Loading...
HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: www.garfield-county.com RECEIVED JUL 302003 GARFIELD COUNTY BUILDING & PLANNING 970.384.3470 Special Use Permit GENERAL INFORMATION (To be completed by the applicant.) �j ➢ Street Address / General Location of Property: 0q36 c. / O t /� / Road 32CJ Ri.9e C100161,0 BIGo / ➢ Legal Description: 1ow61 Sly1 pi 7 J oti ti kap ye y' j/(s --)- f o-i +61e 6 pm . SPc'+iioo s Lof Li, Secs U i `t= Lo+ I .Si/ > Existing Use & Size of Property in acres: Alf ► LU J fiI4,va I/Ex t S'fl v1 Res o ✓d} CI ➢ Description of Special Use Requested: ( ' C f t ()Ise ' 2. 0) . p p q Sp f/ u( C 4,f 50(-F "- , /4nr. cl Pr - or ' 'pprd v ci I of eso) o1 c/c- o? > Zone District: A/ ,/ // ➢ Name of Property Owner (Applicant): /fin old 1-. 4, raVlee.d► !" l GIG k /e y oi ➢ Address: L40 3 i Comfy Road 3L 0 Telephone: . - 402 .� -- 1 6 Y (/ ➢ City: 6, f )e- State: CO Zip Code: g163-0 FAX: 1()12 i 6 ➢ Name of Owner's Representative, if any (Attorney, Planner, etc): ➢ Address: Telephone: ➢ City: State: Zip Code: FAX: _ ➢ Doc. No.: STAFF USE ONLY Date Submitted: ➢ Planner: Hearing Date: TC Date: NE 1/4 u 55i fij I;Gk c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. (Signature of applicant/owner) Last Revised: 11/07/2002 i GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT ?'j44 -c -C 7C /altileE7frci Signature j O Date: 7/243 4,,c.✓ 1 al L . ���/e 7 Print Name Matting Address: d42' 1'o //d 32 D /c , Co //c So Page 4 /e/zE� /cote SPECIAL USE PERMIT GENERAL INFORMATION Street Address/General Location of Property: 0436 County Road 329, Rifle, Colorado 81650 Legal Description: Township 7 South, Range 94 West of the 6th PM, Section 3: Lot 4, Section 4: Lot 1, S1/2NE1/4. Existing Use & Size of Property in acres: Agricultural and Special Use (Resort Classification as of 1/5/1999). Property size is 160 acres. Description of Special Use Requested: Amend prior approval of Special Use Permit (Resort Classification) — 2.02.448' Zone District: ,A/R/RD Name of Property Owner (Applicant): Arnold L. and E. Darleen Mackley Address: 4031 County Road 320, Rifle, Colorado 81650 Telephone: 970-625-1641 Application Submittal Requirement #1 The nature of this Special Use application is to amend an existing Special Use Permit — Resolution No. 99-08 approved on January 5, 1999. The previous Special Use Permit was not clear on the amount of square footage allowed for the Lodge structure. By submitting this application we want to clarify our proposed plans for the size of the Lodge, since its purpose is to hold gatherings of people for a multitude of purposes. Please refer to the narrative, which was previously submitted and is part of the record for an extensive description of the approved Special Use Permit - Resolution No. 99-08. In our previous application we had not yet designed the lodge specifically and we now realize that we must expand the square footage in the Great Room to be able to comfortably hold our guests. Our previous application granted us a Lodge footprint of (40 ft. x 60 ft). To increase the size of the Great Room this amended Special Use application would request a footprint that is 50 ft. x 80 ft., with a small dining area attached to the outside of this footprint that is approximately 15 ft. x 25 ft., for a footprint total of 4,375 square feet. We also want to clarify that we plan to have a basement used for the Lodge's mechanical room, general storage and family activities (crafts/computers). The square footage of the basement has not yet been determined. We will be building simultaneously with the Lodge, one of the previously approved cabins. It will be located close to the Lodge. We also want to clarify that the shape of the cabins will remain flexible while keeping consistent with the previously granted permit, in that their total living area is between 1,500 to 2,500 square feet. For example one cabin may have a footprint of 40 ft. x 40 ft. (1,600 sq feet) plus an upstairs of 30 ft. x 30 ft. for a total of 2,500 square feet, whereas another cabin may have a 25 ft. x 35 ft. upstairs living suite with a parking garage underneath. Since our last application we have grown to have a better understanding of where our resort should grow for optimum land use and business strategies. As our previous application stated we will continue to be conscious of the environment and of our neighborhood when completing the remaining three cabins. Application Submittal Requirement #2 Please refer to the supplemental documents that were submitted with the previously granted Special Use Permit, Resolution No. 99-08. Application Submittal Requirement #3 Please refer to the supplemental information for Resolution No. 99-08. Application Submittal Requirement #4 Please refer to the supplemental information for Resolution No. 99-08. Application Submittal Requirement #5 Please see attached the appropriate portion of map delineating the landowners who are adjacent to subject property. Bureau of Land Management P.O. Box 1009 Glenwood Springs CO 81602-1009 Bernklau, Theadore Carl & Linda Lee P.O. Box 1418 Rifle, Colorado 81650 Bernklau, Carl H. & Theadore Carl & Bernklau, Nathaniel Ross & Natalie Noelle P.O. Box 1418 Rifle, Colorado 81650 Higher View Lots, LLC P.O. Box 1418 Rifle, Colorado 81650 Michelle Fracasso 0349 County Road 329 Rifle, Colorado 81650 Richard and Susan Stoakes 0939 County Road 329 Rifle, Colorado 81650 Arnold L. and E. Darleen Mackley 4031 County Road 320 Rifle, Colorado 81650 Application Submittal Requirement #6 For the deed and legal description of subject property please refer to the supplemental information for Resolution No. 99-08. Application Submittal Requirement #7 Not Applicable Application Submittal Requirement #8 a). Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall be constructed in conjunction with the proposed use. b). Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use is in place. c). Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character. Application Submittal Requirement #9 Not Applicable. Application Submittal Requirement #10 See attached Agreement for Payment form with payment. Application Submittal Requirement #11 See attached two copies of completed application form and all the required submittal materials. Mackley Special Use Permit Requesting Resort Classification The parcel of land for the proposed property use consists of 160 acres. It contains natural forestry indigenous to the area: sagebrush, pinion, stands of cedar, oak, and cottonwood. The property also contains several cleared meadows and is peppered with several natural spring water sites. The property is bordered by both private and public lands. In its decade of use as a ranch and home site various roads and trails have already been constructed which will suffice as hiking, horseback and cross country ski trails. Roads and trails were built by the pioneers to accommodate wood gathering, access to the fields, and livestock grazing. To access the property one may choose from either a Rifle or Rulison exit via I-70. The county roads leading to the property are 323, 309, 320, and 329. The land is located 4.5 miles east of Rulison and approximately 8.5 miles west of Rifle on the south side of the Colorado River. With the exception of County Road 329 (a IA mile gravel road,) the roads are surfaced with chip and seal. The road within the property that would be used for motor vehicle access is maintained and newly graveled. The road (driveway) leading to the property off of County Road 329 has adequate sight distance in both directions and will not require any modifications to satisfy the needs of this requested use. With cleared ground in both directions it is not a blind or hidden driveway so any vehicle can enter the grounds safely. The property is unique and well suited for the requested use in that it is situated in hidden valleys and hills that will provide a screening for the proposed use. All activities and cabins will be nestled into the surrounding forestry and valleys, and will not affect any scenic views held by the neighboring ranches. The stream running through the main valley of the property is Spruce Creek. It is a seasonal creek and its flow is about 1 cfs. We have the decreed right to that water. The property also contains many natural water springs which flow at approximately 40-50 gpm. We also have the decreed right to all of those springs. There are no drilled wells on the property. There are presently three buildings on the property: a 24x30 log cabin, a 20x30 garage, and a small storage shed. The log home was constructed in the 1940s, after the original house was destroyed by fire. The interior was completely remodeled in the late 1980s, but the rustic log cabin shell was kept intact. The garage was constructed in the 1960s and is in good condition and will require no further changes in its appearance. The property is the seasonal home to elk, mule deer, wild turkey, coyotes, ground squirrels, chipmunks, porcupines, raccoons, and a variety of bird life. It also provides seasonal productive hay ground for cattle and horses. We currently have a cooperative landowner/Colorado Division of Wildlife agreement to enhance feed production for both wildlife and domestic animals. The program is partially funded by the Colorado Division of Wildlife. This requested use change will not affect this cooperative program or the agricultural uses. The use can be compatible and beneficial to each other. The following is a list of proposed uses which follow the intent of the resort classification: 1. A small kitchen, presently located in the main cabin, that would accommodate up to 20 people and serve overnight guests and reservation only diners. 2. Small Garden Weddings - We would offer one of the only outdoor sites to hold weddings in a secluded setting in the Rifle/Rulison area. 3. Small Wedding Receptions/Rehearsal Dinners by reservation only - the large open lawns provide adequate space to barbecue and all catering can be done on site in the cabin's kitchen. 4. Seasonal Parties by reservation only - The layout of the surrounding grounds is perfect for small company parties, church picnics, high school reunions, anniversaries, etc. Mackley 2 5. Company and Family Reunions by reservation only - The presence of both cabins and campsites will make this an ideal location for small extended gatherings. 6. Company Parties/Dinners by reservation only - We would cater to small seminars and weekend retreats. 7. Family Vacation/Lodging by reservation only - The proposed use will allow the families to participate in activities such as fishing, horseback riding, hiking, hay rides, camping, sledding, and snow shoeing. The cabins will allow the families to be independent in their commissary needs, or it can be provided for them upon request. 8. Camping Sites (4) - Nestled into the surrounding hills and forestry, these secluded, unobtrusive sites will allow for an authentic outdoor experience in a controlled setting. 9. Trails - The surrounding grounds have existing trails that are raw, yet maintained, giving the feeling that one is out in nature, not in a man made park. These trails will be used for horseback riding, hiking, cross-country skiing, llama trekking, snow shoeing, and access to campsites and picnic sites. 10. As per the availability of funds, the projected growth of the facilities will expand to include hot tubs, a driving range and putting green for golfers, and a gas lamp lit cross-country ski trail. In the lodge (to be built) will be adequate space and technology to hold small business conferences and professional working weekends. The hours of operation will depend upon the demand for use of the property. Ultimately, it would be ideal if the cabins were booked every night, and the outdoor activities would be conducted during the daytime hours. We propose that all requests to use the facilities be by reservation only, in hope to prevent undue traffic at late night hours. The amount of vehicles accessing the property will also vary depending on how large the planned function is. If necessary, a shuttle will be run from our ranch on County Road 320 to the property, albeit at either place there is adequate parking. Depending on the success of the proposed use the amount of vehicles accessing the property will range from one vehicle to, at the most, 25. If the number of guest vehicles exceeds 25 a shuttle will then be run from the main ranch. The purpose we hope to accomplish with the special use is two fold. First, we hope to fulfill a need in this portion of the county to provide a secluded escape for families, couples, and companies to congregate in the peaceful serenity of a natural Colorado setting. Second, it is not possible to make an investment such as this ranch provide for its own operational costs using strictly agricultural and livestock means as its only source of income. We want to avoid, at all costs, the subdivision of this land. The proposed use will allow the land to stay in the family and support them as they continue to live there and create ways for the land to work for them. We request the right to use the existing log house to provide lodging and meals and to use the existing garage as a storage facility. The storage shed will remain as storage. There is a partial root cellar that will be restored to usable condition. We plan to approach the project in phases so that it can be determined, by experience, what the needs are and the direction we should head in order to be successful. The first two years we would operate with the present cabin as the primary building for lodging and meal preparation while we were constructing a small lodge (40x60) with food preparation facilities, a guest cabin (20x30±), and four campsites. If the project appeared to be successful and funding was available, the next phase of the project would be to build a cabin each year until it reached the four allowed. Overall, it should be emphasized that the proposed use of this land will be the utilization of its existing nature. Extreme care will be taken to make sure that no scenic views will be ruined and that no forestry will be disturbed. We want to keep this operation as private and unobtrusive as possible so that the main draw of the patrons will be to experience the tranquillity of the setting while gathering in fellowship. While striving to provide this for our guests, we will approach this venture with the utmost concern of protecting the existing serenity and lifestyles of our neighbors so that they will not be disturbed. LIST OF ACTIVITIES PREVIOUSLY HELD ON PROPERTY Pastoral Conferences - early 1960's Mackley family reunion Bemklau family reunion Tuttle family reunion - 2 held Class of 1954 reunion - 2 held Thye family reunion Wedding Rehearsal Dinner - 68 people Cleveland Cliffs company picnic - 50 people Emmanuel Lutheran Church - 3 picnics , average attendance 90 people Anniversary parties and honey moon accomodations Birthday parties 4th of July Celebrations - 40 people Associated Governments/Uranium Mill Talings Remedial Action meeting and B.B.Q. Republican Central Committee Meeting and Dinner - 50 people Garfield County Fairboad meetings and dinner - 40 people CER/Department of Engery - B.B.Q. - 20 people Graduation party - 80 people Youth Group Retreat - 30 people Boy Scout Campout - 20 people Colorado Astronomers Society - 2 night campover - Use of very large telescopes - 90 people Dragon's Shoe Store - company picnic - 35 people ties, .5. • %E —DHFR 2—HD(R4-F) 11. APriTgriVngill :N \\\\\\ r • 0 Nts,.A. NN. 'W'fl7oaFN. , 0 r� nJ \ T C ill \.\ JJ U' (U) n it (o J 1•3/ /s C 4 •• ED a 0l V>, A\\\ \\\\\\w N33bo wvvvvvvvvvvv\�y y)"'" \\\\ L 3N dna • d \\\ \\\\ \\ :\� �\ \\:\ ist U); O �c(Pcp Of 07/29/2003 23:00 1212966332° Garfield County Assessor Property Search CITY PAGE 01 Page 1 of 2 Property Information Search > Results > Detail Get Map Owner Name: Arnold L. & E. Darleen T I C Mackley Type: Primary Address: 4031 County Road 320 Rifle, CO 81650 Property Address: Account number: Parcel number: Sub -division: Condo: Neighborhood: Area; Legal: Taxes Land sb;e.t4 P,.P"LA-`� Rifle, CO R024410 240504100018 450003 24 SECT,TWN,RNG:3-7-94 DESC: LOT 4(40 AC). SEC 4 LOT 1(40.08 AC), S1/2NE BK:0879 PG:0415 BK:0324 PG:0063 BK:1456 PG:232 RECPT:624701 BK:1128 PG:884 RECPT:545272 BK:1128 PG:883 RECPT:545272 BK:0765 PG;0590 BK:0694 PG:0880 BK:0694 PG:0878 Total Value: $29,430.00 Total Taxes: $144.28 Amount Paid: $144.28 Value: $650.00 Land size: Square feet: Acres; 2.90 http://www.mitchandco.com/realEstate/garfield/propertyDisplay.cfm7AccountNo=8024410 7/30/2003 07/29/2003 23:130 1212966332° Garfield County Assessor Property Search Value: Land size: Square feet: Acres: Building(s) Type: Value: Description: Actual year built: Heated square feet: Bed rooms: Bathrooms: Stories: Architecture style: Construction quality: Type of heat: Roof structure: Roof cover: Exterior wall: Improvement(s) Value: Description: Value: Description: $880.00 157.18 Residential $27,620.00 FARM/RANCH 1949 768 1.0 0.0 1.0 1 -STORY LOW WOOD STOVE GABLE CORG METAL LOG $120.00 OPEN PORCH $160.00 SHED CITY PAGE 02 Page 2 of 2 Copyright © 2003 Mitchell & Company, Inc. All Rights Reserved. http://www.mitchandco.com/realEstate/garfield/propertyDisplay.efm?AccountNo=R024410 7/30/2003 07/29/2003 23:00 1212966332r Garfield County Assessor Property Search CITY PAGE 06 Page 1 of 2 'okrao. Property Information Get Map W� Search > Results > Detail Name: Michelle Fracasso Type: Primary Address; 349 County Road 329 Rifle, CO 81650-9651 Address: Account number: Parcel number: Sub -division: Condo: Neighborhood: Area: Legal; Total Value: Total Taxes: Amount Due: Value: Land size: Square feet: Acres: 000349 329 County Rd Rifle, CO R024499 217533400112 152009 24 SECT,TWN,RNG:33-6-94 DESC: SESE BK:0586 PG:0256 BK:0562 PG:0728 BK:1335 PG:172 RECPT:598538 BK:0937 PG:0273 BK:0809 PG:0457 $432,520.00 $1,258.08 $1,258.08 $160,000.00 40.00 Type: Residential http://www.mitchandco.com/realEstate/garfield/propertyDlsplay.cfm?AccountNo=R024499 7/30/2003 07/29/2003 23:00 1212966332° Garfield County Assessor Property Search CITY PAGE 00 Page 1of2 Property Information Search > Results > Detail Get Mao ...isitt: Owner Property Name: Paul A. & Carla R. OA.) Bernklau Type: Primary Address: 939 County Road 329 Rifle, CO 81650 Address: Account number: Parcel number: Sub -division: Condo: Neighborhood: Area: Legal: Taxes Land Total Value: Total Taxes: Amount Due: Value: Land size: Square feet: Acres: Building(s) 000939 329 County Rd Parachute, CO R247319 240504100079 iSaid 0-1 Sto7ak.es ,/z.4it) c5 LO a—• -•s] deets n -.-i MOBILES IN TRACTS SAME OWNER 24 SECT,TWN,RNG:4-7-94 DESC: A PCL IN LOT 2 & SWNE CONT. 7.75 AC. BK:0693 PG:0048 BK:0662 PG:0522 BK:0568 PG:0037 BK:0568 PG:0037 BK:0565 PG:0797 13K:0528 PG:0076 BK:0300 PG:0430 BK:0263 PG:0461 BK:0199 PG:0360 BK:0093 PG:0314 BK:1040 PG:0543 PRE:R247129 $252,600.00 $1,010.60 $1,010.60 $88,000.00 7.75 http://www.mitchandco.com/realEstate/garfield/propertyDisplay.cfin?AccountNo=8247319 7/30/2003 07/29/2003 23:00 12129663329 Garfield County Assessor Property Search CITY PAGE 10 Page 1 of 2 Property Information Search > Results > Detail Get May i1, Owner Property Name: Theodore Carl & Linda Lee Bernklau Type: Primary Address: Po Box 1418 Rifle, CO 8165D Address: Account number: Parcel number: Sub -division: Condo: Neighborhood: Area: Legal: Total Value: Taxes 001191 329 County Rd Rifle, CO R008101 240504300089 460002 24 SECT,TWN,RNG:4-7-94 DESC: SW, EXCEPT 3.12 AC AS DESC IN BK 159 PG 108. SENW, EXCEPT . 8 AC AS DESC IN BK 159 PG 110. SWNE LY NWLY OF CTY RD 329 AS DESC IN BK 879 PG 415. EXCEPT PT OF SENW LYING SELY OF CTY RD 329 AS DESC IN BK 879 PG 416. EXCEPT PARCEL A OF SPRUCE CREEK EX. AS DESC IN BK 1040 PG 543. EXCEPT LOTS, 1( 2,84 AC), 2(3.46 AC), 3 (3.75AC), OF THE BERNKLAU EXEMPTION II, REC NO 560803 BK 1319 PG 441, BK 1319 PG 442, BK 1319 PG 443. BK:879 PG:416 BK:879 PG:415 BK:159 PG:110 BK:159 PG:108 BK:1040 PG:543 BK:0693 PG:0048 BK:0662 PG:0522 BK:0568 PG:0037 BK:0565 PG:0797 BK:0528 PG:0076 BK:0300 PG:0430 BK:0263 PG:0461 BK:0199 PG:0360 BK:0093 PG:0314 BK:1319 PG:443 RECPT:595413 BK:1319 PG:442 RECPT:595412 BK:1319 PG:441 RECPT:595411 BK:1297 PG:474 RECPT:590720 BK:1295 PG:705 RECPT:590331 BK:1218 PG:28 RECPT:572394 PRE:R024379 PRE:R247129 SUC:R008241 TO:R008243 $3,270.00 http://www.mitchandco. com/realEstate/garfield/propertyDisplay.cfin?AccountNo=R008101 7/30/2003 07/29/2003 23:00 1212966332° Garfield County Assessor Property Search CITY PAGE 12 Page 1 of 2 Property Information Get Map Search > Results > Detail Owner Name: Carl H & Theodore Carl & Bernklau Type: Primary Address; Bernklau,Nathaniel Ross & Natalie Noelle P 0 Box 1418 Rifle, CO 81650 Property Address: Rifle, CO Account number: R247129 Parcel number: 240504200071 Sub -division: Condo: Neighborhood: Area: Legal: Total Value: Taxes 460002 24 SECT,TWN,RNG:4-7-94 DESC: SW1/4, S2NW, LOTS 2, 3, 4, SEC S NESE 6-94 SEC 33 SWSE, EXCEPT A TR CONT 7.75 AC IN LOT 2 & SWNE OF SEC 4 AS DESC IN BK 1040 PG 543. EXCEPT ALL THAT PT OF LOT 2 SENW OF SEC 4 LYING SELY OF CTY RD 329 CONT 10.70 AC AS DESC IN BK 879 PG 415, ALSO ALL THAT PT OF THE SWNE & LOT 1 OF SEC 4 LYING NWLY OF CTY RD 329 CONT 7.26 AC AS DESC IN BK 879 PG 416. EXCEPT A TR OF LAND CONT 198.67 AC AS DESC IN BK 1218 PG 28 AND IN BK 1295 PG 705. BK:879 PG:416 BK:879 PG:415 BK:159 PG:110 BK:159 PG;108 BK:1040 PG:543 BK:0693 P3:0048 BK:0662 PG:0522 BK:0568 PG:0037 BK:0565 PG:0797 BK:0528 PG:0076 BK:0300 PG:0430 BK:0263 PG:0461 BK:0199 PG:0360 BK:0093 PG:0314 BK:1399 PG:946 RECPT:613463 BK:1377 PG:891 RECPT:608885 BK:1297 PG:474 RECPT:590720 BK:1295 PG:705 RECPT;590331 BK:1218 PG:28 RECPT:572394 BK:1021 PG:703 RECPT:509357 PRE:R024379 $40,320.00 http://www.mitchandco.com/realEstate/garfield/propertyDisplay.cfm?AccotmtNo=8247129 7/30/2003 07/29/2003 23:00 1212966332 Garfield County Assessor Property °earth CITY PAGE 14 Page 1 of 2 cora o Property Information Get Map w -?Yr Search > Results > Detail Name: Higher View Lots, Llc Type: Primary Address: Po Box 1418 Rifle, CO 81650 Address: Account number; Parcel number: Sub -division: Condo: Neighborhood: Area: Legal: Total Value: Rifle, CO R008241 240504200090 162001 24 SECT,TWN,RNG:4-7-94 DESC: LOT 1 BERNKLAU EXEMPTION II, REC NO560803 BK:879 PG:416 BK:879 PG:415 BK:159 PG:110 BK:159 PG:108 BK:1040 PG:543 BK:0693 PG:0048 BK:0662 PG:0522 BK:0568 PG:0037 BK:0565 PG:0797 BK:0528 PG:0076 BK:0300 PG:0430 BK:0263 PG:0461 BK:0199 PG:0360 BK:0093 PG:0314 BK:1319 PG:441 RECPT:595411 BK:1297 PG:474 RECPT:590720 BK:1295 PG:705 RECPT;590331 BK:121S PG:28 RECPT:572394 PRE:R024379 PRE:R247129 PRE:R008101 $64,890.00 Total Taxes: $5.56 Amount Paid: $5,56 Value: $64,890.00 Land size: Square feet: http://www.mitchandco.tom/realEstate/garfield/propertyAisplay.cfm?AccountNo=R008241 7/30/2003 07/29/2003 23:00 1212966332° Garfield County Assessor Property Search CITY PAGE 15 Page 1 of 2 Property Information Get Map Search > Results > Detail Owner Name; Higher View Lots, Lk Type: Primary Address: Po Box 1418 Rifle, CO 81650 Property Address: Rifle, CO Account number; R008242 Parcel number: 240504200091 Sub -division: Condo; Neighborhood: Area; Legal: Taxes Land Total Value: Total Taxes: Amount Paid: Value: Land size: Square feet: 162001 24 SECT,TWN,RNG:4-7-94 DESC: LOT 2, BERNKLAU EXEMPTION II, REC NO560803 BK;879 PG:416 BK;879 PG:415 BK;159 PG:110 BK:159 PG:108 BK:1040 PG:543 BK;0693 PG:0048 BK:0662 PG:0522 BK:0568 PG:0037 BK:0565 PG:0797 BK:0528 PG:0076 BK:0300 PG:0430 BK:0263 PG;0461 BK:0199 PG:0360 BK:0093 PG:0314 BK:1319 PG:442 RECPT;595412 BK;1297 PG:474 RECPT:590720 BK;1295 PG:705 RECPT:590331 BK:1218 PG:28 RECPT;572394 PRE:R024379 PRE:R247129 PRE:R00B101 $68,500.00 $5.56 $5.56 $68,500.00 http://www.mitchandco.com/realEstate/garfield/propertyDisplay.cfin?AccountNo=R008242 7/30/2003 07/29/2003 23:00 1212966332 - Garfield County Assessor Property Search CITY PAGE le Page 1 of 2 Property Information Get Map Search > Results > Detail Name: Higher View Lots, Lle Type: Primary Address: Po Box 1418 Rifle, CO 81650 Address: Account number: Parcel number: Sub -division; Condo: Neighborhood: Area; Legal: Total Value: Rifle, CO R008243 240504200092 162001 24 SECT,TWN,RNG;4.7-94 DESC: LOT 3, BERNKLAU EXEMPTION II, REC NO560803 BK:879 PG:416 BK:879 PG:415 BK:159 PG;110 BK:159 PG;108 BK:1040 PG:543 BK:0693 PG:0048 BK:0662 PG:0522 BK:0568 PG:0037 BK:0565 PG:0797 BK:0528 PG:0076 BK:0300 PG:0430 BK:0263 PG:0461 BK:0199 PG:0360 BK:0093 PG:0314 BK:1319 PG:443 RECPT;595413 BK:1297 PG:474 RECPT:590720 BK:1295 PG:705 RECPT:590331 BK:1218 PG:28 RECPT:572394 PRE:R024379 PRE:R247129 PRE:R008101 $68,500.00 Total Taxes: $5.56 Amount Paid: $5.56 Value: $68,500.00 Land size: Square feet: http://www.mitchandco.com/realEstate/garfield/propertyDisplay.cfm?AccountNo=R008243 7/30/2003 Account: Tax Year: Parcel: R247154 2003 802423107000 Account Type: Version: 20030407000 Area ID: 024 Mill Levy: 54.042000 APR District: Estimated Tax: 3.78 Status: * This Mill Levy is from the most recent tax roll Name and Address Information Legal Description A U.S. MINERAL LLC SECT,TWN,RNG:3-7-94 DESC: 50% INT IN LOT 4 SEC: 4 LOT 1 1675 BROADWAY STE 1060 1, S1/2NE BK:0911 PG:0524 BK:0911 PG:0523 DENVER, CO 80202-4610 Property Location SEVERED MINERALS RIFLE, CO Assessment In of rmation A_i ✓e2,1 / Ou14./e,cj' Actual Assessed SQUARE FEET Acres Taxable Tax Year 2003 Land Improvements Exempt Total 240 0 240 70 0 70 0 40.000 0 70 Tax Year: 2002 Land Improvements'; Exempt Total 240 70 0 40.000 0 240 0 70 0 70 Garfield County Account: Tax Year: Parcel: R247155 2003 802423207000 Account Type: Version: 20030407000 Area ID: 024 Mill Levy: 54.042000 APR District: Estimated Tax: 3.78 Status: * This Mill Levy is from the most recent tax roll Name and Address Information Legal Description A MORENERGY EXPLORATION COMPANY SECT,TWN,RNG:3-7-94 DESC: 50% INT IN LOT 4, SEC: 4 LOT 410 17TH ST STE 2001 1, S1/2NE BK:0911 PG:0524 BK:0911 PG:0523 DENVER, CO 80202-4402 Property Location SEVERED MINERALS RIFLE, CO Assessment Information Actual J'/i,.Je 4. / ZSAyo. sA Assessed SQUARE FEET Acres Taxable Tax Year 2003' Land Improvements Exempt Total 240 70 0 40.000 0 240 0 70 0 70 Tax Year 2002 Land Improvements; Exempt Total 240 70 0 40.000 0 240 0 70 0 70 Garfield County - re - J 0 w as �Lz H =6U —N O r- =0 W —co M —m LL ---=ma ap aim at 0 NN 0 N EM c 6 m -no = 0 —� 0 ce • —'ri to 0 a ▪ LO = =04- MEI gi a _N e+ CORDED RETURN T to S REQUEST FOR RELEASES�OF DEED OF TRUST AND RELEASE // a /9 /998 Date Arnold L /'lack/ey, £ Dar/pen Mack/e9 and Richntrd 44 Tit /'/P Original Grantor (Borrower) Gerald L n/risen fiefen fi CI 4S:12 Beneficiary (Lender) s e.P'fu nih er /I /936 Date of Deed of Trust .September it: y9S6 Recording Date of Deed of Trust Ga rf r e I d County of Recording Reception No. // Film'rvn/. p Reception and/or Film Nos. of Recorded Deed of Trust 69"'' 71 Film J f_5 OS6 Book and Page of Deed of Trust took Na Page No./ / r� TO THE PUBLIC TRUSTEE QF G ar f i P /d County (The Public Trustee to which the above Deed of Trust conveys the said property.) Please execute this release, as the indebtedness secured by the Deed of Trust has been fully or partially paid and/or theyurpose of the, Deed of Trust has been fully satisfied. Or (90 nCt1 no fe $dre¢d oftrust exhibited a/5- Paid Gorrlld L, ()Idciien Canr1 fio.Ion t� Oleicen can Ce. Current onnennd Odder ante Indebtedness secured by Deed of Trust (Lender) /✓ Qf Name and Title of ngem or Officer of Current Owner and Halder OL are Signature State of Colorado, County of The foregoing request for relleeaseQ as acknowledged before me on OS-t_,i'�VOS-x, , ISeN 4Ala (date) by* g/?OI. A ULrelease/ NrLdN D (OLosoU 1:2.31-.:x)0 y o .Pr A9 OQ>4 4w Signature Notary Public Date Commission Expires My Commission expires: RELEASE OF DEED OFTRUS'IDOC•lWef 31, 000 • WHEREAS, the above referenced Grantor(s), by Deed of Trust, conveyed certain real properly described in said Deed of Trust to the Public Trustee of the County referenced above, in the State of Colorado, to be held in trust to secure the payment of the indebtedness referred to therein; and WHEREAS, the indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the Deed of Trust has been fully satisfied as set forth in the written request of the current owner and holder of the said indebtedness. NOW THEREFORE, in consideration of the premises and the payment of the statutory sum, receipt of which is hereby acknowl- edged, I, as the Public Trustee in the County first referenced above, do hereby remise, release and quitclaim unto the present owner or owners of said real property, and unto the heirs, successors and assigns of such owner or owners forever, all the right, title and interest which I have under and by virtue of the aforesaid Deed of Trust in the real estate described therein, and more particularly described as follows: See Exhihrf /1A-‘‘ attached here -to and 6y reference incorporated here(n, TO HAVE AND TO HOLD THE SAME, with all the privileges and appurtenances thereunto belonging forever; and furjher 1 do hereby fully and absolutely release, cancel and forever discharge said D d of Trust. EXHIBITED: Note Deed of Trust STATE OF COLORADO ) COUNTY OF GARFIELD) _ The foregoing instrument was me on acknowledged before me on JUN 1 1 1998 te) by by Shirley I. Boulton, Deputy Public as the Trustee for Garfield County, Colorado ecce of • County Colorado ea -q-00 Date Commission Expires 'Ir applicable, Ram title or agent or omur and name a/curiumowna and holder. I Public Mahe By wry Publl<Th.atee (�\i07.' CI• O Witness My Hand and Seal (311r -1.E1 OL; y v Original Note and Deed of Trust Returned to: Received by Name and Address of Person Creating Newly Created Legal Dcuription (3 33.5.106.5. CR.S) Geed No. 935. Rev. 6-92. (REQUEST FOR) (' and led 20 eti 616,10 .02-(303)392.1500-3.97 c5 " OF DEED OF TRUST 0 Bradford Publishing, 1743 Warn St. 3 nONNN-d0 IO g'op1'pO J 0 0033338�y'mo'umoo -+ -+ 0 0 0 0 0 N 0 0 0 N 0 N N as (/I;mT�TT; Ommirmmp-D➢DD 2 2 2 n m g d 5 0 = 0 0 4 C C' 0 n=_>>>> 300 0 0 33 0.0.00 n m m m= = mm2 OH 2226m 22@ a as 0000mauurl07 �'avaf00aa°'°' RR sss�y00•s=m10a meisco' amznno 000`00000 p''"R' Zv VV ZZZZZZOO ��' T a 3 0 0.0.0.x. 0.00H„ N108000 073+0100 --'SS Z OZZZ N N 0 0 0 (0 0 0 0 0 0 (0 0 0 0 0 0 0 0! 0 0 0 0 0 0 R v V a V a o 17'0 a 13'00-0 V V a a V o a a 'Om 22 2222 2222222222222222 22222222221,12222222222222 Q0000000000ry0 ry0 QQp 00000000 00000 mm m 0000 N 0 mm 0 0 N mm n ryN ET". mm T. JC JC JC IC JC R' S F F IC JC x F JC S F JC IC F JC.T JF NmmmNmmm m §mzz$ m mmmm momMTIFI5mMmmmmm %$g?}mz$$mzmm a a a 001 T m 01 4 a a a a a a a 0 0 N N a a a a -4-4 V V J V V V oo V V V 01 001 01 J V V V V V V V 00000000000000.00!0000(00 ggrnwmgETTgTgggwrgwrn 00000000]1000919009.m00000r f71-(000009000000022 0W03O00 0 l/1000psoppoommmo00pp00ppp0 09 poop 900 901'1 m m ssssssssssssssssss1111 0(0(0(00 0 0 10 10 0 0 0 10 1U 10 (O 10 10 (pp app 0 0 0 0 ammm NNJaaawWCVauil++aa0mmm gRgRR + 0(010(01D(C CC b b 101010000000000000 a a 0 O 00100010. O O V a+ 00 0 N (0 N 0 0 0 0 0 p 0 0 0 a 4 4 a a a a a O a a J V J J 000000000000000000000000 tp p1 0 00000 O O aaaaaaaaa at N N N N N W N..�p, 21p (00 PO CO CD 00g 0q00wow Cn mo NN�NN NNNWP00NnNNNNV1000000101! �04�Qf 0 a J a J 00) 3 NJ Cp,) Nm N N mN }�0Q}�{j 0 0 00 000 0 0 a 0 m J J J J 0 0 0 a a a a 0 o 0.0 O O O o $g-• 00000P 05� 0000 oaga oo+gog g»ggg ao 88831000000000,000 b"3 u4o 88888 So 00000000➢000000000000000 pi a o as i1 N 10J N0110J 1GJ<S<�pS `C oO.. �. S< Cnal A'Nl11mm0J9Nmmmm�m§-.2.100 0uu b i d aQm N aCa R Co ▪ o 19C4n8 rr• aa Abandoned By Court Order 06/19/1967 Abandoned By Court Order 06/19/1967 23 61 a pA z12^ Wv1 N p O 0 Kill m 0 0 0 a a c c V'1 ;'511R zz H aH m0 0 N Dg O 00 Ea T a 0 0 n_ SZ CC c4 -V _a =R 4 4 SOIL De A. ea WHEN RECORDED RETURN TO: (g3Y S3 `t �7,�///� REQUEST FOR RELEASE OF DEED OF TRUST AND RELEASE .. . n (,r" /9).1998 Date Arnold 4 ack Icy, £ Darken Mackey and Richard NI To 1-f/P Original Grantor (Borrower) Gerold 1 n/d Sena /Ieken h Did-bI®Inal Beneficiary (}/ (Lender) Sep -coni her if i9S% Date Deed Trust of of September it ' i'j N6 Recording Date of d Deed of Trust &xi—Fie I d County Recording of 31425'2. Reception Film Nos. Recorded Deed Trust Na. and/or of of Reception No. pFilm W..5'1 694 R84 `y `I -S 886 Book and Page of Deed Trust of Boot Na Page Na.' TO THE PUBLIC TRUSTEE OF cc:Jar- held County (The Public Trustee Deed to which the above of Trust conveys the said property.) Please execute this release, as the indebtedness secured by the Deed of Trust has been fully or partially paid and/or thepurpose of the, Deed of Trust has been fully satisfied. Or t'9 1 Ga f note & deed of trust Q X h ib g fed as paid Gerold 1 0ld4;en rind /fei./Qn %l 0/risen CIAn C.Q. Cunene Owner and Homer or the Indebtedness Secured by Deed orTmt (Lender) ,�,'�� OO �J ��Tp //•�l Name and Tide of Agent or Omar ofCune{n,,Owner and Holder /(� //� /� h C'2' (O/144,,'V ` ' / 1, 't a Z V . , ✓ /L`/ sienalu re sign. A` State of Colorado, County of--,SP.R .. P(/e`a`s y�%Lz 0ao._ '\,P gl The yforegoing request for release acknowledged before me on /rI/99(date)by' _�.,. ad } `l_ ANN eco l,. 0L SEN ANA t uvdar(r d `WltnessMy�p . ndSeal5t=L-eN 0 (QL0St U ro3-i9f Co 9,, -40(2 7/A -V/_.: aY) blowy Public Date Commission Expires My Commission em RELEASE OF DEED OFTRUSIOGOOMber 31, ZOO WHEREAS, the above referenced Grantor(s), by Deed of Trust, conveyed certain real property described in said Deed of Trust to the Public Trustee of the County referenced above, in the State of Colorado, to be held in trust to secure the payment of the indebtedness referred to therein; and WHEREAS, the indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the Deed of Trust has been fully satisfied as set forth in the written request of the current owner and holder of the said indebtedness. NOW THEREFORE, in consideration of the premises and the payment of the statutory sum, receipt of which is hereby acknowl- edged, I, as the Public Trustee in the County first referenced above, do hereby remise, release and quitclaim unto the present owner or owners of said real property, and unto the heirs, successors and assigns of such owner or owners forever, all the right, title and interest which I have under and by virtue of the aforesaid Deed of Trust in the real estate described therein, and more particularly described as follows: see £xhib;F 'A' 0,f -1 -ached heref-o and by reference incorporated herein, TO HAVE AND TO HOLD THE SAME, with all the privileges and appurtenances thereunto belonging forever, and furjher I do hereby fully and absolutely release, cancel and forever discharge said D- d of Trust.., EXHIBITED: Note t! ii . Deed of Trust r ud / 4 picmuntt _ STATE OF COLORADO) By 1 1 • - t!/d-e.cae-•-‘1 COUNTY OF GARFIELD) l wty Public matte — The foregoing instrument was me on -.- li )V .1 '-I C5 '. acknowledged before me on JUN 1 I 1398 •.- gte) by Witness My Hand and Seal by Shirley!, Boulton, Deputy Public as the \l en. -.• n` - Trustee Trustee for Garfield County, Colorado stee ofp _=p,_ :4''°-"‘-'" County Colorado. / i �.ja.-e /e - `/—Q O Date Commission Expires , ,.y �: Nnua/wbua , - •Happneminsert arse of a. t or omr and name of curn aent sweet nailer. ' Original Note and Deed of Trust Returned to: Received by Manse and Addnse or Person Creating Newly Created legal Crampoon (§35.15-106.5. C.RS.) 1 ,rk)takic„1- s/o3/ P- aSio . e) ei6s0 Na Y35. Rey. 6-92, (REQUEST FOr fAsfli OF DEED OF TRUST Bedford Pubtisbing,1143 Waite SI., Dr 780202—(505)292-2500-2-91 x and cd EXHIBIT A TOWNSHIP 7 SOUTH, RANCE 94 WEST OF THE 6TH P.M. Section 3: Lot 4 Section 4: Lot 1, S1/2NE1/4 EXCEPTING THOSE PORTIONS THEREOF CONVEYED TO THE BOARD OF COUNTY COMMISSIONERS FOR ROAD PURPOSES BY DOCUMENTS RECORDED FEBRUARY 23, 1928 IN BOOK 133 AT PACE 607 AS RECEPTION NO. 100768 AND OCTOBER 8, 1929 IN BOOK 159 AT PAGE 111 AS RECEPTION NO. 105450. TOGETHER WITH: - 1. All buildings and improvements situated thereon. 2. Water and water rights, ditch and ditch rights, reservoir and reservoir rights, spring and spring rights, of every kind and nature with all attuctutes and appurtenances, including but not limited to the Hillside Spring, the Field Spring, the Garden Spring, the Mattis Ditch and water rights from Porcupine Creek, with all structures and appurtenances appurtenant to and used;in conjunction with the above described real property. SUBJECT TO: 1. Reservations and limitations of the underlying patent; 2. Reservations, mineral or otherwise contained in any underlying deed or deeds constituting the record chain of title from patentee to party of the first part; 3. Easements and rights -of -clay of record; 4. Easements and rights-of-way, if any, not of record, but which have been established and now exist by operation of law upon said real property, or any portion or portions thereof; 5. All zoning and zoning restrictions and limitations, building and building requirements, adopted by any governmental agency having jurisdiction therof, and all ordinances, resolutions and decrees creating special statutory districts. 111E1 111111 IIII 111111111 IIII III III VIII III IIII 526686 06/12/1998 02:08P B1072 P235 M RLSDORF 2 of 2 R 11.00 D 0.00 GARFIELD COUNTY CO Current 1/29/98 Contr./ No. 9811 03ADM(a-___ Map ID No. _ 216 Date Activated 1/1/99 APPLICATION AND T TDIV DQE WATER CONSETO AMEND ARVDISTRICTER ANCY CONTRACTLOTMENT RWITH CONTRACT # 981203ADM(a) AMENDED FROM 2.859 A.F. TO �76-5- 1"12 A.F. APPLICANT Name Arnold L. and Darleen E. Mackley Mailing Address 4021 County Road 320, Rifle, CO 81650 Telephone Number 970 /625 - 1641 Authorized Agent or Representative Sherry A. Caloia B. WATER RIGHT OWNED BY APPLICANT OR BEING APPLIED FOR Name of Right Field Spring and Garden Spring Type of Structure or Right Springs Location of Point of Diversion (description from decree or permit) See Exhibit C -- Augmentation Plan Water Court Case No. 98CW225 Well Permit No. N/A W-2218 (Attach copy of permit) C. INTENDED USE OF LEASED WATER Location of Area of Use e metes legal description property on which water istobeused. May be attached as Exhibit; See Exhibit A Total acreage of above -referenced parcel .05 acres Address of above-referened property Same as Applicantwater supply for, Description of Use Domestic, Irrigation, commercial; small ,reort with lodging and restaurant. Total Number of Dwellirig Units 4 cabins and 1 lodge Number of Constructed Units ?+. Number of Vacant Lots Potable Water System private Waste -Water Treatment System Septic tank/leachtieid Type of meter or measuring device Totalizing flow meter Projected Monthly Volume of Leased Water ACTUAL DIVERSIONS OR Needed \in Gallons: THESE FIGURES ARE A CONSUMPTIVE USE ONLY (Actual diversions must be used unless ccontractee has Jan. Feb. June. July Aug. Nov. Dec. Annual Total Gallons 15 Maximum Instantaneous Demand D.OTHER REMARKS transit it loss is included thus .65 acre feet is app an augmentation Apr. Sept. Acre Feet gpm plan) May Oct. X : 8 1,0,4.1 1i for. We understand that 1 acre foot is a minirFum, h6wevez. See Exh. B. / Date aplie /' (/ Ap icant Applicant _ •r 47 Date approved WEST DIVIDE WATER CONSERVANCY DISTRICT Presiden EXHIBIT A TOWNSHIP 7 SOUTH, RANGE 94 WEST OF THE 6TH P.M. Section 3: Lot 4. Section 4: Lot 1) S1/2NR1/4 EXCEPTING THOSE PORTIONS THEREOF CONVEYED TO THE BOARD OF COUNTY 28 COMMISSIONERS FOR ROAD PURPOSES BY DOCUMENTS RECORDED FEBRUARY 23, 19 9N IN BOOK159AT PAGE111AS REC PtIofNo.105450. BOOGE K07 AS ON O. AND OCTOBER 8, TOGETHER WITH: 1. All buildings and improvements situated thereon. 2. Water and water rights, ditch and ditch rights, reservoir and reservoir rights, spring and spring rights, of every kind and nature with all sttuctutes and appurtenances, including not limited to the Hillside Spring, the Field Spring, Garden Spring, the Hattie Ditch and water rights from Porcupine Creek, with all structures and appurtenances appurtenant to and used. in conjunction with the above described real property, SUBJECT TO: 1. Reservations and limitations of the underlyingpatent; 2. Reservations, mineral or otherwise contained in any underlying deed or deeds constituting the record chain of title from patentee to party of the first part; 3. Easements and rights-of-v3ay of record; but which 4. Easements and rights-of-way, if any, not of record, have been established and now exist by operation of law upon said real property, or any portion or portions thereof; 5. All zoning and zoning restrictions and limitations, building and building requirements, adopted by any governmental agency having jurisdiction therof, and all ordinances, resolutions and decrees creating special statutory districts. i 111111 111111MMU ii�iii i t 1111111 iii in In 526686 06/12/1998 02:08P 61072 P235 M RLSDORF 2 of 2 R 11.00 0 0.00 GRRFIELD COUNTY CO _` a) A m I- 1 Mackey Recreation Center Estimated Water Requirements A 20 seat lodge with Kitcnert 3 ECRB d carp spaces @0.2 hair 0.8 ECRB Comrercal 3.8 ECRB Imgated Cpen Space 0 acres Application Efficiency 70% Crop Inig regrmt (CIR) 213 ft 7jLE Y. -g! � r (1)'. (2) (3) (4) (5) (6) fn QomeAtc Commercial DomtComm C,en Space Pond Avenge In-house In-house Irrigation Irrigation Evan ___Total Flow (ac -rt) - (ac -(t) (ac -It) (acct) (ac -2) (acct) (gpm) p p n 2 q d tJ o o o o d d N d d N d ci O§ O O O 0 O O O O 0 0 d d d 5 dd p d d 5 d d c§ d 5 cidd d § § § § § § § d § § o d d d d d d d d d d d d o S dOOddoodci odd 0 8§ 2 g S 2 S S E 2 2 S d d d_ d d d d d d d d d p yyyq d d d d d d d d d d d d �l U' R L' ^ c 3 m EJ o E E c u Q i '� -� a 0 o u G LL (la 2 O a g f t g- P - 8Q UI T LS 5 24 IJ ',q(. . i1 n LL (3 c. z or Ears (a cabins) 4.0 units personskesiderce 3.0 caplunit lL gallons/person/day 100 gp-.d Percent Consorted 15% I Lawn Irrigation 500 sq -Mitt Application Efficiency 80% Cmpinigregnnt (CIR) 213 ft U �. fs ;11., a C O as a u U al L Yris EXHIBIT B ' ✓—,iE. { 1 1f " �f st,: U 1- A .d- c rr u i W n t h N t i E s 0 ---41, u S E ^ E E • �0 pp w E 444ddddddd s d d d d d d d d d o O d d d d 6 d d d S o d d d d d d d OO 0' d d Oa O ❑ 5q� qq RR p pp 55�� 5q� 5� .d d d d d d d d d d d d d d d d d d d d d ti iJ i5 O O Yi O O zi 0 ii 0l o d o o d o cid d o 5� 5p� g y w 9� 5q� 5R� d d d d d d d d d d d d d d d d o o dd d d dI ID N b b b b b b b b W al S d S o S d '6 S S ddddd ddddo o N. b l` N. I- h l- I-. a n N- s S S S S S So0 0 o a o 0 Y. -g! � r (1)'. (2) (3) (4) (5) (6) fn QomeAtc Commercial DomtComm C,en Space Pond Avenge In-house In-house Irrigation Irrigation Evan ___Total Flow (ac -rt) - (ac -(t) (ac -It) (acct) (ac -2) (acct) (gpm) p p n 2 q d tJ o o o o d d N d d N d ci O§ O O O 0 O O O O 0 0 d d d 5 dd p d d 5 d d c§ d 5 cidd d § § § § § § § d § § o d d d d d d d d d d d d o S dOOddoodci odd 0 8§ 2 g S 2 S S E 2 2 S d d d_ d d d d d d d d d p yyyq d d d d d d d d d d d d �l R L' ^ c 3 m EJ o E E c u Q i '� -� a 0 o u G LL (la 2 O C 5 L r 3 EXHIBIT C DISTRICT COURT, WATER DIVISION NO. 5, COLORADO Case No. 98CW225 r i` l 11 a / FINDINGS OF FACT, CONCLUSIONS OF LAW, RULING OF THE REFEREE, JUDGMENT AND DECREE CONCERNING THE APPLICATION FOR WATER RIGHTS OF: ARNOLD L. AND E. DARLEEN MACKLEY, Garfield County, Colorado The above -entitled Application was filed on November 30, 1998, and was referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court in accordance with Article 92 of Chapter 37, C.R.S. 1973, known as the Water Right Determination and Administration Act of 1969. The Referee, having made such investigations as are necessary to determine whether the statements ill the Application are true, and having become fully advised with respect to the subject matter of the Application, does hereby Make the following Findings of Fact, Conclusions of Law, and Ruling of the Referee, in this Matter, to -Wit: FINDINGS OF FACT 1. Name, address, and telephone number of Applicant: Arnold L. and E. Darleen Mackley 4031 County Road 320 Rifle, CO 81650 (970) 625-1641 c/o Sherry A. Caloia Caloia & Houpt, P.C. 1204 Grand Avenue Glenwood Springs, CO 81601 (970) 945-6067 2. Timely and adequate notice of the filing of the Application was given as required by law. 3. No Statements of Opposition were filed in this matter. The time for filing Statements of Opposition has expired. MACKLEY-Ruling Aug r") District Court, Water Division 5 Case No. 98C W225; App. Of Mackley Ruling and Decree Page 2 4. The Applicant has requested approval of augmentation of the following water rights: A. Field Spring and Garden Spring In 1974, Case No. W-2218 Water Div. No. 5, Field Spring and Garden Spring, was adjudicated. Detailed information on the two Springs is set forth in the Decree in Case No. W-2218, and is summarized as follows: (1) Legal description of point of diversion: Garden Spring is located in Lot 1 in the NE1/4 of the NES/4 of Section 4, Township 7 South, Range 94 West, of the 6th P.M., 1072 feet south of the north section line of Section 4, and 887 feet west of the east section line of said Section 4. Field Spring is located in the SE 1/4 of the NE 1/4 of Section 4, Township 7 South, Range 94 West of the 6th P.M. at a point 1450 feet South of the North section line and 1110 feet west of the east section line of said Section 4. (2) Source: springs tributary to Spruce Creek, tributary to Colorado River. (3) Amount: 10176 c.f.s. Field Spring, .011 c.f.s. Garden Spring. (4) Decreed uses: domestic and irrigation.: Note: Domestic and commercial uses for both springs will include the amount of .0176 c.f.s. for the Field Spring, .011 c.fs. for the Garden Spring, for the resort development as described below. B. Water right(s) to be used for augmentation: Ruedi Reservoir �• Previous decrees for Ruedi Reservoir: (1) Date entered: June 20, 1958 (2) Case Nos.: C.A. 4613 and W-789-76 (3) Court: Eagle County District Court (4) Type of water right: Storage MACKLEY-Ruling Aug n District Court, Water Division 5 Case No. 98CW225; App. Of Mackley Ruling and Decree Page 3 (5) Legal description: Ruedi Reservoir is an on -channel reservoir located in the WW1/4 of'the N 1/4 of Section 18, Township 8 South, Range 84 West of the 6th P.M. (6) Source: Prying Part River (7) Amount: 140,697.3 acre feet (Case No. C.A. 4613) 101,396 acre feet (Case No. W-515) (8) Appropriation Date: July 29, 1957 (9) Decreed Uses: Generation of electric energy, domestic, municipal, industrial, irrigation and stock watering. 5. The Applicant filed a Statement of Plan for Augmentation, covering all applicable matters under Colo. Rev. Stat. §§ 37-92-103(9), 302(1)(2) and 305(8). The Plan is described below: a. Applicants intend to construct a small resort consisting of lodging and restaurant facilities on their property located in parts of Sections 3 and 4, Township 7 South, and in Section 34, Township 6 South, all sections in Range 94 West, 6th P.M. b. Applicants intend to use the Pield-and Garden Springs as their supply. Applicants will augment when out of priority the depletions resulting from Applicants' use of the Field Spring and Garden Spring. This augmentation plan will augment depletions associated with use for 3 cabins for guest use, one dwelling for frill time occupancy and a restaurant facility, 4 campsites and lawn watering of no more than .05 acre. The restaurant is estimated to use a total of 900 gallons per clay average usage. • c. Each cabin is assumed to require 300 gallons per day and the dwelling is estimated at 300 gallons per day for in-house use. Four campsites are estimated at 240 gallons per day. Wastewater treatment will be by individual septic tank leach field, with an estimated depletion rate of 15% for all in-house potable water diverted. The lawn watering is 80% consumptive. d. Applicants contemplate air average diversion of 2.0 gallons per minute from the Springs. Total antlual diversions of 2.86 acre feet, and total annual consumptive use of 0.58 acre feet. Augmentation will only be required when Applicants' water rights are out of priority. e. Ruedi Reservoir is capable nr Augmenting depletions that will occur from use hereunder of the Garden and Meld Spring such that no injury results to senior water MACKLBY-Ruting Aug District Court, Water Division 5 Case No. 98CW225; App. Of Mackley Ruling and Decree Page 4 rights. An exchange is also requested for the reach of Spruce Creek from its confluence with the Colorado River up to the point of diversion for the Springs as of the date of this application. Applicants have applied for a water supply contract with the West Divide Water Conservancy District ("WDWCD") pursuant to which all out -of -priority depletions from the Garden and Field Spring will be replaced by water released from Ruedi Reservoir. The proposed WDWCD contract will provide for releases in the amount necessary to replace all diversions which may be occurring out -of -priority along with any transit losses necessary. (Note: An engineering report by Zancanella & Associates was attached to and supplemented the application.) 6. The Referee finds that, if operated in accordance with the terms and conditions set forth herein, no injury will occur to the vested rights of others as a result of the operation of this plan for augmentation. CONCLUSIONS OF LAW 7. The statements in the Application are true. 8. The Application filed herein is complete, covering all applicable matters required under C.R.S. §37-92-302-305. 9. All notices required by law have been given, and no further notice need be given. 10. The Court has jurisdiction of this matter and of all persons, whether they have appeared or not. C.R.S. §37-92-301(2) and -303(1). 11. The Court has authority to grant the water rights requested in the application. C.R.S. §37- 1 92-301(2), -302 and -303(1). 12. The Court has authority to approve the plan for augmentation requested in the application. C.R.S. §37-92-301(2), -302 ,-303(1), and -304. RULING OF THE REFEREE 13. The foregoing Findings of Fact and Conclusions of Law are incorporated herein by this reference, and the Court concludes that the Application should be granted. MACKLEY-Ruling Aug District Court, Water Division 5 Case No. 98C W225; App. Of Mackley Ruling and Decree Page 5 14. The Court confirms the right to use the Garden Spring and the Field Spring decreed in Case No. W-2218 as described above as the source of water supply for the resort development as described above and such will be a reliable year-round water supply if operated pursuant to the augmentation plan described herein. 15. The plan for augmentation as applied for herein is hereby granted, allowing the Applicant the ability to divert water from Ruedi Reservoir in conjunction with the operation of this plan for augmentation. 16. The Court hereby grants an exchange of water rights to exchange the water released from Ruedi Reservoir to the location of the Garden and Field Springs as described above, the exchange reach being from the confluence of Spruce Creek with the Colorado River located generally in NW V. NW %, Section 34, Township 6 South, Range 94 West, 6th P.M., up to the point of said Springs in the amount of .0176, Field Spring and .011, Garden Spring with an appropriation date of November 30, 1998. 17. The Applicant has secured contracts for replacement water from Ruedi Reservoir and provided a copy to the State and Division Engineer. 18 The Referee does further conclude that such rights are SUBJECT, HOWEVER, TO ALL EARLIER PRIORITY RIGHTS OF OTHERS, and to the integration and tabulation by the Division Engineer of such priorities and changes or rights in accordance with law. 19. The approval of this attgtrientatitin Platt and Change of water tight shall be subject to reconsideration by the Water Judge bit the question of injury to the vested rights of others for a period of two years frons the date of this decree. 20. In administering the angtnentation plan decreed herein, the State Engineer shall curtail all out -of -priority diversions, the depletion§ from Which are not so replaced as to prevent injury to vested water rights subject to § 37-92-305(8). 21. The Engineering Reports filed with the Water Court prepared by Zancanella & Associates dated November 30, 1998 incorporated herein by this reference. 22. The Applicant shall install measuring devices, provide accounting and supply calculations as required by the Division Engineer for the operation of this plan. The Applicant shall also file an annual report with the Division Engineer by November 15th of each year on accounting forms acceptable to the Division Engineer summarizing diversions and replacements made under this plan. MACKLEY-Ruling Aug District Court, Water Division 5 Case No. 98C W225; App. Of Mackley Ruling and Decree Page 6 review. It is ORDERED that this Ruling shall be filed with the Water Clerk subject to Judicial It is further ORDERED that a copy of this Ruling shall be filed with the appropriate Division Engineer and the State Engineer. Dated this 25 day of JUNE 1y•. Copy of the fereg ..fit® tnnlI®d to Counsel of recordNWstgQ� ,. Referee, Divngineerlrnd ATER REFEREE State Engine Date Cr299 j/. WOak. M. Witt' Dh. NO,6 0 JUDGMENT AND DECREE No protest was filed in this matter, and accordingly, the foregoing Ruling is confirmed and approved, and is made the Judgment and Decree of this Court. DATED this day of Copy of the foregolpg mailed to all Counsel of record-Ewater v. n Referee; -Digineer-✓an State Enginee ---Date engineer,/ 416/41 epu Clerk W•t r Oh. Na6 ti Zit MACKLEY-Ruling Aug 1999. BY THE COURT: ater Judge, Water Div. No. DISTRICT COURT, WATER DIVISION NO. 5, COLORADO Case No. 98CW225 FINDINGS OF FACT, CONCLUSIONS OF LAW, RULING OF THE REFEREE, JUDGMENT AND DECREE CONCERNING THE APPLICATION FOR WATER RIGHTS OF: ARNOLD L. AND E. DARLEEN MACKLEY, Garfield County, Colorado The above -entitled Application was filed on November 30, 1998, and was referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court in accordance with Article 92 of Chapter 37, C.R.S. 1973, known as the Water Right Determination and Administration Act of 1969. The Referee, having made such investigations as are necessary to determine whether the statements in the Application are true, and having become fully advised with respect to the subject matter of the Application, does hereby make the following Findings of Fact, Conclusions of Law, and Ruling of the Referee, in this matter, to -wit: FINDINGS OF FACT 1. Name, address, and telephone number of Applicant: Arnold L. and E. Darleen Mackley 4031 County Road 320 Rifle, CO 81650 (970) 625-1641 c/o Sherry A. Caloia Caloia & Houpt, P.C. 1204 Grand Avenue Glenwood Springs, CO 81601 (970) 945-6067 2. Timely and adequate notice of the filing of the Application was given as required by law. 3. No Statements of Opposition were filed in this matter.. The time for filing Statements of Opposition has expired. MACKLEY-Ruling Aug District Court, Water Division 5 Case No. 98CW225; App. Of Mackley Ruling and Decree Page 2 4. The Applicant has requested approval of augmentation of the following water rights: A. Field Spring and Garden Spring In 1974, Case No. W-2218 Water Div. No. 5, Field Spring and Garden Spring, was adjudicated. Detailed information on the two Springs is set forth in the Decree in Case No. W-2218, and is summarized as follows: (1) Legal description of point of diversion: Garden Spring is located in Lot 1 in the NE1/4 of the NEVI of Section 4, Township 7 South, Range 94 West, of the 6th P.M., 1072 feet south of the north section line of Section 4, and 887 feet west of the east section line of said Section 4. Field Spring is located in the SE 1/4 of the NE 1/4 of Section 4, Township 7 South, Range 94 West of the 6th P.M. at a point 1450 feet South of the North section line and 1110 feet west of the east section line of said Section 4. (2) Source: springs tributary to Spruce Creek, tributary to Colorado River. (3) Amount: .0176 c.f.s. Field Spring, .011 c.f.s. Garden Spring. (4) Decreed uses: domestic and irrigation. Note: Domestic and commercial uses for both springs will include the amount of .0176 c.f.s. for the Field Spring, .011 c.f.s. for the Garden Spring, for the resort development as described below. B. Water right(s) to be used for augmentation: Ruedi Reservoir Previous decrees for Ruedi Reservoir: (1) Date entered: June 20, 1958 (2) Case Nos.: C.A. 4613 and W-789-76 (3) Court: Eagle County District Court (4) Type of water right: Storage MACKLEY-Ruling Aug District Court, Water Division 5 Case No. 98CW225; App. Of Mackley Ruling and Decree Page 3 (5) Legal description: Ruedi Reservoir is an on -channel reservoir located in the NW'/4 of the NE% of Section 18, Township 8 South, Range 84 West of the • 6th P.M. Source: Frying Pan River Amount: 140,697.3 acre feet (Case No. C.A. 4613) 101,396 acre feet (Case No. W-515) Appropriation Date: July 29, 1957 Decreed Uses: Generation of electric energy, domestic, municipal, industrial, irrigation and stock watering. 5. The Applicant filed a Statement of Plan for Augmentation, covering all applicable matters under Colo. Rev. Stat. §§ 37-92-103(9), 302(1)(2) and 305(8). The Plan is described below: a. Applicants intend to construct a small resort consisting of lodging and restaurant facilities on their property located in parts of Sections 3 and 4, Township 7 South, and in Section 34, Township 6 South, all sections in Range 94 West, 6th P.M. b. Applicants intend to use the Field and Garden Springs as their supply. Applicants will augment when out of priority the depletions resulting from Applicants' use of the Field Spring and Garden Spring. This augmentation plan will augment depletions associated with use for 3 cabins for guest use, one dwelling for full time occupancy and a restaurant facility, 4 campsites and lawn watering of no more than .05 acre. The restaurant is estimated to use a total of 900 gallons per day average usage. c. Each cabin is assumed to require 300 gallons per day and the dwelling is estimated at 300 gallons per day for in-house use. Four campsites are estimated at 240 gallons per day. Wastewater treatment will be by individual septic tank leach field, with an estimated depletion rate of 15% for all in-house potable water diverted. The lawn watering is 80% consumptive. d. Applicants contemplate an average diversion of 2.0 gallons per minute from the Springs. Total annual diversions of 2.86 acre feet, and total annual consumptive use of 0.58 acre feet. Augmentation will only be required when Applicants' water rights are out of priority. e. Ruedi Reservoir is capable of augmenting depletions that will occur from use hereunder of the Garden and Field Spring such that no injury results to senior water MACKLEY-Ruling Aug District Court, Water Division 5 Case No. 98CW225; App. Of Mackley Ruling and Decree Page 4 rights. An exchange is also requested for the reach of Spruce Creek from its confluence with the Colorado River up to the point of diversion for the Springs as of the date of this application. Applicants have applied for a water supply contract with the West Divide Water Conservancy District ("WDWCD") pursuant to which all out -of -priority depletions from the Garden and Field Spring will be replaced by water released from Ruedi Reservoir. The proposed WDWCD contract will provide for releases in the amount necessary to replace all diversions which may be occurring out -of -priority along with any transit losses necessary. (Note: An engineering report by Zancanella & Associates was attached to and supplemented the application.) The Referee finds that, if operated in accordance with the terms and conditions set forth herein, no injury will occur to the vested rights of others as a result of the operation of this plan for augmentation. CONCLUSIONS OF LAW 7. The statements in the Application are true. 8 The Application filed herein is complete, covering all applicable matters required under C.R.S. §37-92-302-305. 9. All notices required by law have been given, and no further notice need be given. 10. The Court has jurisdiction of this matter and of all persons, whether they have appeared or not. C.R.S. §37-92-301(2) and -303(1). 11. The Court has authority to grant the water rights requested in the application. C.R.S. §37- 92-301(2), -302 and -3030). 12. The Court has authority to approve the plan for augmentation requested in the application. C.R.S. §37-92-301(2), -302 ,-303(1), and -304. RULING OF THE REFEREE 13. The foregoing Findings of Fact and Conclusions of Law are incorporated herein by this reference, and the Court concludes that the Application should be granted. MACKLEY-Ruling Aug District Court, Water Division 5 Case No. 98CW225; App. Of Mackley Ruling and Decree Page 5 14. The Court confirms the right to use the Garden Spring and the Field Spring decreed in Case No.W-2218 as described above as the source of water supply for the resort development as described above and such will be a reliable year-round water supply if operated pursuant to the augmentation plan described herein. 15. The plan for augmentation as applied for herein is hereby granted, allowing the Applicant the ability to divert water from Ruedi Reservoir in conjunction with the operation of this plan for augmentation. 16. The Court hereby grants an exchange of water rights to exchange the water released from Ruedi Reservoir to the location of the Garden and Field Springs as described above, the exchange reach being from the confluence of Spruce Creek with the Colorado River located generally in NW ''A NW ''A Section 34, Township 6 South, Range 94 West, 6th P.M., up to the point of said Springs in the amount of .0176, Field Spring and .011, Garden Spring with an appropriation date of November 30, 1998. 17. The Applicant has secured contracts for replacement water from Ruedi Reservoir and provided a copy to the State and Division Engineer. 18 The Referee does further conclude that such rights are SUBJECT, HOWEVER, TO ALL EARLIER PRIORITY RIGHTS OF OTHERS, and to the integration and tabulation by the Division Engineer of such priorities and changes or rights in accordance with law. 19. The approval of this augmentation plan and change of water right shall be subject to reconsideration by the Water Judge on the question of injury to the vested rights of others for a period of two years from the date of this decree. 20. In administering the augmentation plan decreed herein, the State Engineer shall curtail all out -of -priority diversions, the depletions from which are not so replaced as to prevent injury to vested water rights subject to § 37-92-305(8). 21. The Engineering Reports filed with the Water Court prepared by Zancanella & Associates dated November 30, 1998 incorporated herein by this reference. 22. The Applicant shall install measuring devices, provide accounting and supply calculations as required by the Division Ehgineer for the operation of this plan. The Applicant shall also file an annual report with the Division Engineer by November 15th of each year on accounting forms acceptable to the Division Engineer summarizing diversions and replacements made under this plan. MACKLEY-Ruling Aug District Court, Water Division 5 Case No..98CW225; App. Of Mackley Ruling and Decree Page 6 review. It is ORDERED that this Ruling shall be filed with the Water Clerk subject to Judicial It is further ORDERED that a copy of this Ruling shall be filed with the appropriate Division Engineer and the State Engineer. Dated this 25 day of JUNE Copy Of the terqgelt mailed to all Counsel of recordWatE Referee,---Div�Frngineer'• end • State Engine Date 3_ a Wb cliff, YAW DN: Na 6 ATER REFEREE JUDGMENT AND DECREE No protest was filed in this matter, and accordingly, the foregoing Ruling is confirmed and approved, and is made the Judgment and Decree of this Court. DATED this /74day of 1999. Copy of the foregolpg mailed to all Counsel of record-EWaterjaa Referee,- --Div. -gineenuny State EngineeDate ��1, Depu Clerk Water Div. Nab ////2 MACKLEY-Ruling Aug BY THE COURT: ater Judge, Water Div. No. CALOIA & HOUPT, P.C. ATTORNEYS AT LAW 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 SHERRY A. CALOIA 7E1 -PERSON V. HOUPT BARBARA P. KO711 KA MARK E. HAMILTON July 21, 1999 Mark Bean Garfield County Planning Development 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Re: Special Use Permit for Mackley Dear Mark: TELEPHONE: (970) 945-6067 FACSIMILE: (970) 945-6292 E-mail: caloia&houpt@sopris.net Enclosed please find the final Water Court Decree issued in this matter. This should be included in the Mackley file so that final approval of the guest ranch can be issued. Please let me know if you need any additional information. Sincerely, CALOIA & HOUPT, P.C. SAC/ja Enclosures MACICLEY-Bean-ltr CC ca6pec.:‘ RECEIVED JUL 2 2 1999 CALOIA & HOUPT, P.C. ATTORNEYS AT LAW 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 SHERRY A. CALOIA JEFFERSON V. HOUPT BARBARA P. KOZELKA MARK E. HAMILTON July 21, 1999 Arnold and Darleen Mackley 4031 County Road 320 Rifle, CO 81650 Re: 98CW225; Final Decree Dear Arnold and Darleen: TELEPHONE: (970) 945-6067 FACSIMILE: (970) 945-6292 E-mail: caloia&houpt@sopris.net We are pleased that the Water Court has entered the Ruling as its final Decree. This matter is now final. I am sending a copy of this Ruling to the Garfield County planning office and the West Divide Water Conservancy District. The Covenant for the water rights that I prepared will need to be recorded with the Clerk and Recorder. Please provide me with the executed document. Please call if you have any questions or concerns. Sincerely, CALOIA & HOUPT, P.C. SAC:nil Enclosure Cc: Tom Zancanella, P.E. Mark Bean, Garfield County Janet Maddock, WDWCD MACKLEY-Ruling ltr BOCC 12/21/98 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: A request for review of a Special Use Permit for Resort Designation in the A/R/RD zone APPLICANT: Arnold L. and Darleen Mackley LOCATION: Southwest of Rifle, central to Rifle and Rullison, south of I-70 approximately 8 miles. SITE DATA: 160 Acres ACCESS: CR 320, and private internal roads EXISTING ZONING: A/R/RD ADJACENT ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is classified as District C, Rural Areas in the 1984 Garfield County Comprehensive Plan. This District is characterizes as a rural area with minor environmental constraints. II. DESCRIPTION OF THE PROPOSAL A. Site & Project Description: The applicant is requesting resort status for a 160 acre parcel currently being used for light agricultural operations. A single homestead cabin is located on site. The project would allow for the placement of four 'TE_ additional cabins ranging from 1,500 to 2,500 square feet, with a main lodge up to 3,200 square feet. The proposal would also create four outdoor campsites for tent camping. The proposal indicated that the main target market would be family reunions, weddings, and other similar social activities. A small restaurant serving guests only is planned for the larger main lodge. (See Pg.?-/ t7 ) III. MAJOR ISSUES AND CONCERNS A. Zonine: The proposal is a special use pursuant to Section 3.02.03. In the A/R/RD zone, the applicant could construct up to 4 single family dwellings on the 160 acre parcel. The applicant is seeking resort status to allow flexibility for the placement, design and overall layout of the project. 1 The following sections of the Supplementary Regulations shall apply to the development: 5.02.07 Site Requirements Applicable Only to Camper Parks: (2)(A) The area devoted to each camper space designed for tent camping shall be adequate to accommodate the following facilities and spatial requirements: Each space shall be provided with a fireplace or fire circle, a picnic table and a well -drained, reasonably level tent site. The minimum on -center distance between tent sites shall be twenty (20) feet. Each space shall provide a graveled parking space. Adequate traffic barriers shall be provided to confine vehicles to driveways and parking spaces; 5.02.11 Fire Protection General Requirements: Provisions shall be made for giving alarm in case of fire. It shall be the responsibility of the duly authorized attendant or caretaker to inform all tenants about means for summoning fire apparatus, sheriffs department and park employees. No open fires shall be left unattended at any time. (1) Portable Fire Appliances: (A) Approved facilities shall be provided for fighting fires in ordinary combustible materials (Class A), readily accessible to all park occupants, in readily visible locations. Such facilities shall consist of a hose of a type usable in all weather, permanently attached or in cabinets immediately adjacent to the hose connection so located that any part of any mobile home, travel trailer or camper vehicle can be reached with a garden hose stream; (B) One (1) or more approved carbon dioxide or dry chemical extinguishers of a type suitable for flammable liquid or electrical fires (Class B and Class C) shall be located either in an open station so that it will not be necessary to travel more than a hundred (100) feet to reach the nearest extinguisher, or inside each mobile home and camper at the owner's responsibility and verified by the park operator; (C) Appropriate arrangements shall be made to prevent freezing of fire fighting equipment. 5.02.10 (B) Each tent camping area shall be provided with one (1) individual watering station for each four (4) spaces; such station to be constructed similar to individual water service connections as provided under 5.02.10(2) except that riser height shall be thirty (30) inches and a splash pad shall be installed around the base. 2 (iii) toilet room in front of mirrors - forty (40) footcandles; (F) Hot and cold water shall be furnished to every lavatory, sink, bathtub, shower and laundry fixture, and cold water shall be furnished to every closet and urinal. 5.02.18 Service Building Requirements: Required Community Sanitary Facilities: (A) A central service building containing the necessary toilet and other plumbing fixtures specified shall be provided in all camper vehicle or trailer parking areas which provide parking spaces for dependent vehicles or trailers and for tent camping areas. Service buildings shall be conveniently located within a radius of approximately three hundred (300) feet to the spaces to be served; (B) Sanitary facilities for women shall include a minimum of one (1) flush toilet, one (1) lavatory and one (1) shower for each fifteen (15) spaces or fractional number thereof; (C) Sanitary facilities for men shall include a minimum of one (1) flush toilet, one (1) urinal, one (1) lavatory and one (1) shower for each fifteen (15) spaces or fractional number thereof; (E) When a camper park requiring a service building is operated in connection with a resort or other business establishment, the number of sanitary facilities for such business establishment shall be in excess of those required by the schedule for camper spaces and shall be based on the total number of persons using such facilities. 5.02.19 Supervision General Requirements: (1) The duly authorized attendant or caretaker shall be in charge at all times to keep the park, its facilities and equipment in a clean, orderly and sanitary condition; (2) The owner shall be answerable for the violation of any provision of this Regulation and other applicable County and State regulations. Copies of Regulations shall be made available to the park residents by the park manager or owner; (3) Refuse Handling: the storage, collection and disposal of refuse in mobile home parks and camper parks shall be so arranged as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. All refuse shall be disposed of at either a municipal or County designated landfill site; (4) Pest Control: grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform with the requirements of the County Environmental Health Officer and the Colorado State Department of Health; (5) Pet Control: no owner or person in charge of any dog, cat or other pet animal 4 shall permit it to run at large or commit any nuisance within the limits of any mobile home or camper park. Legal Access: Legal access will be provided via private internal roads and County Road 320. (See Pg. if ) Water and Sewer: A centralized water system is proposed utilizing on site springs and a cistern- central system. Water quality and quantity is both good and sufficient for the proposal. (See Pg. /5-».5 ) State and Local Health Standards. State health standards are applicable to the application, namely the Colorado Department of Health ISDS setback standards, which should be verified by an engineer at time of installation, and any permitting as may be required for the Lodge kitchen. G. Drainage: The parcel drains to the north and east utilizing two major drainage, the Spruce Creek Drainage running centrally through the property and another minor drainage on the extreme eastern portion of the parcel. The property is not know to be subject to any unusual hydrologic or geologic hazards. H. Fire Protection: The site is located within areas of low to moderate wildfire hazards. The installation of a central water system as well as individual cabin site mitigation in the form of extinguishers and proper siting which creates reasonable defensible space, should alleviate most hazard. The property could be served by the Rifle Fire Protection District or the Grand Valley Fire Protection District. Response time would be slow and the fire fighters would be limited to water and equipment carried on trucks. The central water system should be designed to allow for convenient use in the event of an emergency. I. Geologic Hazards: Soils in this area may be suspect to moderate to severe geologic hazards, individual site specific soils investigation should be performed for the placement of structures and septic systems. IV. SUGGESTED FINDINGS 1. That proper posting and public notice was provided as required for the meeting before the Planning Commissioner. 2. That the meeting before the Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed exemption is in the best interest of the health, safety, morals, conveience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended. 5 V. RECOMMENDATION At their December 9 hearing, the Planning Commission moved to recommend APPROVAL, with the following conditions: 1. That all representations of the applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval. 2. That the applicant obtain all building permits and inspections consistent with the adopted rules and regulations of Garfield County for all development within the resort area. 3. That site specific soils investigation be performed for all proposed sites prior to construction of units and that all construction be consistent with all recommendations of a licensed engineer, and that the engineer verify that all excavation and foundation bearing strata were observed and that no changes were necessary prior to the foundation being poured. 4. That prior to usage of any adjoining public lands, an access and recreational use permit be obtained from the Bureau of Land Management. 5. That a final ensineered water system be approved by the Building and Planning Department prior to issuance of building permits. 6. That a fire mitigation plan be prepared and submitted to the Building and Planning Department prior to issuance of building permits. 7. That all kitchen facilities be permitted as required with the State Department of Health. 8. That the applicant annually test and report the condition of the water system to the State Department of Water Resources as may be required by the State. 9. That the applicant be limited to four (4) cabin sites, four (4) camping sites and one (1) lodge site and existing structures on site. 10. If alcohol is to be served in connection with the use, that the applicant receive licensing for service from the appropriate entity. 11. If any further expansion of the use be attempted, that the applicant readdress the proposal with and obtain the necessary approvals from the Board of County Commissioners. 12. No new open hearth solid -fuel fireplaces will be allowed anywhere within the resort designated area. One (1) new solid -fuel burning stove as defied by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. 13. All exterior lighting be the minimum amount necessary and that all exterior lighting be directed inward, towards the interior of designated cabin sites, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 6 P.O. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 ZANCANELLA 4140 4550041ES, INC. ENGINEERING CONSULTANTS November 30, 1998 Mr. Arnold Mackley 4031 County Road 320 Rifle, CO 81650 Dear Mr. Mackley: (970) 945-5700 (970) 945-1253 Fax To assist you in the development of your campground and recreational facility, on November 5, 1998 Zancanella & Associates field inspected the proposed site. It is our understanding that you proposed to develop up to 4 cabin units, 4 camp sites units and provide up to a 20 seat lodge with kitchen facility. Table 1 attached provides the future water uses of the proposed recreation center. From the water requirements table we can see that a continuous water supply of approximately 2.0 gpm will need to be developed. During our field inspection, we assisted you in the measurement of the Garden Spring which was producing an average of 7.82 gpm. Water quality samples were taken from the source and tested for bacteria and nitrates, as per the instructions of John Barbee, the Garfield County Planner. The Water Court decree and the laboratory test results, which passed the Colorado Department of Health standards are attached to this letter. There were two other springs on site that could be used to further supplement the water supply. However, these sources were not tested or measured. We believe that the Mackley recreational facility can qualify as a "Transient Non -Community water system". This means a non -community water system which does not serve 25 or more of the same people for 60 or more days per year, (i.e., a restaurant, motel, campground, etc.). We believe that the proposed recreational development can be served by ISDS systems. The restaurant can be served and will produce less than 2000 gpd and therefore should not require a site application from the Colorado Department of Health and Environment. We recommend that site specific engineered waste water system be utilized when final site selection is made for the facilities. Finally to provide a "legal" water supply, we recommend that a West Divide Contract be obtained and an augmentation plan filed. While these rights are absolute and could currently be covered as a Green Mountain beneficiary, this policy could change and the rights would be subject to a down stream call such as Cameo. The spring rights are currently in Area A of the West Divide District. We recommend that a separate individual augmentation plan be completed as soon as you make the decision to move forward. The development of the recreational facilities can be covered under the West Divide temporary exchange plan. Therefore, the approval of the water rights augmentation plan should not hold up your county approval process. If you have any questions, please call our office at (970) 945-5700. Very truly yours, Zancanella & Associates, Inc. kow..oa. A ZaA-4..c0.4.41tq Thomas A. Zancanella, P.E. N:'98000's\98530Mackleyplan.wpd VI C C d E ._ Q d 0.' a' CI r 9 cod c+ , E E 47, N W h y CCC U C O if W T d O A 2 (8) (9) (10) (11) (12) (13) (14) Domestic Commercial Dom\Comm Open Space Pond Average In-house In-house Irrigation irrigation Evap. Total Flow (ac -ft) (ac -rt) (ac -ft) (ac -It) (ac -U) (ac -ft) (gpm) N N N N G in P (7 N 0 0 0 0 0 0 0 0 0 0 0 0 in oco �0 O 0�p co co ��pp O COy� S NN 1�1 0 O O 8 S 0 O 8 p0 p0 550i� 50i� 5d 5di� pd 50i� q0 50i� 550�� g0 25 M 75 25 25 25 25 25 25 25 25 25 5d 0 0 d d o d o d o d o t5 t5 t5 25 25 ES 25 tl g 25 tl 25 d d d o 0 0 o d d d o 0 oddd000sddd o d d d o 0 0 o dd d d o 0 in CO CO CO CO CO 10 Co to 0 o 0000000000 S a o d o o d d d o 0 odd N CO N. N- N N P. N N- N r- N 0 0 0 0 0 0 0 0 0 0 0 0 o oy 0 0 o d d d o d? ds 0 ri d O co 0 00 e 0 0 d 0 N d S N 6 y ^^k'c'Glw�a''rs,1aKicpu`li!ira.;,-;e'.aA',."44.eu a. 0N; ;?. (1) (2) (3) (4) (5) (6) (7) Domestic Commercial DomtComm Open Space Pond Average month In-house In-house irrigation Irrigation Evap. Total Flow (ac -It) (ac -1) (ac -ft) (ac -U) (ac -U) (ac4t) (gpm) y y �.rygf, X. � . �$y rpm ^a o VCO yO N- to {mo N N N IV CI N tV N (V fV Sd 8d So Sd o o d SO 8O 8o So 8O O a O O g g g O O O O O ¢d d d d d o d o d o d d 25 25 R R 25 g R R 25 R R 25 5d d d o o d d d o d d d 25 R 00000000§ B 0 o d d o d d d o o d o S CO CO 0$ 8 0 0 8 S 8 0 d o 0 o d o d d o o d d M V 0 P 0 O P 0 P 0 R do 0 0 0 d 0 0 0 0 0 0 iP in Ol d O 0 0 0 N 0 (: .- Z' ai t F a b n E A L E Q 2 7 7 ]. '": U LL < d 0 0 2 0 CO a Job#i 98530 egruse2.wk4 Received from: JOHN C. KEPHART & CO. LET 435 NORTH AVENUE ``` N |�� ���|UU|f-� �'.�../'/u/./�v • PHONE 242-7618 • GRAND JUNCTION, COLORADO 81501 ANALYTICAL REPORT Zancanella & Assoc. Mark Hayes (970)945-5700 PO Box 1908 945`1253 FAX Glenwood Springs, CO 81602 Customer Laboratory borxtmyMo 9090 Sample water. 11/6/98 Date Received Date Reported 11/2O/9R Sample Total Coliform Bacteria 9090 Arnold Mackley property, Spring 1 and Spring 2 Date Tested Method 0 colonies/10Oml 11/6/98 SM92228 Nitrate(N) 0.17 mg/1 11/20/98 03867909 Method references are: SM: "Standard Methods for the Examination of Water and Wastewater," 19th Ed., 1995; 0: "Annual Book of ASTM Standards," EPA: '/Methods for the Analysis of Hater and Wastes.'/ Director: B. Bauer Mackley's Garden Spring. Measurement of Mackley's Garden Spring at the lin pipe on the fence line. Reading (1) FILL TIME (sec) (2) FLOW RATE (gpm) Initial 5 measurements and water samples taken. Approximately 3:15 p.m. 11/5/98 Measurement taken after spring outlet had been flowing approx. 20 min. 1 39.08 7.68 2 39.84 7.53 3 39.59 7.58 4 39.16 7.66 5 40.20 7.46 Average 39.57 7.58 6 38.36 7.82 Average of All Readings 39.37 7.62 Note: (1) Time to fill a five gallon bucket. (2) Calculated by: 60sec/fill time x 5 gallons. 11/06/98 10:00:13 AM spring measurement.123 _ -FA SHERRY A. CALOIA IEN-ERSON V. HOUPT BARBARA P. KOZELKA MARK E. HAMILTON Arnold Mackley 4031 County Road 320 Rifle, CO 81650 CALOIA & HOUPT, P.C. ATTORNEYS AT LAW 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 November 25, 1998 Re: Water Requirements for Special Use Permit Dear Arnold: TELEPHONE: (970) 945-6067 FACSIMILE: (970) 945-6292 E-mail: caloia&houpt@sopris.net I have been contacted by Tom Zancanella to review the water rights needs for the proposed special use permit that you have pending with Garfield County. I have received all of the documents from Tom Zancanella and made a preliminary investigation into the needs. At the current time, it is unspecified as to what the actual resort will entail. Tom is going to provide you with some water use figures that should hopefully make your decision about what you can provide easier. Based on what your needs are will depend on the amount of water that you will need. The water rights decrees that you currently have are all absolute. The two springs that may be used to supply water to the development, the garden spring and the field spring are decreed absolute. Unfortunately this decree fixed the amount of water as that supplied historically and no expansion of that use can occur with out augmentation. Obtaining augmentation for the uses that you require should not be difficult. West Divide does cover uses in this particular area. Whether you are in Area A or Area B is not easy to determine because West Divide has recently changed the boundaries in this area. However, even if you are in Area B we can obtain an augmentation plan and provide a water supply assuming that your ditch is the only downstream ditch on Spruce Creek that could be affected. In order to ensure that your ditch is not used in the future as a calling right as against the springs, it will be necessary for us to do a no -injury agreement. That agreement would be filed with the County Clerk and Recorder indicating that any future buyer of this water right could not use it to call out the springs that are used to supply water to the upstream development that your daughter and son-in-law will use. The course that I intend to follow is to first determine your water needs. Then I will determine whether you are in Area A of the West Divide Water Conservancy District. We will then hopefully determine you are in Area A, file a contract request with WDWCD for the CALOIA & Hourr, P.C. Arthur Mackley Page 2 November 25, 1998 appropriate amount of water and obtain approval at the next board meeting. That will give you a legal water supply to proceed. At some point in the future, you will need to participate with them in an augmentation plan. However, the expense will be minimal as you should be included in an augmentation plan with several other users. If you are not in Area A but in Area B, we will make the same application for a contract but will also need to make application with the Water Court for an augmentation plan. Hopefully, if you are the only downstream water user, there will be no opposition and we will be able to obtain final approval from the water court within four to six months. That process is a bit more complicated and costly but should not be extraordinary unless there are other water users located in the basin that could object. I am happy to write a letter to the County explaining how we intend to provide a legal water supply to the development. I can prepare that letter once I have more information about the development and whether you are in Area A. The firm bills for its services on an hourly basis according to the enclosed schedule of rates. I will be the principal attorney working on this matter, and my rate for this work will be $145.00 per hour. In order to provide you with more efficient and economical legal services, I may delegate certain tasks to another attorney or member of the firm's staff where appropriate. You will receive a monthly detailed statement of services rendered during the preceding month, which identifies the work performed on your behalf and the charges for that work. Payment will be expected within 30 days of your receipt of the statement. If at any time you feel the need to discuss charges for work performed on your behalf, or alternative billing arrangements, or any other issue related to our representation of you in this matter, please do not hesitate to call me. If the terms of this arrangement are satisfactory to you, please sign both copies of this letter in the space indicated below, return one original to me, and retain the other original for your file. SAC:nll MACKREY-Itr-1 Sincerely, CALOIA & HOUPT, P.C. Sherry A. Caloia CALOIA & Hourr, P.C. Arthur Mackley Page 3 November 25, 1998 I have read and agree to the terms stated above. f•A o1Rc By G— ace Date Arnold Mackley MACKREY-Itr-1 CALOIA & HOUPT, P.C. ATTORNEYS AT LAW 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 SHERRY A. CALOIA JEFFERSON V. HOUPT BARBARA P. KOZELKA MARK E. HAMILTON December 4, 1998 VIA HAND DELIVERY Mark Bean John Barbee Garfield County Regulatory Office and Personnel Department of Development 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 TELEPHONE: (970) 945-6067 FACSIMILE: (970) 945-6292 E-mail: caloia&houpt@sopris.net Re: Mackley Special Use Permit Dear Mark and John: This firm represents Arnold L. and E. Darlenn Mackley. Our office has reviewed the water rights associated with their land located on Spruce Creek in unincorporated Garfield County in order to determine whether there is adequate water available the Mackleys' proposed development of a small resort. We supply the following opinion: The Mackleys have irrigation and domestic water rights associated with their land that have been adjudicated on Spruce Creek. Two springs, Garden Spring and Field Spring, were adjudicated for domestic and stockwater use prior to 1977, and thus enjoy protection by Green Mountain. The senior right on Spruce Creek, the Anderson Ditch, is also owned by the Mackleys. Because the decrees for Garden Spring and Field Spring would be expanded by building three additional cabins, a lodge and restaurant facility on the Mackleys' property, we believe it MACKLEY-Bean-ltr CALOIA & Houer, P.C. Mark Bean and John Barbee December 4, 1998 Page 2 necessary to file an augmentation plan in order to obtain a legal water supply. However, because the only downstream senior water right located on Spruce Creek is also owned by the Mackleys, we do not believe that formation of an augmentation plan will present a problem in this case. Such a plan would permit out -of -priority diversions from Garden Spring and Field Spring for the Mackleys' development so long as resulting stream depletions are replaced with adequate augmentation water. At the current time, the Mackleys' property is located in Area A of the West Divide Water Conservancy District ("WDWCD"). Thus, they can contract with WDWCD to provide replacement water. However, even though the property is in Area A, WDWCD recognizes that senior water rights could be affected, and will issue a contract which so indicates. (However, as pointed out above, the only downstream senior water right on Spruce Creek which could be affected by the plan is also owned by the Mackleys). We have applied for a WDWCD contract for the Mackleys. We have also applied to the District Court, Water Division No. 5, for approval of an augmentation plan. Copies of these applications are attached to this letter. A copy of an engineering report from Zancanella and Associates, Inc. is attached to the Water Court application. We anticipate approval of the WDWCD contract in the near future, which approval will give the Mackleys a continuous legal water supply for their development. Subsequent judicial approval of the proposed augmentation plan will then allow the Mackleys reduce the amount of replacement water provided by WDWCD pursuant to the contract (i.e. permit replacement of that amount of water consumptively used, as opposed to the total amount of water diverted). MACKLEY-Bean-In 7 (( CALOIA & HouPr, P.C. Mark Bean and John Barbee December 4, 1998 Page 3 Please contact this office if you have any questions or concerns or if you require any additional information. Very truly yours, CALOR &HIUPT, P.C. SAC/MEH Enclosures cc: Arnold Mackley, w/o enc. MACKLEY-Bean-lh Sherry A. Caloia Mark E. Hamilton -DC- DISTRICT COURT, WATER DIVISION NO. 5, COLORADO Case No. 98 CW APPLICATION FOR WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION CONCERNING THE APPLICATION FOR WATER RIGHTS OF: ARNOLD L. AND E. DARLENE MACKLEY, Garfield County, Colorado 1. Name, address and telephone number(s) of Applicant(s): Arnold L. and E. Darlene Mackley 4031 County Road 320 Rifle, CO 81650 (970) 625-1641 do Sherry A. Caloia Caloia & Houpt, P.C. 1204 Grand Avenue Glenwood Springs, CO 81601 (970) 945-6067 2. Name(s) of structure(s) to be augmented: Field Spring and Garden Spring 3. Previous decrees for water rights to be augmented: A. Field Spring and Garden Spring In 1974, Case No. W-2218 Water Div. No. 5, Field Spring and Garden Spring, was adjudicated. Detailed information on the two Springs is set forth in the Decree in Case No. W-2218, and is summarized as follows: (1) Legal description of point of diversion: Garden Spring is located in Lot 1 in the NE1/4 of the NE1/4 of Section 4, Township 7 South, Range 94 West, of the 6th P.M. 1072 feet south of the north section line of Section 4, and 887 feet west of the east section line of said Section 4. Field Spring is located in the SE 1/4 of the NE 1/4 of Section 4, Township 7 South, Range 94 West of the 6th P.M. at a point 1450 feet of the North section line and 1110 feet west of the east section line of said Section 4. MACKLEY-App for POA Case No. 98 CW Application for Approval of Plan of Augmentation Arnold and Darlene Mackley Page 3 of 5 a. Applicants intend to construct a small resort consisting of lodging and restaurant facilities on their property located in parts of Sections 3 and 4, Township 6 South, Range 94 West, 6th P.M. b. Applicants intend to use the Field and Garden Springs as their supply. Applicants will augment when out of priority the depletions resulting from Applicants' use of the Field Spring and Garden Spring. This augmentation plan will augment depletions associated with use in 3 cabins for guest use, one dwelling for full time occupancy with restaurant facilities, 4 campsites and lawn watering of no more than .05 acre. Restaurant use is estimated total 900 gallons per day average usage. c. Each cabin is assumed to require 300 gallons per day and the dwelling is estimated at 300 gallons per day for in-house use. Four campsites are estimated at 240 gallons per day. Wastewater treatment will be by individual septic tank leach field, with an estimated depletion rate of 15% of in-house potable water diverted. The lawn watering is 80% consumptive. d. Applicants contemplate an average diversion of 2.0 gallons per minute from the Springs. Total annual diversions of 2.86 acre feet, and total annual consumptive use of 0.58 acre feet. However, augmentation will only be required when Applicants' water rights are out of priority. e. Ruedi Reservoir is capable of augmenting depletions under the Garden and Field Spring such that no injury results to senior water rights. Applicants have applied for a water supply contract with the West Divide Water Conservancy District ("WDWCD") pursuant to which all out -of -priority depletions from the Garden and Field Spring will be replaced by water released from Ruedi Reservoir. The proposed WDWCD contract will provide for releases in the amount necessary to replace all diversions which may be occurring out -of -priority along with any transit losses necessary. g. Names and addresses of owners of land upon which structures are located: The Field and Garden Springs structures are on the land owned by Applicant. Reudi Reservoir is owned and operated by the U.S. Bureau of Reclamation. An engineering report is attached hereto and incorporated herein by this reference. MACKLEY-App for POA Case No. 98 CW Application for Approval of Plan of Augmentation Arnold and Darlene Mackley Page 2 of 5 (2) Source: springs tributary to Spruce Creek, tributary to Colorado River. (3) Amount: .0176 c.f.s. Field Spring, .011 c.f.s. Garden Spring. (4) Uses: domestic and irrigation. (5) New water right: application is made for additional domestic and commercial uses for both springs; with a date of appropriation of 9/1/98; in the amount of .0176 c.f.s. for the Field Spring, .011 c.f.s. for the Garden Spring, for the resort development as described below. 4. Water right(s) to be used for augmentation: Ruedi Reservoir 5. Previous decrees for Ruedi Reservoir: a. Date entered: June 20, 1958 b. Case Nos.: C.A. 4613 and W-789-76 c. Court: Eagle County District Court d. Type of water right: Storage e. Legal description: Ruedi Reservoir is an on -channel reservoir located in the NW'/< of the NE''/ of Section 18, Township 8 South, Range 84 West of the 6th P.M. f. Source: Frying Pan River g. Amount: 140,697.3 acre feet (Case No. C.A. 4613) 101,396 acre feet (Case No. W-515) h. Appropriation Date: July 29, 1957 i. Decreed Uses: Generation of electric energy, domestic, municipal, industrial, irrigation and stock watering. 6. Statement of Plan for Augmentation, covering all applicable matters under Colo. Rev. Stat. §§ 37-92-103(9), 302(1)(2) and 305(8). Give full details of plan, including a description of all water rights to be established or changed. MACKLEY-Ann for POA 0991.9 00'313113 OZE HO 1E04 A3 N3 W MMONHV /vj'co i AB.SI \' IZ 1?0 /u2Wu , .0,-/w00•6uluaoronvvvnvA//:d114 :90e4 gam *SQZQAM 07Ndd179 999 X09 aid MaiA094100* 931A1OH 001 NIVINflOW N210H 019 BIG HORN MTN. LOG HOMES. 307-684-2445 'ales 5141. ul papnloul a.ae sueld woisn0 •spuap uno a.ae sJat.uo2.sno Jn0 •uMo .Jno aaaM 11 }1 se 2oafoid ,anon Eeau4 am •pneaado pue pauMo Rewe} sl 931NOH 001 NIVINflOW N210H 019 •pasl.lduns Anueseald 24 1pM noR1.04 e i.uapl}uoo 2J a aM 1.oafo.ad unoR alonbsn Sal pue lle0 •uoneulgwoo alge .eaqun ue anal noR pue R.nsnpul an LAI saopd 1saMol a1 pue sleunew Ripenb uno ppy •goafoud Dol Jo Rue Asap n punou6req pue aoualuadxa ag1. anal Rau •uol.on4suoo Sol Jo aseld Baan ul aoualuadx9 ppd. Ieol1oeJd anel lap 1.uawa.aedap uSlsap Jno ul aldoad anal aM •R3geaa e 2wo091 ueld 1.el4 mimes n pa{ JIJOM !um aM•an Ileo aseald pules noR ul ,ao.aaded uo ueld aulol e anal noR41 'G VN0H 001 NIVINf10W N210H 019 11!M R%leloads e ale sauaoq Dol wo1sn0 DISTRICT COURT, WATER DIVISION NO. 5, COLORADO Case No. 98 CW ogaS APPLICATION FOR WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION CONCERNING THE APPLICATION FOR WATER RIGHTS OF: ARNOLD L. AND E. DARLEEN MACKLEY, Garfield County, Colorado 1. Name, address and telephone number(s) of Applicant(s): i Arnold L. and E. Darleen Mackley 4031 County Road 320 Rifle, CO 81650 (970) 625-1641 c/o Sherry A. Caloia Caloia & Houpt, P.C. 1204 Grand Avenue Glenwood Springs, CO 81601 (970) 945-6067 2. Name(s) of structure(s) to be augmented: Field Spring and Garden Spring 3. Previous decrees for water rights to be augmented: A. Field Spring and Garden Spring In 1974, Case No. W-2218 Water Div. No. 5, Field Spring and Garden Spring, was adjudicated. Detailed information on the two Springs is set forth in the Decree in Case No. W-2218, and is summarized as follows: (1) Legal description of point of diversion: Garden Spring is located in Lot 1 in the NE1/4 of the NE'/ of Section 4, Township 7 South, Range 94 West, of the 6th P.M. 1072 feet south of the north section line of Section 4, and 887 feet west of the east section line of said Section 4. Field Spring is located in the SE 1/4 of the NE 1/4 of Section 4, Township 7 South, Range 94 West of the 6th P.M. at a point 1450 feet Pf the North section line and 1110 feet west of the east section line of said Section 4 MACKLEY-App for POA Case No. 98 CW _ Application for Approval of Plan of Augmentation Arnold and Darleen Mackley Page 2 of 5 (2) Source: springs tributary to Spruce Creek, tributary to Colorado River. (3) Amount: .0176 c.fs. Field Spring, .011 c.f.s. Garden Spring. (4) Uses: domestic and irrigation. (5) New water right: application is made for additional domestic and commercial uses for both springs; with a date of appropriation of 9/1/98; in the amount of .0176 c.f.s. fol. the Field Spring, .011 c.f.s. for the Garden Spring, for the resort development as described below. 4. Water right(s) to be used for augmentation: Ruedi Reservoir 5. Previous decrees for Ruedi Reservoir: a. Date entered: June 20, 1958 b. Case Nos.: C.A. 4613 and W-789-76 c. Court: Eagle County District Court d. Type of water right: Storage / e. Legal description: Ruedi Reservoir is an on -channel reservoir located in the NW% of the NE/ of Section 18, Township 8 South, Range 84 West of the 6`h P.M. f. Source: Frying Pan River . g. Amount: 140,697.3 acre feet (Case No. C.A. 4613) 101,396 acre feet (Case No. W-515) h. Appropriation Date: July 29, 1957 i. Decreed Uses: Generation of electric energy, domestic, municipal, industrial, irrigation and stock watering. 6. Statement of Plan for Augmentation, covering all applicable matters under Colo. Rev. Stat. §§ 37-92-103(9), 302(1)(2) and 305(8). Give full details of plan, including a description of all water rights to be established or changed. MACKLEY-App for POA Case No. 98 CW Application for Approval of Plan of Augmentation Arnold and Darleen Mackley Page 3 of 5 a. Applicants intend to construct a small resort consisting of lodging and restaurant facilities on their property located in parts of Sections 3 and 4, Township 6 South, Range 94 West, 6th P.M. b. Applicants intend to use the Field and Garden Springs as their supply. Applicants will augment when out of priority the depletions resulting from Applicants' use of the Field Spring and Garden Spring., This augmentation plan will augment depletions associated with use in 3 cabins for guest use, one dwelling for full time occupancy with restaurant facilities, 4 campsites and lawn watering of no more than .05 acre. Restaurant use is estimated total 900 gallons per day average usage. c. Each cabin is assumed to require 300 gallons per day and the dwelling is estimated at 300 gallons per day for in-house use. Four campsites are estimated at 240 gallons per day. Wastewater treatment will be by individual septic tank leach field, with an estimated depletion rate of 15% of in-house potable water diverted. The lawn watering is 80% consumptive. - d. Applicants contemplate an average diversion of 2.0 gallons per minute from the Springs. Total annual diversions of 2.86 acre feet, and total annual consumptive use of 0.58 acre feet. However, augmentation will only be required when Applicants' water rights are out of priority. e. Ruedi Reservoir is capable of augmefiting depletions under the Garden and Field Spring such that no injury results to senior -water rights. Applicants have applied for a water supply contract with the West Divide Water Conservancy District ("WDWCD") pursuant to which all out -of -priority depletions from the Garden and Field Spring will be replaced by water released from Ruedi Reservoir. The proposed WDWCD contract will provide for releases in the amount necessary to replace all diversions which may be occurring out-of'priority along with any transit losses necessary. f. Names and addresses of owners of land upon which structures are located: The Field and Garden Springs structures are on the land owned by Applicant. Reudi Reservoir is owned and operated by the U.S. Bureau of Reclamation. An engineering report is attached hereto and incorporated herein by this reference. g• MACKLEY-App for POA Case No. 98 CW Application for Approval of Plan of Augmentation Arnold and Darleen Mackley Page 4 of 5 WHEREFORE, Applicants request: a. Approval of the above-described water right application, change of water right and augmentation plan; and Such other and further relief as the Court deems appropriate. DATED this 30th day of November, 1998. MACKLEY-App for POA CALOIA & HOUPT, P.C. Attorneys for Applicants erry A. Chia, #11947 Mark E. H. ilton, #24585 1204 Grand Avenue Glenwood Springs, CO 81601 (970) 945-6067 STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. Case No. 98 CW Application for Approval of Plan of Augmentation Arnold and Darlene Mackley Page 5 of 5 VERIFICATION I, Thomas A. Zancanella, P.E., state under oath that I have read this application and verify its content. I Thomas A. Zancanella i Subscribed under oath before me on November 30, 1998. My commission expires: A5/ Cann ion ts$es 10/241200 i , „ a.GC.iQ Notary Public 2 MACKLEY-App for POA P.O. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 Mr. Arnold Mackley 4031 County Road 320 Rifle, CO 81650 Dear Mr. Mackley: ZANCANELL4.4No 40004 TES; inc. tfii;iti a'r1INid CONSULT4NrS November 30, 1998 (970) 945-5700 (970) 945-1253 Fax To assist you in the development of your campground and recreational facility, on November 5, 1998 Zancanella & Associates field inspected the proposed site. It is our understanding that you proposed to develop up to 4 cabin units, 4 camp sites units and provide up to a 20 seat lodge with kitchen facility. Table 1 attached provides the future water uses of the proposed recreation center. From the water requirements table we can see that a continuous water supply of approximately 2.0 gpm will need to be developed. During our field inspection, we assisted you in the measurement of the Garden Spring which was producing an average of 7.82 gpm. Water quality samples were taken from the source and tested for bacteria and nitrates, as per the instructions of John Barbee, the Garfield County Planner. The Water Court decree and the laboratory test results, which passed the Colorado Department of Healthstandards are attached to this letter. There were two other springs on site that could be used to further supplement the water supply. However, these sources were hot tested or measured. We believe that the Mackley recreational facility can qualify as a "T ansient Non -Community water system". This means a non -community water system Which does not serve 25 or more of the same people for 60 or more days per year, (i.e , a restaurant, motel, campground, etc.). We believe that the proposed recreational development can be served by ISDS systems. The restaurant can be served and will produce less than 2000 gpd and therefore should not require a site application froth the Colorado Department of Health and Environment. We recommend that site specific engineered Waste water system be utilized when final site selection is made for the facilities. Finally to provide a "legal" water supply; We recommend that a West Divide Contract be obtained and an augmentation pleh.filed.While these rights are absolute and could currently be covered as a Green MoUntairi beneficiary, this policy could change and the rights would be subject to a down stream call such as Cameo. The spring rights are currently in Area A of the West Divide District. We recommend that a separate individual augmentation plan be completed as soon as you make the decision to move forward. The development of the recreational facilities can be covered under the West Divide temporary exchange plan. Therefore, the approval of the water rights augmentation plan should not hold up your county approval process. If you have any questions, please call our office at (970) 945-5700. Very truly yours, Zancanella & Associates; Inc. ,cc- e1u19 Thomas A. Zancanella, P.E. N: \98000's\90530Mackleyplan.wpd $ \ \ 20 seat lodge with Kitchell 3 ECRB 4 camp spaces @0.2/unit 0.8 EORs Conrrercial 3.8 EORs Imgated Open Space 0 acres Application Efficiency 70% Crap ling regmrc (CIR) 213 ft § a \ --gegen § .w § )�nci k|{f{2{ k{ƒ)<0 ci # of EOR's (4 cabins) 40 units Si persons/residence 3.0 cap/unit # gallans/persoNday 100 gpcd Percent Consun 15% Lawn Iniga0cn 500 sq-ft/unit Application Efficiency 80% Crop Inig regrmt (CIR) 213 R j / k (8) (3) - (70) (11) (12) (13) (14) Domestic Commercial DomtComm Open Space Pond Average In-haus¢_ In-house. Irrigation Irrigation Evap. Total Flow (acct) (ac -It) (ac -It) (ao. t) (ac -It) (ac -It) (gpm) )§§§]§//\]§) §) ) §§§ §§\ )§)d § \§]//§§§§//§ § §§§§§)/§§]2§ § §§§§]/§§§]§§ § o §§§\§§§[§)§[ § (1) (2) (3) (4) (5) (6) (2) Domestic Commercial Dom\Comm Open Space Pond Avenge In-house In-house Irrigation Irrigation Evap. _ _Total Flow (ac -It) (ac -ft) (ac -R3 (ac -t) (ac -rt). \ (ac -I0 (gpm) 9§q§;§\(%r9§ )2§§§§§§§§§] § ))§§])§§]§§§ § §§§§]§§§§§]/ § I • ]§§§/§]]§j)§ § ]§[§2[]§]]/] § \ 00000j02/000/ ���_�.�,2,!! EI - : k fit ty0 }k I Rev. 0/26/97 CURRENT 1/1/90 Contract No. Date Acl.i vaLed APPLICATION AND DATA FORM TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT A. APPLICANIrnold L. and E. Darleen Mackley Name Address 4021 County Road 320, Rifle, CO 81650 Telephone Number 970 /625 1641 Authorized Agent or Representative Sherry A. Caloia Caloin & Honpt B. WATER RIGHT OWNED BY APPLICANT OR BEING APPLIED FOR Name of Right Field Spring and Garden Spring Type of Structure or Right Surface springs Location of Point of Diversion (description from decree or permit) Garden Spring: Lot 1 in the NE of the NEk of Sec. 4, T7S, R94W, 6th PM. 1072' So. of North line of Sec. 4 and 887' W. of East line of Sec. 4. Field Spring: SE' of the NE+, ofSec. 4, T73, 79411 of the 6th PM, at a point 1450' S of the North Sec. line and 1100' West of the E. Sec. line of said Sec. 4, Water Court Case No. 14-2218 (augmentation plan applied for in Case No. 98CW225 ) Well Permit No. N/A C. INTENDED USE OF LEASED WATER Location of Area of Use (Include complete and accurate legal description of property on which water right is to be used. May be attached as Exhibit A) See attached Exhibit A Total Acreage 0.05 acres of lawn watering within lands described on Exh. A. Description of Use Domestic, irrigation and commerr.ial (water supply for small resort consisting of lodging and restaurant facilities, Total Number of Dwelling Units See attached Exhibit B Number of Constructed Units See attached Exhibit B Number of Vacant Lots See attached Exhibit B Potable Water System Springs Waste -Water Treatment System Septic Type of Meter or Measuring Device Projected Monthly Volume of Leased Water Needed in Gallons: THESE FIGURES ARE ACTUAL DIVERSIONS OR CONSUMPTIVE USE ONLY (Actual diversions must he used unless contractee has an augmentation plan) See Exhibit B Jan. Feb. Mar. Apr. May June. July Aug., Sept. Oct. Nov. Dec. Annual Total Gallons Acre Feet Maximum Instantaneous Demand gpm D. OTHER REMARKS Exhibit B sets forth diversions and consumptive use. Applicant will augment all actual diversions until judicial approval of an augmentation plan, after which time Applicant will only augment consumptive use. Date /d/ -/qt EXHIBIT A TOWNSHIP 7 SOUTH, RANGE 94 WEST OF THE 6TH P.M. Section 3: Lot 4. Section 4: Lot 1, S1/2NE1/4 EXCEPTING THOSE PORTIONS THEREOF CONVEYED TO THE BOARD OF COUNTY COMMISSIONERS FOR ROAD PURPOSES BY DOCUMENTS RECORDED FEBRUARY 23, 1928 IN BOOK 133 AT PAGE 607 AS RECEPTION NO. 100768 AND OCTOBER 8, 1929 IN BOOK 159 AT PACE 111 AS RECEPTION NO. 105450. TOGETHER WITH: 1. All buildings and improvements situated thereon. 2. Water and water rights, ditch and ditch rights, reservoir and reservoir rights, spring and spring rights, of every kind and nature with all structures and appurtenances, including but not limited to the Hillside Spring, the Field Spring, the Garden Spring, the Harris Ditch and water rights from Porcupine Creek,'with all structures and appurtenances appurtenant to and uyedtin conjunction with the above described real property. SUBJECT TO: 1. Reservations and limitations of the underlying patent; 2. Reservatirons, mineral or otherwise contained in any underlying deed or deeds constituting the record chain of title from patentee to party of the first part; 3. Easements and rights -of -clay of record; 4. Easements and rights-of-way, if any, not of record, but which have been established and not4 exist by operation of law upon said real property, or any portion or'portrions thereof; 5. All zoning and zoning restrictions and limitations, building and building requirements, adopted by any governmental agency having jurisdiction therof, and all'ordinances, resolutions and decrees creating special statutory districts. 1111116/11/ill 111111.11111111 2 of 2 ff ii:66 6 6Rfr tLC COUNTY CO Mackley Recreation Center Estimated Water Requirements V I Sag w w d ri Y i 0 S r S E Q F E ci ci E 8 S ci d d d d d d d d d d d o EdEdodsddsEE Li d do d0dd 0d 0d a 0 dci@dddcidcidcici o d rd CI Lf 25 2f Li 23 25 25 2i 25 5 0 0 cicid d cid d d d d d o ci qq pp pp g v� y y v� pp Q d d d d t3 d d E ci E E d F. d d d d d d d d d d d d d d d d d f toO to r r b tor b O a e d d d d d d d d d d o 0 N N r 1. I. N h r F r 1` t` q d d d d d d d d d 6 d m e o R N c Elf g E # b V it or, rt rl P }L� J B n n Q u If cg i QQQ 5 Bf $ N n E O 01 F jYj E X I :] # 7 a—�, -n-'�rzy.—„�I7amesticDemanB lit of ECAs (4 cadre) _- 4.0 units # persarNresidenx 3.0 rapkrdt gallors/persaNday 100 gpcd Percent Carstried 15% Lawn Migration 500 sq-RArvt Application Efficiency B0% Crop !Mg regent (C1R) 213 rt EXHIBIT B ,r m v m Q l 1 F''_ 8 c pp li 1E4_ I O gilti B ` t'I I. y e G 6 ... Jrda S r S E Q F E ci ci E 8 S ci d d d d d d d d d d d o EdEdodsddsEE Li d do d0dd 0d 0d a 0 dci@dddcidcidcici o d rd CI Lf 25 2f Li 23 25 25 2i 25 5 0 0 cicid d cid d d d d d o ci qq pp pp g v� y y v� pp Q d d d d t3 d d E ci E E d F. d d d d d d d d d d d d d d d d d f toO to r r b tor b O a e d d d d d d d d d d o 0 N N r 1. I. N h r F r 1` t` q d d d d d d d d d 6 d '..I Q@a E P/9d i! 1 ! t 6 i I n p E°13 I E I O gi E .a a O S 1, _ .., of E u' 13 1?; 1 gp I'r. n• fi Q C n E 1 d \ 3 IY� U s 4' LI E oo ig.m K U ti n N gg gg ' N N d r ...-nd ddd rn . tld � tl� tl���g g� d o 25 2f tl LS § 2f 25 25 25 0 25 §'0 0 d d d d d d d d d d d d d ; l §§§ d1 d E d E S o S o ry d d. d d d d d d d d d d d B§ 8 8 8 8 0 0 8 8 8 0 d d d d d d d d d h O ^ B P O Q o Y P o P O V Y V do d d d d d d d d d d I I E e u d `u 5 1, c i E a E E p a m u o y u c ' LL Q y❑ Q u. O 0 u Q 0 Z 0 RIFLE(- `j ,00 -1_3 I , ar Itiht i1a h: CIIRRL.NE I/1/98 Name of Applicant.: Contract. S Map II) B Date Activated WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT/LEASE Arnold L. and E. Darleen Mackley Duanttl.y of Water in Acre feel.: 2.859 Apps scant. hereby applies to the West Divide Water Conservancy District, a political subdivision of the Staid of Colorado. organized pursuant. to and existing by virtue of C.R.S. 1973, §37-45-101, et sen.. (hereinafter referred In as the "District.") for an allotment contract/lease to beneficially and perpetually use water or water rights owned, leased, or hereafter acrpiired by the llistrict.. Dy execution of this contract/lease and the attached application. Applicant hereby agrees to the following terms and conditions: Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water. which will be supplemented and augmented by water leased herein. If Applicant intends to divert. through a well. it must be understood by Applicant that no right to divert exists until a valid well permit. is obtained from the Colorado Division of Water Resources. 2_ (luontity: Water applied for b) the Applicant in the amount, set forth above shall be diverted al. Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer dur'igperlods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to saidiquabtity in acre feet per year of storage water owned or controlled by the District.. It is understood that any quantity allotted from direct flow. storage or otherwise, to the Applicant by the District. will he limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Airy quantity allotted will.only be provided so long as water is available and the Applicant. fully complies with all of the terms and conditions of this cont:Jct/lease. The District and the Applicant. recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at airy time the Applicant determines it requires less water than the anxmnt herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this contract/lease shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District. shall be used for the following beneficial use or uses: municipal, domestic and related uses, or commercial (except to the extent. that. Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07- 7IJ-WD547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities br Upon land owned, leased, operated, or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir and Green Mountain Reservoir, or other works or facilities of the District, or from other sources available to the District. shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources. and release or delivery of water at such outlet or points shall constitute pert rnmnce of the District's total obligation. Delivery of water by the District from huedi Reservoir or Green Mountain Reservoir shall be subject lo the District's lease contracts with the United States bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore. the District hereby expressly reserves the right to store water and to make exchange releases from structures 'bat may be built. or controlled by the District in the. future, so long as the water service to the Applicant ptnsuant to this agreement. is not impaired by said action. Any quantity of the Applicant's allocation riot delivered to or used by Applicant by the end of each wafer year (October 1). shall revert to the v+ter supplies of the District. Such reversion shall not. entitle Applicant to any refcuul of payment made for such wafer. Water service provided by the District shall be limited to the amount of water available in priority at the original point, of diversion of Lhe District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees. may call on any greater amount at new or alternate points of diversion. the District shall request the Colorado Division of Water Resources trj'estimate any conveyance losses between the original point and any alternate point. and such estimate shall be deducted from this amount in each case. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate ponds of diversion of the District's water rights or storage water may be required in order for Applicant to use Lhe water service contemplated hererurder. Obtaining such decree is the exclusive responSiibili ty of Applicant. The District reserves the right, to review and approve any conditions which may be attached to judicial/approval of said alternate point of diversion as contenplaLed or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that. it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary Lo obtain/divert the waters at said alternate point of diversion and deliver Lliem Lo Applicant's intended beneficial use. Irrespective of the amount ,f water actually transferred Lo the Applicant's point of diversion. the Applicant shall make annual payments to the District based upon the amount of water allotted under Ibis contract/lease, In the event the Applicant intends to ap>lyk. for an alternate point of diversion and to develop an augmentation plait and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event Lhe Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder. Applicant. shall hot be obligated to pay any amount under Paragraph 1B below! In any event, the District shall have the right. to approve nr disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract/lease Payment: Non-refundable, one time administrative charge, in the amount determined by the Board of Directors of the District from time to time, shall be submitted with the application for consideration by the District. Aimual payment for the water service described herein shall be determined by the Board of Directors of the Districtthe initial annual payment shall be made 1n full, within thirty (307 days after the elate of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shill apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each ,January 1. If an annual payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail, return receipt requested, to the Applicant at such address as may be designated by the Applicant. in writing or set forth in this contract/lease or application. Water use for any part of a water year shall 9 require payment for the entire water year. Nothing herein shall be construed so as to prevent the District. from adjusting the annual rale in il.s sole discretion for future years only. If payment is not made within fifteen (15) days after the date of said written notice. Applicant shall at District's sole option have no further right, title or interest under this contract/lease without further notice, and delivery may be inurediately curtailed. The allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. Upon cancel fallen of this water allotment contract/ lease with the District, the District. shall notify tire Division of Water Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use. 7. Add itionaI Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the allotment of wafer rig4ts hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. B. Assignment: This contract/lease shall inure to the benefit of the heirs, successors or assigns of the parties hereto. Any assignment of the Applicant's rights under this contract/lease shall be subject to. and must comply with, such requirements as Lire District may hereafter adopt regarding assignment of contract/lease rights and the assumption of contract/lease obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for Individual and separate allotment contracts/leases. No assiyrnneid, shall be recognized by the District except upon completion and filing of proper forms for change of ownership. Upon the sale of the real property to which this contract/lease pertains. Applicant. has a duly lir make buyer aware of this contract./lease and proper forms for change of ownership must be completed. 9. Other Rules: Applicant shall be bbtd by the provisions of the Water Conservancy Act of Colorado: by the rules and regulations of the Board of Directors of the,Distri ct: and all amendments thereof and supplements thereto and by all other applicable law. ID. operation and Maintenance Agreement: Applicant shall enter into an "operation and Na inl.enance Agreement." with the District under terms and conditions determined by the board of Director's of the District., if and waren. the Board of said District. determines In its sole discretion that such an agreement is required. Said agreement rray contain. but shaIl not be limited to, provisions for additional annual monetary consideration for extension of District, delivery services and for additional administration, operation, and maintenance costs: or for other costs to the District which may arise through services made available to the Applicant, It. Change of Use: The District reserves the exclusive right to review, reapprove or disapprove any proposed charge in use of the water allotted hereunder. Any Use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this contract/lease, 12. Ilse and Place of Use: Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this contract/lease is executed, or in airy operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein. other than as permitted in paragraph 6 above, shall be deemed to be a material breach of this agreement. I itle: It is understood and agreed that nothing herein shalI be interpreted to give the Appl icant any equitable or legal lee title interest in or to any water or water rights referred to herein. hi. Conservation: Applicant shall use commonly accepted conservation practices with respect In the water and water rights herein. and hereby agrees to be bound by any conservation plan adopted hereati.er by the District or use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict.'actual diversions to not exceed the Conl.raca./lease amount.. wdrich provides water (oil the formula of one acre foot per dwelling) for ordinary household purposes inside one single family dwel l inq. the watering of dnmesl.ic livestock. fire protection, and the irrigation of up to 6.000 square feel. of lawn and garden. Appl card. sl the Colorado Division of Pal Watering of purposes unless Appl icant obi at a horse boarding facility Contract/I. ease. call also comply with all restrictions and limitations set forth in the well permit obtained frons e.r Resourres.;` livestock shall be restricted toiAppl icant.'s domestic anima Is not. to be used for commercial .a ins approval from the Colorado Division of Water Resources for corrnnierci at use/livestock watering . provided that in no event shall actual diversions exceed the amount, of water provided by this Violation of this paragraph 15 shall be deemed to be a material breach of this Contract/lease. 16. Well Permit: If Applicant intends to divert through a well, then Applicant must provide to Di sl ricl. a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. 17. Measuring Device or Meter' Ap^l scant -agrees to provide at its own expense an adequate measuring device or meter to coat humus ly and accurately measure at all times all water diverted pursuant. to the terms of Appl i cant. 's water right arid the terms of this contract/lease. Applicant agrees to provide accurate readings from such device or meter to D is tr' i et. upon I)istrict.'s request. Applicant acknowledged' that failure to comply with this paragraph coo 1(1 result, - in legal action to terminate Applicant's diversion of water by the State,of Colorado Division of Water Resources. I0. Representations: Dy executing this contract/lease, Applicant agrees that. it. is not. relying on any legal or engineering advice that Applicant may believe has [Len received from the District. Applicant. further acknowledges that it has obtained all necessary legal and engineering advice from Applicant's own sources other than the I)ist.ricl.. Applicant. further acknowledges that the District makes no guarantees, warranties, or assurances whatsoever about. the quantity or quality of water available pusuant to this contract/lease. Should the District be unable to provide the water contracted for herein. no damages may be assessed against the District, nor may Applicant obtain a refund from the District.. 19. Costs of Water Court Fi1iuu and Augmentation Plan: Should the District. in its owr discretion. choose to include Applicant's contract/lease herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant. hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's thare of the proceedings. 20. Binding Agreement' This agreement shall not be complete nor binding upon the District unless attached hereto is the furor entitled "Application and Data Form to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by Lhis reference thereto be incorporated into the terms of this agreement. ZI. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VAI ID WI I I IN !NI I OR (11111 It WAIF It ItIGIIF IN ORDER 10 DIVLRI WAFER. INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT/LEASE. II IS III(: CONIIIJtIINO OHFY UI IIIL APPI ICANI 10 MAINTAIN 111E VALIDITY OF TIIE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS (IE PLRMI IS. f II TNG WII L CUNI'I El ION IIIV'ORIS. I -It TNG SIAIEMENIS OF BENEFICIAL USE, OR OIIIERWISE LAWFULLY APPLYING 111E WAJER III DEMI ICIAI 051 OH A REGULAR BASIS CJI 1110111 WASTE. Appli(ald.: Applicant: Caloia & Houpt, P.C. Attd rneys for Mackleys App I i caul. address SIAlE OF COLORADO ) ) Ss. COIINIY Of GAM -111D Mar lk E. 1lamilton 1204 Grand Ave Glenwood Springs, CO 81601 the foregoing instrument was acknowledged before me on this `lik-a-LIL 1. P -zV1/u —Y, Witness imy hand and official seal. My comfy -jolt expires WOs:, bs'i ntr- es 10/24/2000 ORDER day of Th€ f_t',.rf.. -e/1_ . 19 71by Alter a hearing by the Board of Directors of the West Divide Water Conservancy District. on I. he app Ii cation,iL is hereby URINRIB that said application be granted and this contract/lease shall be and is accepted by the District. MIST: Sec re La l'y WEST DIVIDE WATER CONSERVANCY DIS TR ICI By President. Date this contract/lease includes and is subd'act to the terms and conditions of the following documents which Inosl. accompany I.his conl.racl./lease: I. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed 0 3. Tnyvvit€41- fuov-vo. . 9 14` Ki9c? P4-2. /m-02---jti--76__ The next item on the agenda was a request for review of a Special Use Permit to allow for resort designation in the A/R/RD zone district. Property is located southwest of Rifle, central to Rifle and Rulison, south of I-70 approximately 8 miles. Applicant is Arnold and Darleen Mackley. Jim Leuthauser reviewed public noticing with Arnold Mackley. Obtained list from the Assessors Office of owners within 200' of property. Mailing took place within 15 days prior. All owners both private and public were notified. Notice was published in the Glenwood Post on November 24, 1998. Jim stated that it appears documentation to support public notice requirement is adequate. Phil Vaughan swore in everyone who wanted to speak. John Barbee entered the following exhibits into the record: Exhibit A: Green Return Receipts and White Certified Slips Exhibit B: Glenwood Post Proof of Publication Exhibit C: Staff Report & Attachments Exhibit D: Signed copy of Water Augmentation Exhibit E: Revised copy of what Applicant wants to do --more specific Exhibits A-E were all accepted into the record John Barbee presented the staffs comments. The applicant is requesting resort status for a 160 acre parcel currently being used for light agricultural operations. The project would allow for the placement of four additional cabins, with a main lodge. The proposal would also create four outdoor campsites for tent camping. The proposal indicates that the main target market would be family reunions, weddings, and other similar social activities restaurant serving guests only is planned for the larger main lodge. A single homestead cabin is located on the site. Each tent camping area shall be provided with one individual watering station for each four (4) spaces; such station to be constructed similar to individual water service connections as provided under 5.02.10(2) except that riser height shall be thirty (30) inches and a splash pad shall be installed around the base. Under the general supervision requirements: the duly authorized attendant or caretaker shall be in charge at all times to keep the park, its facilities and equipment in clean, orderly and sanitary condition. I Water and sewer: A centralized water system is proposed utilizing on site springs and a cistern - central system. Water quality and quantity is both good and sufficient for the proposal. State and local health standards are applicable to the application. Bed & Breakfast size of kitchen you will not need kitchen permit --if any bigger, will need to contact State Department of Health. Plenty of water on site for Fire Protection. Staff is recommending approval with the thirteen (13) conditions listed in the staffs report. No questions were asked at this time by P&Z members, Moved to applicants presentation. Arnold and Darleen Mackley are owners of this property. The Mackley's also introduced their son Ryan and his wife Katie. The Mackley's purchased this property approximately 13 years ago. The parcel of land for the proposed property use consists of 160 acres. The property is bordered by both private and public lands. It is located 4 1/2 miles east of Rulison and approximately 8 1/2 miles west of Rifle on the south side of the Colorado River. Access to the property is off of CR329. CR 329 has a good site distance in either direction. Some of the Mackley's proposed uses are listed below: 1. A small restaurant (presently located in main cabin), not open daily, yet accommodating up to 20 people, for both the overnight guests and reservation only diners. 2. Garden Weddings 3. Wedding Receptions/Rehearsal Dinners --by reservation only 4. Seasonal Parties --by reservation only 5. Company and Family Reunions --by reservation only 6. Company Parties/Seminars/Weekend Retreats/Organizational Assemblies 7. Family Vacation/Lodging--by reservation 8. Camping Sites (4) 9. Trails 10. Sportsmen --accommodations will be suited for hunters 11. As per the availability of funds the projected growth of the facilities will expand to include Jacuzzi/hot tub, a three hole golf course The hours of operation will depend upon the demand for use of the property. The Mackley's are proposing that all requests to use the facilities be by reservation only, in a hope to prevent undue traffic at late night hours. Depending upon the success of the proposed use the amount of vehicles accessing the property will range from one vehicle to at the most 15, where as a shuttle will be run from the main road. Arnold hopes to turn this business over to his kids someday. Questions were asked to applicant by P&Z members. Mike Sylvia asked Arnold Mackley if he had any concerns with the "14 Conditions of Approval" listed in the staff report. Arnold questioned item #2. It was agreed upon to strike that item off of the condition of approval list. Anna Price asked about camping sites. Arnold stated that they are not looking for people off of the highway to fill these sites. These are to be used as a option for people using facility for organized functions. Anna asked about sanitary facilities for camp sites. Per John Barbee sanitation facilities would have to be provided for these sites. No other questions were asked at this time by P&Z. Public comments or questions were asked for next. ' xAm-14,-w -Paul-Bn nchrth lives up CR 329. He stated that this is a busy road and it is not simply a country road any more. - named s �v{ral different companies that use this road. (probably 20 different company vehicles seen today). stated that CR 320 to the junction that there is no room to pass. There is a blind corner (45 degree angle) going into the property %nl has no objection to what the Mackley's are proposing, the problem is with the road. The County promised 2 years ago they would gravel and still not done. No further questions or comments from the public. Returned to P&Z for further questions or comments. Phil Vaughan had question for staff concerning item #4 the site specific soils investigation. Staff is recommending all proposed sites prior to construction of units to have a Colorado Engineer foundation designed. Phil also had a question about item #6 concerning fire mitigation plan. John Barbee wants to check for completeness prior to issuance of any building permits. Phil suggested striking item #7 concerning maintenance expense to property owner for damages to County Roads as a direct result from resort use. Staff agreed to remove this condition from list. Phil also suggested striking item #9 concerning annual testing of water. This is a community water supply as far as users of the water. It is bound by State regulations. Not a matter for the County. Staff agreed to strike from conditions list. Herb Nelson asked how units would be heated? Arnold Mackley stated that natural gas will be used. Herb also asked about outdoor lighting and fireplaces. Light property but not neighbors. Main house has a log fireplace. The additional cabins will have gas fireplaces. Herb is recommending no open hearth fireplaces. 4 Ray Schmahl had question about traffic. Arnold responded that functions will generally occur on weekends. Could possibly shuttle or escort group to property. Arnold owns all the land along CR 320. Site distance is good accept the two corners that Paul spoke about. Arnold feels with a little pruning up visibility could be increased. Arnold is willing to work with County to possibly widen road. Herb Nelson made a motion to approve with condition numbers 2, 7, and 9 all be cancelled under conditions of approval. Item #11 add to condition in staff report "and existing storage building". Add condition #14 --need a more detailed site plan. Pin point sites for cabins a little more. Also add condition #15 --no open hearth fireplaces accept existing one. Add condition #16 --downward lighting only. Dominic Dodero seconded the motion. A vote was taken and motion passed unanimously. (7Y-0 N) I HEPWORTH - PAWLAK GEOTECHNICAL August 29, 2003 Arnold Mackley 4031 County Road 320 Rifle, Colorado 81650 Hepworth-Pawlak Geotechnical, Inc. 5020 County Road 154 Glenwood Springs, Colorado 81601 Phone: 970-945-7988 Fax: 970-945-8454 email: hpgeo@hpgeotech.com Job No. 103 530 Subject: Subsoil Study for Foundation Design, Proposed Lodge and Cabins, Spruce Creek Ranch, 0436 County Road 329, Garfield County, Colorado Dear Mr. Mackley: As requested, Hepworth-Pawlak Geotechnical, Inc. performed a subsoil study for design of foundations at the subject site. The study was conducted in accordance with our agreement for geotechnical engineering services to you dated August 21, 2003. The data obtained and our recommendations based on the proposed construction and subsurface conditions encountered are presented in this report. Proposed Construction: Construction plans are conceptual at this time. The proposed lodge will likely be one to two stories with a basement and the cabins will be one story above a crawlspace and located on the site as shown on Figure. 1. Ground floors will be structural slab -on -grade. Cut depths are expected to range between about 3 to 8 feet. Foundation loadings for this type of construction are assumed to be relatively light and typical of the proposed type of construction. If building conditions or foundation loadings are significantly different from those described above, we should be notified to re-evaluate the recommendations presented in this report. Site Conditions: The site is located west of County Road 329 and about 81/2 miles south of Rifle, Colorado. The building area is located in an open field and vegetated with grass and weeds. The ground surface has been graded relatively flat and the area has been used for storage. The south part of the site has been cut and the material placed at the north end. Subsurface Conditions: The subsurface conditions at the site were evaluated by excavating four exploratory pits at the approximate locations shown on Figure 1. The logs of the pits are presented on Figure 2. The subsoils encountered, below V2 feet of topsoil, consist of medium stiff sandy clay. About 5 feet of man -placed fill was observed in Pits 2 and 4 overlying the clay. Results of swell -consolidation testing performed on relatively undisturbed samples of the sandy clay, presented on Figures 3 and 4, indicate low compressibility under existing moisture conditions and light loading and moderate to high compressibility under additional loading after wetting. The sample tested from Pit 3 at 4 feet exhibited a low expansion potential when wetted. No Parker 303-841-7119 • Colorado Springs 719-633-5562 • Silverthorne 970-468-1989 -2 - free water was observed in the pits at the time of excavation and the soils were slightly moist to moist. Foundation Recommendations: Considering the subsoil conditions encountered in the exploratory pits and the nature of the proposed construction, we recommend spread footings placed on the undisturbed natural soil designed for an allowable soil bearing pressure of 1,500 psf for support of the proposed lodge and cabins. The soils tend to compress after wetting and there could be some post -construction foundation settlement. Footings should be a minimum width of 18 inches for continuous walls and 2 feet for columns. Loose and disturbed soils and existing fill encountered at the foundation bearing levels within the excavations should be removed and the footing bearing level extended down to the undisturbed natural soils. Exterior footings should be provided with adequate cover above their bearing elevations for frost protection. Placement of footings at least 36 inches below the exterior grade is typically used in this area. Continuous foundation walls should be reinforced top and bottom to span local anomalies such as by assuming an unsupported length of at least 12 feet. Foundation walls acting as retaining structures should be designed to resist a lateral earth pressure based on an equivalent fluid unit weight of at least 50 pcf for the on-site soil as backfill. Floor Slabs: The natural on-site soils, exclusive of topsoil, are suitable to support lightly loaded slab -on -grade construction. To reduce the effects of some differential movement, floor slabs should be separated from all bearing walls and columns with expansion joints which allow unrestrained vertical movement. Floor slab control joints should be used to reduce damage due to shrinkage cracking. The requirements for joint spacing and slab reinforcement should be established by the designer based on experience and the intended slab use. A minimum 4 inch layer of free -draining gravel should be placed beneath basement level slabs to facilitate drainage. This material should consist of minus 2 inch aggregate with less than 50% passing the No. 4 sieve and less than 2% passing the No. 200 sieve. All fill materials for support of floor slabs should be compacted to at least 95% of maximum standard Proctor density at a moisture content near optimum. Required fill can consist of the on-site soils devoid of vegetation and topsoil. Underdrain System: Although free water was not encountered during our exploration, it has been our experience in mountainous areas that local perched groundwater can develop during times of heavy precipitation or seasonal runoff. Frozen ground during spring runoff can create a perched condition. We recommend below -grade construction, such as retaining walls, deep crawlspace and basement areas, be protected from wetting and hydrostatic pressure buildup by an underdrain system. Shallow crawlspaces, less than 4 feet, should not need an underdrain provided that good surface drainage (as described in this report) is maintained around the cabins. Job #103 530 Gertech -3 - The drains should consist of drainpipe placed in the bottom of the wall backfill surrounded above the invert level with free -draining granular material. The drain should be placed at each level of excavation and at least 1 foot below lowest adjacent finish grade and sloped at a minimum 1% to a suitable gravity outlet or sump and pump. Free -draining granular material used in the underdrain system should contain less than 2% passing the No. 200 sieve, less than 50% passing the No. 4 sieve and have a maximum size of 2 inches. The drain gravel backfill should be at least 11/2 feet deep. Surface Drainage: The following drainage precautions should be observed during construction and maintained at all times after the lodge and cabins have been completed: 1) Inundation of the foundation excavations and underslab areas should be avoided during construction. Drying could increase the expansion potential of the soils. 2) Exterior backfill should be adjusted to near optimum moisture and compacted to at least 95% of the maximum standard Proctor density in pavement and slab areas and to at least 90% of the maximum standard Proctor density in landscape areas. Free -draining wall backfill should be capped with about 2 feet of the on-site, finer graded soils to reduce surface water infiltration. 3) The ground surface surrounding the exterior of the building should be sloped to drain away from the foundation in all directions. We recommend a minimum slope of 12 inches in the first 10 feet in unpaved areas and a minimum slope of 3 inches in the first 10 feet in pavement and walkway areas. 4) Roof downspouts and drains should discharge well beyond the limits of all backfill. 5) Sprinklers heads and landscaping which requires regular heavy irrigation, such as sod, should be located at least 5 feet from the buildings. Limitations: This study has been conducted in accordance with generally accepted geotechnical engineering principles and practices in this area at this time. We make no warranty either express or implied. The conclusions and recommendations submitted in this report are based upon the data obtained from the exploratory pits excavated at the locations indicated on Figure 1 and to the depths shown on Figure 2, the proposed type of construction, and our experience in the area. Our findings include interpolation and extrapolation of the subsurface conditions identified at the exploratory pits and variations in the subsurface conditions may not become evident until excavation is performed. If conditions encountered during construction appear different from those described in this report, we should be notified at once so re-evaluation of the recommendations may be made. Job #103 530 Ge&tech -4 - This report has been prepared for the exclusive use by our client for design purposes. We are not responsible for technical interpretations by others of our information. As the project evolves, we should provide continued consultation and field services during construction to review and monitor the implementation of our recommendations, and to verify that the recommendations have been appropriately interpreted. Significant design changes may require additional analysis or modifications to the recommendations presented herein. We recommend on-site observation of excavations and foundation bearing strata and testing of structural fill by a representative of the geotechnical engineer. If you have any questions or if we may be of further assistance, please let us know. Respectfully Submitted, HEPWORTH - PAWLAK GEOTECHNICAL, INC. Louis E. Eller Reviewed by: Daniel E. Hardin, P. 2/ 3163 •:;� LEE/ksw %11/%:.• •'.*' alt NAI I•f attachments Figure 1 - Location otExploratory Pits Figure 2 - Logs of Exploratory Pits Figures 3 & 4 - Swell Consolidation Test Results Table 1 - Laboratory Test Results Job #103 530 C-�cPtech BENCH MARK: GROUND AT GATE POST; ELEV. = 100.0', ASSUMED. ii EXISTING FENCE X X X PIT 1 ■ EXISTING GATE NOT TO SCALE 0 PROPOSED DRIVEWAY 103 530 HERWORTH—PAWLAK GEOTECHNICAL, INC. LOCATION OF EXPLORATORY PITS Figure 1 a N 0 PIT 1 ELEV.= 95.0' WC=7.5 DD=90 -200=83 5 V --1 10 LEGEND: I WC=9.4 DD=82 PIT 2 ELEV.= 94.1' -J WC=16.7 DD=99 LL=31 P1=15 PIT 3 ELEV.= 104.2' WC=11.5 DD=102 -200=93 PIT 4 ELEV.= 90.5' X / 0 _ WC=14.7 00=74 -200=76 we=10.7 5 DD=81 MAN—PLACED FILL; sandy clay and gravel, firm, slightly moist to moist, dark brown. 10 Depth — Feet TOPSOIL; sandy silt and clay, organic, firm, slightly moist to moist, dark brown. CLAY (CL); slightly sandy to sandy, medium to high plasticity, medium stiff to stiff, moist, brown. 2" Diameter hand driven liner sample. Disturbed bulk sample. NOTES: 1. Exploratory pits were excavated on August 25, 2003 with a Ford 555 backhoe. 2. Locations of exploratory pits were measured approximately by pacing from features shown on the site plan provided. 3. Elevations of exploratory pits were measured by instrument level and refer to the Bench Mark shown on Figure 1. 4. The exploratory pit locations and elevations should be considered accurate only to the degree implied by the method used. 5. The lines between materials shown on the exploratory pit logs represent the approximate boundaries between material types and transitions may be gradual. 6. No free water was encountered in the pits at the time of excavating. Fluctuations in water level may occur with time. 7. Laboratory Testing Results: WC = Water Content ( % ) DD = Dry Density ( pcf ) —200 = Pe cent passing No. 200 sieve LL = Liquid Limit ( % ) PI = Plasticity Index ( % ) 103 530 HEPWORTH—PAWLAK GEOTECHNICAL, INC. LOGS OF EXPLORATORY PITS Figure 2 Compression % Compression — Expansion 0 1 2 3 4 5 6 7 0.1 Moisture Content = 9.4 percent Dry Density = 82 pcf Sample of: Sandy Clay From: Pit 1 at 10 Feet Compression upon wetting 1 0 1 2 3 .0 10 APPLIED PRESSURE — ksf 100 Moisture Content = 11.5 percent Dry Density = 102 pcf Sample of: Slightly Sandy Clay From:Pit 3 at 4 Feet Expansion upon wetting 0.1 .0 10 APPLIED PRESSURE — ksf 100 103 530 HEPWORTH—PAWLAK GEOTECHNICAL, INC. SWELL CONSOLIDATION TEST RESULTS Figure 3 Compression % A CA A W N '-' O Moisture Content = 10.7 percent Dry Density = 81 pcf Sample of: Sandy Clay From: Pit 4 at 5.5 Feet • Compression upon wetting • • • 0.1 1.0 10 100 APPLIED PRESSURE — ksf 103 530 HEP WORTH—PAWLAK GEOTECHNICAL, INC. SWELL CONSOLIDATION TEST RESULTS Figure 4 0 CO LO N Co 0 U Z — M J 1 a U_ w • CC • H- o w W O W r O • w Ymcc Q Q O H m a J Q Ll a O s H CC O a LU 2 SUMMARY SOIL OR BEDROCK TYPE sandy clay sandy clay sandy clay I� slightly sandy clay gravelly sandy clay (fill) sandy clay UNCONFINED COMPRESSIVE STRENGTH (PSF) ATTERBERG LIMITS PLASTIC INDEX l%) in LIQUID LIMIT (%) M PERCENT PASSING NO. 200 SIEVE 83 Co CT) 76 GRADATION O 0 GRAVEL (%) NATURAL DRY DENSITY (per) O 01 N CO O') Cr) 102 ct N r Co NATURAL MOISTURE CONTENT (%) in N ct O)I N M in — 14.7 N 6 SAMPLE LOCATION DEPTH (feet) M 0d Ln N in 71- N 3