Loading...
HomeMy WebLinkAbout1.0 ApplicationAPPLICATION Special Use Permit GARFIELD COUNTY PLANNING DEPARTMENT 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Telephone: 970-945-8212 Facsimile: 970-3 84-3470 Submittal Date: December 13 , 2001 Base Fee: $400.00 .DECEIVED DEC 1 3 2001 Applicant: _ Peter & Eileen Gilbert: Mailing; 610 West End Ave. Apt. 12c, New York, NY.10024 Address of Appiicant:4480CR100, Carbondale, CO 8162,-2 , phone: 970-963-8459 Special Use Being Requested: Accessory Dwelling Zone District: ARRD Size of Property: 35.836 Application Requirements: These items must be submitted with the application 1.) Plans and specifications for the proposed use including the hours of operation, the amount of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size of any existing or proposed structures that will be utilized in conjunction with the proposed use. Please submit this information in narrative form and be specific. 2.) If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan. 3.) A map drawn to scale portraying your property, all structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4.) A vicinity map, showing slope of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. 5.) A copy of the appropriate portion of a Garfield County Assessor's Map showing all public and private landowners adjacent to your property. Include a list of all property owners and their addresses. 6.) Attach a copy of the deed and a legal description of the property. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 7.) For all applications pertaining to airports, the oil and gas industry, power generation and/or transmission industry, or any other classified industrial operation, you must submit an impact statement consistent with the requirements of Sections 5.03, paragraphs 1 thru 3; 5.03.07, , ine us i e The consideration of this proposed Special Use will require at least one (1) public hearing for which public notice must be provided. The Planning Department will mail you information concerning this hearing(s), approximately 30 days prior to the scheduled hearing. You will then be required to notify, by certified return receipt mail, all adjacent landowners and publish the notice provided by the Planning Department, in a newspaper of general circulation. Both these notices must be mailed/published at least 15 days prior to the public hearing. The applicant shall bear the cost of mailing and publication and proof of mailing and publication must be submitted at the time of public hearing. The info containewithi , his application is complete and correct, to the best of my knowledge: Applicant: 'l Date: 12/13/01 .***Please sukxn. three (3) COMPLETE sets of applicaticn & supporting information at submittal. additional copies will be necessary when application goes to the Board of County Commissioners and/or Planning Cccmission. GENERAL CONTRACTORS) December 13, 2001 - - Mar -- - - Garfield County Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Hand Delivered Thirty-five pages total Re: Special Use Permit Application For Lot 4 Los Pinones Subdivision Please find attached the application for a special use permit to construct a barn/caretaker unit for Peter & Aileen Gilbert, 4480 County Road 100, Carbondale, CO. We have submitted this information ordered in the format of the special use permit application provided to us. All of the documents included are numbered in like fashion. #1 — Letter from our firm dated 12/12/01. #2 — Copy of the well permit & a letter from Sopris Engineering explaining our plan for water usage and wastewater treatment. #3 — Copy of a map showing all roads within a mile (3A), a plat of Lot 4 showing the existing residence and the proposed barn/caretaker unit (3B). We are also including a copy of the Protective Covenants for Los Pinones Subdivision to show that this structure is allowed where it is proposed (3C) (Article III, Section d.). . #4 — Vicinity map (1:24,000) showing slope of the property. #5 — Copy of the Garfield County Assessors map showing the property and all the adjacent landowners. #6 — Copy of the deed, legal description of the property and a letter from the owners giving us permission to act on their behalf. #7 — Does not apply to this application. Please contact us immediately if the information provided is incomplete or if you have any questions regarding this application. Thank you, )27_cl„ Rodney McGowen cc: Mike & Peter Gilbert 174 Flying Fish Road • Carbondale, CO 81623 • (970) 963-8639 FAX (970) 963-5909 E-MAIL- bhgc@rof.net :GENERAL CONTRACTORS December 12, 2001 Application Requirement #1 Garfield County Planning Department 109 Eight Street Suite 303 Glenwood Springs, CO 81601 RE: Special Use Application for 4480 County Road 100 Carbondale This letter is in response to the request for a narrative description of the proposed structure in item #1 on the application for special use from Garfield County. The proposed structure is a two-story structure consisting of a barn on the ground level and a caretaker unit on the upper level. The ground level barn will have a building footprint measuring 28' x 44'. The upper floor caretaker unit will have a footprint of approximately 22' x 38'. The caretaker unit will have two bedrooms and one bathroom The structure will be stick framed with a roof pitch of 12/12. The structure will have an engineered ISDS that will be designed in compliance with the Garfield County Codes. With regard to the amount of vehicular traffic on a daily, weekly or monthly basis, the traffic will be consistent with the use of the caretaker unit by a one or two person family having one or two vehicles. The hours of operation will also be consistent with the use of a caretaker unit with a one or two person family. Thank you i Steve Eichhorst Project Manager for B & H General Contractors 174 Flying Fish Road • Carbondale, CO 81623 • (970) 963-8639 FAX (970) 963-5909 E-MAIL- bhgc@rof, net -OM No. GWS -25 urri�.t 01- 1 HE STATE ENGINEER COLORADO DIVV -IN OF WATER RESOURCES 818 Centennial Bldg., 131„ Sherman St., Denver. Colorado 80203 (303) 866-3581 Application <equirement #2 PETER GILBERT 255 SOUTHSIDE DRIVE. - BASALT, CO 81621 0"INER'S COPY 1095 WELL PERMIT NUMBER 2 2 13 0 2 DIV. 5 CNTY. 23 WD 38 DES. BASIN MD (970)927-3594 PERMIT TO USE /11d EXI )1 IN -WELL Lot: 4 8Iock: Filing: Subdiv: LOS PINONES APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NW 1/4 Section 30 Twp 7 S Rng 87 W 6th P.M. DISTANCES FROM SECTION LINES 2070 Ft. from NORTH Section Line 1222 Ft. from WEST Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2t The nnnstruction of this well shall be in compliance with the Water Wel! Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602)3))b){)I)(A) as the only weii on a tract of land of 35.8 acres described as lot 4, Los Pinones division of land, Garfieid County. 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside 3 single family dwellings, the irrigation of not more than one { 1) acre of home gardens and (awns, and the watering of domestic animals. GPM. The maximum pumping raze shall not exceed 15 GPM. 6) The return flow from the use of the well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 7) This well shall be constructed not more than 200 feet from the location specified on this permit, 8) Approved for the instaiiation of a pump in, and the use of, an existing well, constructed on 9119/97, to a depth of 400 feet, under monitoring hole notice MH -31649, acknowiedged 9/9/97. Note: MH -31649 was approved for the NW1/4, NE1/4 of section 30. 5/i1 4 1,19 APPROVED SAP Receipt No. State O' ee' DATE ISSUED NOV 0 51999EXPIRATION DATE NOV 05 2001 \to. GWS -7 1/97 STATE OF COLORADO JFFICE OF THE STATE ENGINEER 821 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 Fax (303) 866-3589 EXEMPT INFORMATION FOR WELL PERMITS APPROVED PURSUANT TO CRS 37-92-602 (HOUSEHOLD, DOMESTIC, LIVESTOCK AND EXEMPT COMMERCIAL USES) Carefully read the conditions of approval on your well permit. The conditions and the information on this information sheet must be complied with in order for the permit to remain valid. THE ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT. A STATEMENT OF BENEFICIAL USE FOR THIS TYPE OF WELL IS NOT REQUIRED. THE PERMIT EXPIRATION DATE IS TWO YEARS FROM THE DATE ISSUED. The well must be constructed and evidence of it's construction must be received by this office in the fort of a Well Construction and Test report from the well construction contractor confirming that the well was constructed prior to expiration of the well permit. The well permit number is located in the upper right hand corner of the permit, and the expiration date is located in the lower right hand corner. The expiration date of the permit may be extended one year at a time at -the discretion of the State Engineer for goad cause shown. If an extension of time is necessary to construct the well, you must file a written request for the extension which must be received by this office odor to the expiration date. No fee is required for this type of permit extension. The request must state why the well has not been constructed, and include an estimate of when the well will be constructed Water well construction and pump installation contractors am specifically licensed in Colorado to perform these specialized tasks. It is illegal for contractors who do not hold these licenses to construct wells and install pumping equipment in or on wells. The well must be constructed and the pump installed by contractors with current license(s) issued by the State of Colorado unless exempted as described on the reverse side. The well construction report including a test of the well yield must be submitted to the office of the State Engineer within sixty (60) days of completion of the work or within seven days after expiration of the permit, whichever is earlier. The pump installation report including a pumping system test must be submitted within sixty (60) days of completion of the work. The contractor(s) must provide you with a copy of the work report(s) filed with the State Engineer. The Weil Construction and Test Report, Form Number GWS -31 and the Pump Installation and Test Report, Form Number GWS -32 are available from the Division of. Water Resources offices. Additional information regarding well construction, pump installation, required testing and well plugging and sealing regulations are found on the reverse side of this sheet. You have been provided with copies of the well permit. The owners copy is for your records. There is also a copy for the pump installation contractor. Copies have been sent to the driller if you indicated a driller license number on the application, or those two copies are also enclosed. You may make additional copies for the well construction contractor if you select a different well construction contractor. DO NOT GIVE YOUR "OWNER'S COPY" TO THE CONTRACTOR. The original permit is on file in the Denver office Records Section. Copies may be obtained for a fee Of 50 cents per page. Statutes require that any change of mailing address or ownership be reported to the State Engineer. Farm number GWS -11 is used both by new owners to report ownership changes and current owners to report address changes. If you have questions, contact the Denver Office, or the Division Office in the area where your well is located. DIVISION 1 800 8th Ave Rm 321 Greeley CO 80631 (303) 352-8712 DIVISION $ Box 396 50633 US Hwy 6 & 24 Glnwd Spgs CO 31601 (970) 945-5665 DIVISION 2 Box 5728 310 E Abriendo Suite B Pueblo CO 81004 (719) 542-3368 DIVISION 6 Box 773450 625 So. Lincoln Ave. Stmbt Spgs CO 80477 (970) 879-0272 DIVISION 3 Box 269 422 4th St Alamosa CO 81101 (719) 589-6683 DIVISION 7 Box 1880 1474 Main St Durango CO 81302 (970) 247-1845 DIVISION 4 Sox 456 1540 E Niagara Montrose CO 81402 (970) 249-6622 DENVER OFFICE Rm 821 1313 Sherman St Denver CO 80203 (303)866-3581 /ELL CONSTRUCTION AND PUMP INSTALLATION BY THE WELL OWNER You may construct the well anL install the pump yourself if the well is for , .ur own use, is on property you own, and is constructed or pumping equipment is installed with equipment owned and operated by you. It is your responsibility to complete and submit the Well Construction and Test Report, Form Number GWS -31 andlor the Pump Installation and Test Report, Form Number GWS -32. These forms are available from our offices. The well must be constructed and the pump installed in accordance with the well construction standards of the State Board of Examiners of Water Well Construction and Pump Installation Contractors. Water Well Construction Rules are available from Division of Water Resources offices for a fee of $3.00. The Rules ler the minimum requirements for well construction, pump installation, disinfection, plugging and sealing and include contractor licensing regulations. If you are constructing your own well or installing pumping equipment, it is recommended that you obtain a copy of these Rules for reference. RUI..E 14 WELL. TESTING 14.1 General - The provisions of this rule establish• minimum standards for the testing of water wells. Every well constructed for the purpose of producing ground water shall be tested to determine: a. a yield test for the well; and b. • the production rate of the equipment installed when the well is placed into service. 14.3— - WelTYisfd-Test = The yield era' well -Shall tie deterrniffed as rstabW, e f tlisclion rate wnerefhe vrl—ffidrawa7 rate and the drawdown do not change by more than 10 % during the last hour of the test. The test shall demonstrate that either a. the well is capable of producing the permitted pumping rate for the well; or b. that the maximum yield of the well is less than the permitted production rate. 14.3 Responsibility for Well Yield Test - Well construction contractors are responsible for performing the well yield test and submitting the test data to the State Engineer. If the construction contractor also installs the production equipment, the well yield test may be combined with the production equipment test, provided that the test meets the requirements of Rule 14.2. The construction contractor may forgo the well yield test if he can show that a licensed pump installer will perform the well yield test with the perrnanent production equipment within 60 days of his drilling of the well. 14.4 Production Equipment Test - The production equipment installed in wells shall be tested to make sure it is functioning as designed. The test shall demonstrate the production capacity of the equipment as actually installed in the well or that the production from the well complies with the conditions of the permit, whichever is less. 14.5 Responsibility for Production Equipment Test - Pump installation contractors are responsible far testing the production equipment installed in a well upon completion of their work. If the well construction contractor deterrnined the well yield and submitted a report, the pump installer need not perforrn another well yield test. If the pump installer does not perform a well yield test with the permanent production equipment, he shall perform a production equipment test and report the data (results) to the State Engineer. Wells to be plugged and sealed must be plugged in accordance with of the Water Well Construction Rules. A Well Abandonment Report, farm number GWS -9 must be submitted to confirm plugging and sealing of the well. This . form.is available from.ouroff7ces—The_generaLRule_for-plugging and sealing_wells_is.printed.belew. The specific rules - are found on the reverse side of the Well Abandonment Report form. RULE 15 STANDARDS FOR PLUGGING AND SEALING WELLS AND WELL. EXCAVATIONS 15.1 General - The plugging and sealing of all wells, monitoring and observation wells, monitoring and observation holes, and test holes, which are no longer intended to be used, is necessary to prevent contamination of ground water and the migration of water through the unused borehole. It is the ultimate responsibility of the well owner to have a well properly plugged and sealed. The well construction contractor or authorized individual is responsible for notifying the well owner of these plugging requirements. Persons authorized to install pumping equipment may plug and seal wells which do not require the removal of casing from more than one aquifer or the ripping or perforating of casing opposite confining layers. All materials used far backfilling shall be clean and free from contaminants. The well casing may be cut off below land surface so that it will not interfere with the anticipated use of the land. If the casing is cut off below Land surface, a watertight cover shall be permanently attached to the remaining casing and the excavation shall be filled with materials which are not more permeable than the surrounding soils. • oet-it• evk Note 7671 Rodney McGowen B & H Contractors Russell Residence 5317 County Road 154, Suite 2 Glenwood Springs, CO 81601 P.01 December 12, 2001 RE: Gilbert Residence Caretaker Unit — Proposed Water Utilization and Treatment, 4480 County Road 100, Carbondale, CO, Lot 4, Lot 4, Los Pinones Subdivision, Garfield County, Colorado SE Job No. 21181.01 Dear Rodney: Pursuant to your request, attached herewith is a letter/report presenting our findings in regard to the proposed water utilization and wastewater treatment for the proposed caretaker unit at the above referenced Site. This evaluation is based on our review of pertinent information you provided to us in supporting your Special Use Permit Application to Garfield County. Our findings are in accordance with Garfield County ISDS Regulations and general Engineering guidelines regarding water usage. We have reviewed the information forwarded to us, presented a conceptual wastewater treamment design and calculated a theoretical water usage demand as part of our scope of work. Conclusions: Based on our findings we believe that the maximum amount of water that will be utilized from the existing permitted well will be approximately 450 gallons. We anticipate that the actual amount may be 20% less due to the use of water saving fixtures and anticipated use of the Caretaker unit facilities. A legal water supply exists from a permitted well (Permit Number: 221302). The maximum pumping rate is 25 gpm. A copy of the permit is attached. Our conceptual water usage quantity is outlined below. A septic tank w/ an effluent filter and a seepage pit/drywell type absorption/treatment system is proposed for the ISDS to treat wastewater. The system will be designed based on a 2 -bedroom house requirement. Our conceptual ISDS Design is outlined below. Site Location The subject site is located at 4480 County Road 100, Carbondale, CO, on Lot 4, Los Pinones Subdivision, in Garfield County, Colorado. The Site comprises approximately 35.8 acres. Other similar lots bound the site. Proposed Development Imnrovemcnts It is our understanding that you intend to construct a barn facility incorporating a 2 bedroom. residential caretaker unit. The proposed structure will have 1-1/2 bathrooms and a kitchenette. Potable water will be supplied from an existing well on site that currently serves an existing single family home. Therefore the system is. The proposed improvements will include a new ISDS system, designed to handle the flow from an equivalent 2•bedroom home. 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311• Fax (970) 704-0313 SOPRIS ENGINEERING • LLC civil consultants 13 & H Contractors, Inc. SE Job No. 21181.01 December 12, 2001 Page 2 Peak Water Utilization Demand Calculation The peak water usage total for the proposed 2 -bedroom, residential caretaker unit is assumed to be a peak daily volume for potable water utilization and wastewater flows. The proposed caretaker unit residence is assumed to be an equivalent 2 -bedroom house. The water usage volume is calculated as follows: Residential unit - 2 bedrooms Q 2 person /bedroom = 4 person Gallons per day for the residence =50-75 gal/person/day. Use 75 gal/person/day with a 150% peaking factor. Q = 2*75*1.5 = 450 gal/daY Assume an average usage time of 4 hours per day. The average flow rate is calculated to be: Q = 450 nal/day / (4 hrs/day) * (1 hr/60 min) = 1.9 gal/min It is our understanding that a water storage tank will be utilized to store water for potable use. ISDS Conceptual Design: The ISDS will be designed to treat the wastewater from an equivalent 2 -bedroom single-family home. Our conceptual design recommendations for an ISDS include the installation of a 1000 -gallon concrete septic tank equipped with an Orenco Systems effluent filter. The treated effluent will discharge to a new engineered "dry well" type soil dispersal system. The dry well dispersal system will accept the treated wastewater for infiltration into the ground. The system will meet all required standards and setbacks. Our design and recommendations are based upon data you supplied to us. If proposed development plans are revised from those presented in this report, we should be notified to evaluate the effect it may have on our analysis. If you have any question or need any additional information, please call. Sincerely. SOPRIS ENGINEERING. LLC Paul E. Rutledge Design Engineer Yancy Nichol, P.E. Project Engineer TOTAL P.02 0 rn co co c) N .- 0 T LOM ETERS cD "Cr M N r - O V w 2 VICINITY MAP SCALE: 1" = 2000' PROPERTY DESCRIPTION LOT 4 A PARCEL OF LAND SITUATED IN THE NW1/4 AND THE NE1/4 OF SECTION 30, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 30, A GARFIELD COUNTY SURVEYOR BRASS CAP MONUMENT FOUND IN PLACE; THENCE N 88'32'26" E 1435.17 FEET ALONG THE NORTHERLY LINE OF SAID SECTION 30 TO A FENCE AS CONSTRUCTED AND IN PLACE; THENCE S 00'22'24" E ALONG SAID FENCE 1046.33 FEET, THE TRUE POINT OF BEGINNING; THENCE S 0022124" E 245.77 FEET; THENCE S 44'45'55" E 1018.89 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF COUNTY ROAD NO. 100; THENCE ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD NO. 100 THE FOLLOWING COURSES AND DISTANCES: THENCE S 3714'00" W 267.87 FEET; THENCE S 4714'50" W 218.27 FEET; THENCE S 20'20'44" W 54.14 FEET; THENCE 5 23'35'48" W 332.23 FEET; THENCE 5 01'21'16" E 7.95 FEET; TO A POINT ON THE SOUTHERLY LINE OF THE NW1/4 OF SAID SECTION 30; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE N 89'50'51" W 577.08 FEET ALONG THE SOUTHERLY LINE OF THE NW1/4 OF SAID SECTION 30; THENCE LEAVING SAID SOUTHERLY LINE N 25'38'17" W 707.44 FEET; THENCE N 00'00'00" E 1038.20 FEET; THENCE N 88'32'26" E 638.25 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINING 35.836 ACRES, MORE OR LESS. 12/11/2001 18:26 12127218068 December 11, 2001 G PETER GILBERT TO WHOM IT MAY CONCERN: This letter is to authorize B&H General Contractors, 5317 County Road 154, Glenwood Springs, CO to act as agents for Mr. and Mrs. Peter Gilbert, Lot #4, Los Pinones Subdivision, Carbondale, CO, for all matters pertaining to a special use permit. Sincerely, Peter Gilbert 610 West End Ave. New York City, NY 10024 212 799-2341 E-mail: Gilbertpe©aol.com PAGE 01 1 I!!!11 11111 11111111 '�,- 12/10/1997 9A 81045 P712 N ALSDORF 1 of 2 R 11.00 D 45.00 GARFIELD COUNTY CO GENERAL WARRANTY DEED BARRY HALPERIN and -ELL -EN HALPERIN, whose -address -is -420 W. Francis, Aspen,. CO, 81611, for the consideration of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, hereby sell and convey to PETER GILBERT and AILEEN GILBERT, as joint tenants, whose address is 610 WEST END AVE. NEW Yo(K, N.Y. 10024 , the following real property in the County of Garfield, State of Colorado: LOT 4, LOS PINONES RANCH SUBDIVISION, according to the Plat recorded as Reception No. 472909 also known by street and number as: . Carbondale. CO. 81623 , with all its appurtenances, and warrant the title to the same, subject to and except for: 1. General taxes for 1997 and thereafter payable in 1998 and thereafter. 2. Building and zoning regulations. 3. All matters described on Exhibit A attached hereto and incorporated herein by this reference. ALL REFERENCES BEING TO THE REAL PROPERTY RECORDS OF GARFIELD COUNTY, COLORADO. Signed this day of December, 1997. ARRC HA PERIN ( ELLEN HALPERIN 6-Y2 STATE OF ' do"� ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this l day of December, 1997, , by BARRY HALPERIN and ELLEN HALPERIN. Witness my hand and official seal. My commission expires: JOYCE OGDEN MY COMMISSION 1 CC 559918 EXPIRES: August 15. 2030 Bonded Thou Notiry Pudic UnderNdLR w,\d7K\helperin\CV Ceed.vpd -e.� Notary Application Requirement #6 EXHIBIT "A" 1. Taxes for the year 1997 not yet due or payable. ?. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in united States Patent recorded August 15, 1907 in Book 56 at Page 584 and in Patent recorded July 1, 1919 in Book 112 at Page 331 and in Patent recorded May 21, 1940 in Book 194 at Page 618. 3. Undivided one-half interest in all mineral and mineral rights as reserved in deed recorded Juyly 23, 1963 in Book 351 at page 535 and in deed recorded September 6, 1962 in Book 344 at Page 52 and interests therein or assignments thereof. 4. Reservation of an easement and right of way for the carriage of water as more particularly described in deed recorded July 11, 1963 in Book 351 at Page 380. 5. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Protective Covenants for Los Pinones Ranch Subdivision recorded January 5, 1995 in Book 927 at Page 336, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin. The above Protective Covenants were amended by Amendment recorded February 26, 1996 in Book 968 at Page 203. 6. Easements, rights of way and all matters disclosed ont he recorded plat of Los Pinones Ranch Subdivision recorded January 5, 1995 as Reception No. 472909. 1111111111111111111111 ! N 111111111111111111111111 I I I 1 517592 12/10/1997 10,498 01045 P713 M RLSDORF 2 of 2 R 11.00 D 45.00 GRRFIELD COUNTY CO 0 PROTECTIVE CO v F kNTS FOR LOS PINONES RAJ .-i SUB8D1K01 !ci 336 I��ISI r ON, GARFIELD COUNTY, COLORADO Robert C. Ray (the "Declarant") on this 17 day of December. 1994 hereby submits the real property described onExlibit "A" attached heret and made a part hereof (the "Real Property") to the terms, conditions. restrictions. easements and covenants herein contained (the "Covenants"). ARTICLE I Purpose of Covenants These Covenants shall govern and be applicable to that certain real property situated in Garfield County, Colorado. know as Lots 1 through 5 inclusive. Los Pinones Ranch Subdivision. as defined and described in the Plat of the Los Pinones Ranch Subdivision. recorded as Reception No. Y7.2 90 y of the real estate records of Garfield County, Colorado. It is the intention of the Declarant as expressed by his execution of these Covenants that the Lots within the Los Pinones Ranch Subdivision be developed and maintained as a highly desirable residential area containing mini -ranches. It is the purpose of these Covenants to assure that the present beauty, views and setting within the Los Pinones Ranch Subdivision shall always be protected as much as possible in connection with the uses and structures permitted herein. ARTICLE II Definitions (a) Architectural Approval. (b) Architectural Restrictions provided in Article III (c) below. 1tVti Y j L,,.) APR 8 1999 T'ne approval required in Article III (e). B&H . Architectural Restrictions means the restrictions (c) Building Envelopes. Building Envelopes means those portions of the Lots wherein building activities can take place as provided in these Covenants. (d) Declarant. Declarant means Robert C. Ray, his successor and or assigns. (e) Delinquent Owner. Delinquent Owner means the Omer described in Article IX (c) below. (f) Liability Insurance. Liability Insurance means the obligation to provide the insurance called for in Article IX (a) below. Application Requirement #3C LAC 8(00927P:4i337 (g) Los Pinones Ranch Road. Los Pinones Ranch road means the private road described in Article IV below. (h) Los Pinones Ranch Subdivision. The Los Pinones Ranch Subdivision as used in these Protective Covenants shall mean all of the lands shown_asJ&rs_l through 5 inclusive, on the Plat of Los Pinones Subdivision recorded in Plat Book at Page ) of the real estate records of Garfield County, Colorado. (i) Lots. Lots means Lots 1 through 5 as shown on the Plat. (j) Owner. Owner means the individual(s) or entity(s) who shall from time to time own the legal title to the Lots. (k) Operating Agreement. Operating Agreement means the agreement relating to the Water Rights set forth in Article VI below. (1) (m) Plat. Plat means the plat referred to in II�(_above. Property. Property means property described on the Plat. (n) Plans. Plans means the plans, specifications and site drawings required in Article III (e) below. (o) Subdivision Water Stock. Subdivision Water Stock means the stock relating to the water rights described in Article VI below. (p) below. Water Rights. Water Rights means the water rights described in Article VI ARTICLE III Architectural Restrictions and Approval rstk tt V dJ APR 81999 B&H (a) Compliance With Restrictions. No improvements of any land including but not limited to, any residence or other dwelling units, garages, outbuildings, barns, parking areas, tennis courts, swimming pools, fences, walls, driveways, antenna, storage tanks, satellite dishes shall be erected, altered or permitted to remain within the Los Pinones Ranch Subdivision, nor shall any excavating, clearing or landscaping in conjunction therewith on any Lou within the Los Pinones Ranch Subdivision unless such improvements comply with the provisions herein contained. 2 800xO927r c;338 (b) Variances. The provisions herein contained relating to Architectural • Restrictions may, by an affirmative vote of Owners of three of the Lou be varied to allow reasonable variances to these Covenants. ri t ut i v e (c) Architectural Restrictions. The architectural restrictions applicable togeifr Lob 1999 Pinones Subdivision are: (i) Building Design. Buildings shall be designed to blend into the landscape. Architecture that appears to contrast to the landscape shall be avoided and the transition between buildings and the landscape shall be designed to minimize the contrast. Vege1on shall not be relied upon to hide, screen or diminish the visual impact of buildings because of the slow plant growth that results from the high altitude of the Los Pinones Ranch Subdivision and the short growing season. Retaining walls and extensions of buildings, platforms and terraces should be used to create thistransacon. Roofs shall be designed to retain snow and there should be similar -roof pitches to create continuity between buildings on each Lot. _ — — (ii) Roof Surfaces. The following criteria for roof surfaces apply to the outmost weathering surface including roof slopes, roof hips and dormer gables: (a) snow shall be maintained on roofs through the use of materials, pitch and snow stops, (b) roofs are to be cold roofs or R-50 warm roofs, and (c) roofmateriaLs are to be wood shingles or inorganic shingles, i.e., concrete, slate or formed composite or metal roofs. (iii) Exterior Wall Surfaces. Exterior wall surfaces means the outermost building surface exposed to weather, including building walls, beams and columns. Exterior walls should be natural materials, including, but not limited to, wood siding, stone and applied stucco like material or logs. (iv) Color. Colors are to be used that blend into the color of the summer and fall landscape. Colors that blend into the winter landscape have not been considered a priority because the mid -value earth tones that are compatible with the summer landscape become dark objects and contrast to the glare of winter snow. Outer wall surfaces should be earth colors and values. Roof colors should also be earth colors, but can be somewhat darker than outer wall surfaces. No limitations are placed on trim colors, however trim colors should not create a high contrast. (v) Solar Collectors. Solar collectors are permitted provided the reflection angle from the collectors does not come within 400 feet of any other Lot's Building Envelope. (vi) Exterior Finished. All exterior site improvements and finishings, 3 a ocKO92T.ci329 including fences, retaining walls, tennis fences, flagpoles, gates, television dishes and service yards should be designed to appear as extensions of the residential complex or to blend into the landscape. Fencing used to screen buildings or use areas should be wood or stone. This fencing should be designed as part of the residential complex and blend into the existing landscape as much as possible. Tennis fences should be painted or coated with colors that blend into the landscape. Satellite dishes shall be screened from view points along the roads and from other residences. Dishes should be painted earth colors to blend into tki j All other site finishings, including gates and light standards should be designed and painte to blend into the landscape or become part of the building structures. APR 8 1999 (vii) Exterior Lighting. Exterior lighting should be minimize.; a4erti lighting is required to light outdoor use areas, fixtures should be covered so that no light source is directly visible from areas outside of the building site. (viii) Landscape Materials. The landscape concept should take advantage of the ranch fields and irrigated meadows to create a foreground for residences ir . place of the traditional large manicured lawn. Decorative, manicured or garden plant material should be planted within outdoor use areas adjacent to the house. Decorative landscape planting should be treated as extensions of the residential living space and should not be highly visible in the overall ranch seen. Limited manicured lawns can be provided in terraces that extend from the house and -at -the entrance to same. Larger planting that extends beyond the building site should be indigenous to the area. All excavations and driveway cuts should be revegetated. Wherever possible, the landscape concept should make use of extensions of existing vegetation. (ix) Fences. Barbed-wire is prohibited within the Los Pinones Ranch Subdivision and all fencing surrounding the Lots or pasture areas shall be split rail like the existing fencing located therein at the time these Covenants are recorded. Fencing used to screen buildings or use areas can be wood or stone. (x) Dust Suppressant. During construction activities a dust suppressant shall be applied to all driveways in order to minimize the effect of construction activities on unpaved driveways. (d) Building Envelopes. All development activities on the Lou including, but not limited to -dwelling units and accessory buildings and uses, shall be constructed only within the designated Building Envelope described on the Plat, except as may otherwise be provided_ by these Protective Covenants. Barns which may contain employee quarters, agicultural out -buildings, driveways,- fences; mail boxes, entry gates, address signs etc., utility easements and apiculture activities can take place outside of the Building Envelopes. 4 aook0927nci340 (e) Architectural Approval. No improvements of any kind, including those enumerated in subsection (a) above, shall be constructed, altered, or renovated on any Lot ( until the following procedure has been satisfied. A Lot Owner desiring to construct, alter or repair any improvement (as defined above) on a Lot shall deliver a complete set of architectural plans and specificationsshowing in detail the proposed improvements and a site plan showing the location and orientation for the erection, alteration or modification of such improvements and the landscaping to be located thereon (the "Plans") to all of the other Lot Owners. The other Lot Owners shall have fifteen (15) days from the date of their receipt of the Plans within which to approve or object to same, in the exercise of their reasonable discretion. Objections shall be limited to an assertion that the Plans do not comply with the Architectural Restrictions set forth in these Covenants. Notice of approval or objection must be delivered in writing to all other Lot Owners prior to the expiration of fifteen (15) days from each Lot Owner's receipt of the Plans. If after such fifteen (15) day period of time no Lot Owner has objected to the Plans then the Plans as delivered shall be deemed approved. If two other Lot Owners approve the Plans then, notwithstanding that two other Lot Owners may object, the Plans as delivered shall be deemed approved. If only two Lot Owners object to the Plans and less than two Lot Owners approve then the Plans as delivered shall be deemed approved. If three or more Lot Owners object to the Plans then the Plans shall be deemed not approved. In the event of such disapproval and the refusal of the Lot Owner who submitted the Plans to change them to satisfy the objections, the issue of whether the Plans submitted comply with the Architectural Restrictions shall be submitted to binding arbitration to an architect practicing in Garfield County, Colorado who shall be from time to time appointed with the consent of three or more Lot Owners, and whose decision concerning whether the Plans satisfy the Architectural Restrictions shall berms aclusive_anct binding upon all Lot Owners. \, The _ delivery orPTa`ns and notice of approval or objection to I it same shall be accomplished by either certified United States Mail, return receipt requested,�l or Federal Express or other similar delivery service. -All Lot Owners who object to any other Lot Owners' Plans shall enumerate the reasons that they feel they do not comply with the Architectural Restrictions. The initial architect selected as the arbitrator hereunder, until such time as he is replaced shall be Bill Poss & Associates located at 605 East Main Street, Aspen, Colorado 81611. (f) Improvements located on Lot 1. The improvements located on Lot 1 on the date of recordation of these Covenants shall be deemed to satisfy the requirements, eo herein. . s®. j ;PR 8 1999 ARTICLE IV General Restrictions B&H (a) No Further Subdivision. No land described on the recorded plat of the Los Pinones Ranch Subdivision shall be further subdivided into smaller lots or conveyed or 5 eoexUYZ /r.G;341 encumbered in any less than the full dimensions as shown on the Plat; provided however, conveyances or dedications of easements for utilities may be made for less than all of one Lot. (b) Dogs. Dogs shall be allowed to be kept on any Lot but they shall be at all times under the control of the owner. No dogs shall be allowed to nm at large or harass wildlife or become a nuisance to any Lot Owner due to its barking or other activities. Working ranch dogs may be maintained and used by any Lot Owner or their employees in connection with ranching or livestock operations. Workers at construction sites on any Lot, as well as employees or caretakers of Owners, are all strictly prohibited from bringing any dogs onto the Los Pinones Ranch Subdivision. (c) Horses. The Owners of all Lots shall be permitted to keep horses on their Lots. (d) Domestic Household Pets. Other domestic household pets shall be permitted to be on any Lot. (e) Other Animals. Sheep, goats, cows, llamas, chickens and other farm animals shall be permitted to be on any Lot if maintained thereon solely as pets or for other related purposes such as 4-H activities. Any of such animals located on any Lot shall always be the responsibility of the Owner thereof who shall be responsible for same. All of such animals shall be maintained in a confined fenced in area and not allowed to roam throughout the Los Pinones Ranch Subdivision. (f) Individual Sewage Disposal Systems. The Lots will be serviced by individual sewage disposal systems which shall be designed by a civil engineer licensed in Colorado. Sewage disposal systems;ghall be non -evaporative Vie, and shall be designed with do regard for specific soil conditions, percolation rates and the like. All systems shall meet the minimum requirements of Garfield, County. In addition, all sewage disposal systems shall: (i) located entirely within a Building Envelope. (u) utilize a mound type construction where high water tables are present. (m) blend into the natural landscape, to the extent reasonably possible, (iv) not be located, designed or operated so as to encroach upon or otherwise affect any domestic water systems, wells, ditches, the Water Rights, natural drainage courses, or sewer disposal systems on other Lots, and (v) where an Owner shall fail or refuse to properly operate, maintain or repair a sewage disposal system, the other Owners operating by and through their agents, employees or contactors shall have the right to enter upon said Lot to perform such functions and to obtain reimbursement from said Owner. Any such cost not timely reimbursed by an Owner shall be treated as an assessment against said Lot. 6 APR 8 B&H 800KQ927Pic; It? (g) Underground Utility Lines. With respect to new construction of any improvements within the Los Pinones Ranch Subdivision or the extension of any utilities, water, gas, electrical, telephone, cable and other utility pipes or lines shall be buried underground and not be carried on overhead poles or above the surface of the ground. Areas disturbed by the bearing of utility lines shall be revegetated by the Owner. (h) Los Pinones Ranch Road. The Owners as they from time to time exist of Lot 2, 3, 4, and 5 shall be responsible for the ongoing maintenance of the road running from County Road No. 100 in a westwardly direction through those Lots (the "Los Pinones Ranch Road"). The access easement from the Los Pinones Ranch Road to Lot 2 shall be maintained by the Owner of Lot 2. Individual driveways shall be maintained by the Owners upon whose lots such driveways exist. The Los Pinones Ranch Road shall be maintained at the following minimal level, which is a twelve foot minimum width containing a four inch road base and a three inch topping. Improvements greater than those described herein can be made to that road by virtue of the agreement of seventy-five (75%) percent of the Lot I Owners who are obligated to maintain same as called for hereunder. Lot Owners whose Lots are crossed by the Los Pinones Ranch Road shall be entitled to erect gates on their Lot 'Alines so lone as access is provided to all other Lot Owners. In addition, such Lot Owners shall also be entitled to erect and maintain cattle guards on the Los Pinones Ranch 'Lad ash 9 it intersects their Lot line. �•1 q� , (i) No Mining. Drilling or Quarrying. Mining, quarrying, tunnelling, excavrat]ngu is9 or drilling for any other substances within the earth, including oil, gas, minerals, gravel, H rock and earth, shall not be permitted within the Los Pinones Ranch Subdivision. • drilling of a well on any Lot shall not be prohibited by this provision. (j) Maintenance of Native Vegetation. Outside of the Building Envelopes, the Owners of any Lot shall maintain and preserve the native vegetation. The Owners shall be required to revegetate no later than the next growing season after any disturbance. (k) Compliance With Governmental Regulations. All activity on any Lot shall at all times comply with any and all applicable governmental regulations, including but not limited to those of Garfield County, Colorado. (1) Parking on Subdivision Road. No resident or guest in the Los Pinones Ranch Subdivision shall at any time allow any vehicles of any kind or nature to be parked or kept on any of the Subdivision Road:. (m) Home Occupations. Notwithstanding the residential nature of the Los Pinones Ranch Subdivision, a dwelling unit may be utilized by the occupants thereof for their business purposes as long as such usage is strictly confined to the interior of such dwelling 7 1300K0927?:rr 343 unit, is not publicly advertised in the telephone directory or any other media, docs not result in any increase in the number of vehicles parked or kept upon any Lot, does not increase the traffic upon the roads within the Los Pinones Ranch Subdivision and does not in any other way disturb the residential nature of the Los Pinones Ranch Subdivision. Notwithstanding the preceding, commercial ranching and or horse maintenance and equestrian activities, including, although not limited to, boarding, riding or training, are expressly prohibited within the Lost Pinones Ranch Subdivision. ARTICLE V Restrictions on Lots (a) Buildings. No buildings or uses shall be conducted, carried out, placed, erected, altered or permitted to remain on any Lot except as approved by and in compliance with the Garfield County Zoning and Building Codes and these Covenants. (b) Completion of Construction. Any exterior construction activity within the Los Pinones Ranch Subdivision of any single structure shall be completed and fully cleaned up within eighteen (18) months from its commencement. (c) Maintenance of Improvements. A Lot and all improvements thereon shall be maintained at al; times by the Owner in good condition and repair. The Owner shall cause all structures and other improvements to be refinished, resurfaced or repaired periodically as effects of damage, deterioration or weather become apparent. Appearance in color, type of painting or stain or other exterior condition shall not be changed except consistent with these Covenants. All appropriate repairs and replacements shall be made as often as necessary. Unsightly conditions shall constitute a nuisance. (d) Fire Mitigation. In order to mitigate the potential for fire hazards on any Lot, the following measures shall be undertaken by the owner of each lot: (i) Trees and shrubs shall be thinned or cleared, as necessary to within thirty (30) feet of any structure. a; a Ca! - I (ii) All roofs shall be cleared of debris. APR 8 taro (iii) Firewood shall be stacked on a contour away from buildings. & H (iv) The base of the building shall be cleared of weeds and debris. (v) Roof coverings shall be of a noncombustible Underwriters Laboratory (UL) approved material. 8 BOCxO92 1 c; 341 (e) Driveways. Driveway design, location, surfacing material and construction methods, including without limitation application of an approved dust suppressant during construction shall be accomplished in accordance with these Covenants. The design and construction of driveways shall comply with the Garfield _Courcy Road Standards and Specifications governing driveways. After construction, driveways shall be maintained in good repair. (f) Trees and Landscaping. There shall be no cutting or altering_of trees_or bushes or natural vegetation on any of the Lou, except as is absolutely necessary during construction which shall thereafter be revegetated or as necessary for wildfire mitigation or minimally to create view planes. (g) Used or Temporary Structures. No used or previously erected or temporary house, structures, mobile home trailer or non permanent outbuilding shall ever be placed, erected or allowed to remain on any Lot except during construction periods, and.no dwelling unit shall be occupied in any manner prior to its completion. No used or temporary structure may be occupied prior to the issuance of a Certificate of Occupancy. Anything to the contrary notwithstanding one (1) motor home shall be allowed on each Lot as long as this motor home is parked in such a manner as to be out bf sight from the roads and the lots within the Los Pinones Ranch Subdivision. (h) Road Damage. Each Owner is responsible for any damage caused to the Los Pinones Ranch Road during the construction of improvements upon their property by any vehicle regardless of who owned same so long as such vehicle is engaged in an activity benefiting the Owner. Furthermore, each Owner shall also be responsible for any damage caused by utility cuts in roads, wash -outs and run-off damage. (i) Enclosure of Unsightly Facilities and Equipment. All unsightly structures facilities, equipment and other items, including but not limited to those specified below, on any Lot shall be enclosed within a solid, covered structure and screened from view: Any motor home; trailer, boat, truck, tractor. snow mobile, snow removal or garden equipment, and any similar items in any Lot shall be kept at all times, except when in actual use, in an enclosed garage or shall be screened from view. Any refuse or trash container, utility meter or other utility facility, gas, oil or water tank, satellite receiving dish for television or other signals, service area storage, storage pile, or area for hanging clothes or other household fabrics on any Lot shall be enclosed or appropriately screened from view by plating or fencing adequate to conceal the same from the other Lots and the Subdivision Road. No lumber, metals, bulk materials, scrap, refuse or trash shall be kept, stored or allowed to accumulate on any Lot except building materials during the course of construction and oonly81 for such reasonable periods of time as is necessary prior to the collection of or �Vri '� thereof. , 9 BooK0927r..;345 (j) Noxious or Offensive Activities. No noxious or offensive activities shall be carried on upon any portion of the Los Pinones Ranch Subdivision at any time nor shall anything be done or permitted which may be or become a nuisance or cause unreasonable embarrassment, disturbance or annoyance to the Owners in the enjoyment of their Lou. (k) Firearms. The discharge or shooting of firearms is prohibited in the Los Pinones Ranch Subdivision. (1) Hunting. Hunting in the Los Pinones Ranch Subdivision is expressly prohibited for all persons including Lot Owners and their guests. (m) Motorized Vehicles. Motorized vehicles such as snow mobiles, all terrain vehicles and off road motorcycles shall be prohibited within the Los Pinones Ranch Subdivision with the exception of the use of same for agriculture or ranch purposes. On road motorcycles shall be permitted but they shall be restricted to use only on the.Los Pinones Ranch Subdivision road and driveways to residences. ARTICLE VI Water Rights and Restrictions (a) Water Rights. The Water Rights described in subsection (b) below as the Subdivision Water Stock shall be conveyed kot Owners as set forth in such s ub� __section, /:?The Water Rights shall not be conveyed, hypothecated, modified or altered by any Owner • of any Lot except in connection with a conveyance or hypothecation of such Owner's Lot, without the unanimous consent of all Owners. Notwithstanding the preceding, the Owner of any Lot shall be entitled to have the lien of their mortgage or deed of trust encumber the Water Rights along with encumbering the Lot. Under no circumstances shall the ownership- \ --1 of the Water Rights ever be severed from the ownership of the Lots. (b) Water Ooeratinz Agreement. Declarant is the owner of 76 shares 'of the capital stock of the Missouri Heights Irrigation Company ("Reservoir Stock") and 149.45 shares of the Needham Ditch Company. a Colorado Mutual Ditch Company ("Ditch Stock"). These shares are hereafter referred to as "the Subdivision Water Stock". In subdividing The Los Pinones Ranch Subdivision Declarant has divided the Subdivision Water Stock to the various Lou based upon,the historically benefited_irrigate acres The Declarant hereby establishes the ownership of the Subdivision Water Stock and certain obligations respecting the maintenance and use of the Subdivision Water Stock as herein provided, it being the intent that the Covenants shall be binding upon and run for the benefit and burden of the Owners of the Lou. 10 eoexQ927r± ;3y6 (i) Ownership of Subdivision Water Stock. The ownership 'and .useof the Subdivision Water Stock shall be in accordance with the schedule described below: Lot No. Number of Missouri Heights Irr. Co. Shares Number of Needham Ditch Co. Shares 1 27 52.8 2 27 54.1 3 4 7.0 4 3 5.25 - _ ' a 5 15 30.3 Totals 76 149.45 The Owners of the Lots benefitted and burdened hereby agree by their acceptance of a deed to their Lot to subject their respective interest in the Subdivision Water Stock to the terms and conditions of these Covenants and to operate the structures and water rights represented by ownership of the Subdivision Water Stock only in a manner consistent with the terms of these Covenants. (ii) Common 'Usage. All Lots are benefitted by a common irrication system which presently encompasses side rollers and irrigation guns supplied by a common lateral. Therefore, it is more practical to irrigate land upon all Lots at one time without respect to Lot lines. All Lou shall be irrigated in this manner and the respective Lots shall pay assessments equal to their proportionate interest in the Subdivision Water Stock representative of the operation, maintenance; repair and replacement costs of the physical irrigation facilities and the assessments due to any mutual ditch or reservoir company. The Owners shall not attempt to in-igate their Lot separate or differently from the best means available for the irrigation of all Lots as described herein and shall not construct fences or other obstructions, outside of ;;the Building Envelopes, which would have an adverse impact upon the use and operation of the irrigation system shared, owned and operated by all parties as tenants in common. At present the irrigated acreage on Lots 3 and 4 are currently irrigated by a side roller sprinkler system for Field A as marked on Exhibit "A" hereto which encompasses approximately 38 irrigated acres and includes portions of Lot 2. The side roller sprinkler for Field B (approximately 32 acres) includes irrigated lands on Lots 1, 2, 4 and 5. The big gun sprinkler system is located on Lot 1 and a portion of Lot 5. It is anticipated that Lots 2, 3, 4, and 5 shall not require use of ranch irrigation water provided by the Subdivision Water Stoc r, �-' ,ayyGyyaJJ 11 0 i garden areas. The ownership of and the maintenance and replacement expenses s of all personal property used within the irrigation system including, but not limited iron rollers, irrigation guns and above -ground pipe and hoses shall be borne by the ich costs shall be allocated in accordance with the formula described in �n (vii) below. ii) Water Court Proceeding. In the event any Water Court proceedings are or requested in order to confirm the use of the subject stock as herein provided; the ;hall jointly prepare and prosecute such a proceeding and the costs therein shall be common.maintenance operation to be shared and paid in accordance with the terms Trion (vii) below. ✓) Repairs. Any Lot Owner shall have the right to undertake, without the of any of the Lot Owners, all repairs and improvements reasonably required to an emergency whereby water supplies are threatened or property damage is • t. Subject to the provisions of subsection (vii), below, non -emergency repairs, ents, improvements and activities shall be made by agreement of a majority 2 of the subject stock within The Los Pinones Ranch Subdivision. In the event the? cannot decide upon what constitutes non -emergency repairs, improvements, i, maintenance or replacement activities are necessary, any Owner may provide writing of a list of repairs, improvements or replacements together with a budget and unless the other Lot Owners object in writing within 21 days of receipt ofsaid- nsent to such shall be deemed conclusively given. In the event objection is timely :Lot Owners agree to mutually select one qualified professional engineer or r to make recommendations and to submit a budget, and to be bound by such adations and budget. Ownership. The Owners understand and agree, by virtue of their acceptance to their Lot,that they own their respective entitlement in the Subdivision Water :enants in commor�i and therefore shall bear all surpluses and shortages of water ately to their ownership interest. No Lot Owner shall • otherwise dispose of any of the Subdivision Water Stockwithou thesellftnen f all other Lot Owners in advance of such tr nsferrAny hypothecation of a Lot _,ot and their Water Rights shall be subject to the restrictions of subsection (a) Ioreover, no Lot Owner shall. be entitled to claim credit for the removal of any :;reage on their respective lot without the written consent of all other Lot Owners • Los Pinones Ranch Subdivision. Provided however, any Lot Owner may transfer all or a portion of the Subdivision Water Stock to another Lot Owner within the 1 provided the transfer results in the same number of acres within The Los Pinones )division being irrigated with the Subdivision Water Stock. Upon such transfer, :t forth in subsection (i) above, and the percentages describe in the table set forth 12 soex0927^:r..; 3Y$ in subsection (vii) below, shall be adjusted proportionately. (vi) Easements. With the exception of emergency repairs that is strictly related to the protection of property or personal casualty, nothing herein shall be construed as the conveyance, expressed or implied, of an easement to any Lot Owner to traverse another Lot Owner's Lot. Each Owner by their acceptance of a deed to their Lot further waives the right of condemnation separate and apart from these Covenants and of their right to condemn a water feature across the property of another Lot, notwithstanding: 1. The Owners of the Lot shall allow access along the historic ditch and laterals servicing the Lots for emergency personnel for fire fighting purposes within the subdivision; and 2. There shall be an easement for water delivery and drainage purposes to allow the historic laterals to be accessed and for purposes of allowing the flowage of water in relation to each Owners proportionate interest therein; and 3. There shall be a floating easement across the Lots in The Los Pinones ,ranch Subdivision to operate, maintain and repair the common irrigation facilities and to properly irrigate acreage historically irrigated. (vii) Expenses. The Lot -Owners agree to bear, in proportion to their ownership terestin the Subdivision Water Stock, the costs of maintenance operationimprovements of the respective ditch structures and assessments for mutual irrigation or reservoir company, stock. ;For purposes hereof, the number of shares thai all such costs and expenses shall be borne in relation to the schedule set forth below: Lot Percentage Lot 1 35.3 Lot 2 36.2 Lot 3 4.7 Lot4 3.5 Lot 5 20.3 Total 100 13 -2-' soox0927‘.c 349 (c) No Impairment of Water Rights by Owners. The Owners of Lots are entitled to obtain an exemtp well and the individual water rights appurtenant thereto, and in no event shall any other Owner of a Lot be entitled to have any standing, by virtue of ownership of' 1' said Lot, an exempt well or any portion of the Water Rights to object to any application for an exempt well permit by any other Owners. Prior to the filing of any application relating to the Water Rights or to any other matter other than an exempt well the applicants thereof shall require the consent of all of the Owners of the Water Rights. (d) Persona] Property Used with Water Rights. Declarant has conveyed to the Lot Owners certain personal property consisting of a side roll irrigation system, irrigation piping_ and fittings and sprinkler heads. Taus personal property has been conveyed to the Lot Owners as tenants in common in proportion to their acquisition of the Water Rights. (e) Wells. Each Lot Owner shall be permitted to seek from the State Engineer the right to construct and maintain a well on their Lot. 1 ARTICLE 'VII Easements Reserved Cld ,ong (a) Easement for Horseback Riding. The Los Pinones Ranch Road s allge� available for use by all Owners for purposes of engaging in horseback riding activitie Owner of Lot 2 shall access the Los Pinones Ranch Road for this purpose by virtue of the use of the easement which accesses their Lot. No Owner or their guest shall be entitled by virtue of the use of this easement to enter any portion of any Lot other than on the Los Pinones Ranch Road. This easement shall not create any rights in the public to use the Los Pinones Ranch Road for equestrian or any other purposes. (b) Easements Described on Plat. The lands within the Los Pinones Ranch Subdivision are subject to any and all easements described on the Plat. (c) Utility Easements Reserved. There are hereby created and reserved perpetual easements fifteen feet in width onach lot line for the purpose of constructing, maintaining, operating placing, enlarging and repairing electric, telephone, water, irrigation, sewer, gas, cable television and similar lines, pipes, wires, ditches and conduits. This easement reserved shall_ inure to the benefit of all of the Owners of the Lots. To the extent that an Owner of , a Lot needs to draw a utility to their Lot and if running such utility through the easement !herein reserved constitutes an inordinate expense as opposed to running the utility on a more direct route to such Owners Lot, then such Owner shall have the right to relocate the easement herein described to a more convenient route but in no event shall same be allowed to run through any of the Building Envelopes. rin the event any of the than reserved J. ,. 1 w BooY0927 tc:;350 hereunder are used for the purposes herein described, the Owner or Owners so using same shall be obligated to restore the surface of the easement to the condition in which it existed prior to such use and to revegetate same. In the event any utility company requires a written easement agreement to be recorded as a result of the relocation of the utility easement described herein, the Owner of the Lot in question shall be obligated to execute a written tenement and in the event such Owner fails after a reasonable time period to execute an easement, the Lot Owner benefiting from the relocated easement shall be deemed to be the agent of the Lot Owner who failed to execute the easement which agency shall be deemed coupled with an interest so as to allow such Lot Owner to then record an easement in favor of the utility company. (d) Easements for Irrigation. There are hereby created and reserved perpetual easements rocs in the Los Pinones Ranch Subdivision for the purposes of irrigating any of the Lots and for the further purposes of construction, repair, replacement, maintenance and operation of irrigation ditches, irrigation purposes and like matters. ARTICLE VIII Private Road Easement. Access Easement. Driveways and Emer2encv Access (a) Grant of Access Easements over Los Pinones Ranch Road. The .L sac Ranch Road shown on the Plat running through the Los Pinones RanclT ubdivision is reserved for the benefit of all Owners of Lots and restricted as follows: LPR U* moi) From it's start at County Road No. 100 in Lot 1 throughlat oatlte common boder between Lot 4 and Lot 3 such road shall be used for vehicular't ress and egress, vehicular uses relating to ranching and agriculture operations, equestrian purposes and related uses, access to the utility easement abutting the actual road and for use in connection with the Water Rights and it's related equipment; and (ii) From the common border between Lot 3 and Lot 4 and through -Lot 3 such road shall be used for vehicular ingress and egress solely for ranching and agriculture operations, equestrian purposes and related uses, access to the utility easement abutting the actual road and for use in connection with the Water Rights and it's related equipment. Thee use of such road for vehicular ingress and egressis expressly prohibited. r (b) Private Access Easement. A private access easement to Lot 2,facros� s Lot 4� is reserved for the exclusive_use of the Owner of i,nt 73.s reflected on the Plat. (c) Maintenance of Driveways. All driveways constructed in the Los Pinones Ranch Subdivision shall be constructed and maintained at the expense of the Owner whose Lot is being served by a particular driveway and on whose Lot same is located. 15 BOOK0927:'!-4351 (d) Emereencv Access Easement. A non exclusive easement for ingress and egress is hereby granted to all police, sheriff, fire protection, ambulance and other similar emergency agencies or persons, all public bodies engaged in the lawful performance of their official duties, all utility companies, public or private, now or hereafter servicing the Los Pinones Ranch Subdivision and its residents, to enter upon the Los Pinones Ranch Road and driveways located in or across the Property and on any property of the Los Pinones Ranch Subdivision the lawful performance of their duties. In -1 (e) Utility Easements. A utility easement fifteen (15) feet in width has been reserved on the Plat abutting all of the lot lines of the Lots in The Los Pinones Ranch. Subdivision.. addition, a utility easement [shown on the Plat. ? (c,i ARTICLE IX Assessments, Collection and Enforcement OR {,QQQ (a) Assessments. In order to: (i) financially enforce any provision g itaine these Covenants; (ii) to use the Water Rights and related equipment as well as tie �. maintain all of the same; and (iii) to obtain liability insurance insuring all of the Owners and third persons and parties from any accident or damage resulting from their use of the easements or the Subdivision Road in minimum amounts not less than One Million Dollars (S1,000,000.00) for injuries to one person and One Million Dollars (S1,000,000.00) for injuries to more than one person in any one accident or occurrence and for loss or damage to property of any person or persons for not less than One Hundred Thousand Dollars (S100,000.00), the Owners shall meet annually or as often as necessary in order to adopt a budget for the preceaing purposes and to apportion same, with the exception of the Water t,; i Rights and related equipmenamong the Lot Owners on_the basis of_ 1/5 to each Owner. I All costs and expenses in connection with the Water Rights and related equipment shall be I apportioned among the Lot Owners on the basis called for in Article VI (b) above. In i addition, the Owners of Lots 2, 3, 4 and 5 shall meet as often as necessary to apportion the I expenses in connection with the maintenance and repair of the Los Pinones Ranch Road i among themselves on the basis of 1/4 to each Owner. The Owners shall have the right to, I in addition, accest a special assessment for such purpose or purposes in accordance with these Covenants as may be necessary. Special assessments can be assessed against certain 1 Owners to the extent that certain Owners benefit from such special assessments and other Owners do not. lo:-,- In addition, assessments may be imposed for purposes of implementing these Covenants in connection with the replacement and repairing of utilities, the implementation of all provisions of these Covenants and any other reasonable costs and expenses incurred in pursuit of these purposes. This provision shall be liberally construed in order to 16 BooKO92 l ?La; 352 accomplish the intents of these Covenants. V t ,r2,7 A,.d c-? . J —wee F ry� r, . 3 (b) Covenant to Pay Assessment. All Owners shall be obligated to pay any assessments imposes provided for in section (a) above.ac wner's pro -rata s rthe assessments (1/3 or 1/4 or in accordance with provisions of Article VI subsection (b) -vii) as the case may be) shall be due and e thirty (30) days from the date assessment is determined and notice is delivered an Owner. r (c) Lien for Non Payment for Assessments. In the event any Owner fails to pay any assessment after thirty (30) days of the date same was due, any other Owner or Owners can elect to advance the delinquent Owner's (the "Delinquent Owner") pro rata share of the assessment. Any Owner or Owners so choosing to advance shall be entitled to record a lien i against the Defaulting Owner's Lot whicb_lien_shall be in the_amount of the assessment together with interest thereon at the rate of eighteen (18%) per annum from the date advanced to the date paid and attorneys fees and court costs as may be necessary in order to enforce the lien. The lien shall be recorded in the real estate records for Garfield County, Colorado. The Owner or Owners who have advanced assessments on behalf of a Defaulting Owner shall be entitled to foreclose their lien thirty (30) days after the date of its recordation which foreclosure shall take place in accordance with the laws of the State of Colorado. Each Owner hereby agrees by their acceptance of a deed to their Lot that the lien on a Lot for assessments as herein described shall be superior to the Homestead Exemption provided by C.R.S. § 38-41-201, et seg. (1973, as amended,) and each Owner agrees the acceptance of such deed to a Lot shall signify the Grantee's waiver of the Homestead Right granted in this section of the Colorado Statutes. In addition, each Owner agrees that any assessment levied hereunder, all interest due and all costs of collection including attorneys fees shall be the personal obligation of that Owner and shallcontinue even if the Owners' interest in the Lot shall be transferred. (d) Priority of Lien. The lien provided for in subsection (c) above/ h' all be subordinate only to: (i) liens for general taxes, special taxing districts and qt r Rabic:* charges and (ii) the first lien of a mortgage or deed of trust. 1St (e) Enforcement Actions. Anv Owner shall have the right to prosecute any action to enforce the provisions of these Covenants by injunctive relief, on behalf of themselves and all or any part of the Owners of the Property. The prevailing party in any enforcement action shall be entitled to an award of its reasonable costs and attorneys fees. In addition, a violation of any of the provisions herein contained shall give any Owner the right to: (i) Enter upon the portion of any Lot where said violation or breach exists and summarily to abate and remove, at the expense of the Owner, any structure, thing or condition that may exist thereon contrary to the intended meaning of the provisions hereof; 17 Boo0927n:x.353 (ii) To prosecute a proceeding at law or an equity against the Owner who has violated or who is attempting to violate any of the provisions herein to enjoin or prevent them from doing so; and violation. (iii) To cause such violation to be remedied or to recover damages for such (f) Nuisance. Every violation of these Covenants or any part thereof, is hereby declared to be a nuisance, and every public or private remedy allowed therefore by law or equity against an Owner shall be applicable against every such violation and may be exercised by the Owners pursuant to a vote of three or more Owners. All remedies provided herein or at law or in equity shall be cumulative and not exclusive. Failure of the Owners to enforce any of the provisions of these Covenants shall in no event be deemed to be a waiver of the right to do so for subsequent violations or the right to enforce any other provisions thereof. ARTICLE X Miscellaneous (a) Covenants to Run with Land. All of the Covenants and obligations contained in these Protective Covenants shall be a burden on the title to all of the lands in the Los Pinones Ranch Subdivision and the benefits thereof shall enure to the Owners of the Lots and the benefits and burdens of all of such Protective Covenants shall run with the title to all of the Lots. (b) Termination of Protective Covenants. In the event these Protective Covenants have not been sooner or lawfully terminated pursuant to any applicable laws of the State of Colorado or Garfield County. Colorado or the provisions herein contained, these Covenants may be terminated on January 1 of the year 2050 by a vote of four (4) of the Owners of the Lots. If these Protective Covenants are not so terminated, then they shall continue to•be in full force and effect for successive twenty-five (25) year periods unless, at the close of a twenty-five (25) year period the Covenants are terminated by a vote of four (4) of the Owners. In the event of any such termination, a properly certified copy of the resolution executed by the Owners voting in favor shall be recorded in the real estate records -of Garfield County, Colorado. (c) Severabilitv. Should any part of par of these Covenants be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not effect the validity of the remaining Covenants. In addition, the Court shall be authorized to attempt to recreate or reconstvct a Covenant to replace the Covenant or provision deemed invalid or unenforceable. ., 1 V C 16 iJ so01(0927 _c 354 (d) Paragraph Headings. The paragraph headings in this instrument are for convenience only and shall not be construed to be a part of the Protective Covenants contained herein. (e) Binding Agreement. These Covenants shall be binding upon the Owners of all Lots as they may from time to time exist, their successors and assigns. (f) Applicable Laws. These Covenants shall be construed in accordance with and governed by the laws of the State of Colorado. (g) Gender. In construing these Covenants, the plural shall include the singular, the singular the plural, and specific genders are applicable to all parties. (h) Attorneys' Fees. In the event of any action for breach of, to enforce the provisions of, or otherwise involving these Covenants, the court in such action.shall award a reasonable sum as attorneys' fees to the party who, in light of the issues litigated and the court's decision on those issued, was the prevailing party in the action. If a party voluntarily dismisses an action, a reasonable sum as attorneys' fees shall be awarded to the other party. (i) Amendment of Covenants. These covenants may be amended by a vote of four or more Lot Owners which amendment shall then be evidenced by a document recorded in the real estate records of Garfield County, Colorado evidencing the amendment signed by all Lot Owners who voted for such amendment. Notwithstanding the preceding, any amendment to Article V, subsection 1 or to Article VI shall require the unanimous consent of all Lot Owners. In addition, no amendment shall operate to discriminate against the Declarant or to affect any of his rights to the Lou for so long as he owns title to any of the Lots. (j) Provisions Incorporated in Deeds. Each provision contained in these Covenants shall be deemed incorporated in each deed or other instrument by which any -right, title or interest in any Lot is granted, devised or conveyed, whether or not set forth or referred to in such deed or other instrument. (k) The Title Rule Against Perpetuities. If any of the terms, conditions, covenants, easements, restrictions, uses, limitations or other obligations created by these Covenants shall be unlawful or void for violation of: (i) the 1irtg and it' perpetuities or some analogous statutory provision. (ii) the rule restricting restraints on alienation, or (iii) any other statutory or common law rules imposing like or similar time limits, such provisions shall continue only for the period of the lives of Ronald G. Garfield and Andrew V. Hecht, their now living descendants, and the survivor of them, plus twenty-one (21) years 19 RECEIVED DEC 1 g 2001 STATE OF COLORADO DIVISION or WATER RESOURCES WATER DIVISION 5 Office of the State Engineer Department of Natural Resources P.O. Box 396 (50633 U.5- Hwy 6 & 24) Glenwood Springs, CO 81602 Phone (970) 945.5665 FAX (970( 945-8741 (call first) litt0://watenstate.co.usidefault.hun Ms. Kim Schlagel Garfield County Planning (970) 384-3470 (FAX) Dear Ms. Schlegel: December 18, 2001 Bill Owens Governor Greg E. Walcher Executive ()hector Hal D. Simpson, P.E. State Engineer Alan E. Matteliar° Division Engineer This letter is to verify the status of a well permit for Peter Gilbert on lot 4 of the Los Pinones Subdivision in Garfield County. The permit no. 221302 is considered to be valid by our office. The uses allowed under this exempt well are; inside uses in up to 3 single family dwellings, the irrigation of not more than 1 acre of lawn and garden and the watering of domestic animals. Please contact our office in Glenwood Springs should you need any additional information. Sincerely, Q &t.„ - Steve A. Pope Well Commissioner Division of Water Resources cc: Rodney, B&H General Contractors. 818-i 100/100'd Z85-1 It ##3 i — 17%3E gxed Y Ewald r-,QG1� l +4/ .fm.v )�/� C+i s'}7G'1 Dro7 cite —Sigel r3(at.0 \ wo d / PIS in, 16185PB01B S3tl3105h10i908i 85:S1 1001-81-330 Feb 04 02 02:33p B&H General Contractors 970-945-0142 p.2 i"ay-up-yHang-,tterstrom Biers 303 44E ?403 P.02 Wright Water Engineers, Inc. gog 443• `446 818 CotxaOOAve. P.O ea, ?Ps cii weodspangs.Cdoadoe; 602 19 701 945-7755 TEL 19101 945.9210 F. 13031893.1608 DEN AER L71RECT UNE Robert Netterstrom 1125 Spruce Street - 2nd Floor Boulder, CO 80302 October 16, 1997 RE: Los Pinones Lot 4 Well — Water Quantity and Quality Dear Mr. Netterstrom: rltUtI V CU MAY 61999 B&H At your request, Wright Water Engineers (WWE) investigated the water quantity and quality of the Gilbert well located at Lot 4, Los Pinones Subdivision near Carbondale, Colorado. WWE and Samuelson Pump, Inc. conducted a 48-hour pumping test of the well from September 24-26, 1997 and also obtained water quality samples for both the Colorado Department of Public Health and Environment (CDPHE), Primary and Secondary Drinking Water Standards, and the EPA Pesticide and Herbicide Drinking Water Limits. The purpose of our investigation is to assist your client, Mr. Gilbert, with water supply information for a pending real estate transaction. This letter report presents our findings. SUMMARY The following summarizes our findings. • The 400 -foot -deep well was drilled by Shelton Drilling an September 22, 1997 under Monitoring Hole No. 31649. The static water level was 310 feet. • The well was pumped for 46.5 hours from September 24-26, 1997 and produced an estimated 13,900 gallons at an average rate of approximately 5 gallons per minute (gpm). The maximum drawdown of water level in the well was 47.02 feet. The water level recovered to approximately 80 percent of static level within 72 hours after the pump was shut off. Because 100 percent recovery was not obtained, we believe the well may be "mining" water, making the long-term continuous yield less than 5 gpm. • The results of the water quality testing for the CDPHE Primary and Drinking Water Standards indicated hardness, total dissolved solids (TDS), and turbidity values that exceed the non -enforceable secondary standards recommended by the CDPHE. These values do not indicate any health-related problems, but may be of aesthetic concern. • There were no pesticides or herbicides identified in the laboratory analysis. DENVER :103)4804 700 DURANGO 19701 259-741 i BCULDER 13031 173.9s0C; Feb 04 02 02:33p B&H General Contractors r,a,y-vca-r= aJt: oar menu yb..ers l.rom oleic Robert Netterstrom October 16, 1997 Page 2 WATER QUANTITY Physical System 970-945-0142 ,Su. 40 MAY 6199]]9 The Gilbert well was drilled an September 22, 1997 by Shelton Drilling and is logged as being 400 feet deep. The source of water is inferred to be groundwater tributary to the Roaring Fork River. According to Shelton Drilling records, water was first encountered at approximately 320 feet in a sandstone unit with some evidence of limestone. Pumping Test The pumping test was conducted from September 24-26, 1997 by Samuelson Pump, Inc. and WWE in order to obtain an indication of the well yield. The static water level was measured at 307.63 feet below the top of casing. The test started at 11:30 a.m. at an approximate pumping rate of 10 gpm. Drawdown of 46.04 feet was experienced in the first 30 minutes of the test and the pumping rate was cut back to approximately 3.6 gpm. The water recovered during the next 40 minutes of the test to 330.15 feet and the decision was made to increase the pumping rate to 5 gpm. The well was pumped on a continuous basis at 5 gpm for the next 45.5 hours. The maximum drawdown during the remainder of the test was 47.02 feet. The test data is presented in Table 1. As shown on the attached graph, at a pumping rate of 5 gpm. the water level dropped steadily for the duration of the test. The cone of depression did not reach a recharge boundary in the aquifer over the 48-hour test, The recovery water level in the well rose slowly after pumping stopped. After 90 minutes, the water level had only recovered to 42 percent of static conditions. After 70 hours, the water level had recovered to 80 percent of the static level. This would indicate that the aquifer has a low transmissivity. Results p.3 P.03 Based on the data obtained, it is WWE's opinion that the well yield is adequate for a single- family residence. We believe the well can produce approximately 2 gpm on a continuous basis, but could be pumped at 10 to 15 gpm for short periods of time. An average in-house daily water use of 500 gallons/day equates to 0.35 gpm which appears to be within the capabilities of this well. Feb 04 02 02:33p . ...�-.....-r.r ...c _..ter B&H General Contractors „anus Sr. a.vra bruin 9lel< 1 j Robert Netterstrom October 16, 1997 Page 3 WATER QUALITY Sampling Conditions 970-945-0142 .su_ 4' e4u:s I c'tt UttV tU' MAY 6 1999 B&H WWE collected a set of water quality samples from the well discharge hose approximately 28 hours into the pumping test on September 25, 1997. The samples were sent under proper chain - of -custody to Grand Junction Laboratories for analysis of the CDPHE Primary Drinking Water Standards. A second water quality sample was obtained on September 26, 1997 just prior to shutting the pump off and beginning recovery. This sample was also sem under proper chain -of -custody to Grand Junction Laboratories for analysis of EPA Drinking Water Limits in regards to pesticides and herbicides. Results Results of the water samples are shown on Table 2. There were no Primary Drinking Water Standards exceeded. Parameters with values above the non -enforceable secondary standards were hardness, TDS, and turbidity. Hardness values above the recommended standard of 200 mg/L indicates that scales and deposits are likely to form on pipes and boilers and the water should be softened for domestic use. TDS values above the suggested limit of 500 mg/L might be of aesthetic concern due to possible taste effects. The turbidity value of 3.4 NTU might also be an aesthetic concern due to any visible cloudiness in the water. Settling and filtration may correct this. Higher hardness and TDS values are not typical for the greater Missouri Heights area due to the influence of the Eagle Valley Evaporite and Eagle Valley formations. Based upon the laboratory results, there were no detectable amounts of pesticides or herbicides in the Gilbert well water sample. The proximity of the irrigated hayfields to the well does not appear to have an adverse effect on the groundwater quality. Recommendations • The water level in the well should be monitored on at least a monthly basis in addition to monitoring the well usage by meter once the water system is completed: • Include a water storage tank (bladder) - capacity 200+ gallons in the domestic water system. This allows high usage for short periods with a longer refill time at a lower pumping rate. If turbidity persists. reduce maximum flow of well with Clow control device. Very truly yours, p.4 P.04 Feb 04 02 02:33p RLV/WLLJdif 971-151.000 Attachments B&H General Contractors By: 570-445-0142 p.5 7 gbif Robin L. VerSchneider Geologist By_ WS? William L. Loran, P.E. Senior Consultant MAY 61999 Feb U4 U2 U2: J4p 1',Oy "VV�J�J VJ.LJr owl tenerai contractors J./U-:-145-U14e "O„l} t.. LC('0 L!'VIII PICK JVJ 4u LMV3 Robert Netterstrom October 16, 1997 Page 4 • Use water sparingly for outside uses (lawn irrigation, etc.) for at least one year while the well levels are being monitored. If well levels are maintained over a long period, then outside use can be gradually increased. • All potable water should be chlorinated. Please call if you have any questions or need additional information. Very truly yours, WRIGHT WATER ENGINEERS, INC. RLV/WLL/dl£ 971-151.000 Attachments By: ?Ma Robin L. VerSchneider Geologist Bv. Wer ,C William L. Lomb, P.E. Senior Consultant n.a`( n\y4�1 I.I B P. s 1+.01 reu u -r uc uc:o-rtr neem utlnerat t.OnoractorS-_�/U-�4❑-U14C TABLE 1 GILBERT WELL PUMPING TEST September 24-2i,1997 'TIME (min) PUMPING WATER LEVEL (1) RECOVERY WATER LEVEL (ft) COMMENTS 0 1 2 3 4 _ 5 ... 6 8 ... 10 12 15 - 30_-_ 30 31 22 23339.78 34 35 36 38 307.63 315.33 Static Water Level 314.83 Pumping rate = 10 gpm 324.13 .323.23 -__ ..- .-'-------"- 325.13 .. _-...---'--'--"--- 327.27 --._ .. "-- .---'------ 330.7979 ....._..... ... '"- ---- - 333.80 335.81 340.31_ --- ..319 46. 353.67--... --'---.". _- _ -_.. _..._.�_ .--.- .-----.-..._. __.. .. 343.09_ Pumping ram cut to 3.6 ;pm 341.04 339.79 338.83 "- - - Well recovering while pumping at 3.6 giro .. _... ,_ _ ..., 337.71 336/3 ..._..... ._... ... 335.06!_... 40 42 45 -_-. 50 ..-... 0 70 334.29 333.71 .... ---.. .......-- ---- -_ --- ... _ ._...... _____ __ �_. _ ---.. ____ 332.04 331.42 330.15 __. 330.21 Pimping rate=5 gpm 80 90 120 150 180 21 0 390 1110 332.63 333.46 �--" 334.83 335.40 3nel 338.sD-_.._.. 8.5 340.00-- --- ... 344.83 ._._.. -_ ._... ----- -..... _ 1560 347.67 1690 348.38 ._ ...._.._�... .. ..__ .___....___.. ._ _. __ . 1830 25"10 2720 2721 2722 2723 _ _ _ _ 349.17 - 353.42 354.65 Pump shut off Recovery 242.33 335._77 ---- 33383 - 333.17 _ 2724 2725 2726 _ 2728 ..2730 . 2__..._ 2732 -1735 2740 L 2750 _ 2760 277032821 2780 2810 2840 6905_�_- _. .. ..-_-.,_.__........ ......_-_..__... 333.33 333.42__.__._..-_.. 33317 ..... ... ....._ _ - 33294 332.33 _- - - -" 331.58 .. 330.48 --'---329.46 ...._---------_._._._.. 32883 - 327.83 327.c3 326.71 317.46 September 29, 7!45 am 80% recovery 'AWE inions] P.i Feb 04 02 02:34p B&H General Contractors May -06-99 03:03P Hand ncerstrom c)ielc Z= � 15 N Og, O J J O - ' t N 970-345-0142 JUJ 4V caUJ e r 0, r (13 N N N a` yE yw a F� Lz U O Z� 3 0 a J J yW M W 03 u— • . ■ ■ 1 1• ■ ■ ■ • • sew L .. • ■ ' • • I• OCTOBER 13. 1997 0 Z CC uwi z 0 Z cc w 6 r I 1I 0 to 0 i[) 0 N 0 0() 0 0 0 V) �gy N N M a) `P V' 4) 0 0(0 a ('7 M M M M m M m (7 fC7 u t.rn =1MS) - laa; NMOOMVHO (-en us( uc ue: amp nein uenerai t.ontractors fu-36(n-uitie May- 05- 99 03 : U-31-1 Ha net 1-CLetYSZ rOM aieIc -11.11-1 40 441J-3 y.t.'( 6IQ- TABLE 2 WATER QUALITY RESULTS CDPHE DRINKING WATER STANDARDS JOB NAME: GILBERT WELL JOB )UMBER: 971-151.000 10B DESCRIPTION: Water Quality semolina - a weir PARAMETER UNITS CDPHE 1 Suggested Limits I GILBERT WELL Arsenic .._ Barium Cadmium 0) tn rti ing/L mg/l. mg/t. mpg- ---nTgit. ._._. _ mg/L 0.05 I 0 0.05 0 0 0,48 0 0 0.51 0.607 0 .. .._...... ..._ 0 ......__ . ._ 7.0 1110 19.8 138 57 2.4 1 1 0.01 0.05 . 4 i 0.05 0.002 10 0.01 Chromium in rn . (1) Pluorice .--. Lead Mercury rn 11)rng/L. in cn mg& _ .... mgX Nitrate ...._ Selenium Sliver mg/L units umhoskm".----no61fiaii 0.05 ... . no official limit no official Emit Emit ColorCo/Pt . _ .. pH RI Conductivity @25 deg c Sodium (3) (3) (3) (3) 3 (2) (2) MIL MA- mgt 20 no official limit 125 no official 'mit ' Calcium Magnesium iiPotasstumi Chloride mg/i. mg4. race- mg/L 250 250 20 220 0 325 393 Sulfate Phenol Alkalinity Total hiclinity IS) (3) r3i no official limit mg/L no official Unit Bicarbonate (HCO3) mg/1_ no official limit Carbonate (CaCO3) Dissolved Solids Hardness (CaCO3) 13) mg/1_ tz mg/T_ (3) mg/L no official limit 0 767 569 IA 0.28 .._ .. 0.002 0 0.033 . .. . 0.005- 0 0 0.002 0 • 500 200 1 ... Turbidity Boron ._, Copper _ (si N111 is) mg/L iZ mg/L no official limit, , 1 Iran Manganese ............ MolY0enum Ammonia ------ Phosphate Zinc Conform (total) .... (2) izmg/L OF i3) 131 0 in mgt 0.3 0.05 --nilimit al ... officcTofTcra-1 knit no no official limit I _ .., 5 _._. mgvi mg/L Mg/L mgA. 6-Non/es/room/ < 1 col/100m1 1 NOTES: 1MNE 10/16/97 (1) COPHE Primary Drinking Water Standards 12) Senondwy Maximum Contaminant Level. not enforceable by COPI.E (3) COPHE suggested limits. non -enforceable • some non -conform bacteria present • not ecpected to have effect or, water for domestic purposes. P • P . 04 ren u4 uc uc:dtp nart benerax Lcntractors utu->+4b-u14c May -06-99 03:04P Mario ?cterstroln zs iei< _sus 44.4r eauJ n .µ yhi 10.1 TABLE 3 WATER QUALITY PESTICIDE AND HERBICIDE ANALYSIS (ad units sre parts par million • ppm) PARAMETER GILBERT WELL HERBICIDES -EPA 515.1 AclAuorfen <00001 _--. Bantazcn Chloramba <0.00011 2,4-D <0.0002 ... Dalapon <0.001 2,4-0, B 40.0008 .._-- DCPA Acid Metaboliles(a) <0.00003 Oicambs I 40.0301 3,5Oiohlorcbenzeit add <0.0001 Diehloroprop I <0.0003 Dinoseb rt . <0.0002 5•Hydroxyd;omba <0.030! 4-Nibophenol , <0.0001 Pentachlorophenol (PCPL <0.0001 Pidoram 1 <3.0 _ . 001 - 2.4.8-T - <0.0001 .2.4,5 -TP -- <0.0001 PESTICIDES • EPA 505 Aldrin <0.0001 Chlordanesha <0.002 CAlorden• tar ma <0.002 Chlomeb i <00005 Chlorobenzdate (a) 1 <0.005 Ctaorothalonil L <0.00302 DCPA i 40,00003 4,0-0DD 1- .__ 40.00001 4,41 -DDE... <0.00001 4,4' -DDT I <0.00006 Dietdrir 40.00002 Endoeutfan I i <0.00002 Endostilan If <0.00002 Endoaulfan _Sulfate <0.00002 Endrin 40.00002 Endrin Aldehyde • <0.00003 EtridiazoIe ___ _ <0.00033 HCH-Alpha<0.00033 HCH -1303 _I <0.00001 HCH -Dela (a) <0.00001 NCH -Gemma (ncane) '<0.00001 Heptachlor<0.00031 Heptachbr epoxide1_ <000002 Hezacnlcrobenzene c0.00001 Methoxychlor <0.0001 ds -Permethrin <0.0005 trans -Permethrin i <0.0005 Propachlor 1 <0.0005 Trdluralin 1 <0.00003 Noclor 1018<0.001 Nodcr 1221 __ . ._._ ...._ <0.001 AroeIcr 1232 <0 001 Nocicr 1242-- <0.001 Nodor1248 ___.. ._ 40001 Arodcr 1254 <0 .OW /vector 1250 ...--.... -<0.001 Toxaphene -�--- 1 40.001 Chlordane .--- . _-.1 -__ <1902 _. _ VANE '0,159? P. 1u N.ub SO0x.0927%c;355 IN \WITNESS WHEREOF, these Covenants have been executed on the day and year above written. DECLARANT: STATE OF COLORADO )ss. COUNTY OF PITK N The foregoing instrument was acknowledged before me this on day of December. 1994. by Robert C. Ray. by Andrew V. Hecht his attorney in fact. as Declarant of the foregoing Protective Covenants Los Pinones Ranch Subdivision, Garfield County, Colorado. Witness my hand and official seal. My commission expires: 3/a0/97 fitorra--- Notary Pubiio 21 Q +`,C;2 200(0927 3J6 CONSENT OF LIENHOLDER TO PROTECTIVE COVENANTS FOR LOS PINONES RANCH SUBDIVISION The undersigned, First Virginia Bank of Tidewater. Beneficiary of that certain Deed of Trust recorded April 3. 1990 in Book 775 at Page 885 of the real estate records of Garfield County. Colorado which encumbers a portion of the Real Estate burdened and covered by the foregoing Protective Covenants for Los Pinones Ranch Subdivision hereby cohsents to said Protective Covenants and subordinates its interest in the Real Estate to said . Protective Covenants and the terms, provisions. restrictions and conditions thereof, as though said Protective Covenants had been recorded prior to the recording of said Deed of Trust; provided however, that portion of the Real Estate described in said Deed of Trust shall remain encumbered thereby as a first security interest in such Real Estate in accordance with the terms of said Deed of Trust. By: First Virginia Bank of Tidewater David W. Williams. Vice President STATE OF VIRGINIA ) C i Ty )ss. COUNTY OF NORFGCtc ) The foregoing Consent of Lienholder was acknowledged before me this o"3 day of December. 1994 by David W. Williams for and on behalf of First Virginia Bank of Tidewater. WITNESS my hand and official seal. My commission expires: fe-G ;7f". /q72 - nyUospinon\consent, IM ."b2 99! Do K m 3 0 a) m 0c m 0 �4 F 9.1.3 AT o s a m • a• 00 co7,1 o C > .• co c n 6 d O o(JC mcoWfD • 0.3-, O N a) V S h R 0 O s to Secur ty Features Included Q) Details on Back. Four Hundred and 00/100'** Al P2 Z V S k �O= azm tom wpm A O nor SnENn 0 0 0Az co c om� mon 0, N ra rnr 29 *r p to 0 co NOa co z -2220 a N N O0 00 0