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Home My WebLink About1.01 Supplemental ApplicationSeptember 24, 2012 Mr. Glenn Hartmann Garfield County Building and Planning 108 8th Street Suite 401 Glenwood Springs, CO 81601 George E. Bagley 6044 Co. Rd. 233 Silt, CO 81652 Kbagley73@gmail.com To Whom It May Concern: Enclosed are copies we believe to be needed for your review and approval for the finalization of the Dutch Major Subdivision Exempt Application. In short we are dividing the full fifty two acres into four lots. Lot 1 will be 20.5 acres, Lot 2 will be 6.6 acres, Lot 3 will be 12.7 acres, and Lot 4 will be 14 acres. We are applying for ADU, this will be for the unit closest to CR 233. This house is approximately 1296 Sq. Ft. We have completed all the well and water requirements for the Application. We believe we have completed all the requirements up to this point. Please advise of any further requirements to complete this application. Thank you. Sincerely, orge E. Bagley Timeline Waiver Specified in the Unified Land Use Resolution of 2008, as amended And Colorado Revised Statutes Date I George Bagley hereby waive any applicable timelines specified in the Garfield County Unified Land Use Resolution of 2008, as amended and in the Colorado Revised Statutes for scheduling and/or conducting the Director's Decision for the Dutch Major Subdivision Exemption Application administrative review (File No. MAEA-6931) and the Bagley ADU Application administrative review (File No. GAPA-7397). Sincerely, George Bgley Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com LAND USE CHANGE PERMIT APPLICATION FORM rTYPE OF APPLICATION Administrative Review • Location and Extent Review • Limited Impact Review • Development in Floodplain • Major Impact Review • Designation of Flood Fringe/Floodway • Amendments to an Approved LUCP • Rezoning ■ LIR ■ MIR ■ SUP • Minor Temporary Housing Facility • PUD Zoning • Vacation of a County Road/Public ROW • Land Use Code Text Amendment • Pipeline Development • Appeal of Administrative Interpretation • Comprehensive Plan Amendment, Minor • 1041 Regulations • Comprehensive Plan Amendment, Major • Variance INVOLVED PARTIES Owner/Ap licant Name: =Cle t Phone: ( 1 OJ '309 (:)34-19 Mailing Address: up4z--1- t EC062_3---3 City: Vt Li State: CO Zip Code: ((C5r2_ E-mail: hE Tt ) &ARA'I 1... , CE t Representative (Authorization"wRequired) F—., Name: \j Gf Vl�Phone: (0110) 61 - 244- Th '�2- �3 1:5Li\-- E2 Nr;-- ° Sri r Mailingnn -Address: City: 1 LSI (� .� 2+ t�G�S State: (--D Zip Code: St loCI G E-mail: i L -L I�,'-'—' W 1A-1) ` 66M PROJECT NAME AND LOCATION Project Name: IZif LiterP 71,(-E,6.\ V1 ioki a- , `1lG'`1 Assessor's Parcel Number: 2- + 9 -C. 1 - 0 -0 4- �0 Physical/Street Address: 1 O 2.0..11\ l ( (.,O sIL052_ /690 e,(2_2-33 Legal Description: 1, --til- I '� 1.1Gi-1- FSj Lt.) 5A) Le 0.1 ft , r�F'1 E o2 1 U t- GT -ft-E Co-i`tt P Ivl (: -=-U L ccu LT/) C::%(c '2 " Zone District: U124,3(1-0 &cav l+ Wat Property Size (acres): 52_ 62_(::;_30 L4.1Fs,1) 61 LT tO g ► LPA Project Description Existing Use: - WO --„---5(.\\\e-4.) cx+ - --k.. U.\D (-Lt'c e7 Proposed Use (From Use Table 3-503): \A Description of Project: REQUEST FOR WAIVERS Submission Requirements ❑ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards ❑ The Applicant is requesting a Waiver of Standards per Section 4-117. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. Signatureif Property Owner Date OFFICIAL USE ONLY File Number: 6 (4 P2 1L- 3 '1 Fee Paid: $ 50. cm Oct 17 12 03:53p Rick Lane Construction 208-442-2572 p.1 Prdject UescrIption Existing tJse: 1 • 'R _ + l L' lit, TIC —..,1.;" ,i Proposed Use (From Use Table 3-503): PcDi jt Description of Project: Submission Requirements Q TheAppl'cant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards 0 The Applicant is requesting a Waiver of Standards per Section 4-117. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. Signature Property Owner Date ,O Fl 1 1L :CfiSE 600 Fife Number: &„jpft- Fee Paid: $ S)^ rockfall areas, radiological and seismic hazard areas, soil types and landslide areas; vegetative cover; dams, reservoirs, excavations, and mines; and any other off-site features of the same type that influence the development. e) Existing and proposed parking areas, driveways, emergency turn -outs and emergency turnarounds, sidewalks and paths, shown by location and dimension. f) Existing and proposed roads, railroad tracks, irrigation ditches, fences and utility lines on or adjacent to the parcel, shown by location and dimension. g) Uses and grantees of all existing and proposed easements and rights-of-way on or adjacent to the parcel, shown by location and dimension. h) Area of the individual parcels, and the total square feet of existing buildings, driveways and parking area. i) Zone district in which the site is located. j) Location and dimension of all structures, existing and proposed, and distance of structures from property lines. k) Elevation drawings showing existing grade, finished grade, and height of the proposed structures above existing grade. I) Description of the proposed wastewater treatment system, including location and size of leach field, sewer service lines, and treatment facilities to serve the proposed use. m) Description of the source and capacity of the water supply, including location and size of well(s) and/or water lines to serve the proposed use. n) Location and size of signs for the purpose of identification, advertising and traffic control. o) Additional information that may be reasonably requested by the Director to enable an adequate evaluation of the proposal. 6. Submit a copy of the Pre -Application Conference form from the original Pre -Application Conference. 7. Submit 3 hard -copies and one digital copy of all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the application has been deemed technically complete. All digital documents shall be in .pdf form and should be separated into sections identical to the hard -copy. 11. Administrative Review Process The following section outlines and describes the Administrative Review process for the variety of uses that are governedby the Board of County Commissioners by the Unified Land Use Resolution of 2008 (ULUR). Please refer to Section 4-401 of Article IV in the regulations themselves for a higher level of detail. [The following process is required for applications for land use changes that are subject to Administrative Review as defined in Table 3-501 or 3-502 in Article III.] A. Outline of Process. The Administrative Review process shall consist of the following procedures which are more fully described in Sections 4-401 and 4-104 of Article IV: 1. Pre -Application Conference (Section 4-103(A)) 2. Application (4-103 (B)) 3. Determination of Completeness (4-103 (C)) 4. Evaluation by the Director/Staff Review (4-103 (E)) 5. Decision by Director have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. (Si nature o I. roperty Owne Date GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com GENERAL ADMINISTRATIVE PERMIT GENERAL INFORMATION (Please print legibly) ➢ Name of Property Owner: G PaG- -Bpat.pki D. Mailing Address: (04}- C.?_ 233 Telephone: (cm) 33q--.0341 ➢ City: 3U State: CO Zip Code:Si ii)512_ Cell: (°17D ) S7(c-fo ➢ E-mail address: $AAGTh(.fl 5( C'4il-1 C, • CDM FAX: (_ ) > Name of Owner's Representative, if anv, (Attomey, Planner, Consultant, etc): ➢ Mailing Address: 02-3 'BL -P( -E fk1I6, Telephone: (M(26145- 2441 ➢ City: (?iL 1 L% SPV4 4e6State: (S) Zip Code:SULO1 Cell: ( ) ➢ E-mail address: C t • C.DM FAX: ( 170) 6446 244.0 > Requested Use from Table 3-501 or 3-502: 3L (J n J Q_ -()511A ➢ Street Address / General Location of Property: t 21 l Ce. 221 "? 1904+ x'2,33 Sl Lx, , 8t 1052 ➢ Legal Description: 1 , I1 aM 5 , —11)UUt 5i1 P (Q fiDOTH , (61e �2v3a5v o -tits fir► -PM CV AfteFiao CoU trc{ , tuDeivo ➢ Assessor's Parcel Number: z- ' - 0_51-1) a - Q AD. ➢ Existing Use: > Property Size (in acres) 2 Zone District: UV-13AM a Last Revised 12,29/D8 I. GENERAL APPLICABILITY & SUBMITTAL REQUIREMENTS The following general application materials are required for all Administrative Review Applications in Garfield County. To determine if the use you request requires an Administrative Permit, refer to Table 3-501 and 3-502 of Article III. Application materials and review standardsthat are specific to an individual use (Accessory Dwelling Unit, Home Office, etc,) are detailed in Sections 3-301 of Article III and Section 7-801 of Article. VII of the Unified Land Use Resolution (ULUR) of 2008. 1. Submit a completed and signed Application Form, an application fee, and a signed Agreement for Payment foram. 2. Submit a narrative explaining the purpose of the application and supporting ma*erials that address the standards and criteria found in Articles III and VII of the Unified Land Use Resolution of 2008. 3. Submit a copy of the deed showing ownership. Additionally, submit a letter from the property owner(s) if the owner is being represented by another patty other than the owner. If the property is owned by a corporate entity (such as an LLC, LLLP. etc.) Please submit a copy of recorded `Statement of Authority' demonstrating that the person signing the application has the authority to act in that capacity for the entity. 4. Submit a vicinity map: An 8 'r2 x 11 vicinity map locating the pard in the COWL, vicinity map shall dearly show the txxxidarks of tfle within a 3 -mile radius of the subject property. The map shall be at a minimum scale of 14-2 1' showing the general topographic and geographic relation of the proposed hate to the surrounding area for Which a copy of U.Szaa wadrangle'map may be used. 5. Submit a Site Plan which required in Sec&xt 4- -(CX3 rt _` rt`.t..F tar: . ! scaled at 1 inch to 200 feet for properties exceeding 160 acres in size, or 1 inch to 100 feetf I than 160 acres i size. The Director may require, or the a subrnt a more d verses of ati or part of the site pian. 3 „ plan shall include the following elements. Ur .i iii EW uPlIF rtac-+ismer p;ns, and dimensions of the subject property, including land the parcel with section comers, cfislance and bearing to corners, quarter comers, township and range. €:j t ►u 0, . i ► uwervaus 4-urTic.ieni to show the topography affecting the Ment and stcwm drainage. nrt-SitP. ff0h1TPc natttrai and artftial rtrairtarmk areas, ditches, hydrologic isahres and aquatic habNat geok0c %eatrrres and The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. Page 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) &Tat.' GARFIELD COUNTY (hereinafter COUNTY) and Property Owner (hereinafter OWNER) agree as follows: 1 OWNER has submitted to COUNTY an application for (hereinafter, THE PROJECT). 2. OWNER 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. OWNER 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. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER 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, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER 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. PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE) I hereby agree to pay all fees related to this application. Print Name Mailing Address: (Q04i---1"2 E -Mail Address: Phone Number: Glc- Signature Page 4 Date GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include a Payment Agreement Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES TYPE OF LAND USE ACTION Vacating Public Roads & Rights -of -Way Sketch Plan Preliminary Plan / Conservation Subdivision Preliminary Plan Amendment Final Plat Final Plat Amendment / Correction Plat Combined Preliminary Plan and Final Plat Minor Exemption / Amendment Major Exemption / Amendment Rural Land Development Option Exemption / Amendment General Administrative Permit Floodplain Development Permit Pipeline Development Plan / Amendment Small Temporary Employee Housing Minor Temporary Employee Housing Limited Impact Review / Amendment Major Impact Review / Amendment Rezoning: Text Amendment Rezoning: Zone District Amendment Planned Unit Development (PUD) / Amendment Comprehensive Plan Amendment Variance Interpretation Takings Determination 1041: Areas & Activities of State Interest Planning Staff Hourly Rate • Planning Director • Senior Planner ■ Planning Technician ■ Secretary County Surveyor Review Fee (includes review of Amended BASE FEE $400 $325 $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey $325 $200 $100 $1,075 $300 / $300 $400 / $300 $400 / $300 $250 $400 $400 / $300 $50 $250 $400 / $300 $525 / $400 $300 $450 $500 / $300 $450 $250 $250 NO FEE $400 $50.50 $40.50 $33.75 $30.00 Plats, Final Plats, Exemption Plats) Determined by Surveyor$ $11 — 1St page Mylar Recording Fee $10 each additional page Page 2 KERST & ASSOCIATES, P.C. ATTORNEYS A PROFESSIONAL CORPORATION ATTORNEYS AT LAW DAN KERST dan@kerstlaw.com KELLY CAVE kelly@kerstlaw.com MATTHEW L. TRINIDAD matt@kerstlaw.com 823 BLAKE AVENUE, SUITE 202 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 FACSIMILE: (970) 945-2440 September 22, 2011 Glenn Hartmann, Senior Planner Garfield County Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 Re: Dutch Major Subdivision Exemption Application File #: 13819 Dear Glenn: PARALEGAL ELISABETH GETZEN egetzen@kerstlaw.com Via Hand Delivery In response to your incomplete letter dated July 25, 2011, we are submitting the following supplemental information for the Dutch Major Exemption. 1. Access to Utilities. The property borders County Road 233 (Silt Mesa Road) to the north and County Road 229 to the east. County Road 233 has natural gas, electricity and telephone services. County Road 229 has electricity. Three of the four lots have a boundary line with one or both of these roads. Lot 3 has an access and utility easement over Lot 4 to provide services from County Road 229. Propane is often utilized in this area. The Applicant proposes to use propane for the southern lots. Landline telephone services are no longer essential with cell phone or internet phone availability. If the County requires that the southern Lots must have access to natural gas and/or telephone services, the property owners are willing to add a utility easement on the eastern boundary of the property adjacent to County Road 229, either in the prescriptive right of way easement or adjacent. If required, the Plat can be amended to include the utility easement prior to final approval. 2. Driveways and Parking. Lot 1's driveway is depicted on the Plat. Lot 2's proposed driveway will be twenty feet (20 ft.) north of the twenty foot irrigation ditch on the eastern boundary. There is an existing driveway for the current dwelling on Lot 4 and Lot 3 will gain access over the southern portion of Lot 4 on the access and utility easement. With lot sizes from 6 to 20 acres, parking is more than adequate and the applicants would like to allow future owners the right to determine the specific location of any parking as needed. 3. Water Lines. Water for Lots 1 and 4 will be shared in accordance with the Well Sharing Agreement previously provided. The water lines will be over Lot 1 in the 20 foot Well and Waterline Access & Maintenance Easement as depicted on the Plat. The applicants would like to reserve flexibility for future owners on the location of the water lines on their respective lots outside of said Easement. September 22, 2011 Page 2 4. Additions to Plat. The surveyors updated the Plat with additional information on utilities. 5. Wastewater and County Maps in Color. Attached is the Septic Constraint map in color from the County website. There are no constraints for this property. As previously mentioned, two lots have septic tanks and leach fields. The applicants intend to use similar systems for the other two lots. Also attached are color maps of the County's floodplain, slope hazard, and soil hazard maps. 6. Pump Tests. Domestic wells serving the new lots will have the required pump tests prior to final approval. 7. Well Permits. Attached are the well permits requested. 8. Access and Utility Easement. Attached is a draft of the proposed Access and Utility Easement. 9. Utilities and Improvements Agreement. As discussed in paragraph one above, utilities are accessible for all lots. Applicants do not believe that an Improvements Agreement is required for this major exemption. 10. Fire Protection. As previously provided, the property has sufficient irrigation water available. Lot 1 has a pond as depicted on the plat. Currently, there are two dwellings on the property, and the exemption is not -a substantial increase in fire protection requirements. The property is located within the boundaries of the Burning Mountain Fire Protection District. Furthermore, the property is located approximately one mile northeast of the Town of Silt so we do not believe that the risk of fire is significant enough to require a storage tank since the emergency crews will be able to access the property in a timely manner from County roads. As discussed in paragraph 11 below, the County previously approved of an exemption for this property, and therefore, we believe that the fire protection issue is not significant since restrictions were not placed on the exemption in the past and the risk as described herein appears minimal due to adequate access to the property from County roads. 11. Legal Description and 1982 Exemption. The applicants have an abstract that provides history of the property back to 1891. Portions of the abstract are attached. Lot 1 is the Northeast quarter of the Northeast quarter of Section 5 in Township 6 South of Range 92 West of the Sixth P.M. Also attached is Resolution 82-68 which granted George and Dorothy Bagley a right to split the property into a 46 acre parcel and two 2 acre parcels. Since the property remains fifty plus acres, the prior approved exemption parcels were never deeded to new owners, and therefore, the 1982 exemption should be rescinded. If the prior exemption parcels were not deeded out, the property was never officially split and as such, this exemption is allowed. With this prior exemption approval, there is evidence that the County has reviewed this property in the past and determined that an an exemption is reasonable with available utilities and fire protection. MEASTSVIMATANDKVAGLEYNLIRHARIMANNDOCX September 22, 2011 Page 3 Please contact me if you have any questions in regards to the application or need any additional information. Yours very truly 0/(2 - KELLY CAVE xc: Chuck Bagley (w/o enclosures) George Bagley (w/o enclosures) Shawn Binion (w/o enclosures via email) \W.E0.5T.SVMATA.DKIBAOLEYLLTR HARTMANNCO. September 24, 2012 Mr. Glenn Hartmann Garfield County Building and Planning 108 8th Street Suite 401 Glenwood Springs, CO 81601 George E. Bagley 6044 Co. Rd. 233 Silt, CO 81652 Kbagley73@gmail.com To Whom It May Concern: Enclosed are copies we believe to be needed for your review and approval for the finalization of the Dutch Major Subdivision Exempt Application. In short we are dividing the full fifty two acres into four lots. Lot 1 will be 20.5 acres, Lot 2 will be 6.6 acres, Lot 3 will be 12.7 acres, and Lot 4 will be 14 acres. We have completed all the well and water requirements for the Application. We believe we have completed all the requirements up to this point. Please advise of any further requirements to complete this application. Thank you. Sincerely, George E. Bagley l-� Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") CienR.Eie `rl agree as follows: 1. The Applicant has submitted to the County an application for the following Project: t UTC+A t xv 1St OR 1i oM 2. The Applicant understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. 1 hereby agree to pay all fees related to this application: Owner/Applicant Name: Clieteie. Boautid Phone: ( 61 7 D) cP -S3}L Mailing Address: Q City: 31 (� E-mail: ¥ C -)M -13C GIMA-11,» COM 1 -CA -39)2-- et -C7 (Signature)�� State: CO Zip Code: S(/5`2_. (Date) GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county. com PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Glenn Hartmann PRE -APP DATE: June 8, 2012 PROJECT: Bagley Accessory Dwelling Unit (ADU) PARCEL: 2179-051-00-040 OWNER: Charles Bagley, George Bagley, Dorothy Bagley ZOING: Rural COMPREHENSIVE PLAN: Town of Silt Urban Growth Area REPRESENTATIVES: Kelly Cave, Esq. PRACTICAL LOCATION: 1211 County Road 229, Silt, CO 81652 TYPE OF APPLICATION: Administrative Review for Accessory Dwelling Unit I. PREAPPLICATION TOPICS GENERAL PROJECT DESCRIPTION The Applicant's property is located northwest of the Town of Silt at the intersection of County Road 229 and 233. It is 52 acres in size. The property is currently under review for a major subdivision exemption to subdivide the property into four Tots. As part of the exemption review it was noted that on proposed Lot 1, two dwelling units currently exist. A series of County approvals including a Special Use Permit for a Mobile Home and Subdivision Exemption were granted for the property. The exemption approval never was acted on in terms of creation of a plat or conveyance of property. The mobile home unit apparently was placed on the property. Concurrent review of a new Accessory Dwelling Unit (ADU) Application along with the proposed new four lot Subdivision Exemption is one means for bringing the property into overall compliance with the Unified Land Use Resolution of 2008 as amended. The ADU proposal will need to demonstrate compliance with the General Administrative Permit requirements and submittals. Infrastructure for the units while in place will need to demonstrate compliance with the code unless waivers are requested. One of the two units will need to be designated as the ADU and will need to comply with specific code provisions related to ADU's (Section 7-801) including a maximum size of 1500 sq.ft. The ADU proposal should demonstrate consistency with the Subdivision Exemption application including the legal and physically adequate supply of domestic water. UNIFIED LAND USE RESOLUTION STANDARDS The Rural Zone District provides for an Administrative Review process for Accessory Dwelling Units. The Unified Land Use Resolution includes ADU criteria contained in Section 7-801 (see below). SECTION 7-801 ADDITIONAL STANDARDS APPLICABLE TO AN ACCESSORY DWELLING UNIT. A. Maximum Floor Area. The gross floor area for residential occupancy shall not exceed 1500 square feet. B. Compliance with Covenants and HOA Approval Requirements. The Accessory Dwelling Unit shall be allowed by Covenants or approved by the Home Owner 's Association, as applicable. C. Ownership Restriction. An Accessory Dwelling Unit shall be restricted to leasehold interest in the dwelling unit and shall be for residential use only. D. Compliance with Building Code. Construction shall comply with the standards set forth in this Code and with Building Code requirements. E. Minimum Lot Area. 2 acres or twice the minimum lot size for zone districts with a minimum lot size less than two (2) acres. F. Entrance to Dwelling Unit. A separate entrance to the accessory dwelling unit shall be required. COMPREHENSIVE PLAN 2030 The site is located within the Silt Urban Growth Area as shown on the Garfield County Comprehensive Plan 2030. The Town of Silt, Future Land Use 2011 Map shows the property in an "Agricultural/Rural Residential Reserve" classification. ADDITIONAL PRE -APPLICATION TOPICS The preapplication discussion included items such as submittal requirements, public notice requirements, procedural steps, scheduling and timing issues. A list of property owners 2 within 200 ft_ will have to be provided and said owners will receive public notice of the date set for the Director's Decision. Information on mineral rights ownership on the site will also be required and owners of mineral rights will also receive public notice. The Application will need to address provisions of Article VII including demonstration of a legal and physical supply of water and mitigation of any hazards evident on the site. The Applicant may request waivers from some provisions of Article 7 pursuant to the introductory paragraph to Article 7 found on page 7-1 of the ULUR. Some efficiency reviewing the applications concurrently is anticipated such as site plan requirements to include information on the septic system, water Tines, existing well, utility services and easements. The site plan will need to provide information on the driveway and parking areas. The Application should also address if there are any covenants or private restrictions on the property that would impact the owner's ability to create an ADU. Explanation/confirmation on the history of how the two units came to be located on the site will also be helpful. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS • Garfield County Comprehensive Plan 2030 as amended • Garfield County Unified Land Use Resolution of 2008 as amended o Article III, Zoning • Rural Zone District - Lot/Building Requirements (Section 3-202) and Use Tables (3-501) o Article IV, Application and Review Procedures • Administrative Review Process (Section 4-104) • Application Materials (Section 4-501 (A)) • Description of Submittal Requirements (Section 4-502 (C) (1, 2, 3) o Article VII, Standards • General Approval Standards for Land Use Change Permits (Division 1) • General Resource Protection Standards for Land Use Change Permits (Division 2) • Site Planning and Development Standards (Division 3), as applicable including off-street parking. • Additional Standards Applicable to An Accessory Dwelling Unit (Section 7- 801) o Article XVI, Definitions • Definition of Accessory Dwelling Unit (Section 16-101) ADMINISTRATIVE REVIEW PROCESS In summary, the process will be the following Administrative Review Process contained in Section 4-104: 1. Pre -application Conference 2. Submittal of three copies of Administrative Application (Section 4-501 A) a. Application Form and Fees 3 b. Vicinity Map (Section 4-502 (C) (2)) c. Site Plan (Section 4-502 (C) (3)) d. Assessors Map — showing ownerships e. List of property owners within 200 feet and mineral rights owners of the subject property (Parcel # 2181-064-00-056) f. Additional requirements of Article VII (Divisions 1, 2, 3 and Section 7-801, unless waived by Director) g. Statement of Authority from owner if a representative is used h. Payment Agreement Form 3. Review by staff for Technically Complete (TC) Status 4. If Technically Complete (TC) the Applicant will be notified, the request scheduled for a decision by the Director, and additional copies requested for referrals. If Not Technically Complete (NTC) the Applicant will be advised of the deficiencies. 5. Applicant completes public notice mailing by certified mail to adjacent property owners within 200' and mineral rights owners on the property. The mailing is required to be a minimum of 15 days prior to the Director's Decision (Section 4-104(A)(4)). 6. Staff prepares a report, public and referral comments are reviewed and the Director's Decision is documented by letter as of the noticed date. 7. Director issues the Land Use Change Permit ten days following the Decision if no appeals or requests for a call-up are filed. I1. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: X Director Planning Commission Board of County Commissioners Board of Adjustment c. Anticipated Referral Agencies: Garfield County Road and Bridge Garfield County Attorney Burning Mountain Fire Protection District Garfield County Environmental Health Manager Colorado Division of Water Resources Town of Silt III. APPLICATION REVIEW FEES a. Planning Review Fees: $ 250.00 b. Referral Agency Fees: $ na (Separate Check, see attached fee schedule) c. Total Deposit: $ 250.00 (additional hours are billed at $ 40.50 /hour) 4 IV. GENERAL APPALICATION PROCESSING Planner reviews the case for completeness and sends to referral agencies for comments. Planner will contact the Applicant and set up a site visit. Planning Staff reviews application to determine if it meets standards of review. Planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body which in the case of Administrative review is the Director of the Building and Planning Department. A call-up or appeal process associated with the Director's decision is outlined in Section 4-104. V. DISCLAIMER The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. VI. PRE -APPLICATION SUMMARY PREPARED BY: Glenn Hartmann Senior Planner 5 `2)/2 -4//2 -- Date Garfield County FEE SCHEDULE - BASE FEES TYPE OF LAND USE ACTION BASE FEE LAND USE CHANGE PERMITS General ministrative Permit $250 Limited Impact Review / Amendment $400 / $300 Major Impact Review / Amendment $525 / $400 Rezoning: Text Amendment $300 Rezoning: Zone District Amendment $450 Planned Unit Development (PUD) / Amendment $500 / $300 Floodplain Development Permit $400 Pipeline Development Plan / Amendment $400 / $300 Vacating Public Roads & Rights -of -Way $400 Small Temporary Employee Housing $50 Minor Temporary Employee Housing $250 Comprehensive Plan Amendment $450 Variance $250 Interpretation $250 Takings Determination NO FEE 1041: Areas & Activities of State Interest $400 SUBDIVISIONS Sketch Plan $325 Preliminary Plan / Conservation Subdivision $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey Preliminary Plan Amendment $325 Final Plat $200 Final Plat Amendment / Correction Plat $100 Combined Preliminary Plan and Final Plat $1,075 EXEMPTIONS Minor Exemption / Amendment $300 / $300 Major Exemption / Amendment $400 / $300 Rural Land Development Option Exemption / Amendment $400 / $300 STAFF HOURLY RATE Planning Director $50.50 Senior Planner $40.50 Planning Technician $33.75 [Secretary $30.00 County Surveyor Review Fee (includes review of Amended Plats, Final Plats, Exemption Plats) Determined by Surveyor Mylar Recording Fee $11—r` page, $10 each additional page SPECIAL USE PERMIT ' GEORGE AND DOROTHY BAGLEY In accordance with and pursuant to the provisions of the Garfield County Zoning Resolution of 1979, as amended, and Resolution No. 81- 308 of the Board of County Commissioners of Garfield County, Colorado, State of Colorado, hereby authorizes, by Special Use Permit, the following activity: A mobile home as a principal use of the lot on the following described tract of land in Garfield County, Colorado: •Lot 1, Section 5, Township 6 South, Range 92 West of the 6th PM of Garfield County, Colorado The within Special Use Permit is issued subject to the conditions set forth in the above-mentioned resolution, and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Zoning Resolution, Subdivision Regulations, Building Code, and other regula- tions of the Board of County Commissioners of Garfield County. BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO Larry Velasciuez,. Chairma STATE OF COLORADO County of Garfield At a f: regu lar meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on Monday the 5.th day of October A. D. 19 81 , there were present: Larry Velasquez , Commissioner Chairman Flaven J. Cerise , Commissioner Eugene "Jim" Drinkhouse Corumissiontr Steven J. Zwick, Assistant County Attorney Cheryl J. Koss f De2uty , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 81-308 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION BY GEORGE AND DOROTHY BAGLEY. WHEREAS, the Board of County Commissioners of Garfield County has received an application from George and Dorothy Bagley for a special use permit for a mobile home as principal use of a lot on the following described tract of land: . Lot 1, Section 5, T6S, R92W of the 6th PM of Garfield County, Colorado • WHEREAS, pursuant to required public notice the Board conducted a public hearing on the 14th day of September, 1981, upon the question of whether the above described special use permit should be granted or denied, at which hearing the public and interested agencies and persons were given the opportunity to express their opinions regarding the issuance of said _ special use permit; and . WHEREAS, the Board on the basis of the evidence produced at the aforementioned hearing, has made the following determination of fact: .1. The proposed use is compatible with the uses existing and permitted in the district in which it is to be located, provided that certain hereinafter contained conditions be com- plied with. 2. That neither the impact on traffic volume and safety or on utilities, cr any ether impact of the special use will be injurious to the established neighborhood or zone district in which the special use is proposed to be located. NOW, THEREFORE, BE IT RESOLVED, by the Commissioners of Garfield County, Colorado, that a special use permit be and hereby is authorized permitting the use of the above described tract of land for a mobile home as a principal use of lot, upon the following specific con- ditions: • 1. That the use of the tract of land comply with all present and future regulations of Garfield County relating to the location and use of mobile homes in the zone district in which the property is now or may later be located; 2. That, prior to the issuance of the authorized special use permit, the above described tract of land shall be severed from any other tract of land upon which there may exist a .principal use, unless such other such principal use has been terminated at the time of the issuance of the special use permit. ATTEST: BOARD OF COUNTY CON 1SSIONERS GARFIELD COUNTY, COLORADO t Deputy Clerk,/of the9,10ard RIO BIANCO CO pph 1 53 21 Septic System Constraints, Garfield County, Colorado Septic System Constraints - High Water Table gA;, slow Perc Rate Solution Evaporite Minerals .."�"• Extent of Geologic Study nu' µ 0 1 2 Q finch equals 3.4 miles SEPTIC SYSTEM CONSTRAINI, SOURCE r L:',7, 0 !fr unone sup.n�an. oiee cab�.mc , Garfield County 0‘E e a 7 6714.07 .x• Parachute ej Carbondale 0 MAP 21 455 7 PEACH VALLEY ORCHARD LAURA LEE SU8DI ISION OR /0 MES ;WISE CE13A0 HILLS DUNS' 'l r/4/509 ar Silt, 'nal IEAVENLYVIEW EY ACRES 4.....4.......1...ed 1.1 T 11 �< L.. -m..®. °s Flood Plain, Vicinity Town of Silt, Garfield County, CO 0 1,250 2,500 5,000 Feel 1 inch equals 0.51 miles Garfield County Services erInformation aim lenvices I gloodylainlsllf f )11 Revision 2: 2-26-03 FL0OD PLAIN PROFILE SOURCE: 1) Federal Emergency Management Agency, Flood Insurance Rale Maps (FIRM), (revised January 3. 1986). 2) Army Corp of Engineers Colorado River Flood Plain Study, prepared in cooperation with the Colorado Water Conservation Board, (revised July 1987). 11,11NEDT3 RIDGE L,egend 100 Year Flood Plain DISCLAIMER: This nap was prodbced by Garfield County Geographic Information Services utilizing the Arunlo Geographoc Information System IGlsl The GIS and Its components are designed as a source of reference mar answering queues, modeling. and planning The GIS m nota sobsNme for orlo al goverment records maintained by the Planning Department, Na County Clerk and Recorders Office, IM Assessors Office. or tot any legal descnp- fun information In the chain of elle In addition. the representation of geographic bcalmns by the 010 may nor be substituted for actual legal surveys Always rale, Nine sources cried for the most current legal docu. menabon ukkeed in me compoutnn of Mrs map The information mntamed herein 0 balnvsd N be accurate and salable for the conned use. eel loran above Garfield County makes no warranty as to the accuracy or sudabhy of any nlomalon contained herein for an cher purposes The user snail assure ell risk aro respon5rbbmty Nr any and all damages. /eluch g ca055- 90511.31 damages. whrch may propagate from the users applrcabdn of This mbrmabon \SAUMGARDNER DEFINITION OF TERMS MODERATE SLOPE HAZARD: AREA OF MODERATE HAZARD. SUCH AS SOME DEBRIS FANS AND MINOR ROCKFALL AREAS. DETAILED GEOLOGIC INVESTIGATION SHOULD ACCOMPANY AN ENGINEERING STUDY. INCLUDING TEST DRILLING, SIMPLE STRENGTH TESTS, GROUNDWATER EVALUA. TION. AND STABILITY ANALYSIS MITIGATION IS USUALLY POSSI- BLE. BUT WILL USUALLY BE EXPENSWE AND MAY INVOLVE LARGE- SCALE CONSTRUCTION WORK. SPECIAL SITING MAY BE HELPFUL. MAJOR SLOPE HAZARD: AREA OF MAJOR HAZARD, SUCH AS ACTIVE IANDSLIDE INVESTI- GATION INCLUDES GEOLOGIC STUDY, INTENSIVE DRILLING, AND SOPHISTICATED STRENGTH TESTING, STABILITY ANALYSES, AND MONITORING OF SOIL, ROCK. AND GROUNDWATER CONDITIONS. MITIGATION MAY BE POSSIBLE. BUT WILL PROBABLY BE EXPEN. SIVE, REQUIRE SPECIAL SITING, AND WILL INVOLVE SOME RISK. AVOIDANCE MAY BE RECOMMENDED FOR PROJECTS OF LOWER ECONOMIC VALUE Slope Hazard Study Areas 1,2,&3, Garfield County, Colorado 1 inch equals 2.8 miles reA. Garfield County v.' to.2mm., wee.. l.acr Legend Slope Hazard - MAJOR ri MODERATE warm Extent of Geologic Study ood 116.O MESA CO ) PI TKIN CO MAP 22 RIO BLANCO CO DEFINITION OF TERMS MODERATE SOIL HAZARD: AREA OF MODERATE HAZARD. SUCH AS SOME SUBSIDENCE PROB- LEMS. INVESTIGATION INCLUDES DETAILED GEOLOGIC STUDY, TEST DRILLING. AND LABORATORY ANALYSES. GEOPHYSICAL OR REMOTE SENSING METHODS MAY BE USEFUL MITIGATION USU- ALLY INVOLVES SPECIAL SITING MD DESIGN. MAJOR SOIL HAZARD: AREA OF MAJOR HAZARD, SUCH AS OUTCROPS OF CORROSIVE, SUBSIDING. EVAPORITE ROCKS. INVESTIGATION INCLUDES DETAILED GEOLOGIC STUDY, INTENSIVE TEST DRILLING, AND SOILS AND CHEMICAL TESTING. GEOPHYSICAL AND REMOTE SENSING WORK AND OFFICE ANALYSIS. MITIGATION WILL INVOLVE SPECIAL SITING. DESIGN AND USE LIMITATIONS. AVOIDANCE USUALLY HIGHLY ADVISABLE. COAL MINE ACTUAL EXTENT OF HAZARD UNKNOWN. MUST BE INDIVIDUALLY EVALUATED. Parachute Soil Hazard Profile, Study Areas 1,2, & 3, Garfield County, Colorado 1 inch equals 28 miles 601"42.1) SOUSCC p►' Garfield County 4.*0 GI rho -e41 w..... x442 Legend Soil Hazard - COAL MINE MAJOR c+x MODERATE ..•... Exleni o1 Geologic Study "•" 'GlTlnwood Anus Carbondale MESA CO ) PITKIN CO 0 U m 0 0 MAP 23 LEGAL DOMESTIC WATER — WELL PERMIT SUMMARY BAGLEY ACCESSORY DWELLING UNIT AND DUTCH MAJOR SUBDIVISION EXEMPTION Proposed Lot 1 • Includes two existing dwelling units. • One unit is proposed to be approved as an Accessory Dwelling Unit pursuant to the Bagley ADU Application. This lot is served by an existing shared well approved by Well Permit #76688-F. This new well permit cancelled/replaced Well Permit # 47466 and authorized the well to serve two dwelling units. The new permit is subject to a contract with the West Divide Water Conservancy District. Proposed Lot 2 • This lot is currently vacant. • It is proposed for development with one new single family residence. This lot is served by an existing domestic well, Well Permit #1172 - A. It also has an existing stock watering well, Well Permit #30778. Proposed Lot 3 • This lot is currently vacant. • It is proposed for development with one new single family residence. The lot is served by an existing domestic well located on proposed Lot 3 approved by Well Permit #75924 — F. This new permit replaced previous Well Permit #75024 — F and approved the well to serve two dwelling units. It is subject to a contract with the West Divide Water Conservancy District. Easements and shared well agreements are proposed. Proposed Lot 4 • This lot has an existing single family dwelling The lot is served by an existing domestic well located on proposed Lot 3 approved by Well Permit #75924 — F. This new permit replaced previous Well Permit #75024 — F and approved the well to serve two dwelling units. It is subject to a contract with the West Divide Water Conservancy District. Easements and shared well agreements are proposed. (This summary is based on the Application submittals, Division of Water Resources Documentation, Pre - Application Meetings and Review by the Garfield County Building and Planning Department). R Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg,. 1313 Sherman St.. Denver, Colorado 80203 (303) 866-3581 CHARLES A BAGLEY 627 N HAPPY VALLEY ROAD NAMPA, ID 83687- EXST WELL PERMIT NUMBER 75924 -F DIV. 5 WD 39 DES. BASIN MD Lot: 3 Block: Filing: Subdiv: DUTCH MAJOR EXEMPTION APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 NE 1/4 Section 5 Township 6 S Range 92 W Sixth P.M. DISTANCES FROM SECTION LINES 1563 Ft. from North 1314 Ft. from East Section Line Section Line (208) 989-6939 UTM COORDINATES (Meters,Zone:13,NAD83) CHANGE/EXPANSION OF USE OF AN EXISTING WELL Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used.in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2), on the condition that this well is operated in accordance with the West Divide Water Conservancy District Augmentation Plan approved by the Division 5 Water Court in case no. 02CW0123. If this well is not operated in accordance with the terms of said decree, it will be subject to administration including orders to cease diverting water. WDWCD contract #110421 CB(a) (amended). 4) Approved for an expansion of use, of an existing well, constructed on September 24, 2011, to a depth of 97 feet and with a pump being installed on November 22, 2011, under permit no. 75024-F (canceled). Issuance of this permit hereby cancels permit no. 75024-F. 5) The use of ground water from this well is limited to fire protection, ordinary household purposes inside two (2) single family dwellings. the irrigation of not more than 12,000 square feet of gardens and lawns, and the watering of twelve (12) head domestic animals. This well is known as C Bagley Well. 6) The pumping rate of this well shall not exceed 15 GPM. 7) The annual withdrawal of ground water from this well shall not exceed 1.69 acre-foot (550,787 gallons). 8) The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 10) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 11) This well shall be located not more than 200 feet from the location specified on this permit and at least 600 feet from any existing well, completed in the same aquifer, that is not owned by the applicant. NOTE: This well is to be located on a residential site of 12.723 acre(s) described as tot no. 3, and serving lot nos. 3 & 4, proposed Dutch Major Exemption, Garfield County. NOTE: Section 5 is an irregular "Tall" section, approximately 5700 feet North/South. NOTE: Parcel Identification Number (PIN): 23-2179-051-00-040 NOTE: Assessor Tax Schedule Number: R200338 (totaling 52.0 acres) APPROVED DMW (71///.„,../4 /9 State Engineer By 04-02-2012 EXPIRATION DATE Receipt No. 9503544 DATE ISSUED 44.44,1 1 ORDER OF THE STATE ENGINEER IN THE MATTER OF WELL PERMIT NO. 75024-F APPLICATION RECEIPT NO. 9503452 LOCATION: NE 1/4, NE 1/4, SECTION 5, TOWNSHIP 6 SOUTH, RANGE 92 WEST, 6th P.M., GARFIELD COUNTY (WDWCD CONTRACT' #110421 C13(a)) APPLICANT: CHARLES A BAG1..,EY THE STATE ENGINiEIR FINDS: The well permit was issued on May 2, 2011, with an expiration date of May 2, 2012. A well construction report was submitted on September 28, 2011, indicating that the well was constructed on September 24, 2011, to a depth of 97 feet, and a pump installation and test report was submitted January 30, 2012 showing that a pump was installed in the well on November 22, 2011, under permit no. 75024-F (WDWCD #110421 CB(a)). On April 2, 2012, the current well owner (Charles A Bagley) submitted an application to expand the use of the existing well, permit no. 75024-F. The new permit (permit no. 75924-F) allows for the change of use of the existing well (C Bagley Well) in accordance with the West Divide Water Conservancy District contract no. #110421 CB(a) (amended), approved February 16, 2012. The well permit is hereby canceled and is of no further force or effect. Dated April 2, 2012 Dicky Wolfe - State Engineer Dwight M. Whitehead Engineering Tech (Ground Water) cc: Division Applicant :dmwi075024-F existing well order to cancel: Bagley. Chalks A 04-02-12.dac Ray's Well Done Pump Service, LLC Ray Latham January 28, 2012 Attn: Kelly Caves RE: Well Test @ 1211 C.R. 229/Rifle On 12/6/2011, a well test was conducted on a well located at 1211 C.R. 229/Rifle. The following information was obtained: Approx. Well Depth (according to Well Permit # 93' Casing Size 6" steel X 4.5" pvc Standing Water Level 69.0 ft. Total Test Time 24 hours Draw Down (approx.) 70.2 ft. Production (at Intake) 15 GPM Test Pump 3/4 HP Remarks: The well is more than adequate for a single family dwelling. The well water level made a full recovery in two minutes. Please see attached report for water quality as required by Garfield County. If there are any questions regarding this well test, please contact me at 970-379-8017. Sincerely, �JCt( Ray Latham Ray's Well Done Pump Service, LLC 70-379-8017 elldone umDs • •mail.com ic. # 1419 P.O. Box 863 Rifle, CO 81650 970-379-8017 welldonepumps@gmail.com Lic. #1419 Jan 25 2012 12114 Aspen San. Laboratory 9709257278 p.1 STANDARD BACTERIOLOGICAL WATER TEST ASPEN CONSOLIDATED SANITATION DISTRICT 0400 SERVICE CENTER DRIVE ASPEN, COLORADO 81811 (970) 9264252, Ext. 109 '' tt PWS ID a Semple Location 1.10.,e1/ SAMPLE -AKEN' DATE/ iZ,A✓L TIME NAME 4 SUPPLY OF4.0 , LOe COUNTY tarw�fti(f SAMPLER .. PESICUAL/ ei M34. ) COMMUNITY 6U?PLY ( ) ROUTINE 016TRIB • ION SYSTEM SUPPLY I ) NON COMMUNITY ( CHECK SAMPLE ( ) PROCESS WATER I 1 OTHER PUBLIC ( RAW 4 ) GROUND ( ) SURFACE j(`RNATE ( ) PEDAL PURPOSE SAMPLE "NOTE: W ALL INFORMATION I8 NM SUPPLIED, THE SAMPLE WLL BE DISCARDED. REMARKS: l RETURN TO Katy f 4'/�.✓/4 rr1 e Y�j o See�'iC" ADDRESS AVS% ? c' 56 3 CITY-STATE # -1 /e r!s/est �t�/6 7 0 PHONE FAX G 2 �' O3 5'o - SEE INSTRUCTIONS ON BACK PAGE - SEE REVERSE FOR TIME LIMITATIONS, SAMPLING INSTRUCTIONS AND DEFINITIONS. OFF iazolo Analyst RESULTS UfFDI' E E FO EST"' MEMBRANE FILTER DIRECT COUNT: COLONIES ADJUSTED COUNY_ COLONIE$110GML. TOTAL COLIFORM: PRESENT FECAL COLIFORM. PRESENT MEDIA LTD 24 LTB 46 EGB MPN COLIFORMfIOOML PRESENCE OF COLIFORMS INDICATE NON- COMPLIANCE WITH MINIMUM DRINKING WATER STANDARDS. )(Compliance 0 Non-Ccmpeance 0 Invalid e -Hardcopy 2.0 Automated Report Mounf frt fa es LJ 1 u it,cs C{tiC: Uliient. LA d O RATOr4-i °E. i Technical Report for Ray's Well Done Pumps, LLC Bagley Land Split/Subdivision Accutest Job Number: D30005 Sampling Date: 12/06/11 Report to: Ray's Well Done Pumps, LLC PO Box 863 Rifle, CO 81650 welldonepumps@gmail.com ATTN: Ray Latham Total number of pages in report: of ACCORD S� (ela�\ Test results contained within this data package meet the requirements of the National Environmental Laboratory Accreditation Conference and/or state specific certification programs as applicable. Client Service contact: Shea Greiner 303-425-6021 //,Z Brad Madadian Laboratory Director Certifications: CO, II), NE, NM, ND (R-027) (PW) UT (NELAP C000049) This report shall not be reproduced, except in its entirety, without the written approval of Accutest Laboratories. Test results relate only to samples analyzed. Mountain States • 4036 Youngfield St. • Wheat Ridge, CO 80033-3862 • ld: 303-425-6021 • fax: 303-425-6854 • idtp://www.accutest.com �4 ') atones k 6i1 SQ�i. NLif d'if t0 ,.£I:ih; i/;IlE Cd0'. tno,LItl I[Enn, ro Itl� 4Jnauthori/cd tn( lificatiirn crf -llik.rcport r trictiv �n'itltihitcd. E3niLia=:. ^ Sections: Table of Como. Section 1: Sample Summary 3 Section 2: Sample Results —.-.----...-_.-.-----.-....-..~..-.^.~~,.^,---.,..-----'' 4 � ( Chain of Custody 8 ozpy 2of11 �ocu�s-r Accutest Laboratories Sample Summary Ray's Well Done Pumps, LLC Bagley Land Split/Subdivision Job No: D30005 Sample Collected Number Date Time By Matrix Received Code Type Client Sample ID D30005-1 12/06/11 10:05 RI. 12/07/11 DW Drinking Water BAGLEY WELL 1 3 of 11 ACCtJYEBT D30005 MOLT j nn Stat L F4 @ ©R A T.0 ti Sample Results Section 2 ®+' Report of Analysis 4 of 11 AcGLJT 9T D30005 Accutest Laboratories Report of Analysis Page 1 of 1 Client Sample ID: BAGLEY WF.1.1. Lab Sample ID: 1)30005-1 Date Sampled: 12/06/11 Matrix: DW - Drinking Water Date Received: 12/07/11 Percent Solids: n/a Project: Bagley Land Split/Subdivision Total Metals Analysis Analyte Result MCL RL Units DF Prep Analyzed By Method Prep Method Antimony 0.00085 0.0060 0.00080mg/1 2 12/08/11 12/08/11 GJ EPA 200.81 EPA 200.8 4 Arsenic <0.0016 0.010 0.0016 mg/1 2 12/08/11 12/08/11 GI EPA 200.8 1 EPA 200.8 4 Barium 0.021 2.0 0.0040 mg/I 2 12/08/11 12/08/11 GJ EPA 200.8 1 EPA 200.8 4 Beryllium < 0.00040 0.0040 0.00040 mg/1 2 12/08/11 12/08/11 GJ EPA 200.81 EPA 200.8 4 Cadmium < 0.00020 0.0050 0.00020 mg/1 2 12/08/11 12/08/11 GJ EPA 200.81 EPA 200.8 4 Chromium 0.0062 0.10 0.0040 mg/1 2 12/08/11 12/08/11 GJ EPA 200.8 1 EPA 200.8 4 Mercury <0.0010 0.0020 0.0010 mg/I 1 12/14/11 12/14/11 JB EPA 245.1 3 EPA 295.1 5 Nickel 0.0041 0.0040 mg/1 2 12/08/11 12/08/11 GJ EPA 200.8 1 EPA 200.8 4 Selenium 0.0060 0.050 0.00080mg/1 2 12/08/11 12/08/11 GJ EPA 200.8 1 EPA 200.8 4 Sodium 248 25 mg/1 50 12/08/11 12/09/11 GJ EPA 200.8 2 EPA 200.8 4 Thallium < 0.00040 0.0020 0.00040 mg/1 2 12/08/11 12/08/11 GJ EPA 200.8 1 EPA 200.8 4 Uranium 0.024 0.00040 mg/1 2 12/08/11 12/08/11 GJ EPA 200.8 1 EPA 200.8 4 (1) Instrument QC Batch: MA2036 (2) Instrument QC Batch: MA2038 (3) Instrument QC Batch: MA2049 (4) Prep QC Batch: MP6428 (5) Prep QC Batch: MP6465 RL = Reporting Limit MCL = Maximum Contamination Level (40 CFR 141) 5of11 030005 Accutest Laboratories Report of Analysis Page 1 of 1 Client Sample ID: Lab Sample ID: Matrix: Project: BAGLEY WEI,I, D30005-1 DW - Drinking Water Bagley Land Split/Subdivision Date Sampled: 12/06/11 Date Received: 12/07/11 Percent Solids: n/a General Chemistry Analyte Cyanide, Total Fluoride Nitrogen, Nitrate Sulfate Result MCL Units DF Analyzed By Method < 0.0050 0.20 mg/I 1 12/16/11 JK SM20 4500CN E 1.2 4.0 mg/I 1 12/14/11 Cl SM20 4500F C 0.91 10 mg/I 2 12/07/11 11:06 IML EPA 300 248 mg/1 10 12/07/11 11:21 ,1MI, EPA 300 MCL = Maximum Contamination Level (40 CFR 141) ®i;. 6 of 11 Mountain States LA 3ORAT-.i Misc. Forms Custody Documents and Other Forms Includes the following where applicable: • Chain of Custody 7 of 11 030005 11 1 Akccu-rEs-r; CHAIN OF CUSTODY Amager LAIRRY‘urice Al•uatala Sr... PAGE OF ,ntiORATORIES 4036 YouagReld Soma Whew Ridge, Co ISOM In .103 415 6011 077 737 4i3 i rcu-eR FRRIRR, 0 Seal•ad•r toned . r•-• FAX 503-4214021 :::;,,?t„ t''''',',, ' , ... :EL_ , ':".4c Accuam Oswo Atm.... 17 3000 ..,f .;:::':_!,141.y1Mit,44 ' e ,':+41W A.,..-mii%•.e'''',,r,C.17 ,,,,... r .4 .., 1'',i,±.'4 '3`r , ,,, :, i i I Dale RIVYIP5 Liz P".cif-xir3'-. .t'fc,' ,,,,1.. , it..rtn7.11766,7747,,,, ,47.71,-tAi." .4 Matrix Codas S ley Lind L. bctivision DW • Onnkec Wahl. Loikani Rcb. . 1 GW . Grtxrcl Wrier PAY - Wale, e- CD FA 650 Gb _ c,.v.811,,IIngtelorntallon ( If did moot front Roport to) SW • Sutra Wow SO -SA SI: gotta PaP"Tragom eullue Mar atr Illtrili t i F r rdi StestAddreco (/) 0 r0 SERSodrorr 01.. .0. g ip .31g-8017 47.15 -b5 -OD Sl) Mm) r... y Soar Lp en i E 40 Olhar Lipid sat• Otrer Saki Phone s Pay lal-harn Rd*. R000i/4 A.a.on POO 1--- c4 Z' WP -114p• FP•FWIcl Blank W --: IC 81- Equipment UN* Collettur Numbs, of re.* la CO d -Z-- - RS Rinse OW* IS -Trip Bkrik keuteel ,4, V.L. ID f Point of CORROOrl I f h1C-01101.110 Dar T.". ..I. P . •I t: .... ..b.. i'lY4aXi-Nr.. , 3 I “. . g j ___r_,) I •-c. lb t , s• -i t c_J Xr--(/) i ic.) i I LAJ3 USE ONLY • It i 0 i 1 % ii 1 i n --'i „ ..On. ' " f 12-64/ , Id, • " t---- .,. • ' 4••,?'0*-'11.,,'44.444v3.-,41..',Am; ----.444,41,4-.0 • ',V .45,1 ,-V.,..%ra *WP....,,, Z.'45.,',,,,,,,,-'' '-'1 Tastawarand Tin* u :1 ...-:.ra ': 1'..:.a .".° et,' a fit: ' .j.k- I Rusin.. day$ Ao•mwdify Wu... PIO 10.1e. Nrionl. 10 &alms. Day. .C.TZfin D Cornatorclol .A. (fowl 1) I:3 Sem Fawns 'Fr 0 St& , 944,o4.4 0.Y' (BY Conduct on!)___ ED Commerdel I 4.42) ll EOD Fonmt .Er ef ieeS1.- (A" 7,-; 0 SDay/i SH 0 3 Pay MERGER' I=1 Caaaar r dal ...Nwretin D PDF CI FUU.T1 ( Lord 314 / W /47.40 iaillik 6) 1:3 I Ow EIDISOSEM7 kyrife,4(101.1 o , Ow M1134094:1 Cummwca W - Resttlts Only Cum."ercoal tr"/ CFt e. " E‘4,17ZX',WriT;;'.V.d77tr 7,VI,A L,' ir . Results+ OC S.,,,,,,) I,- BA &iv T63 • GolOay Mal Oa dacurnanled Wove each Env swop!. - oriz,„ 11 change • confoolon, iricl • .. courkw day* -191,Re ,,....... 2 '"'122- 3 erlIcocl./44 IO. MYR* ..., . 4.....z.z:/-7 2 i 15 ' tO .......,....., 4 orowoolfr: ••......Day, 4 Custody ••da j • 63. woe, pew.* ......0*I• R Okw Oxier Tea. 0 .... 0 Eit, 2I D30005: Chain of Custod, Page 1 of 4 8 Of 1 I 030405 ACCLJTEST Accutest Laboratories Sample Receipt Summary Accutest Job Number: 030005 Client: RAY'S Date / Time Received: 12/7/2011 10:00:00 AM No. Coolers; Project: BAGLEY Cooler Security 1. Custody Seals Present: 2. Custody Seals Intact. Cooler Temperature 1. Temp criteria achieved: 2, Cooler temp verification: 3. Cooler media: Y or N ® ❑ WI 0 Quality Control Preservation 1. Trip Blank present / cooler 2. Trip Blank listed on COC: 3. Samples preserved properly: 4. VOCs headspace free: Comments occutestraboratories 0(303)4254021 3. COC Present: 4. SmplDates/Time OK Y or N © 0 Infaredgun Ice (bay) Y or N N/A ❑ 0 ❑ 0 t ❑ ❑ 0 Ii Y or N ® 0 ® 0 Immediate Client Services Action Required: No Client Service Action Required at Login: No AirbWA 's: FEDEX Sample Integrity - Documentatiolt 1. Sample labels present on bottles: 2. Container labeling complete: 3. Sample container label / COC agree: Sample Intearity- Condition 1. Sample recvd within HT: 2. All containers accounted for 3. Condition of sample: Sample Inteorit- In tructions 1. Analysis requested is clear 2. Bottles received for unspecified tests 3. Sufficient volume reed for analysis. 4. Composding instructions clear: 5. Filtering instructions clear: 4036 Yourgf N Street F: (303) 425-6554 Y or N ® 0 (J ❑ IJ ❑ Y or N O ❑ 0 Intact Y or N N/A ❑ o E2 O 0 ❑ ❑ ❑ 0 Wheat Ridge, CO www/accutest.eom D30005: Chain of Custody Page 2 of 4 9 of 11 03005 ® I ACCUTEST Client information CHAIN OF CUSTODY 4036 Youagfield St, Wheat Ridge, CO 80033 303-425-6021 FAX: 303425-6854 Atxutest Jobe: D3000SX Accuteet Oucta s: 0 AMS Name II Accutest Mountaih States (AMS) Address Subcontract Laboratory knormatlon Name 4036 YoungtIeld ". Ctty Stat. Bp Wheat Ridge,_ I CO 80033 Send Report tot I Tiffany Pham My questions contact: Shea Greiner Melrose City Phone/Fes a: (303) 435-6021; (3031425-0854 Field ID / Point of l..ollection D30005X -1 Contact: Phone: Collection Industrial Lab 4046 Youngfiekl SL State Op Wheat Ridge CO 80033 Sample Management (303) 287-9691 Date 12/6/11 Tyne 10:05 AM Matrix 0W a of bales 1 preservation d 6 i 0 3 x Project No.: Ana tical kllonnation .1 Ttmtarotlnd Information ©lo Business Day Stenb.rd ❑ Other (Days) Approved By: /0 Day Turnaround Hardcopy, RUSH is FAX Data unless prevlcuely approved. Data Deriverebte Intonation ❑ Commercial •A• ❑ CemmereMt •e• ❑ Commercial •BN• ❑ Reduced Tier/ ❑ Full Vert Comments Remarks OPDF 0 Compact Disk Deliverable OElectronic Delivery: OState Fame 0 Other (Specify) In Sample Custody must be documented below each time samples charge possession, ctutl HNMesaaM by: Datea Tim.: -Bm4 courier delivery. 1 .�ervaa Ry: 1 H.ttnyuah.d by: 2 H.iindeahnd by: 3 tt.b8 rant bate8 rime: aA.e.m 14,2 it.o.wed By: 3 f3r. .ie aTh.., et.a Time: Please use Co orado regulations and Rls. i3er 1: For Subcontract Leborartory Use Only IYe. 0 Ne ❑ NA ❑ reserved where spy cable: 0 Temperature •C Un tee 0 1)30005; (: train of Custody Page 3 of 4 10 of 11 4CCL)mE E 030005 _ .:.... r I I aq E m Ra 3 H C y0C C o a: 9 ;a c u c „4; O tj V O O -a.' d 7 " 00 4 = 00 fi >- = ..o u m c.� c Q Tr a d F Q 111207010-OIA D30005: Chain of Custody Page 4 of 4 11 Of 11 CCIJTEE5T 034005 Ray's Well Done Pump Service, LLC Ray Latham April 24, 2012 Attn: Kelly Caves RE: Well Test @ 6011 C.R. 233/Silt (George Bagley well) Permit # 1172-A On 4/22/2012, a 24 hour well test was following information was obtained: Approx. Well Depth (according conducted on a well located at 6044 C.R. 233/Silt. The to Well Permit #1172-A) 120' 7" steel X 4.0" pvc 13.6 ft. 24 hours 61.1 ft. 3 GPM 1/2 HP Casing Size Standing Water Level Total Test Time Draw Down (approx.) Production (at Intake) Test Pump Remarks: The well is adequate for a single family dwelling with cistern storage. The well water level recovered to 14.3 ft. in a 24 hour time frame. Water quality report is currently being processed by Accutest Labs. A full report will be provided as soon as available. If there are any questions regarding this well test, please contact me at 970-379- 8017. Sincerely, Ray Latham Ray's Well Done Pump Service, LLC 970-379-8017 Lic. # 1419 P.O. Box 863 Rifle, CO 81650 970-379-8017 welldonepumps@gmail.com Lic. #1419 Form C(Rev.) -1-58/2.5M Applicant P.O. Address Quantity applied for STATE OF COLORADO APPLICATION FOR�USE OF GROUND WATER Used for 1 on/at nl or AF Storage fl �P r ' & (1e— gaT description of land site. ) Purposes F;STIMATE I iIATA OF WE Bole size,;::;4, n. to in. to Casing: Plain c, %n. from / to ft. in. from to ft. Perf.in. from to fft. in. from oft ft. 3j County Rge. M 11W.E 0 MAY 131958 GROUND WATER SECT. T1OATION OF WELLCOLORADO %f �'' STATE ENGINEER /1/t u, Sect. r , Twp. 4 5 P.M- OR 3 IA, 4E.s N.P. ,ti.-rC Cot -o. Street Address or Lot & B1bck No. (-Type, Plarsepower, Discharge size. Usc initiation date XVI?, g x ..1-9.5'7- . (Use 9.E - .(Use Supplemental pages for additioial da) THIS APPLICATION APPROVED NO. 1.112. . DATE /+,4 , 19_1 • W Town or Subdivision l.67 --- E S $25. 00 fee required for industrial, Commercial or Irrigation uses. Applicant : ^ . ' A ej Agent /1j), • E S $25. 00 fee required for industrial, Commercial or Irrigation uses. Applicant : ^ . ' A ej Agent /1j), Forrn No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 GEORGE E BAGLEY 6044 COUNTY ROAD 233 SILT, CO 81652- EXST WELL PERMIT NUMBER 76688 -F DIV. 5 WD 39 DES. BASIN MD Lot: 1 Block: Filing: (970) 309-8349 CHANGE/EXPANSION OF USE OF AN EXISTING WELL Subdiv: DUTCH MAJOR EXEMPTION APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 NE 1/4 Section 5 Township 6 S Range 92 W Sixth P.M. DISTANCES FROM SECTION LINES 123 Ft. from North 900 Ft. from East Section Line Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2), on the condition that this well is operated in accordance with the West Divide Water Conservancy District Augmentation Plan approved by the Division 5 Water Court in case no. 02CW0123. If this well is not operated in accordance with the terms of said decree, it will be subject to administration including orders to cease diverting water. WDWCD contract #120816GB(a). 4) Approved for an expansion of use of, an existing well, constructed on July 21, 1972 to a depth of 62 feet, and with a pump being installed July 21, 1972, all under permit no. 47466 (canceled). Issuance of this permit hereby cancels permit no. 47466. 5) The use of ground water from this well is limited to ordinary household purposes inside two (2) single family dwellings, the irrigation of not more than 12,000 square feet of gardens and lawns, and the watering of five (5) domestic animals. This well is known as GE Bagley Well (aka Lot no. 1, Domestic Well). 6) The pumping rate of this well shall not exceed 15 GPM. 7) The average annual amount of ground water to be appropriated shall not exceed 1.49 acre-foot (485,516 gallons). 8) The owner shall mark the well in a conspicuous place with the well permit number and name of aquifer as appropriate, and shall take necessary means and precautions to preserve these markings. 9) This well shall be located not more than 200 feet from the location specified on this permit. 10) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. NOTE: This well is to be located on a residential site of 20.51 acre(s) described as lot 1, Dutch Major Exemption, Garfield County. NOTE: Section 5 is an irregular "Tall" section, approximately 5700 feet North/South. NOTE: Parcel Identification Number (PIN): 23-2179-051-00-040 % ?v NOTE: Assessor Tax Schedule Number: R200338 (totaling 52.0 acres) 9,7:7,/n/z APPROVED DMW State Engineer By \Receipt No. 9503616 DATE ISSUED 09-11-2012 EXPIRATION DATE it WEST DIVIDE WATER CONSERVANCY DISTRIC T WATER CONSERVANCY DISTRICT 818 Taughenbaugh Blvd., Suite 101 P.O. Box 1478 Rifle, Colorado 81650-1478 Tel: (970) 625-5461 Fax: (970) 625-2796 Web: www.wdwcd.org Email: water@wdwcd.org August 16, 2012 Mr. George E. Bagley 6044 County Road 233 Silt, CO 81652 Dear Mr. Bagley Enclosed is approved contract # 120816GB(a). Please read the contract carefully if you have not already done so, but please especially note paragraph 2 concerning availability of water. West Divide obtains its augmentation water from a number of sources and operates its water supply program pursuant to a Temporary Substitute Supply Plan (TSSP) approved annually by the State Engineer's Office. TSSPs are common for water conservancy districts and West Divide has operated pursuant to a TSSP for several years with no significant reliability issues. Federal policy relating to endangered species, environmental concerns, and forces of nature are always such that no source of water can be guaranteed during any season or from year to year. Further, the State Engineer's Office periodically reviews the geographic area served by West Divide and has recently made a decision to reduce West Divide's Area A Service Area. While your structure is currently located within the West Divide Area A Service Area, the Division Engineer's Office could make another adjustment to the Service Area in the future and your structure could fall outside the Service Area and be subject to curtailment by the State Engineer's Office. West Divide continues to make good -faith efforts to obtain alternative long-term supplies in an effort to make reliable and predictable the water supply anticipated by your contract with us. West Divide also continues to make good -faith efforts to maintain its existing TSSP and keep its Area A Service Area intact. For most years, we expect to be successful in these efforts. This water allotment contract may require you to obtain a well permit from the State Engineer's office. Once your well is drilled you are required to install a measuring device and submit a meter reading to West Divide, upon request. Non-compliance with measuring and reporting requirements are grounds for cancellation of your water allotment contract with West Divide. This could result in action by the State Engineer which could prevent your further use of your well. Sincerely yours, aNut )(I) ca oc.K t Maddock Enclosure cc Division No. 5 Water Resources w/enclosure Kerry D. Sundeen, Hydrologist w/enclosure Samuel B. Potter, President Kelly Couey, Vice President Robert J. Zanella, S ecretary Bruce E. Wampler, Treasurer Dan R. Harrison, Director This meter head has one dead zero So it reads 10, 20, 30 etc. Each Sweep of the hand is ten gallons. Remote reads every 100 gallons. The first two zeros don't move, - They are considered dead. 1 H ►s E, tJg (S O1JE_ THausAa.)_D GA��•IS The head reads every ten gallons While the dial reads it to the flow Of zero to ten gallons. i/Jc-ic,P H A)4D SND -THS. o Do 4 E-rE&. 5 00035790) This reading is thirty five thousand seven hundred ninety gallons. Specification Sheet Description Operation. The C700 is an oscillating piston style, positive dis- placement water meter. The product utilizes a piston that water use rotates in a measuring chamber, each piston revolution being equivalent to a known volume of water. The piston move- ment is transferred by a magnetic drive to a straight reading sealed register which contains the appropriate reduction gearing. Compliance to Standards. The C700 fully complies with American Water Works Association Standard C700, latest revi- sion, and is Califomia Department of Weights and Measures approved. C700 low -lead bronze models are NSF -61 certified and comply with California Proposition 65. Installation. The meter must be installed in a clean pipeline, free from any foreign materials. Install the meter with direction of flow as indicated by the arrow cast in the meter case. The meter may be installed in horizontal, vertical or inclined lines. Application. The meter is for use only with POTABLE COLD WATER up to 120°F (50°C) and working pressures up to 150 psi. The meter wit register between 98.5% and 101.5% at nor- mal and high flows and between 97% and 101% at the AWWA specified low flow. Accuracy tests are made before shipment, so no adjustments need to be made before installation. Construction. The meter consists of a straight through -flow main case, dual inlet measuring chamber, vertically grooved oscillating piston, high capacity strainer, removable bottom plate, full rubber liner, body bolts with integral washers and a magneti- cally driven register. The main case is cast in waterworks or low -lead bronze with raised characters designating model, size and direction of flow. A choice of polymer, cast iron, waterworks or low -lead bronze bottom plate is available. The 2 -piece snap - fit measuring chamber is of a top and bottom inlet, side output design and features a unique self -flushing sediment well. Printed on recycled paper C700 Positive Displacement Meter Waterworks or Low -Lead Bronze, Magnetic Drive, External Threaded Spuds Size: 3/4" x 3/4", 3/4" x 3/4"S & 3/4" x 1" Specifications Sizes: 3/4" x 3/4" 95%101% Pool- GPM 1/4 97%-101% Pmuracy GPM 12 98.5%-101.5% Aooracy GPM 2-3) Continuous Flow GPM 15 Maximum Flow GPM 30 Operating Pressure psi 150 Operating Temperature °F 120 Sweep Hand Registers: US Gallons Cubic Feet Cubic Meters (Canada) Cubic Meters (Intl.) 3/4" x 3/4"S 1/4 12 2-30 15 30 150 120 10 10 1 1 1/10 1/10 1/100 1/100 Capacity of Register (millions)_: US Gallons 10 Cubic Feet 1 Cubic Meters (Canada) 1/10 Cubic Meters (Intl.) 1/10 Register Type: Materials: Main Case Bottom Plate Options Bottom Gasket -Liner Body Bolts Measuring Chamber Division Plate Piston Thrust Bearing Insert Driving Bar Strainer Register Can Register Lens Register Housing and Lid 10 1 1/10 1/10 3/4" x 1" 1/4 12 2-30 15 30 150 120 Permanently sealed direct reading 10 1/10 1/100 10 1/10 1/10 Standard waterworks or optional low - lead Bronze Waterworks or low -lead Bronze, Cast Iron or Polymer Nitrile Stainless Steel Compounded Polymer Loaded Nylon High Impact Polymer Loaded Nylon Loaded Nylon Polypropylene 90% Copper Alloy Tempered Glass Polymer or Bronze Represented By DODSON ENGINEERED PRODUCTS, INC. 0033 Marand Rd. P.O. Box 248 A_MCO GLENWOOD SPRINGS, COLO. 81602 (970) 945-2233 Types of Meters Positive Displacement (disc, piston) are well suited to residential and other applications where lower flow rates can be expected. Turbine or current type meters are specified where low flow is of little concern and where higher volumes of water are used. Measuring well output or as master supply meter are typical uses. Sand and sediment have little effect on turbines which is important to consider if metering unfiltered raw water containing any sediment. They have a higher capacity than a PD meter of the same size. For accuracy, turbines need to be installed horizontally with straight pipe equal to at least 5 times the pipe diameter before the meter and 2 times the diameter after the meter. Compound meters are two meters in one. Usually a combination of positive displacement and current type meters from a design standpoint and satisfy a need for accuracy for very low flows as well as high flows. They are also the most expensive of the three. • REM THIS BEFORE YOU ORDER ' ;' Meier Installation Guide + • it • Threaded Meters (THRD) 5/4 - 1" To Install a threaded meter, you will need a meter setter, with me nuts OR 2 meter couplings (below) which are supplied with NPT thread. Meter thread cannot be connected directly to NPT fittings METERING & FLOW �11111V11tt�i"#�a u MCDONALD SERIES# 4620 4620 4620 METER SIZE 5/6 X '/2 3/4; 5/8 x 3/4 1 TAIL PIECE THREAD '/2" NPT 3/4" NPT 1" NPT Multijet Meters X-- • Better design for turbid conditions • Flow measurement capability with remote output option If your positive displacement meters are prone to getting clogged with small particles, multijet meters may offer a solution to your problem. Multijets share some characteristics with turbines in Straight Meter Installation Couplings Swivel nut x NPT thread. Nut is drilled for wire seal. Tail piece ribbed for easy grip. Rubber washer included. Order two meter couplings for each meter to be installed. STOCK # EACH QTY 12+ 48814 48816 48818 S2.14 3.97 6.34 S3.38 4.02 5.73 that their rotors will allow small particles like sand to pass. They will function better than positive displacement meters in sandy or coastal areas or where line breaks occasionally allow debris to enter the line. Bronze bodies are equipped with frost plugs. These meters meet or exceed all sections of AWWA Standard C-708. Rotors are equipped with sapphire bearings for long life. Magnetic drive provides linkage between measurement element and register so that no part of the gear train is exposed to water, and a built-in 360° strainer protects the measurement element. Note that a short version of the 3/4 size is offered that will fit in 5/8 x 3/4setters but will provide the capacity of a full 3/4 meter. The remote read units utilize a switch contact instead of generating a low voltage pulse to actuate the remote. Unlike meters with pulse remote outputs, the counter's unit of measurement corresponds to that on the meter head (10 gal increments through 1" and 100 gal. increments for 11/2" and 2" meters). The environmentally sealed remote contains a lithium battery that is capable of 10 to 15 years of operation and can be mounted up to 500' from the meter. Counters listed here are non -reset. Resettable counters are available and are listed separately in this section with meters equipped with 1 -contact per gallon registers used for flow measurement and batching as well as totalizing. NEW METERS SIZE 5/8 X'/2 5/8 X 3/4 3/4 (SL) 3/4 (REGULAR) 1'/3 FLG LAYING LENGTH 7'/2" 7'/2" 7'12" 9" 103/4" 13" DIRECT READ I GALLONS STOCK # 67854 67857 67861 67859 67862 67864 DIRECT READ CUBIC FEET STOCK # EACH 67855 67856 67858 67860 67863 67865 S 40.69 40.69 60.58 74.14 104.89 253.18 New Neptune 7-10 Positive Displacement -X- Meters The remote read unit for 5/8"through 1" meters registers 100 gallons (or 10 cu. ft.) for each pulse received from the meter. For 1'/2" and 2" meters, each pulse registers 1,000 gallons (or 100 cu. ft.) DIRECT READ - GALLONS WITH REMOTE READ• END/ SIZE #BOLTS STOCK # EACH QTY 10+ STOCK # EACH OTY 10+ 5/8 X'/2 THRD 69118 S 38.79 S 36.85 69060 S 75.27 S 71.50 5/4 X 3/4 THRD 69119 38.79 36.85 69061 75.27 71.50 3/4 THRD 69120 76.79 72.95 69062 118.04 112.14 1 THRD 69121 119.58 113.60 69063 164.92 156.67 1'/2 FU2 69122 285.73 271.45 69064 351.89 334.30 2 FU2 69123 420.76 399.72 69065 504.01 478.81 DIRECT READ - GALLONS WITH REMOTE READ' END/ SIZE #BOLTS STOCK # EACH QTY 10+ STOCK # EACH QTY 10+ 5/8 X '/2 THRD 69072 $ 31.03 5 29.48 69066 S 67.91 5 71.50 5/4 X 3/4 THRD 69073 31.03 36.85 69067 67.91 71.50 2/4 THRD 69074 76.79 72.95 69068 101.24 112.14 1 THRD 69075 119.58 113.60 69069 137,28 156.67 11/2 FU2 69076 285.73 271.45 69070 309.92 334.30 2 FL/2 69077 420.76 399.72 69071 436.46 471.68 'connecting wire not included 2" Turbine New Neptune Turbine Meters DIRECT READ GALLONS SIZE OVERALL STOCK # EACH 2" 3" 4" 6" 8" 10" 12" 14" 18" 20" 69125 69078 69079 69080 69081 S 443.04 624.00 1,163.27 2,216.24 3,328.00 WITH REMOTE READ' STOCK # EACH 69105 69106 69107 69108 69109 S 528.91 664.96 1,206.19 2,267.23 3,411.20 ,2". 3"& 4" meters pulse every 10,000 gallons; 6" and 8' pulse every 100,000 gallons_ SIZE OVERALL STOCK # EACH DIRECT READ CUBIC FEET WITH REMOTE READ• STOCK# EACH 2" 10" 69083 5 443.04 69112 QTY 10+528.91 4" 3" 12" 69084 624.00 69113 S 664.96 6" 14" 69085 1,095.12 69114 1,206.19 18" 69086 2,218.32 69115 2,267.00 8" 20" 69087 3,328.08 69116 3,411.20 1 '2" 3" & 4" meters pulse every 1,000 cubic feet; 6" and 8" pulse every 10,000 cubic feel. S 38.61 38.61 57.49 70.36 99.53 2411 24 APPLICATION TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT 818 Taughenbaugh Blvd. #101, P. 0. Box 1478, Rifle, Colorado 81650 1. APPLICANT INFORMATION Name: George E. Bagley Mailing address: 6044 County Road 233 " Silt, CO 81652 Contract #120816GB(a) Map #653 Date Activated: 8/16/12 Telephone: 970-3098349 Authorized agent: (Kathy Bagley) Email: kbagley73@gmail.com 2. COURT CASE #s: Decree Case No. Augmentation Plan Case No. 3. USE OF WATER RESIDENTIAL Number of main residences: 2 No. ADU's Subdivision: No. constructed units: No. vacant lots Home garden/lawn irrigation of 12000 total sq. ft. Method of irrigation: flood sprinkler x other Non-commercial animal watering of 5 animals Fire Protection Evaporation: Maximum water surface to be exposed: Description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: Well Shaming Agreement for multiple owner wells must he submitted. If greater than two owners, application nuts! he made under n homeowners association. COMMERCIAL Number of units: Description of use: Total sq. ft. of commercial units: INDUSTRIAL Description of use: Evaporation: Maximum water surface to be exposed: Description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: DIRECT PUMPING Tributary: Location: 4. SOURCE OF WATER Structure: Well Structure Name: G E Bagley Well Source: surface storage_ ground water X Current Permit # 47466 (attach copy) 5. LOCATION OF STRUCTURE Garfield NE1/4 County Quarter/quarter 5 6S Section Township Distance of well from section lines: 92W Range NE1/4 Quarter 6th P. M. Elevation: 6000 Well location address: 6044 County Road 233, Silt (Attach additional pages for multiple structures) 6. LAND ON WHICH WATER WILL BE USED (Legal description may be provided as an attachment.) Approximately 20.5 acres of Lot 1, S5, T6S, R92 W Number of acres in tract: 20.5 Inclusion into the District, at Applicants e.rpense, mai be required. 7. TYPE OF SEWAGE SYSTEM Septic tank/absorption leach field X Central System Other District name: 8. VOLUME OF LEASED WATER NEEDED IN ACRE FEET: One (minimum of 1 acre foot except augmentation from Alsbury Reservoir where a lesser amount is allowed) Provide engineering data to support volume of water requested. Commercial, municipal, and industrial users must provide diversion and consumptive data on 0 monthly basis. .1 totalizing flow meter with remote readout is required to be installed and usage reported to Nest Divide. Applicant evpressir acknowledges it has had the opportunity to review the District's form Nater .Allotment Contract and agrees this application is made pursuant and .subject 10 the terns and conditions contained thereit Applicant Signature Application Date: r' - t - ISSUED AS AREA B CONTRACT YES X NO Printed portions of this form, except differentiated additions or deletions, have been approved and adopted by the West Divide Water Conservancy District. Form : WDWCD 2009 APPLICATION WATER USE ESTIMATES COLORADO RIVER SERVICE AREA WEST DIVIDE WATER CONSERVANCY DISTRICT 0.73 acre feet Contract Amount w/ 5% Transit Loss = George E. Bagley APPLICANT O O O O O N r tO W u1R ▪ Y F'wwOU) Ea 02 w 0 U Z O " w Z w <>0 w p a O w HU O w Q z O ▪ w • O 0 Transit Loss= 5.0% N Total Contract Amount (AF) 0 V (O N .---,-.-o.-,m ) a0O cOLo- - 0000r -.-0000 O O o 0 0 0 0 0 0 0 0 0 (,() Ln 4 2 r O c1 M N 0) M V r o M O O O O O r c' - 0 0 0 0( Lo co (f) I- r Lo o V' 'V' d) co (f) I-0I-aOWN.1-0(00) r- h- 0 0 0 0 N N N r 0 0 0 6000000000000 r-- 0 O) 0 N - 0 t.() 0• L� O HU -6666606666006 C (d .0 LIT p a)Q 1-> Livestock Diversion & C.U. (AF) O r r 0 O O o 0 0 0 0 0 0 0 0 0000000000000 000,aONcOON-NOON 00000,-‘--,-0000L0 6666666666066 0 0 0 .- 0 d' (0 N 0) N O O 0 0 0 0 0 0 0( 6666666666660 0000000000010 0000000000000 6666006666666 0000000000000 0 0 0 0 0 O O O 0 0 0 0 6666666666066 r r r r r r 000000000000,- 6666666666606 00000000000r o000000000000 N- (0 N- (O r- (O N- r- (O r- (O f- 000000000000r- 6606660666660 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O (0 0 1O O O N - 00 I- o Irrigation C.U. (AF) Irrigation Diversion (AF) Commercial C.U. (AF) Commercial Diversion (AF) In House C.U. (AF) In House Diversion (AF) Unit Value: Irrigation C.U. (ft) 0.039 0.291 0.421 0.454 0.356 0.253 0.065 a) OO (0 - V co N •1 Unit Value: Irrigation Diversion (ft) 0.049 0.364 0.526 0.568 0.445 0.316 0.081 J Z00ct�!ZJU( O_H>0< <wQ W < w0O W H- -,wgQ2-)-)‹wOzo0 W 0 O N c a T p u) O ._ _7 EQ a 4_15 FF, w c, 100 0 0)- N O 0 > 0 -0U0 Is: -0 N +om R0-3 Q a .O v 0 N 20a'cc iavQi m O a) 0 0 0 Q) •c •c a O O a c O + N C4. O'0NO0N U (4 m.76.----.t.:O,O -0-00)cmm n c c ..u -1,5831 n rn (0 0 U O O O c, O a) + „,, Et c c o c c c (Op 0 EEEEE 0.0C CD_ O 0 ,> 0 0 0 0 0U.1UUU .CL ..... 00 mP V a EE w >,0 E o E 1-131-6 U a) O) i3 Ya°a)>-v> 0 O U 0 (n ..p5.--5... O (n O W U O ▪ C a) O a >,E,-,2,--,2 0 0 U a) N O N (fin voj a) a >,7 a7 m 0 O 0)(O O CO O N 0 o -- co °-EaE '00 O)U O c O 0 o a, 0( O o t N COO m LO LO 2 N �2 0 ,.N RCt LriO 'O O 3 O Q 2008 Colorado River Water Use Estimates.xls Name of Applicant: Contract #120816GB(a) Map #653 Date Activated: 8/16/1; WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT Quantity of Water in Acre Feet: Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, Section 37-45-101, et seq., (hereinafter referred to as the "District") for an allotment contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this Contract and the attached Application, Applicant hereby agrees to the following terms and conditions: 1. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources. 2. Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this Contract. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this Contract shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: industrial, municipal, domestic and related uses, or commercial (except for commercial use from Alsbury Reservoir and except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07-70-W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, Green Mountain Reservoir, Alsbury Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release or delivery of water at such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green 1 Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of the Applicants allocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. Water service provided by the District for properties located within the Bluestone and Silt Water Conservancy Districts is provided pursuant to Agreements with said Districts. The Intergovernmental Agreement between the District and the Silt Water Conservancy District, dated January 25, 2001, is recorded as Reception No. 575691, Garfield County Clerk and Recorder's Office. The Intergovernmental Memorandum of Understanding between the District and the Bluestone Water Conservancy District, dated April 26, 2001, is recorded as Reception No. 584840, Garfield County Clerk and Recorder's Office. 5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicants facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicants intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this Contract. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 19 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract Payment: Non-refundable, one time administrative charge, in the amount determined by the Board of Directors of the District from time to time, shall be submitted with the application for consideration by the District. 2 Annual payment for the water service described herein shall be determined by the Board of Directors of the District. The initial annual payment shall be made in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail, return receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this Contract or Application. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within fifteen (15) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or interest under this Contract without further notice, and delivery may be immediately curtailed. The allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this water allotment Contract with the District, the District shall notify the Division of Water Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use. 7. Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment: This Contract shall not inure to the benefit of the heirs, successors or assigns of Applicant, without the prior written consent of the District's Board of Directors. Any assignment of Applicant's rights under this Contract shall be subject to, and must comply with, such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and filing of proper forms for assignment and change of ownership. In the event the water allotted pursuant to this Contract is to be used for the benefit of land which is now or will subsequently be subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunder to: 1) No more than three separate owners all of whom shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association, water district, water and sanitation district or other special district properly organized and existing under the laws of the State of Colorado, and then, only if such parties, association or special district establishes to the satisfaction of the District that it has the ability and authority to perform the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract have any rights hereunder, except as such rights may exist pursuant to a well sharing agreement or through a homeowners association or special district as provided above. Upon the sale of the real property to which this Contract pertains, Applicant shall make buyer aware of this Contract and proper forms for assignment and change of ownership must be completed. 3 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. 10. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the board of Directors of the District, if and when, the Board of said District determines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. 11. Change of Use: The District reserves the exclusive right to review, re -approve or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this Contract is executed, or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict actual diversions to not exceed the contract amount for ordinary household purposes, the watering of domestic livestock, fire protection, and the irrigation of lawn and garden as specified in the Application. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering, provided that in no event shall actual diversions exceed the amount of water provided by this Contract. Violation of this paragraph 15 shall be deemed to be a material breach of this Contract. 16. Well Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. 17. Measuring Device or Meter: Applicant agrees to provide, at its own expense, a measuring device deemed acceptable by the District's Engineer after consultation, or a totalizing flow meter with remote readout to continuously and accurately measure at all times all 4 water diverted pursuant to the terms of Applicant's water right and the terms of this Contract. Applicant agrees to provide accurate readings from such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours for the purposes of determining Applicant's actual use of water. 18. Representations: By executing this Contract, Applicant agrees that it is not relying on any legal or engineering advice that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained all necessary legal and engineering advice from Applicant's own sources other than the District. Applicant further acknowledges that the District makes no guarantees, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this Contract. Should the District be unable to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 19. Costs of Water Court Filing and Augmentation Plan: Should the District, in its own discretion, choose to include Applicant's Contract herein in a water court fling for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceedings. Applicant shall be assessed a pro -rata share of the total cost incurred by the District in preparing, filing and pursuing to decree the water court case. The pro -rata share shall be calculated by dividing such total cost by the number of contractees included in the filing. To the extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicant's Contract in the filing, such additional costs may be charged specifically to Applicant and not shared on a pro -rata basis by all contractees. 20. Binding Agreement: This agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. All correspondence from the District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terms and conditions of this agreement. 21. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. 22. AREA B. CONTRACTS: IF APPLICANT'S WELL OR OTHER WATER RIGHT THAT IS THE SUBJECT OF THIS CONTRACT IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT, THEN THIS PARAGRAPH APPLIES: THE AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANT"S WATER RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER 5 SENIOR RIGHT. NO REPRESENTATION OTHERWISE IS MADE BY THE DISTRICT. IF THIS ISA CONCERN TO APPLICANT, THIS CONTRACT MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT WITHIN THE NEXT 30 DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT IN WHICH EVENT ALL SUMS PAID BY APPLICANT FOR THIS CONTRACT SHALL BE IMMEDIATELY REFUNDED TO APPLICANT. STATE OF Q 14.1 r0.k 1 ) ) ss. COUNTY OF C r- (t ) The foregoing instrument was acknowledged before me STATE OF COUNTY OF The foregoing instrument was on this �o Applicant Witness my hand and official seal. My commission exp ) ss. acknowledged before me on this day of . Witness my hand and official seal. My commission expires: , 20 , by Notary Public ORDER After a hearing by the Board of Directors of the West Divide Water Conservancy District on the Application, it is hereby ORDERED that said Application be granted and this Contract shall be and is accepted by the District. WEST DIVIDE WATER CONSERVANCY DISTRICT By President Date This Contract includes and is subject to the terms and conditions of the following documents which must accompany this Contract: L Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed The printed portions of this form, except differentiated additions or deletions, have been approved and adopted by the West Divide Water Conservancy District. Form: WDWCD 01-01-08 CONTRACT. 6 250.00 20.00 55.00 66.65 West Divide Water Conservancy District -General Stored Water 818 Taughenbaugh Blvd. #101 P. O. Box 203 (970) 625-5461 Rifle, CO 81650 water@wdwed.org BILL TO George E. Bagley 6044 county Road 233 Silt, CO 81652 DATE INVOICE 8/6/2012 4807 Please reference the Invoice # on your check. CONTRACT # 120816GEB(a) DESCRIPTION ACRE FEET 1 Contract Administration Fee Recording Fee Colorado River Augmentation Plan Assessment Augmentation Water Contract West Divide Water Conservancy District P.O. Box 1478 Rifle, CO 81650-1478 Due Upon Receipt. RATE IDENTIFICATION out/domestic QTY —�Z 1 1 On any shared well non-payment of any portion of the fees due deems the whole contract cancelled. RATE Total AMOUNT 250.00 20.00 55.00 66.65 $391.65 COLORADO DIVISION OF WATER RESOURCES DEPARTM ENT OF NATURAL RESOURCES 1313 SHERMAN ST., Ste 821, DENVER, CO 80203 Main: (303) ;366-3581 Fax: (303) 866-2223 dwr ermitsonline • state.co.us RESIDENTIAL Note: Also use this form to apply for livestock watering Water Well Permit Application Review form instructions prior to completing form. Hand completed forms must be completed in black or blue ink or typed. 1. Applicant Information Name(s) 4 mR6E F. �y __. n address .. _._ Mailing addr o.- X33 Rd City -- -- .- State ._ Zp i code -- �.. Telephone #LE-mail online filing it is red) • • • 2. Type Of Applica ❑ Construct new well El Replace existing well g Use existing well Chane or increase use 3Refer To (if applicable) Well ion (check 1171 '74141, , Designated Basin Determination # applicable boxes) ❑ Change source (aquifer) ❑ Reapplication (expired permit) ❑ Rooftop precip. collection 0 Other. Water Court case # Well name or # 4. Location Of Proposed Well Im ortant! See Instructions County • a 11_____=_,-}- olF%i'iL/ r4ofthe Section I Township N or S -'�-Range E or W 5 i .f r lqj o p Distance of well from section lines (section lines are typically not property lines) ..a Ft from • N O S 10 0 Ft from E FA W For replacement wells only- distance and direction from old well to new well 7 feet Direction ell location address (Include City, State, Zip) Check if well address is same as in Item 1. Principal Meridian 1/4 Optional: GPS well location information in UTM format. GPS unit settings are as follows; Format must be UTM I—Zone 12 or i- Zone 13 Easting:_ Units must be Meters Datum must be NAD83 i Northing: Unit must be set to true north Was GPS unit checked for above? 0 YES Remember to set Datum to NAD83 5. Parcel On Which Well Will Be Located (You must attach a current deed for the subject parcel) A. You must check and complete one of the following: 0 Subdivision: Name Lot - Block Filing/Unit yCounty exemption (attach copy of county approval & survey) Name/# 0/4, --/-C h Mc,e o Lot # / O Parcel less than 35 acres, not in a subdivision attach a deed with metes & bounds description recorded prior to June 1, 1972, and current deed O Mining claim (attach copy of deed or survey) Name/#: O Square 40 acre parcel as described in Item 4 0 Parcel of 35 or more acres (attach metes & bounds description or survey) 0 Other: (attach metes & bounds description or survey) B. 5 of acres in parcel C. Are you the owner of this parcel? Q YES n NO D. Will this be the only well on this parcel? ,TYES :J NO (if no - list other wells) E. State Parcel ID# motional): ✓ - 2J '79-o 0- ©q- Offfi��ice Use Only b E SEP 07 '12 NATER RESOURCE. TATE ENGINEER I •r•• Form GWS 44 (11/2011) 6. Use Of WeII (check applicable boxes) See instructions to determine use(s) for which you may qualify 0 A. Ordinary household use in one single-family dwelling (no outside use) B. Ordinary household use in 1 to 3 single-family dwellings: Number of dwellings: __ Home garden/lawn irrigation, not to exceed one acre: area irrigated J ij sq. ft. E acrekr- Domestic animal watering - (non-commercial) S �'Pu 0 C. Livestock watering (on farm/ranch/range/pasture) 7. Well Data (proposed) Maximum pumping rate Total depth gpm feet Annual amount to be withdrawn • 4.9 IAquifer acre-feet 8. Water Supplier Is this parcel within boundaries of a water service area? 1 -YES NO If es, provide name of supplier. 9. Type Of Sewage System fN Septic tank / absorption leach field ❑ Central system: District name: ❑ Vault: Location sewage to be hauled to: ❑ Other (explain) 1i. •ro.ose. r e On er 'cense • o.bona 11. Sign or Enter Name of Applicant(s) or Authorized A�� The making of false statements herein constitutes perjury in the second degree, which is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4-104 (13)(a). I have read the statements herein, know the contents thereof and state that the are true to m knowled. e. Sign or :nt- name(s) of person(s) submitting application Date (mm/dd/yyyy) If signing print na �v Y� r •"i Office Use Only USGS map name AQUAMAP WE WR CWCB TOPO MYLAR SB5 DWR map no. Receipt area only Surface elev.- • - — DIV $ WD ,j_7 BA MD Send to: Division of Water Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Fax: 303-866-3589 Phone: 303-866-3581 SEP 0 7 'lam ER RESOC RIDES STATEENGINEEROWNER'S NOTICE OF CONSTRUCTED WELL Construction of my well under Permit No. was completed on % <Vf - 72- (month) z(month) (day) (year) The well was constructed by: J� (drilling company) If the pumping equipment has been installed The pump was installed in my well by: ‘.5://— on e/fon (month) (day) Signed: Date: (year (pump company) Phone: The well must be constructed and pump installed by licensed water well construction and pump installation contractors, OR the well may be constructed and/or the pump may be installed by the well owner if the well is constructed and/or pump is installed using equipment owned and operated by the well owner and the well is constructed on his/her own property for his/her own use ("private driller"/"private pump installer"). Work reports must be submitted to the Division of Water Resources in accordance with Rule 17 of the Water Well Construction Rules_ GEORGE E BAGLEY GINNY BAGLEY 6044 COUNTY ROAD 233 SILT, CO 81652-8795 970-876-5556 Pay to the n Order of Y ! "" S. -7'e qy/ 7z Date $ je,46 1149 23-7/10201152 6173179877 ars 8 Feei." s °4,w WELLS FARGO Wells Fargo Bank N.A. Colorado wellsfargo.com 7 For 1,(1,,24�'� I: i10 20000761: 6 L73 L7987711' 0 49 WR J- 5- 66 STA E OF COLORADO A PERMIT TO USE GROUND WATER APPLICATION FOR: A PERMIT TO CONSTRUCT A WELL LI OVER Application must be completed satisfactorily before acceptance PRINT OR TYPE APPLICANT 00NO-r/ (?. ,347 1,Q7 . . Street Address = r City s State' Use of ground water S/ (�''<' Owner of land on which well is located Number of acres to be irrigated Legal description of irrigated land Other water rights on this land • Driller A, eL S%r4T44,No. Owner of irrigated Dri 1 ler's _1.4 „ 2, er/ land Address 4/ e,- /O J/, S Aquifer) ground water is to be obtained COUNTY LOCATION 4,th, MAY.11i 19675 OMNI WATP ma. now STATE MINER OF WELL Ground Water Basin Water Management District ,;, sec. o 4" USE DIAGRAM ON THE BACK OF THIS SHEET TO LOCATE WELL. from ESTIMATED WELL DATA Est. quantity of ground water to be claimed: Est. Max. Yield /0 qAL. GPM or CFS Est. average annual aunt to be used in acre-feet Storage capacity AF Anticipated start of drilling j419 t Hole Diameter: in. from Q _ ft. to /44) ft. in. from ft. to ft. Casing: Plain 7 in. from o ft. to/,',ft. In. from ft. to ft. Perf. 7 in. from -775 -ft. to/7te2 ft. In. from ft. to ft. PUMP DATA: Outlet Type NIT.) -7 -HP / Size / This application approved UMBER 30778 (OVER) Signature ; Apscant CONDITIONS OF APPROVAL This application approved CONDITIONAL PERMIT NO. (Permit good for one (1) year after date of issuance) DATE ISSUED Chairman Ground Water Commission by N Q THE LOCATION OF THE PROPOSED DELL SHALL BE SHOWN ON THE DIAGRAM BELOW. THE LOCATION WILL BE INDICATED BY THE DISTANCES FROM THE SECTION LINES, OR THE DISTANCE AND BEAR- ING FROM GOVERNMENT SURVEY CORNERS OR MONUMENTS. 1 IF WELL IS FOR IRRIGATION, THE AREA TO 8E IRRIGATED MUST BE 51IL DED OR CROSS -HATCHED. Domestic wells may be located by the following: Lot Block Street Address or City Subdivision The diagram represents nine (9) sections. Use the center square (section) to Indicate the location of the well. THE SCALE OF THE DIAGRAM IS TWO INCHES EQUALS ONE -RILE 1 1 I t r 1 __.--.....-- Alli.'t THE SCALE OF THE DIAGRAM IS TWO INCHES EQUALS ONE -RILE 1 flsliip No„ iiout t ...141 ;1 t he Sixlli Principal 310 Q4 COads ►jIVA t, N./ SITUATE IN m T-6 R912 w6 5 / ti L l.. No.71 ST, :€ :` CC)Lts14,,WO, t :01, TY OF GARPJEI.D. atias .. E.Manias 1 -7 - Doc .#170599 T a II I T CLAIM DE -ED _ � o-rNs,-fi-, la7 T s— To DUted December 8,1949 x "s" Acknowledged December 12,1949 ge 0. Bagley aad before Abijah A.Alloy sl her I. Begley Notary Publii, , Garfield County, Colorado Conveys said vrop :*ty,not :in ten- Consideration 41.00 mncy In common, but in ;joint tenancy, the folloraing described: Dor=veys: Lot 3, Section. 5, 1'r.6 8.11.92;,:. 6th 1-.1. 1o.;ether wit any end ell improvements eituete thereon Also, together with any and all ditch enu waiver rights helongin to, used upon or in connection with the above described lands. L ,Fi ed{i 'or ward, December 15,3949 at 11:25 o'clock y.lt, and recer • ed in Book -24'6 at Pape 408 thereof. '.1 were aiixec 56..:,' swtett 1. due tC Gltidtac rSCm: fi ±' ?efsk�'! •i C ir.4eLticcl and rroded WARRANTY MT.]) JOINT TENANTS Dated December 1,1949 Acknowledged December 1,1949 C.Bagley end before Abijah A.Alley,Notary I.Bagley Public, Garfield County, Colorado Consideration '8500.00 Revenue 9.35 on eys unto iha .id i,arties of the second part, not in ten - y in cox on, but 5_n joint tenancy, the survivor of them, their signs and the heirs and assigns of such survivor forever, all e following des ribe:' property, to -wit: All of Tot numbered 1, .Section 5 Tp.6 S.R. Q2 6th P.M. cont- aining o", acres more or less, subject to existing water and road rights, together with all of the houses, buildings and all other improvements situate thereon. ,also, together with any and all ditch and water rights belonging to, used upon or in connection with said lands, and particularly, 54 shares of water stock in. the Farmers* Irrogation Company, Incorporated,evideneed by Cert. i452 for 44 shares and Certificate #652 for 10 shares. First iity agrees topaycurrent taxes, being for the year 1949 which become due in 1950 and also agrees to furnish ank abstract of titl to said property. Filed for record December 3,1949 at 8:22 o'clock A.M. and recorded in Book 246 at Page 303 thereof. No -.70 Doc 9170488 Public Trustee, ,,ZatmAW,Golorado To Charles E.Thomas RELEASE DEED OF TRUST Dated December 5,1949 ,acknowledged December 5,1949 before Charles S.Keegan, Notary Public, Garfield County, Colorado Recites that the note secured by deed of trust, recorded in Book 240 at Page 235 -has been fully paid and satisfied; together with all charges, a interest thereon. Therefore, et the request for release by The First National Bank`ir1 R le, Coiorad:o, Carl C.McMurray, Executive /ice -Preside the legal holder of "said indebtedness secured bye -said deed of trust, the ;`ubiie Trustee of Garfield County, Colorado hereby releases and quit c18itzs n to Charles E,Tho:mas and his heirs and assigl24k, all the right, title and interest which he has in and t all that property conveyed in trust in and by Document No.1671O3. as recorded in Book and Pao aforesaid. Filed for record Decemoar 5,1949 et 10:15 o'clock A.M. and recorded in 1300k 246 6 nt z'ag° 3l0 thereof. BOOK595 Rar,E616 STATE OF COLORADO Recorded at 11.:.i4 O'clock . A M. .. MQR 2A 19E12 • County of Garfield • Is" 1_6crphon No: 326a4 MILDRED. ALSDORF, RECORD At ' ' Teglll ar meeting of the Baud of County Commk.l.ia,t, for Garfield County, Colorado, ' held at the Coa 11foure in Glenwood Springs on Tuesday we 2.x ti.day of kka7. i A. D. 19 82 there were present: ...k:1>ayen J., cezi8e Com,nixdoeer Clialrmzn „F,,Wgene Dxj_nkh Q$e Commissl ner'' 1,4WF.y.:Ve1apquez comtoisde er Batt .... , Rhodes ' . . ' - - County Attorney ",egnne Cleland; Deput,,,,; ......., Clerk of the Board � .. - when the following proceedings, among others were had and done tn.. . wit:' • RESOLUTION.N04� 68 • A. RESOLUTION• CONCERNED WITH,GEANTING AN,EXEMPTLON FROM THE 0ARFIELD COUNTY SUBDIVISION. REGULATIONS FOR.'GEORdE"AND.DOROTHY'BAGLEY•.. WHEREAS, George and, Dorothy.Bagley;:have petitioned:the Board tf.County.'Commissloners'. of Garfield County, Colorado for an'egemption•from the,definition of:tile terms '!subdivision' and,' ubdivioad'land!.under C.R.S.`.19730.28-101.(10) '(a) -(d), as' amended; -and the,Subdivision Regulationsof Garfield County, ColoradadoptedJanuary 2, 1979,.Sections2,.02.21 (d)'and 3 02::01 for the division o'a`50.acre .tiact'described. As follows that l:'o parcef ].and0.4:12•4.)1-. as described in'_Document No 170599 as`filed in'the Office of the:Clerk and'Recorder'of Garfield: County, Colorado.intp•3 tracts of approximately. 2.14, 2.14,. and approximately 46 acres.'each- .moreior 1ess,.'whieh p.opoed divided; tracts are more particularlydescribed as'follows TRACT A: . A parcel of land situate in Lot 1 Sectipn 5, .:Township. 6 South•;-Ratige .92 West of.tlie.6th.Prancipal Meridian aing;southerly.of.County Road'•:#233. and westerly of. County Road#229 and more particularly.`.described' es'follows•: • Beginning at ;the northwest corner of:said Section5 thence S'.'88 27'45"E.- 4484.03' feet to, the tr•.ue point of .begs ning..'with .all. bearings contained `•. herein being:relative to a bearing.of.N.89 39'00"E .along the north.line of said:Section 5 .thence N OO'41'-00'.W. 114`00 feet :to:the':southerly;. right -of way of..County:-Road #th 2.33-.ence along --said:, southerly -right-of-way N 89 26'OO 820 00 feet to a;point.that intersents the east,line:of Section:5 thence along said east•yection'line-of Section 5 S.00°41'00"E, . 114 00,'feet,• thence.S.89 26'O0' -!W, 820.00 feet to-the-true.pointof begin ning:. Said parcel o£ nand contains 2.,1'4 acres.more,or less: This land. is -Subject:.to any"existing.right-of=ways. or. easements of 'record orby.existing physical' location TRACT B: `'A pacel:ofaland'situate'in Lot:1 Section 5 . Township 6 South, Range.92 ,West'of the 6th, Principal_Meridian-:and more;p"articularly•_desetibed:asi follows: Beg aning'at',_the'northwest corner of said'Section 5, thence S 88e27'45"E.- 4484.03feet.to the_true point. of beginning Fath all bearings' contained`.'.' herein' being ielative :to. a:bearing: of.:. N.89°.53.'00"g, along'•the ,north line. of said Section 5;.thenee N 89 26'-00"E :820.00.feet'to.the`east i+ne of said. Section 5 thence along last section 1ne•S 00.`41:001'E:::114':00,feet;, thence 5 89 26' 00! W 820.00; feet thence N: 00'41 00"W114:00 feet•. to the' true point of beginning., ;. Saidparcel of land' contains: 2.14 acres more or -less..' This land issubj.ect. to any existing right-of-ways or, easements of: record or by existing physical location: 0,n -the State, of Colorado and County 'of' Garfield) ; ,and WHEREAS,: the.Petitioners• have;'demonatrated to the'satisfactien of the. Hoard'. of '. County Commissioners.of Garfiehd County,.Colorado, thatthe proposed division does not • fall' within .the purposes of Part 1,: Article 28, Title 30, Colorado: Revised Statutes.,:1973., as amended, for the reason that the'impaet created"does not warrant further subdivision 8008 595 raGE817 ,,WHEREAS, the Petitioners have.. demonstrated to .the satisfaction of the Board of County, Commissioners' of.Garfield County,•Colorado, that there is -a reasonable probability . of,locating domestic water on each of said tracts,••that there is adequate ingress and egress to said tracts, that the location of septic tanks will be permitted by:the • Colorado Department of Health, that -the requested division isnot part of an existing or larger development and does not fall within the general purposes and intent of tii' -subdivision regulations of the State of Colorado and the County of Garfield, and shdpld,.. therefore, be exempted from the definition of the terms "subdivision" and "subdivided .land" as set forth in C.R.S. 1973, 30-28-101 (10). (a)—(.d),-as amended; NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracts. "A", "B" and "C", from the above described .50 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A", "B", and "C:',.,al]. aa. . is'mare fully described above, and said divided tract maybe conveyed in the'. form; of such smaller tracts without further compliance with the aforesaid subdivision Statutes and regulations;. provided, however,.. that this exemption is granted on the'condition .and with the. express understanding and agreement of'the Petitioners that'no^ftarther • exemptions be.allowed om said tracts, "A",:"8", a•td "C"; .and. that a'copy.of the instrument or instruments of -conveyance when recorded. Shall �oe•filed with.this Resolution..;: .. • . ATTEST.: ty. Clerk of the Board BOARD, OF COUNTY. COh1[fISSIOWF..RS' GARFIELDCOUNTY, COLORADO • Upon motto?: duly',made and seconded the' toregaing .Resolution wua .by the folloviing .vote: :..::.E1.d1f.ext.:::J C..e. Lse.f::.`.. ..• •... .Aye . 'art ' ...... Vela'squAz° STA VE,OF COLORADO County of Oarfleld . • Commissioners , County Clerk and'exofficio Clerk of the Board -of'Couoty Commissioners Is duffel! County and State aforesaid' do hereby ceitily. that the annexed and foregoing Order is hvly rapled from the Records of the Proceedings of the Board.01 County, Commissioners for saki Garfield County, now in my an... .tits IN WITNESS WFiEREO,Pj I. have. 'hereunto.. set • my hand and affixed the seal of said icannty, at Glenwood Springs, County Clerk and ex -officio Clerk of the Board of County Commissioners. 1Ill 6�'�I�Y>'iE 1�� ,C t Gi1V',Ir�J�hi�rl l�h�h+�.IN�� 1111 Reception#• 791589 09/17/2010 11:20:37 AM Jean Alberico 1 of 2 Rec Fee:$16.00 Doc Fee:0.00 GARFIELD COUNTY CO OUIT CLAIM DEED THIS DEED, made this foaday of 2010, between DOROTHY I. BAGLEY, County of Garfield and the State of Colorad , grantor, and CHARLES A. BAGLEY whose address is 627 North Happy Valley Road, Nampa, ID 83651 and GEORGE E. BAGLEY whose address is 6044 County Road 233, Silt, Colorado 81652, of the County of Garfield and State of Colorado, grantees. WITNESSETH, that the grantor, for and in consideration of the sum of Ten ($10) dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUIT CLAIMED, and by these presents does remise, release, sell and QUIT CLAIM unto the grantees, their heirs, successors and assigns, forever, an undivided one-half (%) interest each as to all the right, title, interest, claim and demand which the grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado, described as follows: SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE EXCEPTING AND RESERVING TO THE GRANTOR, ANY OIL, GAS AND OTHER MINERAL RIGHTS Also known as 1 2 /1 (p RI e72 2 9 r Sf / 69- ,/ 9- TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantors, either in law or equity, to the only proper use, benefit and behoof of the grantees, their heirs and assigns forever. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. STA 11, OF COLORADO CO #`Y OF: GARFIELD b/ Dorothy 1.::`_Iey (- ) ss. :oregoing instrument was acknowledged before me on this Dorothy I. Bagley. F m ahaYand offs. seal. VIS, expires:�� day of Notary Public 11111 Rec 09/17/2010 11:20:37791589 AM J 2 of 2 Rec Fee:$16.00 Doc Fee 0 00i� GARFIELD COUNTY CO EXHIBIT A Lot One (1) , Section Five (5) , Township SiX (6)-S., Range 92 lg., 6th P. M., together with all improve= ments situate thereon, `.also, together with any and •all ditch and water rights belonging to, used upon or.in connection with the -above described lands. • i • Recorded at.2 :2.5 Reception No 249286 March 24, 1971 Book 418 o'eloek M., _ Page 53 Ella Stephens t.Recorder. THIS DEED, Made this 24th day of March 19 71 , between GEORGE C. BAGLEY of the County of Garfield , State of Colorado, of the first part, and GEORGE C. BAGLEY and DOROTHY I. BAGLEY of the County of Garfield and State of Colorado, of the second part: WITNESSETH, That the said part y of the first part, for and in consideration of the sum of TEN DOLLARS and other good and valuable considerations BOfFJA1S to the said part y of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha s remised, released, sold, conveyed and quit claimed, and by these presents do es remise, release, sell, convey and quit claim unto the said parties of the second part, their heirs and assigns forever, not in tenancy in commonbut in joint tenancy, all the right, title, interest, claim and demand which the said party of the first part ha s in and to the following described lot or parcel of land situate, lying and being in the County of Garfield and State of Colorado, to wit: Lot One (1), Section Five (5), Township Six (6) S., Range 92 W., 6th P. M., together with all improve— ments situate thereon, also, together with any and all ditch and water rights belonging to, used upon or in connection with the above described lands. Recorder's Stamp STATE DOCUMENTARY FEE MAR'' L1 1971 TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privi- leges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, either in law or equity, unto the said parties of the second part, their heirs and assign forever, not in tenancy in common but in joint tenancy. IN WITNESS WHEREOF, The said part y of the first part has hereunto set his hand and seal the day and year first above written. Signed, Sealed and Delivered in the presence of STATE OF COLORADO, County of Garfield The foregoing instrument was acknowledged before me this 24th day of March 19 71 , by My commission expires June 21, 1971 WITNESS my hand and official seal. /GEORGE C.' BAGLEY e"°'. .�° [SEAL] [SEAL] [SEAL] Notary Public. No. 962. QUIT CLAIM DEED —7e Joint Tenants.—Bradford Publishing Co., 1824-46 Stout Street, Denver, Colorado -8-70 `'+6 9ƒ° /) § /\= /$ ® ® m ® 1® $ ® 2S-3 1.13/0C-4213 33-1 3/13133-3313 ant 33S ALL PROPERTY OWNERS WITHIN 200' OF PROPOSED BAGLEY MAJOR EXEMPTION PLAT Ann E Johnson 5905 CR 233 Silt, CO 81652 Parcel No. 2127-353-00-063 Harold G Jr. Bentzler & Lori A Bentzler 6025 CR 233 Silt, CO 81652 Parcel No. 2127-354-00-027 Perry Will & Courtney Will 3400 CR 312 New Castle, CO 81647 Parcel No. 2127-354-00-028 Peggy R Engquist 6191 CR 233 Silt, CO 81652 Parcel No. 2127-354-00-053 Christian A Whittington 12123 Briar Leaf Court Parker, CO 80138 Parcel No. 2179-042-00-707 William A Swank & Peggy J Swank 20 Lone Pinon Lane Silt, CO 81652 Parcel No. 2179-042-00-708 Victor F Ganzi 106 Central Park South Apt 28E New York, NY 10019 Parcel No. 2179-042-00-696 Kim C Antonelli & Waynetta Antonelli 964 CR 229 Silt, CO 81652 Parcel No. 2179-042-00-429 Eric Charles Jurmu & Margaret Jurmu 32424 N. 43rd St Cave Creek, AZ 85331 Parcel No. 2179-051-00-642 Marion B Gilmore & Teresa A Gilmore PO Box 56 New Castle, CO 81647 Parcel No. 2179-051-00-041 ALL PROPERTY OWNERS WITHIN 200' OF PROPOSED BAGLEY MAJOR EXEMPTION PLAT Thaddeus I Ragsdale & Darlene E Davis 665CR216 Rifle, CO 81650 Parcel No. 2179-051-00-280 Dorothy I Bagley 1211 CR 229 Silt, CO 81652 Parcel No. 2179-051-00-281 Potential Mineral Owners: Charles A. Bagley 627 North Happy Valley Road Nampa, ID 83651 George E. Bagley 6044 CR 233 Silt, CO 81652 Carol Brown 30600 Highway 74, Unit #151 Hemet, CA 92545 Diana S. Harris P.O. Box 1872 Sylva, NC 28779 Jeanne L. McPherson 1859 CR 344, Building B Silt, CO 81652 11111 WI Iarifi4rNI4KIIII,I1..111111 Reception#: 791591 09/17/2010 11:20:37 AM Jean Alberico 1 of 2 Rec Fee:$16.00 Doc Fee:0.00 GARFIELD COUNTY CO QUIT CLAIM DEED THIS DEED, made this /v -day of , 2010, between DOROTHY I. BAGLEY, County of Garfield and the State of Colorado, rantor, and CAROL BROWN, whose address is 30600 Highway 74, Unit #151, Hemet, CA 92545, DIANA S. HARRIS, whose address is P.O. Box 1872, Sylva, NC 28779 CHARLES A. BAGLEY whose address is 627 North Happy Valley Road, Nampa, ID 83651 and GEORGE E. BAGLEY whose address is 6044 County Road 233, Silt, Colorado 81652, of the County of Garfield and State of Colorado, grantees. WITNESSETH, that the grantor, for and in consideration of the sum of Ten ($10) dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUIT CLAIMED. and by these presents does remise, release, sell and QUIT CLAIM unto the grantees, their heirs, successors and assigns, forever, each as to an undivided one-fourth (1/4) interest, in any and all oil, gas and other mineral rights in, under and upon the real property located in the County of Garfield, State of Colorado: SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE Also known as _ 44 ;7-- /'..533G-4/. D TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantors, either in law or equity, to the only proper use, benefit and behoof of the grantees, their heirs and assigns forever. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) 4,:r_; 2010, by Dorothy I. Bagley. Dorothy I. agley • The foregoing instrument was acknowledged before me on this /..7# day of •`_`qtr ss.irty.hand and officjal sea�,:l, • 1111 ri.}ThiTiffiLSTE'hitICNNIKINtitS1 Mi. 11111 Reception#: 791591 09/17/2010 11:20.37 PM Jean Plberioo 2 of 2 Rec Fee $16.00 Doc Fee -0.00 GPRFIELD COUNTY CO EXHIBIT A All of the following described real property located in Garfield County, Colorado, in Section 5, Township 6 South, Range 92 West of the 6th P.M. l ' That portion of the NE ASW4NE a, except the West 132 feet thereof lying northerly of that certain parcel of land described -in dee. recorded February 15, 1980 in Book 543 at Page 763. • The North 1.86 3/4 acres of the SEA of Lot 2 and the South 3.13 4th acres of the NE4 of Lot 2 of said Section 5. (Gibbs Tract) Tract No. 14 according to the Plat of the Antlers Orchard Develop- ment Company being in the SE4 of Lot 2 said Section 5 EXCEPT any portion contained in deed recorded February 15, 1980 in Book 543 at , Page 763 and EXCEPT beginning at the SW corner of the East of said+ Lot 2; thence North 72 feet; thence East 132 feet; thence South 72 feet; thence West 132 feet to the Point of Beginning. Tract [slumber Three (3) in Lot Number Two (2) of said Section 5, as shown by Plat of the Antlers Orchard Development Company filed for record with the County Clerk and Recorder of Garfield County, Colorado. The said Tract Three (3) may be otherwise described as the North Teri (10) acres of the East one-half (Ek) of said Lot Number Two (2) , in said Section 5. Lot One (1) , Section Five (5) , Township Six (6)-S., Range 92 W., 6t1i P. M., together with all improve; ments situate thereon,•also, together with any and all ditch and water rights belonging to, used upon or• in^ connection with the -above described lands. Stewart title View your transaction progress 24/7 via SureClose. Ask us about your login today! Glenwood Springs Division 1620 Grand Avenue Glenwood Springs, Colorado 81601 Phone: 970-945-5434 Fax: 1-800-886-2330 Date: June 15, 2011 Order Number: 947378 Buyer: Charles A. Bagley and George E. Bagley Seller: Property Address: 1211 County Road 229, Silt, CO 81652 Please direct all Title inquiries to: Melanie Lang Phone: 970-766-0233 or 866-932-6094 Email Address: mlang@stewart.com OWNER: Charles A. Bagley George E. Bagley 627 North Happy Valley Road Nampa, Idaho 83651 We Appreciate Your Business And Look Forward to Serving You in the Future. ri ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by stewart =title guaranty company Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned: %� Authorized Countersignature Stewart Title Glenwood Springs Division 1620 Grand Avenue Glenwood Springs, Colorado 81601 Phone: 970-945-5434 Fax: 1-800-886-2330 Order Number: 947378 -stewart title guaranty company Senior Chairman of e Board Chairman of the Board President ALTA Commitment (6/17/06) COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: May 20, 2011, at 7:30 A.M. Order Number: 947378 2. Policy or Policies To Be Issued: (a) A.L.T.A. Owner's (b) A.L.T.A. Loan Amount of Insurance 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the referenced estate or interest in said land is at the effective date hereof vested in: Charles A. Bagley and George E. Bagley 5. The land referred to in this Commitment is described as follows: Lot 1, Section 5, Township 6 South, Range 92 West, 6th P.M. COUNTY OF GARFIELD STATE OF COLORADO Purported Address: 1211 County Road 229 Silt, Colorado 81652 Order Number: 947378 ALTA Commitment (6/17/06) — Schedule A Title Officer: Melanie Lang Page 1 of 1 Statement of Charges: These charges are due and payable before a Policy can be issued: Search Fee: $300.00 stewart title guaranty company COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 1 REQUIREMENTS Order Number: 947378 The following are the requirements to be complied with: . NONE NOTE: This product is for informational purposes only. It is not a title insurance product and does not provide any form of coverage. This product is not a guarantee or assurance and does not warrant, or otherwise insure any condition, fact or circumstance. This product does not obligate this Company to issue any policies of title insurance for any subsequent transaction based on the information provided or involving the property described herein. This Company's sole liability for any error(s) relating to this product is limited to the amount that was paid for this product. Order Number: 947378 ALTA Commitment (6/17/06) — Schedule B 1 Page 1 of 1 Fstewart title guaranty company COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 2 EXCEPTIONS Order Number: 947378 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 10. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises thereby granted, as reserved in United States Patent recorded April 5, 1892 in Book 12 at Page 127 as Reception No. 13747. 11. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded April 5, 1892 in Book 12 at Page 127 as Reception No. 13747. 12. Right of way for all ditches, canals and creeks crossing subject property. 13. Right of way for County Road No. 229. Order Number: 947378 ALTA Commitment (6/17/06) — Schedule B 2 Page 1 of 2 stewart title guaranty company 14. Easement and Right of Ways reserved in Warranty Deeds recorded May 10, 1892 in Book 26 at Page 474 as Reception No. 13940 and recorded June 15, 1892 in Book 26 at Page 514 as Reception No. 14143. 15. All matters shown on the maps recorded as Reception Nos. 219307 and 240913. 16. Instrument recorded October 26, 1967 in Book 389 at Page 274 as Reception No. 239314. 17. Resolution No. 82-68 recorded March 26, 1982 in Book 595 at Page 616 as Reception No. 326064. 18. Oil and Gas Leases recorded as Reception No. 285021, as Reception No. 342367 and as Reception No. 453553, any assignments thereto or interests therein, and any and all other oil and gas leases of record, together with the appurtenant rights to use the surface. The Company makes no representation as to the present ownership of these interests. 19. Easement recorded September 18, 1991 in Book 813 at Page 696 as Reception No. 427380. 20. Reservation of any oil, gas and other mineral rights in the instrument recorded September 17, 2010 as Reception No. 791589, together with the appurtenant rights to use the surface. The Company makes no representation as to the present ownership of this interest. 21. Conveyance of an undivided one-fourth (1/4) interest in any and oil, gas and other mineral rights in, under and upon the real property, in the instrument recorded September 17, 2010 as Reception No. 791591, together with the appurtenant rights to use the surface. The Company makes no representation as to the present ownership of this interest. 22. Paid -Up Oil and Gas Lease recorded February 17, 2005 as Reception No. 668890 and Amendment of Paid -Up Oil and Gas Lease recorded May 11, 2007 as Reception No. 723116. 23. Except any claims, interests, adverse possessory rights or rights to title to any portion of subject property described in Warranty Deed recorded February 15, 1980 in Book 543 at Page 761 as Reception No. 301677. Order Number: 947.78 ALTA Commitment (6/17/06) — Schedule B 2 Page 2 of 2 stewart title guaranty company STG Privacy Notice 1 (Rev 01/26/09) Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law I regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' •ersonal information; the reasons that we choose to share; and whether ou can limit this sharin_. Reasons we can share your personal information For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer ! accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. For our marketing purposes— to offer our products and services to you. For joint marketing with other financial companies Do we share? Yes Yes No Can you limit this sharing? No No. We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common 1 ownership or control. They can be financial and nonfinancial companies. Our 1 affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company Yes No For our affiliates' everyday business purposes— information about your 'I creditworthiness. No We don't share For our affiliates to market to you Yes No For non -affiliates to market to you. Non -affiliates are companies not related by I common ownership or control. They can be financial and nonfinancial companies. I No We don't share We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] `: Sharing practices How often do the Stewart Title Companies notify me about their practices? How do the Stewart Title Companies protect my personal information? How do the Stewart Title Companies collect my personal information? What sharing can I limit? We must notify you about our sharing practices when you request a transaction. To protect your personal information from unauthorized access and use, we use security measures that comply with federal and state law. These measures include computer, file, and building safeguards. We collect your personal information, for example, when you • request insurance -related services • provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies M y Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not shay your personal information in those instances. Contact Us { If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd, Privacy Officer, Houston, Texas 77056 Order Number: 947378 DISCLOSURES Order Number: 947378 Note: Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. The subject real property may be located in a special taxing district; B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent; C. Information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the county clerk and recorder, or the county assessor. Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unified mechanic's and Materialmen's Liens. D. The.Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to C.R.S. 10-11-123, notice is hereby given: A. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. Order Number: 947 378 Disclosures Stewart Title DISCLOSURE The title company, Stewart Title in its capacity as escrow agent, has been authorized to receive funds and disburse them when all funds received are either: (a) available for immediate withdrawal as a matter of right from the financial institution in which the funds are deposited, or (b) are available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn. The title company is disclosing to you that the financial institution may provide the title company with computer accounting or auditing services, or other bank services, either directly or through a separate entity which may or may not be affiliated with the title company. This separate entity may charge the financial institution reasonable and proper compensation for these services and retain any profits there from. The title company may also receive benefits from the financial institution in the form of advantageous interest rates on loans, sometimes referred to as preferred rate loan programs, relating to loans the title company has with the financial institution. The title company shall not be liable for any interest or other charges on the earnest money and shall be under no duty to invest or reinvest funds held by it at any time. In the event that the parties to this transaction have agreed to have interest on earnest money deposit transferred to a fund established for the purpose of providing affordable housing to Colorado residents, then the earnest money shall remain in an account designated for such purpose, and the interest money shall be delivered to the title company at closing. CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www. alta. org. stewart title guaranty company All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. BAGLEY MAJOR EXEMPTION VICINITY MAP LOT ONE (1), SECTION 5 (5), TOWNSHIP SIX (6) S., RANGE 92 W. 6TH P.M. COUNTY OF GARFIELD STATE OF COLORADO CHARLES BAGLEY 627 N. HAPPY VALLEY RD NAMPA, ID 83651 GOVERNMENT LOT 1 SCALE: 1"=3000' DATE: SHEET: PROJECT: 10117-01 DFT• SRB 12/7/10 1 OF 1 PROPERTYOP_RCaICrtnac EXEMPnON LOT 1 m.xuwau¢ssrmx,wnessuMw..xa exwvrnurn r.v.rxrur..ve n.nu v uxexMn MUN[xvN¢ raxrn�Y AOS lvgfrn�M'mlMn°nx mm rrrr. um- xn• xmxMrrerNu.0 rlaux.xn• � mxm'xmv.•axF�'nrx'amrwwxnvr"".°1fmvrnu ixa�imvk • wmDCA xneax°rgxa DUTCH MAJOR EXEMPTION CERTIFICATE OF DEDICATION AND OWNERSHIP 1116 Ten:A A UT 901.6 0.7.1.1,26 er. 41.1.. TINT AUL. 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Um. 9.11 AA nit EXEIIPRON WT. xaa4 nAn d'rrWCW [.ua [awxum.Nn.nxwaANO.aTrM..nFE ruu.rt naruvrurc.w°¢uatnunO v.4�Aa.r�w "e n�v �uMmm[wralx Ur. rao.aYunun NO•Lit utnuxnc.xXAmuw mx.'u.7T•E n[waaxm17pITZrunnxun t ry ,van"Ou°urm70.%AI jrrtm▪ snuv.:41 mMRruurw "¢ :7 mnuwxO¢.w Auq vwx rr�itaAv'r".'.tvAywmuuwyAsr,. uuuv.ruru.w nvavruu.ruvrwsrw rvFv vnmvwuxn rnx nnOvn..r.ievroucnAnm �IN°.�"if!rt�m¢ip/xao TMrAu u+AmrO�uuirs�wmitnW[. miNuwvy1�rtamiv wrwmx�nv Parcels of Land Situate in the NE1/4 of Section 5, Township 6 South, Range 92 West of the 6th P.M. County of Garfield, State of Colorado Vicinity Map Scale: 1"-- 2000' SURVEYOR NOTES I. nfllS IIILOSInr121. WAS IA ISM aA¢A "CAT1uxnwrrw anu auI v°[sero¢w'w:d=..== r=C7I="1 1;= u'O VOu i7111.6 tfxO�.ar rmA v =1 AlmroMrn M. WS WIZ At LAMED Mt man. umranr Mt AM WFICCASLIQUITOQTREBLO w/AIM , mx.P.rtMINA A.oVAIICS MVXIfrIA,„.m nSAMMA Aamm.,.MG, Mt MACAW' 7.1 ACCOADIX 0 TO C01.0.100 LOC M..' 0.116/ICS LEVAL ACT. SAM) WON ANY IWER 7M SIAM' IMMIX WILL MAAS EXENFf10N"LAT NOM It=44LAa�nrnxxcv°x�arrdm. rtnrrmonxuu vrw.vr ALIT Mr( Or nit SrMM , rurvm m°ni$0 0.7411‘.111.n.n IA FAO, efAWATIA,Lerrr ATM An AllAnArloN AT RIF WA .411 SR moot n To BA 7176. MINERAL OWNERS 11 ARMS. [MAMA MM.. IfAlliAatniAn IN./AT APASSAL.,Arn ni.41 EATAWINI AIVIMOK ILV AlAUTEnUA.lan IVIVERTY Won,. ArlfrAil I r./.1roirsiarLnIA A. ALTA, ADO. AstAryni6KAO• 112 man, aCeAtrAAVAKATOr YAM., [far Aucla 1011/1XMIJCV111111i3 /OM., Of SAIO MOM▪ , 4111. Malarr.5 rfeinr06. r lent (AMA irk =Miff Uhlt 0.461.1nSa; ITAINInSii.A.S=112 747:: nalaYESOIFIRK.A. WISH. *TM Mlyf NAL 1.111'0,1n40.33 EALT1/17.01.1 MVP' M10,611, off A' ION I' VALLV ROM srArx ;aisle minor muxnw ie • STATE 01.11A0.00 I moor • riorntrnmuc T?LE CERTIFICATE COUNTYCOMM/SSIONERS CERTIFICATE vxOCrn�m'rii .41114TAAIXm Mut NW. Munwnn°cuvunrraNeu[n ICASA MAA111N/NOA.. flualaZAAIAAS riALAADD AMES: 1.1V NANO AND SAM. 0 1 MS n.71' entrial1 SURVEYOR'S CERTIFICATE Nm.nl A ''w oi=urx u 'ion', t eu¢ °uun was mr.ann. a urnR worn NuAAmnul1._mv nr _______.n.foil. igvOrsim.y. wen svivrk me \I\ CERTIFICATE OF TAXES PAID 1.44attarair a44014.110‘.11. COUNTY SURVEYOR'S CERTIFICATE _ _ w MavmxmrrwAawn waunnaan.uwaxw. Danxnrnnncu.xr IOC.u SAO Mrxn°imvA.rm"n u[. Alto. CLERK AND RECORDERSCERTIFICATE • Northwest Comer Section 5 Brass Cop Witness Comer m Place Bears 500'51'47'E 25.8' (from point for corner) L 589'41'S1'W _ Go0ine Marker - I' 3960.02' Arm EJoh6nn 590512233 971, CO 31652 Cou 25' Witness Come,- 7.4' omer 7.4' 2' Golcmtired Pipe 7Abote Ground Dorothy L Bagley 1211 CR 229 55tt, CO 81652 Center North 1/16 Comer Section 3-1/4' Aluminum Cap LS No. 16397 935 0 Fenn 26.4' 15.0'Ecsem Book 2 30.5Antlers Orchard Development Rd (Seale form Plat Reception No 037488 81 GRAPHIC SCALE "Bo loo ? 4m ( W 5270? ) 1 Sack = 100 ft. 8G. !0"W' 11" W 27E . 0• W see ire 58'E 0•E DELTA. 82'0657 9712'37' 94,5738.- 4"5738'- 57'1301.- 57'13'01 44.483" 44483" 183507 260228' 46'1807 54.41' ( Northeast Comer Section 5 No. 5Reber to Place 58935'38' W 2689.03' N76rSection5- 4.68-23. ; rr Section 5 l No. 16397 111 m '4 88935'455 265022' 5 893702' W 30.0'An08n Omhctd Development R4 (Scaleform Plat Reception No. 037481 7 � Proposed ionWell Permit Na 46924 / 7592.4? ir / Rebar&Cop j LS No. 36572 1 ^y- Tie N8 1745;47 E�t/ V 1� 132349' Center North 1/16 Como rSection 5 1 3-1/4'AWmiman Cop LS Na 16397 Thaddeus !Ragsdale 8: Darle,80Dais 6550R216 Rifle, CO81650 P.O.B. Lot3 3 89'35'4! 2650.20' Center 1/4 Comer Section 5 33' W517*Oss Comer Rebar and Cap LS No. 19598 (Bears 500'48'20"B 33.00' from Point for Comer) 2 c 9 South 1/4 Corner Section 5 Aluminum Cap LS. NO. 19598 in Place 81 North 1/16 Corner Section4&5 3'Bmss'Cap LS No. 14060 in Place Bast 1/4 Comer Section 5 3" Brass Clip LS No. 14060 in Place TION "5" DETAIL ALE: 1" = 800' DUTCH MAJOR EXEMPTION PROJECT NO. ,0117-0, B“,..Wnw.:MRam Bean SCO'SC4TE15 x' 0 foe m.I,f, Yr dmf o.I ,6.Jf 6P W DUTCH MAJOR EXEMPTION 1 �.,6.6Pan,.a9R >am,f", _ County Road No 233 2.4254. ZI II %j e, �9 RN,. 644, ei`-r°"rWr M lye, �" ra sreo in Hud 3 rv.wn N. aon. 514 11' Enny.Non GNI 211210 24242 D. •fi Than.. PylsIn• 12:1T114 8141 E%4.Lax 3 ., *Acme 5 89 35•X 139v6anP�.. 4g r = 959134/1 gR tlw - 3 R�.(-A915Na 1.94.9 442 O A a 0 1..,.51 aT"` Niti s 1/16 mer semen . RS Cap Lf Na 1.0601n Ram LON 412 124246 222242 0244442.2 44. LA 4.7 313,6112 2.442224 374,10.11, 220 14201 324 21234 GRAPHIC SCALE ORM 121412 44.30 11530 worwar 114.21. 4.72 12620 WI OP 2,124,2 102.2.242412 4222 12.00,10. 44.4728. Ss, UNIN't evale :.: IW' I 4. Mahone Corner Saion 5 Boma rap Wane. Owner in Plan. 4114. 5014.$1,121 f62n 44.1. 2.224 42444442 NM .1 f'anN 1/. Comer&Rin 5/ nn6 1/16 46516.ainn5 ] 1/.�5bm nbnCap LS No. 16391 n V. (am, nn6 wn.--- 74 eased on Ref orenee ;T NeNliwaN n • renter l/.Comers 'm3 ,o• NUNN. (-Amer Nebo,4.4 GI, LS Na 19396 Mean. SOOMP7O•E 33..00' from fbal for re/11M 3.2;4.4.3 i.1%. AWMnumale l/. Corner x.9nn5 m r-Ap nWwlmn Cap LS N0. 19306 in Ram 1355.13131 a nae. Ea11 •Comer X Limas LS No. 13060 M Aon SECTION "5" DETAIL SCALE: I" = 800' s VII. SCOT /A CIL 0515 1/15//II PROJECT N0. rnn-01 SHEET 39' 33' 54" 39' 33' 2T' 269100 269200 Soil Map—Rifle Area, Colorado, Parts of Garfield and Mesa Counties (Bagley) 269300 269400 269500 269600 269700 o ,n?:tm;.,;;;»x2 %y»::,%1•ar?'.•st%.�.a',rw—,.......H,. .«.-.-.a:;.,,i,�,:.s „mow; + ... _, ._ o om _ - , �T^,`5.g; ,�',^^irt°'"^ -i, : "Y` 'Ex x•„v".r «,%x. s '�+s':, s�" :'r'tb`>,z�`ti o N. ".' z. .:::=�i�n,�'s;� ,'KI`r'.. :',t � "�,c...,,,st >.^�,�..i6L`?,• ' �.` �?";.^. �c�£.s:�-�%�.i%_. ,,rirtP: �.,,. ., �w•i`aic&�,.�v�.�,-. e .S =1.'. : Yx,_}'- - Y 'fes �2k+': E."'k '�° . J -"'F ki }; S•�j-. ..ris.s:,`r y"p. N. ��a:.. .,•i% 'w y "','•'K s» a ,.tkA ' "�...x.:..'t'a 'n .-4t -ci°� �#'a:• . 4: i,= ahl�< u. +iisi-"i '«,r. 'n �$' i.'•&. ...,H in' .,e -rF' ,r ..4>,e,=•n :r „In(,,'... �' < �1 1',r .::, :.,,,,�' ;...34uct'hi$. ',r}!, .:%f$�... a':t...�`?l.n.`5' >�-C,^'x6:.�wi , .. ( �.-•.::. ""�t ' V O - ':'K�rXi.i.. ..... :r', ',y�.3z?, a•i.'='N''�'','3 «',^ si%' " > _ 'mss. N %s E..:C .. �l.v%e,.i.,.:`.'; �.�:4: �.3'Xn,•;% T 'S-..' �, x'°a" .v�_"'�°%>i>i`' N� :7 n(✓q'' j •:"'�.. s=^�H' s=:.-r.,'a ",1z ••_''�'.'s• 3Sirc _ ✓»+%:a •.h^".e,'F' f'�.. aY- i',.�'r• N ap .,{ `:�L'Jf.. :Ja`«�, r - g%,�.a urc^�ny .•��> ,'1`G ��:, 1,"'iY�� m M _''S`i. ,•,•i2 . Rf; '-=z'm:x/`'-y , >r •:%-:r' y�si� i , i.':i7' . �'£.«y�he• m a'.��_,..i...t•,.....-..r.t_.-,.,'j'�€,s.::,�rC�`�"`>�"',J tta,.. t�,,,,'....�7/..,-��t��.-'.':':x��!S,T.4';.�ZJr�;�:.+�'.:,:��"� .._,.. .,�j-%,� ;T. 269100 269200 269'300 269400 Map Scale: 1:4,030 if printed on A size (8.5" x 11") sheet. Meters D 35 70 140 210 0 150 300 USDA Natural Resources Conservation Service 600 Feet 900 Web Soil Survey National Cooperative Soil Survey 269500 269600 269'700 6/14/2011 Page 1 of 3 39' 33' 55" 39.33' 27" Soil Map—Rifle Area, Colorado, Parts of Garfield and Mesa Counties (Bagley) MAP LEGEND Area of Interest (AOI) Area of Interest (AOI) Soils 11 Soil Map Units Special Point Features Blowout Very Stony Spot i Wet Spot .. Other Special Line Features mow= Gully Short Steep Slope • Borrow Pit .'•. Other X Clay Spot i Closed Depression >, Gravel Pit Gravelly Spot • Landfill /y Lava Flow 46. Marsh or swamp R. Mine or Quarry © Miscellaneous Water p Perennial Water v Rock Outcrop + Saline Spot Sandy Spot - Severely Eroded Spot • Sinkhole 31 Slide or Slip Sodic Spot Spoil Area 4 Stony Spot Political Features 0 Cities Water Features ® Oceans Streams and Canals Transportation -i- Rails • Interstate Highways US Routes Major Roads Local Roads MAP INFORMATION Map Scale: 1:4,030 if printed on A size (8.5" x 11") sheet. The soil surveys that comprise your AOI were mapped at 1:24,000. Please rely on the bar scale on each map sheet for accurate map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: http://websoilsurvey.nres.usda.gov Coordinate System: UTM Zone 13N NAD83 This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Counties Survey Area Data: Version 6, Mar 25, 2008 Rifle Area, Colorado, Parts of Garfield and Mesa Date(s) aerial images were photographed: 6/24/2005 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. USDA Natural Resources '�� Conservation Service Web Soil Survey National Cooperative Soil Survey 6/14/2011 Page 2 of 3 Soil Map—Rifle Area, Colorado, Parts of Garfield and Mesa Counties Bagley Map Unit Legend nt'Qs 0068.3 =a 34 Ildefonso stony loam, 25 to 45 percent slopes 3.4 4.8% 55 Potts loam, 3 to 6percent slopes 24.0 33.9% 56 Potts loam, 6 to 12 percent slopes 38.1 53.8% 57 Potts-Ildefonso complex, 3 to 12 percent slopes 5.2 7.4% Totals for Area of Interest 70.8 100.0% USDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 6/14/2011 Page 3 of 3 Map Unit Description: Ildefonso stony loam, 25 to 45 percent slopes—Rifle Area, Bagley Colorado, Parts of Garfield and Mesa Counties Rifle Area, Colorado, Parts of Garfield and Mesa Counties 34—Ildefonso stony loam, 25 to 45 percent slopes Map Unit Setting Elevation: 5,000 to 6,500 feet Map Unit Composition Ildefonso and similar soils: 90 percent Description of Ildefonso Setting Landform: Alluvial fans, valley sides, breaks Down-slope shape: Linear, convex Across -slope shape: Linear, convex Parent material: Mixed alluvium derived from basalt Properties and qualities Slope: 25 to 45 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.60 to 6.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 35 percent Maximum salinity: Nonsaline to very slightly saline (0.0 to 4.0 mmhos/ cm) Available water capacity: Low (about 5.1 inches) Interpretive groups Land capability (nonirrigated): 7e Typical profile 0 to 8 inches: Stony loam 8 to 60 inches: Very stony loam Data Source Information Soil Survey Area: Rifle Area, Colorado, Parts of Garfield and Mesa Counties Survey Area Data: Version 6, Mar 25, 2008 USDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 6/14/2011 Page 1 of 1 Map Unit Description: Potts loam, 3 to 6 percent slopes—Rifle Area, Colorado, Bagley Parts of Garfield and Mesa Counties Rifle Area, Colorado, Parts of Garfield and Mesa Counties 55—Potts loam, 3 to 6 percent slopes Map Unit Setting Elevation: 5,000 to 7,000 feet Map Unit Composition Potts and similar soils: 85 percent Description of Potts Setting Landform: Valley sides, benches, mesas Down-slope shape: Convex, linear Across -slope shape: Convex, linear Parent material: Alluvium derived from basalt and/or alluvium derived from sandstone and shale Properties and qualities Slope: 3 to 6 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high (0.20 to 0.60 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 15 percent Maximum salinity: Nonsaline (0.0 to 2.0 mmhos/cm) Available water capacity: High (about 10.3 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability (nonirrigated): 3c Ecological site: Rolling Loam (R048AY298C0) Typical profile 0 to 4 inches: Loam 4 to 28 inches: Clay loam 28 to 60 inches: Loam Data Source Information Soil Survey Area: Rifle Area, Colorado, Parts of Garfield and Mesa Counties Survey Area Data: Version 6, Mar 25, 2008 USDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 6/14/2011 Page 1 of 1 Map Unit Description: Potts loam, 6 to 12 percent slopes—Rifle Area, Colorado, Bagley Parts of Garfield and Mesa Counties Rifle Area, Colorado, Parts of Garfield and Mesa Counties 56—Potts loam, 6 to 12 percent slopes Map Unit Setting Elevation: 5,000 to 7,000 feet Map Unit Composition Potts and similar soils: 85 percent Description of Potts Setting Landform: Valley sides, benches, mesas Down-slope shape: Convex, linear Across -slope shape: Convex, linear Parent material: Alluvium derived from basalt and/or alluvium derived from sandstone and shale Properties and qualities Slope: 6 to 12 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high (0.20 to 0.60 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 15 percent Maximum salinity: Nonsaline (0.0 to 2.0 mmhos/cm) Available water capacity: High (about 10.3 inches) Interpretive groups Land capability classification (irrigated): 4e Land capability (nonirrigated): 4e Ecological site: Rolling Loam (R048AY298C0) Typical profile 0 to 4 inches: Loam 4 to 28 inches: Clay loam 28 to 60 inches: Loam Data Source Information Soil Survey Area: Rifle Area, Colorado, Parts of Garfield and Mesa Counties Survey Area Data: Version 6, Mar 25, 2008 USDA Natural Resources Web Soil Survey 'll" Conservation Service National Cooperative Soil Survey 6/14/2011 Page 1 of 1 Map Unit Description: Potts-Ildefonso complex, 3 to 12 percent slopes—Rifle Bagley Area, Colorado, Parts of Garfield and Mesa Counties Rifle Area, Colorado, Parts of Garfield and Mesa Counties 57—Potts-Ildefonso complex, 3 to 12 percent slopes Map Unit Setting Elevation: 5,000 to 6,500 feet Map Unit Composition Potts and similar soils: 60 percent Ildefonso and similar soils: 30 percent Description of Potts Setting Landform: Valley sides, mesas Down-slope shape: Convex, linear Across -slope shape: Convex, linear Parent material: Alluvium derived from basalt and/or alluvium derived from sandstone and shale Properties and qualities Slope: 3 to 12 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high (0.20 to 0.60 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 15 percent Maximum salinity: Nonsaline (0.0 to 2.0 mmhos/cm) Available water capacity: High (about 10.3 inches) Interpretive groups Land capability (nonirrigated): 4e Ecological site: Rolling Loam (R048AY298C0) Typical profile 0 to 4 inches: Loam 4 to 28 inches: Clay loam 28 to 60 inches: Loam Description of Ildefonso Setting Landform: Mesas, valley sides Down-slope shape: Convex Across -slope shape: Convex Parent material: Alluvium derived from basalt and/or alluvium derived from sandstone and shale Properties and qualities Slope: 6 to 12 percent USDA Natural Resources Web Soil Survey r" Conservation Service National Cooperative Soil Survey 6/14/2011 Page 1 of 2 Map Unit Description: Potts-Ildefonso complex, 3 to 12 percent slopes–Rifle Bagley Area, Colorado, Parts of Garfield and Mesa Counties Depth to restrictive feature: More than 80 inches Drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.60 to 6.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 35 percent Maximum salinity: Nonsaline to very slightly saline (0.0 to 4.0 mmhos/ cm) Available water capacity: Low (about 5.1 inches) Interpretive groups Land capability (nonirrigated): 6e Typical profile 0 to 8 inches: Stony loam 8 to 60 inches: Very stony loam Data Source Information Soil Survey Area: Rifle Area, Colorado, Parts of Garfield and Mesa Counties Survey Area Data: Version 6, Mar 25, 2008 USDA Natural Resources Web Soil Survey 1-111-1. Conservation Service National Cooperative Soil Survey 6/14/2011 Page 2 of 2 GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsim ile: 970.384.3470 www. o a rfi e ld -co u nty. co m JUL 11 .2011 (-4.ARE COUNTY BO ;G & PLANNING ❑ MINOR [2 LOT] EXEMPTION ID MAJOR [4 LOT] EXEMPTION ❑ FINAL EXEMPTION PLAT AMENDMENT GENERAL INFORMATION (Please print legibly) > Name of Property Owner: Charles A. Bagley and George E. Bagley ➢ Mailing Address: 6044 CR 233 Telephone: ( ) n/a ➢ City: silt State: co Zip Code: 81652 Cell: ( 200989-69'1g (Chuck) ➢ E-mail address: n/a FAX: ( ) n/a ➢ Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc): ➢ Kelly Cave, Esq. > Mailing Address: 823 Blake Ave. #202 > City: Glenwood Springs State: Co Zip Code: ➢ E-mail address: kellar@kerstlaw.com Telephone: ( ) 945-2447 81601 Cell: ( ) FAX: ( ) 945-2440 ➢ Street Address / General Location of Property: 1211 CR 229, Silt CO 81657 > Assessor's Parcel Number: 2 1 7 9- 0 5 1 - Q- > Size of Property (in acres) as of January 1, 1973: 52 ➢ Current Size of Property to be Subdivided (in acres): 52 ➢ Number of Tracts / Lots Created Including remainder of Parent Property: 4 > Proposed size of Tracts / Lots to be Created Including remainder of Parent Property: o Lot #: 1 containing 20.489 acres o Lot #: 2 containing 6.624 acres o Lot #: 3 containing 12.723 acres o Lot #: 4 containing 13.983 acres o Lot #: containing acres > Property's Zone District: Urban Growth Area (2030 FLUM) Last Revised 12/12/08 KERST & ASSOCIATES, P.C. ATTORNEYS A PROFESSIONAL CORPORATION ATTORNEYS AT LAW DAN KERST dan@kerstlaw.com WILLIAM J. LYNE. bill@kerstlaw.com KELLY CAVE kelly@kerstlaw.com .Also admitted in Wisconsin Kathy Eastley, AICP Garfield County Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 823 BLAKE AVENUE, SUITE 202 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 FACSIMILE: (970) 945-2440 July 11, 2011 Re: Dutch Major Subdivision Exemption Application File #: 13819 Dear Kathy: PARALEGAL ELISABETH GETZEN egetzen@kerstlaw.com Via Hand Delivery Our firm represents Chuck Bagley and George Bagley who own fifty-two (52) acres of property located in Section 5, Township 6 South, Range 92 West of the 6'J' Principal Meridian (Parcel No. 2179-051-00-040). Chuck and George wish to divide the parcel into four (4) lots under the Dutch Major Exemption. If the exemption is approved, each brother shall own two (2) lots (George will own 1 and 2, and Chuck will own 3 and 4). In compliance with Garfield County's submittal requirements, the applicant provides the following information for your review: 1. A completed and signed Application form, $400 planning review fee, a signed Agreement for Payment form, Colorado Geologic Survey Submittal Form and $950 CGS review fee. 2. The 2010 deed showing ownership by the applicants and a 1971 deed showing prior history. These deeds relate the property back to 1971 assuring that the parcel qualifies for the exemption process. 3. Assessor's map and list of the names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, including mineral owners as reflected on the title commitment and in the attached mineral deed. 4. A current title commitment listing exceptions to title. 5. A vicinity map. 6. A copy of the Pre -Application Conference form. July 11, 2011 Page 2 7. A preliminary Dutch Major Exemption Plat from Bookcliff Survey Services, Inc. showing the legal description of the property and the proposed lots. Access is gained from County Road 233 and County Road 229. One lot requires an access easement as depicted on the southern boundary of Lot 4 for the benefit of Lot 3. 8. Natural Resources Conservation Service Soil Map. 9. Criteria for Major Exemptions: a. Adequtate Water Supply. Attached is a copy of Well Permit No. 75024-F (for Lot 3, not yet drilled), and information on Well Nos. 1172 (for Lots 1 and 4), 30778 and 47466 (for Lot 2). Additionally, the applicants own 22 shares of Farmer's Irrigation Company water (certificate #2023); 24 acre feet of Silt Project water (see attached email from Pearl Knight dated June 29, 2011); and West Divide Water Conservancy District contract # 110421 CB(a). The attached information demonstrates a legal and physical source of water for the division of land. If the exemption is approved, the applicant will execute a well sharing agreement substantially similar to the draft Well Sharing Agreement attached. The applicant will hire a water engineering firm to provide pump tests for the wells upon approval of this exemption and as a condition of approval to the filing of the final plat. The property is located within the boundaries of the Burning Mountain Fire Protection District. b. Adequate Water Distribution and Wastewater Disposal System. Sewage disposal shall be provided from individual sewage disposal systems, one for each lot. Two proposed lots already have septic tanks and leach fields. If the exemption is approved, the applicant intends to use similar systems on the new parcels. c. Adequate Access. Access is gained from County Roads 233 and 229. The easement depicted on the plat will provide access to County Road 229 for Lot 3 across the southern boundary of Lot 4. d. Hazards. The proposed exemption will not create any hazards or exacerbate any existing hazards. Attached are the following maps from Garfield County: the Soil Hazard Profile, the Slope Hazard Profile, and the Flood Plain, Vicinity Town of Silt. The property is not located within the 100 year flood plain nor does it have soil or slope hazards. e. Compliance with Comprehensive Plan and Intergovernmental Agreements. The proposed exemption is consistent with applicable provisions of the Garfield County Comprehensive Plan and any intergovernmental agreements between the County and a municipality in the area of the property. The property is located within Silt's comprehensive planning area. Attached is a copy of Silt's future land use plan showing the property property in the walkable residential and a small portion of the mixed use/neighborhood center land use areas. I contacted Janet Aluise in Silt's building and planning department. She stated that the small portion of the WEAST-S VIMATAZMEIAOLENAPPLICATION DOCX July 11, 2011 Page 3 property located in the mixed use/neighborhood center would likely be removed at the next planning and zoning meeting. Also attached is the land land use description chart. The proposed division complies with Silt's comprehensive plan. The property is located within Silt's Tier Three as depicted on the attached Growth and Community Character Map. f. Exemption Map Requirements. The attached exemption map is suitable for recording with the requirements of the County's regulations; meets all planning, engineering and surveying requirements of the County's regulations; and does not include a lien or encumbrance to the property. g. All taxes applicable to the land have been paid. Please contact me if you have any questions in regards to the application or need any additional information. Yours very truly, KELLY WAVE xc: Chuck Bagley (w/o enclosures) George Bagley (w/o enclosures) ME 0.5T SVII DATAUOA'.BAOLEIMPPLICATIONDOCX I. TO QUALIFY FOR A MINOR EXEMPTION Division of land by which no more than two (2) parcels, i.e. one (1) new parcel and the remainder parcel, will be split from any parcel that was described in the records of the Garfield County Clerk and Recorder's Office as of January 1, 1973, regardless of size, as long as the resulting parcels meet the minimum lot size for the underlying zone district. The proposed Minor Exemption shall satisfy the criteria in Section 5-407, General County Exemption Criteria, and shall require recording of a Minor Exemption Plat, describing each Exemption Lot by a metes and bounds legal description and as a numbered or lettered "Exemption Lot". II. TO QUALIFY FOR A MAJOR EXEMPTION Division of land by which no more than four (4) parcels, i.e. the remainder parcel and not more than three (3) new parcels will be split from a parcel of land that was described in the records of the Garfield County Clerk and Recorder's Office as of January 1, 1973 as a parcel of land 35 acres or more in size and not part of a recorded subdivision. In addition to the general exemption criteria, contained in Section 5-407, the proposed Major Exemption shall require recording of a Major Exemption Plat, describing each Exemption Lot by a metes and bounds legal description and as a numbered or lettered "Exemption Lot". For purposes of the definition of Minor and Major Exemptions: 1) All tracts of land thirty five (35) acres or greater in size created after January 1, 1973 pursuant to C.R.S. 30-28-101(10)(b), i.e. divisions of land creating parcels each of which comprises thirty-five (35) acres or more and none of which is intended for use by multiple owners, shall be considered parcels of land created by exemption for purposes of further division in accordance with the exemption review processes outlined in Division 4 and, thus, shall be counted as one of the not more than four (4) Exemption Lots allowed to be split by the Major or Minor Exemption process; unless; 2) If the parcel of land under consideration, or part thereof, is split by a public right- of-way or a County road right-of-way included in the County highway system, and the location of the public or County right-of-way prevents joint use of one or more of the proposed Exemption Lots, then the division of land may include a split into no more than five (5) parcels, i.e. no more than four (4) new parcels and the remainder parcel in a Major Exemption and no more than three (3) parcels, i.e. no more than two (2) new parcels and the remainder parcel, in a Minor Exemption. III. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, an application for a Major Exemption shall specifically provide the following items below pursuant to Article V, Sections 5-406 and 5-501. 1. Submit a completed and signed Application Form, an application fee, and a signed Agreement for Payment form. 2. A narrative addressing criteria in this application and explaining the purpose of the application. 3. Copy of the deed showing ownership. Additionally, submit a letter from the property owner(s) if the owner is being represented by another party other than the owner. If the property is owned by a corporate entity (such as an LLC, LLLP, etc.) Please submit a copy of recorded "Statement of Authority" demonstrating that the person signing the application has the authority to act in that capacity for the entity. 4. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the subject property and all public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, private and public, and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the County Assessor's Office. You will also need the names (if applicable) of all mineral interest owners of the subject property, identified in the County Clerk and Recorder's records in accordance with §24-65.5-101, et seq. (That information may be found in your title policy under Exceptions to Title). 5. Vicinity map: An 8 1/2 x 11 vicinity map locating the parcel in the County. The vicinity map shall clearly show the boundaries of the subject property and all property within a 3 -mile radius of the subject property. The map shall be at a minimum scale of 1"=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area for which a copy of U.S.G.S. quadrangle map may be used. 6. A copy of the Pre -Application Conference form from the original Pre - Application Conference. 7. Provide a Minor / Major Exemption Plat that is scaled at 1 inch to 200 feet for properties exceeding 160 acres in size, or 1 inch to 100 feet for properties less than 160 acres in size. The Director may require a more detailed version of all or part of the exemption map or plat. The required details for an Exemption Map or Plat can be found in Section 5-502(C)(7) of the ULUR. 8. All requests for Minor and Major Exemptions shall be required to demonstrate that they can meet the following criteria: a) Adequate Water Supply. The resulting Exemption Lots have a sufficient legal and physical source of water, in compliance with the requirements of this Land Use Code set forth in Section 7-104 of Article VII, Standards. b) Adequate Water Distribution and Wastewater Disposal System. The resulting Exemption Lots have an adequate water distribution system and wastewater disposal system in compliance the requirements of this Land Use Code set forth in Section 7-105 of Article VH, Standards. c) Adequate Access. The resulting Exemption Lots have legal and adequate access in compliance with the requirements of this Land Use Code set forth in Section 7-107 of Article VII, Standards. d) Hazards. The resulting Exemption Lots do not create hazards identified in Section 7-209 and Section 7-210 of Article VII, or exacerbate existing hazards. e) Compliance with Comprehensive Plan and Intergovernmental Agreements. The proposed exemption is consistent with applicable provisions of the Garfield County Comprehensive Plan and any intergovernmental agreements between the County and a municipality that apply to the area where the division of land will occur. f) Exemption Map Requirements. See the specific requirements for Exemption Plats at Section 5-502 B6 and B7. The following general criteria also apply: g) 1. Suitability of Plat for Recordation. The exemption map or plat is drawn in accordance with the requirements of these Regulations and is suitable for recordation. 2. Adequacy of Supporting Materials. The exemption plat meets all planning, engineering, and surveying requirements of these Regulations for maps, data, surveys, analyses, studies, reports, plans, designs, documents, and other supporting materials. 3. Liens and Encumbrances. The exemption plat does not include a lien, conveyance, or encumbrance to the property dividing a lot or encumbering the public use of public dedications for roadways public utility easements or other purposes. Taxes. All taxes applicable to the land have been paid. 9. Submit 3 copies of this completed application and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the application has been deemed technically complete. IV. PROCEDURAL REQUIREMENTS Minor and Major Exemptions are reviewed in an Administrative Process. The following steps outline how the Major Exemption review process works in Garfield County as further defined in Article IV, Section 4-104 of the Unified Land Use Resolution of 2008. 1. Pre -Application Conference. A pre -application conference shall be held in accordance with the provisions of Section 4-103 A, Pre -Application Conference. 2. Application. The application materials required for a land use change subject to Administrative Review are set forth in Section 4-601 A. 3. Determination of Completeness. The Director shall review the application for determination of completeness in accordance with the provisions of Section 4- 103 C, Determination of Completeness. 4. Evaluation by Director/Staff Review. Upon determination of completeness, the Director shall review the application for compliance with the applicable requirements. A staff report shall be prepared pursuant to Section 4-103 E. a) Review by Referral Agencies. The Director's evaluation of the application may include comment by referral agencies received under Section 4-103 D, Review by Referral Agency. b) Notice to Adjacent Property Owners. The applicant shall mail a written notice by certified mail, return receipt requested, to the owners of record of all property adjacent to the property within a 200' radius and the mineral owners of record in the office of the County Clerk and Recorder.. The notice shall include a vicinity map, the property's legal description, a short narrative describing the current zoning and proposed land use change, and the contact information and the date that the Director has to make a decision and notice of the 10 day period after the Director's decision to appeal the decision and the deadline for comments to be submitted. The comment period for adjacent property owners shall be within twenty-one (21) calendar days from the date of receipt of the notice established by return receipt. 5. Director Decision. Within thirty (30) working days of the date of determination of completeness, or close of the comment period if the application is referred for comment, the Director may approve, approve with conditions or deny the land use change application subject to Administrative Review. The Director's decision shall be based upon compliance of the proposed use with the approval standards set forth in Divisions 1 and 2 of Article VII, Standards. a) Approval of Application. If the application satisfies all of the applicable standards, the application shall be approved. The application may be approved with conditions determined necessary for compliance with applicable standards. Once it has been approved, the applicant shall prepare the necessary legal documents to be placed on the consent agenda for the signature of the Chairman of the Board of County Commissioners and shall be duly recorded by the Clerk and Recorder after signature. b) Denial of Application. If the application fails to satisfy all of the applicable standards, the application shall be denied. 6. Written Notice of Decision. The Director shall inform the applicant and noticed property owners of the approval, conditions of approval or basis for denial in writing within five (5) working days of the date of decision. Notice of the Director's decision shall also be provided to the Board of County Commissioners. V. AMENDMENTS TO APPROVED EXEMPTIONS An amendment may be made to a recorded Final Exemption Plat if such amendment does not increase the number of subdivision lots or result in a major relocation of a road or add one or more new roads (pursuant to Section 5-306). A correction can be made to a recorded Exemption Plat in order to correct an engineering error, mislabeling issue, etc. that does not affect the substance of the plat. A. Outline of Processes. The review processes for amending an Exemption Plat shall consist of the following: 1. Four (4) Lots or Less: The Administrative Review Process, detailed in Section 4- 104 of Article IV, shall be used for review of a request to amend an Exemption Plat for modifying lot lines, building envelopes, easement locations or other interests affecting up to four (4) Tots. An Amended Exemption Plat which modifies lot lines or easements affecting not more than two (2) adjacent Exemption Lots or a single building envelope shall be subject to the Administrative Review Process set forth in Section 4-104 of Article IV, with the addition of presentation of the Amended Exemption Plat to the Board of County Commissioners for signature, prior to recording with the Office of the Clerk and Recorder. 2. More Than Four (4) Lots: The Major Exemption Review Process, detailed in Section 5-403, shall be used to amend an Exemption Plat modifying lot lines, building envelopes, easement locations or other interests affecting more than four (4) Exemption Lots. An Amended Final Exemption Plat which modifies lot lines or easements affecting more than four (4) Tots or more than one (1) building envelope shall be subject to the Major Exemption Review Process set forth in Section 5-403. 6 B. Application Materials: The Final Exemption Plat Amendment! Corrected Plat review requires the following application materials as more fully described in Article V, Section 5-502: 1. Application Form and Fee 2. Preliminary Plan (5-501(G)) 3. Final Exemption Plat, Amended Final Exemption Plat 4. Subdivision Improvement Agreement, if necessary 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 Property Owner) Charles A. Bagley ( ignatur of Prope George E. Bagley 7 Date l( Date B. Application Materials: The Final Exemption Plat Amendment / Corrected Plat review requires the following application materials as more fully described in Article V, Section 5-502: 1. Application Form and Fee 2. Preliminary Plan (5-501(G)) 3. Final Exemption Plat, Amended Final Exemption Plat 4. Subdivision Improvement Agreement, if necessary I have read the statements above and have provided the required attached information which is correct and accurate to the b- t of my knowledge. ( gnature of Property Owner) / hate Charles A. Bagley (Signature of Property Owner) George E. Bagley 7 Date GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include a Payment Agreement Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES TYPE OF LAND USE ACTION BASE FEE Vacating Public Roads & Rights -of -Way $400 Sketch Plan $325 $675 + application agency review fees and outside Preliminary Plan / Conservation Subdivision consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey Preliminary Plan Amendment $325 Final Plat $200 Final Plat Amendment / Correction Plat $100 Combined Preliminary Plan and Final Plat $1,075 Minor Exemption / Amendment $300 / $300 Major Exemption / Amendment $400 / $300 Rural Land Development Option Exemption / Amendment $400 / $300 General Administrative Permit $250 Floodplain Development Permit $400 Pipeline Development Plan / Amendment $400 / $300 Small Temporary Employee Housing $50 Minor Temporary Employee Housing $250 Limited Impact Review / Amendment $400 / $300 Major Impact Review / Amendment $525 / $400 Rezoning: Text Amendment $300 Rezoning: Zone District Amendment $450 Planned Unit Development (PUD) / Amendment $500 / $300 Comprehensive Plan Amendment $450 Variance $250 Interpretation $250 Takings Determination NO FEE Planning Staff Hourly Rate • Planning Director $50.50 • Senior Planner $40.50 • Planning Technician $33.75 • Secretary $30.00 County Surveyor Review Fee (includes review of Amended Determined by Surveyor$ Plats, Final Plats, Exemption Plats) Mylar Recording Fee $11 — 1St page $10 each additional page Page 2 The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. Page 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and Charles A. Bagley and 'George E. Bagley Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for Major Exemption (hereinafter, THE PROJECT). 2. OWNER 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. OWNER 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. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER 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, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER 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. PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE) Signature Charles A. Bagley Print Name /j Mailing Address: � ild4 4 -i71 Signature George E. Bagley Mailing Address: P Page 4 6 -2o -fl Date Date GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and Charles A. Bagley and George E. Bagley Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for Major Exemption (hereinafter, THE PROJECT). 2. OWNER 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. OWNER 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. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER 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, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER 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. PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE) Signature Date Charles A. Bagley Print Name Mailing Address: Signature George E /Bagley Mailing Address: Page 4 pate COLORADO GEOLOGICAL SURVEY SUBMITTAL FORM FOR LAND -USE REVIEWS County Garfield Date Project Name Dutch Major FxPmpt 1 nn APPLICANT (or Applicant's Authorized Representative responsible for paying CGS -review fee) Name Address Charles A. Bagley and' -George F. Baggy Py .6044 County Road 233 Silt, CO 81652 Ph. No. 208-989-6939 Fax No. „ or/4/4 Section(s) Township Range Dec Lat Dec Long FEE SCHEDULE (effective June 1, 2009) Reviews for Counties Small Subdivision (> 3 dwellings and < 100 acres) $950 Large Subdivision (> 100 acres and <.500 acres) $1,550 Very Large Subdivision (500 acres or more) $2,500 Very small residential subdivisions (1-3 dwellings and < 100 acres) $600 Reviews for Municipalities At hourly rate of reviewer Special Reviews At hourly rate of reviewer School Site Reviews $855 CGS LAND USE REVIEWS Geological studies are required by Colorado counties for all subdivisions of unincorpo- rated land into parcels of less than 35 acres, under State statute C.R.S. 30-28-136 (1) (i) (Senate Bill 35,1972). Some Colorado municipalities require geological studies for sub- division of incorporated land. In addition, local governments are empowered to regu- late development activities in hazardous or mineral -resource areas under C.R.S. 24-65.1- 101 et seq. (House Bill 1041,1974) and C.R.S. 34-1-301 et seq. (House Bill 1529, 1973), respectively. Local -government agencies submit proposed subdivision applications and supporting technical reports to the Colorado Geological Survey "...for evaluation of those geologic factors which would have significant impact on the proposed use of the land," in accor- dance with State statutes. The CGS reviews the submitted documents and serves as a technical advisor to local -government planning agencies during the planning process. Since 1984, the CGS has been required by law to recover the full direct cost of perform- ing such reviews. The adequate knowledge of a site's geology is essential for any development project. It is needed at the start of the project in order to plan, design, and construct a safe devel- opment. Proper planning for geological conditions can help developers and future owners/users reduce unnecessary maintenance and/or repair costs. Colorado Geological Survey, 1313 Sherman Street, Room 715, Denver, CO 80203 • Ph 303-8662611, Fax 303-866.2461 httoJ/oeosurvev.state.c .us created 3116098. revised 4/23/19 Glenn Hartmann From: Adams, Karlyn [Karlyn.Adams@state.co.usj Sent: Wednesday, November 23, 2011 1:50 PM To: Glenn Hartmann Cc: Martellaro, Alan; Rubin, Edward Subject: Dutch Major Subdivision Exemption Comments Glenn, We have completed a preliminary review of the Dutch Major Subdivision Exemption Application, however per the March 11, 2011 Memorandum to All County Land Use Planning Directors concerning the State Engineer's Recommendation for Certain Land Use Actions, a physical adequacy review has not been completed. The applicant is requesting to divide, by exemption, a 52 acre tract into four lots. Lot 1 will be 20.5 acres, Lot 2 will be 6.6 acres, Lot 3 will be 12.7 acres, and Lot 4 will be 14 acres. The applicant proposes to use four wells to provide water to the four parcels, operating under well permit nos. 1172, 30778, 47466 and 75024-F. All parcels would have individual septic systems; irrigation water is provided through the Farmer's Irrigation Company and Silt Water. Permit no. 1172 was issued on May 14, 1958. The use of the well is limited to domestic purposes as historically used, not to exceed two single family dwellings, an acre of lawn and garden irrigation, and the watering of domestic animals. This well will be located on Lot 1 and will be shared, per a well sharing agreement, with Lot 4. Permit no. 30778 was issued on May 16, 1967. The use of the well is limited to stock watering purposes as historically used. This well will be located and used on Lot 2.. Permit no. 47466 was issued on July 16, 1971. The use of the well is limited to domestic purposes as historically used, not to exceedone single family dwelling, an acre of lawn and garden irrigation, and the watering of domestic animals. This well will also be located and used on Lot 2. Permit no. 75024-F was issued on May 2, 2011. The uses of this well are limited to fire protection, ordinary household purposes inside one single family dwelling, the irrigation of not more than 6,000 square feet of home gardens and lawns, and the watering of six domestic animals. This well operates pursuant to a contract with the West Divide Water Conservancy District. DWR's records indicate that this well was constructed on September 24, 2011. No Pump Installation Report has been received. For the applicant to maintain the validity of this permit, they must submit a Pump Installation Report prior to the permit expiration date, May 2, 2012. This well would located and used on Lot 3. So long as the applicant operates these wells within the confines of the permits and the well sharing agreement, this office has no objections to this application. Thank you for the opportunity to comment on this project. Please contact me at this office if you have any questions. Sincerely, Karlyn Adams Water Resource Engineer Colorado Division of Water Resources 1313 Sherman Street, Suite 818 Denver, CO 80203 (303) 866-3581 office (303)866-3589 fax 1 Burning Mountains Fire Protection District burningmntsfpd(a,msn.com Glenn Hartmann Garfield County Building and Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Reference: Dutch Major Subdivision Exemption November 2, 2011 Glenn: I have reviewed the referral request of Dutch Major Subdivision Exemption, file number MAEA-6931 and have the following comments for this proposed subdivision. This subdivision is located 2.7 miles from the Silt fire station and takes approximately 10 minutes to respond to this area of our fire district. In this specific area there is no year around water supply for fire fighting, (fire hydrant with in 1000'). We would be responding with a minimum of two fire apparatus to a structure fire in this area which would be bring 2,750 gallons of water for fire fighting. The minimum water supply required by the International Fire Code 2009, B105.1, is for one- and two-family dwellings having a fire -flow calculation area that does not exceed 3,600 square feet shall be 1,000 gallons per minute for 1 hour. IFC allows a fire flow reduction of 50% if the building is equipped with an approved automatic sprinkler system. NFPA 1142 Water Supplies for Suburban and Rural Fire Fighting gives a calculation for one- and two- family dwellings based on cubic feet, hazard class, and construction type. Due to no information on what size homes could be built on the lots NFPA 1142 gives no guideline for water supply. Insurance Rating Services (ISO) uses 30,000 gallons of water as a minimum approved water supply to help lower insurance rates for homes that are not within 1,000 feet of a fire hydrant. Burning Mountains Fire will require 30,000 gallons of approved year around water storage for this four lot subdivision. This water supply can be reduced by 50% if homes (any new homes), are sprinkled with an approved automatic sprinkler system. Year around water supplies shall be accessible by fire apparatus and approved by the fire department. Access easement to water supply will also be required. Fire department access roads shall be built to all weather driving surfaces and support the superimposed weight of fire apparatus. Roads that supply more that residence based on location will be 20' in width. Access roads that supply only one residence shall be a minimum of 14' of width. A fire truck turnaround shall be installed if the access road is longer than 150' from main access road. Please contact me with any questions or concerns. Orrin D. Moon, Fire Marshal President, Karen Maddalone-Cochran Secretary, Kevin Erpestad Director, John Moore Jr. Treasurer, Jim Voorheis Director, Megan Richards Fire Chief, Brit C. McLin oTEC7, 1850 Railroad Avenue z RIFLE COLORADO Rifle, Colorado 81650 Phone: 970-625-1243 Fax: 970-625-2963 www.riflefiredept.org Private Water Supply Systems The adopted fire code for both the city of Rifle and Garfield County is the 2009 International Fire Code (IFC) 1. All buildings require an adequate supply of water designated for fire fighting (IFC 507.1). This water supply should be in place prior to construction and meet all other requirements of IFC ( 507.5 & Appendix C —fire hydrants, Appendix D- fire apparatus access roads,...) 2. A Municipal water source is the most reliable and effective water source. 3. Fire Flow Requirements are based off Appendix B in the IFC- The minimum requirement for a building of type IIIB construction and 14,000 square feet is 2,500 gpm for 2 hours -- 300,000 300,000 gallons at 20 psi. This can be reduced by meeting the requirements of IFC B105.2. 4. IFC B 103.3 does allow the fire code official to utilize NFPA 1142 or the International Wild land Interface Code in areas in which adequate and reliable water supply systems do not exist. 5. The following two options have been allowed by the fire district in the past and can be considered when all of the above is impractical. THE FOLLOWING CAN ONLY BE ALLLOWED WITH WRITTEN APPROVAL BY THE FIRE PREVENTION DIVISION AND MAY AFFECT THE FIRE DISTRICT'S ABILITY TO ADEQUATELY PROTECT THE PROPERTY INVOVLED AND POSSIBLY INSURANCE RATES. • The fire district has allowed in the past a minimum of 30,000 gallons of fire protection water for subdivisions of 3 or more homes .AII pipes, pumps, cisterns, ponds, etc. must meet nationally recognized standards and be maintained. System is to be in place prior to issuance of building permits. It should be noted that this is the minimum amount of water necessary to meet the Districts requirements and our ability to fight a fully involved structure fire in these areas is limited. • If it is impractical for any of the above to be implemented, a requirement of fire sprinkler systems to be installed on all buildings can be implemented. This may also required an approved fire alarm system. 6. Design of the water supply system should take into account future growth. Building size, construction type and how close buildings are to one another could require an increase in water supply or restrict what can be built in the future. In addition, any building that requires a fire sprinkler system could increase the required storage and/or the need for code complaint fire pumps. 7. A private water supply system has to be designed to meet all applicable codes. A stamped engineered set of plans for the design of the private water system must be submitted and reviewed by the fire prevention division. 8. A functional test of the system is required by the fire district prior to occupancy with the design engineer, installer and owner /manager present. RIFLE COLORADO 1850 Railroad Avenue Rifle, Colorado 81650 Phone: 970-625-1243 Fax: 970-625-2963 www.riflefiredept.org 9. Private water supply systems shall be periodically inspected, tested and maintained according to NFPA 25 (IFC 507.5). Documentation of the responsible party, the schedule and client training shall be provided by the designer of the water supply system to the fire district. 10. Maintenance records shall be maintained by the owner for three years. 11. The fire district will schedule an annual functional test of the system with the owner or his designee. 12. All water storage tanks shall have freeze protection. November 3, 2011 Mr. Glenn Hartmann Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 CIVIL AND ENVIRONMENTAL CONSULTING AND DESIGN MOUNT/iIN CROSS ENGINEERING, INC. ...______ ______; RE: Review of Dutch. Major Subdivision Exemption; MAEA-6931 Dear Glenn: NOV 142:'# This office .has performed a review of the documents provided for the Major Subdivision Exemption Permit Application of the Dutch Major Subdivision Exemption. The submittal was found to be thorough and well organized. The following questions, concerns, or comments were generated: 1. There is a well, Permit No. 30778, which is shown on Lot 2 that has no easement. The application materials do not describe what is intended for this well. The Applicant should identify the proposed use of this'well, per Section 7-104 of the ULUR. 2. The application materials show evidence of irrigation rights but do not specify the intent of how these -are to be divided among the four proposed lots. The Applicant should address their intent, per Section 7-104 of the ULUR. 3. The Applicant proposes to submit a well sharing agreement that is, ":..substantially similar..." to the one included in the application. The Applicant proposes to submit this prior to approvals. The well sharing agreement is a requirement of Section 7-104 of the ULUR. This office would recommend a fmal agreement be submitted as part of the application materials however this office would defer to the determination of Garfield County Legal staff on a deferred submission and whether or not it is substantially similar. 4. The Applicant proposes to submit the pump test and waterquality results of the wells prior to approvals. These tests were not submitted with the application. materials. No evidence of an adequate, physical water supply was included. The Applicant should provide evidence of adequacy of the physical supply for all the wells, per Section 7-104 of the ULUR. 5. The application explains the proximity to fire protection services and proposes that the irrigation water might be used for fire protection. To comply with Section 7-403 of the ULUR the Applicant should contact the local Fire Protection District and obtain their approval: 6. The Applicant will need to obtain 'Access Permits from Road and Bridge for the proposed driveways for Lots 2 and 3, per Section 7-108 of the ULUR. 826 1/2 Grand Avenue • Glenwood Springs, CO 81601 PH: 970.945.5544 • FAX: 970.945.5558 • www.mountaincross-eng.com Dutch Major Exemption Page 2 of 2 November, 2011 7. The Applicant should provide evidence from the applicable utility companies that service will be provided to the proposed exemption lots, per Section 7-107 of the ULUR. Feel free to call if you have any questions or comments, Sincerely, Mountai/ Cross Engineer Chris Hale, PE MOUNTAIN CROSS ENGINEERING, INC. Civil and Environmental Consulting and Design 826 Y2 Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com Glenn Hartmann From: Steve Anthony Sent: Wednesday, October 26, 2011 3:45 PM To: Glenn Hartmann Subject: Dutch Major Sub. Comments Attachments: MemoDutchsubExemption.doc; GARFIELD COUNTY NOXIOUS WEED LIST2010.doc; 2011 RussianOliveTamariskProgram.doc Hi Glenn Here are my comments on the Dutch Major subdivision exemption. Also attached is the County Noxious Weed List and information about the county's Russian olive and Tamarisk program. I drove by the site this morning and there are several Russian olive trees, possibly some Scotch thistle but I couldn't tell for certain. Steve Anthony Garfield County Vegetation Manager 0298 CR 333A Rifle CO 81650 Office: 970-625-8601 Fax: 970-625-8627 Email: santhonya,garfield-county.com 1 MEMORANDUM To: Glenn Hartmann From: Steve Anthony Re: Comments on the Dutch Major Subdivision Exemption (MAEA-6931) Date: October 26, 2011 Staff requests that the applicant survey the property for Garfield County listed noxious weeds and provide a weed inventory and weed map of the site. There are some Russian olives on site and there may be Scotch thistle located on the property as well. It is requested that the applicant provide a weed management plan that addresses inventoried, County listed noxious weeds. Staff can assist in weed identification if necessary and the county does offer a weed -cost share program that offers partial financial reimbursement for the treatment of county -listed noxious weeds. There is also a program available that assists county landowners in the treatment of Russian olive and tamarisk trees. This office is available to provide weed identification assistance if necessary. GARFIELD COUNTY NOXIOUS WEED LIST STATE DESIGNATIONS Common name Leafy spurge Russian knapweed Yellow starthistle Plumeless thistle Houndstongue Common burdock Scotch thistle Canada thistle Spotted knapweed Diffuse knapweed Dalmation toadflax Yellow toadflax Hoary cress Saltcedar Saltcedar Oxeye Daisy Jointed Goatgrass Chicory Musk thistle Purple loosestrife Russian olive Also State Listed species: Absinth wormwood Scientific name Euphorbia esula Acroptilon repens Centaurea solstitalis Carduus acanthoides Cynoglossum officinale Arctium minus Onopordum acanthium Cirsium arvense Centaurea maculosa Centaurea diffusa Linaria dalmatica Linaria vulgaris Cardaria draba Tamarix parviflora Tamarix ramosissima Chrysanthemum leucantheum Aegilops cylindrical Cichorium intybus Carduus nutans . Lythrum salicaria Elaeagnus angustifolia State List B B A B B C B B B B B B B B B B C C B A B Artemsia absinthium B Garfield County Weed Management Russian-Olive/Tamarisk Program (1/2 acre or larger infestations) for 2011 On-site visit required by Garfield County Vegetation Management before application is accepted. The maximum amount of time spent on one property for this program is eight working days per calendar year. Method of removal: *State Wildland Inmate Fire Team -SWIFT (from Rifle Correctional Facility) OR Western Colorado Conservation Corps (WCCC) How the program works: Item Map Turn in application Review applications If accepted Cut Initial treatment Slash pile management Options -leave as is, chip, or burn (Burn permits are required. Contact local fire authority or public health office) Follow-up treatment Responsible Party Landowner Landowner Garfield County Garfield County (SWIFT or WCCC) Garfield County (Labor) Landowner (chemical costs) Landowner Landowner Please note -program priorities are: Isolated infestations of Russian olive and tamarisk Infestations near vectors of spread (waterways, roads, etc.) 2011 Garfield County Russian-olive/Tamarisk Application Please read and fill our entire application. Incomplete applications will not be processed. No exceptions. PROGAM ACTIVE: Until -4/1/11 and after 9/15/11 Return to: Att: Garfield County Vegetation Management 0298 CR 333A Rifle, CO 81650 Land location: Landowner: Landuser: Mail address Mail address City Zip City Zip Phone Number Phone number Russian-olive/Tamarisk Management Plan Name Address Pre -application on site visit by Garfield County Vegetation Management (625-8601) MUST be verified by signature below before application is accepted. Garfield County Vegetation Mgt. Date 1. Targeted weed 2. Total acres Current amount of infested acres 3. Describe the areas you plan to treat. 4. What method of slash pile management will you use? 5. What methods of follow-up treatment will you use? a. Herbicides. List product name and rate and timing of application. b. Alternative methods. Sketch project area or attach map. Map must include weed species, location and stand density. Also include any irrigation ditches, roads, fences or buildings. IT IS YOUR RESPONSIBILITY TO FILL OUT THE APPLICATION. IF YOU HAVE ANY QUESTIONS OR CONCERNS CALL GARFIELD COUNTY VEGETATION MANAGEMENT AT 625-8601 Agreement and Release - Russian-olive/Tamarisk Program ("Program") 1. The undersigned certifies that he/she is the owner of the property ("Property"), subject to the Program, or is an authorized representative of the owner. 2. The undersigned is over 18 years of age and is aware that: (1) pesticides are a controlled and dangerous substance; 2) the use of machinery and equipment in the removal of Tamarisk and Russian-olive has inherent risks; (3) application of pesticides under any circumstances is a hazardous activity, even if performed by a knowledgeable and certified applicator; and (4) there may be hazards from or conditions to participation in the Program that are not immediately apparent. 3. Consistent with the Program responsibilities, outlined above, the undersigned gives permission for: a. SWIFT or WCCC to enter the Property and use chain saws and other equipment needed to remove Russian-olive and/or Tamarisk; and b. The Garfield County Vegetation Management Director or his authorized representative to enter the Property and apply one or more chemical herbicides to the resulting vegetative remnants. 4. Consistent with the Program responsibilities, outlined above, the undersigned agrees to: a. Reimburse Garfield County, within 30 days of invoice, for the cost of chemicals used, not labor, in the initial treatment referred to in paragraph 3.b., above; b. Manage resulting slash piles of Russian olive and/or tamarisk, including applying for a Burn Permit if management is by burning; and c. Engage in follow-up chemical treatment of re-growth. 5. The undersigned certifies that he/she will strictly adhere to the label restrictions of chemical(s) used in follow-up treatments of Russian-olive and Tamarisk re-growth and, if restricted pesticides are used, agrees that a certified applicator will apply the chemicals. 6. The undersigned, as Property owner or on behalf of the owner, acknowledges that the County is applying chemical herbicides, SWIFT or WCCC is using equipment to cut vegetation, and that the Property owner has follow-up management and treatment responsibilities in the Program. The undersigned: a. Assumes the risk of loss or damage to the land and any person, structure or personal property located on the Property; b. Releases the County and its officers, employees, agents, authorized volunteers (including without limitation the Garfield County Weed Board) and contractors from any and all claims for damage to any person or property arising out of, connected with or resulting from the chemical herbicide application and use of machinery and equipment on the Property; c. Indemnifies and holds harmless the County, its officers, employees, agents, authorized volunteers and contractors from and against any and all claims, liabilities, causes of action, damages or legal proceedings of any kind, including attorney's fees, brought by anyone, including third-parties, arising out of, connected with, or resulting from the Program, other than those resulting from the negligence or willful misconduct of the County, its officers, employees, agents, authorized volunteers or contractors; and d. Agrees to defend the County, its officers, employees, agents, authorized volunteer and contractors against any and all such claims, damages, actions or other proceedings. Signature (Landowner or authorized representative) Date Glenn Hartmann From: Jim Rada Sent: Friday, October 28, 2011 1:39 PM To: Glenn Hartmann Subject: MAEA-6931 Dutch major Subdivision Exemption Glenn No issues with the referenced application. Thanks for the opportunity to review. Jim Rada Environmental Health Manager Garfield County Public Health 195 W.14th Street Rifle, CO 81650 Phone - 970-625-5200 x8113 Direct - 970-625-6383 Fax - 970-625-8304 Cell - 970-319-1579 Irada0garfield-county.com www.garfield-county.com STATE OF COLORADO COLORADO GEOLOGICAL SURVEY Department of Natural Resources 1313 Sherman Street, Room 715 Denver, CO 80203 Phone: (303) 866-2611 Fax: (303) 866-2461 November 4, 2011 Mr. Glenn Hartmann Garfield County Building and Planning 108 8th Street Suite 401 Glenwood Springs, CO 81601 ghartmann @garfield-county. com Re: Dutch Major Subdivision, GA -12-0001_1 Dear Mr. Hartmann: COLORADO DEPARTURALMENT' OF NAT RESOURCES John Hickenlooper Governor Michael King Executive Director Vincent Matthews Division Director and State Geologist Thank you for the submittal of the above referenced proposal. The proposal is to subdivide 52 acres into four single-family lots. Existing homes are located on Lots 1 and 4. Lot 2 is 6.6 acres and Lot 3 is 12.7 acres in size. An irrigation ditch serves as the boundary between Lots 1 and 2 and another irrigation easement serves as the boundary separating Lot 1 from Lots 3 and 4. Most of the site is irrigated fields. A soil survey report was submitted with the application. Except for Lot 2, the site generally slopes gently. The center of Lot 2 contains a ridge that slopes steeply north and south of the ridge. Small east -west drainage crosses the north section of Lot 2. There do not appear to be any geologic hazards that will prevent additional site development. However, there are several soil and slope constraints that should be considered when building sites are selected and homes are built. Slope Instability Lot 2 appears to be underlain by claystone, mudstone, siltstone and sandstone of the Shire member of the Wasatch Formation. This geologic unit is prone to landsliding on steep slopes. Some soil creep is evident on steeper slopes within Lot 2. Large-scale instability is unlikely; however, construction -related instability could occur if steep cuts were made into the hillside. Home sites and septic systems should be located where minimal grading is required. Accelerated Erosion Except for Lot 2, most of the site appears to be underlain by wind-blown loess and sheetwash deposits. Gullying commonly occurs in sheetwash and loess deposits where runoff is concentrated. Piping can also be found in roads in the area. Areas disturbed during construction should be protected against erosion and revegetated. If possible, runoff should not be concentrated and should not be discharged, in an uncontrolled manner, down steeper slopes. Hydrocompaction Poorly consolidated wind-blown loess and sheetwash deposits are prone to hydrocompaction. Such soil may become unstable when wetted and/or loaded and can damages homes and septic systems. Building sites should be evaluated for hydrocompactive soil. November 4, 2011 Page 2 Mr. Glenn Hartmann Expansive Soil Soil across the site can also contain silty clays that may be expansive when wet. Such conditions would likely be limited and not a high risk. Summary In summary, before building permits are issued, it would be prudent for the county to require that a site-specific soils and foundation investigation be done for each lot. Due to erosion and stability concerns, minimizing grading is recommended, especially on steeper areas within Lot 2. Please contact me if you have any questions or concerns. I can be reached at 303.866.2611 ext. 8315 or by email at Icaren.berrystate.co.us. Sincerely, Karen A. Berry Acting Deputy Director Geological Engineer, PG, AICP, CPESC-SWQ Nov, 2. 2011 1:18PM No. 1075 P. 1 XcelEnergysM PUBLIC SERVICE COMPANY November 2, 2011 Garfield County Building and Planning Department 108 — 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Fax: 970-384-3470 Attn: Glenn Hartmann Right of Way & permits 1123 West 3i° Avenue Denver, Colorado 80223 Telephone: 303.571.3306 Facsimile: 303. 571.3524 d on n a.I.ge orge@xcelene rgy. Com Re: Dutch Major Subdivision Exemption Public Service Company of Colorado (PSCo) has reviewed the plans for Dutch Major Subdivision Exemption and has no apparent conflict. Should there be future development within the proposed subdivision, the property owner/developer/contractor must contact the Builder's Call Line at 1-800-628-2121 and complete the application process for any new gas or electric service, or modification to existing facilities. It is then the responsibility of the developer to contact the Designer .assigned to the project for approval of design details. Additional easements may need to be acquired by separate document for new facilities. As a safety precaution, PSCo would like to remind the developer to call the Utility Notification Center, at 1-800.922.1987 to have all utilities located prior to any construction. If you have any questions about this referral response, please contact me at (303) 571- 3306. Sin erely, )4d)j Donna George Contract Right of Way Referral Processor Public Service Company of Colorado Glenn Hartmann From: Janet Aluise [jaluise@townofsilt.org] Sent: Wednesday, November 02, 2011 3:50 PM To: Glenn Hartmann Cc: 'Pamela K. Woods' Subject: Dutch Major Exemption Application Hello Glenn: The Silt Planning & Zoning Commission reviewed the Dutch Major Exemption application at its November 1, 2011 regular meeting. The Commission had the following comments: 1) The Town would prefer to see clustering of housing units and the bulk of land held in common ownership, with the ability to preserve farmland; 2) The Town would prefer to see central water and sewage disposal systems, in order to avoid contamination of ground water and the waste of valuable land for leach fields; 3) The Town would respectfully request that all traffic from these proposed Tots utilize Ukele Lane, which would minimize impact to Town streets (western Harness Lane) and 1st Street from a county development. Thanks very much for the opportunity to comment on this application. Janet Aluise, Community Development Director Town of Silt 231 N. 7th Street P.O. Box 70 Silt, CO 81652 (970) 876-2353 Ext. 14 (970) 876-2937 Fax jaluise@townofsilt.org www.townofsilt.org 1