix: AQ -Water Project: Feb. 22nd Order General Chemistry Analyte Result RL Units DF 300.0 Fluoride 0.61 0 .50 mg /I 5 Chloride 27.6 2 .5 mg /I 5 Nitrogen , Nitrite a < 0 .020 0 .020 mg /I 5 Nitrogen , Nitrate 0.14 0 .050 mg /I 5 Sulfate 713 13 mg /I 25 Alkalinity, Total as CaCO3 404 5 .0 mg /I Corrosivity, Langlier Index 0.6 Hardness, Calcium b 90.6 1.0 mg /I Hardness, Total as CaCO3 c 92 .2 1.8 mg /I Solids , Total Dissolved 1510 10 mg /I Specific Conductivity 2080 1.0 umhos/cm pHd 7.92 SU Field Parameters Temperature (Field) 20 Deg . C (a) Elevated detection limit due to matrix interference. (b) Calculated as: (Calcium* 2.497) to convert to Calcium Carbonate (c) Calculated as: (Calcium* 2.497) +(Magnesium* 4.118) (d) Field parameter analyzed by the laboratory upon request. RL = Reporting Limit Page l of l Date Samp led: 02 /25 /22 Date Received : 02 /25 /22 Percent Solids: n/a Analyzed By Method 02 /25 /22 10:45 EA E PA300.0 02 /25 /22 10:45 EA E PA300 .0 02 /25 /22 10 :45 EA EPA300.0 02 /25 /22 10:45 EA EPA300.0 02 /25 /22 10:58 EA E PA300 .0 02 /28 /22 OM SM 2320B-2011 03 /05 /22 19:47 CH SM 203 , 1985 03 /05 /22 19:47 CH SM 2340B-201 I 03 /05 /22 19:47 CH SM 2340B-2011 03 /02 /22 DM SM 2540C-201 l 03 /01/22 CP SM 2510B-20 I I .... II 02 /25 /22 DM SM4500HB +-201 l/9040C 02 /25 /22 06:20 SUB FIELD SG$ 7 of 15 DA42306 Att.R p8 of 12 SGS North America Inc . Report of Analysis Page l of l Client Sample ID: HOUSE KITCHEN Lab Sample ID: DA42306-1A Matrix: AQ -Water Project: Feb. 22nd Order SAR Metals Analysis Analyte Result RL Calcium 32 .5 2.0 Magnesium < 1.0 1.0 Sodium 501 2.0 (I) Instrument QC Batch: MAl4797 (2) Prep QC Batch : MP344 l 7 RL = Reporting Limit Date Sampled: 02 /25 /22 Date Received: 02 /25 /22 Percent Solids: n/a Units DF Prep Analyzed By Method Prep Method SW846 30 I 0A/M 2 SW846 30 I 0A /M 2 SW846 3010A/M 2 mg/I mg /I mg/I 03/11/22 03/11/22 CH 03/11/22 03/11/22 CH 03/11/22 03 / 11/22 CH SW846 6010C I SW846 60!0C I SW846 60!0C I SG$ II 8 of 15 DA42306 Att.R p9 of 12 SGS North America Inc . Report of Analysis Client Sample ID: HOUSE KITCHEN Lab Sample ID: DA42306-1A Matrix: AQ -Water Project: Feb. 22nd Order General Chemistry Analyte Result RL Units DF Sodium Adsorption Ratio a 24 .0 ratio (a) Calculated as: (Na meq/L) / sqrt [(Ca meq/L)+(Mg meq/L)/2] RL = Reporting Limit Date Sampled: 02 /25 /22 Date Received: 02 /25 /22 Percent Solids: n/a Page l of l Analyzed By Method 03 / 11 /22 18 : 19 CH USDA HA N DBOOK 60 SG$ II 9 of 15 DA42306 Att.R p10 of 12 SG$ Wheat Ridge, CO Section 4 II Subcontract Lab Data Report of Analysis SG$ 10 of 15 DA42306 Att.R p11 of 12 industrial LABORATORIES Industrial Laboratories is your independent, third-party analytical testing laboratory To: SGS North America 4036 Youngfield St Wheat Ridge, CO 80033 SampleCode Client Sample ID Test Method 22022510-0 I A DA42306X-l . 2/25 /22 , 6 :20am Digitally Signed By : Kathie Inman Fecal Coliforms by Quanti-Tray § IL-MIC-M-062 / SMEWW 9223 B(b) Fecal Colifonns Date : 2/28/2022 4 :07 :07PM MT Test Report Report # Rpt-220228016 Date Reported : 2/28/2022 Date Received : 2/25/2022 Client PO : DA42306X Result Units <I MPN/lOOmL Date Analyzed LH 2/25 /2022 17 :08 Client Services/Sales # = Subcontracted Analysis * = Scope Analysis Measurement of Uncertainty for Scope methods are available upon request. :I: = Case Narrative on Sample Samples received In good condition unless otherwise noted In case narrative §=M icrob iological testing performed at 6116 E Warren Ave., Denver, CO 80222 4046 Youngfield Street • Wheat Ridge, Colorado 80033. (303) 287-9691 • (303) 287-0964 FAX • www.industriallabs.net Receipt of analysis acknowledges the terms and conditions, which can be found at www.industriallabs.net This report is not to be reproduced in whole or in part for advertising purposes without obtaining prior written authorization. Page 1 of 1 SG$ Garfield Feb. 24, 2022 Fogel Minor Subdivision Lyman Fogel 501 Ingersoll Lane Silt, CO 81652 970-948-0600 lyman@fogel.org NW of SW 30 5 91w 39.585284608 107.65585541 Attachment-T, page 1 of 2 - Att-T p2 /2 12 Lyman Fogel Fogel Minor Subdivision Lyman Fogel 970 948-0600 501 Ingersoll Lane Silt CO 81652 lyman@fogel.org Lyman Fogel ce Garfield County I PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") ___________ _ ----------------------------------agree as follows : 1. The Applicant has subm itted to the County an application for the following Project: ___ _ 2. The Applicant understands and agrees that Garfiel d County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the gu idelines for the administ ration of the fee st ructure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible a t th is time to ascertain the f u ll extent of the costs involved in processing the appl ic ation. The Appl icant agrees to make payment of the Base Fee, established for the Project, and to thereafter perm it additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4 . The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determ ined necessary by the Board of County Commissioners for the considerati on of an appli cation o r additional County staff time or expense not covered by the Base Fee. If actua l recorded costs exceed the initial Base Fee, the App lica nt shall pay additional billings to the County to reimb u rse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prio r t o the final consideration by the County of any Land Use Change or Di vision of Land. I hereby agree t o pay all f e es r elate d to this appli cation: Billing Contact Person: _________________ Phone:( __ ) ________ _ Billing Contact Address:------------------------------- City: _____________________ Stat e: ___ Zip Code: ______ _ Billing Contact Email:-------------------------------- Printed Name of Person Authorized to Sign: ______________________ _ (Signatu re ) (Date) Attachment-V, page 1 of 9I( A Kumar & Associates, Inc.® + Geotechnical and Materials Engineers and Environmental Scientists An Employee Owned Company Att-V, p2 of 9 Att-V, p3 of 9 Att-V, p4 of 9 Att-V, p5 of 9 Att-V, p6 of 9- 4 - minimum horizontal setbacks to OWTS components. Refer to the Garfield County Regulations for a complete list of required setbacks. T bl 1 C a e -ommon M". 1mmum orizon a e ac s rom H. tlStb kf: OWTSC t omponen s Water Lake, Dry Wells Supply Occupied Lined Irrigation Ditch Septic Line Dwelling Ditch Ditch, or Tank Stream Gulch STA 100' 25' 20' 10' 50' 25 ' 5' Septic Tank 50' 10' 5' 10' 50' 10' - Building 50' 5' O' 10' 50' 10' -Sewer Please contact us for any necessary revisions or discussion after review of this report by Garfield County. If you have any questions, or ifwe may be of further assistance, please let us know . Respectfully Submitted, Kumar & Associates, Inc. Shane M. Mello, Staff Engineer David A. Young SMM/kac Kumar & Associates, Inc. Project No. 21-7-282 Att-V, p7 of 9 x _x -x -x -x PROPOSED SOIL TREATMENT AREA (STA) CONSISTING OF 4 ROWS OF 25 INFILTRATOR QUICK4 PLUS STANDARD CHAMBERS . 100 CHAMBERS TOTAL SIZED FOR 7 BEDROOMS WITH PRESSURE DOSING . r LOT Wood Deck w /Stairs 5985--___/ 21-7-282 --- -- PROFILE PIT 2 -- -- I ~ __J \ 5995 / PROFILE ' PIT 1 ' / I 'dge SETBACK TO GATION DITCH 1 00' SETBACK TO WELL -r-----Irrigation Box Te lephone Pe d estal & Wate r Spigot Propo s ed Lot Line 3 5. O' Easem e nt Eas t Late ral Farme rs Irrigation Company Created with this Plat LOT B ~ -w --30 0 30 SCALE-FEET PRELIMINARY OWTS SITE PLAN 60 Fig. 1 3 5.0 Att-V, p8 of 9( :---, HYDROMETER ANALYSIS SIEVE ANALYSIS TIME READINGS ,. ,J U.S. STANDARD SERIES CL.EA.R SQUARE OPENINGS 5•5• J. 2, HRS 7 HRS 3/4• 1 1/2" 100 4!I MIN 15 UOM 60MIN 19MIN 4MIN 325 •uo •so •35 •1s ., '4 3 s · 3• 0 90 -10 ---80 20 I I I 70 I 30 I I I I 60 I 40 I a I a I 50 I 50 !;. I !;. I i I !:! I 40 I 60 It! 30 I 70 -- 20 80 10 90 0 100 .001 .002 .005 .009 .019 .037 .106 .250 .500 1.00 2.00 4.75 9.5 19 38.1 76.2 127 200 I .045 152 1 DIAMETER OF PARTICLES IN MILLIMETERS I I I I I I I I I I I .002 mm .02 .05 .1 .25 .5 1 2 mm 5 20 76 SAMPLE OF : SANDY LOAM FROM: PROFILE PIT 1 AT 3 TO 4 FEET ENTIRE SAMPLE GRAIN SIZE PARTICLE SIZE DISTRIBUTION % (mm) SIEVE SIZE % FINER COBBLES 0 127.00 5" 100 GRAVEL 0 76.00 3" 100 SAND 61 38.10 1-1/2" 100 SILT 29 19.05 3/4" 100 CLAY 10 9.50 3/8" 100 4.75 #4 100 2.00 #10 100 1.00 #18 98 PORTION OF SAMPLE 0.50 #35 92 PASSING #10 SIEVE 0.25 #60 81 0 .106 #140 58 PARTICLE SIZE DISTRIBUTION % 0.045 #325 39 SAND 61 SILT 29 CLAY 10 TOTAL SAMPLE RETAINED ON #10 SIEVE : 0% GRAIN SIZE TIME PASSED (mm) (min) % FINER PERCENT OF MATERIAL RETAINED ON #10 SIEVE PASSING 3/4" SIEVE: N/A 0.037 1 32 0 .019 4 23 0.009 19 17 0.005 60 13 0.002 435 10 0 .001 1545 6 NOTE: Hydrometer Analysis was performed on a These test results apply only to the samples which were tested. The bulk sample following screening of all material testing report shall not be reproduced, larger than the #10 sieve (2.0 mm) per USDA except In full, without the written guidelines. approval of Kumar & Associates, Inc. Sieve analysis testing Is performed in accordance with ASTM D422, ASTM C136 and/or ASTM 01140. 21-7-282 USDA GRADATION TEST RESULTS Fig. 2 Att-V, p9 of 9 owrs SOIL TREATMENT AREA CALCULATIONS In accordance with the Garfield County OWTS Regulations and the Colorado Department of Pubic Health and Environment's Regulation #43, the soil treatment area was catulated as follows: CALCULATION OF owrs DESIGN FLOW: Q = (F)(N) N = 2 PERSONS PER BEDROOM FOR FIRST 3 BEDROOMS AND 1 PERSON PER BEDROOM FOR EACH ADDITIONAL BEDROOM WHERE: Q = DESIGN FLOW F = AVERAGE FLOW PER PERSON PER DAY B = NUMBER OF BEDROOMS N = NUMBER OF PERSONS F = B= N= Q= CALCULATION OF OWTS SOIL TREATMENT AREA: MINIUMUM TREATMENT AREA= Q + LTAR WHERE: Q= LTAR (SOIL TYPE 3) = MINIMUM SOIL TREATMENT AREA = REDUCTION FACTOR FOR PRESSURE DOSING TO TRENCH= REDUCTION FACTOR FOR CHAM BERS = MINIMUM SOIL TREATMENT AREA WITH REDUCTION = AREA PER INFILTRATOR QUICK 4 STANDARD CHAMBER= TOTAL CHAMBERS NEEDED= NUMBER OF TRENCHES= CHAMBERS PER TRENCH = TOTAL NUMBER OF CHAMBERS AS DESIGNED= TOTAL SOIL TREATMENT AREA = 75 GALLONS PER DAY 7 BEDROOMS 10 PERSONS 750 GALLONS PER DAY 750 GALLONS PER DAY 0.35 GALLONS/FT2/DAY 2142.9 SQUARE FEET 0.80 0.70 1200 SQUARE FEET 12 SQUARE FEET 100 CHAMBERS 4 TRENCHES 25 CHAMBERS 100 CHAMBERS 1200 SQUARE FEET 21-7-282 SOIL TREATMENT AREA CALCULATIONS Fig. 3 6/13/2022 ParcelId OwnerName OwnerAddress1 OwnerCityStZip R200240 DICE, TRAVIS J & KUEMMERLE, LAURA J 421 County Road 250 SILT CO 81652 R200363 ARMSTRONG, HARVEY W & SUSAN 413 INGERSOLL LANE SILT CO 81652-9571 R200365 FOGEL, LYMAN 501 INGERSOLL LANE SILT CO 81652 R200419 ZANG FAMILY TRUST 415 COUNTY ROAD 250 SILT CO 81652 R200730 BUREAU OF LAND MANAGEMENT 2300 RIVER FRONTAGE ROAD SILT CO 81652 R200146 MORGAN, MARTIN J & SHARON K 193 INGERSOLL LANE SILT CO 816529571 R200714 LUEDKE, DENNIS A LIVING TRUST; LUEDKE, D 191 INGERSOL LANE SILT CO 81652 R200364 Charles and Dawn Neely 267 Ingersoll lane Silt CO 81652 Fogel Minor Subdivision Application list of adjacent property owners for notification. (MISA-05-22-8897)Attachment K --Amended to include parcel ID# R200364