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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.Qarfield-county.com RECEJVED JUN 0 i 20;0 GARFIELD COUNTY Bull ,n!Nr & PLANNING SUBDIVISION APPLICATION (CHECK THE BOX THAT APPLIES) O SKETCH PLAN (optional) O CONSERVATION SUBDIVISION ❑ PRELIMINARY PLAN ❑ PRELIMINARY PLAN AMENDMENT ❑ FINAL PLAT ❑ FINAL PLAT AMENDMENT / CORRECTION PLAT El COMBINED PRELIMINARY PLAN & FINAL PLAT GENERAL INFORMATION (Please print legibly) • Name of Property Owner: F•to to A4r11Li neiti • Mailing Address: 44 L Telephone: (rLo) D1 S • City: este, ..evoj, ,.1.,.41 State: Co Zip Code: %LW, t Cell: ( ) i E-mail address: retl,IL.1 AD t'. to Oreo . c w% FAX: ( ) Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc): Te.a 4 Ar -Ase.. �vw. > Mailing Address: V.v. ,off IA_1 t Telephone: (gt-i.o ) City: 1,11ltrOJ A rI s State: Go Zip Code: ,(,G r'LCelI: (fJ o )i. L , - v,Fgl • E-mail address: .? 4-►oD r14 . r4 --- FAX: (oily )',,4V y Location of Property: Section 7h` Township ICj 6 Range '..o Assessor's Parcel Number: v - v� 0 -! - Practical Location / Address of Property: A- Z3 t.-1-er�wr41.0 Lo4aa� y Current Size of Property to be Subdivided (in acres): 1s0. i.i- • Number of Tracts / Lots Created within the Proposed Subdivision: *' Last Revised 12/24/08 GENERAL INFORMATION continued... y Proposed Water Source: v4lcILa c gla) ✓ (See "Attachment C" to be completed with Preliminary Plan Application) • Proposed Method of Sewage Disposal: ! Gvt7h ✓ Proposed Public Access VIA: 1-1.y y Easements: Utility: Ditch: s Total Development Area (fill in the appropriate boxes below): (1) Residential trigle"FitirrilltYrr Duplex, Units ! Lots 44-L.4'- 4 Size'{Acres' vo_-1.7• Parking Provided A 4 Mobile Home Total Om. Area (eq. ft.) Size (Acres) Parking Provided {2) Co mmer'cial (3) industrial (4) Public! Quasi Pul lic {5) Opel Space`! common Are4 atal The following general application materials are required for all types of subdivisions In Garfield County. Application materials that are specific to an individual application type (Conservation Subdivision, Preliminary Plan, etc.) are detailed in Section 5-501 of Article V 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 form. 2. A narrative explaining the purpose of the application anq supporting materials that address the standards and criteria found in Article VII of the Unified Land Use Resolution of 2008. 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. 2 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. 7. 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. The following section outlines and describes the subdivision processes for the variety of subdivision actions that are governed by the Board of County Commissioners by the Unified Land Use Resolution of 2008 (ULUR). Please refer to Article V in the regulations themselves for a higher level of detail. I. THE SKETCH PLAN The sketch plan process (more fully defined in Article V, Section 5-301 of the ULUR) is an optional plan review process intended to review at a conceptual level the feasibility and design characteristics of the proposed division of land. The Yield Plan Review process, set forth in Section 5-309, may be combined with Sketch Plan Review for applications proposing Conservation Subdivision. A. Process: The Sketch Plan Review process shall consist of the following procedures and as more fully described in Article V, Section 5-301 of the ULUR: 1. Application 2. Determination of Completeness 3. Evaluation by Director/Staff Review 4. Review by Planning Commission B. Application Materials: The Sketch Plan review process is set forth in Article V, Section 5-301 of the ULUR, Sketch Plan Review and requires the following materials. 1. Application Form and Fees 2. Vicinity Map (5-502(C)(2)) 3. Yield Plan (required for Conservation Subdivision) 4. Sketch Plan Map (5-502(C)(2)) 5. Land Suitability Analysis (4-502(D)) 3 II. THE CONSERVATION SUBDIVISION The Conservation Subdivision (as described in Article V, Section 5-308 of the ULUR) is a clustered residential development option that allows reduced lot size and provides density bonuses in exchange for preservation of rural lands through provision of open space. A Conservation Subdivision shall be designed as a Density Neutral Development Pian or an Increased Density Development Plan. The design standards for each development Plan option are set forth in Article VII, Section 7-501 of the ULUR. A. Process: Conservation Subdivision Review process is the same as the general subdivision process with the addition of the Yield -Plan Review. The overall Conservation Subdivision Process shall consist of the following procedures and as more fully described in Article V, Section 5-301 of the ULUR: 1. Pre -Application Conference 2. Sketch Plan (optional) 3. Yield Plan Review (Can be reviewed concurrently with Preliminary Plan) 4. Preliminary Plan Review 5. Final Plat Review B. Application Materials: The Conservation Subdivision review requires the following application materials that can found more fully described in Article V, Sections 5-502 and 7-501 of the ULUR: 1. Application Form and Fees 2. Sketch Plan (Optional) (5-501(J)) 3. Yield Pian (5-502(C)(8)) 4. Preliminary Plan (5-501(G)) 5. Final Plat (5-501(E)) 6. Narrative addressing Design Standards (7-501 through 7-503) III. THE PRELIMINARY PLAN The preliminary plan review process will review the feasibility and design characteristics of the proposed subdivision based on the standards set forth in Article VII, Standards. The preliminary plan process will also evaluate preliminary engineering design. The Director may allow the preliminary plan and the final plat process to be combined if the proposed subdivision has seven (7) parcels or less and development of the lots does not require extensive engineering. A. Process: Preliminary Plan Review process shall consist of the following procedures and as more fully described in Article V, Section 5-303(B) of the ULUR: 1. Pre -Application Conference 2. Determination of Completeness 3, Evaluation by Director/Staff Review 4 4. Public Hearing and Recommendation by Planning Commission 5. Public Hearing and Decision by Board of County Commissioners B. Application Materials: The Preliminary Plan review requires the following application materials as more fully described in Article V, Section 5-502: 1. Application Form and Fees 2. Preliminary Plan Map 3. Yield Plan (Conservation Subdivision only) 4. Open Space Plan, preliminary 5. Open Space Management Plan 6. Landscape Plan (Common Ownership Areas) 7. Impact Analysis 8. Land Suitability Analysis 9. Lighting Plan consistent with standards in 7-305 10. Visual Analysis 11. Preliminary Engineering Reports and Plans a) streets, trails, walkways and bikeways b) engineering design and construction features for any bridges, culverts or other drainage structures to be constructed c) identification and mitigation of geologic hazards d) sewage collection, and water supply and distribution system e) Erosion and Sediment Control Plan f) Water Supply Plan g) Sanitary Sewage Disposal Plan 12. Draft Improvements Agreement, Covenants and Restrictions and By-laws IV. THE PRELIMINARY PLAN AMENDMENT Any proposal to change a preliminary plan approved under these Regulations shall require application to the Director for Amendment of an Approved Preliminary Plan. The Director shall review the application to determine whether the proposed change constitutes a substantial modification to the approved plan as more fully described in Article V, Section 5- 304. (A substantial modification is defined as a Substantial Change in Article XVI: Definitions) A. Outline of Process. The review process for a proposed Amendment of an Approved Preliminary Plan shall consist of the following procedures. 1. Pre -Application Conference 2. Application 3. Determination of Completeness 4. Evaluation by Director/Staff Review 5. Decision by Director B. Application Materials: The Preliminary Plan Amendment review requires the following application materials as more fully described in Article V, Section 5-501(H): 5 1. Application Form 2. Written Statement of proposed amendment(s) 3. Supporting documents necessary to evaluate the proposed revision(s) V. THE FINAL PLAT REVIEW Unless otherwise provided by these Regulations, the applicant must receive preliminary plan approval before beginning the final plat process. The final plat review is to formally finalize the actions resultant from the preliminary plan in order to complete the subdivision process. A. Outline of Process. The Final Plat Review process shall consist of the following procedures: 1. Application 2. Determination of Completeness 3. Evaluation by Director/Staff Review 4. Review and Action by Board of County Commissioners 5. Recordation of Plat B. Application Materials: The Final Plat review requires the following application materials as more fully described in Article V, Section 5-502: 1. Application Form and Fee 2. Final Plat 3. Final Engineering Reports and Plans a) Streets, trails, walkways and bikeways b) Engineering design and construction features for any bridges, culverts or other drainage structures to be constructed c) Mitigation of geologic hazards d) Sewage collection, and water supply and distribution system e) Soil suitability information f) Groundwater drainage g) Erosion and Sediment Control Plan (4-602 C. 4.) h) Final cost estimates for public improvements 1) The certification listing all mortgages, liens judgments, easements, contracts, and agreements of record regarding the land to be platted and the Board of County Commissioners may require, at its discretion, that the holders of such mortgages, liens, judgments, easements, contracts or agreements shall be required to join in and approve the application for Final Plat approval before such Final Plat is accepted for review. All other exceptions from title shall be delineated. 4. Landscape Plan (Common Area) (4-602 5.) 5. Open Space Plan (if applicable) 6. Open Space Management Plan (If applicable) 6 7. Improvements Agreement, if applicable [include record drawings in digital format, (4-602 J.)] 8. Letter of Intent for service from all of the utility service providers a) Contract for Service, required prior to Final Plat recordation. 9. Final Declarations of Covenants and Restrictions, HOA articles of incorporation and bylaws 10. Final Fees to be paid (School -Land Dedication / Traffic Impact Fees) VI. THE FINAL PLAT AMENDMENT / CORRECTION PLAT REVIEW The purpose of the Final Plat Amendment review is to allow for certain amendments to an approved Final Plat. An amendment may be made to a recorded Final 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 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 a Final Plat or an Exemption Plat shall consist of the following regardless of whether the division was initially approved as a subdivision or an Exemption: 1. Four (4) Subdivision Lots: The Administrative Review Process, detailed in Section 4-104 of Article IV, shall be used for review of a request to amend or correct a Final Plat modifying lot lines, building envelopes, easement locations or other interests affecting up to four (4) subdivision lots. An Amended Final Plat or an Amended Exemption Plat which modifies lot lines or easements affecting not more than two (2) adjacent lots or 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 Plat to the Board of County Commissioners for signature, prior to recording with the Office of the Clerk and Recorder. 2. More Than Four Lots: The Major Exemption Review Process, detailed in Section 5-403, shall be used to amend a Final Plat or an Exemption Plat modifying lot lines, building envelopes, easement locations or other interests affecting more four (4) subdivision Tots or Exemption Lots. An Amended Final Plat which modifies lot lines or easements affecting more than four (4) subdivision Tots or more than one (1) building envelope shall be subject to the Major Exemption Review Process set forth in Section 5-403. B. Application Materials: The Final 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)) 7 3. Final Plat, Amended Final Plat 4, Subdivision Improvement Agreement, if necessary The Director may allow the Preliminary Plan and the Final Plat process to be combined if the proposed subdivision has seven (7) parcels or Tess and development of the Tots does not require extensive engineering. (Section 5-303) No submittal of a combined application shall be allowed until the Director has made a determination after holding a pre -application conference. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. ature • Pr•perty Owner) 8 H- a- °1 Date rI/z/O (' GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) 11 r GARFIELD COUNTY (hereinafter COUNTY) and (PG L C� G est -104 Property Owner (hereinafter OWNER) agree as follows: 1.1 OWNER has sub fitted to CO NTY an application for P «-- ' 1.4" h(r- ' ehU D G�„(,Ll:,t1.4t;r, (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. PROP RTY OWN OR AUTHORIZED REPRESENTATIVE) Signature Pit Name �{ ! /Pr2V Ma mg A dress: Li 5 ,X75 Hw �- -� .-6) Date cam. 'PA GO\ Page 4 GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-countv.com REC IV AI) ?OM GARFIELD COUNTY BUILDING & PLANNING C FF Ick= i 121❑0000❑ SUBDIVISION APPLICATION (CHECK THE BOX THAT APPLIES) SKETCH PLAN (optional) CONSERVATION SUBDIVISION PRELIMINARY PLAN PRELIMINARY PLAN AMENDMENT FINAL PLAT FINAL PLAT AMENDMENT / CORRECTION PLAT COMBINED PRELIMINARY PLAN & FINAL PLAT GENERAL INFORMATION (Please print legibly) > Name of Property Owner: F,zo k rel Jul C/A -C-3 veiel ti • Mailing Address:[*4.."5 +�c.1..wa." LP Telephone: (en,o) o>11- O1 ► > City: L.4e,,,..,reoj. s State: C.c Zip Code: ti,tl.v 1 Cell: ( ) > E-mail address: rdvti .? T'tiin t,rs✓>t . CAP nr+ FAX: ( ) > Name of Owner's Representative, if any, (Attorney. Planner, Consultant, etc): L. T,w,.. ,� - 34 , r,. —r . d AAA . > Mailing Address: V.a. tSole. 1,71.1.1 Telephone: (q -t(:) 411A- 12231 • City: Le saa G,r.,;is State: Go Zip Code: 2Lt.o1LCell: ( -t o) tr t t - o+11 • E-mail address: 1� .) hop ric. IM1t FAX: (��o )'t4V --tq I4. > Location of Property: Section hi' Township 41 Range di,o > Assessor's Parcel Number: 1, - G - ©o - > Practical Location / Address of Property: .4.4. ti '23 L-401Like Ai Ls > Current Size of Property to be Subdivided (in acres): 1"9. 1.'4 • Number of Tracts / Lots Created within the Proposed Subdivision: • - It e, Last Revised 12/24/08 Proposed Water Source: (See "Attachment C" to be Proposed Method of Sewage Proposed Public Access Easements: Utility: Ditch: Total Development Area GENERAL INFORMATION continued... r,,14'.4;44,,♦,( vel e L [ a C L J) completed with Preliminary Plan Application) Disposal: L Amit) VIA: R.,(..vy Le (fill in the appropriate boxes below): (1))(7 tdent( bilis Lo " rq:di-iiilvT a 1rd Provided �i, �% �t � mss.., - > .. ,�, � s � {y;'i r ° 1.,wk -- 4 '7/0 . -v-1. 'i/ ti �Ir►�L4 v r 4. 1 A, ?VI. 14, Mil, I Uejlt A AQ). ';; ,a orArea fstt.f.lr = fi e (Acres);; Parkin si Provided, 1 1. e°..1 £•. r t s (3) Ind ustrla , ( 4) PubtIa / asl- l < , (5) O -1 ce-t on re a utiri"�gg yi ( (j1dy`(FE'$' g6„ AY^�.. ��9Y T Y .e EE �"' � d %'Y 3'g '��•hf i 1 The following general application materials are required for all types of subdivisions In Garfield County. Application materials that are specific to an individual application type (Conservation Subdivision, Preliminary Pian, etc.) are detailed in Section 5-501 of Article V 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 form. 2. A narrative explaining the purpose of the application ancj supporting materials that address the standards and criteria found in Article VII of the Unified Land Use Resolution of 2008. 3. Copy of the deed showing ownership. Additionally, submit a letter from the properly 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. 2 3. Final Plat, Amended Final Plat 4. Subdivision Improvement Agreement, if necessary The Director may allow the Preliminary Plan and the Final Plat process to be combined if the proposed subdivision has seven (7) parcels or less and development of the Tots does not require extensive engineering. (Section 5-303) No submittal of a combined application shall be allowed until the Director has made a determination after holding a pre -application conference. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. ature • r. perty Owner) 8 11- oat Date ii707o GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) _ 1 r GARFIELD COUNTY (hereinafter COUNTY) and F-06 £ C'r A4,-LiGealo 044 Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has =ild to COLINTY an application for P nor►- 12 Lift" (7 �- ,nti pG�, �:,«�,,� (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. PROP RTY OWN OR AUTHORIZED REPRESENTATIVE) Signature Date h Pit Name I Mai aI g A dress: Li� w Page 4 JOHN L. TAUFER & ASSOCIATES, INC. Landscape Architecture / Land Planning May 27. 2010 Molly Orkild-Larson, Senior Planner Garfield County Building & Planning Department 101 W. 8th Street Ste 400 Glenwood Springs, Colorado 81601 Re: Old Orchard Subdivision- Combined Preliminary Plan/Final Plat Dear Molly, On behalf of Roc and Mary Gabossi, we are re -submitting the combination Preliminary Plan/Final Plat application for the Old Orchard Subdivision. We desire for the application, dated May 27, 2010, to be submitted and reviewed under the amended Combined Preliminary Plan/Final Plat ( 5-501(K), review process. The application addresses the information you requested in your letter dated April 23, 2010 regarding our previous submittal as being technically incomplete. In addition, some of the information you requested was answered or clarified during our meeting with you and Debbie Quinn on May 14, 2010. We did provide you, at the meeting, with an updated Title Commitment, proof of the transfer of irrigation water and proof of the transfer of potable water from the previous owner. New information contained in the application consists of the following; • Garfield County Standard S1A • Review Project Summary ( includes information regarding flora, a request to allow a dead end road to exceed 600 feet in length), erosion control and cost estimates for improvements • Declaration of Irrigation Water Use and Maintenance ( creates HOA for irrigation water) • Revisions to Declaration of Well Water Use and Maintenance ( filing of annual reports) • Included 3' high berm on Lot 3 ( Sheet 3 — Driveway Plan and Profile ) • Included cost of 3' high berm and potable water lines in Cost Estimate • Provided narrative for Article VII, Divisions 1,2,3 and 4 and Division 8 Section 7- 801 • Revised Plat to read " Final Plat" 909 Colorado Avenue • Box 2271 • Glenwood Springs, CO 61 602 (970) 945-1337 • FAX (970) 946-7914 • Included new Certificates on Final Plat • Included County Plat Notes on Final Plat • Included emergency services easement for access to pond on Lot 1 Thank you for your attention in reviewing the application. Sincerely, fohn L. Taufer, Owners Representative GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401, Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 0375 CR 352, Bldg #2060, Rifle, CO 81650 Telephone: 970.625.5903 Facsimile: 625.5939 www.garfield-county.com PRE -APPLICATION CONFERENCE SUMMARY DATE: 7/3/ 2009 Parcel: 21233500185 PROJECT: Rocky Gabossi SUB (4 -lot SUB) 44523 Hwy 6 GWS OWNER: Roc and Mary Ann GABOSSI REPRESENTATIVE: John L. Taufer (945-1337) John L. Taufer & Associates, Inc. PO Box 9109 GWS 81602 PRACTICAL LOCATION: East of Canyon Creek on Hwy 6/24, east side of hwy TYPE OF APPLICATION: 4 -lot subdivision R Current Zoning: Rural I. GENERAL PROJECT DESCRIPTION Project is a 4 -lot residential subdivision in the Rural zone. The current location is a 20.22 - acre parcel owned by Rocky Gabossi at 44523 Hwy 6, Glenwood Springs. The location of the parcel is north of the Interstate and is residential and agricultural (orchard) in nature. There are two existing access points on the parcel, driveway to the existing residence and agricultural on the west side of the parcel. Applicant is seeking a NOl from CDOT to change agricultural access to residential. CDOT has reported approved the location. The parcel is fenced with agricultural barbed wire fencing, and can be described as having three distinct areas: orchard along old highway, residential yard area and canyon setting to the back of the parcel. Applicant proposes 4 lots (2 acre minimum), one to include existing residence and preserve much of the existing orchard. Three new lots would access via shared location on the west to a cul-de-sac. Applicant proposes to call the development `Old Orchard Subdivision' and has completed a Sketch Plan review. The following are recommendations from the associated Sketch Plan Staff Report: • Review and respond to changes to the Town of New Castle Comprehensive Plan • Respond to recommendations for fire protection and wildland fire interface safety • Development by an engineering professional of a comprehensive Stormwater Plan to include components of drainage, erosion control, spill prevention and containment • Evaluation of geologic conditions by the Colorado Geological Survey, and necessary response to any adverse conditions incorporated into the plan • Development of a plan for the involved homeowners for managing ditches, wells, road maintenance, weed abatement and wildland fire management • Payment of required fees for traffic impact and school land dedication -- 4 -` av eu i1,.-----+X.""� '=i'illitir �"'�� Co,o. abates Nom. N � -1==;, •..s D. IL REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS • Garfield County Comprehensive Plan • Garfield County Unified Land Use Resolution: 5-303, 5-501 G o Article 111, Zoning (Rural) o Article V, Divisions of Land o Article, VII, Standards • Physical and Legal Water Supply, Adequate Fire Protection, Adequate Road Access M. PROCESS In summary, the process will be the following (flowcharts follow): a. Pre -application Meeting 1. Submittal of complete Subdivision Application 2. Review by staff for Technically Complete (TC) Status 3. Notice of TC to applicant with schedule; Applicant submits copies for referral to reviewing agencies 4. Applicant prepares public notice for posting, mailing, posting of site 5. Hearing scheduled for Planning Commission and referral copies sent to referring agencies and departments 6. Staff report preparation 7. Following recommendation from the Planning Commission, a hearing scheduled for Board of County Commissioners 8. Staff report preparation and Board of County Commissioners hearing for Final Plat Submittal and Review with Decision by Board of County Commissioners 9. Submittal of Final Plat Mylar for Signature IV. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: x Planning Commission X Board of County Commissioners c. Referral Agencies: GarCo: Road and Bridge, Attorney, Vegetation Management, Public Health Dept. GWS Fire Protection District School District Roaring Fork RE- 1 Colorado Geological Survey Division of Wildlife CDOT (access permit) Town of New Castle V. APPLICATION REVIEW FEES a. Planning Review Fees: $1075 (preliminary + final) b. Referral Agency Fees: $950 (Colorado Geological Survey (form provided) e. Total Deposit (QarCo): $1075 (additional hours billed : $40.50 /hour) General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. 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. Pre -application Summary Prepared by: ‘;(/ 6/ustyDunbar , MCP Date 7 3/09 Section 8-601 Subdivision Review Flowchart. PRC -APPLICATION COtrFEREnCE Sedan 4-103 A (herd within 20 ca'endar days of request] DETERPRArpn of RivimPRocEouRE Se tcn4.103A2d Sketch Plan Review (0p11ots34 Section 5.302 [Optianat Oen review by Conn ssian, fernlinty end design Tarateristcsalaxupieaitereq 1 Prellminary Plan Review Section 5303 Application Section 4.103 8 (submittal requiem -ants, Sed6bn 5-501 G] Determination of Completeness Section 4.103 C >`ihin 30 days of receipt of apptca5on materials) Schedule Public Heating by Planning Conimisslort SectrCn 5.303 83 (13 be he'd u':Urn 60 days of Detetrrinatan of Conp'e'ecessl Notice or Public Hearing Section 4.103 F 1. Pob ish Nikes of Heat ng [30 days pr ar to bewirg] 2. tktce b ad,a, ent properly on'rete (30 days prior to hear, by registered mai!) 3. Post notice on property[30 days prior to hearing] Evaluallon by Director/Staff Review Section 5303 84 pomp/lance W0 appropriate canards of knee 71 Review by Referral Agency Section 4.103 D121 day referral period] Public Hearing and Recommendation by Conlntlssion Section S-393 85 Recommend, prove, Apprare w+Ccr.ditons or Deny Schedule Public Hearing by Board of County C intulsstasers Seo5on 5,303 86 [to be he'd W.thin 45 days of Planning Ccnvtirai on Rec' mnsendaton] Notice of Pub 1c Hearing Section 4-103 F 1. Peb! ah Nebo of Hearing 130 days prier to hearing[ 2. Nolice to solace—pi property natters 130 days prior to heearng, by regis'.ered nue) 3. Poet rot.ce on propery 130 days prior to hear rtgj Public Hearing alai Decision by Board Section 5-303 87 Fpp-ove, Approve ws'Cond tons or Deny Final Plat Review SEdion 5.305 Application Section 4.103 B [submittal requirements, Section 5-501 E] Determination of Completeness Section 4-103 C [within 30 days of receipt of application ntoterialsl r Schedule Review Board of County Cotnnlissioners Section 5-305 B3 (meeting to be held within 45 days of Determination of Completeness] May be a consent a nda item — public hearing not required. Evaluation by Director/Staff Review Section 5.306 B4 [compliance with approval conditions in Section 5.305 C] Decision by Board Section 5.305 B5 Approve, Approve vt/Conditions or Deny r Submittal of Final Plat for Signature Within 120 days of approval of final plat Recordation Section 5.305 D ;r - 11719e5110114111/12110/11111821116111517$31931001 11111111111 IIIIII 111111 III 1111111111111111111111111111 679'365 04/10/2001 04:e9P 81246 P773 M ALSDORF 1 of 3 R 15.00 D 70,00 GARFIELD COUNTY CO PERSONAL REPRESENTATIVE'S DEED (Testate Estate) ,i THIS DEED is made by Terry Duprey � Y a$ Personal Representative of the Estate of Dorothy L. Bowles, A/K/A Dorothy Lucinda Bowles _ , deceased, Grantor, to r'lary Ann Gabossi and ROC Anthony Gabossi , Grantee, whose legal address is 44523 FIWY 6 & 24 GLENWOOD SPRINGS. CD 81M1I of the *County of Garfield State of Colorado WHEREAS, the Last Will and Testament of the above-named decedent was made and executed in the lifetime of the decedent, and is dated October 29 1993 which Will was duly admitted to (formal) (informal)** probate on /larch 251997 by the District C d for the County of t�arfield State of Colorado, Probate Np. �tyr�tt 7t WHEREAS, Grantor was duly appointed Personal Representative of said Estate on Marcn 25 19 97 and is now qualified and acting in said capacity. NOW THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell, convey, assign, transfer and set over unto said Grantee in joint tenancy)** (for and in consideration of Seven Hundred Thousand and no/100 Dollars)** (Ar,-**.parses-aatitled•da4istrbulion-et^the-property-in-the-Above-cpticovA W,i I)** the following described real property situate in the County of Gar field State of Colorado: . See Exhibit A attached hereto and made a part hereof by this reference. also known by street and number as: 49523 Highway 6, Glenwood Springs, Colorado 81601 assessor's schedule or parcel number: With all appurtenances, subject to covenants, easements and restrictions of record, and subject to general property taxes for the year 2001, and subject to patent reservations of record, encroachment of roadway on subject property as shown on First Amended Senor Mesa Plat recorded in Book 201.at page 50 and encroaching gravel a ss driveway and possessory rights Outside ens sC on Inprov tsrvey 7613 dated September 1, 1999. As used neretn, the singular inc u tne plur an e mural a sago ar. Executed April 18 2001 Terry Personal Representative of the Estate of Dorothy Lucinda Bowles Pr.rey Dar. y L. Bowles, A/K/A STATE OF COLORADO COUNTY OF Garfield The foregoing instrument was acknowledged before me this by Terry Duprey as Personal Representative of the Estate of Dorothy }- )0a day of April Deceased 2001 Witness my hand and official seal. My commission expires. 67-a/-aoo1 •Ir ie peavey imen ..Ca), .Sirlke of required L. Bowles, A/K/A Dorothy Lucinda Bowles , Deceased. ELLEN M. LIPSCOMB ��NyO�TA�RY,rP,UBLIC 7� AN -1-17 Name am Addrna of Paso• a6u0Aa�W+A+3RIVORIa435-106.1,c s.Y , /r/n/I� 523 ,LaV Rdr W- -tea, -redo °1 c J; *f s CPC4S. Rev. 1-96. PERSONALREPRFSENTATIVES DEED (Twee) Bradford Pobiishin8, 17a3 W+vee Sr., Denver, CO 50202— 303-292-2500— bradfordputlishine com-9.99 Novy Pubhe 1 •I • Copyright 1957 to uTOTM h 111111 11111 111111 111111 111 11111 nit III 14 1111L11111111 2 of 3 R 15,00 D 70.00 GARFIELD COUNTY CO LEGAL DESCRIPTION Our Order Nu. 0W235453-4 THAT TRACT AS DESCRIBED IN BOOK 208 AT PAGE 170 OF THE RECORDS OF GARFIELD COUNTY, COLORADO AND BEING A TRACT SITUATED IN THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 90 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 35, SAID NORTH QUARTER CORNER BEING A 2" IRON PIPE WITH AN ALUMINUM CAP BEARING P.L.S. REGISTRATION #15710; THEN ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION, SOUTH 07 DEGREES 03'10" EAST A DISTANCE OF 1870,02 FEET TO THE NORTHEAST CORNER QF THAT TRACT AS DESCRIBED IN DOCUMENT RECORDED IN BOOK 871 AT PAGE 30 OF THE RECORDS OF SAID COUTNY; THEN ALONG THE NORTH AND WEST BOUNDARY OF SAID TRACT THE FOLLOWING THREE COURSES: 1) NORTH 90 DEGREES 00'00" WEST A DISTANCE OF 84.81 FEET; 2) SOUTH 00 DEGREES 40'50" WEST A DISTANCE OF 80.42 FEET; 3) SOUTH 10 DEGREES 10'24" EAST A DISTANCE OF 237.69 FEET TO INTERSECT THE NORTHERLY RIGHT OF WAY OF A COUNTY ROAD AS IT CROSSES THE SOUTHEAST QUARTER OF SAID NORTHWEST QUARTER, SAID RIGHT OF WAY BEING 30 FEET NORTHERLY OF THE CENTERLINE OF SAID ROAD AS LOCATED BY SURVEY IN ]UNE 1993; THEN ALONG SAID NORTHERLY RIGHT OF WAY THE FOLLOWING FOUR COURSES; 1) SOUTH 68 DEGREES 56'l9" WEST A DISTANCE OF 119.42 FEET: 2) SOUTH 75 DEGREES 1717" WEST A DISTANCE OF 119.64 FEET; 3) SOUTH 79 DEGREES 09'05" WEST A DISTANCE OF 64.99 FEET; 4) SOUTH 67 DEGREES 03'21" WEST A DISTANCE OF 153.83 FEET TO INTERSECT THE NORTHERLY RIGHT OF WAY OF STATE HIGHWAY NUMBER 6 AND 24; THEN ALONG SAID NORTHERLY RIGHT OF WAY THE FOLLOWING SIX COURSES; 1) NORTH 65 DEGREES 14'00" WEST A DISTANCE OF 758.22 PEET; 2) 426.40 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 12 DEGREES 09'16 ' A RADIUS OF 2010.00 FEET AND A LONG CHORD WHICH BEARS NORTH 71 DEGREES 18'38" WEST A DISTANCE OF 425.60 FEET; 3) SOUTH 13 DEGREES 12'00" WEST A DISTANCE OP 50.00 PEET; 4) 270.72 FEET ALONG THE ARC OP A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 07 DEGREES 54'49" A RADIUS OF 1960.00 FEET AND A LONG CHORD WHICH SEARS NORTH 81 DEGREES 21'35" WEST A DISTANCE OF 270.50 FEET; 5) NORTH 85 DEGREES 19'00" WEST A DISTANCE OF 368.00 FEET; 6) 109.74 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 01 DEGREES 06'25", A RADIUS OF 5680.00 FEET AND A LONG CHORD WHICH BEARS NORTH 84 DEGREES 45'48" WEST A DISTANCE OF 109.74 FEET TO A COLORADO DEPARTMENT OF HIGHWAYS RIGHT OF WAY MARKER; THEN DEPARTING SAID NORTHERLY RIGHT OF WAY AND ALONG THE EASTERLY LINE OF A PARCEL REFERRED TO AS THE "TIBBITS PLACE" AS DESCRIBED IN DOCUMENT RECORDED IN BOOK 491 AT PAGES 790 AND 791 OF THE RECORDS OF SAID COUNTY THE FOLLOWING 15 COURSES; 1) NORTH 23 DEGREES 00'10" EAST A DISTANCE OF 85.51 FEET; 2) NORTH 33 DEGREES 41'22" EAST A DISTANCE OF 273.31 FEET; 3) NORTH 10 DEGREES 41'01' EAST A DISTANCE OF 126.20 FEET; 4) NORTH 18 DEGREES 00'46" EAST A DISTANCE OF 102.71 FEET; 5) NORTH 89 DEGREES 42'59' WEST A DISTANCE OF 34.78 FEET; 1 111111 I II11I 1111111111111111111E 11111111111 !III 1111 679586 04/19/2001 04109P 81246 P775 M RLSDORF 3 of 3 R 15.00 D 70.00 GARFIELD COUNTY CO Our Order No. GW235453-4 LEGAL DESCRIPTION 6) NORTH 45 DEGREES 44'37" EAST A DISTANCE OF 194.88 FEET; 7) NORTH 23 DEGREES 33'14'' EAST A DISTANCE OF 128,60 PEET; 8) NORTH 37 DEGREES 48'14" EAST A DISTANCE OF 135.68 FEET; 9) NORTH 04 DEGREES 22'29" EAST A DISTANCE OF 85.53 FEET. 10) SOUTH 50 DEGREES 44'37" EAST A DISTANCE OF 38.18 FEET; 11) SOUTH 37 DEGREES 33'49" EAST A DISTANCE OF 59.63 FEET; 12) SOUTH 35 DEGREES 15'19" EAST A DISTANCE 161.50 FEET: 13) SOUTH 31 DEGREES 52'13" EAST A DISTANCE OF 130.89 FEET; 14) SOUTH 26 DEGREES 55'22" EAST A DISTANCE 62.07 FEET; 15) SOUTH 20 DEGREES 42'31" EAST A DISTANCE OF 84.87 FEET; THEN NORTH 45 DEGREES 2I'31" EAST A DISTANCE OF 1856.54 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO JOHN L. TALIFER & ASSOCIATES, INC. Landscape Architecture / Land Planning May 27, 2010 Molly Orkild-Larson, Senior Planner Garfield County Building & Planning Department 109 W. 8th Street Glenwood Springs, Colorado 81601 Re: Preliminary Plan/FinaI Plat — Old Orchard Subdivision, Glenwood Springs, Colorado Dear Fred, On behalf of Roc & Mary Gabossi, I am pleased to submit this application for Preliminary Plan/Final Plat regarding the Old Orchard Subdivision, a proposed four (4) lot residential subdivision located on Highway 6 approximately one mile west of Canyon Creek. The proposed division of land will be created from a 20.22 acre parcel that was created by exemption in 2002 and is known as the Gabossi Subdivision Exemption. PROJECT SUMMARY Existing Property Conditions The property is a 20.22 acre parcel located north of Highway 6 and approximately 1 mile west of Canyon Creek. An existing frame house is situated on the east side of the parcel along with a shed and a pond which is located just south of the frame house. A residential unit, located in the northwest corner of the property, is currently under construction. The residential unit was permitted by the County as an accessory dwelling unit (ADU) for Lot 1 of the Gabossi Subdivision Exemption. The southern portion of the property slopes gently from Highway 6 to the north and then transitions to steeper slopes. This particular area is where the proposed development will occur. A large drainage basin is situated in the northeastern area of the property. The drainage basin is characterized by steep slopes on the western and eastern edges of the basin. No development is proposed in the drainage basin or on the eastern side of the property. An old, grouping of established apple trees is located adjacent to Highway 6 and west of the existing residence. Another grouping of apple trees is located at the northwest corner of the property. The area between the apple trees and west of the southern orchard is open pasture. Other vegetation consists of Cottonwood trees, Pinon pine, Rocky Mtn. 909 Colorado Avenue • Box 2271 • Glenwood Springs,CO 81 602 (970) 945-1337 • FAX (970) 945-7914 Juniper, Gambel Oak, Serviceberry and native grasses. These vegetative species occur around the existing residence and on the steeper slopes and also in the drainage basin to the north of the existing residence. Adjacent Land Uses The adjacent property to the east comprises of a mini storage facility and is zoned Commercial. The adjacent property to the west is primarily agricultural and includes a single family residence and some outbuildings. Highway 6 extends the length of the property to the south. The area to the north consist of undisturbed and undeveloped natural slopes and mesas. Subdivision Lot Layout The proposed subdivision lot layout anticipates the creation of 4 single family residential lots. The largest lot, Lot 1, will include the existing residence, pond, the drainage basin to the north and the southern apple orchard. This lot is approximately 12.34 acres in size. In a previous action, Garfield County issued a special use permit for an Accessory Dwelling Unit (ADU) on Lot 1 of the Gabossi Subdivision Exemption. The permitted structure will be situated on Lot 3 of the proposed Old Orchard Subdivision. Lots 2 and 3 are located in the northwest area of the parcel. These lots are located in part of the open pasture and the rear orchard area. Lot 2 is approximately 2.29 acres while Lot 3 is approximately 2.39 acres in size. Lot 4 is approximately 3.20 acres and is located in the open pasture area and west of the southern apple orchard. All lots are in excess of the two (2) acre minimum lot size, as established as the minimum lot size, in the Rural Zone District. Building envelopes have been established for Lots 2,3, and 4. A building envelope is not shown for Lot 1 since additional building development is not anticipated. The building envelopes represent buildable areas, at least one acre in size, with slopes less than 30%. The minimum distance that residential structures will be from Highway 6 is approximately 280 — 300 feet. This distance will from a nice visual buffer from Highway 6. The southern apple orchard will be preserved in its entirety. The northern apple orchard will be preserved as much as possible but some trees will be selectively removed to accommodate residential buildings and other accessory uses. The lot configuration and building envelopes are situated in areas that are relatively flat and in areas of existing, open pasture areas thus limiting the removal of existing vegetation. In addition, the location of dwelling units are in areas free of large canopy vegetation and other fire prone vegetation thus reducing the risk of wildland fire threat. 2 Access Access to the Old Orchard Subdivision will be from Highway 6. The historic access to Lot 1 and the existing residence will remain. This access is also used as a maintenance access for the Williams Canal. / A secondary access, to Lots 2, 3 and 4, is located on the western end of the property. Access to Lots 2, 3 and 4 will be via a 40 foot access easement. The access will terminate with a 45 foot radius cul-de sac. The Colorado Department of Transportation ( CDOT) issued an access permit, Permit No. 309040, for the secondary access point on the west end of the property. The access permit allows up to 4 single family dwellings and 4 accessory dwelling units. CDOT will allow the historic access, for Lot 1, to remain. In a statement from CDOT, the two access points will be allowed to remain as long as the entire subdivision remains as single family residential use. If a change in land use were to ever occur, other than residential use, CDOT would close the historic access and only allow the western access point to remain. In issuing the access permit, CDOT has determined that the intersection of the access road and Highway 6 has adequate site distances and is a safe intersection. A Declaration of Private Roadway Easement and Maintenance Obligations is included in this application. The Declaration spells out the use and the responsibilities of each lot owner in terms of maintenance of the access road. The road will be built to Garfield County standards for a Rural road classification. Request to Allow a Dead End Street to Exceed 600 Feet in Length The Old Orchard access road is approximately 800 feet in length and terminates with a cul-de-sac that meets the 45 foot radius requirement. The length of the west access road exceeds the 600 foot length regulation for a dead end street. The lots accessing the road, with the exception of Lot 3, are located in open, irrigated pasture area. Lot 4 is partially surrounded by apple trees but is irrigated. Mitigation measures have been taken to offset the excess in road length. All new residential structures will be equipped with an automated fire suppression system with in-house water storage. A emergency services bump -out in the access road has been created thus reducing traffic congestion conflicts with emergency service vehicles. Residences are located adequate distances from native vegetation. In addition, the road surface is an all weather surface and with a maximum road gradient of 7%. Because of the mitigation measures proposed, we request that the Board of County Commissioners approve a dead end street that exceeds the 600 foot maximum length. 3 Traffic The Level 1 Traffic Assessment, prepared by SGM, Inc., indicates that trip generation for the western access, serving Lots 2,3 and 4 will generate approximately 57 trips on an average weekday with 4-5 trips in the AM peak hour and 6 trips in the PM peak hour on an average weekday. Trip generation, at this access, is not expected to exceed 6 vehicle trips per hour. The traffic generation includes the 3 primary residences and the 3 ADU's for a total of 6 units. Using the same criteria, trip generation for the eastern access will generate approximately 19 trips on an average weekday with 1-2 trips in the AM peak hour and 2 trips in the PM peak hour on an average weekday. Trip generation, at this access, is not expected to exceed 2 vehicles per hour. The traffic generation includes the 1 primary residence and the 1 ADU for a total of 2 units. Potable Water Supply The potable water supply for the residential lots will be from 2 existing wells on the property. The Bowles Well will serve the existing residence on Lot 1. Bowles Well No. 2 will serve Lots 2,3 and 4 plus accessory dwelling units and an accessory dwelling unit on Lot 1. Water rights were decreed for the parcel in Case No. W-1358 and 97CW162. The water rights were decreed for the entire 60 acre parcel know as the Gabossi/Wagner Subdivision Exemption. The subject parcel is one of 4 lots created by this exemption. The water rights were divided between Gabossi.and Wagner. The applicant owns one-half interest in the plan for augmentation decreed in Case No. 97CW162. This equates to in-house water use for up to 15 single family unites through the Bowles Well Nos. 1-3. There are two existing wells on the Gabossi property including the Bowles Well ( Permit No. 52966) and the Bowles Well No.2 ( Permit No. 5610I -F). The Bowles Well is located on Lot 1 and Bowles Well No. 2 is located on Lot 3 of the proposed Old Orchard Subdivision. Bowles Well No. 2 is permitted to serve up to 7 dwelling units. The total water demand for the Old Orchard Subdivision is estimated at 3.14 acre feet per year. The total depletion to the stream system is estimated to be 0.47 acre feet per year. A 24 hour pump test was performed on the Bowies Well, by Resource Engineering, Inc., - in July 2009. Pump test results indicate that the well pumped at a rate of 8.7 GPM. The estimated daily demand for this well is approximately 0.25 to 0.5 GPM to serve the existing residence. 4 A 24 hour pump test was performed on Bowles Well No. 2 by Resource Engineering, Inc. in January 2010. Pump test results indicate that the well pumped at a rate of 15 GPM. The estimated daily demand for this well is approximately 2 GPM to serve a total of 7 residences on Lots 2,3 and 4 including 3 primary residences, 3 accessory dwelling units plus an accessory dwelling unit on Lot 1. Water quality tests were performed for Bowles Well and Bowles Well No. 2 by ACZ Laboratories. Based on the water quality testing, all the parameters measured were below the levels set for the Primary and Secondary Drinking Water Standards. Bowles Well indicated a hardness to the water. Water softening is recommended for this well. Bowles No. 2 Well indicate a hardness to the water as well as a high sodium concentration. Water softening and a reverse osmosis system is recommend for each residential unit on Lots 2,3 and 4 plus the ADU for Lot 1. Irrigation water rights on the Williams Ditch are appurtenant to the property and these rights will continue to be used for outside irrigation by the individual lot owners. The applicant is entitled to 5 and 8 tenths shares of Williams Canal irrigation water. The shares will be conveyed to the Old Orchard Subdivision Homeowners Association in turn will govern the joint use of the irrigation water by the owners of the individual lots. A Declaration of Irrigation Water use and Maintenance is included in this application. A water rights and water supply report, prepared by Resource Engineering, Inc., is included in this application. A Declaration of Water Well Use and Maintenance is included in the application. The Declaration spells out the terms of well sharing between Lots 2,3 and 4. Sewage Disposal Sewage disposal will be from Individual Sewage Disposal Systems (ISDS). Lot 1 has an existing ISDS system in place. In September 2009, H -P Geotech, Inc. performed percolation tests on Lots 2,3 and 4. The test results indicated that the tested areas are suitable for an on-site waste disposal system. Their report is included in the application. As required, individual sewage disposal systems (ISDS) will be designed by a professional engineer Licensed to practice in the State of Colorado. Geologic Assessment The site geology is discussed in detail in a report prepared by H -P Geotech, Inc. The Preliminary Geologic Site Assessment report is included in the application. Further review, of this report, was provided by the Colorado Geological Survey (CGS) in a report dated August 17, 2009. Further review and response to the Colorado Geological Survey 5 report was provided by H -P Geotech, Inc, dated January 8, 2010. In addition, a Drainage Report, prepared by SGM, Inc., further discusses drainage issues and mitigation measures. The aforementioned reports are included in this application. The primary geologic hazards issues raised, in these reports, include potential debris flows, collapsible soils and moderate earthquake potential. The subdivision could be subject to debris flow and sheet wash flow originating from drainage basins north of the project site. While all lots are subject to potential flows, the greatest risk is on Lot 1. A wildfire that occurred north of the project site in 2007 damaged existing vegetation in the drainage basins. Shortly after the fire, an intense rainstorm triggered debris flows that brought mud and debris down the drainage basin on the eastern portion of the property. While there was some impact to a storage structure on the eastern portion of the property, the existing residential dwelling unit on Lot 1 was not impacted. The dwelling unit is located approximately west of the drainage channel. The unit is uphill from the drainage channel in an area of reduced risk. The dwelling unit on Lot 1 was constructed in 1899 and no apparent damage has occurred to the structure from any debris flow event. In response to the 2007 event, the owner constructed a 2-3 foot earthern berm on the western edge of the drainage channel to further protect the existing structures on Lot 1. At this time, additional residential development is not anticipated on Lot 1. If in the future, the owner wishes to pursue additional residential development, it our opinion that instead of establishing a building envelope or establishing no -build zones, as CGS recommends, that additional debris flow studies and evaluation shall be conducted at the time of building permit. Future building sites are not known at this time and mitigation evaluation and design options will depend on the type and location of future development. The risk for debris flow impacting Lots 2,3 and 4 is low. Existing irrigation ditches north of the lots intercept the existing drainage basins to the north. A drainage channel, located on the western boundary of the property, carries irrigation water and other drainage toward Highway 6. Lots 2,3 and 4 are potentially impacted is this drainage channel is blocked or there is a breach of an uphill irrigation ditch. Construction of a 3 foot high earthen berm is recommended around the western side of the new residential unit on Lot 3. The proposed berm is shown on Sheet 3 of the access road engineering drawings prepared by SGM, Inc. We recognize that collapsible soils exist on the property. A site specific soil analysis was conducted on Lot 3 for the existing ADU and site specific soil analysis will be required for engineered building foundations on Lots 2 and 4. As per Garfield County regulations, building foundations shall be designed by an engineer licensed to practice in the State of Colorado. 6 The private access road design has been engineered to account for the collapsible soils. The engineered road section is found on Sheet 2 of the drawings prepared by SGM, Inc. The road section has been designed per H -P Geotech, Inc. recommendations. Although mentioned, the potential for earthquakes is moderated, consideration of seismic activity should be implemented in the structural design of the residential structures. According to the findings found in the Preliminary Geologic Site Assessment report, prepared by HP Geotechnical, Inc. the natural radioactive exposure to the project site is typical to the area and no mitigation is necessary. Fire Protection Upon consultation with the Glenwood Springs Rural Fire Protection District, all residential structures constructed in the Old Orchard Subdivision shall be equipped with an automatic fire suppression sprinkler system. The systems shall be designed to NFPA 13D or NFPA 13R standards. The system design standards are included in a Plat Note on the Preliminary Plat. The proposed building envelopes, on Lots 2 and 4 are situated in existing pasture areas that are clear of any fire prone vegetation. The building envelope for Lot 3 is situated in a pasture area but some ornamental apple trees exist. No building is proposed on steep slopes where fire prone native vegetation exists. As a result of the location of these building envelopes, the risk of wildland fire is low. In addition, the residential structures will be sprinkled and be constructed with fire retardant building material. Archeology Metcalf Archeological Consultants, Inc. ran a file search on protected or registered archeological, cultural, paleontological and historic sites located within the Old Orchard Subdivision. Their search results found that there are no aforementioned sites in the subdivision parcel. Their report is included in the application. Wildlife The findings of the Wildlife Report, prepared by Beattie Wildlife Consulting, indicates that the Old Orchard Subdivision will have no measurable adverse impact on any wildlife population currently using the property nor will the subdivision result in a reduction in the range of any wildlife species nor will it directly result in classification of a wildlife species as threatened or endangered. Flora As previously discussed in the existing conditions component of this text, the existing flora consist of grass pasture, apple orchards and native vegetation. The proposed development occurs in the open, grass pasture areas of the property. The native 7 vegetation occurs on the northern areas of Lots 2 and 3 and in the drainage basin north and east of Lot 1. The native vegetated areas will not be disturbed during development of the property. Since site development will occur in the pasture areas of the property, the resulting long and short tem effects on the flora will be minimal. These areas will continue to be irrigated so quick establishment of pasture grasses will be realized. There are no sensitive or endangered plant species in the proposed area of development. Weed Management There are no noxious weeds, listed on the Garfield County Noxious Weed list, on the property. If noxious weeds do occur, individual lot owners will be responsible for eradication on their property. Eradication of weeds, inside the 40 foot driveway easement, will be shared between all the lot owners in the Old Orchard Subdivision. Reclamation and Erosion Control Disturbed areas along the entry road will be reseeded with a seed mix that matches the irrigated pasture grasses that are adjacent to the access road. Erosion control will be implemented during construction of the entry roadway. Silt fencing and erosion logs will be install on the west side of the entry drive as noted on Sheet 1 of the Drive Plan and Profile drawings as prepared by SGM, Inc. The cost of the erosion control and revegetation work is itemized in the Cost Estimate, prepared by SGM, Inc. Cost Estimate for Improvements The cost estimates for improvements to the access road, drainage improvements, signage, erosion control, revegetation, stormwater drainage mitigation and potable water service lines are included in the Cost Estimates prepared by SGM, Inc. There are 2 cost estimates. One of the costs estimates is tied to the CDOT Access Permit while the other includes areas beyond the entrance to the subdivision. Both estimates are included in the SIA title of this application. Garfield County - Existing Zoning The Garfield County Zoning Map, 2008, identifies this property as being zoned Rural. Minimum lot size in the Rural zone district is 2 acres. Single unit dwellings are a permitted use and accessory dwelling units are a permitted use subject to administrative review. Old Orchard Subdivision is in compliance with Garfield County zoning regarding uses, lot size and setbacks. 8 Garfield County Comprehensive Plan- Existing Land Use Designation The Garfield County Comprehensive Plan 2000 Land Use Map— Study Area 2, depicts this property as being situated in the Outlying Residential District. The density, associated with this land use designation, is 2 acres per dwelling unit ( 2 Acres/DU). Old Orchard Subdivision is in compliance with Garfield County land use density designation. Town of New Castle Comprehensive Plan — Future Land Use Designation Per the Town of New Castle Comprehensive Plan, 2009, the Old Orchard Subdivision property is situated outside the Town of New Castle Urban Growth Boundary and a portion of the property is identified as being situated in the "Sphere of Influence". The land use designation assigned to the property is Rural Low Density. The recommended density for this designation is 10 acres per dwelling unit (10 Acres/DU). When we began the process of formulating the subdivision lot layout, the Town of New Castle Comprehensive Plan designated this property as Open Space Agricultural Residential with a density designation of 2 - 5 acres per dwelling unit (2 - 5 Acres/DU). The new Town of New Castle Comprehensive Plan was adopted by the town in June 2009 but was not posted online until November 2009. The new plan suggests a density that represents a significant decrease in density from the previous Comprehensive Plan as well as a significant decrease in density from the Garfield County Comprehensive Plan. The owners were caught midstream with this change. The proposed density is in compliance with the Garfield County Comprehensive Plan 2000 and the previous Town of New Castle Comprehensive Plan but is not in compliance with the 2009 Town of New Castle Comprehensive Plan. The information contained in this application demonstrates that the Old Orchard Subdivision complies with the Garfield County Comprehensive Plan, Study Area 2. The subdivision provides a mix of housing types from single family residential including accessory dwelling units; preserves the agricultural integrity of the property by preserving the existing orchards; provides an adequate visual buffer from Highway 6; provides and adequate Iegal and physical water supply; protects wildlife habitat areas; preserves the existing natural vegetation; does not interfere or impact potential geologic hazard areas; generates minimal traffic impact; does not impact air quality and complies with Garfield County zoning and land use designations. We look forward to presenting the Preliminary Plan/Final Plat to the Garfield County Planning Commission in the very near future. If you have questions or need additional information, please do not hesitate to contact my office. 9 Sincerely, i.,L '._12 - John L. Taufer, Owners Representative 10 OLD ORCHARD SUBDIVISION Property Owners Within 200' of Property Parcel # 212335200059 US Bank National Association Williams No. 2 P.O. Box 64142 ST. Paul, MN 55164-9366 Parcel # 212335200186 Conrad L. and Marsha L. Wagner 0024 County Road 138 Glenwood Springs, CO 81601 Colorado Dept. of Transportation 4201 E. Arkansas Denver, CO 80222 Union Pacific Railroad 1700 Farnum St. WT. 10 S Omaha, NE 68102 From: )ohn L, Taufer To: MoIly Orkild-Larson Cc: rocky(a'rpitkiniron.corn Subject: Old Orchard Subdivision - Mineral Rights Owners Date: Wednesday, June 09, 2010 3:20:45 PM Molly, There are no mineral rights owners on the Old Orchard Subdivision property, owned by Roc and Mary Gabossi. This opinion is based on review of the Title Commitment and research performed at the Garfield County Assessor's office, June 9, 2010. Thank you, John Taufer, Owners Representative • PRELIMINARY GEOLOGIC SITE ASSESSMENT PROPOSED OLD ORCHARD SUBDIVISION 44523 HIGHWAY 6, GARFIELD COUNTY, COLORADO JOB NO. 109 111B MAY 29, 2009 PREPARED FOR: ROCKY GABOSSI 44523 HIGHWAY 6 GLENWOOD SPRINGS, COLORADO 81601 TABLE OF CONTENTS PURPOSE AND SCOPE OF STUDY - I - PROPOSED DEVELOPMENT - 1 - SITE CONDITIONS - 2 - TRIBUTARY DRAINAGE BASINS - 2 - REGIONAL GEOLOGIC SETTING - 3 - CARBONDALE COLLAPSE CENTER - 3 - GEOLOGICALLY YOUNG FAULTS AND EARTHQUAKES - 4 - PROJECT AREA GEOLOGY - 4 - FORMATION ROCK - 5 - SURFICIAL SOIL DEPOSITS - 5 - Manplaced Fill (af) - 6 - Alluvial Fan Deposits (Qf-Qd3) - 6 - Debris Flow Deposits (Qdl, Qd2, Qd3) - 7 - Loess (Qlo) - 7 - Terrace Deposits (Qt) - 7 GEOLOGIC SITE ASSESSMENT - 8 - DEBRIS FLOWS - 8 - HISTORIC SEISMICITY - 9 - RADIATION POTENTIAL - 10 - LIMITATIONS - 11 - REFERENCES - 12 - FIGURE 1 — PROJECT SITE LOCATION AND TRIBUTARY DRAINAGE BASINS FIGURE 2 — PROJECT REGION GEOLOGY MAP FIGURE 3 — PROJECT AREA GEOLOGY MAP FIGURE 4 — GEOLOGICALLY YOUNG FAULTS AND LARGER HISTORIC EARTHQUAKES FIGURE 5 — WESTERN COLORADO EVAPORITE REGION PURPOSE AND SCOPE OF STUDY This report presents the findings of a geologic site assessmentfor the proposed Old Orchard Subdivision located at 44523 Highway 6, Garfield County, Colorado. The project site is shown on Figure 1. The study was conducted to .evaluate the geology in the project area and assess if there are geologic conditigns that could be potentially hazardous or could present major constraints to the proposed subdivision. The study was conducted in accordance with our proposal for geological engineering services to Rocky Gobossi, dated April 28, 2009. A field reconnaissance of the project area was performed on May 5, 2009 to observe the geologic conditions. In a separate study, a pit was dug in the north end of Lot 3 of the proposed subdivision for a foundation study (Hepworth-Pawlak Geotechnical, 2009). In addition to our field reconnaissance, our geologic assessment included review of published regional geological reports and aerial photograph interpretations. Based on this information, an assessment of the potential influence of the geology on the proposed development was made. This report summarizes the information evaluated and presents our findings, PROPOSED DEVELOPMENT The proposed development will consist of a 4 lot subdivision as shown on Figures 1 and 3. Lot 1 contains existing residence and storage structures and a pond located in the southwest corner of the lot. Buildings are accessed by a private drive in the southeast corner of the project site. New development will consist of three lots (Lots 2, 3, and 4) for single family homes accessed by a private driveway from the southwest corner of the property. The existing irrigated orchard located in a south-central part of the property is to remain. The total project area is about 20 acres. We assume the new residences to typically have light foundation loads and to be one or two story structures with a crawl space or basement. The development will be serviced with individual wells and septic Job No. 109 111B "Stech -2 - disposal systems. It is assumed that irrigation ditches for surrounding pastureland and the orchard will remain active. If development plans change significantly from those described, we should be notified to re-evaluate the recommendations presented in this report. SITE CONDITIONS The proposed subdivision is located in part of Section 35, T5S, R9OW. The project site is located about one mile west of Canyon Creek, 31/2 miles east of New Castle and north of the Colorado River and Interstate 70, see Figure 1. The site is bounded by moderate to steep hillsides to the north and east, pastureland to the west, and Highway 6 & 24 to the south. The general topography in the project area is shown by the contour lines on Figures 1 and 3. Elevation at the project site ranges from about 5,630 to 5,690 feet. The site is located on the eastern flank ofa broad alluvial fan which coalesces with a smaller fan to the east.•. The eastern fan is currently down cut by active stream erosion from about 2 to 4 feet in the central and northern portions to up to 18 feet to the south where the stream channel is. diverted beneath existing roadway's. The western boundary of the project site is marked by a stream which has down cut 2 to 4 feet into the eastern flank of the broad alluvial fan. Slopes in the project area are 5 to 10 percent down to the south and southwest, North of the project site moderate slopes abruptly transition to a steep hillside with slopes in the range of 30 to 45 percent, and closer to 60 percent east of the site. Vegetation consists mainly of grass and fruit trees in the project site that are flood irrigated. The proposed development area is currently used as pastureland for horses with some fruit trees to the north. Roadways south of the project site are built up with between 4 to 12 feet of fill and contain culverts to direct surface water south to the Colorado River. TRIBUTARY DRAINAGE BASINS Several drainage basins are tributary to the project area and are shown on Figure 1. Basin 2 is the largest covering about 257 acres and heads at an elevation of around 7,100 feet. JobNo.1091l1B Gtech -3 - This basin drains in a channel along the eastern boundary ofthe project site. Some ofthe area within these basins was subject to severe fire damage in 200W. Over 1,200 acres of destroyed vegetation resulted in several mudslides and debris flows after heavy spring rainstorms. One such Clow from Basin 2 brought mud and debris down the drainage along the eastern project site boundary affecting storage buildings, clogging culverts and filling the southern drainage and inundating the pond with mud. Debris also overtopped irrigation ditches located upstream in Basin 2. There is no evidence of the overtopping of irrigation ditches in any of the drainages to the west. Two main irrigation ditches are' located in the project area and intercept the existing drainage basins as shown in Figure 3. Irrigation ditches currently bring water to the orchard and pastureland on site and to irrigated lands to the west. REGIONAL GEOLOGIC SETTING The project site is located on the Grand Hogback monocline which is the transitional geologic structure between the Southern Rocky Mountains and the Colorado Plateau, see Figures 2 and 4. In this area, the Grand Hogback also forms the southwestern boundary of the Carbondale evaporite collapse center. The Carbondale collapse center is the westem of two regional evaporite collapse centers in western Colorado, see Figure 5. It is an irregular-shaped, northwest trending region between the White River uplift and Piceance basin, see Figure 2. CARBONDALE COLLAPSE CENTER The Carbondale evaporite collapse center covers about 460 square miles. As much as 4,000 feet of regional subsidence is believed to have occurred during the past 10 million years in the vicinity of Carbondale as a result of dissolution and flowage of evaporite from beneath the region (Kirkham and Scott, 2002). The evaporite is mostly in the Eagle Valley Evaporite with some in the Eagle Valley Formation. Diapiric evaporite exposures north of the project area (Figure 2) contain massive and contorted, thinly layered light gray gypsum and anhydrite with some discontinuous lenses of massive gray limestone. It is estimated that Pliocene flow and dissolution of underlying evaporite northward and Joh No. 109 111B GeclStech -4 - upward caused rapid subsidence of the Maroon Formation as evidenced by irregular, discontinuous anticlines and synclines, steeply dipping faults, and varying clip angles within the strata (Scott and Others, 2002). Much of the evaporite related subsidence in the Carbondale collapse center appears to have occurred within the past 3 million years which also corresponds to high incision rates along the Roaring Fork, Colorado and Eagle Rivers (Kunk and Others, 2002). This indicates that long-term subsidence rates have been very slow, between about 0.5 and 1.6 inches per 100 years. Studies of mean annual dissolved -solids in Canyon Creek suggest dissolution of evaporite along the southwest flank of the White River uplift is still active (Scott and Others, 2002). If still active, these regional deformations because of their very slow rates, should not have a significant impact on the proposed Old Orchard Subdivision'. GEOLOGICALLY YOUNG FAULTS AND EARTHQUAKES Geologically young faults related to evaporite tectonics are present in the Carbondale collapse center but considering the nature of evaporite tectonics, these faults are not considered capable of generating large earthquakes. The closest geologically young faults that are less than about 15,000 years old and considered capable of generating large earthquakes are located in the Rio Grande rift to the east of the project site, see Figure 4. From the project site the northern section of the Williams Fork Mountains fault zone Q50 is located about 61 miles to the northeast and the southern section of the Sawatch fault zone Q56b is located about 81 miles to the southeast. At these distances large earthquakes on these two geologically young fault zones should not produce stro1fg ground shaking at the project site that is greater than the ground shaking shown on the U. S. Geological Survey 2002 National Seismic Hazards Maps (Frankel and Others, 2002). PROJECT AREA GEOLOGY The geology in the project area is shown on Figure 3. This map is based on our field observations and is a modification of the regional geology map by Bryant and Others (2002). The main geologic features in the project area are discussed below. Job No. 109 l 1 1 B GeCEtech -5 FORMATION ROCK Near surface formation rock in the area is the lower Permian- and Pennsylvanian -age main body of the Maroon Formation (PPm), moderate to shallow dipping, blocky red sandstone. This is underlain by the Eagle Valley Formation and Eagle Valley Evaporite (Pze), which at the project site are at depths greater than about 4,000 feet (Bryant and Others 2002). In the project area these formations are within the limb of the Grand Hogback monocline. The regional bedding is variable but bedding near the project site generally strikes to the northwest and dips to the southwest, see Figure 3. These rocks were deposited in the central Colorado trough during and at the end of the Ancestral Rocky Mountain orogeny about 300 million years ago. The Eagle Valley Formation is a transitional unit between the thick evaporite in the underlying Eagle Valley Evaporite and the non-evaporitic sedimentary rocks in the overlying Maroon Formation. Sinkhole potential occurs where underlying evaporite is shallow. At the project site, depths are estimated at 4,000 feet or greater thus the potential of a sinkhole occurring on the project site is very low. SURFICIAL SOIL DEPOSITS The surficial soil deposits in the project area are largely the result of cyclic erosion and deposition associated with young alluvial fan deposits (Qf-Qd3) derived from basins to the north (Figure 1) and deposition of river terrace and old fan deposits (Qt) associated with glacial and interglacial periods during the middle Pleistocene -age Bull Lake and Pre - Bull Lake glaciations over 140 thousand years ago, A layer of loess (Qlo) of late or middle Pleistocene -age covers the river ten -ace and old fan deposits in some areas. In some of the basins, stream channel alluvium (Qa) is intercepted and diverted by man made channels (at) used for irrigation. Irrigation channels in drainage basin 2 (Figure 1) have been overtopped by debris flow deposits (Qdl) occurring shortly after the Istew Castle fire of 2007. Older recent debris flow deposits (Qd2) occur at the mouth of other drainages to the northwest. Other relatively large areas of disturbed ground (a) south of the project site are related to freeway, road and railway construction. Job No. 109 1 l I B tech -6 Manplaced Fill (af) Man placed fill (af) is present north and south of the project site. Southern areas of fill are for Highway 6, railways and Interstate 70. Culverts at varying stations along the roadways direct water below the roadways to the Colorado River. The largest culvert, in the southeast corner of the project site, is a square concrete box 6 feet by 5 feet beneath Highway 6 with smaller culverts beneath the railway and Interstate 70 to the south. Twa main irrigation ditches have been constructed north of the project site as shown in Figure .3,./ A smaller tributary ditch directs a portion of water from the lower ditch to the project site. The upper ditch averages about 3 to 5 feet wide and 2 to3 feet deep. The lower ditch averages about 5 to 7 feet wide and 3 to 5 feet deep. The ditches are in good condition north of the project site with some repairs made to the lower ditch within Basin 2 associated with water overtopping embankment walls and debris material clogging the start of the ditch at its eastern end. The upper ditch is open and the lower ditch crosses the mouth of Basins 3 and 4 by buried culverts. Alluvial Fan Deposits (Qf-Qd3) Young alluvial fans (Qf and Qd3) are present in the project area at the base of steep hillsides northwest and northeast of the project site. Two deposits of the same fan complex are apparent in the area and are probably similar in age, about 15,000 years old or greater. Qd3 deposits are hummocky in appearance and contain boulders related to a high energy flow regime, probably debris flows and floods. These deposits are located northwest of the project site in a small basin area. Qf deposits cover most of the project area and contain finer grained material associated with a low energy sheet wash flow regime. An exploratory pit in Lot 3 of the proposed subdivision encountered relatively (ne-grained silty sand material to the depth of the pit at about 12 feet (Hepworth-Pawlak Geotechnical, 2009). The depth and type of underlying deposits was not determined. These fans are geologically active and natural drainage patterns are currently intercepted by the irrigation ditches. The lower irrigation ditch has been repaired in drainage pathways to include culverts. This is evidence that erosion pathways are currently active. Job No. 109 111B G lenech -7 Debris Flow Deposits (Qdl, Qd2, Qd3) The youngest debris flow deposits (Qd 1) occurred shortly after the New Castle fire of 2007 and originated from Basin 2, see Figures 1 and 3. This drainage is active and could still be the site of infrequent debris flows and floods. Other debris flow deposits are present northwest of the project site and originate from basins 3, 4, 5, 6, and 7. Qd2 deposits may be historic, occurring within the last 150 years, and originate from basins 3, 4, and 5. Deposits originating from basins 3 and 4 are currently being eroded by ephemeral streams (Qa). These streams pass through marsh areas (Qa) and have some areas of 1 to 2 feet of down cutting. The second deposits located to the northwest have material originating from basins 5 and 6. Deposits here are cut by active stream erosion (Qa) on the order of 5 to 9 feet. The oldest debris flow deposits (Qd3) are included in alluvial fan terrain and have age estimates of about 15,000 years. Deposits Qf, Qdl, Qd2, and Qd3 are geologically young and may be susceptible to future flow typical of their depositional energy environments. is flow potential will be further discussed in the c Debris Flow section of the Geologic Site Assessment of this report. Loess (Qlo) A layer of loess (Qlo) overlies the terrace and old fan deposits (Qt). The loess was deposited following the middle Pleistocene -age Bull Lake glaciations and is probably of late Pleistocene -age. Terrace Deposits (Qt) High level river terraces north and east of the project site contain clean sandy gravel, cobbles and boulders. This alluvium is associated with the middle Pleistocene -age Bull Lake glaciations about 140 and 300 thousand years ago and older Pre -Bull Lake glaciations (Bryant and Others, 2002). Job leo. 109 11113 -8 - GEOLOGIC SITE ASSESSMENT There are several conditions of a geologic nature that should be considered as project planning and design proceeds, he most significant is the potential for debris flows; primarily in basin areas with substantial fire damage., Other geologic conditions consist of earthquake ground shaking and potentially collapsible soi10. A subsoil study for foundation design was performed by Hepworth-Pawlak Geotechnical (2009) which indicated soils at Lot 3 to be moderately to highly compressible under conditions of loading and wetting. A geotechnical study should be performed by the individual owner when the building plans have been determined. The potential risks and possible mitigations to reduce the risks associated with debris flows and earthquakes are discussed below. DEBRIS FLOWS The proposed subdivision could be subject to debris flow and sheet wash flow originating from drainage basin areas located to the northeast (Basins 1 and 2) and northwest (Basins 3, 4, 5, 6 and 7). Flows from Basins 2, 3, and 4 have the potential to impact the proposed subdivision with some risk to the buildings and their occupants.. The basins northwest of the project area are currently intercepted by two irrigation ditches and the nature of probable future debris flows is uncertain but the risk of impact to the proposed subdivision appears to be low. iDebris flows have occurred along the northeastern area of the project site with material originating from Basin 2.1 As previously discussed, this drainage basin had substantial vegetation damage due to a lightning induced fire in 2007. Subsequent debris flows triggered by unusually intense thunderstorm rainfall have overtopped the irrigation ditches, clogged culverts beneath roadways to the south, and, overtopped the freeway yvith fine debris material. Remnants of the 2007 flows are mapped as Qdl on Figure 3. Debris mud caked on trees in the northern portion of Lot 1 show a flow height of about 7 feet above the existing stream.: Debris clogging apparently caused an area at the south end of Lot 1 to fill nearly 20 feet deep inundating the existing pond with mud. Smaller culverts beneath the railway and Interstate 70 were insufficient to pass debris causing finer material to spill over portions of Interstate 70. At the project Job No. 109 11113 Gtech -9- site,pn existing structure in Lot I just west of the creek was impacted by the 2007 debris flowq ,hour opinion, there is still a risk of future debris flow from this drainage and y mitigation to reduce these risks is warranted for Lot l . Mitigation of the debris flow risk tpn Lot 1 could include berms or walls to deflect the flows away from existing structure/ Existing structures on Lot 1 primarily at risk are mostlyrstorage buildings. Residential a buildings are located further to the west and uphill in an area ofssduced risk. Deposits at and northwest part of the project site (Qf, Qd2, and Qd3) are geologically young and may produce debris or sheet wash flows that could reach the +rojects site. However, historical evidence suggests the risk m flows northwest of the site to breach of irrigation ditches from intense thunderstorms may also pro . uce a potential risk of flooding to structures below, If this risk is unacceptable for Lots 2, 3, and 4, mitigation structures such as berms or walls to divert possible flows from thee' vV1: f , OVA northwest could be used. Flow and floodpotential should be incorporated in thejprojaect storm water manaent plan performed by_a civil engineer. 1+x HISTORIC SEISMICITY Historic earthquakes within 150 miles of the project site have typically been moderately strong with magnitudes ofM 5.5 and less and maximum Modified Mercalli Intensities of VI and less, see Figure 4. The largest historic earthquake in the project region occurred in 1882. It was located in the northern Front Range about 121 miles to the northeast of the project site and had an estimated magnitude of about M 6.2 and a maximum intensity of VII. Historic ground shaking at the project site associated with the 1882 and the other larger historic earthquakes in the region does not appear to have exceeded Modified Mercalli Intensity VI (Kirkham and Rogers, 1985). Modified Mercalli Intensity VI ground shaking should be expected during a reasonable exposure time for the buildings, but the probability of stronger ground shaking is low. Intensity VI ground shaking is felt by most people and causes general alarm, but results in negligible damage to structures of good design and construction. Job No. 109 111B Gtech - 10 - The houses and other facilities subject to earthquake damage should be designed to withstand moderately strong ground shaking with little or no damage and not to collapse under stronger ground shaking. For firm rock sites with shear wave velocities of 2,500 fps in the upper 100 feet, the U. S. Geological Survey 2002 National Seismic Hazard Maps indicate that a peak ground acceleration of 0.06g has a 10% exceedence probability for a 50 year exposure time and a peak ground acceleration of 0.23g has a 2% exceedence probability for a 50 year exposure time at the project site (Frankel and Others, 2002). This corresponds to a statistical recurrence time of about 500 years and 2,500 years, respectively. The soil profiles at the building sites should be considered as Class D, stiff soil profile as described in the 2006 International Building Code unless site specific shear wave velocity studies show otherwise. RADIATION POTENTIAL Regional studies by the Colorado Geological Survey indicate that the closest radioactive mineral occurrence to the project site is located about 0.5 miles to the south (Nelson - Moore and Others, 1978. Radioactive mineral occurrences are also present in the Aspen- Lenado mining district to the northeast and on the southwest flank of the White River uplift to the northwest. Based on our experience, the natural radioactive exposure to the project site is typical of the area and no mitigation is needed. Regional studies by the U. S. Geological Survey (Dubiel, 1993) for the U. S. Environmental Protection Agency (EPA) indicate that the project site is in a moderate radon gas potential zone. The 1993 EPA regional radon study considered data from (1) indoor radon surveys, (2) aerial radioactivity surveys, (3) the general geology, (4) soil permeability estimates, and (5) regional architectural practices. It is not possible to accurately assess future radon concentrations in buildings before they are constructed. Accurate tests of radon concentrations can only be made when the buildings have been completed. Because of this, new buildings in moderate to high radon areas are often designed with provisions for ventilation ofthe lower enclosed areas should post construction testing show unacceptable radon concentrations. Job No. 109 111 B GcPtech -11 - LIMITATIONS This study was conducted according to generally accepted engineering geology principles and practices in this area, at this time. We make no warranty either express or implied. The conclusions and recommendations submitted in this report are based on our field observations, aerial photograph interpretations, interpretations of previous geologic studies and mapping, the exploratory pit located on Figure 3, and our experience in the area. This report has been prepared exclusively for our client to evaluate the potential influence of the geology on the proposed development. The information is suitable for planning and preliminary design. We are not responsible for technical interpretations by others of our information. Additional geotechnical studies will be needed to provide recommendations for geologic hazard mitigation, site grading, and foundation design. Respectfully Submitted, HEPWORTH - PAWLAK GEOTECHNICAL, INC. Scott W. Richards, E.I. Reviewed by: J • Steven L. Pawlak, P. SWR/ksw cc: John Taufer Associates — Attn: John Taufer Job No. 109 111I3 Gtech Shingle Pk. Dotse New Castle Pz enwoo Sp. Pze ikCarbondale aS11e P e Tv Woo. Syncing Ck.P 0 MI. oprls Ti Pe Redstone Q Pze Pze TI Pz Pze Capitol • Pk. Snowmass Pluton Snorlass Mln. Explanation: Ts Post-Laramide Sediments i 7 Post-Laramide Volcanics Post-Laramide Intrusives Laramide Basin Sediments Laramide Intrusives TKi Pze YXr 109 111B Gtech FIEPWORTH—PANLAK GEOTECHNICAL Pre-Laramide Mesozoic Sediments Paleozoic Sediments Pennsylvanian Evaporites Precambrian Crystalline Rocks Contact I _e High -Angie Faults • L Thrust Faults Synclines Anticlines Highways Old Orchard Subdivision Project Region Geology Map 0 1 7 mi. L___.1._1 Scale 1 in. = 7 mi. Modified from: Tweto (1979) { Figure 2 Explanation: Project Site Boundary (Lot Boundaries) Drainage Basin Boundaries (�) Basin Number 109 111 B I Gtech 14EPWORYH-PAY,1Art GEOTECHNICA Basin Areas: basin 1 - 29.6 ac. Basin 2 - 256.6 ac. Basin 3 - 21.6 ac. Basin 4 - 9.2 ac. Basin 5- 13.3 ac. Basin 6 - 9.5 ac. Basin 7 - 10.4 ac. 0 2000 ft. 1 I it Scale: 1 in. = 2000 ft. Contour Interval = 40 ft. Old Orchard Subdivision Project Site Location and Tributary Drainage Basins Figure 1 Explanation: Man Placed Fill j of Qa Qf-0d3 Qd1 0d2 a n Stream Channel Alluvium Alluvial Fan Deposits 2007 Debris Flow Older Recent Debris Flow Loess Deposits Qt jm PPms Terrace and Old Fan Alluvium Morrison Formation State Bridge Formation Maroon Formation, Schoolhouse Member Maroon Formation, Main Body irrigation Pathways (ditch & canal) x30 • Strike and Dip of Bedding in Degrees Exploratory Pit (H -P Geotech, 2009) 0 400 ft. Scale: 1 in. = 400 ft. Contour Interval = 40 ft. 109 1118 Gtech HE?WORTH—PAWLAK GEOTECHNICAL Old Orchard Subdivision Project Area Geology Map Figure 3 Intermountain Seismic Belt 1'977 M 5.0 8 M5.1 WY. Intermountain Seismic Belt Moab ❑ UT. UT. C Lily Park 1871 VI Rang,* ❑ Rio Blanco (Explosion) MM53 5.7 150 miles Axlet Basin 1891 VI Cra Steam Spring 0 7 Meeker Project Site springs Rifle Rulison lir (Explosion) 1969 M 5.3 Granduu❑notion CO. AZ1 NM. x. ‘NrsD▪ elra© ❑Cortez ..Montrose❑ S. Grand H baek .) 1944 VI Laramie Mtn. 1984 M 5.5 VI N. Front 1882 M 8.2 VII ort fins Loves d Greeley ❑ ❑ ocky Mtn. rsenal 196210 19,7 VI to VII M 3.2 to M 3 WY. 4M CO 0 7 - cinnamon Ridge Gunnison �„ 7960 ❑ 5.5 X17 o1 Rldgew 1913 VI y Lake Ci 1955 VI 0 Durango Pagosa Springs Dulce 1966 V 5.1 069c. Alamosa -77 d'iowa Colorado Sp. Pueblo ❑ Walsenburg ❑Trinidad Explanation: Post -Glacial Faults: • Fault younger than about 15,000 years. Larger Historic Earthquakes: Earthquakes with maximum intensity greater than VI or magnitude greater than M 5.0 from 1867 to present. • Nuclear Explosion: Large underground nuclear explosion for natural gas reservoir enhancement. Historic Seismic Zones: Areas with historically high seismic activity. M Local, surface wave or body wave magnitude VI Modified Mercaili Intensity References: Widmann and Others (1998) U. S. Geological Survey Earthquake Catalogs 0 50 mi. l 1 Scale: 1 in. = 50 ml.. 1091118 Gtech PIEPWORIH—PAWL AK GEOTECHNICAL Old Orchard Subdivision Geologically Young Faults and Larger Historic Earthquakes Figure 4 Explanation: a Project Site Shallow Evaporite in Eagle Valley Formation and Eagle Valley Evaporite. Eagle Collapse Center (960 sq. mi.) State Bridge 10 Miles References: Tweto and Others (1978) Kirkham and Scott (2002) Basin Carbondale Collapse Center (460 sq. mi.) Marble - 12 - REFERENCES Bryant, Bruce and Others, 2002, Geologic Map of the Storm King Mountain Quadrangle, Garfield County, Colorado: U. S. Geological Survey Miscellaneous Field Studies Map MF -2389. Dubiel, R. F., 1993, Preliminary Geologic Radon Potential Assessment of Colorado in Geologic Radon Potential EPA Region 8, Colorado, Montana, North Dakota, South Dakota, Utah and Wyoming: U. S. Geological Survey Open File Report 93- 292-H. Frankel, A. D. and Others, 2002, Documentation for the 2002 Update of the National Seismic Hazard Maps: U. S. Geological Survey Open File Report 02-420. Hepworth-Pawlak Geotechnical, 2009, Subsoil Study for Foundation Design, Proposed Residence, Lot 3, Old Orchard Subdivision, 44523 Highway 6, Garfield County, Colorado: Prepared for Melissa Hefferon, Glenwood Springs, Colorado (Job No. 109 111A, May 18, 2009). Kirkham, R. M. and Rogers, W. P., 1985, Colorado Earthquake Data and Interpretations 1867 to 1985: Colorado Geological Survey Bulletin 46. Kirkham, R. M. and Scott, R. B., 2002, Introduction to Late Cenozoic Evaporite Tectonism and Volcanism in West -Central, Colorado, in Kirkham R. M., Scott, R. B. and Judkins, T. W. eds., Late Cenozoic Evaporite Tectonism and Volcanism in West -Central Colorado: Geological Society of America Special Paper 366, Boulder, Colorado. Kunk, M. J., and Others, 2002, 40Ar/39Ar Ages of Late Cenozoic Volcanic Rocks within and Around the Carbondale and Eagle Collapse Centers, Colorado: Constraints on the Timing of Evaporate -Related Collapse and Incision of the Colorado River„ in Kirkham R. M., Scott, R. B. and Judkins, T. W. eds., Late Cenozoic Evaporite Tectonism and Volcanism in West -Central Colorado: Geological Society of America Special Paper 366, Boulder, Colorado. Nelson -Moore, J. L. and Others, 1978, Radioactive Mineral Occurrences in Colorado: Colorado Geological Survey Bulletin 40, p. 1,054. Scott, R. B. and Others, 2002, Introduction to Late Cenozoic Deformation by Evaporite Tectonism in the Grand Hogback Monocline, Southwest of the White River Uplift, Colorado, in Kirkham R. M., Scott, R. B. and Judkins, T. W. eds., Late Cenozoic Evaporite Tectonism and Volcanism in West -Central Colorado: Geological Society of America Special Paper 366, Boulder, Colorado. Job No, 109 111B 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 August 17, 2009 Mr. Frank Jarman Planning Director Garfield County Building and Planning 108 Sth Street Suite 401 Glenwood Springs, Colorado 81601 _fj armanY Barfield-county.com Re: Old Orchard Subdivision, Sketch Plan, CGS GA -10-0001_1 Dear Mr. Jarman: COLORADO DEPARTMENT OF NATURAL RESOURCES Bit Ritter Governor Harris D. Sherman Executive Director Vincent Matthews Division Director and State Geologist Thank you for the submittal of the above referenced proposal. The proposal is to divide about 20 acres into four lots, primarily for single-family residential, with lot sizes ranging from about 2 to 12 acres. The largest parcel, lot 1, is already developed with an existing house, cabins, barn, pond, and orchard. The site is bounded by two drainages on the east and the west.+ The applicant's geologic hazard report, done by HP Geotech, adequately describes site conditions and I won't repeat this information. One item of note, not mentioned by HP Geotech, is that wildfire hazards above the eastern drainage are generally more severe than in the smaller basins above the western drainage. As noted in the applicant's report, the site is located on an alluvial fan and each of the lots is at risk to debris flows, mud flows, and alluvial fan flooding. Lot I is at greatest risk from continued debris flows Risks are greatest on the eastern section of the lot. It would be prudent to prohibit the construction of occupied structures in this area and the county should consider establishing building envelopes or no -build areas for Lot I. Mitigation will be needed to protect existing structures in Lot 1. Such mitigation appears to be feasible but was not provided with the sketch plan. The mitigation will need to be planned carefully so that risks to adjacent property and public improvements are not increased. The plans should be subject to approval by the county. Additional information on the degree and extent of hazards would also be required. The risks to other lots appear to be lower; the tributary basins are smaller, less steep, and have a lower wildfire risk. In the future, if landslides, severe burn areas, or other significant land disturbances occur in the drainage basins above the lots, mitigation may be needed. The geologic hazard report references a foundation report but does not provide any geotechnical information on soils; One hazard or soil constraint not mentioned by the applicant is collapsible soil. Structures build on alluvial fans, including those in Glenwood Springs, Meeker, Rangely, Gypsum, Edwards, and Basalt; have experienced damages due to soil collapse and settlement. A site-specific soils and foundation investigation should be done for each building prior to issuance of building, permits. In addition, if public roads are proposed, the county may wish to ensure that such roads are properly designed to mitigate any soil constraints. Mr. Frank Garman P age 2 August 17, 2009 In summary, the site contains severe geologic hazards that will require additional investigation and mitigation. Though mitigation is feasible, to the extent possible, development in the northern and eastern sections of Lot 1 should be avoided. Mitigation plans should be required for Lot 1 and subject to county review and approval. Please contact me if you have any questions or concerns. I can be reached at 303.866.2018 or by email at karen.berry@state.co.us. Sincerely, Jcilosin Karen A. Berry Geological Engineer, PG, AICP, CPESC-SWQ January 8, 2010 Rocky Gabossi 44523 US Highway 6 Glenwood Springs, Colorado 81601 Job No. 109 111B Subject: Response to CGS Letter dated August 17, 2009 and Additional Recommendations, Proposed Old Orchard Subdivision, 44523 US Highway 6, Garfield County, Colorado Dear Mr. Gabossi: As requested, the undersigned met with you, John Taufer and Dave Kotz, PE on January 7, 2010 to discuss the CGS findings and other project issues. We previously conducted a preliminary geologic site assessment for the subdivision development and presented our findings in a report dated May 29, 2009, Job No. 109 111B. Subsequently, we conducted percolation testing on proposed Lots 2 and 4 and presented our findings in a report dated August 31, 2009, Job No. 109 11 IB. We have also been provided a Preliminary Plan Drainage Report for the project by Schmueser Gordon Meyer (SGM) dated December 2009. The main issues raised by the CGS consist of: 1) Potential debris flow impacts to Lot 1 2) Potential debris flow impacts to Lots 2, 3 and 4 3) Impacts of collapsible soils on buildings 4) Proper road design for soil conditions The responses in order of the CGS are presented below. Potential debris flow impacts to Lot 1: Lot 1 is occupied by the original property development. We understand that no new residential development is proposed on this lot. The existing residence is located in the higher, crest part of the alluvial fan and potential for debris flow impact appears remote. We concur with the CGS that future plans for development should be approved by the County including evaluation of potential debris flow impacts and the need for mitigation. In our opinion, the evaluation and mitigation design should be conducted at the time of building permit rather than setting a building envelope at this time since future building sites, if any, are not known at this time and mitigation evaluation and design options will depend on the type and location of future proposed development. We indicated on page 8 of our May 29, 2009 report that the debris flow in the pond was up to nearly 20 feet deep. This is more like the elevation difference across the pond construction area and the debris flow depth resulting from the 2007 event Rocky Gabossi January 8, 2010 Page 2 is much less. Likewise, the 7 foot mud line noted on the trees in the northern part of Lot I was in the narrow drainage area well away from existing structures. Potential debris flow impacts to Lots 2, 3 and 4: Lots 2, 3 and 4 are potentially impacted if the drainage along the west property line is blocked. The drainage report by SGM recommends protection by constructing a low berm roughly along the property line' where needed to keep potential flows in the existing drainage channel! We concur with their recommendation. Impacts of collapsible soils on buildings: We concur with the CGS that there could be collapsible soils on the property. We pointed this out in our previous report on page 8 and referenced our previous subsoil study report performed for foundation design of a residence on Lot 3, Job No. 109 111A dated May 18, 2009. We understand that the subdivision approval will also specify engineered foundations for building permit on all of the lots that will require a site specific soils report for the foundation designs Proper road design for soil conditions: A private gravel road is proposed to access Lots 2, .3 and 4. The soils encountered on Lots 2, 3 and 4 are mainly fine-grained with relatively low support value. A gravel road section shown on preliminary plan drawings by SGM detail 6 inches of CDOT Class 6 aggregate base course on Mirafi 500X fabric placed on the native soils. We recommend a 12 -inch thick granular subbase such CDOT Class 2 aggregate base course also be provided: If a biaxial geogrid such as Tensar BXI 1 00 is used on the native subgrade, the Class 2 subbase can be reduced by about 3 inches. If you have any questions or need further assistance, please call our office. Sincerely, HEPWORTH — PAWLAF .t ICAL, INC. Steven L. Pawlak, P. t'Xi 1 5 2 2 2 0.0 SLP/ksw �t , J;,.',;*Siol~inx. tt .. cc: John L. Taufer & Asst ttn: John Taufer Schmueser Gordon Meyer — Attn: Dave Kotz, PE Job No. 109 111B GLV tech August 31, 2009 Rocky Gobossi 44523 U.S. Highway 6 Glenwood Springs, Colorado 81601 Job No. 109 111B Subject: Percolation Testing, Lots 2 and 4, Proposed Old Orchard Subdivision, U.S. Highway 6, Garfield County, Colorado Dear Mr. Gobossi: As requested by John Taufer, Hepworth - Pawlak Geotechnical, Inc., performed percolation testing at the subject site. The testing was done in addition to our proposal for professional services to you, dated April 20, 2009. We previously conducted a preliminary geologic site assessment for the Old Orchard Subdivision and presented our findings in a report dated May 29, 2009, Job No. 109 111B. A profile pit and three percolation test holes were excavated at the designated locations on Lots 2 and 4 on August 26, 2009 as shown on Figure 1. The subsoils exposed in the profile pits consisted of about 6 inches of topsoil overlying silty clayey sand with scattered gravel and cobbles to the bottom pit depths of 7 and 71/2 feet on Lots 2 and 4, respectively. The subsoils at Lot 2 had a higher clay content and the subsoils at Lot 4 had variable rock content. Laboratory testing performed on samples obtained from the profile pits consisted of natural moisture content, dry density and percent finer than sand size gradation analyses. The laboratory testing is summarized on Table 1. No free water or evidence of a seasonal perched water table was observed in the profile pits,and- the soils were slightly moist to moist. Percolation test holes were hand dug and soaked with water on August 26, 2009. Percolation testing was conducted on August 27, 2009 by a representative of Hepworth - Pawlak Geotechnical, Inc. The percolation rates varied from about 53 to 80 minutes per inch on Lot 2 and from 10 to 13 minutes per inch on Lot 4. The percolation test results are summarized on Table 2. Based on the subsurface conditions encountered and the percolation test results, the tested areas should be suitable for an on-site waste disposal ' Rocky Gobossi August 31, 2009 Page 2 system. Additional testing could be needed when the proposed development on the lot has been determined. If you have any questions or need further assistance, please call our office. Sincerely, HEPWORTH - PAWLAK GEOTECHNICAL, INC. Reviewed by: • Steven L. Pawlak, P. i si (r 15222 :u* LEE/ksw;.•=,agnv sL 4;;a / Attachments Figure 1 — Location of Percolation Test Holes Table 1 — Summary of Laboratory Test Results Table 2 — Percolation Test Results cc: John L. Taufer & Associates — Attn: John Taufer Job No. 109 1 1 1 B Gec�tech Approximate Scale 1"=150' 5640' 1 Williams irrigation Ditch Irrigation Ditch 5720' 5700' \ 5710' \ 5680' \\ \ \ \ \ \ V \ \ \ / \ 5790' \ \ / \ ` \ \ / \ \ \\ \ \ / / \ \ \ \ \ / //i \ \ \ / / / \ \ / / / 55650660 r( 5670 \ \ // //�� �N \ \\\\\\\‘ \ / / `N \ \\ \ \ \ \\ 5720'/%/ // / N. N. \ \ \\ \\\ \\ `J /�/� "-- Proposed Residence ' \ \ \ \ 5700 X5670' / \ \\ \ \ �/i�5680' i� \\ \ i�'� i� 5650' mss% N N. y ����� 5660,' . `��—�Lot1��i f ��i 5640' / _ 1 P2 A z1P3 / IL\ AI 5630' / PROFILE _ PIT 2 Lot 4 Lot 2 Cabins / pAPA A Iii Existi g PROFILE Residence PIT 1 X Existing Orchard Existing Pond Barn �D Cabin OBarn Driveway U. S. Highway 6 109 111B H Hepworth—Pawlak Geotechnical LOCATION OF PERCOLATION TEST HOLES Figure 1 HEPWORTH-PAWLAK GEOTECHNICAL, INC. TABLE 1 SUMMARY OF LABORATORY TEST RESULTS Job No. 109 111E SAMPLE LOCATION NATURAL MOISTURE CONTENT (%) NATURAL DRY DENSITY (pcf) GRADATION PERCENT PASSING NO. 200 SIEVE A1TERBERG LIMITS UNCONFINED COMPRESSIVE STRENG 1-I (PSF) SOIL TYPE Profile Pit Depth (ft) GRAVEL (%) SAND (%) LIQUID LIMIT (%) PLASTIC INDEX (%) 1 (Lot 2) 4 7.4 108 42 Silty Clayey Sand 2 (Lot 4) 3 11.5 104 37 Silty Clayey Sand 1 , _ 1 HEPWORTH-PAWLAK GEOTECHNICAL, INC. TABLE 2 PERCOLATION TEST RESULTS LOT 2 JOB NO. 109 1118 Page 1of2 HOLE NO. HOLE DEPTH (INCHES) LENGTH OF INTERVAL (MIN) WATER DEPTH AT START OF INTERVAL (INCHES) WATER DEPTH AT END OF INTERVAL (INCHES) DROP IN WATER LEVEL (INCHES) AVERAGE PERCOLATION RATE (MIN./INCH) P 1 44 20 8 7% 1/4 80 7% 75/s 14 7s/ 71/2 1/9 71/2 7% % 7% 71A 1/4 7' 6% 1/4 P2 45 10 81 8 1/2 53 8 71/2 1/2 71/2 7 1/4 1/4 71/4 7 1/4 7 6% 1/4 6% 61/2 1/4 61/2 63/ % 63 61/4 14 61/4 6 1/4 P3 48 10 93/4 91/4 1/2 80 91/4 8% 1/2 8% 81/4 1/2 81/4 8 1/4 8 7% 1/4 7% 71/2 1/4 71/2 71/4 1/4 71/4 7 1/4 7 6% 6% 63/ % Note: Percolation test holes were hand dug in the bottom of backhoe pits and soaked on August 26, 2009. Percolation tests were conducted on August 27, 2009. The average percolation rates were based on the last two readings of each test. HEPWORTH-PAWLAK GEOTECHNICAL, INC. TABLE 2 PERCOLATION TEST RESULTS LOT 4 )OB NO. 109 111B Page2of2 HOLE NO. HOLE DEPTH (INCHES) LENGTH OF INTERVAL (MIN) WATER DEPTH AT START OF INTERVAL (INCHES) WATER DEPTH AT END OF INTERVAL (INCHES) DROP IN WATER LEVEL (INCHES) AVERAGE PERCOLATION RATE (MIN./INCH) P1 45 15 refill 73 6 13/ 13 6 41/4 1% 41/4 21/2 13 71/2 6 11/2 6 41/2 11/2 41/2 33/ 3/4 P 2 49 15 refill 6% 41/2 21/4 10 41 2'/4 21/4 91/4 71/4 2 71/4 51/4 2 51/4 31/4 2 31/4 21/4 1 P 3 47 15 refill 81/2 61/2 2 11 61/2 5 11/2 5 31/2 11/2 8 61/4 13/ 61/4 43/ 11/2 43/ 31 11/4 Note: Percolation test holes were hand dug in the bottom of backhoe pits and soaked on August 26, 2009. Percolation tests were conducted on August 27, 2009. The average percolation rates were based on the last two readings of each test. Old Orchard Subdivision GARFIELD COUNTY, COLORADO PRELIMINARY PLAN DRAINAGE REPORT December 2009 Prepared by David M. Kotz, P.E. Schmueser Gordon Meyer, Inc. 118 West 6t1, Street, Suite 200 Glenwood Springs CO 81601 PROJECT DESCRIPTION Old Orchard Subdivision consists of 20.22 -acre parcel located about 1 mile west of Canyon Creek and just north of Highway 6. This Preliminary Plan proposes to create four two -acre plus rural lots. Lot 1 will comprise the historic main house, cabin and barn complex on the east side of the property. The existing pond and orchard will also fall in the limits of Lot 1. Lots 2, 3 & 4 will be created for new residential structures. The main access road and cul-de-sac has been graded in to the new lots. An ADU is currently under construction on Lot 3. Refer to the Preliminary Plan for the layout and topography of the property. DRAINAGE CONSIDERATIONS On-site drainage considerations are fairly straight forward and building code recommendations will be sufficient to protect structures from runoff generated on the property and in the lesser offsite basins. Two larger offsite basins, as shown on the Offsite Basin Map, do have the potential to impact the Old Orchard Subdivision. Both basins have appreciable area and are steep and capable of producing flash floods in response to thunderstorms. BASIN A8OVF YRS -FY f A CRIERS Upper limits of Basin 2 and Adjacent Areas I1200912009-336.001 Old Orchard SublPrelimPlan101dOrchardPPDrainageDec2009 doc 2 Debris flows are also a concern in both of these basins. This has been discussed at Sketch Plan in H -P Geotech's "Preliminary Geologic Site Assessment" May 29, 2009 and in the Colorado Geological Survey review letter dated August 17, 2009. Portions of these areas burned in a wild fire in 2007, just over two years ago. Heavy debris flows occurred later that summer. The Burn Area Emergency Rehabilitation (BAER) consisted of aerial seeding in February of 2008 by the BLM. Aerial straw mulching was planned but funding never came thru. The good news is that some areas have re -vegetated with the initial BAER effort and thru nature. This year's wet weather helped much of the area partially recover and soil loss rates are certainly lower that in 2007; exceptions being some steep south facing slopes that remain barren. Per the August letter, the CGS still believes there is debris flow risk and that mitigation and/or creation of "no build" areas is warranted on Lot 1. Risks to other lots are lesser but they should be acknowledged. The goal of this drainage report is to analyze the basins to determine "clean water" flood flows and facilitate judgments as to risk and appropriate mitigation of debris flows. DRAINAGE BASIN 1 Basin 1 is a 289 acre drainage that delivers flow to Lot 1. While the stream channel intermittently carries stormwater runoff, irrigation flows from the Williams Canal are carried most of the year. The channel crosses the existing driveway in a 60" smooth -interior corrugated HDPE culvert, bypasses the pond and crosses Highway 6 in a 6' concrete box culvert. Irrigation diversions that deliver flow to the pond are located upstream of the driveway. In response to the 2007 debris flows, a two to three foot high berm was placed on west bank to aid in protecting existing structures. 1:12009\2009-336.001 Old Orchard Sub\PrelimPlan101dOrchardPPOrainageDec2009.doc 3 Drainage Basin 1 Channel DRAINAGE BASIN 2 Basin 2 is a 57 acre drainage that delivers flow to the drainage easement on the west side of Lots 3 and 4. Flow proceeds down the natural channel west of the access road and crosses Highway 6 in a 24" culvert. 1:1200912009-336.001 Old Orchard SublPrelimPlan\OldOrchardPPDrainageoec2009.doc 4 Drainage Basin 2 Channel HYDROLOGIC ANALYSIS This section discusses the methodology, procedures and results of the drainage analysis conducted by SGM. Complete calculations are attached. Methodology The NRCS TR -55 method was used for estimating the amount of runoff that will occur as a result of a particular precipitation event. This method calculates runoff from individual basins based on the basin area, SCS curve number, precipitation and the time of concentration. Drainage Basin Area Basins 1 and 2 are tributary to the Old Orchard Subdivision. The Basins are delineated on the Offsite Basin Map. Areas are 289 acres and 57 acres respectively as calculated by AutoCAD. 1:1200912009-336.001 Old Orchard SublPreiimPlan1OldOrchardPPDrainageDec2009.doc 5 SCS Curve Number A SCS curve number is assigned to each basin. The curve number provides the relationship between the amount of precipitation and the amount of subsequent runoff. The curve number is a function of soil type, vegetative -cover, land use, and antecedent moisture conditions. A map and description of soil types and their boundaries based on the National Cooperative Soil Survey are attached. These were taken from the United States Department of Agriculture Natural Resources Conservation Service Web Soil Survey 1.1. An area -weighted average curve number is assigned to each sub -area due to the variation in soil types, impervious and vegetative cover. Soil types are predominantly Hydrologic Soil Group D. To account for the effects of the 2007 fire, a poor vegetative cover condition was applied over much of the areas. This results in conservatively high runoff curve numbers. Refer to the Win TR -55 Land Use Summary for specifics. Precipitation Large runoff events in this region of Western Colorado are caused by cloudburst type storms that are characterized by short durations of high intensity rainfall. The SCS Type II 24-hour distribution best represents these types of storms and was used for this analysis. Rainfall depths were taken from the NOAA Atlas 2, Precipitation -Frequency Atlas of the Western United States, Volume III- Colorado. Values for the 5-, 10-, 25-, 50- and 100 -year are 1.40, 1.60, 2.00, 2.20 and 2.50 inches, respectively. Time of Concentration/Travel Time Time of concentration (TC) is an important parameter in runoff modeling. It is defined as the time it would take for a drop of water falling on the most hydraulically remote point in the watershed to reach the outfall. TR -55 uses a segmented approach consisting of three components: sheet flow, overland flow, and channel flow, to estimate (TC). The length of flow, surface roughness, slope and channel geometry all factor in. Flow velocities are estimated using Manning's kinematic flow equation. Shorter TC's produce more rapid runoff and comparatively higher peaks. This is the case for the steep, basins above Old Orchard as TC's are only about 17 and 13 minutes. Analysis & Results The following table summarizes the drainage characteristics of The Old Orchard sub -areas and 1:12009\2009-336.001 Old Orchard SublPrelimPlan1OldOrchardPPDrainageDec2009.doc 6 presents results of the 5-, 10-, 25- , 50- and 100 -year analyses. Complete computer output follows. These results are purposely high and conservative. TR -55 Parameters & Results BASIN AREA CN TG Qs Qs° Q25 Q50 Qsoo [ac] [hr] [cfs] [cfs] [cfs] [cfs] [cfs] 1 289 86_ 0,276 141 188 291 346 430 2 57 85 0.216 27 37 59 70 88 ANALYSIS OF RESULTS AND RECOMMENDATIONS BASIN 1 Again, these "clean water" flood flows are intended to be conservatively high. The 5 -Yr flow of 141 cfs equates roughly to the capacity of the 60" driveway culvert. Excess flows will simply overtop the driveway and continue to the pond and Highway 6 box culvert. The newly constructed berm adds significant capacity to the channel and will do much to protect the existing structures. A debris grate may help to reduce clogging at the driveway culvert, but it would have to be maintained and periodically cleared. As no new development is occurring on Lot 1 and the risk to occupied structures is minimal, no improvements or mitigation is proposed at this time. At such time as a Building Permit is required in the future, it is suggested that the applicant be required to demonstrate that construction is outside hazard areas or appropriate mitigation will be completed as part of the work. BASIN 2 Flows generated by Basin 2 are substantially less than Basin 1 flows. The as -constructed roadway platform provides a sufficient barrier to floods for Lot 4 and areas below. The building envelop for Lot 3 is closer to the recent debris flow deposits. To minimize risk, berming may be required between the channel and building envelop. Assuming a bulking factor of 2.0 and the 100 -year flow of 88 cfs, berming to a minimum height of 3' above the channel invert in manner that provides > 30 sf of cross-sectional area would be appropriate. This berm should be tied in to the westerly edge of the road. Final location should be field determined to best fit topography and minimize impacts to vegetation. DMK 1:12009\2009-336.001 Old Orchard Sub\PrelimPIan10ldOrchardPPDrainageDec2009.doc 7 OLD ORCHARD SUBDIVISION • -\ .„/ � V • I • " e/Yob •1 4 I� ldti. 1 •N • ! � ` J`i • 1 • rr• L/* ' l \ I� • t • 1 • w _ • r 1 \ .•' \; ' . .: 43-..,, ---�, S f I ,,\ , , '- 1 • s. —a., N, r. ., . - ,„ .— _•,ti - . _--:—. ."6P0t).._„:511 . .. 4/1,, i . '\' •J^tiF ' • f • ;Y E • • rf l 411 f . e '` SIM r 1..••••. r' 1 . I +, &UB4' •ARBA� -•/\ -J ' �•S� orf 1 2 •r. ri' II - ' 1 • .- / •• y • so! kriASR CORDON .1IJ1"S'BR, IHC. : Aa, Ok# Or'ehoidp.•a%nage.dng ..,b No. X09-- ,3601 001,, 7z/o9/10119 r?y: AIW USDA United States Department of Agriculture 4 \CS Natural Resources Conservation Service A product of the National Cooperative Soil Survey, a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local participants Custom Soil Resource Report for Rifle Area, Colorado, Parts of Garfield and Mesa Counties November 17, 2009 39° 35' 16' 0 M 0 0 00 CO r> co 0 39° 34 13" Custom Soil Resource Report Soil Map 2=:' 0 288200 288400 288600 %.0 289000 289200 107° 27' 12 288000 288200 288400 Map Sca3e: 1:9.370 if printed onA size (8.5' x 11") sheet ■ Meters 0 50 100 200 300 288600 Feet 0 350 700 1,400 2,100 288800 289000 289200 39'35'18" 0 0 0 0 0 m O 0 0 0 M d 0 (0 d m v 0 M d 0 M 39' 34' 14" Custom Soil Resource Report MAP LEGEND MAP INFORMATION Area of Interest (AO1) ! Area of Interest (AOI) Soils Soil Map Units Special Point Features Blowout ® Borrow Pit X Clay Spot Closed Depression x, Gravel Pit Gravelly Spot Landfill A. Lava Flow Marsh or swamp 9. Mine or quarry t Miscellaneous Water O Perennial Water Rock Outcrop t Saline Spot Sandy Spot Severely Eroded Spot Sinkhole y> Slide or Slip Ar Sodic Spot Spoil Area Stony Spot Very Stony Spot 7 Wet spot A. Other Special Line Features Gully Short Steep Slope Other Political Features 0 Cities Water Features Oceans Streams and Canals Transportation ++ t Rails rtir Interstate Highways ti- US Routes Major Roads Local Roads Map Scale: 1:9,370 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: Rifle Area, Colorado, Parts of Garfield and Mesa Counties Survey Area Data: Version 6, Mar 25, 2008 Date(s) aerial images were photographed: 7/19/2005 The orthophoto or other base map on which the soil tines 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. Custom Soil Resource Report Map Unit Legend vnee. 6104 Rifle Area, Colorado, Parts of Garfield and Mesa Counties (C0683) Map Unit Symbol Map Unit Name Acres In AOI Percent of A01 8 57 67 69 Atencio-Azettine complex, 1 to 3 percent slopes Begay sandy loam, 1 to 6 percent slopes Potts-Ildefonso complex, 3 to 12 percent slopes Torriorthents-Rock outcrop complex, steep 3.7 22.2 2.6 318.4 Vale silt loam, 6 to 12 percent slopes 36.8 L 383.6 Totals for Area of Interest Map Unit Descriptions The map units delineated on the detailed soil maps in a soil survey represent the soils or miscellaneous areas in the survey area. The map unit descriptions, along with the maps, can be used to determine the composition and properties of a unit. A map unit delineation on a soil map represents an area dominated by one or more major kinds of soil or miscellaneous areas. A map unit is identified and named according to the taxonomic classification of the dominant soils. Within a taxonomic class there are precisely defined limits forthe properties of the soils. On the landscape, however, the soils are natural phenomena, and they have the characteristic variability of all natural phenomena. Thus, the range of some observed properties may extend beyond the limits defined for a taxonomic class. Areas of soils of a single taxonomic class rarely, if ever, can be mapped without including areas of other taxonomic classes. Consequently, every map unit is made up of the soils or miscellaneous areas for which it is named and some minor components that belong to taxonomic classes other than those of the major soils. Most minor soils have properties similar to those of the dominant soil or soils in the map unit, and thus they do not affect use and management. These are called noncontrasting, or similar, components. They may or may not be mentioned in a particular map unit description. Other minor components, however, have properties and behavioral characteristics divergent enough to affect use or to require different management. These are called contrasting, or dissimilar, components. They generally are in small areas and could not be mapped separately because of the scale used. Some small areas of strongly contrasting soils or miscellaneous areas are identified by a special symbol on the maps. If included in the database for a given area, the contrasting minor components are identified in the map unit descriptions along with some characteristics of each. A few areas of minor components may not have been observed, and consequently they are not mentioned in the descriptions, especially where the pattern was so complex that it was impractical to make enough observations to identify all the soils and miscellaneous areas on the landscape. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The objective of mapping is not to delineate pure taxonomic classes but rather to separate the landscape into landforms or landform segments that have similar use and management requirements. The delineation of such segments 10 1.0% 5.8% 0.7% 83.0% 9.6% 100.0% Custom Soil Resource Report on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, however, onsite investigation is needed to define and locate the soils and miscellaneous areas. An identifying symbol precedes the map unit name in the map unit descriptions. Each description includes general facts about the unit and gives important soil properties and qualities. Soils that have profiles that are almost alike make up a soil series. Except for differences in texture of the surface layer, all the soils of a series have major horizons that are similar in composition, thickness, and arrangement. Soils of one series can differ in texture of the surface layer, slope, stoniness, salinity, degree of erosion, and other characteristics that affect their use. On the basis of such differences, a soil series is divided into soil phases. Most of the areas shown on the detailed soil maps are phases of soil series. The name of a soil phase commonly indicates a feature that affects use or management. Far example, Alpha silt loam, 0 to 2 percent slopes, is a phase of the Alpha series. Some map units are made up of two or more major soils or miscellaneous areas. These map units are complexes, associations, or undifferentiated groups. A complex consists of two or more soils or miscellaneous areas in such an intricate pattern or in such small areas that they cannot be shown separately on the maps. The pattern and proportion of the soils or miscellaneous areas are somewhat similar in all areas. Alpha -Beta complex, 0 to 6 percent slopes, is an example. An association is made up of two or more geographically associated soils or miscellaneous areas that are shown as one unit on the maps. Because of present or anticipated uses of the map units in the survey area, it was not considered practical or necessary to map the soils or miscellaneous areas separately. The pattern and relative proportion of the soils or miscellaneous areas are somewhat similar. Alpha - Beta association, 0 to 2 percent slopes, is an example. An undifferentiated group is made up of two or more soils or miscellaneous areas that could be mapped individually but are mapped as one unit because similar interpretations can be made for use and management. The pattern and proportion of the soils or miscellaneous areas in a mapped area are not uniform. An area can be made up of only one of the major soils or miscellaneous areas, or it can be made up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example. Some surveys include miscellaneous areas. Such areas have little or no soil material and support little or no vegetation. Rock outcrop is an example. 11 Custom Soil Resource Report Rifle Area, Colorado, Parts of Garfield and Mesa Counties 8—Atencio-Azeltine complex, 1 to 3 percent slopes Map Unit Setting Elevation: 5,000 to 7,000 feet Map Unit Composition Azeltine and similar soils: 45 percent Atencio and similar soils: 45 percent Description of Atencio Setting Landform: Alluvial fans, terraces Landform position (three-dimensional): Tread Down-slope shape: Convex Across -slope shape: Convex Parent material: Mixed alluvium derived from sandstone and shale Properties and qualities Slope: 1 to 3 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 (0.20 to 2.00 in/hr) Depth to water fable: More than 80 inches Frequency of flooding: None Frequency of ponding. None Calcium carbonate, maximum content: 10 percent Maximum salinity: Nonsaline (0.0 to 2.0 mmhos/cm) Available water capacity.• Low (about 3.8 inches) Interpretive groups Land capability classification (irrigated): 4s Land capability (nonirrigated): 4s Ecological site: Rolling Loam (R048AY298C0) Typical profile 0 to 11 inches: Sandy loam 11 to 23 inches: Gravelly sandy clay loam 23 to 28 inches: Gravelly sandy loam 28 to 60 inches: Extremely cobbly sand Description of Azeltine Setting Landform: Terraces, alluvial fans Landform position (three-dimensional): Tread Down-slope shape: Convex, linear Across -slope shape: Convex, linear Parent material: Mixed alluvium derived from sandstone and shale Properties and qualities Slope: 1 to 3 percent Depth to restrictive feature: More than 80 inches 12 Custom Soil Resource Report 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: 10 percent Maximum salinity: Nonsaline (0.0 to 2.0 mmhos/cm) Available water capacity: Very low (about 2.5 inches) Interpretive groups Land capability classification (irrigated): 4s Land capability (nonirrigated): 4s Ecological site: Rolling Loam (R048AY298C0) Typical profile 0 to 18 inches: Gravelly sandy loam 18 to 60 inches: Extremely gravelly sand 10—Begay sandy loam, 1 to 6 percent slopes Map Unit Setting Elevation: 5,000 to 6,500 feet Map Unit Composition Begay and similar soils: 90 percent Description of Begay Setting Landform: Valley sides, alluvial fans Down-slope shape: Convex, linear Across -slope shape: Convex, linear Parent material: Alluvium derived from sandstone and shale Properties and qualities Slope: 1 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 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: 10 percent Maximum salinity.' Nonsaline (0.0 to 2.0 mmhos/cm) Available water capacity: Moderate (about 6,3 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability (nonirrigated): 4e 13 Custom Soil Resource Report Ecological site: Rolling Loam (R048AY298C0) Typical profile 0 to 14 inches: Sandy roam 14 to 24 inches: Fine sandy loam 24 to 60 inches: Stony sandy loam 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 lldefonso 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: Nonsafine (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 14 Custom Soil Resource Report 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 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 67—Torriorthents-Rock outcrop complex, steep Map Unit Setting Elevation: 5,800 to 8,500 feet Mean annual precipitation: 10 to 15 inches Mean annual air temperature: 39 to 46 degrees F Frost -free period: 80 to 105 days Map Unit Composition Torriorthents, steep, and similar soils: 60 percent Rock outcrop, steep: 25 percent Description of Torriorthents, Steep Setting Landform: Mountainsides Landform position (two-dimensional): Footslope Landform position (three-dimensional): Mountainflank, base slope Down-slope shape: Concave, convex Across -slope shape: Concave, convex Parent material.: Stony, basaltic alluvium derived from sandstone and shale Properties and qualities Slope: 15 to 70 percent Depth to restrictive feature. 4 to 30 inches to Iithic bedrock Drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately low to moderately high (0.06 to 0.20 in/hr) 15 Custom Soil Resource Report Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 5 percent Maximum salinity: Nonsaline (0.0 to 2.0 mmhos/cm) Available water capacity: Very low (about 2.4 inches) Interpretive groups Land capability (nonirrigated): 7e Typical profile 0 to 4 inches: Variable 4 to 30 inches: Fine sandy loam 30 to 34 inches: Unweathered bedrock Description of Rock Outcrop, Steep Setting Landform: Mountainsides Landform position (three-dimensional): Free face Down-slope shape: Convex Across -slope shape: Convex Properties and qualities Slope: 15 to 70 percent Depth to restrictive feature: 0 inches to paralithic bedrock Capacity of the most limiting layer to transmit water (Ksat): Very low to moderately high (0.00 to 0.20 in/hr) Available water capacity: Very low (about 0.0 inches) Interpretive groups Land capability (nonirrigated): 8s Typical profile 0 to 60 inches: Unweathered bedrock 69—Vale silt loam, 6 to 12 percent slopes Map Unit Setting Elevation: 5,000 to 7,200 feet Map Unit Composition Vale and similar soils: 90 percent Description of Vale Setting Landform: Alluvial fans, benches, mesas Down-slope shape: Linear, convex Across -slope shape: Linear, convex Parent material: Calcareous eolian deposits 16 Custom Soil Resource Report 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 10.5 inches) Interpretive groups Land capability classification (irrigated): 4e Land capability (nonirrigated): 4e Ecological site: Deep Loam (R048AY292C0) Typical profile 0 to 7 inches: Silt loam 7 to 11 inches: Silt loam 11 to 26 inches: Silty clay loam 26 to 60 inches: Silt loam 39° 35 16' 0 M P 0 0 0 39°34'13" m Custom Soil Resource Report Map—Hydrologic Soil Group N 0 288000 288 '0 268400 288600 288800 289000 289200 N 0 288000 268200 288400 288600 288800 289000 28. 00 Map Scale: 11,370 A punted on A size (8, 5" x 11'1 sheet Meters 0 50 100 200 300 Feet 0 350 700 1,400 2,100 0 39° 35' 18" 0 v a 0 v 0 0 : 39°34'4" Custom Soil Resource Report MAP LEGEND MAP INFORMATION Area of Interest {AO1j Area of Interest (AOI) Soils Soil Map Units Soil Ratings 0 A 0 AID Map Scale: 1:9,370 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: httpJlwebsoiisurvey.nres.usda.gov g Coordinate System: UTM Zone 13N NAD83 810 This product is generated from the USDA-NRCS certified data as of C the version date(s) listed below. C/D Soil Survey Area: Rifle Area, Colorado, Parts of Garfield and Mesa D Counties Not rated or not available Survey Area Data: Version 6, Mar 25, 2008 Political Features S Cities Water Features Oceans Streams and Canals Transportation Rails ,ry Interstate Highways US Routes Major Roads Local Roads Date(s) aerial images were photographed: 7/19/2005 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. Custom Soil Resource Report Table—Hydrologic Soil Group Hydrologic Soil Group— Summary by Map Unit— Rifle Area, Colorado, Parts of Garfield and Mesa Counties Map unit symbol Map unit name Rating Acres In AOI Percent of AOI 8 Atencio-Azeltine complex, 1 to 3 percent slopes B 10 Begay sandy loam, 1 to 6 percent slopes B 1 57 Potts-lldefonso complex, 3 to 12 percent B slopes ------- -------- 67 Torriorthents-Rock outcrop complex, steep D 69 Vale silt loam, 6 to 12 percent slopes B Totals for Area of Interest 3.7 22.2 2.6 Rating Options—Hydrologic Soil Group Aggregation Method: Dominant Condition Component Percent Cutoff. None Specified Tie-break Rule: Lower 22 1.0% 5.8% 0.7% . 318.4 83.0% 36.8 9.6% 383.6 100.0% WinTR-55 Current Data Description --- Identification Data --- User: DMK Date: 12/8/2009 Project: Old Orchard Subdivision Units: English SubTitle: Offsite Watershed Areal Units: Acres State: Colorado County: Garfield Filename: I:\2009\2009-336.001 Old Orchard Sub\PrelimPlan\OldOrchard.w55 Name - -- Sub -Area Data --- Description Reach Area(ac) RCN Tc Sub -area 1 Tributary to Lot 1 Outlet 288.66 86 .276 Sub -area 2 Tributary to Lot 3 Outlet 57.06 65 .216 Total area: 345.92 (ac) - -- Storm Data -- Rainfall Depth by Rainfall Return Period 2 -Yr 5 -Yr 10 -Yr 25 -Yr 50 -Yr 100 -Yr 1 -Yr (in) (in) (in) (in) (in) (in) (in) 1.0 1.4 1.6 2.0 2.2 Storm Data Source: User -provided custom Storm data Rainfall Distribution Type: Type II Dimensionless Unit Hydrograph: <standard> winTR-55, Version 1.00.08 2.5 1.0 Page 1 12/8/2009 2:15:48 PM OM1 Old Orchard Subdivision Offsite watershed Garfield County, Colorado Storm Data Rainfall Depth by Rainfall Return Period 2 -Yr 5 -Yr 10 -Yr 25 -Yr 50 -Yr 100 -Yr 1 -Yr (in) (in) (in) (in) (in) (in) (in) 1.0 1.4 1.6 2.0 2.2 Storm Data Source: User -provided custom storm data Rainfall Distribution Type: Type II Dimensionless Unit Hydrograph: <standard> WinTR-55, Version 1.00.08 Page 1 2.5 1.0 12/8/2009 2:15:4B PM DMK Old Orchard Subdivision Offsite Watershed Garfield County, Colorado Watershed Peak Table Sub -Area Peak Flow by Rainfall Return Period or Reach 2 -Yr 5 -Yr 10 -Yr 25 -Yr 50 -Yr 100 -Yr Identifier (cfs) (cfs) (cfs) (cfs) (cfs) (cfs) SUBAREAS Sub -area 1 57.61 140.60 188.16 290.93 345.80 429.68 Sub -area 2 REACHES CUTLET 10.66 27.47 37.27 58.56 69.90 87.54 67.78 167.24 224.08 347.64 412.94 514.16 WinTR-55, Version 1.00.08 Page 1 12/8/2009 2:15:48 PM DMK Old Orchard Subdivision Offsite Watershed Garfield County, Colorado Hydrograph Peak/Peak Time Table Sub -Area Peak Flow and Peak Time (hr) by Rainfall Return Period or Reach 2 -Yr 5 -Yr 10 -Yr 25 -Yr 50 -Yr 100 -Yr Identifier(cfs) (cfs) (cfs) (cfs) (cfs) (cfs) {hr) (hr) (hr) (hr) (hr) (hr) SUBAREAS Sub -area 1 57.61 140.60 188.16 290.93 345.80 429.68 12.09 12.08 12.08 12.07 12.06 12.07 Sub -area 2 10.66 27.47 37.27 58.56 69.90 67.54 12.07 12.04 12.04 12.04 12.03 12.03 REACHES OUTLET 67.78 167.24 224.08 347.64 412.94 514.16 WinTR-55, Version 1.00.08 Page 1 12/8/2009 2:15:48 PM GMK Old Orchard Subdivision Offsite Watershed Garfield County, Colorado Sub -Area Summary Table Sub -Area Drainage Time of Curve Receiving Sub -Area Identifier Area Concentration Number Reach Description (ac) (hr) Sub -area 1 288.86 0.276 86 Outlet Tributary to Lot 1 Sub -area 2 57.06 0.216 85 Outlet Tributary to Lot 3 Total Area: 345.92 Iac) WinTR-55, Version 1.00.08 Page 1 12/8/2009 2:15:18 PM DMK Old Orchard Subdivision Offsite Watershed Garfield County, Colorado Sub -Area Time of Concentration Details Sub -Area Flow Mannings's End Wetted Travel Identifier/ Length Slope n Area Perimeter Velocity Time (ft) (ft/ft) (sq ft) (ft) (ft/sec) (hr) Sub -area 1 SHEET 100 0.4000 0.130 0.079 SHALLOW 2200 0.3820 0.050 0.061 CHANNEL 1300 0.3080 0.065 12.00 12.00 12.897 0.028 CHANNEL 4359 0.1835 0.065 22.00 18.00 11.211 0.108 Time of Concentration .276 Sub -area 2 SHEET 100 0.4000 0.130 0.079 SHALLOW 900 0.4000 0.050 0.024 SHALLOW 600 0.1300 0.050 0.029 CHANNEL 2200 0.0727 0.055 8.00 8.00 7.275 0.084 WinTR-55, Version 1.00.08 Time of Concentration .216 Page 1 12/8/2009 2:15:48 PM DMK Sub -Area Identifier Old Orchard Subdivision Offsite Watershed Garfield County, Colorado Sub -Area Land Use and Curve Number Details Land Use Hydrologic Sub -Area Curve Soil Area Number Group (ac) Sub -area 1Paved parking lots, roofs, driveways 0 .5 98 Herbaceous (fair) D 40 89 Oak - aspen(fair) D 5 63 Pinyon -- juniper (poor) 0 150 89 Pinyon - juniper {fair) D 90 80 Sagebrush (w/ grass understory){fair) D 3.36 70 Total Area / weighted Curve Number 288.86 86 Sub -area 2Paved parking lots, roofs, driveways D .7 98 Pasture, grassland or range (fair) D 10 84 Herbaceous (fair) D 5 89 Pinyon - juniper (poor) D 22.06 89 Pinyon - juniper (fair) D 19.3 80 Total Area / Weighted Curve Number WinTR-55, Version 1.00.06 57.06 65 Page 1 12/8/2009 2:15:48 PM SCHMUESER GORDON I MEYER _'11:3I N£E: RS n SURVEYORS 18 w. 6TH. SUITE 200 e7Lp MOOo SPRINGS, CO 8 150 1 970-945-1004 Fx: 970-945-5948 MEMORANDUM P.O. BOX 2155 ASPEN. CO 8 16 12 970-925-6727 FX: 970-925-4 157 TO: Fred Jarman, AICP, Garfield County Planning Director Roc & Mary Gabossi, Owners FROM: Lee Barger, SGM DATE September i 7, 2009 RE: Level I Traffic Assessment Lot 1 - 4 of the Old Orchard Subdivision CDOT Access Permit #309040 - Milepost 109.8 US Highway 6 This Level I Traffic Assessment was prepared to satisfy the requirements set forth in the State of Colorado State Highway Access Code (SHAC) for a site that is proposed to generate under 10 trips in the peak hour. The Old Orchard Subdivision east of New Castle, Colorado is proposing three single-family homes to utilize this new access. Each unit will be allowed an additional Accessory Dwelling Unit (ADU) for a total of six new potential residential units on the site. Site Conditions The existing property that is to be subdivided has two access points along US Highway 6, near milepost 109. The easternmost access will remain open to serve the existing home on the property. The western access will be closed, while a new access wilt be constructed along the west property line to serve the three lots and ADU's in the proposed subdivision. The new access is governed by CDOT's access permit #309040. Trip Generation 1TE's Trip Generation (7th Edition) was used to estimate the traffic that would be generated by the proposed three -home subdivision utilizing the new access. Based on the daily rate for a single-family detached home (Land Use Code #210), the proposed three homes + ADU's would generate approximately 57 trips (9.57 trips per unit x 6 units) on an average weekday. Using the peak hour rates, the site would generate 4 - 5 trips (0.75 trips per unit x 6 units) in the AM peak and 6 trips (1.01 trips per unit x 6 units) in the PM peak hour on an average weekday. This demonstrates that peak hour traffic generation at this access is not expected to exceed 6 vehicles per hour. STATE OF COLORADO Region 3 Traffic Section 222 S. Sixth SL, Room 100 Grand Junction, Colorado 81501 (970) 683-6284 Fax:(970) 683-6290 July 15, 2009 John Taufer PO Box 2271 Glenwood Springs, CO 81602 >11110 Oi7ARNEVI" 01 MANSFORTA ION RE: State Highway Access Permit No. 309040, Located on Highway 006, Milepost 109.8, in Garfield County. Dear Permittee or Applicant: The Colorado Department of Transportation (CDOT) has received your signed permit and application fee. A copy of the issued permit is enclosed. The next step in the CDOT access permitting process is for you (Applicant) to obtain a Notice to Proceed (NTP). Failure to obtain an approved Notice 10 Proceed prior to any construction will be a violation of the State Highway Access Code (2 CCR 601-1,"the Code") § 2.4. Notice to Proceed Information Well in advance of construction, the Applicant shall request a NTP in writing along with submitting other items, such as construction drawings, specifications, and other required documents to CDOT. The Applicant must submit a complete packet of this information to CDOT with their written request. If the Applicant chooses not to request the NTP, the permit expires pursuant to subsection 2.3(11)(d). CDOT has seven days to determine if the NTP submittal is complete for review and then notify the applicant of any deficiencies. If complete, CDOT will review and comment on the submitted information within 30 -days. If CDOT determines the information is unacceptable, missing, or in need of correction, the Applicant shall correct their submittal and resubmit the complete request for NTP. Once resubmitted, CDOT wilt review the revised NTP documents within 10 -days. If the revised documents are satisfactory, CDOT will issue a NTP. If further corrections are necessary, the cycle of submittal, review and comments will repeat itself until approval is granted and the NTP is issued. The request for NTP shall include the following documents, along with any other items specified in the Terms and Conditions of your permit: 1) Cover Letter Requesting a NTP (include firm name, PE name and contact number) 2) Traffic Control Plan (2 copies) The traffic control plan must be: A. Consistent with CDOT Standard Plans Manual for Maintenance and Signing B. Consistent with the MUTCD C. Prepared by individual with American Traffic Safety Services Association (ATSSA) or Colorado Contractors Association certification — or sealed (stamped) by a Colorado registered professional engineer D. Acceptable to CDOT prior to any construction within the right-of-way E. Presented in a manner that provides a rnethod of handling traffic (MHT) for each different phase of construction. The MHT will describe proposed construction phasing and will include dimensioned diagrams of work zone elements. The final traffic control plan must be submitted a minimum of three working days in advance of construction. Such plans may be revised as necessary with CDOT concurrence. 3) Insurance Liability Certification The Applicant or contractor shall be required to provide a comprehensive general liability and property damage insurance naming CDOT as an additional insured party, in the amounts of not less than $1,000,000 per occurrence and automobile liability insurance of $1,000,000 combined single limit bodily injury and property damage for each accident, during the period of access construction. 4) Complete Construction Plans The Applicant shall provide two copies of 11" x 17" construction plans and specifications for the proposed improvements. The plans shall: A. Address, as applicable, geometry, drainage, striping, signing, and signalization B. Include, but not limited to, layout of the access, highway improvements, utility locations, present and proposed drainage, present and proposed right-of-way lines, present and proposed traffic control devices, and clear zone analysis C. Sealed by a Colorado Professional Engineer in accordance with CRS 12-25-117 D. Conform to the requirement of the permit terms and conditions E. If applicable, include the following statement on the cover page of the plans: "This design is in. full compliance with Section 4 of the State Highway Access Code, 2 CCR 601-1 except for the following approved design waivers:" Feel free to contact me with any questions you might have. Respectfully, Dan Roussin Region 3 Access Manager STATE HIGHWAY ACCESS PERMIT 309040 Located on the north side of Hwy 006D at mile post 109.800 Issued to Roc Gabossi TERMS AND CONDITIONS July 7, 2009 1. This permitted access Is only for the use and purpose stated in the Application and Permit. This Permit is issued in accordance with the State Highway Access Cade (2 CCR 601-1), and Is based In part upon the information submitted by the Permittee. Any subsequent relocation, reconstruction, or modifications to the access or changes in the traffic volume or traffic nature using the access shall be requested for by means of a new application. Any changes causing non-compliance with the Access Code may render this permit void, requiring a new permit. 2. The access Is for all Tots of the Old Orchard Subdivision (Lots 1-4). 3. The existing access (nip 109.96) for Lot 1 (44523 Highway 6) shall remain until the Lot 1 either re -develops or If Lot 1 subdivides then the existing access shall close to Lot 1 and use the mp 109.8 access point. 4. If Lot 2-4 re -develops into a commercial property then existing access (mp 109.96) to Lot 1 shall be removed and restored to its original condition. 5. The permittee shall close an existing residential access which is 240 feet west of the existing residential driveway (Lot 1). The permittee shall remove the gate and replace the gate with a fence section and restore the drainage at the expense of the permittee. 6. This permit replaces any and all additional access permits that may be In existence. 7. This access shall be constructed 16-25 feet wide with turning radii to accommodate the minimum turning radius of the largest vehicle or 35 foot, whichever is greater. 8. An 18 -inch minimum culvert with protective end treatments shall be required for this access. The culvert shall be kept free of blockage to maintain proper flow and drainage. 9. The access shall be constructed perpendicular to the travel lanes of the State Highway for a minimum distance of 40 feet from the edge of roadway. Side slopes shall be at a 4:1 slope on the roadway. The roadway shall slope away from the highway at a -2% grade for the first 20 feet of driveway. This design shall be In conformance with section 4 of the State Highway Access Code, 2CCR 601-1. 10. Materials, Placing and Compaction of Driveway: Unless the Applicant has approval from the Access Manager which may state otherwise, the following will be required for driveway construction: Sub-Base:12 inches of Class 3 gravel in two 6 -inch lifts, Base: 12 inches of class 6 gravel in two 6 -Inch lifts, Surface: 4 inches of Pavement in two 2 inch lifts. Compaction of the subgrade, embankments and backfill shall comply with section 203.08 of the Colorado Highway Standard Specifications for Road and Bridge Construction. 11. The access shall be surfaced in accordance with Section 4.7 of the Access Code immediately upon completion of earthwork construction and prior to use. This access shall be hard surfaced in accordance with Section 4.7 of the Access Code a minimum distance of 20 feet from the traveled way or to the CDOT Right -of -Way. Where the hard surface is to abut existing pavement, the existing pavement shall be saw cut and removed a minimum of one foot back from the existing edge for bituminous, or until an acceptable existing cross slope is achieved. Surfacing shall meet the Department's specifications with minimum surfacing to be equal to or greater than existing highway conditions. STATE HIGHWAY ACCESS PERMIT 309040 Located on the north side of Hwy 006D at mile post 109.800 Issued to Roc Gabossi July 7, 2009 12. A Notice to Proceed, CDOT Form 1265, is required before beginning construction on the access or any activity within the highway Right -of -Way. To receive the Notice to Proceed the Applicant shall submit a complete packet to CDOT with the following items: (a) A cover leiter requesting a Notice to Proceed, and the intended date to begin construction. (b) Construction Plans Stamped (11"x 17" with a minimum scale 011" = 50') by a Colorado Registered Professional Engineer in full compliance with the State Highway Access Code The plan shall provide: i) Plan view with driveway dimensions - turn radius, width, slope, gates, etc. ii) Typical road section - existing and proposed sub base, base, pavement, and shoulder dimensions. ill) Centerline profile of the access/Hwy connection showing depths, driveway slope, etc. (c) Certificate of Insurance Liability as per Section 2.3(11)(i) of the State Highway Access Code. (d) A certified Traffic Control Plan in accordance with Section 2.4(6) of the Access Code. The Traffic Control Plan shall provide accessibility features to accommodate ail pedestrians including persons with disabilities for all pathways during construction. 13. No drainage from This site shall enter onto the State Highway travel lanes. The Permittee is required to maintain all drainage in excess of historical flows and time of concentration on site. All existing drainage structures shall be extended, modified or upgraded, as applicable, to accommodate all new construction and safely standards, in accordance with the Department's standard specifications. 14. Open cuts, which are at least 4 inches in depth, within 30 feet of the edge of the State Highway traveled way, will not be left open at night, on weekends, or on holidays, or shall be protected with a suitable barrier per State and Federal Standards. 15. Nothing in this permit shall prohibit the Chief Engineer from exercising the right granted in CRS 43-3-102 Including but not limited to restricting left hand turns by construction of physical medial separations. 16. The Permittee is responsible for obtaining any necessary additional Federal, Stale and/or City/County permits or clearances required for construction of the access. Approval of this access permit does not constitute verification of this action by the Permittee. Permittee Is also responsible for obtaining all necessary utility permits In addition to this access permit. 17. All workers within the State Highway right of way shall comply with their employer's safety and health policies/procedures, and all applicable U.S. Occupational Safety and Health Administration (OSHA) regulations - including, but not limited 10 the applicable sections of 29 CFR Part 1910 - Occupational Safety and Health Standards and 29 CFR Part 1926 - Safety and Health Regulations for Construction. Personal protective equipment (e.g. head protection, footwear, high visibility apparel, safety glasses, hearing protection, respirators, gloves, etc.) shall be worn as appropriate for the work being performed, and as specified in regulation. 18. The Permittee shall provide accessibility features to accommodate all pedestrians Including persons with disabilities for all pathways during and after construction. 19. The Permittee is required to comply with the Americans with Disabilities Act Accessibility Guidelines (ADAAG) that have been adopted by the U.S. Architectural and Transportation STATE HIGHWAY ACCESS PERMIT 309040 Located on the north side of Hwy 006D at mile post 109.800 issued to Roc Gabossl July 7, 2009 Barriers Compliance Board (Access Board), and incorporated by the U.S. Attorney General as a federal standard. These guidelines are defining traversable slope requirements and prescribing the use of a defined pattern of truncated domes as detectable warnings at street crossings. The new Standards Plans and can be found on the Design and Construction Project Support web page at: htto://www.clot.state.co.o/DeslonSuraDort/, then click on Design Bulletins. 20. When it is necessary to remove any highway right-of-way fence, the posts on either side of the access entrance shall be securely braced with approved end posts and in conformance with the Department's M-607-1 standard, before the fence is cut, to prevent slacking of the remaining fence. All materials removed shall be returned to the Department. 21. It shall be the responsibility of the Permittee to maintain adequate sight distance for this driveway. Trimming of vegetation or trees to maintain adequate sight distance is the sole responsibility of the Permittee. 22. Any damage to present highway facilities including traffic control devices shall be repaired immediately at no cost to the Department and prior to continuing other work. 23. During access construction no construction personnel vehicles will be permitted to park in the state highway right-of-way. 24. If the access has a gate across it, the gate shall be set back far enough from the highway so that the longest vehicle using it can clear the roadway when the gate is closed. 25. Any mud or other material tracked or otherwise deposited on the roadway shall be removed daily or as ordered by the Department inspector. If mud is an obvious condition during site construction, it is recommended that the contractor build a Stabilized Construction Entrance or Scrubber Pad at the intended construction access to aid in the removal of mud and debris from vehicle tires. The details of the Stabilized Construction Entrance can be found in the M & S Standards Plan No. M-208-1. 26. A fully executed, complete copy of this permit and the Notice to Proceed must be on the job site with the contractor at all times during the construction. Failure to comply with this or any other construction requirement may result in the immediate suspension of work by order of the Department inspector or the issuing authority. 27. No work will be allowed at night, Saturdays, Sundays and legal holidays without prior authorization from the Department. The Department may also restrict work within the State Highway right-of-way during adverse weather conditions. 28. The access shall be completed in an expeditious and safe manner and shall be completed within 45 days from initiation of construction within State Highway right-of-way or in accordance with written concurrence of the Access Manager. All construction shall be completed in a single season. 29. All costs associated with any type of utility work will be at the sole responsibility and cost of the Permittee and at no cost to CDOT. 30. Areas of roadway and/or right-of-way disturbed during this installation shall be restored to their original conditions to insure proper strength and stability, drainage and erosion control. Restoration shall meet the Department's standard specifications for topsoil, fertilization, mulching, and re -seeding. STATE HIGHWAY ACCESS PERMIT 309040 Located on the north side of Hwy 006D at mile post 109.800 Issued to Roc Gabossi July 7, 2009 31. Upon the completion of the access and prior to any use as allowed by this permit, the Applicant shall notify the Access Manager by certified mail within 10 days to request a final inspection. This request shall include certification that all materials and construction have been completed in accordance with all applicable Department Standards and Specifications; and that the access Is constructed in conformance with the State Highway Access Code, 2 CCR 601-1, including this permit. The Engineer of Record as Indicated on the construction plans, shall be present for this Inspection. The access serviced by this permit may not be opened to traffic until written approval has been given from the CDOT Access Manager. COLORADO DEPARTMENT OF TRANSPORTATION Environmental Clearances Information Summary PURPOSE - This summary is intended to inform entities external to CDOT that may be entering the slate highway right-of-way to perform work related to their own facilities (such as Utility, Special Use or Access Permittees), about some of the more commonly encountered environmental permits/clearances that may apply to their activities. This listing is not all-lncfusive - additional environmental or cultural resource permits/clearances may be required in certain instances. Appropriate local, state and federal agencies should be contacted for additional information if there is any uncertainty about what permitslclearances are required for a specific activity. IMPORTANT -- Please Review The Following Information Carefully — Failure to Comply With Regulatory Requirements Ma/ Result In Suspension or Revocation of Your CDOT Permit, Or Enforcement Actions By Other Agencies CLEARANCE CONTACTS - As indicated in the permit/clearance descriptions listed below, the folbwing individuals or agencies may be contacted for additional information: • Colorado Department of Public Health and Environment (CDPHE) — General Information -- (303) 692-2035 Water Quality Control Division (WQCD) (303) 692-3500 Environmental Permitting Website bitoJlwww.cdjhe.state,co.us/oermits.asp. • CDOT Water Quality Program Manager; Rick Willard (303) 757-9343 • COOT Asbestos Project Manager; Julia Ham (303) 512-5519 • Colorado Office of Archaeology and Historic Preservation: (303) 866-3395 • U.S. Army Corps of Engineers, District Regulatory Offices Omaha District (NE Colorado), Denver Office (303) 979-4120 http:/lwww.nwo.usace.army.mil/htmllod-tl/tri-lakes.html Sacrarnento Dist. (Western CO), Grand Junction Office (970) 243-1199 htip://www.spk.usace.armv.mil/cespk-co/requlatorv/ Albuquerque District (SE Colorado), Pueblo Reg. Office (719)-543-6915 httn://www.spa.usace,armv.m€Urea! • CDOT Utilities, Special Use and Access Permitting; (303) 757-9654 htto:llwww.dot.state.co,us/Permits/ Ecoloalcal Resources -- Disturbance of wildlife shall be avoided to the maximum extent praclicable. Entry into areas of known or suspected threatened ar endangered species habitat will require special authorization from the COOT permitting office. IF any threatened or endangered species are encountered during the progress of the permitted work, work in the subject area shall be halted and the CDOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Information about threatened or endangered species may be obtained from the COOT website asp, or the Colorado Division of Wildlife website j_itto:llwildlife.state.co,usnelitdlifeSoecieslSeeciesOfConcerni. Additional guidance may be provided by the Regional Permittin. Office in the Permit 5 •ecial Provisions. Cultural Re§qugg .0 — The applicant must request a ite search of the permit area through (he Colorado Office of Archaeology and Historic Preservation (OAHP), Denver, to ascertain if historic or archaeological resources have previously been identified. Inventory of the permit area by a qualified cultural resources specialist may be necessary, per the recommendation of OAHP and/or CDOT. If archaeological or historical artifacts are encountered during the progress of the permitted work, work in the subject area shall be halted and the CDOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by COOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office in the Permit Special Provisions. Contact Information Contact the OAHP al (3031866-3395. General ProhibitLn — Discharges - All discharges are subject to the provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations. Prohibited discharges include substances such as wash water, paint automotive fluids, solvents, oils ar soaps. Contact Information: Contact the CDOT Water Quality Program Manager al (303) 757-9343, or the Colorado Department of Pnbltc Health and Environment, Water Quality Control Division (WQCD) at (303) 692-3500. General Authorization - Allowable Non-Stormwaii Discharges - Unless otherwise identified by CDOT or the WQCD as significant sources of pollutants to the waters of the State, the following discharges to stormwater systems are allowed without a Colorado Discharge Permit System permit: landscape irrigation, diverted stream flows, uncontaminated ground water infiltration to separate storm sewers, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, footing drains; water line flushing, (lows from riparian habitats and wetlands, and flow from fire fighting activities. Contact Information: The CDOT Water Quality Program Manager or the CDPHE Water Quality Control Division (telephone #'s listed above). Hazardous Materials. Solid Waste - The Solid Wastes Disposal Sites and Facilities Aol C.R.S. 30-20-100, et al, and Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), prohibit solid waste disposal without an approved Certificate of Designation (a landfill permit). The Colorado Hazardous Waste Act C.R.S. 25-15.301 et al, and the Colorado Hazardous Waste Regulations (6 CCR 1007-3) prohibit the transfer, storage or disposal (TSD) of hazardous waste except at permitted TSD sites. There are no permitted landfills or TSD sites within the State Highway Right of Way. Therefore, all solid or hazardous wastes That might be generated by the activities of entities entering the State Highway Right of Way must be removed from the ROW and disposed of at a permitted facility or designated collection point (e.g., for solid waste, a utility or construction company's own dumpster). If pre-existing solid waste or hazardous materials contamination (including oil or gasoline contaminated soil, asbestos, chemicals, mine tailings, etc.) is encountered during the performance of work, the permittee shall halt work in the affected area and immediately contact the CDOT Regional Permitting Office For direction as to how to proceed, Contact Info: Contact the CDOT/CDPHE Liaison at (303)757-9787. Environmental Clearances Information Summary Page 1 or 3 Colorado Department of Transportation November '07 Asbestos ConteIntim Materials. Asbestos Contaminated Soil — All work on asbestos containing materials (ACM) must comply with the applicable requirements of the CDPHE Air Pollution Control Division's (APCD) Regulation 8. Disposal of ACM, and work done in asbestos-contaminaled soil, must comply with the CDHPE Hazardous Materials and Waste Management Division's (HMWMD) Solid Waste Regulations. The application for any CDOT permit must specifically identify any ACM involved in the work for which authorization is being requested. Additional guidance or requirements may be specified in the permit special provisions. Contact Info: CDPHE APCD and HMWMD Regulations can be accessed via the CDPHE Environmental Permitting Website listed above. Additional information concerning clearance on CDOT protects is available from Julia Horn, CDOT Asbestos Project Manager (303) 512-5519, or Theresa Santangelo-Dretling, Property Management Supervisor (303) 512-5524. Construction Stormwater Permit: Stormwater Discharge From Industrial Fealties - Discharges of slormwater runoff from construction sites disturbing one acre or more - or certain types of industrial facilities - requires a CDPS Stormwater Permit. Contact information: For Utility/Special Use activities being performed in conjunction and coordination with a CDOT highway construction contract, please contact the CDOT Water Quality Program Manager at (303)757-9343. Otherwise, contact the CDPHE Water Quality Control Division at (303) 692-3500. Website: http:/lwww.cdphe.state.co.uslyag/PermitsUnit/wacdpmt.html Construction Dewatering (Discharge or Infiltration).- Discharges of water encountered during excavation or work in wet areas may require a Construction Dewatering Discharge Permit. Contact Information: For Construction Dewatering Discharge Permits, contact the CDPHE WQCD at (303) 692-3500. Website:htt.:/ .cd • e tate.co.us/w./Peri : i . e..mt. Imi Minimal Industrial Discharge Penn. It Discharges of small quantities .of wastewater or wastewater requiring minimal treatment, such as that resulting from hydrostatic testing or certain wash waters, may require a Minimal Industrial Discharge Permit MINN). Contact info: Contact the CDPHE WQCD at (303) 692-3500. Website: jiff;.l/www.cdphe.state.co.uslwn/PermitsUnitfwpcdpmt.h�� MunicipalSeparate Storm Sewer System (MS4) Discharge Permit — Discharges from the storm sewer systems of larger municipalities, and from the CDOT highway drainage system that lies within those municipalities, are subject to MS4 Permits issued by the CDPHE WQCD. For facilities that lie within the boundaries of a municipality that is subject to a MS4 permit, the owner of such facility should contact the municipality regarding stormwater related clearances that may have been established under that municipality's MS4 permit. All discharges to the CDOT highway drainage system must comply with the applicable provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations, and are subject to inspection by the CDOT and the CDHPE. Contact Information: Contact the CDPHE Water Quality Control Division al (303) 692-3500 fora fisting of municipalilies required to obtain MS-4 Permits, or go to_ittp://mvw.cdphe.state.co.uslwo/Permitsljnitlwocdpm html#MuniciAalFormsGuidInce. Discharge of Dredged or Fill Material-404 Permits Administered By the U.S. Army Corps of Engineers. and Section 409 Water Quality Certifications Issued by the CDPHE WQCD - Corps of Engineers 404 Permits are required for the discharge of dredged or fill materials into waters of the United States, Including wetlands. There are various types of 404 Permits, including Nationwide Permits, which are issued for activities with relatively minor impacts. For example, there is a Nationwide Permit for Utility Line Activities (NWP #12). However, depending upon the specific circumstances, itis possible that either a "General" or "Individual° 404 permit would be required. if an Individual 404 Permit is required, Section 401 water quality certification from the CDPHE WQCD is also required. Contact Information: Contact the appropriate Corps District Regulatory Office for information about what type of 404 permit may be required (information provided at top of EC1S). Contact the CDPHE Water Quality Control Division at (303) 692-3500. Erosion asd Sediment Control Practices - For adivilies requiring a Construction Storrnwater Permit, erosion control requirements will be specified through that permit. In those situations where a stormwater permit is not required, all reasonable measures should be taken in order 10 minimize erosion and sedimentation. In either case, the CDOT Stormwater Quality and Erosion Control Guide (2002) should be used to design erosion controls. Contact information: The CDOT Stormwater Quality and Erosion Control Guide may be obtained from the Bid Plans Office at (303 757-9313 or from: hitpfwww.dot.state.co.us/environmentallenvVyaterQual/wims4.asp glsnosal of DNIIIna Fluidq - Drilling fluids used in operations such as Horizontal Directional Drilling may be classified as "discharges' or "solid wastes", and in general, should be pumped or vacuumed from the conslruction area, removed from the State Highway Right of Way, and disposed of at permitted fadfities that specifically accept such wastes. Disposal of drilling fluids into storm drains, storm sewers, roadside ditches or any other type of man-made or natural waterway is prohibited by Water Quality Control and/or Solid Waste regulations. Small quantities of drilling fluid solids (less than 1 cubic yard of solids) maybe tee on-site after either being separated from fluids or after infiltration of the water, provided: 1) the drilling fluid consists of only water and bentonite clay, or, if required for proper drilling properties, small quantities of polymer additives that are approved for use in drinking water wall drilling; 2) the solids are fully contained in a pit, and are not likely to pose a nuisance to future work in the area, 3) the solids are covered and the area restored as required by CDOT permit requirements (Utility, Special Use, or Access Permits, etc.). Contact Information: Contact the CDOT / CDPHE Liaison or CDOT Water Quality Program Manager. Concrete Washout - Waste generated from concrete activities shall NOT be allowed to flow Into the drainage ways, inlets, receiving waters, or in the CDOT ROW. Concrete waste shall be placed in a temporary concrete washout facitity. Concrete washout shall only be perforated as specified by the CDOT Environmental Program and shall be in accordance 10 CDOT specifications and guidelines. Contact Information: Contact the CDOT Water Quality Program Manager at (303) 757-9343. Spill Reporting - Spills shall be contained and cleaned up as soon as possible. Spills shall NOT be washed down into the storm drain or buried. All spills shall be reported to the COOT Illicit discharge Hotline at (303) 512-4446 (4H20), as well as the Regional Permitting Office and Regional Maintenance Supervisor. Spills_on highways, into waterways, or that may otherwise present an Environmental Clearances Information Summary Page 2 013 Colorado Department of Transportation November'07 immediate danger to the public shall be reported by calling9l1 and shall also be reported to the CDPHE at 1-(877)-518-5608. Transngdation of Hazarcjogs {Ylaterfgte - No person may offer or accept a hazardous material for transportation in commerce unless that person is registered in conformance with the United States Department of Transportation regulations 81 49 CFR, Part 171. The hazardous material must be properly classed, described, packaged, marked, labeled, and in condition for shipment as required or authorized by applicable requirements, or an exemption, approval or registration has been issued. Vehicles requiring a placard, must obtain authorization and a State HAZMAT Permit from the Colorado Public Utilities Commission. Contact Information: For authorization and more info call the Federal Motor Safety Carrier Administration, US DOT for inter- and intra -slate HAZMAT Registration (303) 969-6748. Colorado Public' Utilities Commission: (303) 894-2868. paleontolonv - The applicant must request a fossil locality file search through the University of Colorado Museum, Boulder, and the Denver Museum of Nature and Science to ascertain If paleontological resources have been previously identified. Inventory of the permit area by a qualified paleontologist may be necessary, per the recommendation of CDOT. If fossils are encountered during the permitted work, all work in the subject area shah be halted and the CDOT Regional Pematting Office and Regional Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office in the Permit Special Provisions. Contact Information: Contact the CDOT Paleontologist at (303) 757-9632. Working on or in anv stream or its bards - In order to protect and preserve the state's fish and wildlife resources from actions that may obstruct, diminish, destroy, change, modify, or vary a natural existing stream or its banks or tributaries, it may be necessary to obtain a Senate Bill 40 certification from the Colorado Department of Natural Resources. A stream is defined as 1) represented by a solid blue line on USGS 7.5' quadrangle maps; and/or 2) intermittent streams providing live water beneficial to fish and wildlife; and/or 3) segments of streams supporting 25% or more cover within 100 yards upstream or downstream of the project; and/or 4) segments of streams having wetlands present within 200 yards upstream or downstream of the project. The Colorado Division of Wildlife (CDOW) application, as per guidelines agreed upon by CDOT and CROW, can be accessed at www.do .state.co.us/environmentar/Ordhfe/De9Zaoplivtion.asp, About Thle Forst - Questions or comments about this Information Summary may be directed to Dahir Egal, CDOT Safely & Traffic Engineering, Utilities Unit at (303) 757-9344, dahir.acial andot.state.00.us Environmental Clearances Information Summary Page 3 of 3 Colorado Department of Transportation November '07 COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS PERMIT - 1.v Permit fee $100.00 Date of transmittal 7/7/2009 Region/Section/Patrol 3 / 02 /10-2 Nikid Brown 000T Permit No. 309040 Stale Highway No/Nip/Side X006 D / 109.800 / L Local Jurisdiction Garfield County The a ermittee(s); Applicant: Ref No.: Roc & Mary Gabossi JUL114 20Q9 John Taufer 44523 Highway 6 TRAFFIC PO Box 2271 Glenwood Springs, CO 81601 Glenwood Springs, CO 81602 970-379-0780 970-945-1337 is hereby granted permission to have an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with this permit, including the State Highway Access Code and any attachments, terms, conditions and exhibits. This permit may be revoked by the issuing authority 11 at any time the permitted access and its use violate any parts of this permit The Issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. Location: Located on the north side of Hwy 006, a distance of 1050 feet west of mm 110. Access to Provide Service to: (Land Use Code:) (Size or Count) (Units) 210 - Single -Family Detached Housing (4 units) w/ADU 8 DHV Additional Information: This access will be for Lot 1-4 of the Old Orchard Subdivison. ADU - Accessory Dwelling Units MUNICIPALITY OR COUNTY APPROVAL. Required only when the appropriate local authority retains issuing authority. Signature Print Name Title Date Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein.. $JI Construction shall be complexed in an expeditious and safe manner and shall be finished within 45 days from Initiati0ri. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify D'Weyne Gaymon with the Colorado Department of Transportation in Grand ]unction, Colorado at (970) 683-3355, at least 48 hours prior to commencing construction within the Sffite Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have lull authority to accept the permit and its terms and conditions. P ittee Slgnatu Print Name <ac—,.,i\•Ccba5 ..` Date 7-13- e1 This permit is not valid until signed by a duly authorized representative of the Department. COLORADO DEPARTMENT OF TRANSPORTATION Signature Print Name ii J �lf�I rw a 1#'TflnoI.,JJ Date (of �issuue}} /`ii-`0Iy Copy Distribution: Required: 1.Region 2.Appticent Make copies as necessary for. 3.StaH Access Section Local Authority Inspector MICE Patrol Traffic Engineer 4.Centnd Files Previous ed1119is zee obsolete and may not be used Page 1 of 3 CDOT Form tr101 5/07 State Highway Access Permit Form '101, Page 2 The following paragraphs are excerpts of the State Highway Access Code. These are provided for your convenience but do not alleviate compliance with all sections of the Access Code. A copy of the State Highway Access Code is available from your local issuing authority (local government) or the Colorado Department of Transportation (Department). When this permit was issued, the issuing authority made its decision based in part on information submitted by the applicant, on the access category which is assigned to the highway, what alternative access to other public roads and streets Is available, and safety and design standards. Changes In use or design not approved by the permit or the issuing authority may cause the revocation or suspenslon of the permit. APPEALS 1. Should the permittee or applicant object to the dental of a permit application by the Department or object to any of the terms or conditions of a permit placed there by the Department, the applicant and permittee (appellant) have a right to appeal the decision to the [Transportation] Commission [of Colorado]. To appeal a decision, submit a request for administrative hearing to the Transportation Commission of Colorado within 60 days of transmittal of notice of dental or transmittal of the permit for signature. Submit the request to the Transportation Commission of Colorado, 4201 East Arkansas Avenue, Denver, Colorado 80222-3400. The request shall include reasons for the appeal and may include changes, revisions, or conditions that would be acceptable to the permittee or applicant. 2. Any appeal by the applicant or permittee of action by a local issuing authority shall be filed with the local authority and be consistent with the appeal procedures of the local authority. 3. In submitting the request for administrative hearing, the appellant has the option of Including within the appeal a request for a review by the Department's Internal administrative review committee pursuant to [Code] subsection 2.10. When such committee review is requested, processing of the appeal for formal administrative hearing, 2.9(5) and (6), shall be suspended until the appellant notifies the Commission to proceed with the administrative hearing, or the appellant submits a request to the Commission or the administrative law Judge to withdraw the appeal. The two administrative processes, the internal administrative review committee, and the administrative hearing, may not run concurrently. 4. Regardless of any communications, meetings, administrative reviews or negotiations with the Department or the internal administrative review Commitee regarding revisions or objections to the permit or a denial, if the permittee or applicant wishes to appeal the Department's decision to the Commission for a hearing, the appeal must be brought to the Commission within 60 days of transmittal of notice of denial or transmittal of the permit. PERMIT EXPIRATION 1. A permit shall be considered expired if the access is not under construction within one year of the permit issue dale or before the expiration of any authorized extension. When the permittee Is unable to commence construction within one year after the permit issue date, the permittee may request a one year extension from the issuing authority. No more than two one-year extensions may be granted under any circumstances. if the access is not under construction within three years from date of issue the permit will be considered expired. Any request for an extension must be in writing and submitted to the issuing authority before the permit expires. The request should state the reasons why the extension is necessary, when construction is anticipated, and include a copy of page 1 (face of permit) of the access permit. Extension approvals shall be in writing. The local issuing authority shall obtain the concurrence of the Department prior to the approval of an extension, and shall notify the Department of all denied extensions within ten days. Any person wishing to reestablish an access permit that has expired may begin again with the application procedures. An approved Noltce to Proceed, automatically renews the access permit for the period (tithe Notice to Proceed. CONSTRUCTION 1. Construction may not begin until a Notice to Proceed is approved. (Code subsection 2.4] 2. The construction of the access and its appurtenances as required by the terms and conditions of the permit shall be completed at the expense of the permittee except as provided in subsection 2.14. All materials used in the construction of the access within the highway right-of-way or on permanent easements, become public property. Any materials removed from the highway right-of-way will be disposed of only as directed by the Department. All fencing, guard rail, traffic control devices and other equipment and materials removed in the course of access construction shall be given to the Department unless otherwise instructed by the permit or the Department inspector. 3. The permittee shall notify the Individual or the office specified on the permit or Notice to Proceed at least two working days prior to any construction within stale highway right-of-way. Construction of the access shall not proceed until both the access permit and the Notice to Proceed are issued. The access shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation of construction within the highway right-of-way. A construction time extension not to exceed 30 working days may be requested from the individual or office specified on the permit. 4. The issuing authority and the Department may inspect the access during construction and upon completion of the access to ensure that ail terms and conditions of the permit are met. Inspectors are authorized to enforce the conditions of the permit during construction and to halt any activities within slate right-of-way that do not comply with the provisions of the permit, that conflict with concurrent highway construction or maintenance work, that endanger Slate Highway Access Permit Form 101, Page 3 highway property, natural or cultural resources protected by law, or the health and safety of workers or the public. 5. Prior to using the access, the pemmiHee is required to complete the construction according to the terms and conditions of the permit. Failure by the permittee to abkte by all permit terms and conditions shall be sufficient cause for the Department or issuing authority to initiate action to suspend or revoke the permit and dose the access. If in the determination of the Department or Issuing authority the failure to comply with or complete the construction requirements of the permit create a highway safety hazard, such shall be sufficient cause for the summary suspension of the permit. If the permittee wishes to use the access prior to completion, arrangements must be approved by the issuing authority and Department and Included in the permit. The Department or issuing authority may order a halt to any unauthorized use of the access pursuant to statutory and regulatory powers, Reconstruction or improvement of the access may be required when the permittee has failed to meet required specifications of design or materials. If any construction element falls within two years due to improper construction or material specifications, the permittee shall be responsible for all repairs. Failure to make such repairs may result in suspension of the permit and closure of the access. 6. The permittee shall provide construction traffic control devices at all times during access construction, in conformance with the M.U.T.C.D. as required by section 42-4-104, C.R.S., as amended. 7. A utility permit shall be obtained for any utility work within highway right-of-way. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of a permitted access, the relocation, removal or repair shall be accomplished by the permittee without cost to the Department or Issuing authority, and at the direction of the Department or utility company. Any damage to the state highway or other public right-of-way beyond that which Is allowed In the permit shall be repaired immediately. The permittee is responsible for the repair of any utility damaged in the course of access construction, reconstruction or repair. 8. In the event It becomes necessary to remove any right-of- way fence, the posts on either slide of the access shall be securely braced with an approved end post before the fence is cut to prevent any sladdng of the remaining fence. All posts and wire removed are Department property and shall be turned over to a representative of the Department. 9. The permittee shall ensure that a copy of the permit Is available for review at the construction site at all times. The permit may require the contractor to notify the individual or office specified on the permit at any specified phases in construction to allow the field inspector to inspect various aspects of construction such as concrete forms, subbase, base course compaction, and materials specifications. Minor changes and additions may be ordered by the Department or local authority field inspector to meet unanticipated site conditions. t0. Each access shall be constructed in a manner that shall not cause water to enter onto the roadway or shoulder, and shall not interfere with the existing drainage system an the right-of- way or any adopted municipal system and drainage plan. 11. The Permittee is responsible for obtaining any necessary additional Federal, State and/or City/County permits or clearances required for construction of the access, Issuance of This access permit does not constitute verification of the above required actions by the Permittee. By accepting the permit, the permittee stipulates and agrees to fully protect, save, defend, indemnify, and hold harmless, to the extent allowed by law, the issuing Authority, and each of the Authority's directors, officers, employees, agents and representatives, from and against any and all claims, costs (including but not limited to all reasonable fees and charges of engineers, architects, attorneys, and other professionals or expert witnesses and all court or other dispute resolution costs directly incurred by reason of claims directly brought against the Authority), tosses, damages, pre- or post- judgment interest, causes of action, sults, or liability of any nature whatsoever by reason of liability imposed due to Permittee's failure to obtain, or disregard of, any applicable federal, state or loca) environmental permits, approvals, authorizations, or clearances, or in meeting or complying with any applicable federal, slate or focal environmental law, regulation, condition or requirements In connection with any activities authorized by this Access Permit CHANGES IN ACCESS USE AND PERMIT VIOLATIONS 1. It is the responsibility of the property owner and permittee to ensure that the use of the access to the property is not in violation of the Code, permit terms and conditions or the Act. The terms and conditions of any permit are binding upon ail assigns, successors -in -interest, heirs and occupants. if any significant changes are made or will be made in the use of the property which will affect access operation, traffic volume and or vehlcte type, the permittee or property owner shall contact the local issuing authority or the Department to determine if a new access permit and modifications to the access are required. 2. When an access Is constructed or used In violation of the Code, section 43-2-147(5)(c), C.R.S., of the Act applies. The Department or issuing authority may summarily suspend an access permit and immediately order closure of the access when its continued use presents an Immediate threat to public health, welfare or safety. Summary suspension shall comply with article 4 of title 24, C.R.S. MAINTENANCE 1. The permittee, his or her heirs, successors -in -interest, assigns, and occupants of the property serviced by the access shall be responsible for meeting the terms and conditions of the permit, the repair and maintenance of the access beyond the edge of the roadway including any cattle guard and gate, and the removal or clearance of snow or ice upon the access even though deposited on the access in the course of Department snow removal operations. Within unincorporated areas the Department will keep access culverts dean as part of maintenance of the highway drainage system. However, the permlltee is responsible for the repair and replacement of any access -related culverts within the right-of-way. Within incorporated areas, drainage responsibilities for municipalities are determined by statute and local ordinance. The Department will maintain the roadway including auxiliary lanes and shoulders, except in those cases where the aocess installation has failed due to improper access construction and/or failure to follow permit requirements and specifications in which case the permittee shall be responsible for such repair, Any significant repairs such as culvert replacement, resurfacing, or changes in design or specifications, requires authorization from the Department. Form 101, Page 3 6 SCHMUESER ! GORDON MEYER E, O1NE-2 RS ?. SURVEYORS August 10, 2009 Mr. Dan Roussin Colorado Department of Transportation Region 3 — Access Manager 222 South 6`h Street, Room 100 Grand Junction, CO 81501 i=L;3.F1WO(1[) SP YEN( 1 I 18 W. 6TH. SUITE 200 GLENxao° SPmNGS, CO 8 1 601 970-945-1004 FX: 970-945-5948 P.O. BOX 21 55 ASPEN, CO 8 161 2 970-925-6727 FX: 970-925-4157 RE: Request for Notice -to -Proceed State Highway Access Permit No. 309040, Lot 1-4 of the Old Orchard Subdivision MP 109.8 US Highway 6 -- Garfield County Dear Dan: P.O. BOX 3088 CRESTED BUTTE, co 8 122.1 970-349-5355 Fx1 970-349-5358 The permittees wish to begin construction on the above referenced access point on September 8, 2009. The project is anticipated to last approximately two weeks. Attached to this letter requesting the NTP are the design plans for the access construction including plan, profile, typical section, and traffic control details. The package also contains the signed access permit and the engineer's estimate. The Certificate of Liability, construction schedule, and the Traffic Control Plan will be submitted to the department upon the selection of a contractor. The access point will ultimately provide access for up to 4 homes and is located along the highway with open sight lines in both directions along US 6. The sight lines were measured and exceed the 550' entering sight distance standard for this access. The photos below are taken from the proposed access point at MP 109.8. Looking westbound at MP 109.8 Looking eastbound al MP 109.8 The permittee proposes to use the materials recommendation contained in the permit for the driveway pavement section, The existing access to be abandoned will be revegetated and the gate will be replaced with fence. We look forward to your response and permission to proceed. Please contact us if you have any questions. Sincerely, Lee Barger SGM Design Engineer Attachments STATE OF CQLOIADO Region 3 Traffic Section 222 S. Sixth St., Room 100 Grand Junction, Colorado 81501 (970) 683-6284 Fax:(970) 683-6290 July 15, 2009 John Taufer PO Box 2271 Glenwood Springs, CO 81602 UMW. T O1 TRAMPORTAV' Or RE: State Highway Access Permit No. 309040, Located on Highway 006, Milepost 109.8, in Garfield County, Dear Permittee or Applicant: The Colorado Department of Transportation (CDOT) has received your signed permit and application fee. A copy of the issued permit is enclosed. The next step in the CDOT access permitting process is for you (Applicant) to obtain a Notice to Proceed (NTP). Failure to obtain an approved Notice to Proceed prior to any construction will be a violation of the State Highway Access Code (2 CCR 601-1,"the Code") § 2.4. Notice to Proceed Information Well in advance of construction, the Applicant shall request a NTP in writing along with submitting other items, such as construction drawings, specifications, and other required documents to CDOT. The Applicant must submit a complete packet of this information to CDOT with their written request. If the Applicant chooses not to request the NTP, the permit expires pursuant to subsection 2.3(11)(d). CDOT has seven days to determine if the NTP submittal is complete for review and then notify the applicant of any deficiencies. If complete, CDOT will review and comment on the submitted information within 30 -days. If CDOT determines the information is unacceptable, missing, or in need of correction, the Applicant shall correct their submittal and resubmit the complete request for NTP. Once resubmitted, CDOT will review the revised NTP documents within 10 -days. If the revised documents are satisfactory, CDOT will issue a NTP. If further corrections are necessary, the cycle of submittal, review and comments will repeat itself until approval is granted and the NTP is issued. The request for NTP shall include the following documents, along with any other items specified in the Terms and Conditions of your permit: 1) Cover Letter Requesting a NTP (include firm name, PE name and contact number) 2) Traffic Control Plan (2 copies) The traffic control plan must be: A. Consistent with CDOT Standard Plans Manual for Maintenance and Signing B. Consistent with the MUTCD C. Prepared by individual with American Traffic Safety Services Association (ATSSA) or Colorado Contractors Association certification — or sealed (stamped) by a Colorado registered professional engineer D. Acceptable to CDOT prior to any construction within the right-of-way E. Presented in a manner that provides a method of handling traffic (MHT) for each different phase of construction. The MHT will describe proposed construction phasing and will include dimensioned diagrams of work zone elements. The final traffic control plan must be submitted a minimum of three working days in advance of construction. Such plans may be revised as necessary with CDOT concurrence. 3) Insurance Llability Certification The Applicant or contractor shall be required to provide a comprehensive general liability and property damage insurance naming CDOT as an additional insured party, in the amounts of not less than $1,000,000 per occurrence and automobile liability insurance of $1,000,000 combined single limit bodily injury and property damage for each accident, during the period of access construction. 4) Complete Construction Plans The Applicant shall provide two copies of 11" x 17" construction plans and specifications for the proposed improvements. The plans shall: A. Address, as applicable, geometry, drainage, striping, signing, and signalization B. Include, but not limited to, layout of the access, highway improvements, utility locations, present and proposed drainage, present and proposed right-of-way lines, present and proposed traffic control devices, and clear zone analysis C. Sealed by a Colorado Professional Engineer in accordance with CRS 12-25-117 D. Conform to the requirement of the permit terms and conditions E. If applicable, include the following statement on the cover page of the plans: "This design is in full compliance with Section 4 of the State Highway Access Code, 2 CCR 601-1 except for the following approved design waivers:" Feel free to contact me with any questions you might have. Respectfully, Dan Roussin Region 3 Access Manager COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS PERMIT Permit fee CDOT Permit N 309040 Stale Highway No/EV/Side 006 D / 109.800 / L $1.00.00 Date of transmittal 7/7/2009 Region/Section/Patrol 3 / 02 /10-2 Nikid Brown Local Jurisdiction Garfielt:I Coun rrsrs.. — .. .. The Permittee(s); Applicant: Ref No.: Roc & Mary Gabossi 1JUL 1 4 ?.1309 John Taufer 44523 Highway 6 TRAFFIC; PO Box 2271 Glenwood Springs, CO 81601 Glenwood Springs, CO 81602 970-379-0780 970-945-1337 is hereby granted permission to have an access to the state highway al the location noted below. The access shalt be constructed, maintained and used in accordance with this permit, including the State Highway Access Code and any attachments, loans, conditions and exhibits. This permit may be revoked by the Issuing authority if al any time the permitted access and Rs use violate any parts of this permit. The Issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action For personal injury or property damage sustained by reason of the exercise el the permit. Location: Located on the north side of Hwy 006, a distance of 1 050 feat west of mm 110. Access to Provide Service to: (land Use Coal (Size or Count) (Units) 210 - Single -Family Detached Housing (4 units) w/ADU 8 DI -IV Additional Information: This access will be for Lot 1-4 of the Old Orchard Subdivison. ADU - Accessory Dwelling Units MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. Signaturre • Print Name Title Date Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein. AP construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from Initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify Mayne Gaymon with the Colorado Department of Transportation in Grand Junction, Colorado at (970) 683-3355, at hist 48 hours prior to commenting construction within the State Highway right-of-way. The person signing as the permitter) must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit and iIs terms and conditions. Be nate _ •4► Print Name 0<,. N . Cid aI -' Date - - c. _ This permit is not valid until signed by a duly authorized representative of the Department. COLORADO DEPARTMENT OF TRANSPORTATION SignaturePrint -. �r- Name /11W)/ � �l f�+y 'p' le + iwvl / I i r4hiti ll Date (of issue) _l f rrfr `"�/ Copy Olatrtbuumr: Required: Make copies as necessary for: 1.Region 3.3lalf Access Secilon Local Authority Inspector 2,Applicanl 4.Centrst Hes MTCE Patrol 'Traffic Fnplrreor Previous edit 6gfra are obsolete and may not be used Page 1 of 3 MOT Pim 001 5/07 State Highway Access Permit Form 101, Page 2 The following paragraphs are excerpts of the State Highway Access Coda. These are provided for your convenience but do not alleviate compliance with all sections of the Access Code, A copy of the State Highway Access Code is available from your local issuing authority (local government) or the Colorado Department of Transportation (Department). When This permit was issued, the issuing authority made its decision based in part on information submitted by the applicant, on the access category which is assigned to the highway, what alternative access to other public roads and streets is available, and safety and design standards. Changes in use or design not approved by the permit or the issuing authority may cause the revocation or suspension of the permit. APPEALS 1. Should the permittee or applicant object to the denial of a permit application by the Department or object to any of the terms or conditions of a permit placed there by the Department, the applicant and permittee (appellant) have a right to appeal the derision to the [-transportation] Commission (of Colorado]. To appeal a decision, submit a request for administrative hearing to the Transportation Commission of Colorado within 60 days of transmittal of notice of denial or transmittal of the permit for signature. Submit the request to the Transportation Commission of Colorado, 4201 East Arkansas Avenue, Denver, Colorado 80222-3400. The request shall include reasons for the appeal and may include changes, revisions, or conditions that would be acceptable to the permittee or applicant 2. Any appeal by the applicant or permittee of action by a local Issuing authority shall be filed with the local authority and be consistent with the appeal procedures of the local authority. 3. In submitting the request for administrative hearing, the appellant has the option of including within the appeal a request for a review by the Department's internal administrative review committee pursuant to [Code) subsection 2.10. When such committee review is requested, processing of the appeal for formal administrative hearing,. 2.9(5) and (8), shall be suspended until the appellant notifies the Commission to proceed with the administrative hearing, or the appellant submits a request to the Commission or the administrative law judge to withdrew the appeal. The two administrative processes, the internal administrative review committee, and the administrative hearing, may not run concurrently. 4. Regardless of any communications, meetings, administrative reviews or negotiations with the Department or the internal administrative review Committee regarding revisions or objections to the permit or a denial, if the permittee or applicant wishes to appeal the Department's decision to the Commission for a hearing, the appeal must be brought to the Commission within 60 days of transmittal of notice of denial or transmittal of the permit. PERMIT EXPIRATION 1. A permit shall be considered expired if the access is not under construction within one year of the permit issue dale or before the expiration of any authorized extension. When the permittee is unable to commence construction within one year after the permit issue date, the permittee may request a one year extension from the issuing authority. No more than two orte-year extensions may be granted under any circumstances. If the access is not under construdion within three years from date of issue the permit will be considered expired. Any request for an extension must be in waling and submitted to the Issuing authority before the permit expires. The request should state the reasons why the extension is necessary, when construction is anticipated, and include a copy of page 1 (face of permit) of the access permit. Extension approvals shall be in writing. The local issuing authority shall obtain the concurrence of the Department prior to the approval of an extension, and shall notify the Department of all dented extensions within ten days. Any person wishing to reestablish an access permit that has expired may begin again with the application procedures. An approved Notice to Proceed, automatically renews the access permit for the period of the Notice to Proceed. CONSTRUCTION 1. Construction may not begin until a Notice to Proceed is approved. (Code subsection 2.4] 2. The construction of the access and its appurtenances as required by the terms and conditions of the permit shall be completed at the expense of the permittee except as provided in subsection 2.14. Ail materials used in the construction of the access within the highway right-of-way or on permanent easements, become public property. Any materials removed from the highway right-of-way will be disposed of only as directed by the Department Alt fencing, guard rail, traffic control devices and other equipment and materials removed in the course of access construction shall be given to the Department unless otherwise instructed by the permit or the Department inspector. 3. The permittee shall notify the individual or the office specified on the permit or Notice to Proceed at least two working days prior to any construction within stale highway right-of-way. Construction of the access shall not proceed until both the access permit and the Notice to Proceed are issued. The access shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation of construction within the highway right-of-way. A construction lime extension not to exceed 30 working days may be requested from the individual or office specified on the permit. 4. The issuing authority and the Department may inspect the access during construction and upon completion of the access to ensure that all terms and conditions of the permit are met. inspectors are authorized to enforce the conditions of the permit during construction and to halt any activities within state right -of --way that do not comply with the provisions of the permit, that conflict with concurrent highway construction or maintenance work, that endanger Slate Highway Access Permit Form 101, Page 3 highway property, natural or cultural resources protected by law, or the health and safety of workers or the public. 5. Prior to using the access, the permittee is required to complete the construction according to the terms and conditions of the permit. Failure by the§ permittee to abide by all permit terms and conditions shall be suftidenl cause for the Department or issuing authority to initiate action to suspend or revoke the permit and close the access. If in the determination of the Department or issuing authority the failure to comply with or complete the construction requirements of the permit create a highway safety hazard, such shall be suffident cause for the summary suspension of the permit. if the permittee wishes to use the access prior to completion, arrangements must be approved by the Issuing authority and Department and Included in the permit. The Department or issuing authority may order a halt to any unauthorized use of the access pursuant to statutory and regulatory powers, Reconstruction or improvement of the access may be required when the permittee has failed to meet required specifications of design or materials. If any construction element fails within two years due to improper construction or material specifications, the permittee shalt be responsible for all repairs. Failure to make such repairs may result in suspension of the permit and closure of the access, 8. The permittee shall provide construction traffic control devices at all times during access construction, in conformance with the M.U.T.C.D. as required by section 42-4-104, C.R.S., as amended. 7. A utility permit shall be obtained for any utility work within highway right-of-way, Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of a permitted access, the relocation, removal or repair shall be accomplished by the permittee without cost to the Department or Issuing authority, and at the direction of the Department or utility company. Any damage to the slate highway or other public right-of-way beyond that which is allowed In the permit shalt be repaired immediately. "the permittee is responsible for the repair of any utility damaged in the course of access construction, reconstruction or repair. 9. In the event it becomes necessary to remove arty right-of- way fence, the posts an either side of the access shall be securely braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence. Ali posts and wire removed are Department property and shall be turned over to a representative of the Department. 9. The permittee shall ensure that a copy of the permit is available for review at the construction site al all limes. The permit may require the contractor to notify the individual or office specified on the permit at any specified phases in construction to allow the held inspector to inspect various aspects of construction such as concrete forms, subbase, base course compaction, and materials specifications. Minor changes and additions may be ordered by the Department or local authority field inspector to meet unanticipated site conditions. 10. Each access shalt be constructed in a manner that shall not cause water to enter onto the roadway or shoulder, and shall not interfere with the existing drainage system on the right-of- way or any adopted munlcipal system and drainage plan. 11. The Permittee is responsible for obtaining any necessary additional Federal, Stale and/or City/County permits or clearances required for conslructinn of the access. Issuance of Ihls access permit does not constitute verification of the above required actions by the Permittee. By accepting the permit, the permittee stipulates and agrees to fully protect, save, defend, Indemnify, and hold harmless, to the extent allowed by Iaw, the issuing Authority, and each of the Authority's directors, officers, employees, agents and representatives, from and against any and all claims, costs (Including but not Ifmiled to alt reasonab[e fees and charges of engineers, architects, attorneys, and other professionals or expert witnesses and all court or other dispute resolution costs directly Incurred by reason of claims directly brought against the Authority), losses, damages, pre- ar post- judgment interest, causes of action, suits, or liability of any nature whatsoever by reason of liability imposed due to Permittee's failure to obtain, or disregard of, any applicable federal, state or focal environmental permits, approvals, authorizations, or clearances, or In meeting or complying with any applicable federal, stale or focal environmental law, regulation, condition or requirements in connection with any activities authorized by thla Access Permit. CHANGES IN ACCESS USE AND PERMIT VIOLATIONS 1, It Is the responsibility of the property owner and permittee to ensure that the use of the access to the properly is not in violation of the Code, permit terms and conditions or the Act The terms and conditions of any permit are binding upon all assigns, successors -in -interest, heirs and occupants. If any significant changes are made or will be made in the use of the property which will affect access operation, traffic volume and or vehicle type, the permittee or property owner shall contact the local issuing authority or the Department to determine If a new access permit and modittcations to the access are required. 2. When an access is constructed ar used in violation of the Code, section 43-2-147(5)(c), C.R.S., of the Act applies. The Department or Issuing authority may aurnmartly suspend an aooess permit and immediately order closure of the access when its continued use presents an immediate threat to public health, welfare or safety. Summary suspension shall comply with article 4 of title 24, C.R.S. MAINTENANCE 1. The permittee, his or her heirs, successors -in -interest, assigns, and occupants of the property serviced by the access shall be responsible for meeting the terms and condltions of the permit, the repair and maintenance of the access beyond the edge of the roadway including any cattle guard and gate, and the removal or clearance of snow or ice upon the access even though deposited on the access in the course of Department snow removal operations. Within unincorporated areas the Department will keep access culverts dean as part of maintenance of the highway drainage system. However, the perm[ttee is responsible for the repair and replacement of any access -related culverts within the right-of-way. Within incorporated areas, drainage responsibilities for municipalities are determined by statute and local ordinance. The Department wilt maintain the roadway including auxiliary lanes and shoulders, except in those cases where the access installation has failed due to improper access construction and/or failure to follow permit requirements and specifications In which case the permittee shall be responsible for such repair. Any significant repairs such as culvert replacement, resurfacing, or changes in design or specthcattons, requires authorization from the Department. Form 101, Page 3 STATE HIGHWAY ACCESS PERMIT 309040 Located on the north side of Hwy 0060 at mile post 109.800 Issued to Roc Gabossi TERMS AND CONDITIONS July 7, 2009 1. This permitted access is only for the use and purpose stated In the Application and Permit. This Permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), and Is based in part upon the information submitted by the Permittee. Any subsequent relocation, reconstruction, or modifications to the access or changes in the traffic volume or traffic nature using the access shall be requested for by means of a new application. Any changes causing non-compliance with the Access Code may render this permit void, requiring a new permit. 2. The access Is for ail lots of the Old Orchard Subdivision (Lots 1-4). 3. The existing access (mp 109.96) for Lot 1 (44523 Highway 6) shall remain until the Lot 1 either re -develops or if Lot 1 subdivides then the existing access shall close to Lot 1 and use the mp 109.8 access point. 4. 11 Lot 2-4 re -develops into a commercial property then existing access (mp 109.96) to Lot 1 shall be removed and restored to its original condition. 5. The permittee shall close an existing residential access which Is 240 feet west of the existing residential driveway (Lot 1). The perrnittee shall remove the gate and replace the gate with a fence section and restore the drainage at the expense of the permittee. 6. This permit replaces any and all additional access permits that may be In existence. 7. This access shall be constructed 16-25 feet wide with turning radii to accommodate the minimum turning radius of the largest vehicle or 35 foot, whichever is greater. 8. An 18 -inch minimum culvert with protective end treatments shall be required for this access. The culvert shall be kept free of blockage to maintain proper flow and drainage. 9. The access shall be constructed perpendicular to the travel lanes of the State Highway for a minimum distance of 40 feet from the edge of roadway. Side slopes shall be at a 4:1 slope on the roadway. The roadway shall slope away from the highway at a -2% grade for' the first 20 feet of driveway. This design shall be In conformance with section 4 of the State Highway Access Code, 2CCR 601-1. 10. ,Materials. Placing and Compaction of Driveway: Unless the Applicant has approval from the Access Manager which may state otherwise, the following will be required for driveway construction: Sub-Base:12 inches of Class 3 gravel in two 6 -inch lifts, Base: 12 inches of class 6 gravel in two 6 -inch lifts, Surface: 4 inches of Pavement in two 2 inch lifts. Compaction of the subgrade, embankments and backfill shall comply with section 203.08 of the Colorado Highway Standard Specifications for Road and Bridge Construction. 11. The access shall be surfaced in accordance with Section 4.7 of the Access Code immediately upon completion of earthwork construction and prior to use, This access shall be hard surfaced In accordance with Section 4.7 of the Access Code a minimum distance of 20 feet from the traveled way or to the CDOT Right -of -Way. Where the hard surface is to abut existing pavement, the existing pavement shall be saw cut and removed a minimum of one foot back from the existing edge for bituminous, or until an acceptable existing cross slope is achieved. Surfacing shall meet the Department's specifications with minimum surfacing to be equal to or greater than existing highway conditions. STATE HIGHWAY ACCESS PERMIT 309040 Located on the north side of Hwy 0060 at mile post 109.800 Issued to Roc Gabossi July 7, 2009 12. A Notice to Proceed, CDOT Form 1265, is required before beginning construction on the access or any activity within the highway Right -of -Way. To receive the Notice to Proceed the Applicant shall submit a complete packet to CDOT with the following items: (a) A cover letter requesting a Notice to Proceed, and the intended date to begin construction. (b) Construction Plans Stamped (11"x 17" with a minimum scale of 1" a 50') by a Colorado Registered Professional Engineer In full compliance with the State Highway Access Code The plan shall provide: I) Plan view with driveway dimensions - turn radius, width, slope, gates, etc. 11) Typical road section - existing and proposed sub base, base, pavement, and shoulder dimensions. iii) Centerline profile of the access/Hwy connection showing depths, driveway slope, etc. (c) Certificate of Insurance Liability as per Section 2.3(11)(1) of the State Highway Access Code. (d) A certified Traffic Control Plan in accordance with Section 2.4(6) of the Access Code. The Traffic Control Plan shall provide accessibility features to accommodate all pedestrians including persons with disabilities for all pathways during construction. 13. No drainage from this site shall enter onto the State Highway travel lanes. The Permittee is required to maintain all drainage in excess of historical flows and time of concentration on site. All existing drainage structures shall be extended, modified or upgraded, as applicable, to accommodate all new construction and safety standards, in accordance with the Department's standard specifications. 14. Open cuts, which are at least 4 inches in depth, within 30 feet of the edge of the State Highway traveled way, will not be left open at night, on weekends, or on holidays, or shall be protected with a suitable barrier par State and Federal Standards. 15. Nothing in this permit shall prohibit the Chief Engineer from exercising the right granted in CRS 43-3-102 Including but not limited to restricting left hand turns by construction of physical medial separations. 18. The Permittee is responsible for obtaining any necessary additional Federal, State and/or City/County permits or clearances required for construction of the access. Approval of this access permit does not constitute verification of this action by the Permittee. Pormittee Is also responsible for obtaining all necessary utility permits in addition to this access permit. 17. All workers within the State Highway right of way shall comply with their employer's safety and health pollcles/procedures, and all applicable U.S. Occupational Safety and Health Administration (OSHA) regulations - including, but not limited to the applicable sections of 29 CFR Part 1910 - Occupational Safety and Health Standards and 29 CFR Part 1926 - Safety and Health Regulations for Construction. Personal protective equipment (e.g. head protection, footwear, high visibility apparel, safety glasses, hearing protection, respirators, gloves, etc.) shall be worn as appropriate for the work being performed, and as specified In regulation. 18. The Permittee shall provide accessibility features to accommodate all pedestrians including persons with disabilities for all pathways during and after construction. 19. The Permittee is required to comply with the Americans with Disabilities Act Accessibility Guidelines (ADAAG) that have been adopted by the U.S. Architectural and Transportation STATE HIGHWAY ACCESS PERMIT 309040 Located on the north side of Hwy 0060 at mile post 109,800 Issued to Roc Gabossi July 7, 2009 Barriers Compliance Board (Access Board), and incorporated by the U.S. Attorney General as a federal standard. These guidelines are defining traversable slope requirements and prescribing the use of a defined pattern of truncated domes as detectable warnings at street crossings. The new Standards Plans and can be found on the Design and Construction Protect Support web page at: htto://www.dot.state.co.us/DesicrnSupport/, then click on Design Bulletins. 20. When it is necessary to remove any highway right-of-way fence, the posts on either side of the access entrance shall be securely braced with approved end posts and in conformance with the Department's M-607-1 standard, before the fence is cut, to prevent slacking of the remaining fence. Ali materials removed shall be returned to the Department. 21. It shall be the responsibility of the Permittee to maintain adequate sight distance for this driveway. Trimming of vegetation or trees to maintain adequate sight distance is the sole responsibility of the Permittee. 22. Any damage to present highway facilities including traffic control devices shall be repaired immediately at no cost to the Department and prior to continuing other work. 23. During access construction no construction personnel vehicles will be permitted to park in the state highway right-of-way. 24. If the access has a gate across it, the gate shall be set back far enough from the highway so that the longest vehicle using it can clear the roadway when the gate Is closed. 25. Any mud or other material tracked or otherwise deposited on the roadway shall be removed daily or as ordered by the Department inspector. if mud is an obvious condition during site construction, It is recommended that the contractor build a Stabilized Construction Entrance or Scrubber Pad at the intended construction access to aid in the removal of mud and debris from vehicle tires. The details of the Stabilized Construction Entrance can be found In the M & S Standards Plan No. M-208-1. 26. A fully executed, complete copy of this permit and the Notice to Proceed must be on the job site with the contractor at all times during the construction. Failure to comply with this or any other construction requirement may result in the immediate suspension of work by order of the Department inspector or the issuing authority. 27. No work will be allowed at night, Saturdays, Sundays and legal holidays without prior authorization from the Department. The Department may also restrict work within the State Highway right-of-way during adverse weather conditions. 28. The access shall be completed in an expeditious and safe manner and shall be completed within 45 days from Initiation of construction within State Highway right-of-way or in accordance with written concurrence of the Access Manager. All construction shall be completed in a single season. 29. All costs associated with any typo of utility work will be at the sole responsibility and cost of the Permittee and at no cost to CDOT. 30. Areas of roadway and/or right-of-way disturbed during this installation shall be restored to their original conditions to insure proper strength and stability, drainage and erosion control. Restoration shall meet the Department's standard specifications for topsoil, fertilization, mulching, and re -seeding. STATE HIGHWAY ACCESS PERMIT 309040 Located on the north side of Hwy 006D at mile post 109.800 Issued to Roc Gabossi July 7, 2009 31. Upon the completion of the access and prior to any use as allowed by this permit, the Applicant shall notify the Access Manager by certified mall within 10 days to request a final Inspection. This request shall include certification that all materials and construction have been completed in accordance with all applicable Department Standards and Specifications; and that the access Is constructed in conformance with the State Highway Access Code, 2 CCR 601-1, including this permit. The Engineer of Record as indicated on the construction plans, shall be present for this inspection. The access serviced by this permit may not be opened to traffic until written approval has been given from the COOT Access Manager. COLORADO DEPARTMENT OF TRANSPORTATION Environmental Clearances Information Summary PURPOSE - This summary is intended to inform entities external to COOT that may be entering the state highway right-of-way to perform work related to their own facilities (such as Utility, Special Use or Access Permittees), about some of the more commonly encountered environmental permitslclearances that may apply to their activities. This listing is not all -Inclusive - additional environmental or cultural resource permits/clearances may be required in certain instances. Appropriate local, state and federal agencies should be contacted for additional information it there is any uncertainty about what permiis/ctearances are required for a specific activity. IMPORTANT — Please Review The Following Information Carefully — Failure to Comply With Regulatory Requirements May Result In Suspension or Revocation of Your COOT Permit, Or Enforcement Actions By Other Agencies CLEARANCE CONTACTS - As indicated in the porrnilldearance descriptions listed below, the following individuals or agencies may be contacted for additional information: • Colorado Department of Public Health and Environment (CDPHE) — General Information -- (303) 692-2035 Water Quality Control Division (WQCD) (303) 692-3500 Environmental Permitting Website tete:Na.cdpho.state,co.uelpprptits.asp. • CDOT Water Quality Program Manager; Rick Willard (303) 757-9343 • CDOT Asbestos Project Manager; Julia Horn (303) 512-5519 • Colorado Office 0! Archaeology and Historic Preservation: (303) 856-3395 • U.S. Any Corps of Engineers, District Regulatory Offices Omaha District (NE Colorado), Denver Office (303) 979-4120 http://www.nwo.usace,armv.mil/temiled-llltri-laices.html Sacramento Dist (Western CO), Grand Junction Office (970) 243-1199 httn://ww&ael.usace.armv.tnieceeek-co/regulatorvl Albuquerque District (SE Colorado), Puebla Reg. Office (719)-543.6915btte://www,et _usace.armv.mil/regj • CDOT Utilities, Special Use and Access Permitting: (303) 757.9654 hit. ;1 sr<<ik t a .: e : ' e twcotoalcai Rgsourcee— Disturbance of wildlife shall be avoided to the maximum extent practicable. Entry into areas of known or suspected threatened or endangered species habitat will require spatial authorization from the COOT permitting office. iI any threatened or endangered species are encountered during the prcgress of the permitted work, work in the subject area shall be halted and the COOT Regional Permltting Office and Regional Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDi71' priorto the continuation of work. Information about threatened or endangered species may be obtained from the CDOT website http•f/ vow.dot.state.co.uslenvironmer:teliWi iGuidelineeesp or the Colorado Division of Wifdfife website titin://wildlife.state.ce,us/WrdlifeSnecies%SpociesOfConcem/. Additional guidance may be provided by the Regional Permitting OIfice in the Permit Special Provisions. Cultural Reseercea — The applicant must request a file search of the permit area through the Colorado Office of Archaeology and Historic Preservation (OAHP), Denver, to ascertain if historic or archaeological resources have previously been identified. Inventory of the permit area by a qualified cultural resources specialist may be necessary, per the recommendation of OAHP and/or CDOT. If archaeological or historical artifacts are encountered during the progress of the permitted work, work In the subject area shall be halted and the CDOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of worts. Additional guidance may be provided by the Regional Permitting Office in the Permit Special Provisions. Contact Information Contact the OAHP at (303) 866-3395. General Prohibition — Disgharctes - All discharges are subject to the provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations. Prohibited discharges include substances such as wash water, paint, automotive fluids, solvents, oils er soaps. Contact Information: Contact the CDOT Water Quality Program Manager at (303) 757-9343, or the Colorado Department of Public Health and Environment, Water quality Control Division (WQCD) at (303) 6923500. General Authprtzj pn-Allowable Non-$orrnwater !Asciiarggs - Unless otherwise identified by CDOT or the WQCD as significant sources of pollutants to the waters of the State, the following discharges to stonnwater systems are allowed without a Colorado Discharge Permit System permit: landscape irrigation, diverted stream flows, uncontaminated ground water infiltration to separate storm sewers, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, footing drains; water tine flushing, flows from riparian habitats and wetlands, and flow from fire fighting activities. Contact Information: The COOT Water Quality Projram Manager or the CDPHE Water Quality Control Divisionstelephone #'s listed above . Hazardous Materials, Solid Waste - The Solid Wastes Disposal Sites and Facilities Act C.R.S. 30.20-100, et al, and Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), prohibit solid waste disposal without an approved Certificate of Designation (a landfill permit), The Colorado Hazardous Waste Act C.R.S. 25-15.301 et al, and the Colorado Hazardous Waste Regulations (8 CCR 1007-3) prohibit the transfer, storage or disposal (TSD) of hazardous waste except at permitted TSD sites. There are no permitted landfills or TSD sites within the Stale Highway Right of Way, Therefore, all solid or hazardous wastes That might be generated by the activities of entities entering the State highway Right of Way must be removed from the ROW and disposed of at a permitted facility or designated collection point (e.g., for solid waste, a utility or construction company's own durnpater). If pre-existing solid waste or hazardous materials contamination (including oil or gasoline contaminated soil, asbestos, chemicals, mine tailings, etc) is encountered during the performance of work, the permittee shall halt work in the affected area and Immediately contact the CDOT Regional Permitting Office for direction as to how to proceed. Contact lefo: Contact the CDOT/CI:PRE liaison at (303)757-9787, Environmental Clearances information Summary Pogo 1 or 3 Colorado Department of Transportation November '07 Asbestos Containing Materials, Asbestos Contaminated Soil — All work on asbestos containing materials (ACM) must comply with the applicable requirements of the CDPHE Air Pollution Control Division's (APCD) Regulation 6. Disposal of ACM, and work done in asbestos -contaminated sod, must campiy with the CDHPE Hazardous Materials and Waste Management Division's (HMWMD) Solid Waste Regulations. The application for any COOT permit must specifically identify any ACM involved in the work for which authorization is being requested. Additional guidance or requirements may be specited in the permit special provisions. Contact Info: CDPHE APCD and HMWMD Regulations can be accessed via the CDPHE Environmental Permuting Website listed above. Additional information co)tcemine clearance en COOT prefects is available from Julia Horn, COOT Asbestos Project Manager (303) 512-5519, or Theresa Santangelo-Drefling, Property Management Supervisor (303) 512-5524. Construction Stomiwater Permit; Stormwater Diseearc o From !ndlrsiriel Facj(jtles - Discharges of stormwater runoff from construction sites disturbing one acre or more - or certain types of industrial facilities - requires a CDPS Stormwater Permit. Contact Information; For Uglily/Special Use activities being performed in conjunction and coordination with a CDOT highway construction contract, please contact the CDOT Water Quality Program Manager at (303) 757-9343. Otherwise, contact the CDPHE Water Quality Control Division at (303) 692-3500. Webaite:htt@:lf '.cdthe.at,te.co.es:.e,/Pemile Ilea! cd! ,html Cgnstruction D�¢tering, (Discharge or Infiltration) -- Discharges of water encountered during excavation or work in wet areas may require a Construction Dewatering Discharge Permit. Contact infonnatlen: For Construction Dewatering Discharge Permits, contact the CDPHE WQCD at 303 692-3500. Wobsite:htt f l ± ,cd! se p e. o - set- eui: • A . to ui .html Minimal industrial Discharge permit— Discharges of small quantities of wastewater or wastewater requiring minimal treatment, such as that resulting from hydrostatic tesling or certain wash waters, may require a Minimal industrial Discharge Permit ("MINDI"). Contactlnfo:Contact the CDPHE WQCO at 303 692-3500. Website: gtrytivolow.cdpho.state.co.usiwq/Perinli0 iywoodr� Item' Municipal Separate Storm Sever System (MS4) Discharge Permit— Discharges from the storm sewer systems of larger municipatules, and from the COOT highway drainage system that lies within those municipalities, are subject lo MS4 Permits Issued by the CDPHE WQCD. For facilities that lie within the boundaries of a municipality that is subject to a MS4 permit, the owner of such facility should contact the municipality regarding stormwater related clearances that may have been established under that municipality's MS4 permit. All discharges to the COOT highway drainage system must comply with the applicable provisions of Ole Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations, and are subject to inspection by the CDOT and the CDHPE. Contact Information: Contact the CDPHE Water Quality Control Division at (303) 692-3500 for a listing of municipalities required to obtain MS -4 Permits, or go to blip:/f+nrw,r.cclphr:.state_co.uslwtePerreitsUnitiwacdpmthtml#fv)arnic€palFor sGuid„anre. Dlscharoe of Dredged or Fit! Material — 404 Permits Administered BY the U.S. Army Corns of Eniiineers, and Secttofr 409 Wetpr Quality codifications issued by the CDPHE WCSCD - Corps of Engineers 404 Permits are required for the discharge of dredged or fill materials into waters of the United States, including wetlands. There are various types of 404 Permits, including Nationwide Permits, which are issued for activities with relatively minor impacts. For example, there is a Nationwide Permit for Utility Line Activities (NWP #12). However, depending upon the specific circumstances, it is possible that eilher a "General' or Individual" 404 permit would be required. If an Individual 404 Permit is required, Section 401 water quality certification from the CDPHE WOCO is also required. Contact Information: Contact the appropriate Corps District Regulatory Office for information abaul what type of 404 milt ma be uiredInformation rovided at to of ECIS . Cantact the CDPHEWater Quaflt Control Division at 303 692-3500. Erosion and Sediment Control Practices - For activities requiring a Construction Storrnwater Permit, erosion control requirements will be specified through that permit. In those situations where a stormwater permit is not required, aN reasonable measures should be taken in order to minimize erosion and sedimentation. In either case, the CDOT Slormwater Quality and Erosion Control Guide (2002) should be used to design erosion controls. Contact Information: The CDOT Storrewater Quality and Erosion Control Guide may be obtained from the Bid Plans Office at 303 75.7-9313 or from: hit •/b _ : d. ,ate co.....: '0 r rr : thee v a : to * u: I a. ms • - s. Disuoaal of Drilling Plui tg - Drilling fluids used in operations such as Horizontal Directional Drilling may be classified as 'discharges' or "solid wastes", and in general, should be pumped or vacuumed from the construction area, removed from the State Highway Right of Way, and disposed of at permitted facilities that specifically accept such wastes. Disposal of drilling fluids into storm drains, storm sewers, roadside ditches or any other type of man-made or natural waterway is prohibited by Water Quality Conlrot andfor Solid Waste regulations. Small quantities of drilling fluid solids (less than 1 cubic yard of solids) may be left on-site alter either being separated from fluids or after infiltration of the water, provided: 1) the drilling fluid consists of only water and bentonite clay, or, if required for proper drilling properties, small quantities of polymer additives that are approved for use in drinking water well drilling; 2) the solids are fully contained in a pit, and are not likely to pose a nuisance to future work in the area, 3) the solids are covered and the area restored as required by CDOT permit requirements (Utility, Special Use, or Access Permits, eta). Contact information: Contact the CDOT / CDPHE Liaison or CDOT Water Quality Program Manager. Concrete WA:lgot -Waste generated from concrete activities shall NOT he allowed to flow into he drainage ways, inlets, receiving waters, or In the CDOT ROW. Concrete waste shall be placed in a temporary concrete washout facility. Concrete washout shall only be performed as specified by the CDOT Environmental Program and shall be in accordance to COOT specifications and guidelines. Contactlnfonnation: Contact the CDOT Water Quality. Program Manager at (303) 757-9343. 5t iil_Reportiyg - Spills shall be contained and cleaned up as soon as possible. Spills shall NOT be washed down into the storm drain or buried. All spills shall be reported to the CI)O'r illicit Discharge Hotline al (303) 512-4446 (41120), as well as the Regional Pernetting Office and Regional Maintenance Supervisor. Spills on highways, into waterways, or that may otherwise present an Emiramtantal Clearances Information Summary Page 2 of 3 Colorado Department of Transportation November'07 immediate danger to the public shall be reported by calling 9i1, and shill also be reported to the CDP HE at 1-(877J-510-5608. Transportation of Hazardous Materials - No person may offer or accept a hazardous material for transportation in commerce unless That person Is registered in conformanco with the United States Department of Transportation regulations at 49 CFR, Part 171. The hazardous material must be property classed, described, packaged, marked, labeled, and in condition for shipment as required or authorized by applicable requirements, or an exemption, approval or registration has been issued. Vehicles requiring a placard, must obtain authorization and a State I-LAZMAT € ermit from the Colorado Public Utilities Commission. Contact /reformation: For authorization and more info call the Federal Motor Safety Carrier Administration, US DOT for Inter- and intra -state HAZMAT Registration (303) 988.6748. Colorado Public Utilities Commission: (303) 894-2866, Paleontoloav - The applicant must request a fossil locality file search through the University of Colorado Museum, Boulder, and the Denver Museum of Nature and Science to ascertain if paleontological resources have been previously identrned. Inventory of the permit area by a qualified paleontologist may Ue necessary, per the recommendation of COOT. If fossils are encountered during the permitted work, all work in the subject area shall be hatted and the COOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work, Additional guidance may be provided by the Regional Permitting Office in lha Permit Special Provisions. Contact Information: Contact the COOT Paleontologist at (303) 757-0632, W2dtlagoq or In any stream q rL js baric - In order to protect and preserve the state's fish and wildlife resources from actions that may obstruct, diminish, destroy, change, modify, or vary a natural existing stream or iia banks or tributaries, it may be necessary to obtain a Senate Hill 40 certification from the Colorado Department of Natural Resources. A Stream is defined as 1) represented by a solid blue line on 11505 7.5' quadrangle maps; andlor 2) intermittent streams providing live water beneficial to fish and wildlife; andlor 3) segments of Streams supporting 25% or more cover within 100 yards upstream or downstream of the project; and/or 4) segments of streams having wetlands present within 200 yards upstream or downstream of the project. The Colorado Division of Wtdfife (CDOW) apptication, as per guidelines agreed upon by COOT arid CDOW, can be accessed at ,r,, .., - , :.«..ushiviro ental! ' FI• .ermitr3..lication.ag, bout This„ Forret -Questions or comments about this Information Summary may be directed to Dahir Eget, COOT Safely & Traffic Engineering, Utilities Unit, al (303) 757-9344yciahlr Eigal!��dat.atate.co.u^ Environmental Clearances information Summary 3'nge 3 of 3 Colorado Department of Transportation November '07 Gabossi Engineer's Date: Item No. Access MP 109.8 US Highway 6 Opinion of Probable Cost August 10, 2009 US 6 MP 109.80 Schmueser Driveway Construction Est. Oty Unit Description Gordon Unit Price Meyer Inc. Total 1.0 1.0 L.S Clear and Grub Each ;Reset Delineator S.Y.emove Existin Asphalt _.., P Mat (2 Milling) L F Remove Culvert ___rt C.Y.:Unclassified Excavation I L F Fence Hour .' Laborer�� ._ . -, _. _....._..__._ ___..._m_._ ._.___�__ C.Y.Topsoil 4" depth...... Each Erosion Bales(Weed Free � $1,000.00; $10.00 $5.00 $3.00 $1000 _$55.00 $1.5W 820.00. $150.001 $1,000,00 $10.00 $100.00 $102.00 $1,050.00 $220.00 0 $39.00 $200.00 $300.00 . ....__..__ 240 34.0 105.0 15.0- q 4 26.0 10.0 2.0 Each :Landscape Boulder t._...-94A 1.0 0.1 26.0 ..---- 0.1 10.6 95.0 _ ..... 31.0 L.S.Erosion Acre C.Y - Acre LB Ton .. ...... _Ton___ Ton Control Supervisor $5,000.00j.. ;Seeding (Natives _ .�..._... , " $5,500.001 Soil Preparation -$10.00 Mulching (Weed Free Hay) 84001.001_ Mulch Tackifier (100 Lb/Acrel $2 601 Aggregate Base Course Class 3 ( } ,.. $2040_..__ Acigre ate Base Course (Class 6)�_.. _ ..:_- _ $25,00! " Hot Mix Asphalt (Grading SX) (100) SPG 64-22) _ $65.00 I ;18 Inch Corrugated Steel Pipe 1$3,250.00 _g-_.,.._. ._ $65001 ;18 Inch Steel End Section $425.00; I- 'Construction Surveying - $1,500.001 Mobilization $2,000 00 : Flag in9 ___._ ..._. $20.00 Traffic Control Inspection} _ $100.00 Traffic Control Management $200.00= Sign Panel (Class lid -__ .___.-._. $20.601 Steel Sign Post (2.5 Inch Round) (Slipbase Sc 80) (Post! $425.00? Construction Traffic Sign $75.00; 'Drum Channelizing Device _.._. _.. _._. $35 00: .__.... Revisions ._._....__... $1,000 00 .$1,000.00 FIA Quality Incentive Payment $0.001.0 $5,000.00 $275 Q0 $260 00 $20.00 $20 00 _ ___. $1,960 00 $2,350.00 $2,015.00 $850.00 $1,500.00 $2,006.00 $100.00 $1,094.60 $2,000.00 $125.00 $425,00 $300.00 8350.00_ $0.00 50.0 L.F. ____ ..___..�..." 2.0 Each t() L.S. 1 0 L.S 5.0� Hour 10.0 Day 10.0 Day 6.-311 S F 1 0 Each 4.0 Each 10.0 Each 1.011 F.A SUB-TOTAL: 15% Contingency: NOTE: The estimates contained herein are the opinion of this engineer and are based upon historical information adjusted for unique conditions of this project. TOTAL: As with any cost estimate acnof costs may vary due to market conditions. $28,136.00 $4,220.40 532,356.40 1191HX3 O9V1-0210 97 .meq Jddy 60 -0f -LO AWG .•4q 1MOJQ 100'9ff-600 ' °N Qat )dans .10403 1 , . W _ �N l = 0Q z 1 r Q1 z co IxI W or•1 LL Q 2 0 PP f Nwr U i "1 1 X <10w w m z W 2w 1• o8 % 3 .�i xw< ;i; 4 2 i !!:li 1 i �� app UWo#W}ya- VpJ Ze �$ a0 U 0._SWW S Ip'yy�� W 2' U y� yy o aa1� §s yy � iAA CG °� "5 ~UW 8 W i rc. .24 \ Rb Z` F �1 pi ;g =z° °mss(� 5 a°GPigli $Yi 3 g—n- 1 i, s, I Vl h 4... ck iiiiS{ j$� �} zx w azo uw� a rc ° <nm S fill tt g w o, < rgp4 d5580v .8 030r1 J 1.- ,1 rw-1 iK W � aw ~ O} NO3 J 2 $� C ' �_ �y U^<m8 scc c9 ZZZ a8 N J ElL., Z O � '4 Wg z ..S Y R `�3' - 0 i w v a @ pi, a ,L,M riga i ,x- A 4 : fi LA k PERMITEE GENERAL NOTES 0fr060e# l rurrad 9 SY2 9'60T dH 2 b h W ia6,091 wo6>8 600Z 6ny [0 .44F14 6002 6^V 90 'n41 Fa"a5 64P'!p9!43 NOWm0WS P/a9 Q 9 e00'9FF-600Zi600Zlr 07 Aug 2009 8.49am lbarger P1,2009112009-33600! Old Orchard SublOrchard Exhibil.drq Saved Th.. 06 Aug 2009 4: lip 4' DRIVEWAY SEC770N (SEE 64-22 HMA ASPHALT TEMPLATE DETAIL) PROPOSFTI DRIVEWAY TYPICAL SECIJON MP 109.8 US HIGHWAY 6 LANE JQR1-1 T q r SIGN ;`, / I 7 / / z' GRAM. • 5NOULJ7RI' ' STA 0155.35 , , 0)0.57 / Lbws OF HMA p451/ AND SHOULDER! i,, REMOVE 20LIL. -1 / OF EVSIING FirCE � J .,^„-.31 7'w�. �a+Vgeti �/4 SNE / ! lZ ei f �_y IRE .,,4- r 2 27.29 tl- CY 7CmPi - I cs ..0 J,jjji.';'. ----zzZz ' N 10869.58 E 9977.84 /4 4:1 SLOPE, 5640 2' StIOULD£R `EXISANG (11P) GRADE 5830 CMP ./FES 51A 0#3.A65 0/5.25.0' INV OUT 5618.94 CMP r/FE5 STA 01.3.165 0/S 250R INV /N— 5619.44 /S 4JR.az R3' PROPERTY' un 5620 RES£1 'LOELIN£ATOR EpGE O� ASPNAt WHITE r II II I! GRAPHIC zo 0 10 X ( IN I inch SCALE 40 DELINEATOR• POST Bo FEET ) = 20 tt • - eo'c£ sarlA7r" LOW POINT ELEY = 5622.07 LOW POINT STA = 0+34.02 PVI STA = 0+47.91 PVI ELEV = 5621.58 A.D. =9.00 K = 6.56 10 Lti _DATUM! ELE 38' 18" CMP XING' STA 0+3.165 INV EL- 5619.19 SCALE. - 1' = 20' HORZ r " = 5' VERT. EXISTING CENTERLINE ELEVATION FINISHED CENTERLINE ELEVATION cv h co 5610.00 1 b h • v`i� ryco h ryh h ryh h 0+00 0+50 +00 c\ Job No. 2009-336.001 r\ 4 ORCHARD EXHIBIT cts q 6SCI-IMUESER 1 GORDON 1 MEYER ENGINEERS I SURVEYORS I 1 8 W. 6 . STREET. SurtE 200 GLRARO0D 5,R1005. COLORADO 81801 (070) 945. 1004 FAX (970) 045-5948 ASRCS, COLORA00 1070) 925-6727 CRe3T60 BVrrc. CO 19701 349-5355 MP 109.8 US 6 Permit #309040 ▪ 07 Aug 2009 8.50am Marge,' ( 2009162009—JJ6.00t 010 0, -chord SubyOrcha© £.vhiblt.dwg SavedThu, 06 Aug 2009 4. lip, P10t<< 2^ 2" 12" 12" HMA GRADE Sx(lOD} (64-22) CLASS 6 A.B.C. CLASS 3 AB.0 64-22 HMA ASPHALT TEMPLATE Nor 70 SCALE -.._ 2' BUTT J01NT 2" THICK MILLET NEW FULL D£PTN DRIVEWAY CONSTRUCI7ON DOSANC STRUCTURE TO REMAIN SAMCUT LINE PROJECT LIMIT ASPHALT PAVEMENT TRANSITION NOT 70 SCALE NOTES' cog AB4NDOA'/Q(0IX/S71NG ACCESS SITE — REMOVE EXIS77NG GATE AND REPLACE WITH FENCE — PLACE LANDSCAPE BOULDERS ON EXIS77NG PLATFORM — PREPARE SOIL TOPSOIL, SEED, AND MULCH EXISTING DRIVEWAY LIMITS WITHIN THE RICHT OF WAY x CATS __moo/HE 'T ~�T EXISTING Acr F ss G0 HE ,tvL �. P'LPARE �u/C. rrJr":UfL, S£EO, & nsuLCH //DOPER 1/4, 4 ' HW'r 6 27'E 4 mP 109.9 GRAPHIC SCALE avovnx�� rr OF 4s, w ( IN FEET ) 1 inch = 10 ft. Job No, 2009-336.001 O O ORCHARD EXHl81T eSCHMUESER 1 GORDON 1 MEYER ENGINEERS SURVEYORS 118 w 6rw Sheer. SUITE 200 GLE O0D SPnIMOS. COLOA.Aaa 8I 801 19701 945- 1 004 FAX 1970) 945-5948 Asve.., COLORADO 1970) 925-6727 CRESTED Burrc. CO 1970) 349.5355 MP 109.8 US 6 Permit #309040 4y 2009�70O9—J36.00f Old &chord SubSOrchard £xh•tif.dwg Saved: Am, 05 Aug 7009 4r/Jp,'' P/o'fer -,, 07 Aug 2009 8:50om /barge, ADDITIONAL GENERAL. NOTES 1) 1H15 ACCESS PERMIT APPUCATION 1308154 WILL REPLACE ANY EXISTING ACR'ESS PERMITS FOR THE SITE 2) UTILITY UNES SHOWN ON THE PLAN SHEETS ARE PLATTED FROM THE BEST AVAILABLE INFORMATION. THE CONTRACTOR'S ATTENTION IS DIRECTED TO SUBSECTION 105.06 OF 1HE STANDARD SPECIFICATIONS CONCERNING UTILITIES. THE CONTRACTOR SHALL COORDINATE WORK WITH UTILITY COMPANIES SO THAT NECESSARY RELOCATIONS CAN BE ACCOMPLISHED WITHOUT IMPACTING THE CONSTRUCTION SCHEDULE. 3) THE CONTRACTOR SHALL CILLI THE UTILITY NOTIFICATION CENTER OF COLORADO (MCC) AT 1-800-922-1967 FOR UTEDY LOCATIONS A7 LEAST 2 BUSINESS 01Y5. NOT INCLUDING THE DAY OF THE ACTUAL NOTIFICATION. PRIOR TO ANY EXCAVATION. THE CONTRACTOR SHALL VERIFY ALL RIM AND INVERT ELEVATION OF 011811Nc LINL TIES AT PROPOSED UTILITY 117 -IN LOCATIONS AND ALL MATCH POINTS PRIOR TO CONSTRUCTION. REFER TO THE SURVEY TABULATION. 4) THE CONTRACTOR SHALL BE RESPONSIBLE FOR ADHERING 70 ALL GARFIELD COUNTY ORDINANCES. 5) WATER SHALL BE USED AS A DUST PALLIATIVE WHERE REQUIRED. LOCATIONS SHALL BE DIRECTED BY THE ENGINE 91 AHD SHALL NOT 8E PND SEPARATELY. 6) PRELIMI INNARY � comma OF PAVEMENT MATERIALS, THE FOLLOWING RATES OF AGGREGATE 80.5E COURSE (CLASS 6) 0 133 LBS/CU. FT. AGGREGATE BASE COURSE (CLASS 2) O 135 LBS/GU. FT. HOT BITUMINOUS PAVEMENT 5X (1 00)(PG 64-22) 0 115 LDS/SY. YD./INCH TACK COAT DILUTED EMUL. ASPH (SLOW SETTING) 0 0.10 GAL/SQ. Y0. (DILUTED) 7) OILUTED EMULSIFIED ASPHALT FOR TACK COAT SHALL CONSIST OF 1 PART EMULSIFIED AND 1 PART WATER. RATE OF APPLICATION SHALL BE DETERMINED 6Y THE ENGINEER, 9) 71-17 FOE LOWING SHALL BE FURNISHED WITH 1.4CH BITUMINOUS PAVER, A A 101 TYPE DEVICE Ai 30 FEET IN LENGTH. 5. A SHORT SK: OR :HOC. 9) DEPTH OF MOSTURE-DENSITY CONTROL FOR THE PROJECT SHALL BE THE FULL DEPTH OF ALL EMBANKMENT AND 0.5 FEET BELOW BASE OF CUTS AND FIDS. TYPE OF COMPACTION FOR THE WILL BE A4SHTO T -99 109 EAIGI;, An ENT MATERIAL (017). 10) EXCAVATION REQUIRED FOR COMPACTION OF BASES OF CUTS AND FILLS WILL BE CONSIDERED AS SUBSIDIARY TO THAT OPERATION AND WILL NOT BE PND FOR SEPARATLEY. 11) EMBANKMENT MATERIAL SHALL HAVE A MINIMUM R -VALUE OF 60 WITHIN THE TOP 22 INCHES OF SUBCRADE 12) ANY OPEN EXCAVATION LEFT UNATTENDED SHALL 8E BARRICADED OR FENCED OFF BY THE CONTRACTOR. COST OF THE FENCING TO PROTECT TRAVELED WAY SHALL BE INCLUDED IN THE COST OF THE EXCAVATOR. 13) THE CONTRACTOR IS RESPONSIBLE TO MNNTNN ALL EXISTING ORNNAGE SYSTEMS DURING CONSTRUCTION. THE CONTRACTOR SHALL ALSO MNNTAJN ALL ACCESS POINTS FROM THE HIGHWAY DURING CCRSTRUCT7OH. IF ADJACENT PROPERTY OWNERS AGREE IN WR01NG TO TETAPORARY CLOSURES. THESE AGREDIDITS MUST BE APPROVED BY THE ENGINEER IN WRITING PRIOR TO MIPI EMENTATION. 14) CERTIFICATES OF INSURANCE ISSUED FROM THE CONTRACTOR TO THE OWNER FOR THE PROJECT SHALL ALSO NAME 0001 AS AN ADDITIONAL INSURED PARTY. 15) TF¢ CONTRACTOR SHALL SAWCUT THE EDGE Oi THE EXISTING ASPHALT MAT TO PRO57DE A CLEAN JOINT BEEWEOL COSTING ROADWAY AND NEW WIDENING& TRAFFIC CONTROL NOTES 1) PRIOR TO BEGINNING OF WORK IN THE 000T RIGHT OF WAY. THE PE916711 E WHALL CREATE A SITE SPECIFIC AND DETAILED CONSTRUCTION TRAFFIC CONTROL PLAN WHICH COVERS ALL PHASES AND Off/NIGHT SIGNAGE CONDITIONS OF WORK. INCLUDING FINAL SIGNING AND STRIPIRG. 2) PERMITTEE SHALL 90109E ALL TRAFFIC CONTROL DEVICES AT THE ENO OF THE DAY'S CONSTRUCTION ACTIVITIES. ON WEFJ(ENDS AND HOUOAYS, UNLESS OTHERWISE DIRECTED BY CURT. 3) THE POSTED SPEED NANO HIGHWAY 6 IN THE PROJECT AREA IS 55 MPH, WHICH MILL BE MMNYNNED AS THE CONSTRUCTION ZONE SPEED UM'. DRUM CHANNEIJZING DEVICES SHALL BE SPACED 25' HANG THE CONSTRUCTION LIMITS (APPROXAYNTELY 55' ON OTHER SIDE OF PROPOSED ACCESS)_ NO DRUMS WILL BE HEEDED AT THE ABANDONED ACCESS. 4) CONSTRUCTION TRAFFIC CONTROL SHALL FOLLOW 'SHOULDER WORK WTFH MINOR ENCROACHMENT' (FIGURE TA -6 IN THE MUTCD PLATT N). 5) CASE N0. 25 09 STANDARD PLAN 5-630-1 (11 OF 12) SHOWING 'F1NES DOUBLE IN WORK ZONE (WITHOUT SPEED REDUCTION)" 510N17,10 SHALL APPLY TO TRAFFIC CONTROL ALONG US 6. 6) CONCTRACTOR SHALL SUBMR TOP'S AND MILT'S FOR ALL PHASES OF WORK AT LEAST ONE WEER P9109 TO COMMENCING WORK IN THE RIGHT OF WAY. THE ENGINEER OF RECORD SHALL APPROVE ALL TRAFFIC CONTROL SUBMTT[ALS UT THE CONTRACTOR PRIOR TO INiMTNG WORK IN THE RIGHT OF WAY AND PROVIDE COPES TO COOT, 020-10 THANK DIREDIS 19191/91750 JV 9E5?S0TN1Q .460 54578007)0 0AIPEZ7707) AF7E72 ACCESS OSNSAi4 fl 920-1 *20-70.• MP 109.8 0.-6 612; SS C12&52B1E22)2V S1QVIATG " USED ONLY VITEN HEAVY PElAG'CES' ARE R/RNAVC Addtional 02 0 CO Q) ORCHARD £XH/S/T eSCHMUESER GORDON 1 MEYER ENGINEERS 1 SURVEYORS 1 18 W. 6Th 5F#EEr. SUPE 20O Gorhw000 $ RIMOs- COLORAOC 91 601 19 701 045-1 004 FAX (9701 040-5049 ASFE' . CO..oawoo 1970) 915-0727 CaesTEo Burse, CO [9701 349-5325 tiC121 " .•u RESOURCE .1 uu MM•M• E N G I N E E R I N G I N C. John L. Taufer John L. Taufer & Associates, Inc. PO Box 2271 Glenwood Springs CO 81602 March 1, 2010 RE: Old Orchard Subdivision Preliminary Plan/Final Plat - Water Rights and Water Supply Plan Dear John: At your request, Resource Engineering, Inc. (RESOURCE) prepared a water rights and water supply plan for the Old Orchard Subdivision Preliminary Plan/Final Plat submittal. The applicants and owners of the property are Rocky and Mary Gabossi (Gabossi). The plan presented herein follows the standards set forth in Section 7-104, 7-105 of the Garfield County (GARCO) Unified Land Use Resolution. The proposed subdivision project would create 4 parcels from an existing 20.2 acre parcel. Lot 1 would include the existing Gabossi house and a new accessory dwelling unit (ADU). Lots 2, 3 and 4 would accommodate a new single family residence and an ADU on each lot. EXISTING WATER RIGHTS Domestic water rights for the subject parcel were decreed in Case Nos. W-1358 and 97CW162. The water rights were decreed for a larger 60 acre parcel of land now known as the Gabossi/Wagner Exemption and split between Gabossi and Wagner. The water rights are divided between Gabossi and Wagner. Gabossi owns the Bowles Well (W- 1358), Bowles Well Nos. 1-3 (97CW162) and one-half interest in the plan for augmentation decreed in Case No. 97CW162. The augmentation plan component owned by Gabossi includes in-house water use for up to 15 single family units through the Bowles Well Nos. 1-3. There are two existing wells on the subject property including the Bowles Well (Permit No. 52966) and Bowles Well No.2 (Permit No. 68856-F). The Bowles Well is located on the proposed Lot 1 and serves the existing Gabossi house. Bowles Well No. 2 is located on the proposed Lot 3 and is permitted to serve up to 7 dwelling units. For purposes of the Preliminary Plan Application, it is proposed that the Bowles Well No. 2 will serve a single family dwelling unit and an ADU on Lots 2, 3 and 4 and an ADU on Lot 1. Irrigation water rights in the Williams Canal are appurtenant to the subject property. These water rights will continue to be used for irrigation on the property. The Williams Canal water rights will be conveyed to each lot on a pro rata basis according to the amount of historically irrigated land that is located on each lot. Copies of the decrees and well permits, are attached. WATER REQUIREMENTS The in-house water requirement for each single family dwelling unit and ADU is 350 gallons per day, based on an average of 3.5 people per unit each using 100 gallons per Consulting Engineers and Hydrologists 909 Colorado Avenue ■ Glenwood Springs, CO B1601 ■ (970) 945-6777 • Fax (970)945-1137 John L. Taufer Page 2 March 1, 2010 day. This equates to 2800 gallons per day or 3.14 acre feet per year for 8 dwelling units (4 single family units and 4 ADU). Outside irrigation is not allowed from the shared well on Lot 3. Irrigation will be from the Williams Canal. The water depletion to the stream system from the wells is estimated at 15 percent of the demand (assuming wastewater disposal through an ISDS system) for in-house use and the net ET rate for irrigation use. The existing ISDS on the property and the SCS soil Survey data indicate standard ISDS systems are feasible for the project. The in- house depletion for a single family unit is 0.06 acre feet per year. The total project water demand is estimated at 3.14 acre feet per year as shown on the attached Table 1. The total project depletion to the stream system is estimated at 0.47 acre feet per year. The Lot 1 well will need to provide 350 to 700 gallons per day (0.25 to 0.5 gpm sustained yield). The shared Lot 3 well will need to provide 2450 gallons per day, which requires a long term sustained yield of at least 2 gallons per minute. WATER SUPPLY The physical water supply for the project will come from the two existing wells. The existing Bowles Well will continue to serve the existing main house on Lot 1. The existing well on Lot 3 will be shared by Lots 2, 3, and 4 and an ADU on Lot 1. The existing Bowles Well has adequately served the existing main house since construction of the well in 1972 and was tested by RESOURCE in 2009. The existing Bowles Well No.2 was tested by J & M Pump Company for four hours in August 2002 and by RESOURCE for 24 hours in January 2010. The geology of the project site is the Weber Sandstone and Maroon Formation situated in proximity to the Colorado River. These formations generally produce adequate weals for domestic uses. Bowles Well A 24-hour pumping test was conducted on the existing Bowles Well by RESOURCE on July 9 - July 11, 2009. Drawdown data was collected at 5 second intervals during pumping and recovery using a pressure transducer and data logger. Data was collected periodically during the test using a well sounder to field verify the automated data recorder. The well was pumped at 8.7 gpm and the maximum drawdown in the well was approximately 16.5 feet (34.5 feet from the top of casing) after 1430 minutes of pumping. At the end of the test approximately 15 feet of water remained in the well. This is a large safety margin against the well pumping dry. --RESOURCE N G I N E E Fa I N G i N C. John L. Taufer Page 3 March 1, 2010 Over the 24 hour pumping period 12,500 gallons of water was pumped from the well. This is about 20 times the estimated daily demand of 350 gallons for the house and 5 times the total project demand of 2800 gallons per day. The water level recovery in the well reached 97 % of the static water level at the start of the test in the 24 hours after pumping ceased. The well recharged slightly lower than the original water static level. This was primarily due to an increase in barometric pressure, although it may also indicate that the sustained yield of the well is slightly Tess than 8.7 gpm. The well is more than adequate for existing and proposed uses on Lot 1. Bowles Well No.2 A 4 -hour pumping test was conducted on the existing Bowles Well No..2 by J & M Pump Company in August 2002. Drawdown data was collected using a well probe at prescribed intervals. The well was pumped at 15 gpm and the maximum drawdown in the well was approximately 29 feet (36 feet from the top of casing). The drawdown stabilized at 29 feet during the pump test. At the end of the test approximately 215 feet of water remained in the well. This is a large safety margin against the well pumping dry. A 24 hour pumping test was conducted on the existing Bowles Well No. 2 by RESOURCE on January 26 through 28, 2010. Drawdown data was collected at 5 second intervals during pumping and recovery using a pressure transducer and data logger. Data was collected periodically during the test using a well sounder to field verify the automated data recorder. The well was pumped at 15 gpm and the maximum drawdown in the well was approximately 47.6 feet (60.4 feet from the top of casing) after 1440 minutes of pumping. At the end of the test approximately 160 feet of water remained in the well. This is a large safety margin against the well pumping dry. Over the 24 hour pumping period 21,600 gallons of water was pumped from the well. This is about 9 times the estimated daily demand of 2450 gallons for 7 dwelling units. The water level recovery in the well reached 75% of the static water level at the start of the test in the 24 hours after pumping ceased. The well recharged slower than expected and indicates a yield of less than 15 gpm. Based on the initial drawdown data and recovery data, RESOURCE estimates the long term yield of the well at approximately 10 gpm. The well yield is more than adequate to serve the in-house demands for 7 dwelling units. WATER QUALITY The water quality of the existing Bowles Well has been adequate for the existing main house. Both of the existing wells were tested for nitrates and bacteria in 2002. The results indicate very low concentration of nitrate, 0.14 to 0.34 mg/I, compared to the drinking water standard of 10 mg/l. Both wells had no coliform bacteria in the water. RESOURCE obtained water samples from the Bowles Well and the Bowles Well No. 2 RESOURCE N I N E E R I N U N C John L. Taufer Page 4 March 1, 2010 during the 24 hour pumping tests and sent there to ACZ Laboratories for analysis of State Primary and Secondary Drinking Water Standards. The attached laboratory results for the Bowles Well indicate no problems with the quality of the water in the well. All the parameters measured were below the levels set for the Primary and Secondary Drinking Water Standards. The hardness was measured at 261 mg/I, which is considered very hard. Hard water can leave mineral deposits on plumbing fixtures and lessen effectiveness of soaps, but is generally not harmful. To prevent calcium buildup water softening is recommended. The attached laboratory results for Bowles Well No. 2 also indicate no concerns with the water quality. All the parameters measured were below the levels set for the Primary and Secondary Drinking Water Standards. We do note that the water is very hard and the sodium concentration is relatively high. Water softening is recommended and reverse osmosis will be needed to make the water palatable. Please call if you have any questions or need additional information. Sincerely, RESOURCE - GINEERING, INC. Michael Jon, Water Ra=ources Engineer MJE/mmm 872-2.0 RESOURCE N- 1 ') E E R I N G INC TABLE 1 GABOSSI SUBDIVISION PRELIMINARY PLAN - SHARED WELL WATER DIVERSIONS AND DEPLETION REQUIREMENTS (AH values in acre-feet) MONTH DIVERSIONS DEPLETIONS IN-HOUSE (1) WELL IRRIGATION (2) TOTAL (3) IN-HOUSE (4) WELL IRRIGATION (5) TOTAL (6) ,JANUARY 0.27 0.00 0.27 0.04 0.00 0.04 FEBRUARY 0.24 0.00 0.24 0.04 0.00 0.04 MARCH 0.27 0.00 0.27 0.04 0.00 0.04 APRIL 0.26 0.00 0.26 0.04 0.00 0.04 MAY 0.27 0.00 0.27 0.04 0.00 0.04 JUNE 0.26 0.00 0.26 0.04 0.00 0.04 JULY 0.27 0.00 0.27 0.04 0.00 0.04 AUGUST 0.27 0.00 0.27 0.04 0.00 0.04 SEPTEMBER 0.26 0.00 0.26 0.04 0.00 0.04 OCTOBER 0.27 0.00 0.27 0.04 0.00 0.04 NOVEMBER 0.26 0.00 0.26 0.04 0.00 0.04 DECEMBER 0.27 0.00 0.27 0.04 0.00 0.04 TOTAL 3.14 0.00 3.14 0.47 0.00 _ 0.47 NOTES: (1) 8 Equivalent Residential Units. 350 gal/EQR/day. 4 SF unit and 4 ADU (2) 0 total acres irrigated by potable water supply. 0 square feet each for Lots 1 through 4 (3) Column (1) + Column (2) (4) 15% in house C.U. for 1SDS (5) 80% of (2) is consumptively used. (6) Column (4) + Column (5) Dec 31, 2009 872-2.0 RESOURCE ENGINEERING, INC BOWLES WELL WRJ-5--7 TYPE OR PRINT IN BLACK INK. APPLICATION MUST BE COLORADO DIVISION OF WATER RESOURCES 101 Columbine Bldg„ 1845 Sherman Street, Denver, Colorado 80203 r.--cprnp-D39 COMPLETED BB:FORE ACCEPTANCE. ' 'PLICATION FOR: A PERMIT TO A PERMIT TO __REPLACEMENT A PERMIT TO OTHER APPLICANT USE GROUND WATER CONSTRUCT A WELL FOR NO, INSTALL A PUMP Street Address City & State lgh.it1d Telephone No. f Y 5 - 3/ NAME OF AQUIFER GROUND WATER IS FROM:(:),efioeI GROUND WATER TO BE USED FO,: /\ DOMESTIC (1) .i3(:;-,COMMERCIAL;(4) LIVESTOCK (2) --�--'. INDUSTRIAL (5) ----MUNICIPAL (8) IRRIGATION (6) OTHER WELL LOCATION (2 COUNTY ,Pi/e/ 44) e of the ,VE u of Section 11 ft, T.Si R. y�„ ��l 3 432:4 p.M. IN AD ITION TO THE ABOVE, THE WELL MUBE LOCATED WITH REFERENCE TO GOVERNMENT SURVEY TO BE OBTAINED CORNERS, MONUMENTS OR SECTION LINES BY DISTANCE AND BEARING (DOMESTIC WELLS MAY BE LOCATED BY LOT, BLOCK, & SUBDIVISION.) PROPOSED TOTAL DEPTH OF WELL ESTIMATED MAXIMUM PUMPING RATE AVERAGE ANNUAL AMOUNT OF GROUND APPROPRIATED SO Ft. / §. GPM WATER TO BE Acre-feet ANTICIPATED GROUT PROGRAM l�'PrJi7 s�rn� material Intervals Placement Method PROPOSED CASING: Plain in. from in. from Perf.� in. from in. from Driller ft. to ft. ft. to ft. ft. to ft. ft. to ft. No. Address / % `fekA/4 _ IF WELL IS USED FOR IRRIGATION, BACK SIDE OF THIS APPLICATION MUST BE COMPLETED. ;Z4,24-5- ft. Zl24'.s' ft. from section line (North or South) ft. from section lin' (East or Westj LOT BLOCK SUBDIVISION FILING # Ground Water Basin Water Mgtnnt . Dist. Anticipated drilling date 19 70 Owner of land on which well is located: r 40.9712 Other water rights on this land /Op,u e.. Signature of Applicant FOR OFFICE USE ONLY CO rITIONS OF APPROVAL APPLICATION APPROVED: VALID FOR ONE 1 YEAR AFTER DATE ISSUED UNLESS EXTENDED FOR GOOD CAUSE SHOWN TO THE ISSUING AGENCY. PERMIT NO. 52966 DATE ISSUED MAR 1 4 1972 STATE ENGI se BY ti FES -•27-2061 11:36 PITKIN IRON curer. IN Tilt DT TRrCT COURT TN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO IN TIM KA ' ER 0r Tug APPt.ICATION FOR WATF;R RIM'S OF .LARRY Bt+i'LES IN THE COLORADO AIVI•;R OR ITS TRIBUTARIES TRIBUTARY INVOLVED: IN. CARFIELD COUNTY cAsn No. W- 1358 F I Lj CD IN • WATER. Lhviuian rii,.:. 0E01;S 1972 77 QFC OT AOO , G4.�+ 0.1.1111 I u■ eef e••e}. RULING OF THE. REFEREE ABSOLUTE DECREE FOR ) UNDER GROUND WATER RIOUTS ) ) And the Referee having made the investigations required by Article 21 of Chapter 148, C.H.S. 1963, as amended does hereby make the following ruling, to wit: This application was referred to the Water Referee of Water Division No. 5 on the 12th day of ' u17 s 1972 - i. Name of Applicant —Tarry Bowles Address 819 Grand AUenue Glenwood Springs, Colorado 2. The name of the structure is Bowies Weil 3. The Legal description of the structure is : The well is Located in the NWIr of Section 35, T. 5 S., R. 90 W. of the 6th P.M. *if* at a point whence the Northwest Corner of said Section 35 bears N. 41047'13" W. 2010.11 feet. a 4f/. 782 2— J 5` 9 A. S? .✓0�3 y •x = 13 3 9 -3 6` 2, t✓Es r. March 14, 1972. I+. The depth of the well is 50 feet. 5. The date of initiation of appropriation is • 6. The amount of water claimed is 0,033 cubic foot per second of time. 7. The use of the water is domestic. 8. The State Engineer's number is 52966. 9. The Priority data is March 14, 1972,. 10. The date of the application was June 30, 1972.. It is the ruling of the Referee that the statements in the application are true and that the above described water right is approved and granted the indicated priority; subject, however, to all earlier priority rights of others. It is accordingly ordered that thio ruling shall become effective upon filing with the Water Clerk, subject to Judicial review an provided by law. Dona t the City of Glenwood Springs, Colorado this /3 day of , 1973%: ..: . Ne protoat 1103 filed in this mnttor. ttIo taresolhK rulln, to oonfirmad iii 50r°ved, .nod to , made the:• . "• a0"ms aidDtiore• ar Y110.-eourt. • Doted r 7Pfl '1�7 _•Wnter Judge yr Voter Referee Witter W.viainr No. 5 Stoto of Colorado TOTAL. P.es AEZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Report to: Ryan McBride Resource Engineering, Inc. 909 Colorado Ave. Glenwood Springs, CO 81601 Project ID: 872-2.0 ACZ Project ID: L77342 Ryan McBride: August 19, 2009 Bill to: Accounts Payable Resource Engineering, Inc. 909 Colorado Ave. Glenwood Springs, CO 81601 Enclosed are the analytical results for sample(s) submitted to ACZ Laboratories, Inc. (ACZ) on August 06, 2009. This project has been assigned to ACZ's project number, L77342. Please reference this number in all future inquiries. All analyses were performed according to ACZ's Quality Assurance Plan, version 12.0. The enclosed results relate only to the samples received under L77342. Each section of this report has been reviewed and approved by the appropriate Laboratory Supervisor, or a qualified substitute. Except as noted, the test results for the methods and parameters listed on ACZ's current NELAC certificate letter (#ACZ) meet all requirements of NELAC. This report shall be used or copied only in its entirety. ACZ is not responsible for the consequences arising from the use of a partial report. All samples and sub -samples associated with this project will be disposed of after September 19, 2009. If the samples are determined to be hazardous, additional charges apply for disposal (typically less than $10/sample). If you would like the samples to be held longer than ACZ's stated policy or to be returned, please contact your Project Manager or Customer Service Representative for further details and associated costs. ACZ retains analytical reports for five years. If you have any questions or other needs, please contact your Project Manager. Sue Webber has reviewed and approved this report. REPAD.01.06.05.02 Page 1 of 9 ACZLaboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Resource Engineering, Inc. Project ID: 872-2.0 Sample ID: GABOSSI WELL ACZ Sample ID: Date Sampled: Date Received: Sample Matrix: L77342-01 08105109 14:15 08106109 Ground Water Inorganic Prep Phosphorus, dissolved Phosphorus, total Total Recoverable Digestion Total Recoverable Digestion Metals Analysis Aluminum, total recoverable Barium, total recoverable Cadmium, total recoverable Calcium, dissolved M200.7 ICP Chromium, total M200.7 ICP recoverable Copper, total M200.8 ICP -MS recoverable Iron, total recoverable M200.7 ICP Lead, total recoverable M200.8 ICP -MS Magnesium, dissolved M200.7 ICP Manganese, total M200.7 ICP recoverable Mercury, total M245.1 CVAA Potassium, dissolved M200.7 ICP Selenium, total M200.8 ICP -MS recoverable Silver, total recoverable M200.8 ICP -MS Sodium, dissolved M200.7 ICP Zinc, total recoverable M200.7 ICP . zL M365.1 - Auto Ascorbic Acid Digestion M365.1 - Auto Ascorbic Acid Digestion M200.2 1CP M200.2 ICP -MS M200.7 ICP M200.7 ICP M200.7 ICP 0.169 60.2 u 0.483 u 0.0002 8 27.0 u u 1.7 B 0.0002 B U 3.8 0.01 B 8jz1T x.37'.! mg/L sic=r Y. aml 08/06/09 15:00 08/10109 14:04 skg 08/07/09 14:23 rct 08/12/09 11:32 bsu 0.03 0.2 08/10/09 23:12 ear mg/L 0.003 0.02 08/10/09 23:12 ear mg/L 0.005 0.02 08/11/09 12:21 aeh mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg1L mg/L mg/L 0.2 1 08/10/09 18:46 ear 0.01 0.05 08/10/09 23:12 ear 0.001 0.005 08/14/09 1:06 erf 0.02 0.05 08/10/09 23:12 0.0001 0.0005 08/12/09 21:38 0.2 1 08/10/09 18:46 0.005 0.03 08/10/09 23:12 0.0002 0.001 08/07/09 17:22 0.3 2 08/10/09 18:46 0.0001 0.0005 08/12/09 21:38 0.0001 0.0005 08/14/09 1:06 0.3 2 08/10/09 18:46 0.01 0.05 08/10/09 23:12 ear erf ear ear pmc ear erf erf ear ear REPIN.02.06.05.01 ' Please refer to Qualifier Reports for details. Page 2 of 9 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334.5493 Resource Engineering, Inc. Project ID: 872-2.0 Sample ID: GABOSSI WELL ACZ Sample ID: Date Sampled: Date Received: Sample Matrix: L77342-01 08105109 14:15 08/06/09 Ground Water Wel Chemistry Alkalinity as CaCO3 Bicarbonate as CaCO3 Carbonate as CaCO3 Hydroxide as CaCO3 Total Alkalinity Cation -Anion Balance Cation -Anion Balance Sum of Anions Sum of Cations Chloride Coliforms, fecal Color Conductivity ©25C Fluoride Hardness as CaCO3 Lab Filtration Lab Filtration & Acidification Lab Filtration & Acidification Nitrate as N, dissolved Nitrate/Nitrite as N, dissolved Nitrite as N, dissolved Nitrogen, ammonia pH (lab) pH pH measured at Phosphorus, dissolved Phosphorus, ortho dissolved Phosphorus, total Residue, Filterable (TDS) @180C Sulfate TDS (calculated) TDS (ratio - measured/calculated) Turbidity SM2320B - Titration Calculation SM4500CI-E SM9222D - Membrane Filter HACH Color Wheel SM2510B SM4500F-C SM2340B - Calculation SM 3030 B SM 3030 B SM 3030 e A' rtta8'f, #i. RCr Y may^` t 232 mg/L 2 20 3 B mg/L U mg/L 236 mg/L -0.9 5.5 5.4 meq/L meq/L U • mgiL 0 * #/100m! U * Co/Pt 494 umhos/cm 0.2 B * mg/L 261 mg/L Calculation: NO3NO2 minus NO2 0.12 M353.2 - Automated Cadmium Reduction M353.2 - Automated Cadmium Reduction M350.1 - Automated Phenate SM4500H+ B M365.1 - Auto Ascorbic Acid (digest) M365.1 - Automated Ascorbic Acid M365.1 - Auto Ascorbic Acid (digest) SM2540C SM4500 SO4-D Calculation Calculation M180.1 - Nepheiometric 0.12 U u 8.3 H 23.0 0.02 B 0.03 B 0.02 B 290 40 B 276 1.05 U mg/L mg/L * mg/L • mg/L units C mg/L mg/L mg/L mg/L mg/L mg/L NTU 08/11/09 0:00 2 20 08/11/09 0:00 2 20 08/11/09 0:00 2 20 08/11/09 0:00 0.1 0.1 1 1 5 1 0.1 1 0.5 0.5 5 5 5 10 0.5 7 08/19/09 0:00 08/19/09 0:00 08/19/09 0:00 08/18/09 11:13 08/06/09 11:21 08/06/09 13:47 08/11/09 21:05 08/10/09 13:19 08/19/09 0:00 08/06/09 11:30 08/06/09 13:01 08/07/09 13:20 0.02 0.1 08/19/09 0:00 0.02 0.1 08/06/09 17:54 0.01 0.05 08/06/09 17:54 0.05 0.5 08/10/09 18:13 0.1 0.1 08/11/09 0:00 0.1 0.1 08/11/09 0:00 0.01 0.05 08/06/09 21:31 0.01 0.05 08/06/09 19:56 0.01 0.05 08/11/09 12:47 10 20 08/07/09 15:36 10 50 08/11/09 10:47 10 50 08/19/09 0:00 08/19/09 0:00 0.1 0.5 08/07/0910:20 kah kah kah kah talc talc calc aml abm abm kah abm calc abm aml ear calc pjb pjb jws kah kah pjb pjb jws jlf abm calc calc abm REPIN.02.06.05.01 * Please refer to Qualifier Reports for details. Page 3 of 9 A Cil Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Batch A distinct set of samples analyzed at a specific time Found Limit Lower MDL PCNISCN PQL QC Rec RPD Upper Sample .ti AS ASD CCB CCV DUP ICB ICV ICSAB LCSS LCSSD LCSW Blanks Control Samples Duplicates Spikes/Fortified Matrix Standard Value of the QC Type of interest Upper limit for RPD, in %• Lower Recovery Limit, in % (except for LCSS, mg/Kg) Method Detection Limit. Same as Minimum Reporting Limit. Allows for instrument and annual fluctuations. A number assigned to reagents/standards to trace to the manufacturer's certificate of analysis Practical Quantitation Limit, typically 5 times the MDL. True Value of the Control Sample or the amount added to the Spike Amount of the true value or spike added recovered, in % (except for LCSS, mg/Kg) Relative Percent Difference, calculation used for Duplicate QC Types Upper Recovery Limit, in % (except for LCSS, mg/Kg) Value of the Sample of interest Analytical Spike (Post Digestion) Analytical Spike (Post Digestion) Duplicate Continuing Calibration Blank Continuing Calibration Verification standard Sample Duplicate Initial Calibration Blank Initial Calibration Verification standard Inter -element Correction Standard - A plus B solutions Laboratory Control Sample - Soil Laboratory Control Sample - Soil Duplicate Laboratory Control Sample - Water B H U (1) (2) (3) (5) (6) aJ� 3. LCSWD LFB LFM LFMD LRB MS MSD PBS PBW PQV SDL Laboratory Control Sample - Water Duplicate Laboratory Fortified Blank Laboratory Fortified Matrix Laboratory Fortified Matrix Duplicate Laboratory Reagent Blank Matrix Spike Matrix Spike Duplicate Prep Blank - Soil Prep Blank - Water Practical Quantitation Verification standard Serial Dilution -s 9^ < ,-� . k r'F i r ' 3`�.' #s'yR ..- i , „ x`h lel . d:1, .-' ?; ??•'� Verifies that there is no or minimal contamination in the prep method or calibration procedure. Verifies the accuracy of the method, including the prep procedure. Verifies the precision of the instrument and/or method. Determines sample matrix interferences, if any. Verifies the validity of the calibration. Analyte concentration detected at a value between MDL and PQL. The associated value is an estimated quantity. Analysis exceeded method hold time. pH is a field test with an immediate hold time. The material was analyzed for, but was not detected above the level of the associated value. The associated value is either the sample quantitation limit or the sample detection limit. ; tAlnkk :. EPA 600/4-83-020. Methods for Chemical Analysis of Water and Wastes, March 1983. EPA 600/R-93.100. Methods for the Determination of Inorganic Substances in Environmental Samples, August 1993. EPA 600/R-94-111. Methods for the Determination of Metals in Environmental Samples - Supplement I, May 1994. EPA SW -846. Test Methods for Evaluating Solid Waste, Third Edition with Update III, December 1996. Standard Methods for the Examination of Water and Wastewater, 19th edition, 1995 & 20th edition (1998). 1 1MINMA 'iV�ar" `� n'� `.�# iRA "`RN ee fin .- A - Hai.3 art T F ; rs� af?"N '� �, ' : r-.�i;:tk�,Sts..�.�,"`� SF:9��a.ui. + �.. �, 2Y`A�.-3, - °:3'�' �-�a� a�.�it �,..,,�.r�- ...��1a�:'��'`. (1) QC results calculated from raw data. Results may vary slightly if the rounded values are used in the calculations. (2) (3) Animal matrices for Inorganic analyses are reported on an "as received" basis. Soil, Sludge, and Plant matrices for Inorganic analyses are reported on a dry weight basis. For a complete list of ACZ's Extended Qualifiers, please click: httfr:: www.acz,ct m public cxtquailist.pdt REPIN03.02.07,01 Page 4 of 9 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Resource Engineering, Inc, ACZ Project ID: L77342 As 'gide& L77342-01 WG268597 Copper, total recoverable WG268783 Chloride WG268227 Color WG268338 Fluoride WG268250 Nitrite as N, dissolved WG268341 Nitrogen, ammonia WG268256 Phosphorus, dissolved WG268253 Phosphorus, ortho dissolved WG268416 Phosphorus, total WG268265 Turbidity M200.8 ICP -MS SM4500C I -E SM4500CI-E HACH Color Wheel SM4500F-C SM4500F-C M3532 - Automated Cadmium Reduction M350.1 - Automated Phenate M365.1 - Auto Ascorbic Acid (digest) M365.1 • Automated Ascorbic Acid M365. 1 - Auto Ascorbic Acid (digest) M180.1 - Nephelometric M3 M2 RA RA M2 RA RA RA RA RA RA RA The spike recovery value is unusable since the analyte concentration in the sample is disproportionate to the spike level. The recovery of the associated control sample (LCS or LFB) was acceptable. Matrix spike recovery was Icw, the recovery of the associated control sample (LCS or LFB) was acceptable. Relative Percent Difference (RPD) was not used for data validation because the sample concentration is too !ow for accurate evaluation (< 10x MDL). Relative Percent Difference (RPD) was not used for data validation because the sample concentration is too low for accurate evaluation (< 10x MDL). Matrix spike recovery was low, the recovery of the associated control sample (LCS or LFB) was acceptable. Relative Percent Difference (RPD) was not used for data validation because the sample concentration is too low for accurate evaluation (< 10x MDL), Relative Percent Difference (RPD) was not used for data validation because the sample concentration is too low for accurate evaluation (< 10x MDL). Relative Percent Difference (RPD) was not used for data validation because the sample concentration is too low for accurate evaluation (< 10x MDL), Relative Percent Difference (RPD) was not used for data validation because the sample concentration is too low for accurate evaluation (< 10x MDL). Relative Percent Difference (RPD) was not used for data validation because the sample concentration is too low for accurate evaluation (< 10x MDL). Relative Percent Difference (RPD) was not used for data validation because the sample concentration is too low for accurate evaluation (< 10x MDL). Relative Percent Difference (RPD) was not used for data validation because the sample concentration is too low for accurate evaluation (< 10x MDL). REPAD.15.06.05.01 Page 5 of 9 AI= Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Resource Engineering, inc. ACZ Project ID: L77342 Wet Chemistry F� sL 7 Coliforms, fecal SM9222D - Membrane Fitter Color HACH Color Wheel Lab Filtration SM 3030 B Lab Filtration & Acidification SM 3030 B REPAD.05.06.05.01 Page 6 of 9 A Ci Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 {800) 334-5493 Resource Engineering, Inc. 872-2.0 1) Does this project require special handling procedures such as CLP protocol? 2) Are the custody seals on the cooler intact? 3) Are the custody seals on the sample containers intact? 4) Is there a Chain of Custody or other directive shipping papers present? 5) Is the Chain of Custody complete? 6) Is the Chain of Custody in agreement with the samples received? 7) Is there enough sample for all requested analyses? 8) Are all samples within holding times for requested analyses? 9) Were all sample containers received intact? 10) Are the temperature blanks present? 11) Is the trip blank for Cyanide present? 12) Is the trip blank for VOA present? 13) Are samples requiring no headspace, headspace free? 14) Do the samples that require a Foreign Soils Permit have one? ACZ Project ID: L77342 Date Received: 8/6/2009 Received By: Date Printed: 8/6/2009 YES NO NA X X X X X X X The project was entered for the DW-Phase-II/V per the information present on the sample bag. The client was not contacted. Cooler Id 12298 Temp (`C) Rad (pR/hr) 5.4 12 k4P Client must contact ACZ Project Manager if analysis should not proceed for samples received outside of thermal preservation acceptance criteria. REPAD.03.11.00.01 Page 7 of 9 A ACZ Laboratories, Inc, 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Resource Engineering, Inc. 872-2.0 •' ACZ Project ID: Date Received: Received By: L77342 8/6/2009 SAMPLE CLIENT ID R<2 G<2 BK < 2 Y< 2 YG< 2 j B< 2 0<2IT>12 N/A RAD ID L77342-01 GABOSSI WELL Abbreviation Description R B BK G 0 P T Y YG NIA RAD Raw/Nitric Filtered/Sulfuric Filtered/Nitric Filtered/Nitric Raw/Sulfuric Raw/NaOH Raw/NaOH Zinc Acetate Raw/Sulfuric Raw/Sulfuric No preservative needed Gamma/Beta dose rate Y ti Container Type RED BLUE BLACK GREEN ORANGE PURPLE TAN YELLOW YELLOW GLASS Not applicable Not applicable pH check performed by analyst prior to sample preparation Sample IDs Reviewed By: Y Preservative/Limits pH must be < 2 pH must be < 2 pH must be < 2 pH must be < 2 pH must be < 2 pH must be > 12* pH must be > 12 pH must be < 2 pH must be < 2 must be < 250 NR/hr f[ieryka ; a. RE PAD.03.11.00.01 Page 8 of 9 Laboratories, Inc. \= Q 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Report to: ra eu in a Esz Eviii NE Address: w CHAIN of CUSTODY la Company: r e$mvrce �,-j eel Ply E-mail: I"ill dp 0: e rCSo,d/`ce "e-► /co Telephone: q'2 0 — q i5 —1. 7' Copy of Report to: Name: E-mail: Company: Telephone: Invoice to: Name: M,e`.A.i yvtp r ft 3 Address: q et 6,1046i n ✓'(r't Company: it.e a,rc e EP -15( n eer: f j E-mail: W1 r ini.-1@ rC$ c xce -Q.iy , eel III . Telephone: C.70 - q q5 - L') 7. 9 If sample(s) received past holding time (HT), or If insufficient HT remains analysis before expiration, shall ACZ proceed with requested short If "NO` then ACZ will contact client for further instruction. If neither Is Indicated, ACZ will proceed with the requested analyses, even If to complete YES I HT analyses? NO J "YES" nor "NO` HT is expired, and data will be qualified. Are samples for CO DW Compliance Monitoring? If yes, please include state forms. Results will be reported to PQL. YES NO PROJECT INFORMATION ANALYSES REQUESTED (a Each list or use quote number) Quote #: v1/410.g, 5 , C c ci o Project/PO #: Tris `—)_(7 Reporting state for compliance testing: , Sampler's Name: (y km MC41^, a e Are any samples NRC Licensable material? Yes No SAMPLE IDENTIFICATION & al) o0-5: L4l e t t DATE:TIME J l os /e r ,D:15 Matrix ALI k1 Matrix SW (Surface Water) • GW (Ground Water) • WW (Waste Water) • OW (thinking Water) • SL (Sludge) • 5O (Soil) • OL (Oil) Other (Specify) •EMARKS Please refer to ACZ's terms & conditions located on the reverse side of this COC. RELINQUISHED BY: DATE:TIME RECEIVED BY: DATE:TIME 4„•l MC 1 8i0r1o1 `1.S /✓ ( ° G7 Dy/ FRMA D050.01.15.09 White - Return with sample. Yellow- Retain for your records. Page 9 of 9 BOWLES WELL NO. 2 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 EXST WELL PERMIT NUMBER 68856 - F DIV, 5 WD 39 DES. BASIN MD Lot: ROCKY GABOSSI 44523 HIGHWAY 6 GLENWOOD SPRINGS, CO 81601- 1 Block: Filing: Subdiv: GABOSSI EXEMPTION (970) 945-9673 CHANGE/EXPANSION OF USE OF AN EXISTING WELL APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 NW 114 Section 35 Township 5 5 Range 90 W Sixth P.M. DISTANCES FROM SECTION LINES 1250 Ft. from North Section Line 960 Ft. from West 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 assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) 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 Bowles, Dorothy L Estate Augmentation Plan approved by the Division 5 Water Court in case no. 97CW162. 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. 1) Approved as a well on a tract of land of 20.22 acres described as that portion of the NW 1/4, Sec. 35, Twp, 5 South, Rng. 90 West, 6th P.M., (aka lot 1, Gabossi Exemption), Garfield County, more particularly described on the attached exhibit A. This well is identified as the Bowles Well no. 2. 5) Approved for the installation of a pump in, and the use of, an existing well, constructed on August 1, 2002, to a depth of 220 feet, under permit no. 56101-F (canceled). Issuance of this permit hereby cancels permit no. 56101-F. 6) The use of ground water from this well is limited to ordinary household purposes inside seven (7) single family dwellings. The ground water shall not be used for irrigation or other purposes. 7) The maximum pumping rate of this well shall not exceed 25 GPM. 8) The annual amount of ground water to be appropriated by this well (Bowles Well no. 2) shall not exceed 2.8 acre-feet. Additionally the combined annual amount of ground water to be appropriated by the Bowles Well nos. 1 through 6 shall not exceed 12.0 acre-feet. 9) 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. 10) Totalizing flow meters must be installed on this well (Bowles Well no. 2) and the Bowles Well nos. 1, 3, 4, 5 & 6 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) 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. 12) 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, excluding permit no. 52966 (aka Bowles Well, Division 5 Water Court, case no. W-1358), completed in the same aquifer, that is not owned by the applicant. NOTE: Parcel Identification Number (PIN): 23-2123-352-00-185 /-2� 2 NOTE: Assessor Tax Schedule Number: R040428 (totaling 20.22 acres) ,..<2 I. APPROVED DMW State Engin By Receipt No. 9503336 DATE ISSUED 12-22-2009 EXPIRATION DATE ADZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Report to: Ryan McBride Resource Engineering, Inc. 909 Colorado Ave. Glenwood Springs, CO 81601 Project ID: 872-2,0 ACZ Project ID: L80470 Ryan McBride: 6itu lte5 10s1/ AJs' February 10, 2010 Bill to: Accounts Payable Resource Engineering, Inc. 909 Colorado Ave. Glenwood Springs, CO 81601 Enclosed are the analytical results for sample(s) submitted to ACZ Laboratories, Inc. (ACZ) on January 28, 2010. This project has been assigned to ACZ's project number, L80470. Please reference this number in all future inquiries. All analyses were performed according to ACZ's Quality Assurance Plan. The enclosed results relate only to the samples received under L80470. Each section of this report has been reviewed and approved by the appropriate Laboratory Supervisor, or a qualified substitute. Except as noted, the test results for the methods and parameters listed on ACZ's current NELAC certificate letter (#ACZ) meet all requirements of NELAC. This report shall be used or copied only in its entirety. ACZ is not responsible for the consequences arising from the use of a partial report. All samples and sub -samples associated with this project will be disposed of after March 10, 2010. If the samples are determined to be hazardous, additional charges apply for disposal (typically less than $10/sample). If you would like the samples to be held longer than ACZ's stated policy or to be returned, please contact your Project Manager or Customer Service Representative for further details and associated costs. ACZ retains analytical reports for five years. If you have any questions or other needs, please contact your Project Manager. Sue Webber has reviewed and approved this report O►" ACCOA, tic ,.. 4. 0% Arl 44 4 REPAD.01.06.05.02 Page 1 of 10 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Resource Engineering, Inc. Project ID: 872-2.0 ACZ Project ID: L80470 pie ft February 10, 2010 ACZ Laboratories, Inc. (ACZ) received 1 ground water sample from Resource Engineering, Inc. on January 28, 2010. The sample was received in good condition. Upon receipt, the sample custodian removed the sample from the cooler, inspected the contents, and logged the sample into ACZ's computerized Laboratory Information Management System (LIMS). The sample was assigned ACZ LIMS project number L80470. The custodian verified the sample information entered into the computer against the chain of custody (COC) forms and sample bottle labels. All analyses were performed within EPA recommended holding times. la Ana • This sample was analyzed for inorganic parameters. The individual methods are referenced on both, the ACZ invoice and the analytical reports. The following anomaly required further explanation not provided by the Extended Qualifier Report: 1. For the fecal coliform value flagged with an "N1", the sample plate was placed in the water bath facing up instead of down, as prescribed in the method. The data may be compromised. REPAD.03.06.05.01 Page 2 of 10 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Resource Engineering, Inc. Project ID: 872-2.0 Sample ID: GABOSSI WELL I,w les its»ll Flo Z. ACZ Sample ID: Date Sampled: Date Received: Sample Matrix: L80470-01 01127110 15:30 01128110 Ground Water Inorganic Prep 8th Phosphorus, dissolved Phosphorus, total Total Recoverable Digestion Total Recoverable Digestion Metals Analysis Mete Aluminum, total recoverable Barium, total recoverable Cadmium, total recoverable Calcium, dissolved Chromium, total recoverable Copper, Total recoverable Iron, total recoverable Lead, total recoverable Magnesium, dissolved Manganese, total recoverable Mercury, total Potassium, dissolved Selenium, total recoverable Silver, total recoverable Sodium, dissolved Zinc, total recoverable M365.1 - Auto Ascorbic Acid Digestion M365.1 - Auto Ascorbic Acid Digestion M200.2 ICP -MS M200.2 ICP ERAMotto M200.7 ICP M200.7 ICP M200.7 ICP M200.7 ICP M200.7 ICP M200.8 ICP -MS M200.7 ICP M200.8 ICP -MS M200.7 ICP M200.7 ICP M245.1 CVAA M200.7 ICP M200.8 ICP -MS M200.8ICP-MS M200.7 ICP M200.7 ICP 0.020 8 56.9 U U U 0.12 0.0004 8 15.0 0.024 8 6.0 58.9 U U nI rng/L 02/05/10 14:22 02/01/10 14:30 skg 02/03/10 12:07 02/02/10 18:36 ear skg iic 0.03 0.2 0210411013:58 mg/L 0.003 0.02 02/03/10 17:51 mg/L 0.005 0.02 02/03/10 17:51 binalytt aeh ear ear mg/L 0.2 1 02/01/10 18:35 aeh mg/L 0.01 0.05 02/03/10 17:51 ear mg/L 0.0005 0.003 02/03/10 23:36 msh mg/L mg/L mg/L mg1L mg/L mg/L mglL U mg/L * mg/L U mg/L 0.02 0.0001 0.2 0005 0.05 02/03/10 17:51 0.0005 02/03/10 23:36 1 02/01/10 18:35 0.03 02/03/10 17:51 0.0002 0.001 02/09/10 20:46 0.3 2 02/01/10 18:35 0.0001 0.0005 02/03/10 23:36 0.00005 0.0003 02/03/10 23:36 0.3 2 02/01/10 18:35 0.01 0.05 02/03/10 17:51 ear msh aeh ear pmc aeh msh msh aeh ear REPIN.02.06.05.01 * Please refer to Qualifier Reports for details. Page 3 of 10 A iZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 {800) 334-5493 Resource Engineering, Inc. Project ID: 872-2.0 Sample ID: GABOSSI WELL ACZ Sample ID: Date Sampled: Date Received: Sample Matrix: 1.80470-01 01127110 15:30 01/28110 Ground Water Wet Chemistry Alkalinity as CaCO3 Bicarbonate as CaCO3 Carbonate as CaCO3 Hydroxide as CaCO3 Total Alkalinity Cation -Anion Balance Cation -Anion Balance Sum of Anions Sum of Cations Chloride Coliforms, fecal Color Conductivity @25C Fluoride Hardness as CaCO3 Lab Filtration Lab Filtration & Acidification Lab Filtration & Acidification Nitrate as N, dissolved Nitrate/Nitrite as N, dissolved Nitrite as N, dissolved Nitrogen, ammonia pH (lab) pH pH measured at Phosphorus, dissolved Phosphorus, ortho dissolved Phosphorus, total Residue, Filterable (TDS) @180C Sulfate TDS (calculated) TDS (ratio - measured/calculated) Turbidity SM2320B - Titration Calculation SM4500CI-E SM9222D - Membrane Filter HACH Color Wheel SM2510B SM4500F-C SM2340B - Calculation SM 3030 B SM 3030 B SM 3030 B Calculation: NO3NO2 minus NO2 M353.2 - Automated Cadmium Reduction M353.2 - Automated Cadmium Reduction M350.1 - Automated Phenate SM4500H+ B M365.1 - Auto Ascorbic Acid (digest) M365.1 - Automated Ascorbic Acid M365.1 - Auto Ascorbic Acid (digest) SM2540C SM4500 SO4-D Calculation Calculation M180.1 - Nephelometric ROO 218 mg/L 2 8 mg/L U mg/L 221 mg/L 1.5 °/a 6.6 meq/L 6.8 meq/L_ 3 B mg/L 0 * #1100m1 U * Co/Pt 609 umhos/cm 0.4 B mg/L 204 mg/L 0.07 8.3 23.0 0.02 380 100 373 1.02 0.8 mg/L mg/L * mg/L . dot ,..Angst 2 20 02/01/10 0:00 2 20 02/01/10 0:00 2 20 02/01/10 0:00 2 20 02/01/10 0:00 0.1 0.1 1 1 5 1 0.1 1 0.5 0.5 5 5 5 10 0.5 7 02/10/10 0:00 02/10/10 0:00 02/10/10 0:00 02/08/10 15:52 01/28/10 11:34 01/28/10 11:50 02/01/10 18:41 02/01/10 19:17 02/10/10 0:00 01/28/10 12:50 01128/10 14:20 ijc jjc jjc Ijc calc calc calc ami jic ljc jjc 11c calc jjc skg 01/28/10 13:17 aeh 0.02 0.1 02/10110 0:00 calc 0.02 0.1 01/28110 19:42 pjb 0.01 0.05 01/28/10 19:42 pjb mg1L 0.05 0.5 02/03/10 19:41 019 units C mg/L 0.1 0.1 02/01110 0:00 0.1 0.1 02101/100:00 0.01 0.05 02/05110 22:32 jjc jjc pjb mg/L 0.01 0.05 01/28/10 21:29 pjb mg/L 0.01 0.05 0210311011:22 ccp m91L 10 20 01/29/10 14:58 jjc mg/L mg/L 10 50 02/0411010:35 10 50 02110/10 0:00 02110/10 0:00 abm calc calc NTU 0.1 0.5 01/28/10 12:09 jjc REPIN.02.06.05.01 * Please refer to Qualifier Reports for details. Page 4 of 10 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Batch Found Limit Lower MDL PCN/SCN P01 QC Rec RPD Upper Sample AS ASD CCB CCV OUP ICS ICV ICSAB LCSS LCSSD LCSW Fes.. rik= [iW yam ' a~ 1. A distinct set of samples analyzed at a specific time Value of the QC Type of interest Upper limit for RPD, in %. Lower Recovery Limit, in % (except for LCSS, mg/Kg) Method Detection Limit. Same as Minimum Reporting Limit. Allows for instrument and annual fluctuations. A number assigned to reagents/standards to trace to the manufacturer's certificate of analysis Practical Quantitation Limit, typically 5 times the MDL. True Value of the Control Sample or the amount added to the Spike Amount of the true value or spike added recovered, in % (except for LCSS, mg/Kg) Relative Percent Difference, calculation used for Duplicate QC Types Upper Recovery Limit, in % (except for LCSS, mg/Kg) Value of the Sample of interest Analytical Spike (Post Digestion) Analytical Spike (Post Digestion) Duplicate Continuing Calibration Blank Continuing Calibration Verification standard Sample Duplicate Initial Calibration Blank Initial Calibration Verification standard Inter -element Correction Standard - A plus B solutions Laboratory Control Sample - Soil Laboratory Control Sample - Soil Duplicate Laboratory Control Sample - Water Blanks Control Samples Duplicates Spikes/Fortified Matrix Standard 8 H U (1) (2) (3) (5) (6) LCSWD LFB LFM LFMD LRB MS MSD PBS PBW PQV SOL y h� urxg ,�A:rkye5 f�.�''# s e FS Laboratory Control Sample - Water Duplicate Laboratory Fortified Blank Laboratory Fortified Matrix Laboratory Fortified Matrix Duplicate Laboratory Reagent Blank Matrix Spike Matrix Spike Duplicate Prep Blank - Soil Prep Blank - Water Practical Quantitation Verification standard Serial Dilution Verifies that there is no or minimal contamination in the prep method or calibration procedure. Verifies the accuracy of the method, including the prep procedure. Verifies the precision of the instrument andlor method. Determines sample matrix interferences, if any. Verifies the validity of the calibration. Anatyte concentration detected at a value between MDL and PQL. The associated value is an estimated quantity. Analysis exceeded method hold time. pH is a field test with an immediate hold time. The material was analyzed for, but was not detected above the level of the associated value. The associated value is either the sample quantitation limit or the sample detection limit. r�'?;t �<. r• i x.�s���t� F��iJ�°�`��t.`.*i,: �, 3� a�1�� �`i ..�.�iu``,�vsi ti r3. ��r=�... � n �3�§�� y . 4`r� ? �. .> � E EPA 600/4-83-020. Methods for Chemical Analysis of Water and Wastes, March 1983. EPA 6001R-93-100. Methods for the Determination of Inorganic Substances in Environmental Samples, August 1993. EPA 600/R-94-111. Methods for the Determination of Metals in Environmental Samples - Supplement I, May 1994. EPA SW -846, Test Methods for Evaluating Solid Waste, Third Edition with Update III, December 1996, Standard Methods for the Examination of Water and Wastewater, 19th edition, 1995 & 20th edition (1998). s1fE:i¢ r)h. ,r.A. l.e gar. QC results calculated from raw data. Results may vary slightly if the rounded values are used in the calculations. Soil, Sludge, and Plant matrices for inorganic analyses are reported on a dry weight basis. Animal matrices for Inorganic analyses are reported on an "as received" basis. An asterisk in the "XQ" column indicates there is an extended qualifier and/or certification qualifier associated with the result. For a complete list of ACZ's Extended Qualifiers, please click: ,iC'.cun.•lwblic061 REPIN09.12.29.01r Page 5 of 10 ACZLaboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Resource Engineering, Inc. ACZ Project ID: 1.80470 L.80470.01 WG277484 Sodium, dissolved WG277726 Chloride WG277378 Coliforms. fecal W0277384 Color WG277486 Fluoride W0277410 Nitrite as N, dissolved WG277597 Nitrogen, ammonia WG277702 Phosphorus, dissolved W0277414 Phosphorus, ortho dissolved W0277563 Phosphorus, total WG277389 Turbidity M200.7 ICP M3 The spike recovery value is unusable since the analyte concentration in the sample is disproportionate to the spike level. The recovery of the associated control sample (LCS or LFB) was acceptable. M2 Matrix spike recovery was low, the recovery of the associated control sample (LCS or LFB) was acceptable. See Case Narrative. Relative Percent Difference (RPD) was not used for data validation because the sample concentration is Soo low for accurate evaluation (< 10x MDL). SM4500E-C RA Relative Percent Difference (RPD) was not used for data validation because the sample concentration is too low for accurate evaluation (< 10x MDL). RA Relative Percent Difference (RPD) was not used for data validation because the sample concentration is too low for accurate evaluation (< 10x MDL). RA Relative Percent Difference (RPD) was not used for data validation because the sample concentration is too low for accurate evaluation (< 10x MDL). RA Relative Percent Difference (RPD) was not used for data validation because the sample concentration is too fow for accurate evaluation (< 10x MOL). M1 Matrix spike recovery was high, the recovery of the associated control sample (LCS or LFB) was acceptable. RA Relative Percent Difference (RPD) was not used for data validation because the sample concentration is too low for accurate evaluation (< 10x MDL). RA Relative Percent Difference (RPD) was not used for data validation because the sample concentration is too low for accurate evaluation (< 10x MDL). RA Relative Percent Difference (RPD) was not used for data validation because the sample concentration is too low for accurate evaluation (< 10x MRL), SM4500CI-E SM9222D - Membrane Filter HACH Color Wheel N1 RA M353.2 - Automated Cadmium Reduction M350.1 - Automated Phenate M365.1 - Auto Ascorbic Acid (digest) M365.1 - Automated Ascorbic Acid M365.1 - Automated Ascorbic Acid M365.1 - Auto Ascorbic Acid (digest) M180.1 - Nephelometric REPAO.15.06.05.01 Page 6 of 10 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Resource Engineering, Inc. ACZ Project ID: L80470 Wet Chemistry Coliforms, fecal SM9222D - Membrane Filter Color HACH Color Wheel Lab Filtration SM 3030 B Lab Filtration & Acidification SM 3030 8 REPAD.05.06.05.01 Page 7 of 10 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Resource Engineering, Inc. 872-2.0 Et9Y,� SA • 1) Does this project require special handling procedures such as CLP protocol? 2) Are the custody seals on the cooler intact? 3) Are the custody seals on the sample containers intact? 4) Is there a Chain of Custody or other directive shipping papers present? 5) Is the Chain of Custody complete? 6) Is the Chain of Custody in agreement with the samples received? 7) Is there enough sample for all requested analyses? 8) Are all samples within holding times for requested analyses? 9) Were all sample containers received intact? 10) Are the temperature blanks present? 11) Are the trip blanks (VOA and/or Cyanide) present? 12) Are samples requiring no headspace, headspace free? 13) Do the samples that require a Foreign Soils Permit have one? N/A N/A • Cooler Id x1776 Temp (°C) :Rad (pR/hr) 1.8 13 ACZ Project ID: Date Received: Received By: Date Printed: ESC � Rl YES L80470 01/28/10 0:00 gac 1/28/2010 NA NO X X X X X i X X Client must contact ACZ Project Manager if analysis should not proceed for samples received outside of thermal preservation acceptance criteria. sr it€ }xr x T`s s r ry 144 REPAD.03. 1 1.00.01 Page 8 of 10 ACM Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Resource Engineering, Inc. 872-2.0 ACZ Project ID: Date Received: Received By: L8047O 01/28/10 0:00 gac :SAMPLE 'CLIENT ID R<2 G<2 Y Container Type RED BLUE BLACK GREEN ORANGE PURPLE TAN YELLOW YELLOW GLASS Not applicable Not applicable jL80470-01 IGABOSSI WELL Abbreviation Description R B BK G 0 P T YG NIA RAD Raw/Nitric Filtered/Sulfuric FilteredlNitric Filtered/Nitric Raw/Sulfuric RawfNaOH Raw/NaOH Zinc Acetate Raw/Sulfuric Raw/Sulfuric No preservative needed Gamma/Bela dose rate * pH check performed by analyst prior to sample preparation Sample IDs Reviewed By: gac � i�4Yr�{r� Preservative/Limits pH must be < 2 pH must be < 2 pH must be < 2 pH must be < 2 pH must be < 2 pH muss be > 12 pH must be > 12 pH must be < 2 pH must be < 2 must be < 250 pRlhr SFS R EPAD.03.11.00.01 Page 9 of 10 ADZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Report to: Y G ,✓L C P i+• Name: s "ALo Le0C(26 CHAIN of CUSTODY Address: 0 q Ccs L� lc� �� Company: t ✓. e --,15t.-, eip / r'., E-mail: PM/i e(� Pe.Sa-lite--er�c, . GL✓h, r r� Telephone: y70 4 Lic �h •% %I Copy of Report to: Name: E-mail: Company: Telephone: Invoice to: Name: (Y1 U 4 �/ 0 it/'r S Address: Ci 0 « CO O.'ct ,4'„(--) Company: Re 01..rce 9'19 In etP/, E-mail:ftyiiLi,/,elt'Gd iiSvs•rce- el, .cci->. Telephone: (7-10. Qfeir-672 If sample(s) received past holding time (HT). or if Insufficient HT remains to complete YES analysis before expiration, shall ACZ proceed with requested short HT analyses? NO If "NO" then ACZ will contact client for further instruction. If neither "YES" nor "NO" is indicated, ACZ will proceed with the requested analyses, even if HT Is expired, and data will be qualified. Are samples for CO DW Compliance Monitoring? YES If yes, please include state forms. Results will be reported to PQL. NO PROJECT INFORMATION ANALYSES REQUESTED (attach list or use quote number) Quote #: c ° ft Project/PO #: ? 'Li -- . 0 Reporting state for compliance testing: Sampler's Name: R y xi Y (/3 P, e Are any samples NRC licensable material? Yes No IDENTIFICATION DATE:TIME Matrix /SA1MPLE 12 {.1PcaZ i W P U V)- 0 3 '•. 3 vC.) w f - r H r � Matrix SW (Surface Water) • GW (Ground Water) - WW (Waste Water) • DW (prinking Wale ) • SL (Sludge) • SO (Soil) - OL (Oil Other (Specify REMARKS Please refer to ACZ's terms 8, conditions located on the reverse side of this COC, RELINQ(l1SI-IED BY: DATE:TIME RECEIVED BY: DATE:TIME tovh�� ������ ' =.. ..08.10 l0•a7 FRMAD050.01.15.09 White - Return with sample. Yellow - Retain for your records. Page 10 of 10 CASE NO. 97CW182 FROH FAX NO. : 9708760150 n.r ^1 SS Cc.: 34p t'eL. 22 2001 01:28PM P1 945-2469 p.2 DISTRICT COURT, WATER DIVISION NO. 5,r CGLORADO , , . Case No. 97CW162 RULING OF REFEREE IN THE MATTER OF THE APPLICATION FOR SURFACE WATER RIGHT, WATER RIGHT AND PLAN FOR AUGMENTATION OF: ESTATE OF DOROTHY L. BOWLES IN GARFIELD COUNTY, COLORADO S ..RAGE The above entitled Application was filed in July of amended and was referred to the undersigned as Water 1,Refere Water Division No. 5, state of Colorado, by the Water J dge Court in accordance with Article 92 of chapter 37, Colo ado R statutes 1973, known as the Water. Right Determinotiorr Administration Act of 1969. The undersigned referee having shade such investigation necessary to determine whether or not the statements. in?the application are true and having become fully advised With to the subject matter of the Amended. Application does iber'ebi the following determination in this matter, to wit: 1. The statements in the Amended Application are true. 2. Name, address and telephone number of Applicant: Dorothy L. Bowles Estate c/o Terry Duprey, Administrator 44523 Highway 6 Glenwood Springs, CO 81601 c/o Billie Burchfield Attorney for Applicant 802 Grand Avenue, Suite 305 Glenwood Springs, CO 81601 (970) 945-8815 997, for said ised • and are ded pect make • 3. Timely statements of opposition were filed on behalf; of . eg Mc Ketrnis and the Williams Canal Company. the Ruling herein adrIOSses the concerns of the Opponents. The time for filing statemetrl't}s of Opposition has expired. 4. The Applicant requests that the following claims b4 awe led: 1 FROM : Apr Z1 sS :::5341* FAX NO. : 9708760150 Teb. 22 2001 01:29PM P2 S45 -c469 p.3 Page 2 Cass Na. 07CW162 DjVjsion 5 Water Court CLAIM NO. 1 SURFACE WATER RIGHT 5. Name of Structure: Bowleg Diversion S. Legal description of point of diversion: The point of, 1 diversion from a natural gulch known as Bowies Gulch: is lad at a point in Said natural gulch from whence the West Qu Corner of section 35, Township 5 South, Range 90 West oft 6th P.M. bears South 40'29` west 1350.28 feet. f 7. Source: The source of the water is from the seepage, ruh and drainage in Bowles Gulch, tributary to the Colorado: R•. S. A. Date of initiation of appropriation: July 8, 4997;. 4a B. How appropriation was initiated; By consultation professional engineer and an intent to appropriate-.,' C. Date water applied to beneficial use: 9. Amount claimed: 0.5 c.f.s., conditional 10. Proposed use: Domestic, livestock watering, fire protection and storage in Bowies Pond, 11. Name and address of owner of land on which and place of use are located: Applicant NIA ated x tear the -off ver. 4 w�tldli fe wat.ing, First Ez larg. lent . point o. div' Bion CLAIM NO. 2 STORAGE WATER RIQRT 12. Name of Structure: Bowles Pond, First Enlargement l/ 13. Legal description of place of storage: The center of Bowles Pond. is in Section 35, Township 5 4 Range 90 west of the 6th P.M., at a point loo0 feet from West section kine and 1750 feet from the Horth section I said Section 35. 14. Source: The source of the water to fill Bowles Pod Bowles Diversion Which collects the spring, run-off and se, water in Rowles Gulch, tributary to the Colorado River. 1 uth, the e of is page FRAM : Anr g i 9S 0.1.34p FAX NO. ; 9708760150 eb. 22 2001 01: 29PM1 P3 945-c469 p•4 Page 3 Case No. 97CW1152 Division 5 Water Court 15. Date of initiation of appropriation: July 8, 1997: 1 I How' appropriation was initiated: By consultation with; professional engineer and an intent to appropriate Date water applied to beneficial use: N/A 1 16. Amount claimed: 2.5 AF, conditional, with the right to and refill in priority. ! 17. Uses claimed:: Fich cultue, livestock and wildlife watering, fire protection' and augmentation. 18. Surface area of high water line: 0.40 Acres Maximum height of dam: 11 feet Length of dans: . 105 teat 1 19. Total capacity: 2.5 AP Active storage: 2.5 AF Dead storage: -0- 20. Name and address of owner of land on which structure is:! located: Applicant CLAIM NO. 3 PLAN Foo AUGMENTATION 21. STRUCTURES TO BE ADOMENTED: Bowls Well Nos. 1-6; Said wells will be located on 1 Applicant's 60 acres of land generally located in:thea W� of Section 35, Township 5 South, Range 90 West of the bit. P.H. and more particularly described in. Book 208 at Page 170 in the Garfield County Clerk and Recorder's Office. ill is 22. USES TO BE AUGMENTED: Domestic in-house use in 30 single family dwellings 23. SOURCE OF AUGMENTATION WATER: Storage water in Bowles Pond, First Enlargement as app1ie}d for herein. FROM : r�ior 2,? 3:3 GB: 35p, FAX NO. : 9708760150 Ceb. 22 2001 01:30PM P4 .145- _ 469 P.5 Page 4 Case No. 97CW162 Division S Water Court { 24. PLAM FOR AUGMENTAT ION : • 7 Applicant's engineer has determined that domestic in-hau use in thirty (30) single faMily units will result in an 4' + ual depletion to the Colorado River of 1.20 acre feet!ur 0. ;0 AF per month. Depletions are based on an occupancy or: persona per unit using of 100 gallons of water per:per.'sq per day utilizing septic tanks and leach fields which resells in - Consumptive use of 10%. Applicant's engineer has also determined that the:n'et:.I evaporation losses from the surface of said pond is, ex acted - to be 37.23 inches per year AS fOlIOWs: �l,. Month Net Evaporation Domestic Losses Total Losses in AF in AF in,AF Jsnuary 0.024 0.1 0.124 February 0.032 0.1 0.132 March 0.064 0.1 0./64 April 0.112 0.1 0.212 May 0.160 0.1 0.260 June 0.200 0.1 0.30V July 0.208 0,1 0.308 August 0.176 0.1 0.276 September 0.128 0.1 0.228 October 0.080 0.1 0.180 November 0.040 0.1 0.140 December 0.024 0.1 0.1_24 Total 1.248 1.20 2.44.8 • At such times as there is a valid "call" on Canyon. C the Colorado River by holders of senior vested' water r releases of water will be made from Bowles Pond, First Inlay into Canyon Creek to compensate for the depletions caused; domestic use described above and the evaporation losses from Pond, First Enlargement. REFEREE FINDINGS • The Referee, having examined the information submitted 4 Applicant, and having completed the investigations neces$a make a determination in this matter, does therefore conclud0 the claims in the above entitled Application should be,'aad are, granted as Mown above, SUBJECT- HOWEVER, To ALL E PRIORITY RIGHTS OF OTHERS and to the integration and taDulati the Division Engineer of such priorities in accordance wit i k es or its. ent the :vies the y to that ;reby IRR n by 8w. Eger: 99 05:35p • 945-2469 p.6 Page 5 Case No. 9704162 Division 5 Water Court ; Application for a Finding of Reasonable Diligence . shag i he filed in the sane month as the Decree herein is entered eve' : six years after the entry of the uecree herein so long a. Appi' cant desires to maintain the conditional water rights herein award,• or until a determination has been made that such conditionals ghts are made absolute by reason of the ccmpletioi1 011 ; the appropriations, or are otherwise disposed of. .1; The Plan for Augmentation requested will not £nj4irus1y affect the owners of or person entitled to use water under e v sted water right or a decreed conditional water right, and this p.= F for augmentation is approved in accordance with C.R.S. 37-9,23o5.3). Pursuant to C . R . S . 37-92-305(a), The State Engineer an , :the tivision Engineer may lawfully, be required under the toms 9f this Ruling to curtail out -of -priority diversions from Applicent'S° ells and pond at any time when the consumptive use associated With Applicant's diversion exceed the net amount of replaceMenti &ter available under this plan for augmentaation- Prior° to operation of these wells for the proposed :uses.;• permits issued pursuant to C.S.R_37-90-137(2) and thiP pia` augientation must be obtained. Applicant shall develop a monthly accounting form setisff� tory to the Division &mincer and shall keep a monthly account] of divorsions'and depletions as required by the Division sngiae=r. The Applicant shall install such measuring devices m=* be required by the Division Engineer to fecilitate the operai4 n of this plan for augmentation and assure compliance' hate ith. Applicant shall designate a homeowner -representative responible for moiling an annual report with the Division Engineer by NOVt•Mber 15th of each year summarizing diversions and replace�nenta #made under this plan. i well for jc Nothing herein shall require the Williams Canal bompai bypass water into Bowles Gulch for the purpose of providing-: for the Bowles Diversion, Bowles Pond, First Eni.rgement ands/ Plan for Augmentation described above. some of the water in!B Gulch maybe waste water spilled or derived from the Williiamsit' By appropriating of seepage, run-off and drainage in DowFes•- as claimed in the Amended Application tiled herein, applicant! not obtain the right to compel the continuation of wtkete� discharges into the Bowles Gulch by williams canal company., wester discharges by the williams Canal Company maybe diiscont or altered in time, amount, or location at any time for eny tip Nothing herein shall prevent Applicant from calling for deiiVe any ownership interest held by Applicant as shares in the wtl Canal Company. Sd WdT2:TO TOO. EE 'qa4 to ater ' the W1 es na l . ulch does ater este nued son. 9. of lams OST094802.6 : 'ON XUd : WOdA Apr 21 SS £5:35p 945--2469 p.7 Page 6 Case No. 97CW162 pj.vision S Water Court •It is accordingly ORDERED that this Ruling shell be. fi- witch the Water Clerk subject to Jtadicial review. It is further ORDERED that a copy of this Ruling sham+ filed with the appropriate Division Engineer and the States :: Engineer. s Dated Naweab r 9 1998 Coif►y of 04 iara9oinq mailed to til Counsel of record - Water, coir/**--•- Oho.piaw t al 3tete Engineer D ugW�ww.:.rr,...N 1 • BY FEREE: Wel er a areo Water Division Mc. 1 State of Colorado i No protest was filed in this matter, and aCcordincfly th foregoing Ruling is confirmed and `approved, and is:madd th Judgment and Decree of this Court; provided however, that 0 Approval of • this Plan for Augmentation shall be subject to! reconsideration by the Water Judge on the question .ot i'.n jury to the vested rights of others during any hearing commencing i f the two calendar years succeeding the year in which this decis10 is rendered. THE MONTH FOR FILING AN APPLICATION FOR, A FIfNDING OF REASONABLE DILIGENCE SHALL NE 1:.4:,,l :4' f4 ' Dated Copy of the fer-eipeigs mailed t04h Comte! 01 teoard41lYitsr/ Referee,--Plv. qiaineerifd State Ersginseti -Dat• t � 4uaul,CAM *aw OIL No s Burchfield MeK anis HerTrtutzdstad u q 9d Ndtz : tO TOOE EE '9a3 OSt09L80L6 : 'ON XtiJ : NOt_i4 office: 970-625-0598 fax: 970-625-0600 cell: 970-379-1451 BEATTIE WILDLIFE CONSULTING 1546 East 12th Street Rifle, CO 81650 Kirk H. Beattie, Ph.D. e-mail: wildllfebwc@sopris.net April 24, 2009 John Taufer John L. Taufer & Associates 909 Colorado Avenue P.O. Box 2271 Glenwood Springs, Colorado 81602 Via U.S. Mail Re: Wildlife Report for Old Orchard Subdivision Dear John: This letter shall serve as a Wildlife Report for the proposed 20 -acre Old Orchard Subdivision (OSS). I have enclosed a CD containing a Word version of this letter. Based on the information you provided to me, the OOS would have four lots with the following sizes: Lot 1 — 12.2 acres; Lot 2 — 2.3 acres; Lot 3 — 2.2 acres, and; Lot 4 (3.5 acres). I visited the OOS on Tuesday, April 21, 2009. Lot 1 consists of an apple orchard, a pond, a house and outbuildings, native and planted hardwood trees and shrubs, and hillside juniper. Lot 4 consists entirely of irrigated pasture for on-site horses. Lot 2 is about one-half pasture and one-half hardwood and cedar trees. Lot 3 consists of a small orchard, a very small portion of the pasture, hardwood trees and shrubs, and hillside cedar trees. A north -south irrigation ditch parallels the western border of Lots 3 and 4. My understanding is that the largest lot, number 1, will largely be unchanged, with the possible exception of construction of an accessory dwelling unit. Lot 1 contains the most valuable and diverse wildlife habitat on the 20 -acre property. I believe that the developer/landowner intends to continue living on Lot 1. You and the developer have done a very good job of laying out the subdivision to minimize disturbance to wildlife and their habitat. Ingress and egress are centralized and the building envelopes for Lots 2, 3, and 4 are clustered. Construction on Lots 2 John Taufer April 24, 2009 Page 2 of 4 and 4 will not result in the removal of native trees and shrubs. Construction on Lot 3 will require the removal of non-native trees and shrubs. However, I estimate that there would be less than one-half acre of variable -height forest removed as a result of construction. The most important wildlife habitats on the OOS have been protected by design. These habitats include the apple orchard, pond and interspersed native and introduced trees and shrubs on Lot 1. Another habitat that has been protected is hillside juniper on the north portions of Lots 2 and 3. Again, you and the developer have done an outstanding job of planning a subdivision that will have virtually no direct impact on vegetation and habitat that are important to local wildlife. Retaining virtually ail of the trees and shrubs on the development will provide a visual and sound buffer for wildlife using habitat to the north of the OSS. I see no need for locational controls of land disturbance to benefit wildlife. Adequate controls are established and visually depicted in the Sketch Plan. The OOS will result in very little loss of native vegetation. Because there will be no disturbance of critical wildlife habitat, I do not believe that habitat compensation is warranted. One issue I have dealt with professionally for decades is dogs running loose in subdivisions. I assume there will be protective covenants requiring homeowners to control their dogs. In my experience, dogs should not be a problem in a subdivision that has only four homeowners. Such small associations tend to develop social ties and are able to informally control the behavior of pets. Selected Wildlife Species The Colorado Division of Wildlife (CDOW) maintains a wildlife habitat database that is accessible on the Internet. I reviewed habitat activity maps for locally important wildlife species. The CDOW has mapped the OOS as being elk winter range and severe winter range. The OOS is not considered to be an elk winter concentration area, and it does not occur in an elk migration corridor. Elk occur in the vicinity of the OOS in winter, and they can cause homeowners problems. Elk will try to get into haystacks, they will feed on ornamental trees and shrubs, they will occasionally wipe out a section of fence, and they will browse on apple trees. Mule deer are a common year-round resident of the general area of the OOS. This area is mapped as mule deer winter range, but it is not classified as being severe winter range or a deer winter concentration area. Mule deer use the OOS year-round. Like elk, mule deer can cause problems for landowners. John Taufer April 24, 2009 Page 3 of 4 Wild turkeys occur in the general area of the OOS, particularly on the northerly reaches of Lot 1. The OOS is not mapped as turkey winter range, as a winter concentration area, as a roosting site, or as a breeding area. The closest wild turkey winter concentration area is several miles northeast of New Castle. The OOS is considered by the CDOW to be within black bear overall range. The OOS occurs within a CDOW category called a Bear -Human Conflict Area, which means that the CDOW has received two or more problem bear reports each year from an area. The OOS does not occur in a black bear movement corridor, nor does it represent a spring or fall bear concentration area. Bears have previously been sighted north and east of the 00S, and in the apple orchard located on the southern part of Lot 1. Both moose and Rocky Mountain bighorn sheep have been sighted previously in the general area of the OOS, particularly in the Canyon Creek drainage to the east of the OOS. The 00S does not occur in habitat that is considered to be bighorn sheep winter range, a migratory corridor, or a sheep production area. The closest mapped bighorn sheep winter range begins about 4 miles northeast of the proposed subdivision. Though the 00S is considered to be within overall mountain lion range, the subdivision is not considered to be within a CDOW-mapped Lion -Human Conflict Area. Previous sightings of lions, and reports of lion problems, have primarily been on Silt Mesa. State -Federal Endangered, Threatened, and Special Concern Wildlife Species State and/or federal threatened and endangered vertebrate species of wildlife in Colorado include 8 mammals, 9 birds, and 1 amphibian. Based on currently available scientific information for each of these species, including relevant wildlife databases and inventories, I do not believe that any Colorado threatened or endangered species uses the OOS at any time of the year. The state of Colorado has a special classification called "Species of Special Concern" that has been employed to describe species that are not threatened or endangered, but for which existing conditions and population trends suggest that special attention be paid to these species. Currently there are 5 mammals, 10 birds, 10 reptiles, and 6 amphibian species categorized as "Special Concern" by the CDOW. Based on currently available scientific information for each of these species, including relevant wildlife databases and inventories, I do not believe that any Colorado "Special Concern" species uses the 00S at any time of the year. The only exception may be potential use by the Northern Leopard Frog. John Taufer April 24, 2009 Page 4 of 4 Finding 1. The applicant and his planner have done a great job of designing a small subdivision that will remove virtually no wildlife habitat, and that will buffer wildlife from the sights and sounds of human activity. 2. As designed, the OOS will have no measurable adverse impact on any wildlife population currently using the subdivision, nor will it result in a reduction in the range of any wildlife species, nor will it directly result in classification of a wildlife species as threatened or endangered. Sincerely, BEATTIE WILDLIFE CONSULTING By: 0141i4LIA----- Kirk H. Beattie, Ph.D. KHB/kb MAC Metcalf Archaeological Consultants, Inc. August 6, 2009 John L. Taufer John L. Taufer and Associates, Inc. PO Box 2271 Glenwood Springs, CO 81602-2271 Re: OId Orchard Subdivision Dear John, This letter reports on the results of a records search at the Colorado Office of Archaeology and Historic Preservation (OAHP) in Denver for known and recorded cultural or paleontological resources at and near the proposed Old Orchard Subdivision, in section 35, T5S R9OW, approximately one mile west of Canyon Creek, west of Glenwood Springs, Colorado. This information is provided to meet Garfield County Land Use regulations which request information on "protected or registered archaeological, cultural, paleontological, and historic areas." We ran an on-line search of section 35 through the OAHP's Compass database on August 6, 2009. The search returned seven cultural resources, one paleontological resource, and nine previous cultural resource inventories for that section. The cultural resources include the D&RGW railroad grade (still in use), two segments of the historic Vulcan Ditch, one prehistoric camp, and three prehistoric isolated finds (single artifacts). The paleontological resource is the "Newcastle Dinosaur". All of these resources are located elsewhere in the section and do not extend onto the proposed OId Orchard Subdivision parcel. The nine inventories include four related to the Hellsgate hydroelectric project, conducted in the early 1980s by Metcaf-Zier Archaeologists; three related to the Storm King Mines Properties, conducted by several consultants also in the early 1980s; one telecommunications tower project conducted by our company in 2000; and one fiber-optic communications line project conducted by Centennial Archaeology in 2000. None of these nine projects are known to include or have covered any of the proposed Old Orchard Subdivision parcel. The results of this files search show that there are no "protected or registered" cultural or paleontological sites in the Old Orchard Subdivision parcel. If you have any questions, or need additional information, please do not hesitate to call. Sincerely, r, Anne McKibbin Senior Staff Archaeologist Enclosure (map) /0)328-6244 FAX: (970) 328-5623 P.O. Box 899 Eagle, CO 81831 mac@metcalfarchaeology.com (303) 425-4507 FAX: (303) 425-8911 4955 Miller Street, Suite 201 Wheat Ridge, CO 80033-2234 (701) 258-1215 FAX: (701) 258-7156 P.O. Box 2154 Bismarck, ND 58502 machodak@metcalfarchaeology.com 3 • , 7 . , i / --• King Mountain tA ci:a or - .,-t-'4',0:77,~". - - - •-- - - 7 :-.- - -,"-::--t- ) , T6S R9OW (.{' / 1 (l'i '()t. • . •, . • ,•• 66 ..' 7; -,- . — : _, .1.:,..... i ,.. _ri- `;,.. --"'.-,, : . ---.'"---1tT:.7.-'7'.--='; - ‘-'-'-' "...., ..._ f. \ -.'___;...,, ..-,Z./--.1' , ' .' ' ' - - • :. . - - . ' ' _,L. "" l' .--;" - r '''. -,`,../-`-' f '.,;' Ler-V ..-""" -••• :" ..7, ,,',. ',G')._-_%4,,,,,'`).,/,-- " .. „. ._ .., :.-. ""--'74.:,--:(..1,:•-,J., -,': .^, -%., , ‘1"-----',-;< .- • -"----,--,'.- • :--•: _ -. :••.-- :..- ---• -- •‘'.,,', - \----7,...:-•--..-_, s..._---_ - _., -_ .,,-.-_-_-,...,..- ._.;-•,f,, ,ic , .,,..-:„.......: ..:...„ ••• „..,. • be, ,•• _ „.•-• VER sJ • c - F./ t, :f1/01Y • ,,...3,7•7,_.7-.,:---;-..,,L-_.. • ...• • •A -, ,,-- .....,. Id+ , 1-7 • 1000 0 1000 2000 3000 Feet Proposed Old Orchard Subdivision Page 2 of 2 Michael A. Hefferon r)p -The Aspen Marketing Group 000970-319-7098N onikettlhea spenmarkelinggroup.eom noLiviww.TheAsDenMarkeliraGrouo,cont A relaxed slate of mind unleashes creativity 3/5/2010 ,lvL 12 N12( 4":RESOURCE 'mll E N G I N E E R I N G I N C. Section 7-208 Air Quality Old Orchard Subdivision Preliminary Plan / Final Plat Project Description March 2, 2010 The Old Orchard Subdivision proposes to divide approximately 20.2 acres into four lots. Criteria The land use change shall not cause air quality to be reduced below acceptable levels established by the Colorado Air Pollution Control Division. Compliance The proposed project will comply with the Air Quality Control Commission Regulation 5 CCR 1001. The project is not located in a classified Nonattainment or Attainment/Maintenance area for carbon dioxide, PM 10, or ozone. Open hearth wood burning fireplaces and wood burning appliances are not allowed in the subdivision. One solid fuel burning stove compliant with CRS 25-7-401 et. seq. will be allowed in each dwelling unit. The project is located in a rural area with large lots and on-site vehicle emissions will be well below the Ambient Air Quality Standards. Fugitive dust will be controlled by the erosion and sedimentation plan and the requirement to re -vegetate all disturbed areas. Open burns are subject to permit by the local authority ( Glenwood Springs and Rural Fire Protection District). Consulting Engineers end Hydrologists 909 Colorado Avenue ` Glenwood Springs, CO 81 801 .s (970) 945-.877-7 Fax (97011 941'3-1 1 'A JOHN L. TAUFER & ASSOCIATES, INC. Landscape Architecture / Land Planning March 1, 2010 Steve Anthony, Garfield County Vegetation Manager P.O. Box 1112 Rifle, Colorado 81650 Re: Weed Management Plan -- Old Orchard Subdivision, Glenwood Springs, Colorado Dear Steve, Old Orchard Subdivision is a proposed 4 lot single family residential subdivision located on the north side of Highway 6 approximately 1 mile west of Canyon Creek. The entire property consists of approximately 20.22 acres. The report prepared here within will address the weed inventory and weed management of the property. Existing Property Conditions The property is a 20.22 acre parcel located north of Highway 6 and approximately 1 mile west of Canyon Creek. An existing frame house is situated on the east side of the parcel along with a shed and a pond which is located just south of the frame house. A residential unit, located in the northwest comer of the property, is currently under construction The southern portion of the property slopes gently from Highway 6 to the north and then transitions to steeper slopes. This particular area is where the proposed development will occur. A large drainage basin is situated in the northeastern area of the property. The drainage basin is characterized by steep slopes on the western and eastern edges of the basin. No development is proposed in the drainage basin or on the eastern side of the property. An old, grouping of established apple trees is located adjacent to Highway 6 and west of the existing residence. Another grouping of apple trees is located at the northwest comer of the property. The area between the apple trees and west of the southern orchard is open pasture. Other vegetation consists of Cottonwood trees, Pinyon pine, Rocky Mtn. Juniper, Gambel Oak, Serviceberry and native grasses. These vegetative species occur around the existing residence and on the steeper slopes and also in the drainage basin. 909 Colorado Avenue • Sox 2271 • Glenwood Springs= 91 502 (970) 949-1337 • FAX (970) 849-7914 Vegetation Inventory On numerous times, 1 performed an on-site visit to inventory the vegetative characteristics of the property. During my visits, I did not observe any noxious weeds that are identified on the Garfield County Noxious Weed list. Revegetation of Disturbed Areas The only areas of disturbance, outside of planned, groomed landscape areas associated with buildings and parking areas, will be along the entry drive. The entry drive is located in areas where existing pasture exists. Those disturbed areas will be revegetated with a pasture grass mix that closely mimics the existing pasture grass. Seed will be sowed by means of hydraulic seeding equipment or by hand. Once the seed has been sowed, the seeded areas shall be fertilized with a fertilizer containing an analysis of 18/46/0 at a rate of 200 lbs./acre. After seed and fertilizer has been installed, ail seeded areas shall receive either a mulch treatment of fiber or straw mulch. Base on on-site measurements, I would estimate that the total amount of revegetated area is approximately 10,000 square feet. At a rate of $ 0.10/square foot, total construction costs for revegetation along the entry drive will be approximately $ 1,000.00. This figure is also reflected on our probable cost estimate found with the Subdivision Improvements Agreement (SIA). Weed Management Each lot owner will be responsible to manage any weed infestation on their property. The owners of Lots 1-4 will be responsible for any weed removal inside the 40 foot access and utility easement that contains the entry drive to the subdivision. This provision is reflected in the Declaration of Private Roadway Easement and Maintenance Obligations. If you have questions or need additional information, please do not hesitate to contact my office. Sincerely, John L. Taufer, Landscape Architect FIRE PROTECTION Per Plat Note: There shall be an automatic fire suppression system installed in all new residences, including ADU's, constructed in the Old Orchard Subdivision. The systems shall be designed to NFPA 13D or NFPA 13R standards. The flow and control valves, on the systems, shall be monitored by a fire alarm system that is monitored by an independent UL Listed Central Station monitoring company. Because of the placement of residential structures in the subdivision, the risk of wildland fire is low. Lot owners shall utilize low growing sod forming grasses in yard areas. Taller grasses shall be mown to a height of 6" in the late spring. Lot owners shall keep a 20 — 30 foot defensible wildland fire space away from any structures. t), XcelEnergysM 11/23/2009 Mr. John L. Taufer Glenwood Springs, CO Re: Old Orchard Subdivision Dear Mr. Taufer, The proposed development known as Old Orchard Subdivision, located at 44623 Hwy 6 in Garfield County is within Xcel Energy's service territory and will be served by Xcel Energy in accordance with the Rules and Regulations on file with the Colorado Public Utilities Commission at the time of application. If I can be of further assistance, please contact me at 970-244-2693. Sincerely, Jon Price Xcel Energy PO Box 849 Grand Junction, CO 81502 FROM Qwest Eng/Glenwood CMON>HOV 23 200e 13:62/57. 13:01/No.7000000617 P 1 Q QWEST 11/23/12009 John L Taufer & Associates, Inc. 909 Colorado Ave Glenwood Springs, CO 81601 RE: Old Orchard Subdivision Glenwood Springs, CO Qwest Communications will provide telephone service, to the above mentioned project, as required by tariff, filed through the Colorado Public Utility Commission. If you have any questions please call 970-384-0255 Sincerely, Senior Design Engineer JOHN L. TAUFER & ASSOCIATES, INC. Landscape Architecture / Land Planning May 27, 2010 Molly Orkild-Larson, Senior Planner Garfield County Building & Planning Department 0375 County Road 352 Rifle, Colorado 81650 Re: Old Orchard Subdivision — Article VII, Standards - Supplemental Information Dear Molly, The following information demonstrates that the Old Orchard Subdivision is in compliance with the standards, as detailed in Article VII, Standards, Division 1, Division 2, Division 3, Division 4 and Section 7-801 of the Garfield County Unified Land Use Resolution, 2008. DIVISION 1 Section 7-101 Compliance with Zone District Use Restrictions Response: Lot sizes are in excess of the minimum 2 acres; single family residential use is permitted; residential structures will conform to front, side and rear yard setbacks as well as building heights. Section 7-102 Compliance with Comprehensive Plan and Intergovernmental Agreements Response: The subject property is situated in the Outlying Residential District. Minimum lot size in this district is 2 acres/dwelling unit. Lot sizes are in excess of the minimum lot size. Agricultural operations will continue on this property. Single family residential dwelling units will have a minimum impact on each lot and will not interfere with the historic use of this property. Other than the Town of New Castle being a referral agency, are no Intergovernmental Agreements associated with this property. Section 7-103 Compatibility 909 Colorado Avenue • Box 2271 • Glenwood Springs,C0 91902 (970) 945-1337 • FAX (970) 945-7914 Response: The proposed single family residential use is compatible with surrounding land uses which are comprised of single family residential uses, commercial uses and transportation corridors. Section 7-104 Sufficient Legal and Physical Source of Water Response: Demonstration of sufficient legal and physical water supply is provided in the application under the heading of Potable Water. Section 7-105 Adequate Water Supply Response: Demonstration of adequate water supply is provided in the application under the heading of Potable Water. Section 7-106 Adequate Central Water Distribution and Wastewater System Response: No central water distribution system or central wastewater system is proposed. Water distribution systems will be by individual wells. The proposed method of sewage disposal is ISDS. ISDS are allowed, by Garfield County standards on lots over 2 acres. Percolation tests have been performed for each lot and are included in the application. As noted on the plat, all ISDS systems will be designed by an engineer licensed to practice in the State of Colorado. Section 7-107 Adequate Public Utilities Response: All required public utilities are located on the property. Section 7-108 Access and Roadways Response: Access to each lot is via a private drive that intersects with State Highway 6. An access permit, No. 309040, was issued by the Colorado Department of Transportation (CDOT) is included in the application under the heading of Traffic. Section 7-109 No Significant Risk from Natural Hazards Response: As referenced in the Colorado Geologic Survey report as well as the drainage report prepared by SGM, Inc., and the HP Geotechnical there is a potential for debris flow from the drainage channel north of Lot 1. While we acknowledge the potential for potential debris flow on Lot 1, additional development on Lot 1 is not anticipated at this time. Historical evidence demonstrates that there has not been any apparent damage from debris flow to the existing residence that was constructed in 1899. It is our position, that any future 2 development on Lot 1, will require additional debris flow studies and evaluation of proposed future development shall be conducted at the time of building permit. A Plat Note, included on the Final Plat, states that additional residential building development on Lot 1 shall not be permitted until additional drainage/debris flow analysis has be concluded. While there is This information is contained in the Project Summary and in the sections titled Soils/Geotechnical and Drainage. DIVISION 2 Section 7-201 Protection of Agricultural Lands Response: The agricultural integrity of the property will be preserved. Lots 1,2,3 and 4 are located where agricultural operations have historically occurred. Irrigation water will continue to irrigate agricultural lands. The existing apple orchard on Lot 1 will be preserved in its entirety. It shall be the responsibility of each lot owner to control domestic animals, maintain fences, interior roads, fences and the existing irrigation ditches on their lots. Section 7-202 Protection of Wildlife Habitat Area Response: Because of the placement of lots and building envelopes, virtually little if any vegetation will be removed thus preserving vegetative habitat for wildlife. The Old Orchard Subdivision will have no measurable adverse impact on any wildlife population currently using the property, nor will it result in a reduction in the range of any wildlife species nor will it directly result in classification of a wildlife species as threatened or endangered. This information is contained in the application under the heading of Wildlife. It shall be the responsibility of each lot owner to control domestic animals against interference with wildlife. This provision is contained in Article 3 of the Declaration of Protective Covenants. Section 7-203 Protection of Wetlands and Waterbodies Response: There are no wetlands or waterbodies on the property. I Section 7-204 Protection of Water Quality from Pollutants Response: Not Applicable. Agricultural activities are a use by right in the Rural Zone District. As previously stated, there are no waterbodies on the property. 3 Section 7-205 Erosion and Sedimentation Response: Site disturbance will be limited to excavation for building foundations and driveways to the residential units. If site disturbance is in excess of the 1 acre threshold, the owner of contractor shall apply for a NPDES permit. Section 7-206 Drainage Response: The historic drainage pattern of the property will not be altered or compromised with the development of single family residential dwelling units. The natural site topography runs in an east to west direction toward Highway 6. Lot lines run perpendicular to the natural topography thus allowing site drainage to continue toward Highway 6 into a drainage ditch on the north side of Highway 6. Drainage from the access road sheet flows to the west where it is collected in an existing drainage swale on the western boundary of the property. Drainage from the north side of Highway 6 passes through an 18" CMP to an existing 24" CMP crossing Highway 6. Drainage from the existing drainage swale on the western boundary of the property flows toward the same 24" CMP that crosses Highway 6. Drainage from the basin, to the north of Lot 1, flows toward Highway 6 and into a 6' concrete box culvert that crosses underneath Highway 6. The site drainage is discussed in the section titled Drainage. Homeowners shall construct small drainage ditches uphill from buildings to direct flows around and away from the structures. Per Garfield County regulations, building foundations shall be engineered by a licensed engineer registered to practice in the State of Colorado. It is customary practice for engineers to provide design recommendations regarding foundation drains and drainage away from foundations. Section 7-207 Stormwater Run -Off Response: Stormwater run-off will continue to sheet flow across stable, vegetated areas prior to discharge into drainage ditches along Highway 6 and to the west of the proposed subdivision access road. The primary vegetative characteristics of Lots 2,3 and 4 consists of stable pasture grasses. On the northern reaches of Lots 2 and 3, vegetation transitions to native serviceberry, cottonwoods, , juniper and scattered apple trees. The vegetative characteristics of Lot 1 consists of lawn grasses around the existing residence, an apple orchard along highway 6 and native stands of serviceberry, gambel oak, cottonwoods, Rocky Mtn. juniper and Pinyon pine. The existing vegetation is of great benefit in treating stormwater before it reaches the drainage ditch along Highway 6. 4 There is sufficient distance between the proposed residential development on each lot and Highway 6 to ensure the filtering of pollutants prior to discharge into the drainage ditch along Highway 6. The drainage eventually reaches the Colorado River, which is located on the south side of I-70. The amount of impervious surface, associated with single family residential development compared to the overall size of acreage per lot will be insignificant. Section 7-208 Air Quality Response: Residential uses will not have little if any effect on air quality. A statement regarding air quality is included in the application under the title of Air Quality. Section 7-209 Areas Subject to Wildfire Hazards Response: The building envelopes on Lots 2, 3 and 4 are situated in open pasture areas that are void of vegetation associated with wildland fire. The building envelopes are located in areas that have historically been irrigated and will continue to be irrigated. The existing residential structure on Lot 1 is located in a clearing but surrounded with large cottonwood trees. Groundcover around the existing residence includes ornamental shrubs and irrigated lawn grasses. Native vegetation exists on slopes north of lots 2 and 3 as well as the drainage channel north of the existing residence on Lot 1 as well as on slopes east of the Lot 1 residence. These areas are removed from existing buildings and proposed structures on Lots 2 and 3. Lot owners shall keep a 20-30 defensible fire space away from any structures. Residential structures shall be sprinkled with an automated fire suppression system. This information is contained in the application titled Wildland Fire and is so noted on the Final Plat. Section 7-210 Areas Subject to Natural Hazards and Geologic Hazards Response: The response to this section is addressed in Section 7-109 as well as in the application under the heading Soils/Geotechnical. A 3 foot earthen berm has been designed to protect and exisitng residence on Lot 3. The berm is shown of Sheet 3 of the access road drawings prepared by SGM, Inc. Section 7-211 Areas with Archeological, Paleontological or Historical Importance 5 Response: Metcalf Archeological performed a records search and found no protected or registered cultural of paleontological sites in the Old Orchard Subdivision parcel. This information is contained in the application titled Archeological. Section 7-212 Reclamation Response: There will be very little site disturbance associated with the development of single family residential uses on the property. Disturbance will be limited to construction around the dwelling units and the access drive. The access drive will follow the existing dirt roadway that extends to the proposed Lots 2 and 3. In order to mitigate the site disturbance around single family units, homeowners will be encouraged to revegetate those disturbed areas with sod forming grasses, trees and shrubs. This is usually standard practice for new homeowners. The topography on Lots 1, 2, 3 and 4 is gently sloping. Because the topography is relatively flat, cut and fill slopes will be minimal. In addition, driveways grading will result in little site disturbance. All cut/ fill slopes and disturbance adjacent to driveways and the access road will be revegetated with sod forming grasses. Construction debris will be removed form the site upon completion of construction. DIVISION 3 — SITE PLANNING AND DEVELOPMENT STANDARDS Section 7-301 Compatible Design Response: The site plan/lot layout is organized in a manner that allows adequate vehicular and pedestrian access to each lot, allows solar access to each lot, provides adequate off street parking for each lot while preserving the existing, natural characteristics of the site. While the operational characteristics are more likened to industrial or commercial use and not residential use, the proposed residential land use will not cause the air quality to be reduced below acceptable levels. Refer to the Air Quality section of the application. Other than lighting from residential structures, there is no street lighting proposed. Residential lighting guidelines are addressed in Article 5 of the Declaration of Protective Covenants. A 120 foot visual buffer exists from the closest building envelope on Lots 2 and 4 to Highway 6. The existing apple orchard provides additional visual and sound 6 buffering from Highway 6. The adjacent property to the east is zoned Commercial but is buffered by a landform that visually separates the commercial use from the Old Orchard Subdivision. Exterior building material and maximum building size are addressed in Article I of the Declaration of Protective Covenants. Section 7-302 Building Design Response: Entryway guidelines are not applicable to residential buildings. The size of the lots are large enough to allow solar access to each building structure. Section 7-303 Design and Scale of Development Response: Because the site is gently sloping, site disturbance during residential development will be minimal. In addition, the proposed access road closely follows the existing grade, thus reducing site disturbance. Section 7-304 Off -Street Parking Response: As referenced on the Final Plan, each lot will contain 4 off-street parking spaces which meets the requirements for a single family dwelling unit plus and ADU on each lot. All other requirements in this section refer to commercial, industrial or multifamily uses. Section 7-305 Landscaping and Lighting Standards Response: Landscaping on each lot will be the responsibility of each lot owner. The owner will be responsible for revegetation of the disturbed areas adjacent to the new road. The cost of the revegetation work is included in the Cost Estimate for the Old Orchard Subdivision, Exhibit A. Lighting is addressed in Section 7-301. Section 7-306 Snow Storage Areas Response: Snow storage for each lot will be contained on each lot. Snow storage for the access road will be contained within the access road easement. Drainage from snowmelt is will be collected in the drainage ditches along the road and transported to the drainage ditch along Highway 6 where the drainage continues under Highway 6. 7 Section 7-307 Roadway Standards Response: Access to Lots 2,3 and 4 is via an access road intersecting with Highway 6 on the west side of the property while access to Lot 1 is via the existing driveway that also intersects with Highway 6. The Average Daily Trips ( ADT) generated from Lots 2,3 and 4 are approximately 60 ADT. Based on the projected ADT, the Garfield County road classification would classify the western entry road as a Semi -Primitive road. The roadway design submitted complies with the roadway standards per Garfield County requirements. The access road design, prepared by SGM, Inc., is depicted on Sheets 1 and 2 of the submittal package. The Colorado Department of Transportation (CDOT) issued a driveway permit for the new access road that provides access to Lots 2,3 and 4. The Permit is included in the application under the heading Traffic. In issuing the permit, CDOT finds the intersection to have adequate site distances and is safe. The roadway grade closely follows the existing topography thus reducing the amount of cut and fill required. The location of a stop sign and Not Parking signs are indicated on the access road design drawings prepared by SGM, Inc. Roadway drainage has been incorporated into the design of the access road and is depicted on Sheet 1 and 2 of the access road drawings, Sheets 1 and 2 as prepared by SGM, Inc. Section 7-308 Trail and Walkway Standards Response: Not applicable. There are no trail or walkways proposed in the subdivision. Section 7-309 Utility Standards Response: Underground utilities( electric and natural gas) have been installed on the property. Letters from Qwest and Excel Energy agreeing to provide service to the property are located in the Utility Provider section of this application. All utility easements are noted on the Final Plat. DIVISION 4 — SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS Section 7-401 General Subdivision Standards 8 Response: The lots and building envelopes are situated in areas of open, gently sloping pasture areas thus preserving exiting vegetation particularly the apple orchard along Highway 6. In addition, the native vegetation, located on slopes to the north and within the drainage corridor on the northeastern portion of the property, will be preserved. Domestic animal control is addressed in Article 3 in the Old Orchard Protective Covenants. Fireplaces are addressed in Article 4 in the Old Orchard Protective Covenants. Section 7-402 Subdivision Lots Response: All of the Lots within the Old Orchard Subdivision are developable. The lots conform to the Rural Zone District regulations in terms of size, setbacks, slope and lot frontage. Lots sizes are in excess of the minimum lot size in the Rural Zone District as well as the minimum size for inclusion of an Accessory Dwelling Unit (ADU) on each lot and for ISDS. Building envelopes have been created for Lots 2,3 and 4 All lots have a minimum 25 foot frontage on the cul-de-sac. Section 7-403 Fire Protection Response: All new residential structures will be equipped with an automatic fire suppression system. The systems shall be designed to NFPA 13D or NFPA 13R standards. The flow and control valves shall be monitored by a fire alarm system that is monitored by an independent UL Listed Central Station monitoring company. Each residential structure shall contain in-house water storage dedicated to the automatic fire suppression system. The water supply, for the in-house water storage, will be from the shared well on Lot 3. In addition, the pond on Lot 1, shall also be available as a water supply for fire protection. A 30 foot easement for emergency access to the pond is noted on the Final Plat. The access road for Lots 2,3 and 4 includes an emergency services bump -out or pull out area. Since there is not a central water system available, there are no fire hydrants proposed. Section 7-404 Survey Monuments 9 Response: All property corner pins have been set. Section 7-405 Standards for Public Sites and Open Space Response: There are not public sites or open space associated with the Old Orchard Subdivision. The applicant will pay all required fees to the RE -1 School District as determined on a per residential unit basis. DIVISION 8 - STANDARDS FOR CERTAIN TYPES OF USES Section 7-801 Additional Standards Applicable to an Accessory Dwell Unit Response: The maximum floor area for residential occupancy shall not exceed 1,500 square feet. The maximum floor area of an ADU is also established in Article I of the Old Orchard Protective Covenants. Accessory dwelling units are allowable under Article I of the Old Orchard Protective Covenants. All lots within the Old Orchard Subdivision are in excess of 2 acres and comply with the required lot size to permit an ADU. Please review the aforementioned response to Article 7, Divisions 1, 2,3 and 4 and Division 8, Section 7-801 2 at your earliest convenience. If you have questions or need additional information, please do not hesitate to contact my office. Sincerely, John L. Taufer, Owners Representative 10 Exhibit A Old Orchard Subdivision Preliminary/Final Plan Subdivision Improvements Agreement Engineering Cost Estimate No. Description Qty. Unit Price / Unit Estimate 1 Moblization 1 LS $ 5,000.00 $ 5,000.00 2 Topsoil (strip,stock pile & replace) 1 LS $ 1,000.00 $ 1,000.00 3 Excavation/Earthworks 1 LS $ 5,000.00 $ 5,000.00 4 8" Utility Sleeves 60 LF $ 15.00 $ 900.00 5 Subgrade prep 2600 SY $ 1.20 $ 3,120.00 6 Geotextile Separator 2600 SY $ 2.00 $ 5,200.00 7 Class 6 aggregate base course 801 TN $ 20.00 $ 16,020.00 8 Class 2 aggregate base course 1543 TN $ 18.00 $ 27,774.00 9 24" ADS N-12 Culvert 30 LF $ 40.00 $ 1,200.00 10 24" End Section 1 EA $ 300.00 $ 300.00 11 Signs 2 EA $ 300.00 $ 600.00 12 Erosion Control (Silt Fence, Erosion Logs, Straw Mulch,etc.) 1 LS $ 2,000.00 $ 2,000.00 13 Re -align ditch 70 LF $ 20.00 $ 1,400.00 14 Fence Modifications 1 LS $ 500.00 $ 500.00 15 Revegetation 1 LS $ 1,000.00 $ 1,000.00 TOTAL $ 71,014.00 Note: This cost estimate is an engineer's opinion of probable cost and not based on a quotation or bid. Work within the CDOT ROW is excluded as a separate estimate was provided with the Access Permit application. Electric, telephone, cable and gas costs are not included as work is in progress and separate contracts exist. As with any estimate, actual costs may vary due to unforeseen circumstances and market conditions. OldOrchardS!A By: David M. Katz, P.E. 2/25/2010 Schmueser Gordon Meyer Land Title Guarantee Company CUSTOMER DISTRIBUTION Land Title 1i11ARANTFF COMPANY Date: 06-21-2010 Property Address: 44523 HWY 6 & 24 GLENWOOD SPRINGS, CO 81601 Our Order Number: GW63005568 If you have any inquiries or require further assistance, please contact one of the numbers below: For Tide Assistance: Glenwood Springs "GW" Unit 1317 GRAND AVE #200 GLENWOOD SPRINGS, CO 81601 Phone: 970-945-2610 Fax: 970-945-4784 ROCKY GABOSSI 0018 COUNTY RD 138 GLENWOOD SPRINGS, CO 81601 Mtn: ROCKY GABOSSI Phone: 970-379-0780 Copies: 1 EMail: rocky@piddniron.com Linked Commitment Delivery rig Land Title GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY INVOICE NO. GWS -3075 ROCKY GABOSSI 0018 COUNTY RD 138 GLENWOOD SPRINGS, CO 81601 Owner: MARY ANN GABOSSI AND ROC ANTHONY GABOSSI Address: 44523 HWY 6 & 24 GLENWOOD SPRINGS, CO 81601 Invoice Date: June 21, 2010 Order No. GW63005568 Invoice Charges TBD Report $100. 00 - Amount Due - $100. 00 Due and payable upon receipt. For Remittance please refer to Invoice No. GWS -3075 Please make checks payable to: Land Title Guarantee Company 5975 Greenwood Plaza Blvd. Suite 125 Greenwood Village, CO 80111-4701 LAND TITLE GUARANTEE COMPANY TBD Report Our Order No. GW63005568 TBD Report Fee $100.00 This report is neither a commitment to insure, nor an abstract of title. This product may not conform to the written standards and practices of our underwriters and the Company reserves the right to set further requirements and/or exceptions should a full title commitment be ordered in the future. The lability of the Company shall not exceed the charge paid by the applicant for this report, nor shall the Company be held liable to any party other than the applicant for this report. Certification Date: May 28, 2010 at 5:00 P.M. Address: 44523 HWY 6 & 24 GLENWOOD SPRINGS, CO 81601 Legal Description: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Ownership: Vesting Document Doc Fee PERSONAL REPRESENTAT $70.00 Recorded 04-19-2001 Reference # 579585 The following will be required should the Company be requested to issue a future commitment to insure: 1. RELEASE OF DEED OF TRUST DATED MAY 20, 2008 FROM MARY ANN GABOSSI AND ROC ANTHONY GABOSSI TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF US BANK TRUST COMPANY TO SECURE THE SUM OF $197,548.00 RECORDED JUNE 19, 2008, UNDER RECEPTION NO. 750771. Our Order No: GW63005568 LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE NW1/4 OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 90 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT FROM WHICH THE NORTH 1/4 CORNER OF SAID SECTION 35 BEARS N. 45 DEGREES 21'31" E. 855.56 FEET, SAID NORTH 1/4 CORNER BEING A IRON PIPE WITH AN ALUMINUM CAP, PLS NO. 15710; THENCE S. 26 DEGREES 31'06" E. 55.72 FEET; THENCE S. 26 DEGREES 11'52" W. 62.99 FEET; THENCE S. 11 DEGREES 39'34" W. 51.69 FEET; THENCE S. 37 DEGREES 28'23" W. 80.15 FEET; THENCE S. 49 DEGREES 48'42" W. 68.95 FEET; THENCE S. 22 DEGREES 37'14" W. 167.65 FEET; THENCE S. 04 DEGREES 15'08" E. 209.69 FEET; THENCE S. 40 DEGREES 24'52" W. 63.16 FEET; THENCE S. 23 FEBRUARY 42'17" W. 160.96 FEET; THENCE S. 34 DEGREES 01'36" W. 250.32 FEET; THENCE S. 28 DEGREES 03'51" E. 69.80 FEET; THENCE S. 02 DEGREES 38'42" W. 142.25 FEET; THENCE S. 80 DEGREES 11'51" E. 128.20 FEET; THENCE N. 72 DEGREES 59'26" E. 101.15 FEET; THENCE S. 68 DEGREES 43'16" E. 110.56 FEET; THENCE S. 74 DEGREES 56'17" E. 210.39 FEET; THENCE N. 84 DEGREES 18'28" E. 105.41 FEET; THENCE S. 24 DEGREES 96'00" W. 319.38 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF STATE HIGHWAY 6 AND 24; THENCE ALONG SAID RIGHT OF WAY THE FOLLOWING 6 COURSES: 1) THENCE N. 65 DEGREES 14'00" W. 489.04 FEET; 2) THENCE 926.40 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 2010.00 FEET, A CENTRAL ANGLE OF 12 DEGREES 09'17" AND SUB -TENDING CHORD WHICH BEARS N. 71 DEGREES 18'38" W. 425.60 FEET; 3) THENCE S. 13 DEGREES 12'00" W. 50.00 FEET; 4) THENCE 270.72 FEET ALONG THE ARC OF NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1960.00 FEET, A CENTRAL ANGLE OF 07 DEGREES 54149" AND SUB -TENDING A CHORD WHICH BEARS N. 81 DEGREES 21'35" W. 270.50 FEET; 5) THENCE N. 85 DEGREES 19'00" W. 368.00 FEET; 6) THENCE 109.74 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 5680.00 FEET, A CENTRAL ANGLE OF 01 DEGREES 06'25" AND SUB -TENDING A CHORD WHICH BEARS N. 84 DEGREES 45'48" W. 109.74 FEET; THENCE DEPARTING SAID RIGHT OF WAY N. 23 DEGREES 00'10" E. 85.51 FEET; THENCE N. 33 DEGREES 41'22" E. 273.31 FEET; THENCE N. 10 DEGREES 41'01" E. 126.20 FEET; THENCE N. 18 DEGREES 00'46" E. 102.71 FEET; THENCE S. 79 DEGREES 05'06" E. 49.25 FEET; THENCE N. 87 DEGREES 14'08" E. 373.76 FEET; THENCE S. 83 DEGREES 55'42" E. 116.11 FEET; THENCE N. 45 DEGREES 21'31" E. 1000.98 FEET TO THE POINT OF BEGINNING. TOGETHER WITH AND SUBJECT TO THE ACCESS AND UTILITY EASEMENT(S) INDICATED HEREON. Our Order No: GW63005568 LEGAL DESCRIPTION A/K/A LOl 1 GABOSSI EXEMPTION ACCORDING TO THE PLAT RECORDED FEBRUARY 11, 2003 UNDER RECEPTION NO. 620589 COUNTY OF GARFIELD, STATE OF COLORADO TBD Report The following documents affect the property: Our Order No. GW63005568 1. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED OCTOBER 06, 1967, IN BOOK 388 AT PAGE 311. 2. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED OCTOBER 06, 1967, IN BOOK 388 AT PAGE 311. 3. ENCROACHMENT OF ROADWAY ONTO SUBJECT PROPERTY AS SHOWN ON FIRST AMENDED SENOR MESA PLAT RECORDED OCTOBER 13, 1998 AS RECEPTION NO. 533649 PURPORTEDLY GRANTED IN INSTRUMENT RECORDED JANUARY 13, 1943 IN BOOK 201 AT PAGE 502. 4. UTILITY EASEMENT AS GRANTED TO PUBLIC SERVICE COMPANY OF COLORADO IN INSTRUMENT RECORDED OCTOBER 12, 1999, IN BOOK 1154 AT PAGE 989. 5. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO 2002-84 RECORDED SEPTEMBER 17, 2002 IN BOOK 1387 AT PAGE 114. 6. EASEMENTS AND RIGHTS OF WAY AS GRANTED IN INSTRUMENT RECORDED AUGUST 7, 2002 IN BOOK 1376 AT PAGE 135. 7. EASEMENTS, RIGHTS OF WAY AND ALL MATTERS SHOWN ON THE PLAT RECORDED SEPTEMBER 18, 2002 UNDER RECEPTION NO. 610839 AND AMENDED PLAT RECORDED FEBRUARY 11, 2003 UNDER RECEPTION NO. 620584. 8. TERMS, CONDITIONS AND PROVISIONS OF PERMIT RECORDED JULY 07, 2009 AT RECEPTION NO. 770883. 9. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2005-73 RECORDED OCTOBER 04, 2005 AT RECEPTION NO. 683629. 10. EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED JUNE 29, 2009 UNDER RECEPTION NO. 770259 'Main File No. M10100211 Page #21 APPRAISAL OF REAL PROPERTY LOCATED AT: 44523 Highway 6 ATR in the NW4 Cont. 20.22 AC. AKA Lot 1 Gabossi Subdivision Exemption Glenwood Springs, CO 81601-9784 FOR: Gabossi, Roc A. 44523 Hwy 6 8 24 Glenwood Springs, CO 81601 AS OF: October 13, 2010 BY: Matt Elliott Certified Residential Appraiser, License # CR -40025416 Bookclift Appraisal Services Inc. (970) 434.9533 Form GA2—'WinTOTAL' appraisal software by a la mode, inc. —1-000-ALAMOOE IMain File Na. M1010021 Pa a #3 Bookcliff Appraisal Services, Inc. 593 Birchwood Ct. Fntita, CO 81521 Gabossi, Roc A. 45523 Hwy 6 & 24 Glenwood Springs, CO 81601 Re: Property: 44523 Highway 6 Glenwood Springs, CO 81601-9784 Borrower. Gabossi, Roc A. File No.: M1010021 In accordance with your request, we have appraised the above referenced property. The report of that appraisal is attached. The purpose of this appraisal is to estimate the market value of the property described in this appraisal report, as improved, in unencumbered fee simple title of ownership. This report is based on a physical analysis of the site and improvements, a locational analysis of the neighborhood and city, and an economic analysis of the market for properties such as the subject. The appraisal was developed and the report was prepared in accordance with the Uniform Standards of Professional Appraisal Practice. The value conclusions reported are as of the effective date stated in the body of the report and contingent upon the certification and limiting conditions attached. It has been a pleasure to assist you. Please do not hesitate to contact me or any of my staff if we can be of additional service to you. Sincerely, AtliA0 _5. E fwd Matt Elliott Certified Residential Appraiser CR -40025416 Main File No. M10100211 Pane #] Bookclitl Appraisal Services Inc. (970) 434-9533 RESTRICTED USE APPRAISAL REPORT FileNo.: M1010021 3JECT Property Address: 44523 Highway 6 & 24 City: Glenwood Springs Slate: CO lip Code: 61601-9784 County: Garfield Legal Description: A TR in the NW4 Cont. 20.22 AC. AKA Lot 1 Gabossi Subdivision Exemption Assessor's Parcel #: 2123-352-00-185 Tax Year: 2010 R.E. Taxes: $ 2,174.76 Special Assessments: $ 0.00 Borrower (if applicable): Gabossi, Roc A. 5 co Current Owner of Record: Gabossi, Roc A. & Mary A. Occupant: FProperty 1 1 Owner • Tenant • Vacant • Manufactured Housing Type: /4 SFR • 2-4 Family 0 # of Units: One+ Ownership Restriction: Z None ❑ PUD • Condo ■ Coop Market Area Name: Canyon Creek Map Reference: 2123-352-00-185 Census Tract: 9519.00 ❑ Flood Hazard N1ENT The purpose of this appraisal is to develop an opinion of: Lei, Market Value (as defined), or • other type of value (describe) This report reflects the following value (if not Current, see comments): 1 Current (the Inspection Date is the Effective Date) • Retrospective LI Prospective Approaches developed for this appraisal: EI Sales Comparison Approach ❑ Cost Approach ❑ Income Approach • Other: Property Rights Appraised: Fee Simple ❑ Leasehold [] Leased Fee ❑ Other (describe) 2 N Q Intended Use: To develop an opinion of Market Value to assist owner in land split. Under USPAP Standards Rule 2-2(c), this is a Restricted Use Appraisal Report, and Is Intended only for the sole use of the named client. There are no other intended users. The client must clearly understand that the appraiser's opinions and conclusions may not be understood properly without additional information in the appraiser's work file. Client: Gabossi, Roc A. Address: 44523 Hwy 6 & 24, Glenwood Springs, CO 81601 Appraiser: Matt Elliott Address: 593 Birchwood Ct., Fruita, CO 81521 3ARISON APPROACH FEATURE SUBJECT COMPARABLE SALE # 1 COMPARABLE SALE # 2 COMPARABLE SALE # 3 Address 44523 Highway 6 & 24 Glenwood Springs, CO 81601-97 1887 County Road 237 Silt, CO 81652 1501 County Road 245 New Castle, CO 81647 46233 Hwy 6 & 24 Glenwood Springs, CO 81601 Proximity to Subject 11.04 miles W 4.95 miles W 1.24 miles E Sale Price $ Market Value $ 480,000 $ 550,000 $ 485,000 Sale Price/GLA $ N/A/sq.ft. $ 408.16 Agit. $ 251.601sq.ft. $ 293.941sq.tt. Data Source(s) Inspection Garfield County Assessor Garfield County Assessor Garfield County Assessor Verificalion Source(s) County Records MLS # 110464 - 513 DOM MLS # 113012 - 249 DOM MLS # 113148 - 55 DOM VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION +(-) $ Adjust. DESCRIPTION +(-) $ Adjust. DESCRIPTION +(-) $ Adjust. Sales or Financing Concessions NIA NIA Cash None Known Conventional None Known Cash None Known Date of Sale/Time N/A 09/09/2010 05/13/2010 11/16/2009 Rights Appraised Fee Simple Fee Simple Fee Simple Fee Simple Location Suburban Suburban Suburban Suburban Site 20.22 Acres 3.52 Acres +83,500 4.14 Acre +80,500 9.06 Acres +56,000 View Res/Mtns Res/Mtns Res/Mtns Res/Mtns Design (Style) Ranch/Bmt RanchlBmt Ranch RanchlBmt Quality of Construction Frame Frame Frame Frame Age 111 Years 28 Years 5 Years 12 Years Condition Average Average Average Average Above Grade Total Sdrms Baths Total Bdrms Baths Total Bdrms Baths Total Bdrms Baths Room Count 9 3 2.00 4 2 2.00 7 3 2.00 7 4 2.50 _ Gross Living Area 1 413 sq.N. 1 176 sq.ft.' +7,110 2 186 sq.ft. -23,190 1,650 sq.ft. -7,110 _ E y Lu Basement & Finished Rooms Below Grade 1,662 Sf/Finishd See Sketch 960 Sf/Finished Included Above +3,030 Stemwall N/A +24,930 1560 Sf/Finished Included Above +1,530 Functional Utility Average Average Average Average 4 'U HeatinglCoohng EIctBB/None EIc1BBINone FANGICentral InFlrRadnt/None Energy Efficient hems Std Insulation Std Insulation Std Insulation Std Insulation Garage/Carport None 2 -Car Detached -8,000 2 Car Attached -8,000 2 Car Attached -8,000 Porch/Patio/Deck PrchfPtas2ICvrDeck Porch/Patio +3,000 Prch/Pto/Deck +2,000 Prch/Pto/Deck +2,000 Stove/Fireplace Gas Fireplace -2 Wood Stove +2,000 Gas Fireplace +2,000 Gas Fireplace +2,000 Additional Dwelling Yes - Not Included None None None Net Adjustment (Total) 1 + ❑ - $ 90,640 + ❑ • $ 78,240 Z + ■ $ 46,420 Adjusted Sale Price of Comparables Net 18.9 % Gross 22.2% $ 570,640 Net 19.2 % Gross 25.6 % $ 628,240 Net 9.6 %, Gross 15.8 % $ 531,420 Summary of Sales Comparison Approach See Attached Addenda GP RESTRICTED Copyright© 2010 by a !a mode, inc. This form may be reproduced unmodified without written permission, however, ala mode, Inc must be acknowledged and credited. Form GPRTD LT—"WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODE 5)2010 IMain Fee No. M10100211 Page #5 RESTRICTED USE APPRAISAL REPORT FIIeNo.: M1010021 cc My researches did ❑ did not reveal any prior sales or transfers of the subject property for the three years prior to the effective date of this appraisal. Data Source(s): Garfield County Assessors and Garfield County MLS G 1st Prior Subject Sale/Transfer Analysis of sale/transfer history and/or any listing in the last 36 months. The current agreement of sale/isting: The subject has had no prior sales or TRANSFER HIS1 Date: July 7, 2009 subject was transferred by an agreement on 09/17/2010 between the Price: 0.00 - Deed owners and the Wagner's, a $0.00 Deed on 07/07/2009 and and easement on 06/29/2009. It must be Source(s): Garfield County Assessor noted that the deed did not transfer the owners name and the easement was granted to Public Service for a detached home currently in the process of being built. To the best of the appraisers knowledge no comparables have been sold or listed within the previous 12 months of the most recent sale. 2nd Prior Subject Sale/Transfer Date: April 18, 2001 Price: 0.00 - Quit Claim Deed Source(s): Garfield COunty Assessor MARKET !SITE/IMPROVEMENTS Subject Market Area and Marketability: See Attached Addenda. Site Area: 20.22 Acres Site View: Residential/Mountains Topography: Rear/Mtns Front/Pasture Drainage: Appears Adequate Zoning Classification: Rural Description: Rural (see addenda) Zoning Compliance: I / Legal • Legal nonconforming (grandfathered) ❑ Illegal ■ No zoning Highest & Best Use: ./ Present use, or Actual Use as of Effective Date: Residential • Other use (explain) Use as appraised in this report: Residential Opinion of Highest & Best Use: Residential FEMA Sped Hood Hazard Area ❑ Yes jI11 No FEMA Flood Zone D FEMA Map # 0802051020B FEMA Map Date 8/2/2006 Site Comments: Appraiser was not furnished a copy of survey or title report. There were no apparent adverse easements, encroachment, or other adverse conditions. Typical utility easements are assumed. Improvements Comments: See Attached Addenda. RECONCILIATION Indicated Value by: Sales Comparison Approach $ 540,000 Indicated Value by: Cost Approach (if developed) $ Not Developed Indicated Value by: Income Approach (if developed) $ Not Developed Final Reconciliation As typical buyers do not consider income flow for a single family property, Income Approach not used. Market best represents actions of buyers/sellers and was given most credence. Cost Approach was not developed as it was deemed not to be neccessary based upon the clients requested Scope of Work. This appraisal is made E) "as is", ❑ subject to completion per plans and specifications or alterations on the basis of a Hypothetical Extraordinary Assumption that the condition and heating systems are in working on the basis of a Hypothetical Condition that the improvements have been Condition that the repairs or alterations have been completed, ❑ subject to or deficiency does not require alteration or repair: Appraisal assumes that completed, • subject to the following repairs the following required inspection based on the all mechanical, plumbing, electrical, order.Also assumes that there are no hidden defects in the overall 1''.1 This report is also subject to other Hypothetical Conditions and/or Extraordinary Assumptions as specified in the attached addenda. Based on the degree of inspection of the subject property, as indicated below, defined Scope of Work, Statement of Assumptions and Limiting Conditions, and Appraiser's Certifications, my (our) Opinion of the Market Value (or other specified value type), as defined herein, of the real property that is the subject of this report is: $ 540,000 , as of: October 13, 2010 , which Is the effective date of thls appraisal. 11 indicated above, this Opinion of Value is subject 10 Hypothetical Conditions and/or Extraordinary Assumptions included In this report. See attached addenda. 1ATTAC H MENTS1 A true and complete copy of this report contains properly understood without reference to the Attached Exhibits: 29 pages, including exhibits which are considered an integral part of the report. This appraisal report may not he information contained in the complete report. Cond./Certifications iXI Narrative Addendum Sales ❑ Cost Addendum Assumptions ❑ EI Scope of Work ►� Lirreeting M Photograph Addenda 5 Sketch Addendum M Map Addenda IN Additional W Flood Addendum ■ Manui. House Addendum 5 Hypothetical Conditions /1 Extraordinary ■ Ei 11 SIGNATURES Client Contact: Gabossi, Roc A. Client Name: Gabossi, Roc A. E -Mail: rocky(pitkiniron.cam Address: 44523 Hwy 6 & 24, Glenwood Springs, CO 81601 APPRAISER �tr/fA� jj jj CC lftcvt-r , _1 @i- it Appraiser Name; Matt Elliott SUPERVISORY APPRAISER (if required) or CO -APPRAISER (If applicable) Supervisory or Co -Appraiser Name: Company: Bookcliff Appraisal Services, Inc. Company: Phone: (970) 639-2598 Fax: (509) 562-7169 Phone:_ Fax: E -Mail: musicman04@bresnan.net _ E -Mail: Dale of Report (Signature): November 15, 2010 Date of Report (Signature): License or Certification #: CR -40040964 State: CO License or Certification #: State: Designation: N/A Designation: Expiration Date of License or Certification: Inspection of Subject: Li Interior & Exterior Date of Inspection: October 12/31/2011 Expiration Date of License or Certification: 11 Exterior Only ❑ None _ Inspection of Subject: ❑ Interior & Exterior ❑ Exterior Only • None 13, 2010 Date of Inspection: 2010 by a la made, inc. This farm may be reproduced unmodified without written permission, however, a la made, Inc. must be acknowledged and credited. GPRTD LT — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODE 5/2010 G P RESTRICTED Copyright@ Form Main File No. M10100211 Pace #6 ADDITIONAL COMPARABLE SALES File No.: M1010021 SALES COMPARISON APPROACH FEATURE 1 SUBJECT COMPARABLE SALE #4 COMPARABLE SALE #5 COMPARABLE SALE #6 Address 44523 Highway 6 & 24 Glenwood S.rings, CO 81601-97 1808 County Road 245 New Castle, CO 81647 Praximily to Subject 5.15 miles W Sale Price $ Market Value $ 42.0,000 $ $ Sale Price/GLA $ N/A/sq.ft. $ 222.93 /sq.ft. $ /sq.ft. $ /sq.tt. Data Source(s) Inspection Garfield County Assessor Verification Source(s) County Records MLS # 112668 - 74 DOM VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION +(-) $ Adjust. DESCRIPTION +(-) $ Adjust. DESCRIPTION +(-) $ Adjust. Sales or Financing Concessions N/A N/A Conventional None Known Date of Sale/Time N/A 10/27/2009 Rights Appraised Fee Simple Fee Simple Location Suburban Suburban Site 20.22 Acres 2.0 Acres +91,000 Yew Res/Mtns Res/Mtns Design (Style) Ranch/Bmt Ranch/Bmt Quality of Construction Frame Frame Age 111 Years _ 12 Years Condition Average Average Above Grade Total Bdrms Baths Total Bdrms Baths Total Bdrms Baths Total Bdrms Baths Room Count 9 1 3 2.00 7 1 3 2.50 -3,000 Gross Living Area 1 413 sq.ft. 1 884 sq.ft. -14,130 sgft. sq.ft. Basement & Finished Rooms Below Grade 1,662 Sf/Finishd See Sketch 845 Sf/Finished N/A +12,255 Functional Utility Average Average Heating/Cooling ElctBB/None EIctBB/Evap -1,000 Energy Efficient Items Std Insulation Std Insulation Garage/Carport Norte 3 Car Attached -12,000 Porch/Patio/Deck PrchlPtos2ICvrDeck PrchlPto/CvrDk +1,500 Stove/Frreptace Gas Fireplace -2 Gas Fireplace 2 Additional Dweling Yes - Not Included None Net Adjustment (Total) M + ❑ - $ 74,625 • + ❑ - $ ❑ + ■ - $ Adjusted Sale Price of Comparables Net 17.8 % Gross 32.1 % $ 494,625 Net % Gross % $ Net %, Gross % $ Summary of Sales Comparison Approach N/A GP RESTRICTED Copyright@ 2010 by a la mode, Inc. This farm may be reproduced unmodified without written permission, however, a la made, inc. must be acknowledged and credited. Form GPRTD_LT.(AC) — "WinTOTAL" appraisal software by ala mode, inc. — 1-800-ALAMODE 5/2010 Assumptions & Limiting Conditions Pain File No. M10100211 Page #] FileNo.: M1010021 GP RESTRICTED Copyright© 2007 by a la mode, inc. This form may he reproduced unmodified *Moot written penrissicn, however, a la mode, inc. must he acknowledged and credited. Form GPRTDAD_.T — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODE 3/2007 Property Address: 44523 Highway 6 City: Glenwood Springs State: CO Zip Code: 81601-9784 Client: Gabossi, Roc A. Address: 44523 Hwy 6 & 24 Glenwood Springs, CO 81601 Appraiser: Matt Elliott Address: 593 Birchwood Ct., Fruita, CO 61521 STATEMENT OF ASSUMPTIONS & LIMITING CONDITIONS — The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to ft. The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of it being under responsible ownership. — The appraiser may have provided a sketch in the appraisal report to show approximate dimensions of the improvements, and any such sketch is included only t0 assist the reader of the report in visualizing the property and understanding the appraiser's determination of its size. Unless otherwise indicated, a Land Survey was not performed. — It so indicated, the appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. — The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand. — If the cost approach is included in this appraisal, the appraiser has estimated the value of the land in the cost approach at its highest and best use, and the improvements at their contributory value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used. Unless otherwise specifically indicated, the cost approach value is not an insurance value, and should not be used as such. — The appraiser has noted in the appraisal report any adverse conditions (including, but not limited to, needed repairs, depreciation, the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property, or that he or she became aware of during the normal research involved in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property, or adverse environmental conditions (including, but not limited to, the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property. The appraiser will not be responsible for any such conditions that do exist or far any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the property. — The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were furnished by other parties. — The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice, and any applicable federal, state or local laws. — If this appraisal is indicated as subject to satisfactory completion, repairs, or alterations, the appraiser has based his or her appraisal report and valuation conclusion on the assumption that completion of the improvements will be performed in a workmanlike manner. — An appraiser's client is the party (or parties) who engage an appraiser in a specific assignment. Any other party acquiring this report from the client does not become a party to the appraiser -client relationship. Any persons receiving this appraisal report because of disclosure requirements applicable to the appraiser's client do not become intended users of this report unless specifically identified by the client al the time of the assignment. — The appraiser's written consent and approval must be obtained before this appraisal report can be conveyed by anyone to the public, through advertising, public relations, news, sales, or by means of any other media, or by its inclusion in a private or public database. — An appraisal of real property is not a 'home inspection' and should not be construed as such. As part of the valuation process, the appraiser performs a non-invasive visual inventory that is not intended to reveal defects or detrimental conditions that are not readily apparent. The presence of such conditions or defects could adversely affect the appraiser's opinion of value. Clients with concerns about such potential negative factors are encouraged to engage the appropriate type of expert to investigate. GP RESTRICTED Copyright© 2007 by a la mode, inc. This form may he reproduced unmodified *Moot written penrissicn, however, a la mode, inc. must he acknowledged and credited. Form GPRTDAD_.T — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODE 3/2007 Definitions & Scope of Work Ntain File No. M1010021 Page J FlleNo.: M1010021 Properly Address: 44523 Highway 6 Client: Gabossi, Roc A. City: Glenwood Springs State: CO Zip Code: 81601-9784 Address: 44523 Hwy 6 & 24 Glenwood Springs, CO 81601 Appraiser: Matt Elliott Address: 593 Birchwood Ct., Fruita, CO 81521 DEFINITION OF MARKET VALUE *: Market value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated; 2. Both parties are well informed or well advised and acting in what they consider their own best interests; 3. A reasonable time is allowed for exposure in the open market; 4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and 5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. * This definition is from regulations published by federal regulatory agencies pursuant to Title Xt of the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) of 1989 between July 5, 1990, and August 24, 1990, by the Federal Reserve System (FRS), National Credit Union Administration (NCUA), Federal Deposit Insurance Corporation (FDIC), the Office of Thrift Supervision (OTS), and the Office of Comptroller of the Currency (OCC). This definition is also referenced in regulations jointly published by the OCC, OTS, FRS, and FDIC an June 7, 1994, and in the Interagency Appraisal and. Evaluation Guidelines, dated October 27, 1999. The Scope of Work is the type and extent of research and analyses performed in an appraisal assignment that is required to produce credible assignment results, given the nature of the appraisal problem, the specific requirements of the intended user(s) and the intended use of the appraisal report. Reliance upon this report, regardless of how acquired, by any party or for any use, other than Those specified in this report by the Appraiser, is prohibited. The Opinion of Value that is the conclusion of this report is credible only within the context of the Scope of Work, Effective Date, the Date of Report, the Intended User(s), the Intended Use, the stated Assumptions and Limiting Conditions, any Hypothetical Conditions and/or Extraordinary Assumptions, and the Type of Value, as defined herein. The appraiser, appraisal firm, and related parties assume no obligation, liability, or accountability, and will not be responsible for any unauthorized use of this report or its conclusions. Under USPAP Standards Rule 2-2(c}, this is a Restricted Use Appraisal Report, and is intended only for the sole use of the named client. There are no other intended users. The client must clearly understand that the appraiser's opinions and conclusions may not be understood properly without additional information in the appraiser's work f ile. In developing this appraisal, the appraiser has incorporated only the Sales Comparison Approach. The appraiser has excluded the Cost and Income Approaches to Value, due to being inapplicable given the limited scope of the appraisal. The appraiser has determined that this appraisal process is not so limited that the results of the assignment are no longer credible, and the client agrees that the limited scope of analysis is appropriate given the intended use. Additional Comments (Scope of Work, Extraordinary Assumptions, Hypothetical Conditions, etc.): GP RESTRICTED Copyrighl© 2007 by a la mode, inc. This farm may he reproduced unmodified without written permission, however, a la made, inc. must be acknowledged and credited. Form GPRIDAD_LT — "WinTOTAL" appraisal software by a la moe, inc. --- 1-$00-ALAMO01: 3/2007 Certifications [Main Fife No. M10100211 Page #j FIleNo.: M1010021 GP RESTRICTED Copyright() 2007 by a la mode, inc. This torm may be reproduced unmodified without written permission, however, a la mode, inc. must be acknowledged and credited. Form GPRTDADLT — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODE 3/2007 Properly Address: 44523 Highway 6 City: Glenwood Springs State: CO Zip Code: 81601-9784 Client: Gabossi, Roc A. Address: 44523 Hwy 6 & 24 Glenwood Springs, CO 81601 Birchwood Ct., Fruita, CO 81521 Appraiser: Matt Elliott Address: 593 APPRAISER'S CERTIFICATION I certify that, to the best of my knowledge and belief: — The statements of fact contained in this report are true and correct. — The credibility of this report, for the stated use by the stated user(s), of the reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. — I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. — I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. — My engagement in this assignment was not contingent upon developing or reporting predetermined results. — My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. — My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice that were in effect at the time this report was prepared. -- I did not base, either partially or completely, my analysis and/or the opinion of value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property, or of the present owners or occupants of the properties in the vicinity of the subject property. — Unless otherwise indicated, I have made a personal inspection of the property that is the subject of this report. — Unless otherwise indicated, no one provided significant real property appraisal assistance to the person(s) signing this certification. — Unless otherwise indicated, I have performed no services regarding the subject property within the prior three years, as an appraiser or in any other capacity. Additional Certifications: 1 SIGNATURES Client Contact: Gabossi, Roc A. Client Name: Gabossi, Roc A. E -Mail: rocky@pitkiniron.com Address: 44523 Hwy 6 & 24 Glenwood Springs, CO 81601 APPRAISER ,irat,,,° 5 aid! Appraiser Name: Matt Elliott SUPERVISORY APPRAISER (if required) or CO -APPRAISER (11 applicable) Supervisory or Co -Appraiser Name: Company: Bookclitt Appraisal Services, Inc. Company: Phone: (970) 639-2598 Fax: (509) 562-7169 Phone: Fax E -Mail: musicman04@bresnan.net E -Mail: Date Report Signed: November 15, 2010 Date Report Signed: License or Certification #: CR -40040964 State: CO License or Certification #: State: Designation: NIA Designation: Expiration Date of License or Certification: 12/31/2011 Expiration Date of License or Certification: Inspection of Subject: ❑ Interior & Exterior ► Exterior Only [ 1 None Inspection 01 Subject: • Interior & Exterior n Exterior Only [J None Dale of Inspection: October 13, 2010 Dale of Inspection: GP RESTRICTED Copyright() 2007 by a la mode, inc. This torm may be reproduced unmodified without written permission, however, a la mode, inc. must be acknowledged and credited. Form GPRTDADLT — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODE 3/2007 Supplemental Addendum Main File No. M1010021J Page #10 File No. M1010021 Borrower/Client Gabossi, Roc A. Property Address 44523 Highway 6 City Glenwood Springs County Garfield Slate CO Zip Code 81601-9784 Lender Gabossi, Roc A. .GP - Restricted: Purpose of this Appraisal The purpose of this appraisal is to estimate the market value of the property described in this appraisal report, as improved, in unencumbered fee simple title of ownership. .GP - Restricted: Scope of Work The Scope of this appraisal is to perform the research and analysis to arrive at a well supported opinion of value. The data collected during the research and analysis phase Es then used to extract the market data used for the development of the appropriate approaches to value as needed to satisfy the scope of work of the appraisal. An inspection of the subject property and environment in which itis located. The public records were researched for information on ownership, real estates assessments, real estates taxes, utilities availability, and zoning regulations. The appraiser has examined all available, appropriate public records, multiple listing services, and if applicable, the appraisers own records to obtain comparable information utilized in this report. Where possible, all information has been verified with the public records, builder, real estate agents, drive-by inspections of the exteriors of each comparable, and if appropriate with the property owner. Other data, such as census tracts, flood zone data, and legal descriptions have been taken from official local, state, and federal government records, data maps, or other sources identified in this report. In the case of new construction, all subject property improvements are by plans and specifications supplied by the builder and verified by a visit to the subject's site to inspect the improvements if they are partially existing. The data is also verified with the site agent, builder, and/or the appraisers own observations. During the course of the research, every possible effort was made to verify information through public records, proprietary records, property owners, real estate agents, and the appraisers own observations. The most pertinent data, in the appraisers opinion, was assembled and analyzed in relation to the subject property. This information and analysis was then processed into the final opinion of market value for the subject property used widely accepted appraisal principles and practices. This Scope of Work is in accordance with the Uniform Standards of appraisal Practice (USPAP), and in accordance with the client's supplemental standards. The use of any approach to value si based on the appraisers market research and knowledge that such an approach is required to provide a credible appraisal report. Mechanical Systems and Undisclosed Conditions: The subject properties mechanical systems were not checked by the appraiser. This appraisal has been completed under the extraordinary assumption that all mechanical systems (i.e. electrical, plumbing, heating, cooling, etc.) were in working order as of the effective date of this appraisal, unless obvious deficiencies were noted during the walk through inspection on 12/2009 and the exterior inspection on 10/13/2010, and noted in this report. The appraisers inspection was limited to viewing those portions of the home/property which are clearly visible from the ground or floor level and did not include an inspection of the subject's crawl space, attic, or other areas that would not be visible to the typical visitor to the home. This appraisal has been completed under the extraordinary assumption that there are no adverse conditions or defects which would be disclosed only by inspection of those areas which are not visible to the typical visitor. Although the appraiser did not complete and tests of the subject's mechanical systems or inspect non-visible areas in close detail, there were no readily apparent signs of structural deficiencies or mechanical system failures noted during the visual inspection (e.g. damage from plumbing leaks, lacks of electrical power, lack of heat, lack of water etc.). .GP - Restricted: Intended User The Intended User of this appraisal report is Gabossi. Roc A. The intended use is to evaluate the property that is the subject of this appraisal for an opinion of Market Value, subject to the stated Scope of Work, purpose of the appraisal, reporting requirements of this appraisal report form and the definition of Market Value. No additional intended users are identified by the appraiser. This appraisal is made solely for the client of Bookcliff Appraisal Services, Inc. The purpose of the appraisal is to estimate the market value of the subject property as of the date of the appraisal. The appraiser has inspected the interior and exterior on 12/2009 and an exterior only inspection on 10/13/2010, of the subject and has made an exterior inspection of the comparable sales used in the report, unless otherwise indicated. The inspection does not constitute a home inspection. A qualified home inspection should be obtained if there are questions concerning the condition of mechanical, plumbing, electric, or structural components of the subject. All sales have been researched and verified by local data sources. Whenever possible the brokers involved with the sales transactions are contacted to verify information and to obtain additional data concerning the sales. All information obtained by local data sources is deemed to be reliable and true, but is not guaranteed. Adjustments are made in the market grid to reflect differences discernible in the marketplace. Items that have no impact upon value are not included in Supplemental Addendum Main File No. M1010021 Page #11 File No. M1010021 Borrower/Client Gabossi, Roc A. Property Address 44523 Highway 6 County Garfield Stale CO Zip Code 81601-9784 City Glenwood Springs Lender Gabossi, Roc A. the market grid, i.e.: disposable or old appliances with no value. Items such as whirlpool tubs or wetbars may or may not be individually adjusted for, they may be considered in the over-all quality of construction rating. Site adjustments generally reflect differences in the land values, landscaping, and view amenities. When reconciling a final estimate of value all pertinent factors are weighed including, but not limited to, the range of indicated values of the comparable sales, the strength of the comparable sales, the cost approach and its reliability, the income approach when applicable, competing listings, and general market conditions. Generally reproduction costs are used for properties ten years old or newer and replacement costs are used for properties over ten years old. Appraised values can differ significantly from actual sale prices, and sale prices may be inconsistent. Real estate appraisers sometimes differ widely in their opinions of value. Appraisers, like buyers and sellers, do not know everything about the property, the market, or the many other considerations that might influence the value. Differences sometimes result from a client presenting the property in a very positive or negative light especially if there is no data to the contrary. Situations under which properties sell can vary depending on management of the property, various motives of the seller and buyer, information they may or may not have about the property, salesmanship, and numerous other reasons. An appraisal is only an opinion --a sale is a fact. .GP - Restricted: Digital Signature Statement 1 attest that the digital signature used in this report is that of my own. Digital signatures are ASB (Appraisal Standards Board) and USPAP (Uniform Standards of Professional Appraisal Practice) compliant as long as they meet the following two requirements: 1.) The report must transmit in its entirety. 2.) They are secure and the report can not be altered in any way after it has been signed. Both of these conditions have been met using the current appraisal software by Alamode. •GP - Restricted: Additional Comments 1. The appraiser or appraisers of this property adhere to the Uniform Standards of Professional Appraisal Practice. This appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of the loan. USPAP also states: "An appraiser must not allow assignment conditions or other factors to limit the extent of research or analysis to such a degree that the resulting opinions and conclusions developed in an assignment are not credible in the context of the intended use of the appraisal." 2. The appraiser measured the subject property on 12/2009, and the Gross Living Area (GLA) may be different than the GLA indicated by the builder's plans or the assessor records. This is typical, and may be due to differences in construction materials, plan variations, measuring techniques or rounding. The subject property GLA indicated in the Sales Comparison Approach is the GLA provided by the appraisers exterior measurements. The sketch and measurements shown in this report are approximate and not intended to be exact nor drawn to scale. They are to be used to assist the reader in visualizing the appraisers determination of the subject's size. 3. The word "average is used in several places within this report. As used in this report, the context of the word implies that what is being described is "average" for the style, amenity, size, and area of what is being described. What is being described as "average" does not necessarily mean that it is "average" for ALL areas. For example, a million dollar house could and would not be described as "average" when comparing it to a two hundred thousand dollar property. However, solid granite counter tops would be considered an "average" amenity in a million dollar home and not an upgrade, while the same counter tops would definitely be considered an over -improvement in a two hundred thousand dollar home, unless the appraiser has knowledge that this improvement is a common upgrade for the subject's immediate area. 4. In the "Present Land Use" area on page 1 any indicated percentage other than "0" implies vacant land that has not been improved upon. This land could include, but is not limited to, and or a combination of the following: vacant lots within a subdivision, parks, green / common areas, or acreage. 5. The subject was marked as being "suburban" rather than rural since most residents commute back and forth to work on a daily basis as so do all their neighbors. None of them make a living off of the land they own. Since the residents do commute appraiser calls this "suburban". Appraiser is fully aware that this definition does not fit the normal subdivision definition as some subdivision an the outskirts of a large metropolitan area such as New York City, Chicago, etc. The subject's zoning classification is Rural. This is a blanket zoning for the majority of residential areas in Garfield County not located in the various city/town limits in Garfield County. Supplemental Addendum Main File No. M1010021 Paoe #121 File No. M1010021 Borrower/Client Gabossi, Roc A. Property Address 44523 Highway 6 City Glenwood Springs County Garfield State CO Zip Code 81601-9784 Lender Gabossi, Roc A. 6. On this date, 1111512010, per the clients request this report was amended as he requested that the improved and unimproved acreage values be separated. The owner did supply the appraiser with a survey of the entire 20.22 acres that shows it is in the process of being subdivided into 4 separate parcels. The appraiser valued the subject site as one lum sum acreage of 20.22 acres. The subject and site improvements encompass 5+ acres of the 20.22 acres, and the house on the north-west corner of the site has a building envelope of 1.03 acres. This leaves 14.19 acres of undeveloped land, approximately. The unimproved acreage has an approximate market value of $210,000 and the improved acreage has an approximate market value of 330,000. It must be noted that the individual vacant lots are worth more than the entire site combined. The appraiser did not give values for the individual lots as it was beyond the original Scope of Work. To determine values for the individual lots would require appraisals of each lot separately. .GP - Restricted: Digital Images Digitized images, such as photographs, maps, exhibits, etc. are unaltered from their original likeness. Digitized images may have been modified for formatting, brightness, or resolution. These modifications are to reduce file size or enhance readability and do not manipulate the original likeness. .GP - Restricted: File Photos Some of these photos are "file" photos. The appraiser routinely uses file photos after the subject has been driven by and visually inspected. The photos included are a true and accurate representation of the comparables as viewed by the appraiser. .GP - Restricted: Lot Dimensions Appraiser routinely checks with either the county assessor's office or the county planning department for both the size and the current zoning for the subject property. In most instances the exact dimensions are not listed in the various county database...the dimensions have already been converted into either total square footage or into acre(s). In some cases, especially city lots that are true squares or rectangles, the dimensions are listed. When the exact dimensions are listed in the various county databases appraiser will also list them on the report. If they are not listed, a statement such as "exact dimensions are not available" will be listed. This does not imply that appraiser did not search for this information...it only means that they were not available doing the customary research of the subject. USPAP does not require that a search actually reveal these numbers as they are only a means to obtain the site size (which is the ultimate goal)...and if the site size is available during the normal course of research, then the requirements have been completed. The appraiser relies on the accuracy of the county governmental agencies that handle such data to be true and complete. .GP- Restricted: Easements Any easement, restrictions, or covenants uncovered through the title search are to be submitted to the appraiser for consideration. The appraiser reserves the right to analyze all such information and amend the appraisal value, if necessary. • GP Restricted : Neighborhood - Description The subject is located in the Spring Creek area west of the City of Glenwood Springs and east of the Town of New Castle. The immediate neighborhood is comprised of single family homes, multi -family homes, commercial entities, and vacant land. Homes are typically ranch and multi-level in design in average to very good condition. The City of Glenwood Springs has an estimated 2008 population of 9053 residents. This is an increase of 17.0% from the 2000 population of 7736. During the 1990's the City of Glenwood Springs has an increase of 16.2% or approximately 1081 residents. The City of Glenwood Springs sits in a valley, with the Roaring Fork River running through the east end of town and draining into the Colorado River in the west end of town. The City of Glenwood Springs covers approximately 4.80 square miles. The Town of New Castle covers approximately 2.33 square miles and has an estimated 2008 population of 3796 residents. This is an increase of 91.3% from the 2000 population of 1984. During the 1990's the Town of New Castle had an increase of 175.9% or 1265 residents. The Town of New Castle was the fastest growing community in Garfield County, this growth is due to several factors. The first and primary factor was that housing was relatively affordable, and the Town of New Castle is close to the City of Glenwood Springs and Aspen, two primary employment centers in this area. The second factor is the natural gas boom in Garfield County and the high demand for affordable housing for the workers in this industry. This boom has slowed over the prior 18+ months due in part to the national economic crisis, in part to lower energy costs, and also in part to new state regulations that slowed the natural gas boom in this area of Garfield County. Shopping, schools, employment centers, recreational facilities and medical care are all located within 3 - 8 miles of the subject which is typical for this suburban area. The immediate area is comprised of single family homes (new to 100+ years). .GP - Restricted: Tax Liability The tax liability listed on page one of this report is the 2010 estimated tax using the 2009 mill levy. .GP - Restricted: Zoning Description Rural (R). The Rural Zone District is comprised of the County's rural residential areas, agricultural resource lands, agricultural production areas and natural resource areas. Uses, densities and standards established for this zone district are intended to protect the existing character of the area from uncontrolled and unmitigated residential, commercial and industrial use. The zone district provides for the use of natural resources, recreational development, rural residential and other uses. Supplemental Addendum {Main File No. M10100211 Pape #13I File No. M1010021 Borrower/Client Gabossi, Roc A. Property Address 44523 Highway 6 City Glenwood Springs County Garfield State CO Zip Code 81601-9784 Lender Gabossi, Roc A. Lot and Building Requirements. 1. Lot Size. a. Minimum Lot Area: 2 acres b. Maximum Lot Coverage, Residential Use: 15% 2. Minimum Setbacks. a. Front Yard (measured from front lot line): Arterial Street 50' Local Street 25' b. Side Yard: 10' or 1/2 of building height, whichever is greater c. Rear Yard: 25' 3. Maximum Building Height: 40' non residential structures 25', residential structures .GP - Restricted: Highest and Best Use The existing use is among those uses deemed legally permissible, physically possible, and financially feasible and is considered the most profitable use for the subject site as improved. Thus, the current use us considered an adequate expression of the concept of "Highest and Best Use as Improved". Further, it is my opinion that there are no legally permissible uses that would economically justify the removal of the existing improvement at this time. • GP Restricted: Improvements - Comments The subject is an older ranch style farm house with a full finished basement. The borrower has converted the main floor and the basement level in to two separate living areas. The main floor consists of a living room, dining room, 2 bedrooms, kitchenldining area, laundry room, full bath and sun room. This area of the home has had some interior remodeling and updating. This area in not being used as a rental area as it is currently occupied by the borrowers adult child. The basement has been completely remodeled and update over the prior 4+ years. The basement contains a large forey, full bath, laundry room, kitchen/dining area, office, living room, and bedroom. The borrower currently occupies the basement level as the primary residence. Both levels of this home use the same electrical service, well, septic, and the same propane tank. They also share the same street address. The borrower has recently finished building a detached 1 1I2 story home, that is approximately 1500+ square feet, on the rear portion of the subject site. This building will contains a living room, kitchen/dining area, laundry room, 2 bedrooms, and 2 full baths. This structure is permitted by the current zoning regulations and 1500+ square feet is the largest an accessory unit as can be built. This home is supplied by it's own well, septic, and electrical service. The appraiser did not give any value to this structure as of the effective date of this report it is is not common in the area to have two separate buildings used a living quarters on one parcel and there is limited sales data to determine a market reaction. The appraiser did include photos of this building for reference. • GP Restricted : Sales Comparison Analysis - Summary of Sales Comparison Approach All comparables are located in the same or as similar competing areas to the subject in this area of Garfield County. Each was considered as similar in quality, size, condition, and amenities as could be located on the Garfield County MLS and the Garfield County Assessors web site. The real estate market in this area of Garfield County has slowed significantly over the prior 18+ months. This slow down is due to the slow down in the natural gas industry. This industry brought people in from across the nation for employment. As this industry slowed people began to leave the area due to job loss or relocation. This decreased demand for housing has increased marketing times and reduced list prices and sales prices. The appraiser did not make a negative time adjustment to the dated sales used in this report as the actual sales prices for homes similar to the subject appear to be relatively stable. The appraiser included several graphs for the subject's zip code. Comparables 1 -4 are sales of homes as similar to the subject's total GLA (both above grade and below grade) as could be located. Due to the slow down in the real estate market, the appraiser did have to expand the search criteria to include homes newer in actual age and homes that are situated on smaller lot sizes than the subject. The appraiser did search the available databases for home sales similar in age and lot size. Sales of homes similar in age were located in the City of Glenwood Springs and the Town of New Castle, but as they are situated on much smaller city lots they were not deemed to be comparable. The appraiser was unable to locate any sales in the prior 12 months of homes on similar or larger lot sizes than the subject. The appraiser did not expand the search criteria over the 12 month time frame as the market conditions were vastly different in comparison to the current market conditions. The subject's site size in not uncommon for this area but sales of homes on similar or larger lot sizes are rare as the owners of these lot typically enjoy the privacy and semi -seclusion associated with these lots. The subject is atypical in the way it is configured. The borrowers live in the remodeled and updated basement level, and have an adult child living in the above grade portion. It is more common that the above grade GLA be used as the primary residence and the basement to be used as the accessory unit. The appraiser also search the available databases for sales of homes with accessory units, and located comparable 4. Per the MLS datasheet for this comparable, the basements square footage is currently configured and used as an accessory unit. Homes with accessory units in this area of Garfield County are typically larger (3000+ square foot) custom built homes that are not sold with a high frequency are they built to the owners specifications [Main File No. M10100211 Page #141 81601 Home Sales - City-Data.com Page 1 of Ccunt 500 450 300----- 250 200 Home Sales in Zip Code 81601 P1'41 ----5500,000 1450,000 (000 ......._.. S400,000 5350,000 Poopao S250,000 $200,000 -$150,000 $100,000 m' Moly Rice 550,000 100-��- 50 - Cantot Home Saes per armei. OTE r r41. ".. eYT#.1 T T V 01Q2Q3Q4Q1Q203EQ4Q102QSQ4010203Q4Q1020304Q102 2005 2006 2007 2008 2009 2010 http://pics4.city-datacom/ztrends/81601.png 10/15/2010 Form SCNLTR — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODE [Main File No. Mi010O21 Pane #15 81601 Home Sales - RealtyTrac.com Average Sales Price - 81601 Average Sales Price ■ Average Foreclosure Sales Price Average Sales Price $500.000 $400.000 $300,000 $200.000 — $100.000 ----____._ 1 2009 —D 1 2010 Form SCNLTR -- "WinTDTAL" appraisal software by a la mode, inc. —1-800-ALAMODE [Main File No. M10100211 Page #1 81601 Home Sales - Trulia.com Glenwood Springs, 81601 Market Trends Median Sales Price in 81601 111 Glenwood Springs 081601 Median Sales Price 1r, 1 1 1 0, a Today October IS, 2010 Embed r i Into 1 yr 5 yr Mix 1rli 1. $200K - $1001< - $0I( - 1 1 1 1 1 Oct '09 Nov '09 Dec '09 Jan '10 Feb '10 Mar '10 Apr '10 May '10 Jun '10 Jul 10 Aug '10 Sep '10 Oct '10 ® Glenwood Springs 0 81601 Number of Sales 81601 1 1 year 50 - 20 - 10- 5- Oct '09 Nov '09 Dec '09 Jan '10 Feb '10 Mar 10 Apr '10 May '10 Jun '10 Jut '10 Aug 10 Sep '10 Oct '10 NI Glenwood Springs 0 81601 Location Jul - Sep '10 y -o -y 3 months prior 1 year prior 5 years prior 81601 5410,660 4.65% 5314,E00 8285,000 5317,500 Glenwood Springs S410,000 +6.5% 8314,500 5385,000 5315,500 Form SCNLTR — "WinTOTAL" appraisal software by a la mode, inc. —1-800-ALAMOOE Main File No. M10100211 Page #17 81601 Home Sales - ZiIIow.com 0 81601 2006 Region S1G01 $540k $520k $500k $480k $460k $440k $420k $400k .)$360k $360k 2007 2000 .2009 2010 • u -o41 i 0-0-4 Y -o -Y Sep 2010 -1.3 1 0.0 i -5.1 $ 375.004 Form SCNLTR — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODE (Main File No. M19100211 Paae #111 Location Map Borrower/Client Gabossi, Roc A. Property Address 44523 Highway 6 City Glenwood Springs County Garfield State CO Zit Code 81601-9784 Lender Gabossi, Roc A. a la mode, Inc: ir The kdCce in lett lSNS! tn[tMObgy 12451 U dero� Yu 12261 ;In Gr load 233 Harvey Gap State Park w a a g' 1245 Comparable # 1 • n U z t 348 1887 County RoaT237 11.04 miles W CR -214 .Silt 24 r~ hrtaY Ryer r roMeg®Rd`''-.- Co 3311 o Mid n -`t'q a *Rd 19 UxenOt Chipprrie a Lc , 'r3�' W r Tdy D '�a, 7� 44#19,,4 Comparable # 4 1808 County Road 245 5.15 miles W 'gv f245. Comparable # 2 1501 County Road 245 4.95 miles W rSubject 44523 Highway 6 8r 24 X24! 1.q7.917 Ara 4 Chacr Comparable # 3 46233 Hwy 6 8E 24 124 miles E C 0 L G A rt 2.5 miles 4.10 30011AVP81 Form MAP LT.LOC — "WinTOTAL" appraisal software by a la mode, inc. —1-800-ALAMODE (Main File No. M1010021 I Page #19I Flood Map Borrower/Clienl Gabossi, Roc A. Prepared for: Bookcliff Appraisal Services Inc. 44523 Highway 6 & 24 Glenwood Springs, CO 81601-9784 by a la mode www.Interflood.corn • 1-800-252-6633 Property Address 44523 Highway 6 • National Forest w MAP NUMBER 1" =1000' SCALE MAP PANEL City Glenwood Springs County Garfield Slate CO Tip Code 81601-9784 Lender Gabossi, Roc A. L• _._..._ •(. Ii1005B. eb InterFl00d L Prepared for: Bookcliff Appraisal Services Inc. 44523 Highway 6 & 24 Glenwood Springs, CO 81601-9784 by a la mode www.Interflood.corn • 1-800-252-6633 • National Forest w MAP NUMBER 1" =1000' SCALE MAP PANEL I1Jj L• _._..._ •(. Ii1005B. • Me Mil '08020510008 , r , • • 10348 • .. `10358 • City of (AREA N. 10158 New Cent INCLUDED) • 10208 . ` 1• — 0458 —I `08020510758 fit of y\ *08021 6 Town of Silt el 10408 Mitchell-----• k_ _ r • `'LSP T6 Glenwood Springs s 'dp I -\ ( • MC 11'+!"L 06•2C OM THIS AREA SHOWN ON PANEL 08020510 ON SB '14308 9145211 093C "1044C " 1111C C•'1r'/d •o . • 1514258 ' / 443J8 !!348`1 ►4 '14S41 s14$08 Divide ��a- *08020514000 crrak s — ark OZ +'� FLOODSCAPE + '14408 14458 • 14858 Farrwilt rrei Flood Hazards Map Map Humber 1 94 �.• �a6020S180ae Di • 144n • „" • - • r-� . • ...._ •7' white River National Forest ro80205182 8 • • • 7 �''• .1•-n• •Z• L. •'t:; 1$556 White R ,Nation `�Eggl 08020510206 Effective Date August 2, 2006 ., 06020518508 r,1 0' 20000' 40000' 60000' 80000' Powered by Fbadsowoe 817.TT.FLOOD waa.fbotlsoaroe.00m f 44 1909-2010 SouroeProse andfor FbodSouree Corporations. All rights reserved. Patents 6,631,326 and 8,618,915. Other patents pending. For Into: inloetioodsouroe.00m, Form MAP LT.FLOOD — "WinTOTAL" appraisal software by a la mode, inc. — 1-800•ALAMODE (Main File No. M1010021 Page #20 PIat/Zoning Map Form SCNLTR — "WinTOTAL" appraisal software by a la made, inc. ----1-800-ALAMODE Main File No. M10100211 Pane #21 Building Sketch Borrower/Client Gabossi, Roc A. First Floor [1913 Sq Ill BR gaft Room y 1aR fort Properly Address 44523 Highway 6 is Approximate art 56rt City Glenwood Springs County Garfield State CO Zip Code 81601-9784 Lender Gabossi, Roc A. tavndry Bath Kitchen Dining Area Entrance m d — `� o a. Bedroom r dem Laundry Kltrhen Dining Area living Room Office Form SKT_LT.BIdSkI — "WinTOTAL" appraisal software by a la mode, inc.---1-$00-ALAMODE First Floor [1913 Sq Ill BR gaft Room y 1aR fort Placement r, is Approximate art 56rt a n l g _ a 6 e n a Bedroom Bedroom 0 Gas Living Room Dining Room tavndry Bath Kitchen Dining Area Entrance m d — `� o a. Bedroom r dem Laundry Kltrhen Dining Area living Room Office Bath '' n $ S 3 w deck 453 Patio 11R aft 9611 Foyer - [035q31 [6 15 9 311 5 ii eftGSn Entrance Finished Basement [Ism 5431] ' Porch 13053 111 3 10ft Area Calculations Summary Living Arra Calculation Details First Floor 1413 Sq ft 27 x 45 = 1215 11 x 17 = 187 l xll = 11 Total Living Area {Rounded): 1413 Sq ft Non -living Area Covered Deck 216 Sq 8 27 x 8 = 216 Patio 875 Sq ft 10 x 17 = 170 10 x 21 = 210 45 x 11 = 455 Finished Basement 1662 Sq ft 10 x 15 = 150 27x56= 1512 Porch 60Sgft 10x6 = 60 Pada 216 Sq ft 27 o 8 = 216 Deck 88Sgft 8011 = 88 Form SKT_LT.BIdSkI — "WinTOTAL" appraisal software by a la mode, inc.---1-$00-ALAMODE Main File No. M10109211- Page #22 Subject Photo Page Borrower/Cheri Gabossi, Roc A. Property Address 44523 Highway 6 City Glenwood Springs Lender Gabossl, Roc A. Courtly Garfield Slate co iripCode 81601-9784 Subject Front 44523 Highway 6 & 24 Sales Price Market Value Gross Living Area 1,413 Tolaf Rooms 9 TolaI Bedrooms 3 Tole! Bathrooms 2.00 Location Suburban View Res/Mins Site 20.22 Acres Quality Frame Age 1 t 1 Years Photo taken 10113/2010 Subject Rear Plato Taken 10113/2010 Subject Street Facing west. The subject is on the right - not visible. Photo Taken 10113/2010 Farm PIC3x5.SR—'WnTOTAL' appraisal software by a la mode, inc. —1-800-ALAMOOE 1Main File No. M10190211 Paae #231 PHOTOGRAPH ADDENDUM BarrowerJCEent Gabossi, Roc A. Property Address 44523 Highway 6 City Glenwood Springs County Garfield State CO by Code 81601-9784 Lender Gabossi, Roc A. Side view. Photo taken - 1 0/130010 Exterior entrance to basement level. Photo taken - 10/13/2010 Kitchen in the basement. Photo taken - 12/2009 Form GPIC3X5 — "VdrTOTAL° appraisal software by a Ia mode, Inc. — 1-800-ALAMODE Nam File No. M10100211 Paae #241 Photograph Addendum Borrower/Client Gabossi, Roc A. Property Address 44523 Highway 6 City Glenwood Springs Lender Gabossi, Roc A. CountyGarfield State CO hp Code 81601-9784 Full bath in the basement. Photo taken - 1212009 Living room in the basement. Photo taken - 1212009 Gas fireplace in the basement. Photo taken - 12/2009 Form GPIC3X5 — "4MnT0TAL" appraisal software by a la mode, inc. —1-800-ALAMOOE IMain Fife N i M10190211 Page #25 Photograph Addendum BonowedCfiet1 Gabossi, Roc A. Properly Address 44523 Highvray 6 Glenwood Springs Lend& Gabossi, Roc A. County Garfield Stale Co 3p Code 81601-9784 Full bath on the main floor. Photo taken - 1212009 Kitchen on the main floor. Photo taken • 12/2009 Living room on the main floor. Photo taken - 1212009 Form GPIG3X5—'4^AnTOTAL' appraisal software by a la mode, inc. -1.800-ALAMODE Wain File Na. M10100211 Page #261 Photograph Addendum Borrower/ChM Gabossi, RocA Property Address 44523 Highway 6 City Glenwood Springs Courtly Garfield State CO hp Code 81601-9784 Lender Gabossi, Roc A. Gas fireplace on the main floor. Photo taken - 12!2009 1500+ square foot detached accessory unit - not included in the opinion of value. Photo taken - 12/2009 1500+ square foot detached accessory unit - not included in the opinion of value. Photo taken -1212009 fon GPIC3X5 - . "WnT0TAL" appraisal software by a la mode, inc. —1-800-ALAMOOE [Main File No. M1010021! Page #27 Photograph Addendum Oorrower/Cfent Gabossi, Roc A. Property Address 44523 Highway 6 City Glenwood Springs County Garfield Stale CO Zlp Code 81601-9784 Lender Gabossi, Roc A, 1500+ square foot detached accessory unit - not included in the opinion of value. Photo taken - 1212009 1500+ square foot detached accessory unit - not included in the opinion of value. Photo taken - 1212009 Interior of the detached accessory unit. Photo taken - 12/2009 form CPIC3X5—'WinTOTAL' appraisal software by a la mode, inc. — t-800-ALAMOOE 'Main File No. M10100211 Pace #2 1 Comparable Photo Page Borrower/Client Gabossi, Roc A. Property Address 44523 Highway 6 City Glenwood Springs Lender Gabossi, Roc A. Courtly Garfield State CO 2pCode 81601-9784 I��lll�lilj! > �ll ll�lllllllllll ll I t 1 I ,. fi? _r. 173 Via._ Comparable 1 1887 County Road 237 Prox. to Subject 11.04 miles W Sale Price 480,000 Gross Living Area 1,176 Total Rooms 4 Total Bedrooms 2 Total Bathrooms 2.00 Location Suburban View ReslMtns Site 3.52 Acres Quality Frame Age 28 Years Comparable 2 1501 County Road 245 Prox. to Subject 4.95 miles W Safe Price 550,000 Gross Ling Area 2,186 Total Rooms 7 Total Bedrooms 3 Total Bathrooms 2.00 Location Suburban View ReslMtns Site 4.14 Acre Quality Frame Age 5 Years Comparable 3 46233 Hwy 6 & 24 Prox. to Subject 1.24 miles E Sale Price 485,000 Gross Liviog Area 1,650 Total Rooms 7 Total Bedrooms 4 Total Bathrooms 2.50 Location Suburban Mew ResfMtns Site 9.06 Acres Quality Frame Age 12 Years Form PIC3x5.CR — "WinTOTAL' appraisal software by a la mode, inc. --1-800-ALAMOOE [Main File No. M10100211 Page #291 Comparable Photo Page Borrower/Client Gabossi, Roc A. Property Address 44523 Highway 6 City Glenwood Springs Lender Gabossi, Roc A. County Garfield State GO Lp Code 81 601-97 84 Comparable 4 1808 County Road 245 Pax to Subject 5.15 miles W Sale Price 420,000 Gross Living Area 1,884 Total Rooms 7 Total Bedrooms 3 Total Bathrooms 2.50 Location Suburban Mew Res/Mtns Site 2.0 Acres Quality Frame Age 12 Years Comparable 5 Prox to Subject Sale Price Gross Living Area Total Rooms Total Bedruoms Total Bathrooms Location Yew Site Quality Age Comparable 6 Prox to Subject Safe Price Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location View Site Quality Age Form PIC3x5.CR—'WinTOTAL' appraisal schware by a la made, inc, — I-800-ALAMOOE Main File No. M10100211 Pace #30j Appraisers License STATE OF COLORADO Department of Regulatory Agencies Division of Real Estate Active Cert Residential Appraiser 40040964 Jan 12009 Number Issue Date PRINTED ON SECURE PAPER Dec 31 2011 s MATHEW S ELLIOTT GRANA JUNCTION, CO 81504 s Program Adminlstralor Licensee Signature Form SCNLTR — "WinTOTAL" appraisal software by a la mode, inc. ---1-800-ALAMODE ARTICLE VII STANDARDS 7-405 STANDARDS FOR PUBLIC SITES AND OPEN SPACE schools determined to be reasonably necessary to serve the proposed subdivision and future residents. a. Formula for Land Dedication Standard. Land Area Provided Per Student x Students Generated Per Dwelling Unit = Land Dedication Standard. (1) Land Area Provided Per Student. The District has determined that 1,776 square feet of land per student shall be provided for future school sites, based on the following considerations. (3) (2) Students Generated Per Dwelling Unit. The number of students generated per type of dwelling unit shall be based on the following: Single Family 0.49 Multi -Family 0.38 Mobile Home 0.71 Land Dedication Standard. Application of the Formula for Land Dedication Standard results in the Land Dedication Standards: Single Family 870 sq. ft. per unit, or .020 acres Multi -Family 675 sq. ft. per unit, or .015 acres Mobile Home 1,261 sq. ft. per unit, or .029 acres GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-56 Reasonable Capacity Recommended Acreage Elementary School 550 students 15.5 acres Middle School 600 students 26.0 acres High School 800 students 38.0 acres Total 1950 students 79.5 acres Total Acres Per Student 0.04077 acres Total Square Feet Per Student 1,776 square feet NOTES: 1. "Recommended Acreage" for school sites is based on the recommendations contained in the Guide for Planning Educational Facilities, published in 1991 by the Council of Education Facility Planners International. (3) (2) Students Generated Per Dwelling Unit. The number of students generated per type of dwelling unit shall be based on the following: Single Family 0.49 Multi -Family 0.38 Mobile Home 0.71 Land Dedication Standard. Application of the Formula for Land Dedication Standard results in the Land Dedication Standards: Single Family 870 sq. ft. per unit, or .020 acres Multi -Family 675 sq. ft. per unit, or .015 acres Mobile Home 1,261 sq. ft. per unit, or .029 acres GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-56 Property MgmL No.. Project No,: FAP 145D Parcel ID: WA Location: 44525 Hwv 6, Glenwood Springs 1 NW % Sec. 35. T. 5 S., R. 90 W„ 6 P.M. ENCROACHMENT LICENSE THIS AGREEMENT, made and entered into in triplicate this day of , 20_, by and between the State of Colorado far the use and benefit of the Colorado Department of Transportation, the Licensor and Roc Anthony Gabossi and Mary Ann Gabossi, the Licensee, WITNESSETH WHEREAS, the Licensor is the owner of certain rest property heretofore acquired as right of way for a public highway constricted as Project F 0014(f9). now occupied and used as State Hinhwav No. 6, and WHEREAS, the Licensee is the owner of a fresh water pond now found to encroach upon said right of way, and WHEREAS, itis the desire of the parties hereto to provide for the temporary occupancy by the Licensee of the land in saki right of way so encroached upon urrhl the sante shall be terminated by the Colorado Department of Transportation; the above stated Licensee no hanger owns the encroaching improvements or until an overt act by the Licensee, strait cause the cancellation of this License. NOW THEREFORE BE IT KNOWhl, that in consideration of the sum of Two Hundred Fifty Dollars ($250.00) to the saki Licensor paid by. the Licensee, ioceipt whereof is hereby confessed and acknowledged, and in further consideration oftbe conditions heroin written, to be kept by the parties hereto and their respective heirs, and successors, the Licensor does hereby LICENSE AND LET unto the Licensee, thefolfowng right ofwayas•shown en the map attached hereto, and made a part hereof and marked" Exhibits AIT, consisting of three (3) sheets . This License is made and accepted subject to the following conditions: 1. This License may be terminated by the Licensor upon ninety (90) days notice in wrrting to the Licensee, whenever, at the sole discretion of the Licensor This License is also terminated as of the date the Licensee no longer ownsihe encroaching improvernents. The Licensee shall be solely responsible for any costs generated and resulting from termination of this License. 2. The Licensee may occupy the Licensed Premises until at such time it is canceled per paragraph one, unless sooner canceled, but no additions will be permitted to be made to existing structures. In case of partial ortotat destruction of such existing: structures• by lire, windstorm, or other disaster orby riot or illStliMeti011, no reconstruction, remodeling orrebabilitation will be permittedwithout written approval of Licensor; butnothing herein contained strati be construed as denying the Licensee the right to perform normal maintenance. 3. Buildings, structures, Improvements located upon the Licensed Premises and owned by the Licensee may be removed by the Licensee during the term of this License, or any extension hereof, or within sixty (60) days after service of notice to vacate as herein provided. 4_ The Licensee shall not perforin any acts, nor shelf tire Licensee permit the performance of any acts upon the Licensed Premises which are contrary to the laws of tire United States, statutes of 1 of 6 Rev. 6195 the State of Colorado, ordinances of the Municipality, and breach of this condition shall constitute cause for inunediate revocation of this License and all Licensees rights hereunder shall thereupon cease. 5. Tho Licensor owes no duty to protect the Licensee from damage resulting from construction, maintenance, or other operations carried on in connection with said highway, and Licensor shall not be held liable for such damage. 6. The Licensee shall save and hold harmless, the Ltcensor'frnrn arty liabiIty for damage to persons or properly resulting from occupancy of the Licensed Prernrses evidenced by current RL. & P i3 poliey4n#tie-ameunts-speeified-under-Bentz. 7. Hold Harmless and insurance. The licensee shall save, Indemnify and hold harmless the Licensor and FHWA for any damage or loss to persons or property resulting from Licensee's occurrence or use of the Licensed Premises and shall purchase genera; liability and property damage insurance in the amount of not less than. $150,000.00 per person. and $600,000.00 per occurrence._ In_orderfor._fhfs_License to be executed, Licensee must provide a Certificate of Insurance listing the Colorado Department of Transportation as Certificate Holder and additional insured. The Certificate of Insurance must also evidencethat the - Certificate ate Holder will be provided a 45 --day written notice by certified mail of cancellation or non -renewal ofthe policy. The above insurance requirement must be in effect during the entire term of the license. Licensee shall at its sole cost and expense, shall obtain insurance on his inventory, equipment, and all other personalproperty located on the Licensed. Premises against loss resulting from fire or other casualty. An annual Cerhfcafe of insurance must be kept on fife for theterm of this License, and should be mailed to. COLORADO DEPARTMENT OF TRANSPORTATION Maintenance &Operations Branch Property Management Section 15285 S.. Golden Road, Building 47 Gorden., Colorado 80401 8. Licensee shall not assign this License without specific written permission of the Licensor. 9. The Licensee agrees to defend, indemnify and bold harmless the Licensor and any employees, agents, contractors, and officials of the Licensor against any and all 'damages, claims, liability, loss, fines, or expenses, including attorney's fees and litigation costs, related to the presence, disposal, release or clean-up of any contaminants, hazardous. materials. or pollutants on, over, under, from or affecting the property subject to this License Aginement, which contaminants or hazardous materials the Licensee or its employees, agents, contractors or officials have caused to be located, cfisposed, or released onthe property. 10. The Licensee shall also be responsible for all damages, claims and liability to the soil, water, vegetation, buildings or personal property located thereon as well se any personal injury or property damage related to such contaminants or hazardous materials. 11. Upon the transfer of title of this property, this License is null and void, and new owner must reapply for said License, 12. This License will be recorded in the Garfield County Colorado real estate records to put future buyers) users on notice of this license. 2of6 Rev. 6/98 WITNESS WHEREOF, the undersigned execute this lease as of the day and year first above written. .__... - -LICENSEE_ —L -CE -NSE : By: Roc Anthony ossi By: Karst Ann Gbossi Title: Owner Title: Owner Address: 44523 Hit'hwev 6 Address: 44523 Highway 6 Glenwood Springs, CO 81601 Glenwood Sprint's, CO, 81601 STATE OF COLORADO ) ) ss COUNTY OFGARFIELD ) The foregoing lease was subscribed and sworn to before me this day of, Pee 29e10 , by Roc Anthonv C bossi and Mary Ann G bos'si A Witness my hand and official seal. My Commission expires 8 ab i `a -- ATTEST: Ber hardt K Rasmussen Chief.Clerk o ary Public Address: eto C) AS r 1•16N1 V&A '7 LICENSOR: STATE OF COLORADO DEPARTMENT OF TRANSPORTATION a Pamela Hutton, A.E. Chief Engineer Sof 6 Rev. 6/98 " Lit y"S""its•. Air,„ tr• S4 QLD RIi MEMORANDUM TO: Becky Wheelersburg FROM: Molly Orkild-Larson Senior Planner DATE: December 8, 2010 RE: CPFF-3-10-6341 — Roc and Mary Gabossi Cash -in -lieu Payment fo -1 School Districis $591.97 PAY TO THE OTiDEROF SIE MARY GABOSSI ROCKY A GABOSSI 44523 HIGHWAY 6 GLENWOOD SPGS., CO 81601-9784 232/1020 DATE 6318 0_,OVv, y V , (61* -1 $ s91., Mbank. All of Irfa serving you,. MEMO 1] E--1 gGri34j VLA 1 •- DOLLARSEi LO 200002 1i: 194 3 10 1S 12700E, 3 i8 stIng Ovhd,' .IJtllfty Line(s) HISTORIC IRRISATI=D AREA now.; inimormrAitials FROM WILLIAMS ,ANAL OLP O C CARP 5U' P4VIS4ON4 4457,3 HIGHWAY 6 SLENWOOD SPRINGS, COLORADO LEGEND 1,- =7- Ioo PPROX. IRRIGATED AREA 7.5 AGREE STATE hIShWAY 6 MEMORANDUM TO: Becky Wheelersburg FROM: Molly Orkild-Larson Senior Planner DATE: December 8, 2010 RE: CPFF-3-10-6341 — Roc and Mary Gabossi Cash -in -lieu Payment for RE -1 School District is $591.97 PAY TO THE ORDER OF MARY GABOSSI ROCKY A GABOSS! 44523 HIGHWAY 6 GLENWOOD SPGS., CO 81601-9784 232/1020 DATE 6318 $ 691.1`7 Swel,r,.... DOLLARS 121 Mbank. All of m serving your, I:L0200002LI: 19E131015i270063LB 100 aL • ARTICLE VII STANDARDS p p 7-405 STANDARDS FOR PUBLIC SITES AND OPEN SPACE I`cl t ` . !� ( . I'ta c, 240.0.030 a. Formula for Cash -In -Lieu Payme Unimproved Per Acre Market Value o Land Dedication Standard x Number of Units = 8 Cash -In -Lieu Payment (1) Unimproved Market Value of Land. Unimproved market value of the land shall be determined by an appraisal performed within the last 6 months for the applicant, by an individual qualified in the State of Colorado to establish the unimproved market value of the property just prior to the approval of a Final Plat. Any dispute of the market value would be based upon a separate appraisal by an individual qualified in the State of Colorado to establish the value, paid for by the School District. (2) Land Dedication Standard. The Land Dedication Standard set forth in Section 7-405(C). (3) Number of Units. The number of dwelling units proposed. 5. Payments Held in Escrow. Cash payments received by the Board in lieu of dedicated land shall be held in an escrow account by the County for the purposes allowed by C.R.S. § 30-28-133. 6. Release of Land or Cash. After final plat approval and receipt of dedications, the Board of County Commissioners shall give written notification to the appropriate receiving body. a. Following notice by the Board, the receiving body may request the dedication, and the Board shall transfer the lands to the appropriate receiving body. b. For a school or park site, if the receiving body determines upon completion of platting that there is no longer a need for the dedicated land, they may request that the land be sold. c. Funds may be released to the appropriate receiving body if the Board finds that the proposed use of funds is compatible with the intent of the cash -in -lieu payment or sale of the land. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-58 12.g: 6/71-eo • rAx No. : Dec. 19 2010 04:571:1 P1 i1/u �t � 1270 a zea 6c Co W/6gj aaa_a) wwe cam:L, tt) o.ea 0/1-4-1,44q0 44/10 , y�,„� oe..e c�PIto& fir; �.i -//46 tet,v1e3t)-z Avede, cper ebt TRANSFER OF WILLIAMS CANAL COMPANY VOTING MEMBERSHIP SHARES We the undersigned, Roc Anthony and Mary Ann Gabossi, authorize the transfer of 5.535 voting membership shares of Williams Canal Company, a Colorado not for profit corporation, to the Old Orchard Subdivision Homeowners Association, Colorado not for profit association and authorize the Williams Canal Company to issue a new membership certificate to the Old Orchard Homeowners Association. Roc Anthony Gabpssi a ,-) -o Date Ann)C.iabossi k4 tv 1 r •776 ' T �� 111111 III I1 SHARES MEMBERSHIP CERTIFICATE NUMBER ,^ n 1 l i 1I I wuuwrcaw mu iireiuiuiwu uuuw mwxmuuuumol uuuiui ,t„ - < "c-�";r ate" c 41.k. fre ***1. d. wmIuluuuuum ulomwou1uu =ER�w uwmmmim mmunnuum I — ..s it**A Zhis Trrtifteg tilat Nvidn ClAA,1„,e, is the owner o/ )t— `"' ' s voting membership shares, as a member of a corporation not for profit, with all the rights, but subject to all the conditions granted or obligations imposed by the Articles and By -Laws of said corporation now or at any time hereafter in force and effect. Any transfer or assignment of this certificate is subject to the Articles of Incorporation and By -Laws of the corporation which impose limitations upon the alienability of memberships. IN WITNESS WHEREOF, the said Corporation has caused this Certificate to b signed by its duly authorized officers and to be sealed with the seal of the Corporation, this 7 day of ' .A D. 20D7 Secretary GoEs bINIONT & N. N. JACKSON. CHICAGO I I '{I I,�IIIiI'4 SHARES MEMBERSHIP CERTIFICATE NUMBER n C . II3I1h UI!9II1,II1 . 11 lli01.119P Illllll ran IIod Ily.Laniumonons n1IuuHIIIHuumoly rrm uul „Ili11111.11M! !. II !..4,41 rtl 10 1uu111.Au✓.11111lll.ln „s L INCORPORATED UNDER THE COLORADO NON PROFIT CORPORATION ACT Zifts Tertifitts #tat pot_ 4 oLgts is the owner of C305)_5:<:001.5 voting membership shares, as a ir+ernber o a corporation not for profit, with all the rights, but subject to all the conditions granted or obligations imposed by the Articles and By -Laws of said corporation now or at any time hereafter in force and effect. Any transfer or assignment of this certificate is subject to the Articles of Incorporation and By -Laws of the corporation which impose limitations upon the alienability of memberships. IN WITNESS WHEREOF, the said Corporation has caused this Certificate to b signed by its duly authorized officers and to be sealed with the seal of the Corporation, this 2 day of A. D. I9 2°2)7 Ce-l;Es a6.5 DV/ 1a HT ■ M. H. JACKSON, CHICA+3J QUIT CLAIM DEED THIS DEED, made this 18th day of April, ESTATE OF DOROTHY L. BOWLES, DECEASED grantor, whose street address is: P.O. 130X 386, SPIRIT LAKE, ID 83869 Countyof GARFIELD , State of Colorado , for the consideration of Ten Dollars and other good and valuable consideration * * * * * * * Dollars in hand paid, hereby sells and quitclaims to: MARY ANN GABOSSI AND ROC ANTHONY GABOSSI DO Joint Tenants ❑ Tenants in Common grantee, whose street address is: 44523 HWY 6 & 24 , GLENWOOD SPRINGS, CO 81601 County of GARFIELD , State of Colorado , the following legally described water rights: ANY AND ALL WATER RIGHTS APPURTENANT TO OR USED IN CONNECTION WITH THE PROPERTY INCLUDING, WITHOUT LIMITATION, THE EXISTING WELL (TOGETNEV WITH WELL PERMIT NUMBER 52966),EIGHT'AND EIGHT TENTHS SHARES OF THE WILLIAMS CANAL COMPANY, ANY AND ALL RIGHTS OF SELLER TITLE AND INTEREST IN AND TO THE DISTRICT COURT, WATER DIV. NO. 5, COLORADO, PROCEEDING FILED AS CASE NO. 97CW162. Appurtenant to: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART THEREOF. Signed as of the day and year first above writen. • ESTATE OF D ROTHY L. BOWLES, DECEASED BY: TE RiI'Y DOPI7EY%PERSONAL REPRESENTATIVE State of Colorado ) )ss. County of GARFIELD The foregoing instrument was acknowledged before me this . day of April 2001 by TERRY DUPREY AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF DOROTHY L. BOWLES, DECEASED Witness my hand and official seal. My commission expires: *a71•ddo2- ELLEN M.l.? NOTARY PL STATE OF COLORADO (orde y Oommis&Ion Exp4Te6 0912112002 Form WATER.oCA (6-8.99) Return to: (1,44, Notary Public MARY ANN GABOSSI AND ROC ANTHONY GABOSSI 44523 HWY 6 & 24 GLENWOOD SPRINGS, CO 81601 EXHIBIT A THAT TRACT AS DESCRIBED IN BOOK 208 AT PAGE 170 OF THE RECORDS OF GARFIELD COUNTY, COLORADO AND BEING A TRACT SITUATED IN THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 90 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 35, SAID NORTH QUARTER CORNER BEING A 2" IRON PIPE WITH AN ALUMINUM CAP BEARING P.G.S. REGISTRATION #15710; THEN ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION, SOUTH 07 DEGREES 03'10" EAST A DISTANCE OF 1870.02 FEET TO THE NORTHEAST CORNER OF THAT TRACT AS DESCRIBED IN DOCUMENT RECORDED IN BOOK 871 AT PAGE 30 OF THE RECORDS OF SAID COUTNY; THEN ALONG THE NORTH AND WEST BOUNDARY OF SAID TRACT THE FOLLOWING THREE COURSES: 1) NORTH 90 DEGREES 00'00" WEST A DISTANCE OF 84.81 FEET; 2) SOUTH 00 DEGREES 40'50" WEST A DISTANCE OF 80.42 FEET; 3) SOUTH 10 DEGREES 10'24" EAST A DISTANCE OF 237.69 FEET TO INTERSECT THE NORTHERLY RIGHT OF WAY OF A COUNTY ROAD AS IT CROSSES THE SOUTHEAST QUARTER OF SAID NORTHWEST QUARTER, SAID RIGHT OF WAY BEING 30 FEET NORTHERLY OF THE CENTERLINE OF SAID ROAD AS LOCATED BY SURVEY IN JUNE 1993; THEN ALONG SAID NORTHERLY RIGHT OF WAY THE FOLLOWING FOUR COURSES: 1) SOUTH 68 DEGREES 56'19" WEST A DISTANCE OF 119.42 FEET; 2) SOUTH 75 DEGREES 17'17" WEST A DISTANCE OF 119.64 FEET; 3) SOUTH 79 DEGREES 09'05" WEST A DISTANCE OF 64.99 FEET; 4) SOUTH 67 DEGREES 03'21" WEST A DISTANCE OF 153.83 FEET TO INTERSECT THE NORTHERLY RIGHT OF WAY OF STATE HIGHWAY NUMBER 6 AND 24; THEN ALONG SAID NORTHERLY RIGHT OF WAY THE FOLLOWING SIX COURSES; 1) NORTH 65 DEGREES 14'00" WEST A DISTANCE OF 756.22 FEET; 2) 426.40 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 12 DEGREES 09'16" A RADIUS OF 2010.00 FEET AND A LONG CHORD WHICH BEARS NORTH 71 DEGREES 18'38" WEST A DISTANCE OF 425.60 FEET; 3) SOUTH 13 DEGREES 12'00" WEST A DISTANCE OF 50.00 PEET; 4) 270.72 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 07 DEGREES 54'49" A RADIUS OF 1960.00 FEET AND A LONG CHORD WHICH BEARS NORTH 81 DEGREES 21'35" WEST A DISTANCE OF 270.50 FEET; 5) NORTH 85 DEGREES 19'00" WEST A D'ISTANCE OF 368.00 FEET; 6) 109.74 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 01 DEGREES 06'25", A RADIUS OF 5680.00 FEET AND A LONG CHORD WHICH BEARS NORTH 84 DEGREES 45'48" WEST A DISTANCE OF 109.74 FEET TO A COLORADO DEPARTMENT OF HIGHWAYS RIGHT OF WAY MARKER; THEN DEPARTING SAID NORTHERLY RIGHT OF WAY AND ALONG THE EASTERLY LINE OF A PARCEL REFERRED TO AS THE "TIBBITS PLACE" AS DESCRIBED IN DOCUMENT RECORDED IN BOOK 491 AT PAGES 790 AND 791 OF THE RECORDS OF SAID COUNTY THE FOLLOWING 15 COURSES; 1) NORTH 23 DEGREES 00'10" EAST A DISTANCE OF 85.51 FEET; 2) NORTH 33 DEGREES 41'22" EAST A DISTANCE OF,273.31 FEET; 3) NORTH 10 DEGREES 41'01" EAST A DISTANCE OF 126.20 FEET; 4) NORTH 18 DEGREES 00'46" EAST A DISTANCE OF 102.71 FEET; 5) NORTH 89 DEGREES 42'59" WEST A DISTANCE OF 34,78 FEET; 6) NORTH 45 DEGREES 44'37" EAST A DISTANCE OF 194.88 FEET; 7) NORTH 23 DEGREES 33'14" EAST A DISTANCE OF 128,60 FEET; 8) NORTH 37 DEGREES 48'14" EAST A DISTANCE OF 135.68 FEET; 9) NORTH 04 DEGREES 22'29" EAST A DISTANCE OF 85.53 FEET; 10) SOUTH 50 DEGREES 44'37" EAST A DISTANCE OF 36.18 FEET; 11) SOUTH 37 DEGREES 33'49" EAST A DISTANCE OF 59.61 FEET; 12) SOUTH 35 DEGREES 15'19" EAST A DISTANCE 161.50 FEET; 13) SOUTH 31 DEGREES 52'13" EAST A DISTANCE OF 130.89 FEET; 14) SOUTH 26 DEGREES 55'22" EAST A DISTANCE 62.07 FEET; 15) SOUTH 20 DEGREES 42'31" EAST A DISTANCE OF 84.87 FEET; THEN NORTH 45 DEGREES 21'31" EAST A DISTANCE OF 1856.54 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO GW235453 J6 UJ1dV{14 VIIKIN IRUN rHut Vi/Ub 1 1 •''. r � .� ems._ • iiii K FZI1''1' M1 l11„r, h' iliCII4ii7,1 ► 11111 Rt tl,agL 791616 191 2619 ¢4:23;19 P Jean Aibariao 1 0 6 Ree Pnm:534.00 Dao F68:0.00 GARFIELD COUNTY co WATER AGREEMENT THIS AGREEMENT is made and entered into the day of , 2004, by and between Roc Anthony Gabossi, also known as Mary Ann. Gabossi„ whose address is 44523 Highway 6, Glenwood Springs, Colorado 81601, hereinafter referred to as "Gahossis", and Conrad L Wagner and Marsha L. Wagner, whose address is 5403 County Road 154, Suite 1, Glenwood Springs, Colorado 81601., hereinafter "Wagners". WHEREAS, the parties hereto entered into a certain Agreement dated April 16, 2001 providing for the purchase of certain property commonly known as 4453 Hwy 6, Glenwood Springs, Colorado; and WHEREAS, the parties hereto have completed the purchase of said property and have completed the subdivision exemption of the property as contemplated by said Agreement between the parties dated April 16, 2001, recorded as the Gabossi Exemption Plat; and WHEREAS, the parties have obtained commercial zoning for Lots 3 and 4 of the Gabossi Subdivision. Exemption as contemplated by said Agreement between the parties dated April 16, 2001; and WHEREAS, the parties .have paid off the loan from Wells Fargo Bank for the purchase of the property as contemplated by said Agreement between the parties dated April 16, 2001; and WHEREAS, the Gabossis have the right, use and title to Lots 1 and 3, and all the improvements and structures thereon, together with one half of the water rights awarded in Case No. 97CW1G2, Water Div. 5, Colorado; aid WHEREAS, the Wagners have the right, use and title of Lots 2 and 4, and all the improvements and structures thereon, together with one half of the water rights awarded int Case No, 97CW162, Water Div. 5, Colorado; and WHEREAS, the provisions of said Agreement have been fully performed and completed by the parties, and the parties desire to address issues of use and distribution of water rights associated with the Gabossi Subdivision Exemption. NOW THEREFORE, for and in consideration of the premises and the mutual covenants and agreements herein contained, to be kept and performed by the parties hereto, the parties agree as follows: 1. The above recitals are true and correct. 2, The term of this agreement shall be perpetual unless and until amended as provided herein. 11e1118/ Jlti Ladd 7r 1J74C..1LJ.< 1111Y M' ig'�Vhlfilitlk4iiiiir i+lelit'i60'.Lri',Mill11III Receptlan�l; 731G13 991171210 04:23:19 PM Jean Alberlco 2 of 0 Rea F..11$36.90 mac Fe.: 000 GARFIELD CoL1TY CO 1 1 Ir\AI, +Iu.J! 3. The .Agreernexie between the parties dated.April 16, 2001, has been Fully performed and is hereby terminated in all respects. 4. Gabossi owns lots 1 and 3 of the Gabossi Subdivision Exemption as shown on the Gabossi Exemption Plat recorded in the office of the Garfield County Clerk and Recorder, together with one-half of the water rights awarded in the aforesaid Cast No. 97CW 162. Wagner owns Lots 2 and 4 of the Gabossi Subdivision Exemption as shown on the Gabossi Exemption Plat recorded in the office of the Garfield County Clerk and Recorder, together with one-half of the water rights awarded in the aforesaid Case No. 97CW 162. 5. PROVISIONS CONCERNING CASE NO.97CW162; a) En Case No. 97CW162, Water Div. 5, Colorado, the court awarded 0,50 els. conditional to the Bowles Diversion legally described as being at the point of diversion from. a natural gulch known as Bowles Gulch and located at a point in said Natural gulch from whence the West Quarter Corner of Section 35, Township 5 South, Range 90 West of the 6`h P.M. bears South 48°29' West 1358.28 feet. The Court also awarded 250 AF conditional to the Bowles Pond First En1l22gerraerrt legally described as having a center point in Section 35, Township 5 South, Range 90 West of the P.M., at a point 1000 feet from the West section line and 1.750 feet from the North section line of said Section 35. The source of the water, for Bowles Pond First Enlargement is the Bowles Diversion. b) In Case No. 97CW162 the Court approved/plan for augmentation utiiing all of the water rights identified in Paragraph 3herein above. The entire, water rights awarded to the Bowles Diversion and the Bowles Pond First Enlargement are reserved and dedicated to said Plan for Augmentation. Uses augmented are the diversions from Bowles Well Nos. 1 through 6 for up to 30 single family dwellings and evaporative losses from the Bowles Pond. The water rights identified in rhe foregoing Paragraph 3 for the Bowles Diversion shall be stored itt the Bowles Pond First Enlargement for the purpose of augmentation of diversions of water from Bowles Well Nos. 1 through 6 and evaporative losses from the Bowles Pond.. Total augmentation water required by Said plan for augm.entatiori is 2.448 acre feet. Releases will be made from the Bowles .Pond First Enllargetrlent described in the preceding paragraph at such times as there is a valid call on Canyon Creek or the Colorado River by holders of senior vested water rights as provided for in the Ruling of Referee catered in Case No. 97CW .162 c) Bowles Well Nos. 1. through 6 are to be located on the property now described as Gabossi Exemption Lots 1 through 4. Water Agreement - Gabossi/Wagner Page 2 i /1a/LY7ln 1.4:.�d y(VJ 4J JL1L �tfllrelifYMIill'tiAla4 f0l7fif?1 'Li 'ItrMiii it III Rea*pptionit: 791613 09/17/2010 44;23.19 PM Jaen llberloo 3 of 6 R!e Fai:535.33 Doe ree:0.00 GRRFIELO COUNTY CO rl ih1IV IMUIV rM C. not uo d) Gabossi will be entitled to uri1i7e Bowles Well Nos. 1 through 3 as decreed, which shall be drilled or constructed wholly upon Lots 1 and 3 of the Gabossi Subdivision Exemption. Gabossi shall have no right to drill or construct any of the Bowles Well Nos.1 through 3 or connected facilities on the lands owned by Wagner. Gabossi will be entitled to releases of water from the Bowles Pond First Enlargement in the amounts as provided for in the Ruling of Referee in Case No. 97CW162 for one-half of the evaporative losses for the Bowles Pond First Enlargement and the consumptive use associated with 15 of the 30 single far* dwellings augmented. e) Wagner will, be entitled to utilize Bowies Well Nos. 4 through 6 as decreed, which shall be drilled or constructed wholly upon Lots 2 and 4 of the Gabossi Subdivision Exemption. Wagner shall have no right to drill or construct any of the Bowles Well Nos. 4 through 6 or connected facilities on. the lands owned by Gabossi. Wagner will be entitled to releases of water from the Bowles Pond First Enlargement in the amounts as provided for in the Ruling of Referee in Case No. 97CW162 for one-half of the evaporative losses for the Bowles Pond First Enlargement and the consumptive use associated with 15 of the 30 single family dwellings augmented. f) The Bowles Diversion and Bowles Pond First Enlargement are located on the lands owned solely by Gabossi. The water commissioner for the Bowles Pond or Gabossi may cause such releases of water from the Bowles Pond First Enlargement as dieected by the Ruling of Referee in Case No. 97CW162. The parties will be responsible for 50%, of the costs and expenses associated with' 1 Ro,4. reconstructing, cleaning, maintaining, repairing and operating the Bowles Diversion and Bowles Pond and their appurtenances. The 50/50 split cf costs and � 5v7/0 expenses is reasonably believed by the parties to reflect the benefits each will receive from using the structures. Gabossi shall be responsible for determining the timing and extent of constructing, cleaning, maintaining, repairing and operating the Bowles Diversion and Bowles Pond and their appurtenances. Said structures shall be maintained so the augmentation pian in Case No. 97CW162 will remain operational. The Water Commissioner for the Colorado Division of Water Resources will lawfully administer, inspect and determine if repairs, changes or other maintenance is necessary to keep the structures and augmentation plan operational. Gabossi shall not he responsible for any periods of time when the augmentation plan is not operational as the result of an act of God or as a result of matters beyond the direct control of Gabossi. B) Water Agreement - Gabossi/Wagner Page 3 IC, id? Ltlltl 1.1; 40 7(1074O0L1L RecsatIOn: 791Bi.a OR/1,!2916 04:23:10 PM Jean AlberAO0 4 of 8 Reo Fen;33O.Oe Doa F99:0.00 C,ARrieLD COUNTY CO ri m1Pi tt'<UN riAkat, 174/U0 h) In the event that die Water Commissioner determines that the structures andlor augmentation plan are not operational, then the parties hereto shall submit to mediation for the purpose of determining a course of action designed to correct any defective conditions. Either patty tray request mediation by written notice to the other party. Upon receipt of request for mediation by either party, the parties shall prompdy schedule mediation with an established and qualified mediator at the earliest available time. Through mediation the parties shall develop what actions or repairs are necessary to prevent the loss of the augmentation plan and a schedule for completion of such repairs. The repairs will be contracted for by Gabossi within ten days of the conclusion of rr.ediation. The repairs will be completed within a reasonable time considering applicable weather conditions and availability of contractors. The parties will share the costs and expense of mediation and repairs as provided in subparagraph(g) hereinabove. i) Each party shall be solely responsible, ac their sole cost and expense, for any reporting and accounting required by the State Division of Water Resources in connection with the Decree and administration of the augmentation plan in Case No. 97 CW 162. J) Neither party will transfer or utilize the Bowles Diversion or Bowles Pond First Enlargement except as provided for in the plan for augmentation in Case No. 97CW162 unless said party properly files for a change of water right with the Water Court for Division 5, State of Colorado. Each party shall be solely responsible, at their sole costs and expense for filings with the court for the transfer of conditional water rights, for maintaining diligence and prosecuting applications for findings of reasonable diligence or to make said water rights absolute for their respective interest in the water rights and augmentation plan in Case No. 97 CW 162. 6. PROVISIONS CONCERNING CASE NO. 02CW058: a) The parties acknowledge that there is pending Case No. 02CW058 in Water Div, No. 5, State of Colorado, for the Gabossi Well and Wagner Well, and for approval of plan for. augmentation. Tb.e Gabossi Well is Iocated in the SEV4NW1/4 of Section 35, Township 5 South, Range 90 West of the 6`h p.m., at a point 2,000 feet from the North section line and 1,770 feet from. the West section. line of said Section 35. The Wagner Well is located in the SEIANWI of Section 35, Township 5 South, Range 90 West of the 6`h p.rn., at a point 2,200 feet from the North section line and 2,380 t'eet from the West section line of said Section 35. .Each well has applied for 0.056 c. f.s. (25 g.p.m.) with annual diversion for each well of 1.4 AP, all conditional for commercial and irrigation uses. Water Agreement - Gabossi/Wagner Page 4 yyy 1,11Lvxu .t. JV J f V JJ. YJGL 1111 ' I ' ii1ll'1til �l i :l lri lel (l��Cl hwl IIS .III°fir ti III keoapptiori$l 791818 Q9f17/2 10 v4;71119QM Jean Plberieo 5 of $ Roo P4:st3A Q,,Doc F$P,O.i50 6RRF1ELo co n, co ri i N1r4 rr<urti rwuc u:.17 vo h) The Gabossi Well is owned by Gabossi and fixated on lands owned by Gabossi. The Wagner Well is owned by Wagner. and located on lands owned by Wagner. Each party shall be entitled to the water right associated with the well owned by them. Neither party shall enter upon the .lands of the other to construct, repair or other wise urili7e the water rights associated with said wells. c) Each of the parties has contracted with the West Divide Water Conservancy District for 10 AF of water to augment the uses. Each parry shall be responsible for all paSments and requirements for their respective contracts with West Divide Water Conservancy, d) Such wells are augmented for irrigation of a maximum area of 10,000 square feet of lawn, 10 offices, and washing of 20 vehicles per day, as shown in the table attached hereto as Exhibit °A". Each party shall be entitled to one-half of the uses and consumptive use associated therewith, e) The parties agree to cooperate in good faith to complete Case No. 02CWQ58 and to provide documentation as may be necessary. Upon final Decree in Case No. 02CW058, each party shall be solely responsible, at their sole costs and expense for filings with the court for the transfer of conditional water rights, for maintaining diligence and prosecuting applications for findings of reasonable diligence or to make said water rights absolute for their respective interest in the water rights and augmentation plan in Case No. 02. CW 058. 7. GENERAL PROVISIONS a) In addition the parties have equally divided 8.8 shares of water under stock certificate from the Williams Ditch and Can.al Company. With this addition there are no other water rights appurtenant to the Gabossi Subdivision Exemption Lots 2 and 4, except for water rights that have been or maybe ;in the future developed by Wagner. b) All of the provisions .hereof shall be and remain covenants running with title to the above described water rights and the real properties within the Gabossi Subdivision Exemption upon which the subject water rights and related structures are located or used. c) This agreement arid all provisions hereof shall apply to and bind the parties hereto, their agents, heirs, successors, partners and assigns of aLl kinds. d) This agreement shall be recorded in the records of the Garfield County Clerk and Recorder, Water Agreement - Gabossi/Wagner Page 5 tU/101.0 L J 1i., O 7 (1074.1017LIL 11111!' �`� i� lel 1 '�rY7� 414 1 I1I r• . �R f 2O1010° `��739•119IPf7 Jc+��nn A brloo of i RI: pw:S�E.00 Goa F,er�.pq GRRFIiix Com"? CO r1IKIN i U1 meat Lib/ ea e) Any amendment of this agreement must be in writing, and must be executed by the parties hereto in order to be effective. f) Any dispute concerning the provisions of this agreement shall be determined pursuant to the law of the State of Colorado. The prevailing party shall be entitled to recover their cost and expenses of enforcing the terms of this agreement, including reasonable attorney fees. In witness whereof the parties have executed his Agreement the day and year first written above, ah Roo Anthony ea Ssi, Gabossi Water Agreement - Gabossi Vagncr Page 6 10/18/2010 12:42 9709450212 tiNIC10:161,11iith 11111 R c9p1U n# : 791617 09/17/2010 04;23219 PM .1mdn P1berlco of 6 Ree Fee:$ &Ce Doc Fee:D.D0 GARFIELD COUNTY CO PITKIN IRON AGREEMENT PAGE 01/06 THIS AGREEMENT is made and entered into April. 16, 2001 by and between Roc Anthony Gabossi, also known as Rocky Gabossi and Maxy Ann Gabossi, whose address is 1125 Palmer Avenue, Glenwood Springs, Colorado 81601, hereinafter "Gabossis", and Conrad L. Wagner and Marsha L. Wagner, whose address is 111 Park Drive, Glenwood Springs, Colorado 81601, hereinafter "Wagners". WHEREAS, Gabossis have entered into that certain real estate contract dated February 9, 2001 providing for their purchase of certain real property commonly know as 4463 Hwy. 6, Glenwood Springs, Colorado 81601. A copy of said contract has previously been received by Wagners. AND WHEREAS, the parties hereto have agreed to jointly purchase, occupy, use, develop and transfer said property in accordance with the terms and conditions hereinafter contained. NOW THEREFORE, for and in consideration of the premises and the mutual covenants and agreements hereinafter contained, to be kept and performed by the parties hereto, the parties hereby agree as follows: 1. Purchase of Property. Gabossis shall proceed with the closing of their purchase of the property in accordance with said contract, said closing being presently scheduled to take place April 18, 2001. The purchase price for the property is the sum of $700,000.00 which shall be paid as follows: a. The sum of the $660,000.00 from the proceeds of the loan to be obtained by Gabossis from Wells Fargo Bank West, N.A., said loan to be executed by Gabossis only and secured by a first deed of trust on the property. b. The further suns of $70,000.00 in cash or certified funds from Gabossis. c. The further sum, of $70,000.00 in cash or certified funds from Wagners. All loan fees, costs, expenses and closing fees incurred at the time of the purchase of the property shall be paid four -sevenths by Gabossis and three -sevenths by Wagners, except for legal and appraisal fees which shall be paid equally by both parties. Such costs shall include legal, appraisal and planning fees incurred and previously paid by either party in connection with the purchase, financing and development of the property. In order to obtain favorable financing, title to the property shall be held in the names of Roc Anthony Gabossi and Mary Ann. Gabossi as joint tenants. 10/18/2010 12:42 9709450212 Renepptin#= 791617 09ii112010 04:23:19 PM Jean AlbPP.rioo 2 of 6 RAO FRe:S36.00 Doc Fee:0.00 GPRF1ELD COUNTY CO PITKIN IRON PAGE 02/06 2. Subdivision Exemption. As soon as practical after the completion of the purchase of the property, the pasties shall submit .an application to Garfield County for an exemption to divide the property into four separate lots. The lots to be created shall be as shown and described on Exhibit A attached hereto and made a part hereof by this reference. Simultaneously witb. this application, the parties shall also apply for commercial zoning for Lots 2 and 4 as shown on said Exhibit A. ' 3. Property Costs and Expenses. Except as otherwise provided in paragraphs 4, 5 and 6 below, all expenses incurred prior to the division of the property as hereinafter provided and in connection with the joint development and use of the property, including property taxes, insurance, subdivision exemption expenses and any other expenses benefiting the property as a whole shall be paid four -sevenths by Gabossis and three -sevenths by Wagners. 4, Loan Payments. Gabossis shall be jointly and severally responsible for the payment of 58.9 percent of the principal and interest due on the loan. from Wells Fargo Bank West, N.A., and Wagners shall be jointly and severally responsible for payment of 41.1 percent of the principal and interest due on said loan. In order to insure timely payment of the monthly installments, each party .shall deposit their share of the total monthly payment, including amaurats paid to any tax and insurance escrow, into a separate account at least seven days before the due date of the installment. Gabossis shall be responsible for timely payment of each note installment from such accounts. The parties shall annually adjust between themselves the payments made for taxes and insurance on the property to reflect the obligations of each party therefore as set forth in paragraphs 3, 5 and 6 hereof. Each party is separately responsible for their share the interest paid on the loan and Gabossis agree not to claim more than their share, adjusted if necessary if the provisions of paragraph 10 apply, as a deduction on their income tax returns. 5. Possession and Use of Lots 1 and .2. At all times during the term hereof, Gabossis shall have the right to possession of the area described as Lots 1 and 2 on the attached Exhibit A, together with one-half the water rights awarded in the aforesaid Case No. 970W162, and the irrigation water and wells appurtenant to said property. Gabossis shall be entitled to occupy the residence and all, other buildinge located thereon without any further compensation due Wagners. Gabossis may make such repairs and improvements, including repairs and improvements to wells, ditches and other water facilities, as they desire on said Lots, all at their sole cost and expense. Gabossis shall pay the cost of all utilities serving that portion of the property, all property taxes levied on the improvements located on that portion of the property a.nd casualty insurance prey cis ns on the improvements. 6. Use and Possession of Lots 3 and 4. At all times during the term of this agreement, Wagners shall be entitled to the use and possession of the property described as Lots 3 and 4 on Exhibit A, together with one-half the water rights .2. 10118/2010 12:42 9709450212 111WAMIMIC 114 W1 1 1344Ir41 111 Roca tion#: 791617 6 of 6Roo Foe$36.9D DoHwy.0 GARF1ELD COUNTY CO PITKIN IRON PAGE 03106 awarded in the aforesaid Case No. 97CW162, and the irrigation water and any wells appurtenant to said property. Wagners may make repairs and improvements to the property, including repairs and improvements to wells, ditches and other water facilities, at their sole cost and expense and occupy and. ise any such improvements. Wagners shall be responsible for the payment for any utilities serving this portion of the property, all property taxes levied on the improvements located on this portion of the property and casualty insurance premiums on the improvements. 7. Division of Property. it is agreed between the parties that, except as may be otherwise agreed regarding the joint development, use and sale of any portions of the property zoned commercial, the property is to be divided between the parties as set forth in paragraphs 5 and 6 above. Within one year from the date of purchase of the property pursuant to paragraph 1 above, Wagners shall pay Gabossis all that part of the rero.aixung balance due on the loan from Wells Fargo Bank West,. N.A. which is their responsibility as provided above. Gabossis shall convey Lots S and 4 (as finally created in the subdivision exemption process) to Wagners free and clear of all liens and encumbrances except for any liens or encumbrances created by or against Wagners. Any other sums due either party at the time of conveyance shall be paid at the time of division. 8. Subdivision Adjustments. In the event the parties are unable to obtain commercial zoning for Lots 2 and 4 on Exhibit A, there shall be no change in the provisions herein regarding the use and development of the properties except that Gabossis may adjust the dividing line between Lots 1 and 2 and Wagners may adjust the boundary line between Lots 3 and 4 to create lots more suitable for residential development. 9. Right of First Refusal, It is hereby understood and agreed that after subdivision exemption approval, either party may sell one or more of the lots owned or to be owned by them but only after full compliance with all terms and conditions of this paragraph 9. Both parties hereby agree not to sell or transfer, or make any contract for the sale or transfer of all or any part of the property unless it is based on a bona fide offer of a third party; and each of the following conditions is met. a. The contract for sale must be a formal, written contract setting forth all the terms and conditions of the proposed sale. (This contract for sale shall be referred to in this paragraph only as the "Formal Contract") b. The selling party must deliver a copy of the Formal Contract to other party by the end of the second business day following the day on which the Formal Contract is signed. Such service shall be an offer to sell to the other party upon the same terms and conditions as set forth in the Formal Contract. c, The other party may accept such offer in writing, any time before the 6:00 P.M. on the twentieth calendar clay following receipt of the offer. Acceptance -3- 10/18/2010 12:42 9709450212 PITKIN IRON Miii rhrzeliiviiirowilt1O'I I iVj Bili, 'ii 111111 Reccp�tion#: 791617 09/1712010 04:23:19 PM Javan Alberloo 4 of 6 RO.e Fo#:$35.00 Doc Fee;9,o0 GARFIELD COUNTY CO PAGE 04/06 must be accompanied by the down payment called for i.0 the Formal Contract in cash or by certified check. Upon acceptance of the offer, both parties shall be bound by all provisions of the Formal Contract and shall close or terminate the transaction as provided therein. d. If the other party shall not give notice of acceptance or exercise the option, the selling party shall be free to execute the sale to the third party pursuant to the Formal Contract free and clear of this right of first refusal. If the sale to the third party shall not close, for whatever reason, the foregoing provisions for the option to purchase shall, apply to any new contract for sale. e. Prior to the closing of away sale pursuant to this paragraph 9, and as a condition precedent there to, the parties shall complete the division of the property pursuant to paragraph 7 above. The terms and conditions of this paragraph 9 shall survive the division of the property pursuant to paragraph 7 above and remain in full force and effect for a period of one year from the date of the purchase of the property pursuant to paragraph 1 above. Upon division of the properties, the parties shall execute a recordable right of first refusal to the others sufficient to evidence the rights granted herein and containing the exact date of expiration of this right. 10. Default and Remedies. Except for the payment due Cabossis, pursuant to paragraph 7 above, in the event either party fails to make any payments required of them under the terns of this Agreement, the other party may advance sufficient funds to cover the amotuats due from such party. Such advance shall be deemed a loan to the other party and bear interest at the rate of fifteen (15) percent per yeax until paid. In the event Wagners fail to make the payment required pursuant to paragraph 7 above, or one party becomes indebted to the other party in an amount of $5,000.00 or more, and after written notice to the defaulting party, all right, title and interest in and to all the property shall be conveyed by the defaulting party to the other party and this Agreement, including the provisions of paragraph 9, shall no longer be of any further force and effect. In any event, the defaulting party shall have the right to cure the default by full payment of all amounts due the other party within thirty days from receipt of the above written notice. 11. Texrxx of Agreement. Except as otherwise provided in paragraph 9 above, this Agreement shall remain in effect upon the parties until such time as Lots 3 and 4 are conveyed by Gabossis to Wagners pursuant to paragraph 7 above, or to one or more third parties pursuant to the provisions of paragraph 9 above. .4.. 10/18/2010 12:42 9709450212 PITKIN IRON PAGE 05/06 rrrI A i 1:1111 IVI 1 MIN IC k 11 IU Reception#: 791617 09/1712010 04:23:19 PI} Jean Marion 5 n► 8 Roo Fee:$36.00 Doo Peo:0.00 GRRFIELO COUNTY o0 12. Miscellaneous Provisions. a. Successors and Assigns. This interests of Gabosais and Wagners are held by both as husband and wife, in joint tenancy with right of survivorship. This Agreement is binding upon the parties hereto and their respective successors, personal representatives, heirs and assigns; however, except as between each husband and wife, no party will have any right to assign any of its rights or obligations under this Agreement without the prior written consent of all other parties, which consent may be withheld for any reason or for no reason at all. b. Amendments. This Agreement and the Exhibits and other documents related hereto set forth the entire agreement of the parties with respect of the subject matter hereof and may not be amended or modified except in writing subscribed to by all of the parties. c. Governing Law. This Agreement is entered into in the County of Garfield, State of Colorado, and governed in all respects by the laws of Colorado. Venue for any action involving this Agreement is expressly agreed to be in Garfield County, Colorado. dr 1Vlodifiications or Severance. In the event that any provision of this Agreement is found by any court or other authority of competent jurisdiction to be illegal or unenforceable, such provision will be severed or modified to the extent necessary to render it enforceable and as so severed or modified this Agreement will continue full force and effect. In witness whereof the parties have executed this Agreement the day and year forst written above. Roc Anthony G, also known as Rocky Gabossi Conrad L. Wagner 0i cO\ , ar/tAf 60VID frrt Ij 10/18/2010 12:42 9769450212 • • VIII AF noir ulll illi Int giem.14/LH'i 11111 Reception#; 791617 0911712010 04:2309 PM Jean Rlberloo 6 of 6 RA6 Fea:$36.00 Doc Fee:0.0171 GARFLELD COUNTY CO MCa*! rf;r4 P6ilifir' Ort.t ✓ and M POMOO'w Otto wn/4 110,10. ?WI orm■Nam 4rlrWlA01✓fNI4 ICI Avoalr11411rest maim llamas Tiewatiploglis rt rA ANCIOP17M6RRltj .014.11“ sole rile usf A DIM= IWOM nwMM um= 'The MyrAoutoieue PA11t11 % 1wIM sd mom r Ur A mmtlatt'JOT Wm PAM fSAIp Nat mom irw tlM ea▪ 411111 MUM LURA PIPMVMS OP IMO MUM tom pain lal lra• usfA711ttA11q,p1 Ppm W W114R HangInt• On A *MUMb. 0,.n mwrimlP mom 41 111111111'Sl• LUTA 6111M1tlfr MILM PTTr4R1l1I 1 0/ pLOLOIO+6. W M OP Puerta* 140t 4)100,00 ..ms 01 We 1144111 .try u IL�1Mi Ftwwa6p.lC.ats WI of PITKIN IRON PAGE 06/06 • i• I•rgstgn dtih lMtAteR e1tP NM eat• Ateeimni iet6Pte CSWh tt. h3Y15'19• , ae1I1t17'V 13489' f - C▪ r[1411,14 14 Vrtnr� Creeel s I • . • Immo 41 as 1Pp.•PPs 0.te15 EeTn,e.1 Intice:n *ACK 6,0, D.tgh Rea I is emprilen4ece CR permit... I,or 1 Iv" CM}, .r+6r•M 1 r. ..r.rr Mtrr'lth Ii1E sq^ dA rmnl VI 414.1 C44, Pt ;rx•.,q Orivi wily _�1lsl. C44teriee er +,r won Pubis 1.rrr,.• Eetr,rses w. D. 1 or ParMnt xa ,14 r'7tcre t..n 4ti-on Isem WC, I*. Ir. •sr State Highwa lots 2 Am!) 64Z c utfed sc. bc4k I045 dk d" - 4r -Stze r io chttrc Root.$ Psi 1144,d uta I4l t a Eta I . rtetr,rnt xi t' ;± I Foran No. GWS -11 1/2009 STATE OF COLORADO OFFICE OF THE STATE ENGINEER 818 Centennial Bldg., 1313 Sherman St., Denver, CO 80203 Phone — Info: (303) 866-3587 Main: (303) 866-3581 Fax: (303) 866-3589 http://www.water.state.co.us For Office Use Only CHANGE IN OWNER NAME/ADDRESS CORRECTION OF THE WELL LOCATION Review instructions on the reverse side prior to completing the form. Name, address and phone of person claiming ownership of the well permit: NAME(S): Mailing Address:44523 City, St. Zip: Phone: ( Old Orchard Subdivision Homeowners Associatioi Highway 6 Glenwood Springs, CO 81601 970 )384 - 2630 E-mail (optional): This form is filed by the named individual/entity claiming that they are the owner of the well permit as referenced below. This filing is made pursuant to C.R.S. 37-90-143. WELL LOCATION: Well Permit Number: 68856-F Receipt Number: Case Number: County Garfield Well Name or # (optional) Bowies Wel 1 No_ 2 (Address) (City) (State) (Zip) NW of the NW 1/4, Sec.35 , Twp. , ❑ N. or E] S., Range 90 ❑ E. or,C7 W., 6th P.M. .1/4 Distance from Section Lines: 1250 Ft. From Ft. From i1 N. or ❑ S., 960 ❑ E. or j W. Line. , Filing/Unit Subdivision Name Lot Block The above listed owner(s) say(s) that he, she (they) amended for the following reasons: [x] Change in name of owner ❑ Change in mailing 8, 1972 and non-exempt wells permitted before Please see the reverse side for further information own the well permit described herein. The existing record is being for exempt wells permitted prior to May well location. address ■ Correction of location May 17, 1965. regarding correction of the 1 (we) claim and say that I (we) (are) the owner(s) of the well permit described above, know the contents of the statements rnade herein, and state that they are true to my (our) knowledge. Signature(s) of the new owner Please print the Signer's Name & Title Rocky Gabossi, Pres. Old Orchard Subdivision HOA Date It is the responsibility of the new owner of this well permit to complete and sign this form. Signatures of agents are acceptable if an original letter of agency signed by the owner is attached to the form upon its receipt. For Office Use Only State Engineer By Date DISTRICT COURT, WATER DIVISION 5, GARFIELD COUNTY, COLORADO Court Address: 109 8TH Street, Suite 104 Glenwood Springs, Colorado 81601 CONCERNING THE APPLICATION FOR WATER RIGHTS OF: Estate of Dorothy L. Bowes IN GARFIELD COUNTY ♦ COURT USE ONLY Old Orchard Subdivision Homeowners Association 44523 Highway 6 Glenwood Springs, CO 80601 970-384-2630 Case No. 97 CW162 NOTICE OF TRANSFER OF CONDITIONAL WATER RIGHT Old Orchard Subdivision Homeowners Association, an unincorporated not-for-profit association, submits this Notice of Transfer of Conditional Water Right as follows: 1. Title and case number of the case in which the Conditional Decree was entered: In the Matter of the Application of Surface Water Rights, Storage Water Right and Plan for Augmentation of Estate of Dorothy L. Bowles in Garfield County, Colorado, Case No. 97CW162. 2. Description of conditional water rights transferred: 25% interest in 0.50 cfs, conditional, Bowles Diversion for domestic, fire protection and storage in Bowles Pond, First Enlargement, legally described as beginning at the point of diversion from a natural gulch known as Bowles Gulch and located at a point in said natural gulch from whence the West Quarter Corner of Section 35, Township 5 South, Range 90 West of the 6th P.M. bears South 48° 29' West 1358.28 feet, as decreed in Case No. 97CW162, District Court, Water Division 5, Colorado; and 25% interest in 2.50 AF, conditional, with the right to fill and refill in priority, to the Bowles Pond, First Enlargement, for fire protection and augmentation of 30 single family dwellings, legally described as having a center point in Section 35, Township 5 South, Range 90 West of the 6th P.M. at a point 1000 feet from the West Section line and 1750 feet from the North Section line of said Section 35, as decreed in Case No. 97CW162, District Court, Water Division 5, Colorado. Bowles Well No. 2, permitted by Colorado Division of Water Resources Permit No. 68856-F and the related Plan for Augmentation decreed in Case No. 97CW162, District Court, Water Division 5, Colorado 3. Name of Transferor: Roc Gabossi and May Ann Gabossi. 4. Name of Transferee: Old Orchard Subdivision Homeowners Association 44523 Highway 6 Glenwood Springs, CO 80601 970-384-2630. 5. A copy of the recorded deed transferring the subject water rights is attached. Dated this day of , 2011. Old Orchard Subdivision Homeowners Association unm nui nNii iiiid ilii nil mnii iii nisi im 1111 610823 09/17/2002 03:25P 01387 P114 M ALSDORF 1 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO )ss County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 16th day of September A.D. 2002, there were present: John Martin Larry McCown Walt Stowe Don DeFord Mildred Alsdorf Ed Green , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION No. 2002-84 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION MOM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR ROCKY AND MARY GABOSSI. WHEREAS, Rocky and Mary Gabossi petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "subdivision" and "subdivided land" under C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended, and the Subdivision Regulations of Garfield County Colorado, adopted April 23, 1984, Section 8:00 through 8:60 and for the division of a 61.468 acre tract as described in Book 1248, Page 776 and 777, as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into three (4) tracts of approximately 20.479 acres, 2.766 acres, 20.848 acres, and 17.375 acres each with the exemption parcels more practically described as follows and contained in Exhibit A: Lot 1: See Exhibit A (attached) Lot 2: See Exhibit A (attached) Lot 3: See Exhibit A (attached) Lot 4: See Exhibit A (attached) WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that the 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 division does not warrant further subdivision review; and 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 a1 2 1111111111111111111111111111111111111111111111111111111 610823 09/17/2002 03:28P 81387 P118 M ALSDORF 2 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO domestic water on each of said parcels, that there is existing ingress and egress to said parcels, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is not part of an existing or larger development and does not fall within the general purposes and intent of the Subdivision Regulations of the State of Colorado and the County of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in C,R,S. 1973, 30-28-101 (10) (a) -(d), as amended; and NOW THEREFORE, BE IT RESOLVED that the division of the above described 61.468 acre parcel is hereby exempted from such definitions and may be conveyed in the form of the "Lot 1", "Lot 2", "Lot 3", and "Lot 4" of the Gabossi Exemption , as are more fully described above and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this 1 6' day of September, A.D. 2002 ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, C ORADO COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L, MCCOWN COMMISSIONER WALTER. STOWE • STATE OF COLORADO )ss County of Garfield , Aye , Aye , Aye County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. 2 1111111111111111111111111111111111111111111111111111111 610823 09/17/2002 03125P B1387 P116 M ALSDORF 3 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners 3 E LEGAL DESCRIPTION LOT 1 A TRACT LIF LAND SITUATED IN THE NW1/4 OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 90 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS BEGINNING AT A POINT FROM WHICH THE NORTH 1/4 CORNER OF SAID SECTION 35 BEARS N,45'21'31'E. 855,56 FEET, SAID NORTH 1/4 CORNER BEING A IRON PIPE WITH AN ALUMINUM CAP, PLS NO. 15710; THENCE S,26.31106'E. 55.72 FEET; THENCE S.26'11'52'4/, 62.99 FEET; THENCE S.11.39'34'4/, 51,69 FEET; THENCE S,37'28`23'W, 80.15 FEET; THENCE S.49'48'42'14. 68.45 FEET; THENCE 5,22'37'14'W. 167,65 FEET; THENCE S.04'15`08"E. 209.64 FEET; THENCE S.40'24`52'W. 63,16 FEET; THENCE S,23.42'17'W. 160.96 FEET; THENCE S.34'01'36'W, 250.32 FEET; THENCE S.28'03`51'E, 69.80 FEET; THENCE S.02'38'42'W, 142.25 FEET) THENCE S,80.11'S1'E. 121120 FEET; THENCE N,72'59'26'E, 10115 FEET; THENCE S.68°43'16'E. H0.% FEET; THENCE S.74°56'17'E. 210.39 FEET; THENCE N,84`18'28`E, 105.41 FEET; THENCE S.24'46'00'W. 319.39 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF STATE HIGHWAY 6 AND 24; THENCE ALONG SAID RIGHT OF WAY THE FOLLOWING 6 COURSES) 1) THENCE N,65'14`001W, 489.04 FEET; 2) THENCE 426.40 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 2010.00 FEET, A CENTRAL ANGLE OF 12.09'17' AND SUB- TENDING A CHORD WHICH BEARS N.71'19'38'4/. 425.60 FEET; 3) THENCE S,13'12'00`W, 50.00 FEET) 4) THENCE 270.72 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1960.00 FEET, A CENTRAL ANGLE OF' 07'54'49' AND SUB -TENDING A CHORD WHICH BEARS N.81'21'351W. 2270,50 FEET; 5) THENCE N.B5419'00'W. • 368.00 FEET; 6) THENCE 109.74 FEET ALONG THE ARC OFA CURVE TO THE RIGHT HAVING A RADIUS OF 5680.00 FEET, A CENTRAL ANGLE OF 01406'25' AND SUB- TENDING A CHORD WHICH BEARS N,84'45`48'W. 109.74 FEET; THENCE DEPARTING SAID RIGHT OF WAY N,23'00'10`E. 85.51 FEET; THENCE. N.33'41'22'E. 273.31 FEET) THENCE N.10'41'01'E. 126.20 FEET). THENCE N.18'00`46'E. 102,71 FEET; THENCE S.79.05'06'E, 44,25 FEET; THENCE N,87'14'08'E, 373,76 FEET; THENCE S.83.55'42'E, 116.11 FEET) THENCE N.45121'31'E. 1000.98 FEET TO THE POINT OF BEGINNING. TOGETHER WITH AND SUBJECT TO THE ACCESS AND UTILITY EASEMENTES) INDICATED HEREON. SAID TRACT OF LAND CONTAINS 20,479 ACRES, MORE UR LESS, LEGAL DESCRIPTION LOT 2 A TRACT. OF LAND SITUATED IN THE .NW1/4 OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 90 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS..: BEGINNING AT A POINT FROM WHICH THE NORTH 1/4 CORNER OF SAID SECTION 35 BEARS N.45'21'31'E. 1856,54 FEET, SAID NORTH 1/4 CORNER BEING A IRON PIPE WITH AN ALUMINUM CAP, PLS NO, 15710; THENCE N.220'42'31'W, 84,87 FEET; THENCE N.26.55'22`W, 62.07 FEET; THENCE N.31'52`13'W, 130,89 FEET) THENCE N,35'15'19'14. 161,50 FEET; THENCE N.37'33'49'4/. 59.61 FEET) THENCE N,50'44'37'W. 38.18 FEET) THENCE 5.04.22'29'W. 85.53 FEET) THENCE S.37'48'14'4/, 135.68 FEET; THENCE S.23'33'14'4/. 128.60 FEET; THENCE S.45.44`37°V. 194.88 FEET) THENCE S.89'42'59`E. 34.78 FEET) THENCE S.79'05'06'E. 44.25 FEET) THENCE N.87'14'08'E. 373.76 FEET; THENCE S.83'55'42'E, 116,11 FEET TO THE POINT OF BEGINNING. TOGETHER WITH AND SUBJECT TO THE ACCESS AND UTILITY EASEMENT(S) INDICATED HEREON. SAID TRACT OF LAND CONTAINING 2.766 ACRES, MORE OR LESS IIIIIIIIIIIIIII1IIIIIIIIIIIIIIIIIIIIIIIDIIII1IIIIIIII1 E 23 09/17/2002 03:25P 91387 P117 M ALSDORF 4 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO LEGAL DESCRIPTION LOT 3 A TRACT ❑F LAND SITUATED IN THE NW.1/4 OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 90 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SEI/4NW1/4 OF SAID SECTION 35, SAID POINT BEING A REBAR WITH AN ALUMINUM CAP, PLS NO. 15710 FOUND IN PLACE FROM WHICH THE NORTH 1/4 CORNER DF SAID SECTION 35 BEARS, 14.074'03'10'W. 1321.88 FEET, SAID NORTH 1/4 CORNER BEING A IRON PIPE WITH AN ALUMINUM CAP, ALS NO. 15710; THENCE 5.07.03'10'E, ALONG THE EAST LINE OF SAID SE1/4NW1/4 A DISTANCE OF 548.14 FEET; THENCE DEPARTING SAID EAST LINE S.90.00'00'W. 84.81 FEET; THENCE S.00.40'50'W. 80.42 FEET; THENCE S.10'10'24'E, 237.69 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF COUNTY ROAD NO. 138; THENCE ALONG SAID RIGHT OF WAY THE FOLLOWING FOUR COURSES 1) THENCE S.68•56119'W. 119.42 FEET; 2) THENCE S.75'17'17'W, 119.64 FEET; 3) THENCE S.79`09'05'W, 64.99 FEET; 4) THENCE S.67.03'21'W. 153,83 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF STATE HIGHWAY 6 AND 24; THENCE N.65'14'00'W. 269.18 FEET ALONG SAID RIGHT OF WAY; THENCE DEPARTING SAID RIGHT OF WAY N.24.46'00'E. 319.38 FEET] THENCE S.84°18'28'W. 105.41 FEET; THENCE N.74'56'17"W. 210.39 FEET; THENCE N.68'43'16'W. 110.56 FEET; THENCE S,72°59'26'W. 101.15 FEET; THENCE N.80411'51'W. 128.20 FEET; THENCE N.02'38'42'E, 142.25 FEET; THENCE N.28'03'51'W. 69.80 FEET; THENCE N.34.01'36'E. 250.32 FEET; THENCE N.23.42'17'E, 160.96 FEET; THENCE .N.40'24'52'E. 63.16 FEET; THENCE N.88'28'24'E. 158.62 FEET; THENCE S.79'43'07'E. 159,13 FEET; THENCE S.84°39`20'E. 621.99 FEET TU THE POINT OF BEGINNING. TOGETHER WITH AND SUBJECT TO THE ACCESS AND UTILITY EASEMENT(S) INDICATED HEREON, SAID TRACT OF LAND CONTAINS 20,848 ACRES, MORE OR LESS LEGAL DESCRIPTION LOT 4 A TRACT OF LAND SITUATED IN THE NW1/4 OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 90 WEST OF THE 6TH P,M., COUNTY OF GARFIELD, STATE OF COLORADO, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE NORTH 1/4 CORNER OF THE ❑F SAID SECTION 35, SAID POINT BEING A IRON PIPE WITH AN ALUMINUM CAP, PLS NO. 15710; THENCE S.07°03'10'E, ALONG THE EAST LINE OF THE NE1/4NW1/4 OF SAID SECTION 35 A DISTANCE OF 1321,88 FEET TO THE SOUTHEAST CORNER OF SAID NE1/4NW1/4, SAID POINT BEING A REBAR WITH AN ALUMINUM CAP, PLS NO. 15710 FOUND IN PLACE; THENCE DEPARTING SAID EAST LINE N,84`39`20'W. 621.99 FEET; THENCE N.79'43'07'W, 159.13 FEET; THENCE S.88'28'24'W. 158.62 FEET; THENCE N,04'15'08'W. 209.64 FEET; THENCE N.22'37'141E. 167.65 FEET;, THENCE N.49.48'42'E. 68.45 FEET; THENCE N.37`28'23'E. 80.15 FEET; THENCE N.11'39'34'E, 51.69 FEET; THENCE N.26°11'52'E. 62.99 FEET; THENCE N.26°31`06'W. 55.72 FEET; THENCE N.45'21'31'E, 855.56 FEET TO THE POINT OF BEGINNING. TOGETHER WITH AND SUBJECT TO THE ACCESS AND UTILITY EASEMENTS) INDICATED HEREON SAID TRACT OF' LAND CONTAINS 17.375 ACRES, MORE OR LESS. 111111111111111111111111111111111111111111111111111101 610823 09/17/2002 03:23P B1387 P118 14 ALSDORF 5 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO 110111 11111 X111ICH 111111111111111 BEN ' 622699 03/11/2003 04 19P D1445 P382 M ALSDORF 1 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs on, Monday, the 5th day of August A.D. 2002, there were present: John Martin , Commissioner Chairman Larry McCown , Commissioner Walt Stowe , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Ed Green , County Manager when the following proceedings, among others were had and done, to wit: RESOLUTION No. a, p o 3—[a A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE DEFINITION OF SUBDIVISION IN THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR ROCKY AND MARY GABOSSI FOR A PROPERTY LOCATED IN THE NW t/. OF SECTION 25, TOWNSHIP 5 SOUTH, RANGE 90 WEST OF THE SIXTH P. M. GARFIELD COUNTY, COLORADO WHEREAS, Rocky and Mary Gabossi petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "subdivision" and "subdivided land" under C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended, and the Subdivision Regulations of Garfield County Colorado, adopted April 23, 1984, Section 8:00 through 8:60 and for the division of a 61.468 acre tract as described in Book 1248, Page 776 and 777, as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into four (4) tracts of approximately 20.220 acres, 34.685 acres, 3.13 acres, and 3.43 acres each with the exemption parcels more practically described as follows and contained in Exhibit A: Lot 1: See Exhibit A (attached) Lot 2: See ExhibitA (attached) Lot 3: See Exhibit A (attached) Lot 4: See Exhibit A (attached) WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that the 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 tiivi, inn rinds not warrant f'nrthpr ciihrdivitinn rAvickw• anri HUN 11111111111111111111111111 1111111111111111111111 622699 03/11/2003 04:19P B1445 P383 M ALSDORF 2 of 5 R 0:00 D 0.00 GARFIELD COUNTY CO 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 parcels, that there is existing ingress and egress to said parcels, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is not part of an existing or larger development and does not fall within the general purposes and intent of the Subdivision Regulations of the State of Colorado and the County of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended; and WHEREAS, this Resolution as approved, signed, and recorded in the Garfield County Clerk and Recorder's Office, shall render Resolution No. 2002-84 (which is an earlier Exemption from the Definition of Subdivision granted by the Board of County Commissioners to Rocky and Mary Gabossi on September 16, 2002) fully null and void; and NOW THEREFORE, BE IT RESOLVED that the division of the above described _61.468 acre parcel is hereby exempted from such definitions and maybe conveyed in the form of the "Lot 1", "Lot 2", "Lot 3", and "Lot 4" of the Gabossl Exemption. , as are more fully described above and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this 1011 day of March, A.D. 2003 ATTEST; „0". 07i'7�',rrrr ........ Wo le • d C6 -441f GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, C DO Upon motion duly made and seconded the forego] following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI }IOUPT STATE OF COLORADO )ss County of GarfeTd , Aye ,Aye , Aye I111ll1ll1f 111111 1111 11111 111111 1111111 111 11111 1111 1111 622699 03/11/2003 0419P 61445 P384 M ALS©ORF 3 of•5 R 0,00 D 0.00 GARFIELD COUNTY CO I, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners 3 LEGAL DESCRIPTION LOT 2 • A TRACT OF LAND SITUATED IN THE NW/4 OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 90 WEST DF THE GTH P.M, COUNTY OF GARFIELD, STATE OF COLORADO, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE N1/4 CORNER OF SAID SECTION 35, SAID POINT BEING AN IRON PIPE WITH AN ALUMINUM CAP, PLS NO, 15710j THENCE ALONG THE EAST LINE OF SAID NV1/4 S.07'03'10'E. 1870.02 FEET; THENCE DEPARTING SAID WEST LINE N.90`00`00'W. 04.81. FEET) THENCE S.00'40'50`W. 80,42 FEET; THENCE S.10'10'24'E. 123.46 FEET) THENCE S,79`49'36'W. 85,74 FEET; THENCE N.5B'20'18'W. 80.34 FEET; THENCE 19.34 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 35.00 FEET, A CENTRAL ANGLE or 31'39'42' AND SUBTENDING A CHORD WHICH BEARS N.74'10'09'W, 19,10 FEET; THENCE N.90.00'00'W. 3B.1B FEET; THENCE 88,08 FEET ALONG THE ARC OFA CURVE TO'THE R]GHT HAVING A RADIUS OF 515.00 FEET, A .CENTRAL ANGLE OF 09'47'59" AND SUBTENDING A CHORD WHICH BEARS N.85'06'O1'14 87.98 FEET; THENCE N.8042'01'W. 56,76 .FEET; THENCE 110.48 FEET ALONG THE. ARC IIF A CURVE TO THE RIGHT HAVING A RADIUS of 65.00 FEET, A CENTRAL. ANGLE OF 97.20'08' AND SUBTENDING A CHORD WHICH BEARS N.31.31V57'W, 97.62 FEET; THENCE N.84'09'51'W. 119.80 FEET; THENCE S.84'I8'28'W. 105.41 FEET; THENCE N.74.56'17'./. 210.39 FEET; THENCE N.68`43'16'W, 110.56 FEET; THENCE S.72.59'26'W, 101.15 FEET; THENCE N.80'11'S1'W. 128.20 FEET) THENCE N.02'38'42'E, 142.85 FEET; THENCE N.28'03'51"W. 69.80 FEET; THENCE N.34.01'36'E. 250,32 FEET; THENCE N.23'42'17"C, 160.96 FEET; • THENCE N.40'24'52'E, 63.16 FEET; THENCE N.04'15'08'W, 209.64 FEET; THENCE N.28'37'14'E. 167.65 FEET; THENCE N.49'48'42'E. 68.45 FEET; THENCE N.37.28'23'E. 80.15 FEET; THENCE N,11'39'34'E. 51.69 FEET; THENCE N26'11'52'E. 62.99 FEET; THENCE N.26.31'06'W. 55.72 FEET; THENCE N.45.21'31'E. 855.56 PEET TO THE. POINT DF BEGINNING. SAID TRACT OF LAND CONTAINS 1,510.900 SQ.FT. OR 34.585 ACRES, MORE OR LESS. LEGAL DESCRIPTION LOT 4 A TRACT OF LAND SITUATED IN THE NWI/4 OF SECTION 35, TOWNSHIP 5 S(j BRANGE__20 WEST OF THE 6TH P.M, COUNTY OF GARFIELD, STATE. OF COLORADO, SAID TRACT OF LAND BEING MORE PARTICULARLY DE'SG`RT ED IE;S' FOLLOWSg BEGINNING AT A POINT FROM WHICH THE NI/4 CORNER OF SAID SECTION 35 BEARS N.10.07'06'E. 1944.83 FEET, SAID POINT BEING AN IRON PIPE WITH AN ALUMINUM' CAP, PLS NO, 15710; THENCE S.24'46'0014 324.52 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF STATE HIGHWAY 6 AND 24; THENCE ALONG SAID RIGHT OF WAY S.65`14'00'E, 254.18 FEET TO A POINT WHICH INTERSECTS THE NORTHWESTERLY -RIGHT OF WAY OF GARFIELD COUNTY ROAD NO. 138; THENCE ALONG SAID NORTHWESTERLY RIGHT OF WAY THE FOLLOWING FOUR (4) COURSE&. THENCE N.67'03'21'E. 153.83 FEET; THENCE N.79'09'05'E. 64.99 FEET; THENCE 'N.75'17'17'E. 119.64 FEET; THENCE N.68`56'19'E, 119.42 FEET; THENCE DEPARTING SAID RIGHT OF WAY N.10.10'24'W. 114.23 FEET; THENCE S.79'45'36'W. 85.70 FEET; THENCE N.58'20'16'V. 80.34 FEET; THENCE 19,34 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RA US OF 35.00 FEET, A CENTRAL ANGLE OF' 31'39'4E' AND SUB -TENDING A CHORD WHICH BEARS N.741.0'09'W. 19.10 FEET; THENCE N.90'00'0D'W. 38,18 FEET; THENCE 88.08 FEET ALONG THE ARC DF A CURVE TO THE 'RIGHT HAVING A RADIUS OF 515.00 FEET, A CENTRAL ANGLE OF 09'47'59' AND SUB -TENDING A CHORD WHICH BEARS N.85'06'01'W. 87.98 FEET, THENCE N.90'12'01'W, 56.76 FEET; THENCE 110.48 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 65.00 FEET, A CENTRAL ANGLE OF 97'20'08" AND SUB -TENDING A CHORD WHICH BEARS N,31.31'57'W. 97.62 FEET; THENCE N.84'08'51`4/, 103.94 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 149,257 SQ,FT. OR 3.43 ACRES, MORE OR LESS. EXHIBIT a m ----�- • mama to (aa inn nom illallit at m NICs vim mw' swawa a▪ l ▪ 011 D .b g1J- n mom ac mow moo- - tuna� liilll iilll111111III 11111llllil1i1i1111111111l ALSDORF 1 626�Z699 03/11f2003 04:19P 13144`3 P38 5 of 5 R 0.00 0 0.00 GARFIELD COUNTY CO LEGAL DESCRIPTION L13T 1 A 'TRACT OF' LAND SITUATED IN THE Nt./1/4 OF SECTI❑N 35, TOWNSHIP 5 SOUTH, RANGE 90 VEST OF THE 6TH P.M„ COUNTY OF GARFIELI;, STATE OF COLORADO, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A. P❑INT FROM WHICH THE NORTH 1/4 CORNER OF SAID SECTION 35 BEARS N.45'21'311. 855.56 FEET, SAID NORTH 1/4 CORNER BEING A IRUN PIPE WITH AN ALUMINUM CAP, PLS NO. 15710; THENCE S.26'31'06'E. 55,72 FEET; THENCE 5.26'11'52'W. 62.99 FEET; THENCE S.11`39'34'W. 51.69 FEET; THENCE S.37'28'231/. 80.15 FEET; THENCE S.49'48'42'W, 68A5 FEET) THENCE S.22137`14'V. 167.65 FEET) THENCE S.0415'08'E, 2209.64 FEET; THENCE S.40'24'522111. 63.36 FEET; THENCE S.23142'17'4 160.96 FEET; THENCE 5.34'01'36'V. 250.32 FEET; THENCE S.28303'511E. 69,80 FEET; THENCE S.02138`42'W. 27657 FEET TO A POINT {3N THE NORTHERLY RIGHT OF WAY OF STATE HIGHWAY 6 AND 24; THENCE ALONG SAID RIGHT OF WAY THE FOLLOWING 5 COURSES: 1) THENCE 358.13 FEET, ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 2010.00 FEET, A CENTRAL ANGLE' Or 10'12'31' AND SUB- TENDING A CHORD WHICH BEARS N,72.17`01.'W. 357.65 FEET; 2) THENCE S.13112'00'W. 50.00 FEET; 3) THENCE 270.72 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1960.00 FEET, A CENTRAL ANGLE OF 07'54`49' AND SUD-TENDING A CHORD WHICH DEARS N.811221'351W. 270.50 FEET; 4) THENCE N,85'19'00'W, 368.00 FEET; 5) THENCE 109.74 FEET ALONG THC ARC OFA CURVE TO THE RIGHT HAVING A RADIUS OF 5680.00 FEET, A CENTRAL ANGLE OF 01'06'25' AND SUB- TENDING A CHC3RD WHICH BEARS N.84'45'48'W. 109.74 FEET; THENCE DEPARTING SAID RIGHT OF WAY N.2310D'10"E: 85,51 FEET; THENCE N.33141'221E. 8873.31 FEET,' THENCE N.10'41'011E. 126.20 FEET; THENCE N.18'00'46'E. 102.71 FEET; THENCE S.79'05'06'E. 44.25 FEET; THENCE N.97'14'08'E. 373.76 FEET; THENCE S.83'55'42'E. 116.11 FEET; THENCE N.45'221'31'E. 1000.98 FEET TO THE PAINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 20.220 ACRES, MORE OR LESS, LEGAL DESCRIPTION LOT 3 A TRACT OF LAND SITUATED IN THE NW1/4 OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 90 WEST OF THE 6TH P.14., COUNTY OF GARFIELD, STATE OF COLORADO, SAID TRACT CIF LAND BEING M❑RE PARTICULARLY DESCRIBED AS FOLLOWS$ BEGINNING AT A POINT FROM WHICH THE NI/4 CORNER OF SAID SECTION 35 BEARS N.10'07'06"E, 1944.83 FEET, .SAID POINT BEING AN IRON PIPE WITH AN ALUMINUM CAP, ALS NII. I5710; THENCE S.24'46`00'W. 324.52 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY or STATE HIGHWAY 6 AND 24; THENCE ALONG SAID RIGHT OF WAY N.65114'00'W. 504,04 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY 68,27 FEET ALONG THE ARC DF A CURVE TO THE LEFT HAVING A RADIUS OF 8010,00 FEET, A CENTRAL ANGLE DF 01'56'46' AND SUBTENDING A' CHORD WHICH BEARS N,66'12'33'W. 68.27 FELT; THENCE DEPARTING SAID RIGHT OF WAY N.02138'42'E. 134.32 FEET; THENCE 5.80.11'51'E, 128.20 FEET; THENCE N.72'59`26'E. 101.15 FEET; THENCE S.68'43'16'E. 110.56 FEET; THENCE S.74'56'17'E. 210.39 FEET; THENCE N.84'18`281E, 105.41 'FEET] THENCE S.B4.08'51'E. 15.86 FEET TO THE POINT OF BEGINNING. 5410 TRACT OF LAND CONTAINS 136,553 SOFT. LIR 3.13 ACRES. MORE t1 LESS. 1111111 1111 IIIIN 11111 1111 11111 111111111 1111111111111 683629 10/04/2005 02:23P B1732 P859 M ALSDORF 1 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs on Monday, the 1st day of August, 2005, A. D. there were present: John Martin , Commissioner Chairman Larry McCown , Commissioner Tresi Houpt , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Ed Green , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2005-73 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR AN ACCESSORY DWELLING UNIT FOR A PROPERTY LOCA LED AT 44523 HWY 6 GARFIELD COUNTY, COLORADO. WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"), has received an application for a Special Use Permit ("SUP") for an accessory dwelling unit from Rocky Gabossi, for a property located at 44523 HWY 6 within the A/RJRD zone district; and WHEREAS, the Board held a public hearing on the 1' day of August, 2005 A.D.; upon the question of whether the above described SUP should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said special use permit; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners and proof thereof submitted in the record; 2. That the hearing before the Board of County Commissioners was extensive and complete, that sufficient pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting; 1 1111111 11111 Mill 1111 1111 11111 111111111 11111 1111101 583529 10/04/2005 02:23P B1732 P860 M ALSDORF 2 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO 3. That for the above stated and other reasons, the proposed special use permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conformance with §3.02.03 and 5.03.021 of the Garfield County Zoning Resolution of 1978, as amended; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that SUP is hereby approved subject to compliance with all of the following specific conditions: 1. All representations of the applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval unless otherwise modified by the Board. 2. All lighting associated with the ADU shall be the minimum amount necessary. All exterior lighting shall be shielded to prevent light trespass on any adjoining property and be downward facing towards the structure. 3. The Applicant shall obtain the appropriate 1SDS permit as part of the building permit process for the ADU. This system shall comply with the regulations and standards required by the Colorado Department of Public Health and Environment. 4. The applicant shall obtain any applicable CDOT access permits and any Garfield County grading permits. 5. That the applicant shall meet all requirements of the Garfield County Zoning Resolution of 1978, as amended, and shall meet all building code requirements. 6. That the gross floor area of the accessory dwelling unit shall not exceed 1,500 square feet. 7. That the accessory dwelling unit shall not be conveyed as a separate interest but may be leased. 8. That, prior to issuance of the special use permit, the water quality be tested by an independent laboratory and meet State guidelines concerning bacteria and nitrates. 2 1111111III11111111111IIIIIII11III111111III11111IIIIIIII 383629 10/04/2005 02:23P 01732 P861 M ALSDORF '3 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO Dated this 3rd day of October ATTEST , A.D. 20 0 . GARFIELD CO COMMIS , IO OUNTY Chairm TY. BOARD OF GARFIELD 0 Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT STATE OF COLORADO ) )ss County of Garfield ) _, Aye Aye , Aye County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners 3 1111111 11111111 683629 10/04/2005 02:23P B1732 P859 M ALSDORF 1 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs on Monday, the 1st day of August, 2005, A. D. there were present: John Martin , Commissioner Chairman Larry McCown , Commissioner Tresi Houpt , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Ed Green , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2005-73 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR AN ACCESSORY DWELLING UNIT FOR A PROPERTY LOCATED AT 44523 HWY 6 GARFIELD COUNTY, COLORADO. WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"), has received an application for a Special Use Permit ("SUP") for an accessory dwelling unit from Rocky Gabossi, for a property located at 44523 HWY 6 within the A/R/RD zone district; and WHEREAS, the Board held a public hearing on the l st day of August, 2005 A.D., upon the question of whether the above described SUP should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said special use permit; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners and proof thereof submitted in the record; 2. That the hearing before the Board of County Commissioners was extensive and complete, that sufficient pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting; 1 I illlll VIII 1111111 VIII IIII VIII 111111 III 11111 IIII IIII 583629 10/04/2005 02:23P B1732 P860 M ALSDORF 2 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO 3. That for the above stated and other reasons, the proposed special use permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conformance with §3.02.03 and 5.03.021 of the Garfield County Zoning Resolution of 1978, as amended; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that SUP is hereby approved subject to compliance with all of the following specific conditions: 1. All representations of the applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval unless otherwise modified by the Board. 2. All lighting associated with the ADU shall be the minimum amount necessary. All exterior lighting shall be shielded to prevent light trespass on any adjoining property and be downward facing towards the structure. 3. The Applicant shall obtain the appropriate ISDS permit as part of the building permit process for the ADU. This system shall comply with the regulations and standards required by the Colorado Department of Public Health and Environment. 4. The applicant shall obtain any applicable CDOT access permits and any Garfield County grading permits. 5. That the applicant shall meet all requirements of the Garfield County Zoning Resolution of 1978, as amended, and shall meet all building code requirements. 6. That the gross floor area of the accessory dwelling unit shall not exceed 1,500 square feet. 7. That the accessory dwelling unit shall not be conveyed as a separate interest but may be leased. 8. That, prior to issuance of the special use permit, the water quality be tested by an independent laboratory and meet State guidelines concerning bacteria and nitrates. 2 1 111111 11111 1111111 11111 1111 11111 111111 111 Hill 1111 101 .683629 10/04/2005 02 23P 61732 P861 M ALSDORF '3 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO Dated this 3rd day of October ATTEST , A.D. 20 0 6 . GARFIELD CO COMMIS OUNTY Chairm TY BOARD OF GARFIELD 0 Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT STATE OF COLORADO ) )ss County of Garfield } , Aye , Aye , Aye County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners 3 Sill fi ,flit {'ai !MIR!, 0,/ 11 111 ' Reception#!: 770883 0710712009 12:10:07 PM Jean Rlberico 1 of 1 Rec ree:$O.OW Doc Eeo:0.00 GRRFIEI_D COUNTY CO SPECIAL USE PERMIT for Rocky Gabossi 44523 Hwy 6 & 24, New Castle, Colorado Parcel Number: 212335200185 In accordance with and pursuant to the provisions of the Garfield County Zoning Resolution of 1978, as amended, and Resolution No. 2005.73 of the Board of County Commissioners of Garfield County, State of Colorado, hereby authorizes, by Special Use Permit, the followi>ag activity: An Accessory Dwelling Unit The 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 regulations of the Board of County Commissioners of Garfield County, Colorado. Arl bST; GARFIELD COUNTY BOARD OF COMMISSIONERS, GARIi`IEL D COUNTY OLORADO ryt lerk of the Board AB VIII 1111111111111111VIII111111III1111111111111 683629 10/04/2005 02:23P B1732 P859 M RLSDORF 1 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs on Monday, the 1st day of August, 2005, A. D. there were present: John Martin Larry McCown Tresi Houpt Don DeFord Mildred Alsdorf Ed Green , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were bad and done, to -wit: RESOLUTION NO. 2005-73 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR AN ACCESSORY DWELLING UNIT FOR A PROPERTY LOCATED AT 44523 HWY 6 GARFIELD COUNTY, COLORADO. WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"), has received an application for a Special Use Permit ("SUP") for an accessory dwelling unit from Rocky Gabossi, for a property located at 44523 HWY 6 within the A/R/RD zone district; and WHEREAS, the Board held a public hearing on the 1st day of August, 2005 A.D., upon the question of whether the above described SUP should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said special use permit; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners and proof thereof submitted in the record; 2. That the hearing before the Board of County Commissioners was extensive and complete, that sufficient pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting; 1 11111111 1111111111111111111111111111111111111111 11111111 583628 10/04/2005 02:23P 81732 P860 M ALSDORF 2 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO 3. That for the above stated and other reasons, the proposed special use permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conformance with §3.02.03 and 5.03.021 of the Garfield County Zoning Resolution of 1978, as amended; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that SUP is hereby approved subject to compliance with all of the following specific conditions: 1. All representations of the applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval unless otherwise modified by the Board. 2. All lighting associated with the ADU shall be the minimum amount necessary. All exterior lighting shall be shielded to prevent light trespass on any adjoining property and be downward facing towards the structure. 3. The Applicant shall obtain the appropriate ISDS permit as part of the building permit process for the ADU. This system shall comply with the regulations and standards required by the Colorado Department of Public Health and Environment. 4. The applicant shall obtain any applicable CDOT access permits and any Garfield County grading permits. 5. That the applicant shall meet all requirements of the Garfield County Zoning Resolution of 1978, as amended, and shall meet all building code requirements. 6. That the gross floor area of the accessory dwelling unit shall not exceed 1,500 square feet. 7. That the accessory dwelling unit shall not be conveyed as a separate interest but may be leased. 8. That, prior to issuance of the special use permit, the water quality be tested by an independent laboratory and meet State guidelines concerning bacteria and nitrates. 2 • ri1oiii 11111 uuiii 11111 1111 11111 111111 111 11111 1111 1111 683629 10/04/2005 02:23P B1732 P861 M ALSDORF •3 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO Dated this 3rd day of October , A.D. 20 a . GARFIELD CO COMMIS OUNTY TY BOARD OF GARFIELD O Chairm Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT STATE OF COLORADO ) )ss County of Garfield ) Aye Aye , Aye I, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners 3 DEPARTMENT OF TRANSPORTATION Region 3 Traffic & Safety 222 South 6h Street, Room 100 Grand Junction, Colorado 81501 (970)683-6283 November 26, 2008 Cindy Watson 1802 S. Townsend Ave Montrose, CO 81401 STATF CSF COLC ZAIDO RE: State Highway Access Permit No. 306122, Located on Highway 550, Milepost 128.284, in Montrose County Dear Applicant: A general site observation of the construction required under the above named access permit has been completed. All work appears to have been done in general close conformity with the above named permits. The observation done by the Colorado Department of Transportation (CDOT) is only for the general conformance of CDOT design and code requirements. It is the responsibility of the Permittee to comply with all provisions of the access permit. In accordance with section 2.5(6) of the State Highway Access Code, if any construction element fails within two -years due to improper construction or material specifications, the Permittee shall be responsible for all repairs. Failure to make such repairs may result in suspension of the permit and closure of the access. This two-year warrant period shall expire on March 15, 2010 In accordance with section 2.7 of the State Highway Access Code, it is the responsibility of the permittee for the repair and maintenance of the access beyond the edge of the roadway. If I can be of any further assistance in this or any other matter, please feel free to contact me at the office listed above. Sincerely, Dari Roussin Access Permit Manager cc: File STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Maintenance & Operations Branch Property Management Section 15285 S. Golden Road, Bldg. 47 Golden, Colorado 80401 (303) 512- 512-5523 Fax (303) 512-5550 Colorado Department of Transportation Encroachment Licenses The Colorado Department of Transportation (CDOT) will grant an Encroachment License to an owner of certain structures and/or other improvements that encroach upon State of Colorado highway system right of way if the encroachment was in existence on or before January 1, 1983. To acquire the license, the owner must: • Make application to CDOT for an encroachment license. Application should be made to: Colorado Department of Transportation Property Management Section 15285 S. Golden Rd., Bldg. 47 Golden, Colorado 80401 • Include consideration of $250.00 with the application. • Comply with the terms and conditions of CDOT's Encroachment License,. including the specific requirement that the Licensee purchases general liability and property damage insurance in the amounts of not Tess than $150,000.00 per person and $600,000.00 per occurrence and names CDOT as an additional insured. If an Encroachment License currently exists on real property with structures and or other improvements that encroach upon right of way, and title to that real property transfers, CDOT will grant the new owner an Encroachment License under the condition that they comply with the terms stated above. For questions regarding encroachment licenses, please contact David Fox at 303- 512-5523. i1rT Al,I SCF\I f4 INYtiYIti W'I Property Mgmt. No.: Project No.: FAP 145D Parcel ID: NIA Location: 44525 Hwy 6. Glenwood Springs I NW y4 Sec. 35, T. 5 S., R. 90 W.. 6° P.M. ENCROACHMENT LICENSE THIS AGREEMENT, made and entered into in triplicate this _day of , 20_, by and between the State of Colorado for the use and benefit of the Colorado Department of� Transportation, the Licensor and Roc Anthony Gabossi and Mary Ann Gabossi, the Licensee, WITNESSETH WHEREAS, the Licensor is the owner of certain real property heretofore acquired as right of way for a public highway constructed as Project F 001-1(19), now occupied and used as State Highway No. 6, and WHEREAS, the Licensee is the owner of a fresh water pond now found to encroach upon said right of way, and WHEREAS, it is the desire of the parties hereto to provide for the temporary occupancy by the Licensee of the land in said right of way so encroached upon until the same shall be terminated by the Colorado Department of Transportation; the above stated Licensee no longer owns the encroaching improvements or until an overt act by the Licensee, shall cause the cancellation of this License. NOW THEREFORE BE IT KNOWN, that in consideration of the sum of Two Hundred Fifty Dollars ($250.00) to the said Licensor paid by the Licensee, receipt whereof is hereby confessed and acknowledged, and in further consideration of the conditions herein written, to be kept by the parties hereto and their respective heirs, and successors, the Licensor does hereby LICENSE AND LET unto the Licensee, the following right of way as shown on the map attached hereto, and made a part hereof and marked " Exhibits A ", consisting of three (3) sheets . This License is made and accepted subject to the following conditions: 1. This License may be terminated by the Licensor upon ninety (90) days notice in writing to the Licensee, whenever, at the sole discretion of the Licensor. This License is also terminated as of the date the Licensee no longer owns the encroaching improvements. The Licensee shall be solelyresponsible for any costs generated and resulting from termination of this License. 2. The Licensee may occupy the Licensed Premises until at such time it is canceled per paragraph one, unless sooner canceled, but no additions will be permitted to be made to existing structures. In case of partial or total destruction of such existing structures by fire, windstorm, or other disaster or by riot or insurrection, no reconstruction, remodeling or rehabilitation will be permitted without written approval of Licensor; but nothing herein contained shall be construed as denying the Licensee the right to perform normal maintenance. 3. Buildings, structures, improvements located upon the Licensed Premises and owned by the Licensee may be removed by the Licensee during the term of this License, or any extension hereof, or within sixty (60) days after service of notice to vacate as herein provided. 4. The Licensee shall not perform any acts, nor shall the Licensee permit the performance of any acts upon the Licensed Premises which are contrary to the laws of the United States, statutes of 1 of 6 Rev. 6/98 the State of Colorado, ordinances of the Municipality, and breach of this condition shall constitute cause for immediate revocation of this License and all Licensee's rights hereunder shall thereupon cease. 5. The Licensor owes no duty to protect the Licensee from damage resulting from construction, maintenance, or other operations carried on in connection with said highway, and Licensor shall not be held liable for such damage. 6. The Licensee shall save and hold harmless, the Licensor from any liability for damage to persons or property resulting from occupancy of the Licensed Premises evidenced by current P.L. & P.D. policy in the amounts specified under Item 7. 7. Hold Harmless and Insurance. The Licensee shall save, indemnify and hold harmless the Licensor and FHWA for any damage or loss to persons or property resulting from Licensee's occurrence or use of the Licensed Premises and shall purchase general liability and property damage insurance in the amount of not less than $150,000.00 per person and $600,000.00 per occurrence. In order for this License to be executed, Licensee must provide a Certificate of Insurance listing the Colorado Department of Transportation as Certificate Holder and additional insured. The Certificate of Insurance must also evidence that the Certificate Holder will be provided a 45 — day written notice by certified mail of cancellation or non -renewal of the policy. The above insurance requirement must be in effect during the entire term of the license. Licensee shall at its sole cost and expense, shall obtain insurance on his inventory, equipment, and all other personal property located on the Licensed Premises against loss resulting from fire or other casualty. An annual Certificate of Insurance must be kept on file for the term of this License, and should be mailed to: COLORADO DEPARTMENT OF TRANSPORTATION Maintenance & Operations Branch Property Management Section 15285 S. Golden Road, Building 47 Golden, Colorado 80401 8. Licensee shall not assign this License without specific written permission of the Licensor. 9. The Licensee agrees to defend, indemnify and hold harmless the Licensor and any employees, agents, contractors, and officials of the Licensor against any and all damages, claims, liability, loss, fines, or expenses, including attorney's fees and litigation costs, related to the presence, disposal, release or clean-up of any contaminants, hazardous materials or pollutants on, over, under, from or affecting the property subject to this License Agreement, which contaminants or hazardous materials the Licensee or its employees, agents, contractors or officials have caused to be located, disposed, or released on the property. 10. The Licensee shall also be responsible for all damages, claims and liability to the soil, water, vegetation, buildings or personal property located thereon as well as any personal injury or property damage related to such contaminants or hazardous materials. 11. Upon the transfer of title of this property, this License is null and void 4nd new ow t reapply for said License. 12. This License will be recorded in the Garfield County Colorado real estate records to rout future buyers/ users on notice of this license. 2of 6 Rev. 6/98 WITNESS WHEREOF, the undersigned execute this lease as of the day and year first above written. LICENSEE: LICENSEE: By: Roc Anthony Gobossi By: Mary Ann Gobossi Title: Owner Title: Owner Address: 44523 Highway 6 Address: 44523 Highway 6 Glenwood Springs, CO 81601 Glenwood Springs. STATE OF COLORADO ) COUNTY OFGARFIELD ) SS CO. 81601 The foregoing lease was subscribed and sworn to before me this day of, 200 , by Roc Anthony Gobossi and Mary Ann Gobossi Witness my hand and official seal. My Commission expires Address: ATTEST: Notary Public LICENSOR: STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Bernhardt K. Rasmussen Pamela Hutton, P.E. Chief Clerk Chief Engineer 3of 6 Rev. 6198 a© ETD — X W WI fn #tl� 1 a _._.....I'°¢fyyd�� • rily �E� H■Iu lain I-• ora fel ra i F` ter, r ,s•++ iJ:n v a 1 it� 7A N: xtr.`'•7p7..,.. t., it 2flT7.�'7.04. i• P7a71 wJ If 44, is. o c J w • PM`-' +av�[o-tse KIli ,� WOO ....4 �/ , r .. 11 GI,. ,' .°If • . I,_a r• �.1,o. 1 r Y4.1�, f hEnnrnup'wr my $ .t,r.&xM-i1 ,4 2 gill; ryy}� 4i.p y�ty 11 q' ee F ih rot �rtc�laTi.+ ilk NM I I i�lll= _Ili � , ® r�`3 31 ;, ' _ �i� ' t• l 661677 nt, • ,�� Iff.. n K..*I.H'AhY•rAM .w77.74".7W7~A'.! 71Y 4P,,etiW I I r,ny«++D_ar.11 •• • � l 1 Y ,r-tt.0-. Wt. •' I 1.74 +4,�'a .e w I _ Id r' n`y 1p( 1 l,I ° w..tvstivon.mmovemi7414n „,......,..„.,,,,„.,,,,„,,..,.... . ...,..,.. NI w yewuiw.x.rn • i 77tt --SR:.N'l2-' - - 666666 d I I :, Ii., �r I'' p I nw p!I> pow'pW',rrwtswwwb •I. KKJ'd]Y7.A'e.C/4,5,-0. 7,.794.474.17+[7 J.A4iA.niM7,frriP.P. -in+n Pane O'M[f 047W4 111 iyrW,+ r sr,7rr7a rmf ` ;' ' . Ij e p Ill li ...,4- gqqX t .° ' `i tt y. " ' 1 ya yy.p ; .I f•l l I .11�}�f!i � IJi K KO Ippl��ppO� KOH Ur S IE IA41.51 @g G G r I A 1 Will �13 I i 4 I I{, :I, li �i l��l 'I ° !.,..!.� 1��i� i�•1l N11 z. MN 1 - fj I i 7 i. �I. e. .a� r I • Ito v. QfYG v 1 c...r d. pap mow) a r.wr�r...rr .0. . 0. .r MM rwr..r.. =1", hw—. rr.q.1 a..l.... ve.r =.. 1.• ▪ r.rr. area Raa u▪ rsu xas ..c w.wa al•Ma a .eanw "ain WIMP OW MIT N 1•143 OW al 0.1 1110▪ •1 00.1.1 Rnat Subdivision Piet OLD ORCHARD SUBDIVISION Sm Tea R TME MCA op Slcriai 55, Torun 5 So" RAMP 90 W PT O!• THE OTr PJ1. COUarr OF GAMMA STATE Or COLORADO V..rrr «+.... • tam rata rata a.. Imam •••••••• ow) NI ^... .r u.v..._lb, 1...0.1.1.010.. rr.b Allmuy "w. �..r•� Yl..a .Y.IY. Y ....n1M1! •••••••• AA w — r...... Sheer loft .ww er aa.M.aai Ver . ...I.4. at Mai Mamma a, oma ��=:-rte*_- AiL wawrim pm:, amatma MIN 121.1011 MOE SLIM ARO Waft 0, MOP. Oa Om ....A.. att. am eaos pr..... tea.. rL rir M mtmm imlnm- - 1111 a w a r�s..r�.rxt.war.. res. dr. raw a u......11.1.. .. ul... .rrr w..r CEAPHIC SCALE ye Re •• i a ai Liar ••• awn re . mamd ata ... .. a.1.n _ .......'x."`1'.4 rram...�`r'.-� 0n11.1 s.�... Mei+ • .tae�i ta',,ZiWraaa SuxvCo, Ina 1.11.0•13 11.11-11.0 ^ {.x> e.e�a.e. EXHIBIT A SHEET 3 OF 3 STATE OF COLORADO Region 3 Traffic Section 222 S. Sixth St., Room 100 Grand Junction, Colorado 81601 (970) 883-8284 Fax:(970) 683-8290 July 15, 2009 John Taufer PO Box 2271 Glenwood Springs, CO 81602 DEMI HINT OMANIe"."....AratrA RE: tate Highway Access Permit No, 309040, Located on Highway 006, Milepost 109.8, in Garfield County. Dear Permittee or Applicant: The Colorado Department of Transportation (CDOT) has received your signed permit and application fee, A copy of the issued perrnit is enclosed. The next step in the CDOT access permitting process is for you (Applicant) to obtain a Notice to Proceed (NTP). Failure to obtain are approved Notice to Proceed prior to any construction will be a violation of the Stale Highway Access Code (2 CCR 601-1,"the Code") § 2A. Notice to Proceed Information Well in advance of construction, the Applicant shall request a NTP in writing along with submitting other items, such as construction drawings, specifications, and other required documents to CDOT. The Applicant must submit a complete packet of this inforrnration to CDOT with their written request. If the Applicant chooses not to request the NTP, the permit expires pursuant to subsection 2.3(11)(d). CDOT has seven days to determine if the NTP submittal is complete for review and then notify the applicant of any deficiencies. If complete, CDOT will review and comment on the submitted information within 30 -days. If CDOT determines the information is unacceptable, missing, or in need of correction, the Applicant shall correct their submittal and resubmit the complete request for NTP. Once resubmitted, CDOT will review the revised NTP documents within 10 -days. If the revised documents are satisfactory, CDOT will issue a NTP. If further corrections are necessary, the cycle of submittal, review and comments will repeat itself until approval is granted and the NTP is issued. The request for NTP shall include the following documents, along with any other items specified in the Terms and Conditions of your permit: 1) Cover Letter Requesting a NTP (include firm name, P13 name and contact number) 2) Traffic Control Plan (2 conies) The traffic control plan must be: A. Consistent with CDOT Standard Plans Manual for Maintenance and Signing B. Consistent with the MUTCD C. Prepared by individual with American Traffic Safety Services Association (ATSSA) or Colorado Contractors Association certification — or sealed (stamped) by a Colorado registered professional engineer D. Acceptable to CDOT prior to any construction within the right-of-way E. Presented in a manner that provides a method of handling traffic (MHT) for each different phase of construction. The MHT will describe proposed construction phasing and will include dimensioned diagrams of work zone elements. The final traffic control plan must be submitted a minimum of three working days in advance of construction. Such plans may be revised as necessary with CDOT concurrence. 3) Insurance Liability Cetjjffcation The Applicant or contractor shall be required to provide a comprehensive general liability and property damage insurance naming CDOT as an additional insured party, in the amounts of not less than $1,000,000 per occurrence and automobile liability insurance of $1,000,000 combined single limit bodily injury and property damage for each accident, during the period of access construction. 4) Complete Construction Plans The Applicant shall provide two copies of 11" x 17" construction plans and specifications for the proposed improvements. The plans shall: A. Address, as applicable, geometry, drainage, striping, signing, and signalization B. Include, but not limited to, layout of the access, highway improvements, utility locations, present and proposed drainage, present and proposed right-of-way lines, present and proposed traffic control devices, and clear zone analysis C. Sealed by a Colorado Professional Engineer in accordance with CRS 12-25-117 D. Conform to the requirement of the permit terms and conditions E. If applicable, include the following statement on the cover page of the plans: "This design is in full compliance with Section 4 of the State Highway Access Code, 2 CCR 601-1 except for the following approved design waivers:" Feel free to contact me with any questions you might have. Respectfully, Dan Roussin Region 3 Access Manager COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS PERMIT Permit fee COOT Permit No. 309040 $100.00 Date of transmittal 7/7/2009 it 'i • • itt 'I' illi Region/Section/Patrol 3 / 02 / t0-2 Nitdd Brown State Highway No1Mp/Side 006 D / 109.800 / L Local Jurisdiction Garfield Court The Permittee(s), V wr Applicant: tier No.: Roc & Mary Gabossi iJUL 1 4 ?.009 John Taufer 44523 Highway 6 TRAFFie PO Box 2271 Glenwood Springs, CO 81601 Glenwood Springs, CO 81602 970-379-0780 970-945-1337 is hereby granted permission to have an access to the state highway at the location noted below. The access shad be constructed, maintained and used in accordance with this permit, including the Stale Highway Access Code and any attachments, Iorms, conditions artd exhibits. This permit may be revoked by the Issuing authority if at any time the permitted access end its use violate any parts of this permit. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason the permit. of the exercise al Location:Located ocated on the north side of Hwy 006, a distance el 'I 050 feet west of mm 110. Access to Provide Service to; (Land Usc CnOc:) (Size or Count) ([hits) 210 - Single -Family Detached Housing (4 units) w/ADU 8 DHV Additional Information: This access will be for Lot 1-4 of the Old Orchard Subdivisna. ADU - Accessory Dwelling Units MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. -- Signature ' Print Name title Date Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein../41 construction shall be complexed in an expeditious and safe manner and shall be finished within 45 days from Initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit being used. prior to The permittee shall notify DWayne Gavmon with the Colorado Department of nanspo rtation In Grand Junction, Colorado at (970) 683-3355, at least 48 hours prior to commendng construction within the State Highway right-of-way. The person signing as the permittee must bo the owner or teem representative of the property served by the permitted access and accept the permit and its terms and conditions. have Lull authority to P:f ee tgnaw Print Name Date This permit is not valid until signed by a duly authorized representative of the Department. COLORADO DEPARTMENT OF TRANSPORTATION SignatureLO g Print Nemo itle to T Date (of issue) ' '4Jfr�, [71'__ Copy OIelrlbullon: Required: 1,fiegion 2.Appiicant Maim copiva es necessary for. 3,5iall Access Section Loon! Authority Inspector 4.Cestrut Files MICE Patrol Traffic Engineer Previous editere obsolete and may not be used Pegs 1 of 3 C0OT Isorrn #101 6/07 State Highway Access Permit Form 101, Page 2 The following paragraphs are excerpts of the State Highway Access Code. These are provided for your convenience but do not alleviate compliance with all sections of the Access Code. A copy of the State Highway Access Code is available from your local issuing authority (local government) or the Colorado Department of Transportation (Department). When Ihis permit was issued, the issuing authority made its decision based in part on information submitted by the applicant, on the access category which Is assigned to the highway, what alternative access to other public roads and streets is wettable, end safety and design standards. Changes In use or design not approved by the permit or the issuing authority may cause the revocation or suspension of the permit. APPEALS 1. Should the permittee or applicant object to the denial of a permit appileatlon by the Department or object to any of the terries or conditions of a permit placed there by the Department, the applicant and permittee (appellant) have a right to appeal the derision to the [Transportation] Commission [of Colorado]. To appeal a decision, submit a request for administrative hearing to the Transportation Commission of Colorado within 80 days of transmittal of notice of denial or transmittal of the permit for signature. Submit the request to the Transportation Commission of Colorado, 4201 East Arkansas Avenue, Denver, Colorado 80222-3400. The request shall include reasons for the appeal and may include changes, revisions, or conditions that would be acceptable to the perrnittee or applicant 2. Any appeal by the applicant or permittee of action by a local issuing authority shall be filed with the focal authority and be consistent with the appeal procedures of the local authority. 3, In submitting the request for administrative hearing, the appellant has the option of including within the appeal a request for a review by the Department's internal administrative review committee pursuant to [Code] subsection 2.10. When such committee review is requested, processing of the appeal for formal administrative hearing, 2.9(5) and (8), shall be suspended until the appellant notifies the Commission to proceed with the administrative hearing, or the appellant submits a request to the Commission or the administrative law judge to withdraw the appeal. The two administrative processes, the internal administrative review committee, and the administrative hearing, may not run concurrently. 4. Regardless of any communications, meetings, administrative reviews or negotiations with the Department or the internal administrative review Committee regarding revisions or objections to the permit or a denial, if the permittee or applicant wishes to appeal the Department's decision to the Commission for a hearing, the appeal must be brought to the Commission within 60 days of transmittal of notice of dental or transmittal of the permit, PERMIT EXPIRATION 1. A permit shall be considered expired if the access is not under construction within one year of the permit issue date or before the expiration of any authorized extension. When the permittee Is unable to commence construction within one year after the permit issue date, the permittee may request a one year extension from the issuing authority. No more than two one-year extensions may be granted under any e1rcumetances, if the access is not under construction within three years from date of issue the permit will be considered expired. Any request for en extension must be in writing and submitted to the issuing authority before the permit expires. The request should state the reasons why the extension is necessary, when construction is anticipated, and include a copy of page 1 (face of permit) of the access :permit. Extension approvals shall be in writing, The local issuing authority shall obtain the concurrence of the Department prior to the approval of an extension, and shall notify the Department of alt denied extensions within ten days. Any person wishing to reestablish an access permit that has expired may begin again with the application procedures_ An approved Notice; to Proceed, automatically renews the access permit for the period of the Notice to Proceed. CONSTRUCTION 1. Construction may not begin unlit a Notice to Proceed is approved. (Code subsection 2.4] 2. The construction of the access and its appurtenances as required by the terms and conditions of the permit shah be completed at the expense of the permittee except as provided in subsection 2.14, All materials used in the construction of the access within the highway right-of-way or on permanent easements, become public property. Any materials removed from the highway right-of-way will be disposed of only as directed by the Department. All fencing, guard tail, traffic control devices and other equipment and materials removed in the course of access construction shalt be given to the Department unless; otherwise instructed by the permit or the Department inspector, 3. The permittee shall notify the Individual or the office specified on the permit or Notice to Proceed at least two working days prior to any construction within state highway right-of-way. Construction of the access shalt not proceed until both the access permit and the Notice to Proceed are issued. The access shall be completed in en expeditious and safe manner and shall be finished within 45 days from initiation of construction within the highway right-of-way. A construction time extension not to exceed 30 working days may be requested from the individual or office specified on the permit. 4. The issuing authority and the Department may inspect the access during construction end upon completion of the access to ensure that all terms and conditions of the permit are mat Inspectors are authorized to enforce the conditions of the perrnit during construction and to halt any actiultles within state right-of-way that do not comply with the provisions of the permit, That conflict with concurrent highway constnuxion or maintenance work, that endanger Slate Highway Access Permit Forrn 101, Page 3 highway property, natural or cultural resources protected by law, or the health and safety of emitters or the public. 5. Prior to using the access, the permittee is required to complete the construction according to the terms and conditions of the permit. Failure by the permittee to abide by all permit leans and conditions shall be sufficient cause for the Department or issuing authority to initiate action to suspend or revoke the permit and close the amass. If in the determination of the Department or issuing authority the failure to comply with or complete the construction requirements of the permit create a highway safety hazard, such shall be sufficient cause for the summary suspension of the permit. If the permittee wishes to use the access prior to completion, arrangements must be approved by the issuing authority and Department and Included in the permit. The Department or issuing authority may order a halt to any unauthorized use of the access pursuant to statutory and regulatory powers. Reconstruction or improvement of the access may be required when the permittee has failed to meet required speclflcallons of design or materials. If any construction element falls within two years due to improper construction or material specifications, the permittee shall be responsible for all repairs. Failure to make such repairs may result in suspension of the permit and closure of the access. 8. The permittee shall provide construction traffic control devices at all limes during access construction, In conformance with the M.U.T.C.D, as required by section 42-4-104, C.R.S., as amended. 7. A utility permit shall be obtained for any utlltty work within highway right-of-way. Where necessary lo remove, relocate, or repair a traffic control device or public or private utilities for the construction of a permitted access, the relocation, removal or repair shall be accomplished by the permittee without cost to the Department or Issuing authority, and at the direction of the Department or utility company. Any damage to the state highway ar other public right-of-way beyond that which is allowed In the permit shall be repaired immediately. The permittee is responsible for the repair of any utility damaged in the course of access construction, reconstruction or repair. 8. In the event it becomes necessary to remove any right•of- way fence, the poste an either side of the access shalt be securely braced with an approved end post before the fence is cut to prevent any sladdng of the remaining fence. Alt posts and wire removed are Department property and shall be turned over to a representative of the Department. 9. The permittee shall ensure that a copy of the permit is available for review at the construction site at all times. The permit may require the contractor to notify the individual or office specified on the permit at any specified phases in construction to allow the field inspector to inspect various aspects of construction such as concrete forms, subbase, base course compaction, and materials specifications. Minor changes and additions may be ordered by the Department or local authority field inspector to meet unanticipated site conditions. 10. Each access shall be constructed in a manner that shall not cause water to enter onto the roadway or shoulder, and shall not interfere with the existing drainage system on the right-of- way or any adopted municipal system and drainage plan. 11. The Pemmittee is responsible for obtaining any necessary additional Federal, State and/or City/County permits or clearances required for construction of the access. Issuance of this access permit does net constitute verification of the above required actions by the Permittee. Sy accepting the permit, the permittee stipulates and agrees to fully protect, save, defend, indemnify, and hold harmless, to the extent allowed by law, the issuing Authority, and each of the Authority's directors, officers, employees, agents and representatives, from and against any and all claims, costs (Including but not limited to all reasonable fees and charges of engineers, architects, attorneys, and other professionals or expert witnesses and ail court or other dispute resolution costs directly incurred by reason of chime directly brought against the Authority), losses, damages, pre- or post- judgment interest, causes of action, suits, or liability of any nature whatsoever by reason of liability imposed due to Permittee's failure to obtain, or disregard of, any applicable federal, state or local environmental permits, approvals, authorizations, or clearances, or En meeting or complying with any applicable federal, state or Local environmental law, regulation, condition or requirements in connection with any activities authorized by this Access Permit CHANGES iN ACCESS USE AND PERMIT VIOLATIONS 1. It is the responsibility of the property owner and permittee to ensure that the use of the access to the properly Is not in violation of the Code, permit terms and conditions or the Act The terms and conditions of any permit are binding upon all assigns, successors -in -Interest, heirs and occupants. if any significant changes are made or will be made in the use of the property which will affect access operation, traffic volume and or vehicle type, the permittee or property owner shall conlact the local issuing authority or the Department to determine If a new access permit and modifications to the access are required, 2. When an access is constructed or used In violation of the Code, section 43-2-147(5)(c), G.R.S., of the Act applies. The Department or issuing authority may summarily suspend an access permit and immediately order closure of the access when its continued use presents an immediate threat to public health, welfare or safety. Summary suspension shall comply with article 4 of title 24, C.R.S. MAINTENANCE 1. The permittee, his or her heirs, successors -in -interest, assigns, and occupants of the property serviced by the access shall be responsible for meeting the terms and conditions of the permit, the repair and maintenance of the access beyond the edge of the roadway including any cattle guard and gate, and the removal or clearance of snow ar ice upon the access even though deposited on the access in the course of Department snow removal operations. Within unincorporated areas the Department will keep access culverts dean as part of maintenance of the highway drainage system. However, the parmf tee is responsible for the repair and replacement of any access -related culverts within the right-of-way. Within incorporated areas, drainage responsibilities for municipalities are determined by statute and local ordinance. The Department will maintain the roadway including auxiliary lanes and shoulders, except in those cases where the access installation has failed due to improper access construction and/or failure to follow permit requirements and specifications in which case the permittee shall be responsible for such repair, Any significant repairs such as culvert replacement, resurfacing, or changes in design or specification, requires authorization from the Department. Form 101, Page 3 STATE HIGHWAY ACCESS PERMIT 309040 Located on the north side of Hwy 006D at mile post 109,800 Issued to Roc Gabossi TOMS AND CONDITIONS July 7, 2009 1. This permitted access is only for the use and purpose slated In the Application and Permit. This Permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), and Is based in part upon the information submitted by the Permittee. Arty subsequent relocation, reconstruction, or modifications to the access or changes In the traffic volume or traffic nature using the access shah be requested for by means of a new application. Any changes causing non-compliance with the Access Code may render this permit void, requiring a new permit. 2. The access Is for all lots of the Old Orchard Subdivision (Lots 1-4). 3. The existing access (mp 109.96) for Lot 1 (44523 Highway 6) shall remain until the Lot 1 either re -develops or If Lot 1 subdivides then the existing access shall close to Lot 1 and use the mp 109.8 access point. 4. If Lot 2-4 re -develops Into a commercial property then existing access (mp 109.96) to Lot 1 shall be removed and restored to its original condition. 5. The permittee shall close an existing residential access which is 240 feet west of the existing residential driveway (Lot 1). The permitter shall remove the gate and replace the gate with a fence section and restore the drainage at the expense of the permittee. 6. This permit replaces any and all additional access permits that may be in existence. 7. This access shall be constructed 18-25 feat wide with turning radii to accommodate the minimum turning radius of the largest vehicle or 35 foot. whichever is greater. 8. An 18 -inch minimum culvert with protective end treatments shall be required for this access. The culvert shall be kept free of blockage to maintain proper flow and drainage. 9. The access shall be constructed perpendicular to the travel lanes of the State Highway for a minimum distance of 40 feet from the edge of roadway. Side slopes shall be at a 4:1 slie the roadway. The roadway shall slope away from the highway at a -2% grade for the first 20 feet of driveway. This design shall bo In conformance with section 4 of the State Highway Access Code, 2CCR 601-1. 10. Motes. Placket and Compaction of Driveway: Unless the Applicant has approval from the Access Manager which may state otherwise, the following will be required for driveway construction: Sub-Base:12 inches of Class 3 gravel In two 6 -inch rifts, Base: 12 inches of class 6 gravel In two 6 -inch lifts, Surface: 4 Inches of Pavement in two 2 inch lifts. Compaction of the subgrade, embankments and backfill shall comply with section 203.08 of the Colorado Highway Standard Specifications for Road and Bridge Construction. 11. The access shall be surfaced in accordance with Section 4.7 of the Access Code immediately upon completion of earthwork construction and prior to use. This access shall be hard surfaced in accordance with Section 4.7 of the Access Code a minimum distance of 20 feet from the traveled way or to the COOT Right -of -Way. Where the hard surface is to abut existing pavement, the existing pavement shall be saw cut and removed a minimum of one foot back from the existing edge for bituminous, or until an acceptable existing cross slope is achieved. Surfacing shall meet the Department's specifications with minimum surfacing to be equal to or greater than existing highway conditions. STATE HIGHWAY ACCESS PERMIT 309040 Located on the north side of Hwy 006D at mile post 109.800 Issued 10 Roc Gabossi July 7, 2009 12. A Notice to Proceed, COOT Form 1265, is required before beginning construction on the access or any activity within the highway Right -of -Way. To receive the Notice to Proceed the Applicant shall submit a complete packet to COOT with the following items: (a) A cover letter requesting a Notice to Proceed, and the intended date to begin construction. (b) Construction Pians Stamped (11"x 17" with a minimum scale of 1" = 50') by a Colorado Registered Professional Engineer in full compliance with the State Highway Access Code The plan shall provide: I) Plan view with driveway dimensions - turn radius, width, slope, gates, etc. ii) Typical road section - existing and proposed sub base, base, pavement, and shoulder dimensions. iii) Centerline profile of the access/Hwy connection showing depths, driveway slope, etc. (c) Certificate of Insurance Liability as per Section 2.3(11)(1) of the State Highway Access Code. (d) A certified Traffic Control Plan in accordance with Section 2.4(6) of the Access Code. The Traffic Control Pian shall provide accessibility features to accommodate all pedestrians including persons with disabilities for all pathways during construction. 13. No drainage from this site shall enter onto the State Highway travel lanes. The Permittee is required to maintain all drainage in excess of historical flows and time of concentration on site. All existing drainage structures shall be extended, modified or upgraded, as applicable, to accommodate all new construction and safety standards, in accordance with the Department's standard specifications. 14. Open cuts, which are at least 4 inches in depth, within 30 feet of the edge of the State Highway traveled way, will not be left open at night, on weekends, or on holidays, or shall be protected with a suitable barrier por State and Federal Standards. 15. Nothing in this permit shall prohibit the Chief Engineer from exercising the right granted in CRS 43-3-102 including but not limited to restricting left hand turns by construction of physical medial separations. 16. The Permittee Is responsible for obtaining any necessary additional Federal, State and/or City/County permits or clearances required for construction of the access. Approval of this access permit does not constitute verification of this action by the Permittee. Permittee is also responsible for obtaining all necessary utility permits in addition to this access permit. 17. All workers within the State Highway right of way shall comply with their employer's safety and health policles/procedures, and all applicable U.S. Occupational Safety and Health Administration (OSHA) regulations - including, but not limited to the applicable sections of 29 CFR Part 1910 - Occupational Safety and Health Standards and 29 CFR Part 1926 - Safety and Health Regulations for Construction. Personal protective equipment (e.g. head protection, footwear, high visibility apparel, safety glasses, hearing protection, respirators, gloves, etc.) shall be worn as appropriate for the work being performed, and as specified In regulation. 18. The Permittee shall provide accessibility features to accommodate all pedestrians including persons with disabilities for all pathways during and after construction. 19. The Permittee is required to comply with the Americans with Disabilities Act Accessibility Guidelines (ADAAG) that have been adopted by the U.S. Architectural and Transportation STATE HIGHWAY ACCESS PERM1T 309040 Located on the north side of Hwy 00611 at mite post 109,800 Issued to Roc Gabossl July 7, 2009 Barriers Compliance Board (Access Board), artd Incorporated by the U.S. Attorney General as a federal standard. These guidelines are defining traversable slope requirements and prescribing the use of a defined pattern of truncated domes as detectable warnings at street crossings. The new Standards Plans and can be found on the Design and Construction Project Support web page at: http://www.dot.state.co.us/DeslgnSuppgrt/, then click on Design Bulletins. 20. When i1 Is necessary to remove any highway right-of-way fence, the posts on either side of the access entrance shall be securely braced with approved end posts and in conformance with the Department's M-607-1 standard, before the fence is cut, to prevent slacking of the remaining fence. Ali materials removed shall be returned to the Department. 21. It shall be the responsibility of the Permittee to maintain adequate sight distance for this driveway. Trimming of vegetation or trees to maintain adequate sight distance Is the sole responsibility of the Permlitee. 22. Any damage to present highway facilities including traffic control devices shall be repaired Immediately at no cost to the Department and prior to continuing other work. 23. During access construction no construction personnel vehicles will be permitted to park in the state highway right-of-way. 24. If the access has a gate across it, the gate shall be set back far enough from the highway so that the longest vehicle using it can clear the roadway when the gate is closed. 25. Any mud or other material tracked or otherwise deposited on the roadway shall be removed daily or as ordered by the Department inspector, if mud is an obvious condition during site construction, It is recommended that the contractor build a Stabilized Construction Entrance or Scrubber Pad at the Intended construction access to aid in the removal of mud and debris from vehicle tires. The details of the Stabilized Construction Entrance can be found in the M & S Standards Plan No. M-208-1. 26. A fully executed, complete copy of this permit and the Notice to Proceed must be on the job site with the contractor at all times during the construction. Failure to comply with this or any other construction requirement may result in the immediate suspension of work by order of the Department inspector or the issuing authority. 27. No work will be allowed at night, Saturdays, Sundays and legal holidays without prior authorization from the Department. The Department may also restrict work within the State Highway right-of-way during adverse weather conditions. 28. The access shall be completed in an expeditious and safe manner and shall be completed within 45 days from initiation of construction within State Highway right-of-way or in accordance with written concurrence of the Access Manager. All construction shall be completed in a single season. 29. All costs associated with any typo of utility work will be at the sole responsibility and cost of the Permittee and at no cost to 000T. 30. Areas of roadway and/or right-of-way disturbed during this installation shall be restored to their original conditions to insure proper strength and stability, drainage and erosion control. Restoration shall meet the Department's standard specifications for topsoil, fertilization, mulching, and re -seeding. STATE HIGHWAY ACCESS PERMIT 309040 Located on the north side of Hwy 006D at mile post 109.800 Issued to Roc Gabossl July 7, 2009 31. Upon the completion of the access and prior to any use as allowed by this permit, the Applicant shall notify the Access Manager by certified mall within 10 days to request a final inspection. This request shall include certification that all materials and construction have been completed in accordance with all applicable Department Standards and Specifications; and that the access is constructed in conformance with the State Highway Access Code, 2 CCR 601-1, including this permit. The Engineer of Record as indicated on the construction plans, shall be present for this inspection. The access serviced by this pem)lt may not be opened to traffic until written approval has been given from the CDOT Access Manager. COLORADO DEPARTMENT OF TRANSPORTATION Environmental Clearances Information Summary PURPOSE - This summary Is intended to inform entities external lo CDOT that may be entering the state highway right-of-way to perform work related to their over facilities (such as Utility, Special !Use or Access Permittees), about some of the more commonly encountered environmental permits/clearances that may apply to their activities. This fisting is not all-inclusive - additional environmental or cultural resource peones/clearances may be required in certain instances. Appropriate local, state and federal agencies should be contacted for additional Information if there is any uncertainty about what permits/clearances are required for a specific activity. IMPORTANT — Please Review The Following Information Carefulty — Failure to Comply With Regulatory Re uirements Me Result In Sus f ension or Revocation of Your CDOT Permit Or Enforcement Actions B Other A . enciea CLEARANCE CONTACTS - As indicated in the permitldearance descripllons listed below, the following individuals or agencies may be contacted for additional Information: • Colorado Department of Public Health and Environment (CDPHE) -- General Information -- (303) 692-2035 Water Quality Control Division (WQCD) (303) 692-3500 Environmental Permitting WebsiteaggiewwwAatya.state.co.uslpermits.aep, • CDOT Water Quality Program Manager; Rick Willard (303) 757-9343 • CDOT Asbestos Project Manager, Julia Hom (303) 512-5519 • Colorado Office of Archaeotogy and Historic Preservation: (303) 886-3395 U.S. Army Corps of Engineers, District Regulatory Olf'cee Omaha District (NE Colorado), Denver Office (303) 979-4120 htlpilwww,nwniisace.armv,mil/htrrrlfod-tt!#rla les. html Sacramento Dist (Western CO). Grand ,function Office (910) 243-1199 http:Uwww.sak.usace army injllcesck co/regelatoryi Albuquerque District (SE Colorado), Pueblo Reg. Office (719)-543-6915htte://www,gpa.usaceMrmv_naareg( • C00T Utilities 8 i ,cial Use and Access Perm ittin • : 303) 757-9654 t!'_ ,i,u • •. : :_ •e.usi # , Ecofoalcal fteaourres — Disturbance of wildlife shrill be avoided to the maximum extent practicable. EnUy into areas of known or ` suspected threatened or endangered species habitat will requires special authorization from the COOT permitting office. If any threatened or endangered species are encountered during the.* progress of the permitted work, work in the subject area shall be halted and the COOT Regional Permitting Office and Regional Ptanneg and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Information about threatened or endangered species may be obtained from the CDOT website htle:fhwuw.dei state,co.us/environmelital ldlifelGuideiines.osp or the Colorado Division of Wildlife website jatpi/wildlife.state.ro,usiWrdtifeSeecie//SpeciesOfConceml, Additional guidance may be provided by the Regional Permilttn, Office in the Permit S . cial Provisions. CulttlraLReaourcee—The applicant must request a file search of the permit area through the Colorado Office of Archaeology and Historic Preservation (OAHP), Denver, to ascertain if historic or archaeological resources have previously been Identified. Inventory of the permit area by a qualified cultural resources specialist may be necessary, per the recommendation of OAHP andlor COOT. If archaeological or historical artifacts are encountered during the progress of the permitted work, work in the subject area shall be hailed and the COOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by COOT prior to the continuation of worts. Additional guidance may be provided by the Regional Permitti { Office in the Perm' 8 • eclat Provisions. Contact lntormation Contact the OAHP a4866-3395. agiteffithabilatiggsMayal.All discharges are subject to the provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regutatlans. Prohibited discharges include substances such as wash water, paint, automotive fluids, solvents, oda or soaps. Contact Information: Contact the CDOT Water Quality program Manager at (303) 757-9343, or the Colorado Department of Punk Health and Environment, Water Quality Control Division (WgCD} at1303) 692-3500. General Authorization • Alljvable Nort-4tormwater Discharges - Unless otherwise identified by COOT or the WOCIa as significant sources of pollutants to the waters of the State, the following discharges to atonnwater systems are allowed without a Colorado Discharge Permit System permit landscape irrigation, diverted stream flows, uncontaminated ground water infiltration to separate storm sewers, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, footing drains; water line flushing, flows from riparian habitats and wetlands, and flow from fire fighting activities. Contact fnformatfon: The CDOT Water Quality Program Manager or the CDPHE Water Quality Control Division (telephone #'s listed above_ Heaardous Materials. Solid Waste - The Solid Wastes Disposal Sites and Facilities Act C.R.S. 30-20-100, et al, and Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), prohibit sold waste disposal without an approved Certificate of Designation (a Landfill permit), The Colorado Hazardous Waste Act C.R.S. 25-15.301 et al, and the Colorado Hazardous Waste Regulations (6 CCR 1007-3) prohibit the transfer, storage or disposal (TSD) of hazardous waste except at permitted TSD sites. There are no permitted landfills or TSL? sites within the State highway Right of Way. Therefore, all solid or hazardous wastes that might be generated by the activities of entities entering the State highway Right of Way must be removed from the ROW and disposed of at a permitted facility or designated collection point (e.g., for solid waste, a utility or construction company's own dumpster). If pre-existing solid waste or hazardous materials contamination (including oil or gasoline contaminated soil, asbestos, chemicals, mine tailings, etc.) is encountered during the performance of work, the permittee shall halt work to the affected area and immediately contact the 000T Regional Permitting Office for direction as to how to proceed. Contact Info: Contact the CDOT/CDPHE Liaison at (303)757-9787. Envrrorsnental Clearances Information Summary Page i of 3 Colorado Depadmermt of Transportation Novernber'D7 Ai los Containh keeterial Mkestoe C e jjm nn tod Soil — All work on asbestos containing materials (ACM) must comply with , the applicable requirements of the CDPHE Air Pollution Control Division's (APCD) Regulation 8. Disposal of ACM, and work done in asbestos-contaminated soil, must comply with the CDHPE Hazardous Materials and Waste Management Division's (HMWMD) Solid Waste Regulations, The application for any CDOT permit must specifically identify any ACM involved in the work for which authorization is being requested. Additional guidance or requirements may be specified in the permit special provisions. Contact Info: CDPHE APCD and HMWMD Regulations can be accessed via the CDPHE Environmental Remelting Website listed above. Additional information goncerninrt clearance on Cl eteeproiects is available from Julia Horn, COOT Asbestos Project Manager (303) 512-5519, or Theresa Santangelo-Dreiling, Property Management Supervisor (303) 512-5524. Corrrstrgcttgp Stpymwater eere t. Stormwater Dfsct)a ge From industrial Facilities - Discharges of stormwater runoff from construction sites disturbing one acre or more - or certain types of industrial facilities - requires a COPS Stormwater Permit. Contact Information: For Utility/Special Use activities been!) to formed in conjunction and coordination with a CDOT highway construction contract, please contact the CDOT Water Quality Program Manager at (303) 757-9343. Otherwise. contact the CDPHE Water Quality Control Division at (303) 692-3500. Website: httpYlww rr.ccl hc�.st e.co.us emits lllni p ni .. Coredeection Dewetortnt( (Discharge or tnfiltrntion) .- Discharges of water encountered during excavation or work in wet areas may require a Construction Dewatering Discharge Permit. Contact Information: For Construction Dewatering Discharge Perella, contact the CDPHE WQCD at 303 692-3500. Website. httt:/ 4, s lihe : e.co us/. ie ' = i n j 1. «, . t.ht 1 Wilma, Industrial Discharge Permit - Discharges of small quantities of wastewater or wastewater requiring minimal treatment, Such as that resulting from hydrostatic testing or certain wash waters, may require a Minimal Industrial Discharge Permit ("MtNDI"). Contact lnfo: Contact the CDPHE WQCD at (303 fi92-3at)t3. Website: l :llv.cd c s u /permitee r t. mill i trueleinal_Separate Stem Sewer Syerte(n 1M34) Dien haroe Permit-- Discharges from the storm sewer systems of larger municipaliiles, and from the CDOT highway drainage system that lies within those municipalities, are subject to MS4 Permits issued by the CDPHE WQCA. For facilities that lie within the boundaries of a municipality that Is subject to a MS4 permit, the owner of such facility should contact the municipality regarding stormwater rotated clearances that may have been established under that municipality's MS4 permit. Alt discharges to the CDOT highway drainage system must comply with the applicable provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations, and are subject to inspection by the CDOT and the CDHPE. Contact Information: Contact the CDPHE Water Quality Control Division at (303) 892-3500 for a listing of municipalities required to obtain MS-4 Permite, or go two ht ;/fvvr�+nv.. ccie)te:.state.co.us , P: ti :Unit/ .cd 1m html# r € € OalF t in : id=-, p(acharae of Dredged oeFilt Material «-494 Perrrilts Arlrninlsteree By the U.S. errineCgrqq of Engineers. and Section 401 Water Quallty Cert1ficatians Issued kettle CDPHE WQCD - Corps of Engineers 404 Permits are required for the discharge of dredged or fill materials into waters of the United elates, including wetlands. There are various types of 404 Permits. Including Nationwide Permits, which are issued for activities with relatively minor impacts. For example, there is a Nationwide Pemmit for Utility tine Activities (NWP #12). However, depending upon the specific circumstances, it is pasaibts that either a "General' or 'Individual" 404 permit would be required. Ilan Individual 404 Permit is required, Section 401 water quality certification from the CDPHE WQCO is also required. Contact Information: Contact the appropriate Corps District Regulatory Office for information about what type of 404 permit may be required (nformation provided at top of ECMO,). Contact the CDPHE Water Quality Control Division at (303) 692-3500. Erosion and Sediment Control Practices - For activities requiring a Construction Stormwater Permit, erosion control requirements will be specified through that permit. In those situations where a stormwater permit is not required, aN reasonable measures should be taken in order to minimize erosion and sedimentation. in either case the COOT Stormwater Quality and Erosion Control Guide (2002) should be used to design erosion controls. Contact informallon: The COOT Stormwater Quality and Erosion Control Guide may be obtained dram the Sid Plans Office at 303 757-93t3 or from: htl.'/lwww. D N. • at: D. _. z._i err, t : iaV-nv 1 - - Lupi ,e, 5-...-s. Disposal of Drilling Fluids - Drilling fluids used in operations such as Horizontal Directional Drilling may be classified as "discharges' or "solid wastes", and in general, should be pumped or vacuumed from the construction area, removed from the State Highway Right of Way. and disposed of at permitted facilities that specifically accept such wastes. Disposal of drilling fluids into storm drains, storm sewers, roadside ditches or any ether type of man-made or natural waterway is prohibited by Water Quality Control and/or Solid Waste regulations. Small quantities of drilling fluid solids (cess than 1 cubic yard of solids) may be left onerite after either being separated from fluids or after inlitration of the water, provided: 1) the drilling fluid consists of only water and bentonite clay, or, if required for proper drilling properties, small quantities of polymer additives that are approved for use in drinking water well drilling; 2) the solids are fully contained in a pit, and are not likety to pose a nuisance to future work in the area, 3) the solids are covered and the area restored as required by CDOT permit requirements (Utility, Special Use, or Access Permits, etc.). Contact Information; fact the CDOT 1 CDPHE liaison or COOT Water Dente y Program Manager, _ _ _ Concrete Waseept - Waste generated tram concrete activities shall NOT be allowed to flow into the drainage ways, inlets, receiving waters, or in the COOT ROW. Concrete waste shall be placed in a temporary concrete washout facility. Concrete washout shall only be performed as specified by the CDOT Environmental Program and shall be in accordance to COOT specifications and guidelines. Contactlnlormatlon: Contact the COOT Water Quatit Pro ram Mena er at 303 757-9343. Sniff Reoortinq - Spills shall be contained and cleaned up as soon as possible, Spills shall NOT be washed down into the storm drain or buried. AO spills shall be reported to the CDOT Illicit Discharge Hotline al (303) 512-4446 (41120), as well as the Regional Permitting Office and Regional Maintenance Supervisor. Spills an highways, into waterways, or that may otherwise present an Environmental Clearances Information Summary Paga2of3 Colorado [Department of Transportation November '07 immediate danger to the public shalt be mported by calling 811, and shall also be reported to the CDPHE at 14877)-518-5608. Transportation of Hazardous Materials - No person may offer or adept a hazardous material for transportation in commerce unless Ihnt person is registered in conformance with the United States Department of Transportation regulations at 49 CFR, Part 171. The hazardous material must be property classed, described, packaged, marked, labeled, and in condition for shipment es required ar authorized by applicable requirements, or an exemption, approval or registration has been issued. Vehicles requiring a placard, must obtain authorization and a State HAZMAT Permit from the Colorado Pub11C Utilities Commission. Contact Information: For authorization and more into call the Federal Motor Safety Carrier Administration, t18 DOT for Inter- and intra -state HAZMAT Registralion1303) 989.6748. Colorado Public Utilities Commission: (303) 894-2868. _ _ pelgp,Httjouv - The applicant must request a fossil locality file search through the University of Colorado Museum, Boulder, and the Denver Museum of Nature and Science to ascertain if paleontological resources have been previously identified. inventory of the permit area by a qualified paleontologist may be necessary, per lho recommendation of CDOT. If fossils are encountered during the permitted work, all work in the subject area shall be haired and the CDOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office in the Permit Special Provisions. Contact Information: Contact the CDOT Paleontologist at (303) 757-9632. Working en or In env stream or its banns - In order to protect and preserve the slate's fish and wildlife resources from actions that may obstruct, diminish, destroy, change, modify, or vary a natural existing stream or its banks or tributaries, it may be necessary to obtain a Senate Hill 40 certification from the Colorado Uepariment of Natural Resourcos. A stream is defined as 1) represented by a solid btue line on USOS 7.5' quadrangle maps; and/or 2) intermittent streams providing live water beneficial to fish and wildlife; and/or 3) segments of streams supporting 25% or more over within 100 yards upstream or downstream of the project; and/or 4) segments of streams having wetlands present within 200 yards upstream ar downstream of the project. The Colorado Division of IMtdtife (CDOW) application, as per guidelines agreed upon by CDOT and CDOW, can be accessed at ,,,,, ■ . _ ..: i... s/- Iron en . r, - r . itan.lic:ation.as r, • Questions or comments about this information Summary may be directed to Dahir Eget, COOT Safety & Traffic Engineering, Utilities unit, at1303j 757-9344, clghir,ncgo€(c cint.sta rn:p.§ Environmental Clearances Information Summary Page 3 of 3 Colorado Deparlmant of Transportation November '07 Gabossi Access MP .109.8 US Highway 6 Engineer's Opinion of Probable Cost Date: August 10, 2009 US 6 MP 109.80 Driveway Construction Item Est. Qty Unit Description Schmueser Gordon Meyer Inc. Unit Price Total No. 1.0 t0 20.0 34.0 tx5.6 15.0 4.0 26.0 10.0 L.S. ;Clear and Grub_________,_. Each !Reset Delineator __ _ j S Y Remove Exlstin As halt Mat 2 Mdhn .._ _ _.�,.._.__�._..,...._.,,...�_„P�.__9.�_I L.F. ;Remove Culvert C Y /Unclassified Excavation 1 L.F. Fence l Hour Laborer --i- C.V. }Topsoil 4 depth . _ ,. ....: ......_ Each ?Erosion Bales (Weed FreeL $1,000.00 $10,00 $.00 _ _. W $3.00 $10.00 $25.00 $55,00j $1.50 $20.00 $1,000.00 $10.00 $1x0.00 $102.00 $1,050.aa $375 00 $220.00 $39.00 $200.00 2.0 Each Landscape Boulder i $150.00 $300.00 w 1. _0_.._.-._ 0.1 26.0 0.1 10.0 95.0 94.0 31.0 50.0 2.0 _1.0 1 0 i. 5A 10.0 10.0 __„6.3 t,,,_§,.. ._. 1 0 4.0 . 410.0 ,0 1.0 L _S._ ._.. Erosio Control Supervisor$5,000.00 Acre Seedin Native $5,500.00 $1Q99......$260.00 $400.60 $2.00 $20.06- .$2500 $65.00C $65.01 $425.00 $2,09000 $20.00 $5,000.00 $275 00 $20.00 $20.00 $1,900.00 $2,350.00 $2,015.00 ,$3,250,00 $850.00 $1500 00 $2_000 00 $100.00 C.Y. !Soil Preparation-. AcreT#Mulches (Weed Free Hay)_,,._., _..M__, i __.,._.__.., LB /Mulch Tackifies 100 Lb/Acrel I Ton IA e ate Base Course Class 3 92_rg ( ) i ion .A.gregate Base Course (Class 6) Ton IHot L.F. . lnclx AsRhelt h Corru atedradN 5teel Prpe 100 (PG 64722)_ 1 Eachrr w118 Inch Steel End Section r- -7- L 5 Surveying �_._.$1;500.00 L S ,Mobilization 1 Hour Flanging . ,.... _ ._ .. _ .... _. __u_.__ _� _ __ DarrTraffic Control inspection $100 00 nay Traffic Control Management i $200 00 j..n Panel (Class l!) $0 00 tachT, Sign Posti2 5 Inc)�Sl�as 80ost ' $425 00 h Roundbe Sc �(P Each !Construction Traffic $ion $75 00 :$35.00 Each 'Drum Channehzing Device__ n__..:.,.V._._�...._.______. __ .,,�.._.�r ._ ...._ -11:6-o F.A FIA Minor Contract Revisions _00 F.A (FIA Quality Incentive Payment I $0.00 $1 000 00 $ 000 00 _ $925 00 $425 DO ` $300 00 $3-56.6'0 __5._ $0.00 SUB-TOTAL,: 15% Contingency: NOTE: The estimates contained herein are the opinion of this engineer and are based upon historical information adjusted for unique conditions of this project. TOTAL: As with any cost estimate actual costs may vary due to market conditions. $28,136.00 $4,220.40 $32,356.40 07 Aug 2009 8:490 ,'barge, PERM1TEE GENERAL NOTES 1) ALL MATERIAIS, EQUIPMENT, IN$TAUATSON AND CONSTRUCTION WITHIN THE STATE HIGHWAY ROW SHALL BE IN ACCORDANCE WITH THE LATEST EDITION OF THE FOLLOWING STANDARD REFERENCES AS APPLICABLE: A) COOT MATERIALS MANUAL B) COOT CONSTRUCTION MANUAL C) CDOT STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSIRUCDON, WEST EMMON 0) COOT STANDARD SPECIAL PROVISIONS, AS APPLICABLE TO PROJECT E) COOT SEMI RD PUNS (u&$ STANDARDS) F) MIA MANUACONTROL DEVICES L FOR 5 MB HIGIYs�THE 03LORADO SUPPLEMENT THERETO 0) MSIi1O ROADSIDE DESIGN GUIDE PLEASE NOTE THAT SOME OF THE REFERENCE MATERIALS USTED ABOVE MAY RE PURCHASED FROM: COLORADO DEPARTMENT OF TRANSPORTATION BID PLANS ROOM 4201 E ARKANSAS AVE DENVER. CO B0222-3400 (303) 757-9313 2) ACCESS CONSTRUCTION WITHIN THE HIGHWAY ROW AND ALL HIGHWAY IMPROVEMENTS SHALL COMPLY WITH THE ACCESS PERMIT AND NOTICE TO PROCEED (NTP). A COPY OF TMT PERMIT AND NTP SHALL BE AVAILABLE ON THE CONSTRUCTION SITE AT ALL TIMES. 3) PERmDTEE SHALL OPERATIONS DURING ACTIVITIES WTIGNATE A H N CONSTRUCTIOND TCS TO MANAGE CDOT RIGHT OF WAY. FTHE TCS SHALL OE AVAILABLE WHENEVER WORN IS IN PROGRESS. 4) N0 VEHICLES ARE ALLOWED TO PARK IN COOT RIGHT OF WAY. NEyy ACCESS 5) THE ENGINEER OF RECORD IS RESPONSIBLE FOR ALL EROSION CONTROL ELEMENTS. SITE Q I r') I,� ll cri W v 6) ACCESS CQKSTRUCDON SHALL NOT NEGATIVELY IMPACT PRIVATE PROPERTY OR THE STATE RIGHT OF WAY, 7) THE PERMITTEE SHALL COMPLETE ALL WORK IN THE COOT RICHT OF WAY WITHIN 45 CALENDAR DAYS AND WITHIN A SINGLE CON5CRUCT1ON SEASON. 6) IT M THE RESPONSIBILITY WINE PERIABlEE TO DETERMINE WHICH ENARONMENTAL CLEARANCES AND/OR REGULATIONS APPLY TO THE PROJECT, AND TO OBTAIN ANY CLEARANCES THAT ARE REQWRED DIRECTLY FROM THE APPROPRIATE AGENCY PRIOR TD COMMENCING WORD PLEASE REFER TO OR REQUEST A COPY OF TIME '(OOT ENVIRONMENTAL CLEARANCE @!FORMATION SUMMARY' (EOIS) FOR DETAILS THE ECIS MAY BE OBTAINED FROM COOT PEESSTING OFFICES OR MAY BE ACCESSED VIA THE COOT PLANANGI AL GUIDANCE WEEPAGE AT. htlp./%w.dat.state cckue/Acc®Permits/PDF/ErwironOleaNrfoSu 9.42003LiveUnkr.pdf FAILURE TO COMPLY WITH REGULATORY REQUIREMENTS MAY RESULT 114 SUSPENSION OR THE REVOCATION OF YOUR COOT PERMIT, OR ENFORCEMENT ACTIONS EY OTHER AGENCIES. ALL DISCHARGES ARE SUBJECT TO THE PROVISIONS OF THE COLORADO WATER QUI JTY ACT AND THE COLORADO DISCHARGE PERMIT REGULA11OA . PROHIBITED DISCHARGES I CUODE SUBSTNICES SUCH AS WASH WATER, PANIT. AUTOMOTIVE FLUIDS, S0LVEN1S, OILS AND SOAPS UNLESS OTHERWISE IDENTIFIED BY CDOT OR THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT (COP=E) WATER OUAUTY CONTROL DIVISION AS SIGNIFICANT SOURCES OF POLLUTANTS TO THE WATERS OF THE STATE, THE DISCHARGES TO STORM WATER SYSTEMS ARE ALLOWED WHOM- A COLORADO DISCHARGE KRAFT VEDA PERMIT. LANDSCAPE IRJUGATION. DIVERTED STREAM FLOWS. UNCOMf4IANMTED GROUND WA1FR INFILTRATION TO SEPARATE STORM SEWERS, DISCHARGES FROM POTABLE WATER SOURCES, FOUNDAT1014 DRAINS. AR CONDITIONING CONDENSATION. IRRIGATION RATER. SPRINGS, FOOTING DRAINS. WATER UNE FLUSHING, FLOWS FROM RIPARIAN HABITATS AND VIERJIL1S. AND FLOW FROM FIRE FIGHTING ACTIVITIES. ANY OTHER DISCHARGES. INCLUDING STORM WATER DISCHARGES FROM INDUSTRIAL FACILITES OR CONSTRUCTION STIES. MAY REWIRE COLORADO DISCHARGE PERMIT SYSTEM PERMITS FROM GOPHE BEFORE WORK BEGINS. FOR ADDITIONAL INFORMATION AND FORMS, GO 70 TIME CDPHIE WEE511E Al" http//wincodpheartate.co.us/wq/PerwitUnit/wqc4pmthtmL 9) RIGHT OF WAY IS H07 REQUIRED FOR CONSTRUCTION OF HIGHWAY 6 IMPROVEMENTS. ALL WORK 41711 OCCUR WITHIN THE EXISTING COOT RIGHT OF WAY. EXfST1NG ACCESS fro .• AmAxaaoralla, (=Naar a P= w EXISTING. LC> AT10N MAP NOrr TO 8C?,ALB LEGEND 'Q) 1117L.AY POLE 02577NC GROUND SIGN T PROPOSED GROUND SIGN • BUTTED PHONE MARKER GW NTA1E n FLARED ENO SECTION • BOULDEVROCK • PROPERTY GAP O/FIE DVERF1'4D ELECTRIC EINE TELEWONE UNE X x FpWCEUNE R&VFGEfA7ED AREA laCGE^.�S srrE INDEX OF SHEETS 1 DTXII? SHEET 2 D16NEIVAY PL4N 4 PROMS 3 DET.VLS Q REYEG PL4V 4 A7 1)70 Al NO1ES ORCHARD £XH/[,YT 6SCHMUESER1 GORDON 1 MEYER ENGINEERS SIJRV EYO RS I I B W. BTM STREET. SHrrE 200 GLENwo00 SPRI.135, COLO(+Nco 61001 1970/ 04,5-1004 FAX 1070) 945-5043 A585,+, C014.1.00 1970) 425-6727 C555888 Burr8. CO 1870) 349.5355 MP 109.8 US 6 Permit #309040 1.1.200912009-3J6.001 Old Orchard SubjOrchard Exhibit -Al 5oved: Thu, 06 Aug 2009 4:lJpm Plaited En; O% Avg 2009 8:49am !burger 9 0 2' 4.1 OPE 4:------- DRIVEWAY SECTION (SEE 64-22 HMA ASPHALT TEMPLATE DETAIL) PROPOSED DRIVEWAY TYPICAL SECTION MP 109.8 US HIGHWAY 6 16' PAVED WIDTH 2% LANE J / 2' GRAVEL JLW 1-1 / SHOULDER c, / STA 0+55.351 :a STA 0+ IMITS .67 / LOF NMA ROW / 0 43') / AND SHOULDER+ 2' / / r +SIGN, IL" ---=1s OF REMIXISTINCOVE 2DRTICE�F1 L.F 1,1416.� 1W 4:1 SLOPE, 1}4? 2' SHOULDER lJ la7STING GRADE 11® CMP w/FES STA 0+,53.65 0/5 25.01 INV OUT- 561894 ® CMP w/FES STA 0+.32.55 0/5 25.0P INV /N- 5619.44 05' STA 0+50.02 • tat:r,. NSW oS43R-.....-. PPoPERTr Lm 5620 rte_ RESET DELINEATOR 21.29 . 1,! 1t f WHITE C/NE RE EX'18 Carp1• • r i a ..1.,. ✓Iilljr MP 109... - osr;47-E 5640 56.30 EDGE DF ASP1-1.41 N 10869.59 2 I -J r G, 4' WHITE UNE £997 Ij:T 11 .. GRAPHIC SCALE DELINEATOR • POST m o a zo w ( IN FEET ? 1 inch = 20 1t. EDGE OF A PHALT ro of ................................ LOW POINT ELEV = 5622.07 LOW POINT STA = 0+34.02 P14 STA PVF ELEV = 5621,68 A.D. =;9.00 IC = 5.56 50:00" -VC ............. 74- Job No.2009-336.001 O m IQ kct 18" CMP XING STA 0+3365 INV EL— 5619.19 SCALE: = 20' HORZ = 5' VERT EXIS77NG CENTERLINE ELEVATION FINISHED CENTERLINE ELEVA77ON DATUM ELEV 5610.00 r N `�N +� crz hh f �'N �ko SIN 4/ h� ti h 5625.33 0+00 0+50 1+00 ORCHARO EXHIBIT 6SCHMUESER 1 GORDON 1 MEYER ENGINEERS I SURVEYORS 3 I S w. 8T+7 STREET. SUITE 200 GLENWOOD SPRINGS. COLOR.we 81 6D 1 19701 94 5-1 004 FAX 1070) 945-5948 MRO,. COI.OR.GO 18701 025-0727 CRE TIEu BUTTE. CO 19701 349-5355 MP 109.8 US 6 Permit #309040 111200.912009-3,16001 Old Orchard 51,81Orchard Exhibil.drg Saved' Ina, 06 Aug 2009 4:13pm ProfW rri, 07 Aug 2009 &50om 18or9er ■■■I■ ■■NEN. aii ham GRADE SX(100) (6422) LASS 6 ARC. CLASS 3 A.S.C. 64-22 HMA ASPHALT TEMPLATE NOT TO SCALE NEW FULL DEPTH DRIVEWAY 2' CON'S -MICRON BERT JOINT �— B z' >HICIr S4WCUT LINE MILLED EXLSIING STRUCTURE >a REWAIN PROJECT LIMIT ASPHALT PAVEMENT TRANSITION NOT 777 .SCALE NOTES FOR 4B4NDONINC FXISTINC ACCESS SIM -REMOVE EXIS77NG GATE AND REPLACE WITH FENCE -PLACE LANDSCAPE BOULDERS ON COSTING PLATFORM -PREPARE SOIL, TOPSOIL, SEED, AND MULCH EXI577NG DRIVEWAY LIMITS WITHIN THE RIGHT OF WAY GATE POWER POLE ~�T EXISTING ACCESS (TO BE.. . E'O PRENANE �OIL,flUPSC>IL,` SEED, & M LCN --------0IFri. o'Jni�L: PHONE MA RKEP MP 109.9 GRAPHIC SCALE AFpp0X6.w4re. OCE' 4s, D 10 2D M 4907-4- ( IN FEET ) 1 inch 10 ft Job No. 2009-336,001 ORCHARD £XHI/31 m q Q � 6 SCHMUESER I GORDON I MEYER ENGINEERS I SL FIVEYO RS 18 W. 6Tx STRE r. 5urrE 200 0.04wo00 SPRINGS. COIORAoo 8 I GO 1 15170 945- I 004 FAX 10701 945.5949 ASPEN. COLORADO 09701 025.6727 CRCSTcO Burse, CO (970/340-6355 MP 109.8 US 6 Permit #309040 ADDITIONAL, GENERAL NOTES 1) THIS A$'CFS4 PERMIT APPUCATKIN #308154 WILL REPLACE ANT EXISTING ACCESS PERMITS FOR THE SITE. 2) UTILITY 1GIFS SHOWN ON THE PLAN SHEETS ARE PLOTTED FROM THE BEST AVAILABLE INFORMATION. THE CONTRACTOR'S ATTENTION IS DIRECTED TO SUBSECTION 105.06 OF THE STANDARD SPECIFICATIONS CONCERNING UTILITIES. THE CONTRACTOR SHALL COORDINATE WORK WITH UTILITY COMPANIES SO THAT NECESSARY RELOCATIONS CAN DE ACCOMPLISHED WITHOUT IMPACTING THE CONSIRUCRON SCHEDULE. 3) THE CONTRACTOR SHALL CALL THE UTILITY NOTIFICATION CENTER OF COLORADO (UNCC) AT 1-900-922-1967 FOR UTILITY LOCATIONS AT LEAST 2 BUSINESS DAYS. NOT INCLUDING THE DAY OF THE ACTUAL NOTIFICATION. PRIOR TO ANY EXCAVATION. THE CONTRACTOR SHALL VERIFY ALL RIM AND 1NVERT ELEVATION OF EXISIING UTILITIES AT PROPOSED UIMIFY 115-19 LOCATIONS AND ALL MATCH POINTS P1909 TO CONSTRUCTION. REFER TO THE SURVEY TABULATION. 4) THE CONTRACTOR SHALL 8E RESPONSIBLE FOR *09591NG TO ALL GARFIELD COUNTY ORDINW{CES. 5) WATER SHALL BE USED AS A DUST PALLATNE WHERE REOWRED- LOCATIONS SHALL 65 DIRECTED BY THE ENGINEER AND SHALL NOT BE PAID SEPARATELY. 6) FOR PREUMWN 9 PUN QUANTR1E5 OF PAVOAENT MATERIALS. THE FOLLOWING RATES OF APPLICATION WHERE USED: ACCREGATE BASE COURSE (CUSS 6) 0 133 LBS/CU. FT, AGGREGATE BASE COURSE (CLASS 2) 0 t.35 LES/CU. FT. HOT EITIIIMINOIJS PAVEMENT S5 (100)(PG 64-22) 0 110 LBS/SY. YD./INCH TACK COAT DILUTED NUL ASPH (SLOW SETTING) 0 0.10 GAL/SQ. YD. (DILUTED) 7) DILUTED EMULSIFIED ASPHALT FOR TACK COAT SHALL CONSIST OF 1 PART EMULSIFIED AND T PART WATER. RATE OF APPUCATION SHALL BE DETERMINED BY THE ENGINEER. 8) THE FOLLOWING SHALL BE FURNISHED WITH EACH BITUMINOUS PAVER: A A SKI TYPE DEVICE AT 30 FEET IN LENGTH. B. A SHORT SKI OR SHOE. 9) DEPTH OF MOSTURE-DENSITY CONTROL FOR THE PROJECT SHALL BE THE FULL DEPTH OF All EMBANKMENT AND 0.5 FEET BELOW 845E OF CUTS AND MILS. TYPE OF COMPACTION FOR THE PROJELT WILL EE AA51{TO T -S5 FOR E1.1EA:vhMENT MATERIAL (CIP), 10) EXCAVATION REQUIRED FOR COMPACTION OF BASES OF CUTS AND FILLS WILL BE CONSIDERED AS SUBSIDIARY 70 THAT OPERATION AND WILL NOT BE PA0 FOR SEPARATLEY. 1T) EMBANKMENT MATERIAL SHILL HAVE A MINIMUM R -VALUE OF 60 WITHIN THE TOP 22 INCHES OF SUBGRADE 12) ANY OPEN EXCAVATION LEFT UNATTENDED SHALL BE BARRICADED OR FENCED OFF 6Y THE CONTRACTOR. COST OF THE FENCING TO PROTECT TRAVELED WAY SHALL BE INCLUDED IN THE COST OF THE EXCAVATION. 13) THE CONTRACTOR I5 RESPONSIBLE TO MAINTAIN ALL EXISTING DRAINAGE 5YST1LS DURING CONSTRUCTION. 1I15 CONTRACTOR SHALL ALSO MAINTAIN AU. ACCESS POINTS FROM THE HIGHWAY DURING CONSTRUCTION. i5 ADJACENT PROPaT1Y OWNERS AGREE IN WRITING TO TEMPORARY CLOSURES. THESE AGREE]IEMS MUST BE APPROVED BY THE ENGINEER IN WRITING PRIOR TO IMPLEMENTATION. 14) CERTIFICATES OF INSURANCE ISSUED FROM THE CONTRACTOR TO THE OWNER FOR THE PROJECT SFALL ALSO NMM5 COOT A5 AN ADOITIONML INSURED PARTY. 15) THE CONTRACTOR SHALL SAWCUT THE EDGE OF THE EXISTING ASPHALT MAT TO PROVIDE A CLEAN JOINT BETWEEN EXISTING ROADWAY AND NEW WIDENINGS. TRAFFIC CONTROL NOTES 1) PRIOR TO BEGINNING OF WORK IN THE COOT RIGHT OF WAY, THE PERMTITEE %HALL CREATE A SITE SPECIFIC AND DETAILED CONSTRUCTION TRAFFIC CONTROL PLAN WHICH COVERS Ail PHASES AN0 DAY/NIGHT SIGNAGE CONDITIONS OF WORK, INCLUDING FINAL S018HG AND STRIPING, 2) PERMITTEE SHALL REMOVE ALL TRAFFIC CONTROL DEVICES AT THE ENO OF THE DAYS CONSTRUCTION ACTM11E5. ON WEEKENDS AND HOLIDAYS, UNLESS OTHERWISE DIRECTED 8Y COOT. 3) THE POSTED SPEED ALONG HIGHWAY 6 IN THE PROJECT AREA IS 55 MPH, WHICH WILL BE MAINTAINED AS THE CONSTRUCTION ZONE SPEED LIMIT. DRUM CWVPNE.RING DEVICES SHALL BE SPACED 25' ALONG THE CONSTRUCTION LBWS (APPROX/JMATELY 55' ON EITHER SIDE OF PROPOSED ACCESS). NO DRUIAS WILL BE NEEDED AT THE ABANDONED ACCESS. 4) CONSTRUCTION TRAFFIC CONTROL SHALL FOLLOW `SHOULDER WORK WITH MINOR ENCROACHMENT" (FIGURE 7A-8 IN THE IIUTCD PMA R.). 5) CASE NO. 25 ON STANDARD PLAN S-630-1 (11 OF 12) SHOWING 'FINES DOUBLE IN WORK ZONE (WITHOUT SPEED REDUCTKIN)- SIGNING SHALL APPLY TO TRAFFIC CONTROL ALONG US 6. 6} CONCTRACTOR SHALL 51181137 TOP'S ANO MH1S FOR ALL PHASES OF WORK AT LEAST ONE WEEK PRIOR TO COMMENCING WORK IN THE R1GH7 OF WAY. T15 ENGINEER OF RECORD SHALL APPROVE ALL TRAFFIC CONTROL SUBMITTALS B1' THE CONTRACTOR PRIOR TO INITIATING WORK IN THE RICHT OF WAY AND PRO805 COPIES TO CDOT. 620-T0 THANK You TTI AYOUN7EO 9Y WESTBOUND AND EAS790 9YD DIRECTION AMER ACO CIONSI13C)7CW a N20 -7A• A!P 100.8 y5 9 Arsyg< 0 751fx:7JQy 01779 3 • USED ONLY HWIERT HEAVY VEHICLES ARE TURNING FTRQUE RM W21-5 BSCI-{MUESER 1 GORDON 1 MEYER ENGINEERS I SURVEYORS 118 W. 8»1 STREET, SURE 200 GLERWROu SRR1xw, COIARRDO 81601 10701 945-1004 FAX 19701 045.5949 ASPEN, 0014,..90 19 701 02S-8757 CR0TE0 F3urrE. CO 19701 349,5355 Final Subdivision Plat OLD ORCHARD SUBDIVISION SITUATED IN THE NWIA OF SECTION 35, TOWNSHIP 5 SOUTFI, RANGE 90 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO . . - . = . • A .: 1.i..cr, -c-ce 5 29,22'z''i 53 5.7 1ee.. - - . = ..79-. r...-, ...,...e. y a 5, 01 65, ...•:.nn. .....,seay a, A 25 0-` 04 :-::: :- - ' "..--,' 0 95-: .-5" 6,1 ,8 ': d• ^8 :• : "77,00' 0' fa..., 7 0 :Cs, 0,7 Fc, ne.-..aynnee td .,ne Cr.- , :' ,... r_r • . . ,_ 1-e e''.. 0-5 d •eave 2. 1C-5 00 "pe: .. :: 0,...5-ty ':2: ,-,c-9 e• cens..,01,- a' ..,...n.e,,..• dr 1...., ..... .. ...,,r. - 2-0 0,9 0, eneerne,s ee0.20.0 La ....0 C...n t, eNaen, en f5ac ,c.5,.,. 5.0.,-, - r, ---0 0,-d cr, Co...,y Cam, sfe-e'd ay enne•Ve ',fen ,,. n., .7. 0.3e 73 3: 3 - • • 4 2. 22"E 2713' ,ee0 5, 000..• 0555 4' '" 29 5ect.; ". '• 57 ,S3 • ^,ce 08'22 99 E ti 3/ C.. tc ' : -, ,- c n,„,n.: •-: c.sts I ,ess ..sTn r.,- r-0. - - :e c' s -r- •ci • d.:K .• re, - ▪ e c„.c-nc i -e^. 7,, -0 n• '..-- r, se c• r, C../1"7. 4,0 !SS... ,c.css 4,.523 5;5,5: 5 C. 5,s,, Ea• 9900 -“073 E 9: 090 GO 9 5450 CC_00.4753 E-: r' ▪ ss, . . . 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Sheet 1 of 1 0-1. 3:::y CObb68' Date '2/M0y/2010 0w4 foe. 99.088.007 08 By S cs 065 00 99 089 50 607 00,800. 5(509050, 85 20_ Es ei n'en .0 4!' 0. 07 0,40c '5, ss .5,5•5; _ 165.-555,E05.555. 80 866 61..5, se CP r,e01[3 by to..t"'" Acrs'y y Pranc,:y 040 500O Reartee 05' ct 5090 790 0660 56 85 A -7 •-te ,58S63S-05885 • r .0 '; .t7 ^ 977" ne 522 7" e.- :• ," 2: s c' Ir.es cr.,1 • 5' 5,es cs 0 070.8,, 5409-0,.1 • c -c ,a.sr5s . Icse5,5:4. irts 04 Wey 0,-e• 0650086c 920ec:50 1-0, -c.cc. as ,e5.0-crec 84:0•55, 520507 7 0 07! !. 1": 0"-o „ _ _ _ 370293 e- --e 9 e•:ee tc,:554 b,.c.s,a, c' .r rs rs ,4530tor. No 053629 0500- - 0012:17,9-, Era Scat 7.: 1 537,60' :2353 _02 2 50,578 2 256 .50 ) ,50.2.30 0 543 004 t 34 304 LIM 840.775 20 770 -• — &In I Be8inninti 107-2860- w W9584 W2;2700'505 _ L.1421411 4 4204.2724 595424.T0PO4C30))42224.484424848450w417.77177.1; Cy Mdp. .= 2000 5700 5887 5635 4.4 5630 • .7_ ." •''1222289 = 16397. 14247' 10 • savarg,s. .5. 500'36'3 ps.6a le884. 53 3.1 Fr ',env. Co - 589. ' 3.0 050' .5 . ." J8.9,31.2. IC' P,..alt Se, Cc 556,ert. trc 7 15,4. f04c- ituq. '059e55/EV.4,1 11.1,0.0 na 10 .iyr,,,...: EBY ay I.- \—C3 570 .4.e a4. $ ---,6-7.7 . ------ ,-----___A 52.0so - -- --oo135 1.3-0.Ln,.. ."-_,--/ -----e-__ _ . 5581 -,,AD,D (,, -TATE 52 Cr. 5010 4.0900004 C65, (cc:. ca.c_.-1. C..,.. •i• ' V. iz.is_ .5¢-5 s, . , (L...,55- Mt e s....,..ess, C.IS"^ )' VC) A, ----------------5445 ' -4'., <, • : "09 ,55.-cts. -5..5,50 .,..'- a, crms,..r,55 554 '00 444 5*0 NV- ''SC.75,5 ( .". C`505 5' ,50 ((-• 5., 385.-56- :0 04'4S ;4,1, - ,-, Cc C - - - 5.50...s 55 .5 sys,-, 1-5 . cra ,..,-e: . `5.4 ,33 , .--E.,. • 24 s,,ss-ss •-•-e - •••,.. C0.50705. 50 _ 00550 _ 90 se s 000 79'!"0 :7 ,S. 0" !"7 SeC-0"-S. 7"1. re .n.e-:,,er ny 0 ',. ,• s,., ,...- ',..- s -c- :. 21 ry .., 4 d.d), 0110a,8ee Me 10.0,05 100 4,8 4444,44A -- ,-070cSy '68 S 5..70 0544 ",5 C: 5,ne Fc.est ,0e'e, e 5s5,e F-7 .7.CSO 00, ea 16 50: o"...7 St,0[6.00 " 9e 109 be, 150 • 6 GRAPHIC SCALE ra. ura. 19 ME 1=d 25 t: LS LI5 44 olE LI! 34 55 85 55 ` L:3 162 LIS :26 68.23 ,27 53 70, ‘.7.9 5505 z9 60:9 590: 05.22 :553 6707 10057 010 1 133/ Dee O 5 60 N.16.,9 133 5205 ▪ 7,34 10"W 1.34 1072 04.23'70"W 35130 9067 208.2611,P O 920 N04.53'270 L43 3150 515.'70.5251 010 4077 626.5905-E 052 _ea% 43 6163 698 9770 525 1.73.5 ,9 5:37 6135505T 667 55 s3-2 %a Caen n•P' na "1 ^ • - - 070259 5: CRS 75-7-00- , NRS'OR-:" 446▪ 7.4610': 04550,s 3105.10.3550 Ord neer.," 1) 9, [Or, 9,9 0,0 05 101 ,,,,,,,. (5:1"4 029 0,05 cl,act. -,5•51. 1552 17.00 II 0,1 r -OO .5505 50 5. 1ey.702 0zue•ly 50..000'es • . : . . • 7_, . . C..070 ... 802,49 53 29701. 660.209' 15005055 •- 4v, 'Al.( *50 005 ,61 52 2.ss I :08 0569' 5055' L_ 178 95' 83 I CS _ Si' _ 83 07 5345.5.440[ 740 5047 70350 5:94 7 "5 ' 20.050 99.32 350 0- 07- 09505' '5'5:26 54.501 00'5 93'5 (78 P8507) 1 Inch ICC 11. SurvCo, Inc. RTIC GPS end Conventional Land Surveying Services 824-1/2 crena Av4rma. 1.841 0511:4 8444 2782 014408441 Spr1484, CO, 81802-2782 P8900c(870) 845-5845 Fa00(870) 945-5948 CURIE 05 02 RA0402 10000 200.00 LENGTH 42.53 18.50 CURVE TABLE TANGENT 21.59 9.40 CHORD 42.21 1579 8E4RING 5,P19;16'W N26.49 0B -E DELTA 2472'10" 573'04" INSTALL 317 LF. IYPMAL GRAVEL 0RA-Ko Y N0 *466/6 5IGN INGRESS/E4ESS & 510ILI157 E4EMENT 12 x25' f MER{+1'NCY SERVICES 8UVP OUT. RELOCATE EXISTING FENCE & 1RRIG`ATION LATERAL S:A �f659S 0� PI oO'R APPROX LOCA EXISTING '. IRRIGARON-., LATERAL 5650' 56401 5630' LOW POINT ELEY = 5622.07 COW POINT 5,4 = 0+34.52 66 575 =0#47.91 PN ELEV =. 5621.65 A.0. ='9.00 K = 5,56 . . .._, 50.00i VC h ocNi 4 m m -2112 3 U io 5ti Nry O'er til hW DATUM ELEV 1.38' 0 1 0MF `XINC 564 0+33.65 INV EL- 5619.19 7 0% SVCS: 1421,22 ..,..,. 5VCE.5625:81... PN STA = [+71.22 PVI ELEV = :5630.31 AO - =350 K7 33.33. 100.00' 50 EXISTING CENTERLINE 51814 7655 17NISHE0 0ENTERLINE ELE5AT10N • SCALE. 1. = 20' HORL 1 - 5 VERT SVCS .3-1- 79.9C APPROXI616IE FINISHED GRADE 6 100.00' VC PN SYA = 4+29.90 PV7 55EV = 5640.66 A.O. = 300_ /6 = 3333 EWE: 5644.15 £X1511NC CENTERLINE £LEVAIION FINISHED CENTERLINE ELEVARON 5630'', 5620 5610.00 ro 7..cs h h 76 6 6 6 h v h c b A b h n 57 O n h 76 76 v h O v n 76 4� C hb h 0, n h C h O v 76 76 N h 4 V 57 0+00 0+50 1+00 1+50 i 2+00 2+50 3+00 3+50 4700 4+50 5+00 5+50 5+00 SCHMUESER 1 GORDON 1 MEYER rncINrrns Isunvc+o,s SCHMUESER GORDON MEYER 1 1 8 W. 5TH STREET, SUITE 200 GLENWOOD SPRINGS, COLORADO 81801 (970) 945-1004 FAX 1970) 945-5948 ASPEN, COLORADO (970) 955-6767 CRESTED BUTTE, CO 1970) 349-5355 LOTS 1-4 (EXHIBIT A) OLD ORCHARD SUBDIVISION NUM - 8£R REIA7S10N 047E PRELILIPLARY/FINAL PLAN 72/76/02 8Y RM DRAINAGE & GRADING PER PLANNING COMM7S51ON MOJ70N 10/22/70 RM ✓o6 Na. 2009-336.007 DRAINAGE/GRADING PLAN AND DRIVEWAY PROFILE P£ DMx of _RA SdOrcherd-01-02RP Drown 6y Ogle.' RM 09— t8-09 1 1 OLD ORCHARD DRIVEWAY PROFILE CONTINUED BEGIN CULDES40 5TA 6+95 OJ EL -5652.94 r /7 VI5610 GRADE EXISTING GRADE 75.00' VC 541GH R0Nr_451V 5653.60 11I06 POINT STA = 6+4670 PVI STA = 6+25.87 P5 ELEY - 5654.38'. A.D. = 9.00 K=533 1554 a h hh r\h h � hh hh �o e hh % EXISTING CENTERLINE ELEVATION J/,— 67N75HED CENTERLINE ELEVA179N 5650 O• ..56.70 5520 '�Oh �h bh Nh bh hh hh hh hh by 6+00 6+50 7+00 7+50 8+00 LEGEND ELLER, FC95 5!55055 54 1540 SkW 55/60565 VLNO /705 0 5 EO RRqV£ m451/OT -0 cur MAK /LAAED ENO $ECnpI ® 6 ULC07/r1Oar • PROPER,' CAA Ell (5557/1. FRNV5P2R4Ifix */t5 05555140 E1ECIR( 1/15 15565545105' LAVE z-�- TENCATAVE SF Str 7540E OE Cass 1ECIRIG /5055 C ray UNE E ECE5r16C UNE x IN51:415 12. OMP 4/ CANAL Ger AN ,TILER AND FES ON OWLET WV. IN -55555.51. srA 6+26.,9 0/5 51.715 3 /NJ 015r-5550.553, 174 6+,155 0/5 52.705 (C54550.'"rc*i r0 /5RIr1' ,1450/ ON SY 24' 4155 WEN a.. /0V. .5 0E0' /015 '5 OF 12.- PROVIDE 2'PROVIDE 515:. r2' 50VER 0Q-5 12" CN,) Lot 3 2.393 Ac. / / / /'• / /7 / / / / // / / / / F E 56$5 PC = 649803 5r 0/5 40.852 • CAN IRRIG4LON IA/ERA AS PRESTO IN 77EL0 61' E GINEER / 7 f/ ..�1~- / 20 510'1 0 ' I70 -u/":, 5654 r 4 ` �' 65.39' m 'R Z `4 T j kI-.�� r g SJ ti 4 + z h y 7 Jyy b C� fir v I0 � 4 W �/AF'.. e �$ cid Sx r /rG$ QpOs'QZVS�S \ / GRAPHIC SCALE TYPICAL GRAVEL 05111 -WAY 40 54565545 ..2-6' 5LEEVE5 RJR ENV/45 5n5n£S 55A 5+45.25 (0 • srA 5+50.15 (5) gry /155.0! E-.t0]620f ( 55 FEET ) 1 incl - 10 !L, CURVE 7481E CURVE 65555 LENGTH TANGENT CHORD BEAR/60 DELTA C3 50.09 57.29 32.25 54,21 55657 b6"W 55:76 59" C4 50.00 25.33 12.94 25.06 575'4256'W 29'01 ;76" 2' 20" 8' 8" 2' UNOOSFURBEO 5155454 GROUND 6" CLASS 6 AGGREGATE BASE COARSE 15' CLASS 2 845E COARSE WRAF 500X FABRIC TYP. DRIVEWAY CROSS-SECTION ' ' Nor r0 5C-405 12' 2" * VALUE ENGINEERING MAY RESULT IN ALTERNATE SECTIONS 05150 GE06R/5 UNSSTUROEO BAR/PAL -/ WRAF 5004 5/650 12" CEASS 2 GROUND BASE (0445E TYP. APPLE ORCHARD ACCESS CROSS-SECTION Aor rO 504LE 4, 5650 23 00 cz3'� waw, m0 5640 5630 DATUM ELEV 582600 ORCHARD ACCESS PROFILE PN 514 = 1+65.57 PW ELEV = 564020 A.O. = 4.00 X = 25.00 SCALE.' = 20' HORZ. - 5" VERT. EXISTING CENTERL/NE ELEVA006 FINISHED CENTERLINE 55665110N 0050 1000 I 050 20 09 a- 5636.66 • CJS./ 4641 / 2.286 Ac. 15 SCHMUESFR 1 GORDON 1 MEYER ENGINEERS I SURVEYORS SCHMUESER GORDON MEYER 18 W. 6TH STNEr, SUITE 200 GLENWOOD SPRINGS, COLORADO el 601 (970) 945-1004 FAX (970) 945-5948 ASPEN, COLORADO (970) 925-5727 CRESIED BUTIE. CO (9701 349-5355 LOTS 1-4 (EXHIBIT A) OLD ORCHARD SUBDIVISION NUM- CATE PRELIMINARY/ANAL PLNI 11/54/55 BY 2 1/1/10 °RAVAGE A. GRAIIING PER PLANN,NC COMMISSION MORON 10/22/10 Rolf PLAN AND DRIVEWAY PROFILE Job No. 2009-356.001 Drawn ty: RM °car 09-18-09 DAIK OF XdOrchard-Of -0255 2 GRAPHIC SCALE 5660 5650 DATUM ELEV 5640.00 ( IN FEET ) 1 inch = 20 R. +0 Co C0 ril ZT N a IRRIGATION SW E O+Z'°E iYi/NE�..- .��- . IRFIJnON. nes SUR" X 0 0 l7 cse LOT .i 3' MIN. C.ONTAlNMENr� £X1577NG GRADE 5cAL. 1 = 10' NOR Z. - 5' VERT. n '+Ni N N h h V 4i h 5 C n A h N N 5, h 1 'CO, 55, 0900 0+20 0+40 SECTION 1 5660` DATUM ELEV 5850 00 ro 0+60 0+60 \4 0+00 0+20 0+40 0+60 SECTION 2 0+80 1+00 5670 5660 DATUM EL$V 5855.00 b n a h 10 h b b h 0+00 0+20 5670 0+40 0+60 SECTION 3 5660 DATUM ELEV 5655 00 n n r. 'Ec h "'1 h q e " V} e h e �] n h b 0 N 0+00 0+20 0+40 0+60 SECTION 2 0+80 1+00 5670 5660 DATUM EL$V 5855.00 b n a h 10 h b b h 0+00 0+20 5670 0+40 0+60 SECTION 3 5660 DATUM ELEV 5655 00 n ',T.''' h 'Y h n h O n 7 n 10 4 b 0 N �O 5 b b h 5 h h h h h h 0+00 0+20 0+40 SECTION 4 0+60 DATUM ELEV 5656 00 n 00 i h ',T.''' h 'Y h n h On h 0+00 5660 - 1 0 5670 - DATUM ELEV 5665 00 h 0+20 SECTION 5 3' MIN. CONrA1NMENT� 0+40 \ \_1 EXISTING GRADE n h m n h n h n 19 1 n h 01-00 0+20 0+40 SECTION 6 = 10' HORL / SCHMUESER 1 GORDON 1 MEYER ENGINEE.,5 I SVnvEYO=s SCHMUESER GORDON MEYER 1 1 5 W, 5TH STREET, SUITE 200 GLENWOOD SPRINGS, COLORADO 81601 (970)945-1004 FAX 1970) 945.5948 ASPEN, CoLoznoo (970) 925-6727 CRESTED BUTTE, CO (970) 349-5355 LOTS 1-4 (EXHIBIT A) OLD ORCHARD SUBDIVISION NUM- 655 REW5ION DATE RE057E0 0E175 &45E0 001 FIELD 588067 90/22/70 LOT 3 BERMING & CROSS-SECTIONS Job Na. 2009-336.001 Orono 07 MLC Vele. 5/20/10 3 OMK 5791 d 0,-chard-O39erm-XSec OF 4, L. 76'11 "2 44=4','42.5 �E 6l 6 564,•24'5714 0933 .449'33'5 21 55: T n552 534.3225'- tic5.q 4'Cf"-' 34.5 75'40'48 L57 1763 5623':1'4714 _55 - 553 L59 4.56 454'5.55= 663 35,6 635'S.555'E LE: 1]85 "19.27'25'0 L52 5547 4:7';5'26'2 L53 79.77 493.06':2" .55 63.5 553'16'73'0 1.95 5359 i 5°3.01'35'1 _5n 5449 596'1:665'. 39 3455 5,70'14559'E �.�.. :519 ... 597'39'13 • L' 14574'. _ _.-.� - 544.45'49'E Final Subdivision Plat OLD ORCHARD SUBDIVISION SITUATED N THE NWI/4 OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 9C WEST OF THE 6TH F.M. COUNTY OF GARFIELD, STATE OF COLORADO iecc oec 5 -ec. -" = 799 2923-352-00059 LWFLATT'D U.S. SAN< NAT'3NAL 31500,AT104 W'LLIAHS N4. 2 P.O. Box 64942 ST. 98DL, M.V. 5504-9306 Z0NINL - 913596 Old Qrchard Road 3455.. 449..4 ti 2397' _ase 14/41 2123-352-00059 Lk/PLATTED L 5. BANK NATIONAL AssOCIAriCN 44.LLIA1-1S N0. 2 P.O. !Mx 04162 ST. PAUL_ MN. 55164-9366 2456140 - RII491 =";., Lot 3 / 2,393 Ac. .914 559 .>,7 55.5 1 o a g-. d�L.Ls�i4s'36.uy�a;c' - 45?9'46'47 37 -EC SS`e� Local[ ,.6971 ,7- 172 -3:97 5[3'34'32'2 e:s: ..� ° 2C' = Se,ce Por,F. 585. 245NC 45755.9 .x.e .-.-e.c. 4c _9n es `\-°�_•_�, r" c Seg.c:35 - e - c - ' 33' Bcc7376, ,[129 :35x9377 4 e 532493. T:e .r. e..: 5 ......,w dn0'7.6^e e.,4. cess R- � �-Ecseren: 795374 1620„ _e_ 48. .2;'S7C+J^ 3`-37 a 5yH 373y »________ _ ___99_ - COL ORA Sr o4 s; ____ 437' 4 7'4 1f1g8WAY If 9e, o9. N0. Ds: 7'49223 $25-'4'2`_",: C4•- 29 7'31 S: 3'f )'35'•.' 244.' - 749: 525.40'44'd 75 '5755' 4.:0 37.7'5' 9:457'5-a 35 11455' __.5- 45596' 345'57'77__ '4,4 Sheet 2 of 2 7cle� '5/\o.•/2C'C y _. 95.305.307 S. =_ps .oc ♦'. ' 95.0"89 9- 44'1 i.7,.56'4 074544 2123-252-00-.87 LOT 3, 6..9655r 5,x50 4 S ou 5x-M.7'C5 Roc A57Ro5Y AND MAR: 4+1 Gs96S5r 44523 NrGHWAY 6 GLE579D 0591665. CC 61001 Za+'SG - C91-1MERCfAL Se7:.cr 3 Point of Bo Intlin6 2123-352-00-180 L01 2. 4343C551 93901144:00 0905490105 CM9940 L, 40 MARS4A L. 'NAGAER 0024. CCOF.TY ROAD 944. 732 031503,0 5007505. CO, 6901 ZC.:NG • RURAL GRAPHIC SCALE (91586[) I Ineh - 100 n SurvCo, Inc. RTK GPS and Conventlonel Land Surveying Services 8i8-1/2 Grand Av.nu. Part Odic. Sox 2782 Glenwood Spring., CO. 81802-2782 Phone:(970) 945-5845 Fax:(970) 945-5946 Em°r,. .4,,:4gmtn,Acm •,,.,,,:44 Inccom I . • . a - . . . . • . . , . + •-; e; 15E E .E., Ec E., - E - S-E-att eete-r, aae ,-, las re 7E. E i:ErcEE E - ! [OE,. •E. ea--; .3,25 -7,, 5 E'5:7 C-5.5aSA EE.g.E.E. .51•1,5 : ) ES 3 :3 :E E :4.dc::cad 0,0e:s• 4aa ease: neve 4as 4.3 2Z ,3,1":11 t -a e -Le eL, e• rare:. e• s eak r•e La, .2-2 3,2-4,2 E_T2 as :a 4:2'. a Et aa:et WM/ .4444 E4E E. 2.2 3,3-442 ,325._ .53'. : a•re s:z4e4 : 2,3 504'se 0•=aeD9 0.,cersed .,a•acaa.4-4e Lcaa tin. 226,3 or •-s Final Subdivision Plat OLD ORCHARD SUBDIVISION SITUATED N T -E NV./L. GF SECTION 35, TUWNSH F 5 Sou-, RANGE 90 VIES i O THE 6th F.M. COUNTY OF GARFIELD, STATE OF COLORADO 30000 l Coary Cor4,4'sec.,:a Co•cence :sm., at .4e.• ea ...e44ty a_as_:-: ta sra •32.*: aeG Ea .ca ta at an Err Err.E. EESC-rEcrE. CEE E ,ecoaa at,act'rg ^ea. , • s 44a4). 4 ). 20 --a a, ^ 70 L . 1.0404•altlr L•4.at. 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CO. 81602-2762 Ph6661(970) 645-3045 Fc.(970) 945-51646 Enid: egroteilnmal.eenn cum Certificate of Dedication and Ownership The undersigned Roc Anthony Gabossi and Marry Ann Gabossi being sole Owner(s) in fee simple of all that real property situated in Garfield County, described os follows: A tract of land being situated in the NW1/4 of Section 35, Township 5 South, Range 90 West of the 6th P.M., County of Garfield, State of Colorado, said tract of land being described by metes and bounds as follows: Beginning at a point from whence the North '/ corner of said Section 35 bears N.45'21'31"E. 855.56 feet, said North '/a corner being an iron pipe with an aluminum cap PLS No. 15710 being found in place; Thence S.26'31'06"E. 55.72 feet; Thence S.26'11'52"W. 62.99 feet; Thence 5.11'39'34"W. 51.69 feet; Thence 5.37'28'23"W. 80.15 feet; Thence S.49'48'42"W. 68.45 feet; Thence 5.22'37'14"W. 167.65 feet; Thence 5.04'15'08"E. 209.64 feet; Thence S.40'24'52"W. 63.16 feet; Thence S.23'42'17"W. 160.96 feet; Thence S.34'01'36"W. 250.32 feet; Thence S.28'03'51"E. 69.80 feet; Thence S.02'38'42"W. 276.57 feet to a point on the Northerly Right of Way Of Colorado State Highway 6; Thence along soid Northerly Right of Way the following five (5) courses: 1) Thence 358.13 feet alone the arc of a curve to the left having a radius of 2010.00 feet a central angle of 1012'31' and sub -tending a chord which bears N.72'17101"W. 357.65 feet; 2) Thence S.13'12'00"W. 50.00 feet; 3) Thence 270.72 feet along the arc of o non -tangent curve to the left having a radius of 1960.00 feet, a central angle of 07'54'49" and sub -tending a chord which bears N.81'21'35"W. 270.50 feet; 4) Thence N.85'19'00"W. 368.00 feet; 5) Thence 109.74 feet along the arc of a curve to the right having a radius of 5680.00 feet, o central angle of 01'06'25" and sub -tending a chord which bears N.84'45'48"W. 109.74 feel, Thence departing said Northerly Right of Way and clang that line os described in document recorded in Book 491 at Page 790 the following courses: Thence N.23'00'10"E. 85.51 feet; Thence N.33'41'22"E. 273.31 feet; Thence N.10'41'01"E. 126.20 feet; Thence N.18'00'46"E. 102.71 feet; Thence N.89'42'59"W. 34.78 feet; Thence N.45'44'37"E. 194.88 feet; Thence N.23'33'14"E. 128.60 feet; Thence N.37'48'14"E. 135.68 feet; Thence N.04.22'29"E. 85.53 feet; Thence S.50'44'37"E. 38.18 feet; Thence S.37'33'49"E. 59.61 feet; Thence S.35'15'19"E. 161.50 feet; Thence 5.31'52'13"E. 130.89 feet; Thence 5.26'55'22"E. 62.07 feet; Thence 5.20'42'31"E. 84.87 feet; Thence N.45'21'31"E. 1000.98 feet to the Point of Beginning. containing 20.22 acres, more or less, have caused the described real property to be surveyed, laid out, platted and subdivided into lots and blocks as shown on this Final Plot under the name and style of "OLD ORCHARD SUBDIVISION", o subdivision in the County of Gorfield. The Owners do hereby dedicate and set apart all of the streets and roods as shown on the accompanying Plat to the use of the public forever, and hereby dedicate to the Old Orchard Subdivision Homeowner's Association those portions of said real property which ore labeled as utility easements on the accompanying Plat as perpetual easements for the installation and maintenance of utilities, irrigotion and drainoge facilities including, but not limited to, electric lines, gas lines and telephone lines, together with the right to trim interfering trees and brush, with perpetual right of ingress and egress for installation and maintenance of such lines. Such easement and rights shall be utilized in a reasonable and prudent manner. All expense for street paving or improvements shall be furnished by the seller or purchaser, not by the County of Garfield. EXECUTED this day of , A.D., 20 Owner: Roc Anthony Gabossi Address: 44523 Highway 6 Glenwood Springs, CO. 81601 Owner: Mary Ann Gabossi Address: 44523 Highway 6 Glenwood Springs, CO. 81601 STATE OF COLORADO ) COUNTY OF GARFIELD ) The foregoing Certificate of Dedication and Ownership was acknowledged before me this day of , A.D., 20 by Roc Anthony Gabossi and May Ann Gabossi as individuals. My commission expires: Witness my hand and official seal. SS Notary Public Surveyor's Certificate I, Samuel D. Phelps, do hereby certify that I am a Professional Land Surveyor licensed under the laws of the State of Colorado, that this Plat is a true, correct and complete Plat of the "OLD ORCHARD SUBDIVISION, as laid out, platted, dedicated and shown hereon, thot such Plat was made from an accurate survey of said property by me, or under my supervision, and correctly shows the location and dimensions of the lots, easements and streets of "OLD ORCHARD SUBDIVISION" as the same are staked upon the ground in compliance with applicable regulations governing the subdivision of land. my hand and seal this _ day of Samuel Colorado Land Sury For and on Be urvCo, Inc. SURVEYOR'S NOTES: 1) THIS SURVEY DOES NOT REPRESENT A TITLE SEARCH BY THIS LAND SURVEYOR TO DISCOVER OWNERSHIP, EASEMENTS OF RECORD OR OTHER ENCUMBRANCES WHICH MAY AFFECT THE SUBJECT PROPERTY. 2) BEARINGS AS SHOWN HEREON ARE BASED UPON A RECORD BEARING OF 5.41'21'31"W FOR THE LINE FROM THE NORTHWEST CORNER OF LOT 1, A REBAR AND PLASTIC CAP, PLS NO. 27613 FOUND IN PLACE AND THE NORTH 1/4 CORNER OF SECTION 35, AN ALUMINUM CAP ON AN IRON PIPE, PLS NO. 15710 FOUND IN PLACE. 3) THIS PROPERTY IS SUBJECT TO MINERAL RIGHT RESERVATIONS AND RIGHTS OF WAY FOR DITCHES AND CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN PATENT RECORDED OCT. 06, 1967 IN BOOK 388 AT PAGE 311. 4) THE 20' WIDE PUBLIC SERVICE EASEMENT SHOWN HEREON IS BASED UPON AN UNRECORDED EASEMENT DOCUMENT PRESENTED TO THIS LAND SURVEYOR BY PRIOR CLIENT'S. 5) THE BOUNDARY DIMENSIONS OF THE SUBJECT PROPERTY ARE BASED UPON A MONUMENTED LAND SURVEY PREPARED BY SCARROW AND WALKER, INC. AND BEING DATED SEPT. 08, 1993. 6) DATE OF SURVEY - MARCH, 2009. NOTICE: (Per C.R.S. 13-80-105 et. seq.) ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FISRT DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. , A.E, Final Subdivision Plat OLD ORCHARD SUBDIVISION SITUATED IN THE NWI/4 OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 90 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO County Commissioners' Certificate This Plot is approved by the Board of County Commissioners of Garfield County, Colorado, this day of A.D., 20 for filing with the Clerk and Recorder of Garfield County and for conveyance to the County of the public dedications shown hereon, subject to the provision that approval in no way obligates Garfield County for the financing or construction of improvements on lands, public roods, highways or easements dedicated to the public, except as specifically agreed to by the Board of County Commissioners by separate resolution. Chairman, Board of County Commissioners Garfield County, Colorado Witness my hand and seal of the County of Gorfield. ATTEST: County Clerk Certificate of Toxes Paid I, the undersigned, do hereby certify that the entire amount of taxes and poyoble os of upon all parcels of real estate described on this Plat ore paid in full. DATED this day of , A.D., 20_ Treasurer of Garfield County and assessments due County Surveyor's Certificate Approved for content and form only and not the accurocy of surveys, calculations or drafting, pursuant to C.R.S. § 38-51-101 and 102, et seq. DATED this doy of A.D., 20 Garfield County Surveyor Title Certificate on attorney licensed to practice law in the State of Colorado, or agent authorized by a title insurance company, do hereby certify that 1. have examined the Title to all lands shown upon this Plat and that Title to such lands is vested in free and clear of all liens and encumbrances (including mortgages, deeds of trust. judgments. easements, contracts and agreements of record affecting the real property in this Plat), except as follows: DATED this day of A.D., 20. TITLE COMPANY: Agent OR Attorney Colorado Attorney Registration No. Lienholder Consent and Subordination The undersigned, being the Beneficiary under o Deed of Trust granted by the Owners upon the real property platted and divided as shown upon the within Subdivision Plat, certifies that the undersigned has reviewed the Subdivision Plat and by this certification hereby consents to said Subdivision Plat and to the recording thereof. Beneficiary further consents to said Subdivision Plat as stated in the certificate of dedication and ownership executed by the Owners hereon, and hereby subordinates any interest that Beneficiary may have in and to the property subject to such dedication, to the entity(ies) or the general public to which such dedication is made, EXECUTED this day of A.D., 20 STATE OF COLORADO ) COUNTY OF GARFIELD ) : ss Lienholder The foregoing Lienholder Consent and Subordination was acknowledged before me this day of A.D., 20 , by My commission expires: Witness my hand and official seal. Notary Public Found CDUT Conc. R -O -W Monument Eosement Holder Consent The undersigned, holding easements upon the real property which is platted and subdivided as shown on the within Final Plat, hereby certifies that it has reviewed the within Final Plot and by this certification does hereby consent to said Final Plat and to the recording thereof, and to all dedications made by and upon said Final Plat as stated in the Certification of Dedication and Ownership set forth hereon, and does hereby subordinate any interest that it may hove in and to the property subject to such dedications to the entity(ies) to which surf dedications are mode. EXECUTED this day of A.D., 20 Easement Holder STATE OF COLORA00 ) COUNTY OF GARFIELD ) The foregoing Easement Holder Consent was acknowledged before me this day of A.D., 20 by SS My commission expires: Witness my hand and official seal. Notary Public Westerly Property Line as per' Document Recorded In Book 491 at Page 790 Ingress/Egress, Drainage and Utility Easement to be created by this plat. Clerk and Recorder's Certificate This Plat was filed for record in the Office of Colorado, of _ o'clock on this 3 as 02 �e 20' ,qt o o Jand 4t 2a_ SS L43 v -•, rdJ 0 107°28'00" W WGS84 107°27'00" W Title Insurance Commitment Notes: This plot hos been prepared relying upon a title insurance commitment as issued by Land Title Guarantee Company, title insurance commitment order no.GWS63005568 and references the following title insurance commitment exceptions: Exception No. 1) This property is subject to US Patent Rights as reserved in document recorded in Book 388 at Poge 311. Exception No. 2) This property is subject to a Right of Woy for ditches and conals constructed by the authority of the United States as reserved in document recorded in Book 388 at Poge 311. Exception No. 3) Does not affect the subject property. i Exception No. 4) Plotted and shown hereon. Exception No. 5) This property is subject to the Terms, Conditions and Provisions of g Resolution No. 2002-84 as recorded in Book 1387 at Page 114. Exception No. 6) Plotted and shown hereon. rte o Exception No. 7) This property is subject to Easements, Rights of Way and other ii matters as shown on the Exemption Plat recorded under Reception No. 610839 and the Amended Exemption Plot thereof as recorded under Reception No. 620584. Exception No. 8) This property is subject to the Terms, Conditions and Provisions of Permit as recorded under Reception No. 770883. Exception No. 9) This property is subject to the Terms, Conditions and Provisions of Resolution No. 2005-73 as recorded as recorded under Reception No. 683629. Exception No. 10) Plotted and shown hereon. TN -J 107°213'00" W WG5•84 107°27'00'1v/ 0 S t Mill 8 ma CFR 4 5f4 t.§tX#a M:fTf1iS Printed ham TORO! ®M7 WYi illearerPmductions (nemtopecam) Vicinity Map I " = 2000 14/ W �b t%2� N \\ �'�it.• Jr 3N L33 \ 0 1� ,p. v le"/ �L45 .- N� s0 \ ti 6 / Location t V' < lv. �� \ �m A/` ca • deck C N.-�1 Bowles Well *2 ,.s 2�2 •�A d2 CA a ins' Permit No. 68856-F \s re" tab, al \ �i2PLot 3���� <�\ 2.393 Ac. o`?% a'o. N A Waterline, Well A/bit: �< � Utility Easernent`�o� f' / / • \\Ca� Nom\ 9'46_36'W Op \ 589°46'36'W moo � 2� C 190.68' o 89'46'36'W 229.83' 71.2T - L2 -1 7L2\ /S L 35 deck o a o 0 New ABU <^ 3? oca ion Centerline of •a Easement (typ) 7 co �N_ S40°12'38'E 199.28' Rea= 5500' Vim! Lot r 0 / Irrigation Ditch 2.286 Ac. , • rb Outline of' 2 • 1, Building Envelope (typical)�� , W L_S89 119.67' zap°21'22'WW • ti 0 0 • cnCJ oOD .m -n-4 to S89°21'22' W // 4-47-� 10' Public Sery Co Easement, Rec. No. /// / ;� ry 77259, Title Exc. / [ P 2 Na 10 /'Zb �°j rn rt m 1/4 Ingress/Egress, Drainage re and Utility Easement to be created by this pia t. the 77, C3 S85'19'00'E 205.20' Clerk and Recorder of Garfield County, day of 20 is duly recorded as Reception No 0 0 0 145.47' c S89°21'22'W oo 145.84' Set Witness 5.89'21 22 W. S85 °19'00'E 262.80' 163.97 S00.38'38'E Shed 53.34' Cor. 0.50' Ij Tie: (To CL) L25 Cisterns 20' Wide Vett and Waterline Easement Cellar LI Main House Tie L36 Existing ❑vhd.' Utility Line(s) Centerline aF 20' Public Service Company Easement Book 1154, Page 989, Rec. No, 553558 Title Exception No. 4 5' Public Serv. Co. Easement Book 1376, Page 135 Rec. No. 608465, Title Except. No. 6 C4=7°54'49' R=1 96 L=270. CB=N81 '21 72 Ch=270,50 COLORADO Driveway r- 15.00' f Lot i 12.343 ,.c. Bowles Well *t ® Permit No. 52966 OBarn 15.00' 30.00 r 30' Emergency Serves Access Easement L48 STATE Countv Reauired Plat Note: There shall be on automatic fire suppression. system installed in all new residences, including AOU's, constructed in the Old Orchard Subdivision. The systems shall be designed to NFPA 130 or NFPA 13R standards. The flow and control valves, on the systems, shall be monitored by a fire alarm system that is monitored by an independent UL Listed Central Stotion monitoring company. County Required Plat Note Additional residential building development on Lot 1 shall not be permitted until additional drainage/debris flow analysis has been concluded. Additional residential development may be permitted r N Drainage 12 Cet ( Easemet �. S CB -N7 L2 31 R_ (L 217.o1S$ 132'010. 00\ Ch,3S • 6.5- S TA TE S No 0 6 0 Land Use Summary. Single Family Residential Lot No. Lot 1 Lot 2 Lot 3 Lot 4 Sauore Feet 537,661 99,578 104,231 139.304 Total: 880,774 Existing Zoning - Rural (Minimum Lot Size - 2.0 Acres) Number of Off-street Parking Per Lot = 4 Spaces Building Envelope Areas Lot 2 = 1.2006 Acres Lot 3 = 1.0348 Acres Lot 4 = 1.1350 Acres tn ti ti o 0 ti GRAPH; SCALE rj 0 fj Acres 12.343 2.286 2.393 3.198 20.220 q 0 1) North 1/4 Corner of' Section 35, Found 2' Iron Pipe and Alum. Cop, PLS 15710. I Point of Beginning LINE TABLE LINE LENGTH BEARING LI 55.72 N26°31'06'W L2 62.99 N26'11'52'E 13 51.69 N71'39'34'E L4 80.15 N37'28'23'E 15 68.45 N49°48'42'E L6 63.16 N40°24'52'E L7 69.80 N28°03'51'11 18 50.00 N13°12'00'E L9 85.51 S23'00'l0'W 110 44.25 518'00'46'W L11 34.78 N89'42'59'W 112 85.53 SO4'22'291W 113 38.18 S50'44137'E 114 59.61 537°33'49'E 115 65.07 N31°52'13'1./ L16 65.82 N31°52'13'W 117 62.07 N26'55'22'4/ 118 84.87 N20'42'31'W L26 64.99 N27°45'58'W L27 53.56 N34°38'24'11 L28 55.24 N27°10'59'W L29 62.19 N32'34'16'W L30 103.13 N34'19'44'1.1 L31 54,84 N36°06'00'W L32 45.40 N26°45'22'W L33 50.08 574'34'10'W L34 11.72 S44'08'30'W 135 90.67 588'06'21' W L39 26.85 N04°59'27'E L40 31.52 N39'01'52'E L41 64.27 N26'59'09'E L42 28.96 N14'06'05'E L43 61.63 S87°00'43'W L44 6.98 N40'43'07'E L45 97.28 N88'06'21'E 146 12.38 N44'08'30'E L47 30.51 N74°34'10'E L49 51.07 S07'08'l0'E 150 52.36 S10'541011E 151 80.34 S00'00'17'W L52 70.09 S02'13'56'E Tie, L25 16.35 N26'02'11"E Tie: L36 20.13 NO3'4439'W Tie: L37 50.11 N67.46'13'[ Tie: 138 31.62 N19'04'44'W Tie+ L48 249.52 S78°00'34'E County Required Plat Notes: 1) No open hearth solid -fuel fireplaces will be allowed anywhere within the subdivision. One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401 et. seq. and the regulation promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. 2) All exterior lighting shall be the minimum amount necessary and that all exterior lighting shall be directed inward, towords the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 3) Foundations and individual sewage disposal systems shall be engineered by a Professional Engineer licensed within the State of Colorado. 3) Colorado is a "Right to Farm" state pursuant to C.R.S. 35-3-101 et. seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations os a normal and necessary aspect of living in a County with a strong rural character and a heolthy ranching sector. All must be prepared to encounter noises, odor, lights, mud, dust, smoke, chemicols, machinery on public roods, storage and disposal of manure and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides, any one or more of which may naturally occur as a part of a legal and non -negligent agricultural operation. 4) All owers of land, whether ranch or residence, have an obligation under State Low and County Regulations with regard to the maintenance of fences and irrigation ditches, control of weeds, keeping livestock and pets under control, use of property in accordance with zoning regulation and any other aspect of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such informotion is o "Guide to Rural Living and Small Scale Agriculture" put out by the Colorado State University Extension Office in Gorfield County. CURVE TABLE CURVE LENGTH RADIUS Cent. Ang. Ch. Erg. Ch. Dist. C3 109.74' 5680.00' 1°06'25' 584°45'48'E 109.74' C4 24.69' 50.00' 28'17'31' S19417'16'W 24.44' 05 138.99' 80.00' 99'32'30' NII°21124t 122.15' C6 100.65' 80.00' 45'51'26' 545'51'26'E 94.14' Su rvCn In THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND iftte %�j�/yy RECORDER OF GARFIELD COUNTY AT O'CLOCK M., 'nt Colo 'OTrans r t R -o -W 4201 . Arkansas por La tion ep ON THE DAY OF , A.D. 20___ AND IS DULY RECORDED Denve cO 80222 IN BOOK , PAGE ATTEST: 39°35'00" N L 0 0 M 107°28'00" W WGS84 107°27'00" W TN 1I11' D,i rC t 107°28'00" W Wf3S84 107027100" W 0 S E 3.10E 0 EOC63FET 0 E40 Iti31IMFTtRS Panted Ilam TUFO! 02000 tx/iidtlower Productions (' nvw.topo.com) Vicinity Map 1" = 2000' 2123-352-00-059 US Bank National Association Williams No. 2 P.O. Box 64142 ST. Paul, MN. 55164-9366 Grantee: Lot 1 Drainage Easement along West boundary (width varies) 39°35'CO" N 39°34'00" N 5660 4 5665 . Preliminary Plan Lots 1 through 4 Old Orchard Subdivision SITUATED IN THE NWI/4 OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 90 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO LAND USE SUMMARY SINGLE FAMILY RESIDENTIAL LOT N0. Lor 1 Lor 2 LOT 3 LOT 4 SQUARE FEET ACRES 537,661 12.343 99,578 2.286 104,239 2.393 139,305 3.198 TOTAL: 880,783 20.220 EXISTING ZONING - RURAL (MINIMUM LOT SIZE - 2.0 ACRES) NUMBER OF OFF-STREET PARKING PER LOT - 4 SPACES BUILDING ENVELOPE AREAS LOT 2 = 1.2006 ACRES LOT 3 = 1.0348 ACRES LOT 4 = 1.1350 ACRES 5700 2123-352-00-059 US Bank National Association Williams No. 2 PA. Box 64142 ST, Paul, MN, 55164-9366 571 DEDICATION North 1/4 Conner of Section 35. Found 2' Iron Pipe and Alum. Cap, PLS 15710. KNOW ALL MEN BY THESE PRESENTS: THAT THE UNDERSIGNED ROC ANTHONY GABOSSI AND MARY ANN GABOSSI, ARE THE OWNERS OF THAT REAL PROPERTY SITUATED IN THE COUNTY OF GARFIELD, STATE OF COLORADO BEING A PART OF THE NW1/4, SECTION 35TOWNSHIP 5 SOUTH, RANGE 90 WEST OF THE 6TH P.M., AS SHIWAI ani rur Arrnmonn:vTnir SAID REAL PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: .2 Grantee: Lot I 10' Irrigation Ditch Lateral Easement(s) Irrigation Ditch o• .;°%� Lot 3 .2 c 2 4441, 2.39-3 Ac. ah d¢ee / :. A°` t ay2U' Waterline, Weld �a <V And Utility Easerrnt 56 589'46_36 .W_ 78.E01_4 570 715 5645 • 5640 Ingress/Egress, Drainage and Utility Easement (Prop. Line to Fence) Grantee: Lots 1-4 5625 5630 .Z2 ti J 5635 erg', 7 ( 'r b54)4?.?,oCfr- � a' L (irks Ov C �Q (-4a Cro0 V0Cs b rantee: Public Service Co. Existing Ovhd.' Utility Line(s) Centerline of 20' Wide Unrecorded Easement Executed Sept. 27, 1999, PSCO Document No. 165127 ti 5620 U WQ ce CLERK AND RECORDER'S CERTIFICATE 5625 Union Pbaoiri1700 0 um St, R'-p_w Omaha, NE. WT 10 S 68102 563 5715 2123-352-00-187 Roc Anthony and Mary Ann Gabossi 44523 Highway 6 and 24 Glenwood Springs, CO. 81601 Colo. Stats Hwy. No. 6 Fi-O-W Colorado Dept. of Transportation 4201 E. Arkansas Denver, CO. 40 80222 op , RECEPTION NO. CLERK AND RECORDER GRAPHIC SCALE (Dit'E1) 1 inch = 100 tt (1') /AAnrrh /9(1(1Q County Required Plat Note: There shall be an automatic fire suppression system installed in all new residences, including ADU's, constru=ted in the Old Orchard Subdivision. The systems shall be designed to NFPA 1313 or NFPA 13R standards. The flow and control valves, on the systems, shall be monitored by a Fire alarm system that Is monitored by an independant UL Listed Central Station monitoring company. County Required Plot Note itririitinnnl rocinlontinl h„il Nlr.n Novolnn,n o..+ ,..,. 1 ..+ 1 rL.,." ....+ 700 LEGAL DESCRIPTION BEGINNING AT A POINT FROM WHICH THE NORTH 1/4 CORNER OF SAID SECTION 35 BEARS N.45'21'31'E. 855.56 FEET, SAID NORTH 1/4 CORNER BEING A IRON PIPE WITH AN ALUMINUM CAP, PLS NO. 15710; THENCE S.26'31'06'E. 55,72 FEET; THENCE S.26'11'52'W. 62.99 FEET; THENCE S.11'39'34'W. 51.69 FEET; THENCE S.37.28'23'W. 80.15 FEET; THENCE S49.48'42'W. 68.45 FEET; THENCE S.22'37'14'W. 167.65 FEET; THENCE S.04.15'08'E. 209,64 FEET; THENCE S.40'24'52'W. 63.16 FEET; THENCE S,23'42'17'W, 160.96 FEET; THENCE S.34°01'36'W, 250.32 FEET; THENCE S.28°03'51'E. 69.80 FEET; THENCE S.02'38'42'W. 276.57 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF STATE HIGHWAY 6 AND 24; THENCE ALONG SAID RIGHT OF WAY THE FOLLOWING 5 COURSES: 1) THENCE 358.13 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 2010.00 FEET, A CENTRAL ANGLE OF 10'12'31' AND SUB- TENDING A CHORD WHICH BEARS N.72'17'01'W. 357.65 FEET; 2) THENCE S.13'12'00'W. 50.00 FEET; 3) THENCE 270.72 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1960.00 FEET, A CENTRAL ANGLE OF 07'54'49' AND SUB -TENDING A CHORD WHICH BEARS N.81'21'35'W. 270.50 FEET; 4) THENCE N.85'19'00'W. 368.00 FEET; 5) THENCE 109.74 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 5680.00 FEET, A CENTRAL ANGLE OF 01'06'25' AND SUB- TENDING A CHORD WHICH BEARS N.84'45'48'W.109.74 FEET; THENCE DEPARTING SAID RIGHT OF WAY N.23'00'10'E. 85.51 FEET; THENCE N.33'41'22'E. 273.31 FEET; THENCE N.10'41'01'E. 126.20 FEET; THENCE N.18'00'46'E. 102.71 FEET; THENCE S.79.05'06'E. 44.25 FEET; THENCE N.87.14'08'E. 373.76 FEET; THENCE S.83'55'42'E. 116.11 FEET; THENCE N.45.21'31'E. 1000.98 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 20.220 ACRES, MORE OR LESS. ALSO KNOWN AS LOT 1, GABOSSI SUBDIVISION EXEMPTION ACCORDING TO THE PLAT THEREOF AS FILED FOR RECORD UNDER RECEPTION NO. 620584. THAT SAID OWNER HAS CAUSED THE SAID REAL PROPERTY TO BE LAID OUT AND SURVEYED AS THE FINAL PL•T OF THE 'OLD ORCHARD SUBDIVISION', A SUBDIVISION OF A PART OF GARFIELD COUNTY, COLORADO. THAT 54113 OWNERCS) DOES HEREBY DEDICATE AND SET APART ALL OF THE STREETS AND ROADS AS SHOWN ON THE ACCOMPANYING PLAT TO THE USE OF THE PUBLIC FOREVER, AND HERESY^'.7 Ty THE ruzLic UTILITIES THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED AS UTILITYEASEMENTSON THE ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES, IRRIGATION AND DRAINAGE FACILITIES, INCLUDING BUT NOT LIMITED TO ELECTRIC LINES, GAS LINES, TELEPHINE LINES; TOGETHER WITH THE RIGHT TO TRIM INTERFERING TREES AND BRUSH; WITH PERPETUAL RIGHTS OF INGRESS AND EGRESS FOR THE INSTALLATION AND MAINTENANCE OF SUCH LINES. SUCH EASEMENTS AND RIGHTS SHALL BE UTILIZED IN A REASONABLE AND PRUDENT MANNER. THAT ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THE SELLER DR PURCHASER, NOT BY THE COUNTY OF GARFIELD. IN WITNESS WHEREOF SAID OWNER 14115 CURSED HIS NAME TO BE HEREUNTO SUBSCRIBED THIS DAY OF , A.D., 2010. BY ROC ANTHONY GABOSSI AND MARY ANN 6480551 AS INDIVIDUALS. ROC ANTHONY 648055I MARY ANN 648055I STATE OF COLORADO) S.S. COUNTY OF GARFIELD) THE FOREGOING DEDICATION WAS ACKNOWLEDGED BEFORE ME THIS DAY OF ROC ANTHONY GABOSSI AND MARY ANN GABOSSI AS INDIVIDUALS. WITNESS MY HAND AND SEAL: NOTARY PUBLIC MY COMMISSION EXPIRES: , A.D., 2010 BY LIEN HOLDER'S CERTIFICATE THE UNDERSIGNED, BEING THE BENEFICIARY OF A DEED OF TRUST UPON THE REAL PROPERTY WHICH IS PLATTED AND SUBDIVIDED AS SHOWN UPON THIS PLAT, DOES HEREBY CERTIFY THAT IT HAS REVIEWED THIS PLAT AND BY THIS CERTIFICATION DOES HEREBY CONSENT TO SAID SUBDIVISION AND TO THE RECORDING THEREOF AND TO ALL DEDICATIONS MADE BY AND UPON THIS PLAT AS STATED IN THE CERTIFICATION OF DEDICATION AND OWNERSHIP AND DOES HEREBY SUBORDINATE ANY INTEREST IN AND TO THE PROPERTY SUBJECT TO SUCH DEDICATIONS TO THE ENTITIES TO WHICH SUCH DEDICATIONS ARE MADE. DATED THIS DAY OF WELLS FARGO HOME MORTGAGE, INC. 20 BY: TITLE: THE FOREGOING DEDICATION WAS ACKNOWLEDGED BEFORE ME THIS DAY OF ,A.D. 20 BY MY COMMISSION EXPIRES WITNESS MY HAND AND SEAL NOTARY PUBLIC BOARD GF COUNTY COMMI 'I NER'c CERrlc rrA rc 11415 PLAT, APPROVED 8Y THE BOARD OF COUNTY COMMISIONERS OF GARFIELD COUNTY, COLORADO THIS DAY OF A.D. 20I0 FOR FILING WITH THE CLERK AND RECORDER OF GARFIELD COUNTY AND CONVEYANCE TO THE COUNTY OF THE PUBLIC DEDICATIONS SHOWN HEREON, SUBJECT TO THE PROVISION THAT APPROVAL IN NO WAY OBLIGATES GARFIELD COUNTY FOR THE FINANCING OR CONSTRUCTING OF IMPROVEMENTS ON LANDS, PUBLIC HIGHWAYS OR EASEMENTS DEDICATED TO THE PUBLIC EXCEPT AS SPECIFICALLY AGREED TO BY THE BOARD OF COUNTY COMMISSIONERS AND FURTHER THAT SAID APPROVAL SHALL IN NO WAY OBLIGATE GARFIELD COUNTY FOR THE CONSTRUCTION, REPAIR OR MAINTENANCE OF PUBLIC HIGHWAYS. BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO BY: CHAIRMAN so ect WITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD. ATTEST: COUNTY CLERK SURVEYOR'S_ CERTIFICATION: 1, SAMUEL D. PHELPS, DO HEREBY STATE THAT I AM A LICENSED LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT OF THE 'OLD ORCHARD SUBDIVISION' AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME AND UNDER MY SUPERVISION AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS, AND STREETS OF SAID SUBDIVISION AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND. IN WITNESS WHEREOF, I HAVE SET MY HAND AND SEAL THIS DAY OF , 2010. SAMUEL D. PHELPS COLORADO LICENSED LAND SURVEYOR NO. 27613 FOR AND ON BEHALF OF SURVCD, INC. SURVEYOR'S NOTES: 1) THIS SURVEY DOES NOT REPRESENT A TITLE SEARCH BY THIS LAND SURVEYOR TO DISCOVER OWNERSHIP, EASEMENTS OF RECORD OR OTHER ENCUMBRANCES WHICH MAY AFFECT THE SUBJECT PROPERTY. NO TITLE INSURANCE COMMITMENT HAS BEEN MADE AVAILABLE TO COMPLETE THIS SURVEY, 2) BEARINGS AS SHOWN HEREON ARE BASED UPON A RECORD BEARING OF S.41'21'31'W FOR THE LINE FROM THE NORTHWEST CORNER OF LOT I, A REBAR AND PLASTIC CAP, PLS NO. 27613 FOUND IN PLACE AND THE NORTH 1/4 CORNER OF SECTION 35, AN ALUMINUM CAP ON AN IRON PIPE, PLS NO 15710 FOUND IN PLACE. 3) THIS PROPERTY IS SUBJECT TO MINERAL RIGHT RESERVATIONS AND RIGHTS OF WAY FOR DITCHES AND CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN PATENT RECORDED OCT. 06, 1967 IN BOOK 388 AT PAGE 311. 4) THE 20' WIDE PUBLIC SERVICE EASEMENT SHOWN HEREON 1S BASED UPON AN UNRECORDED EASEMENT DOCUMENT PRESENTED TO THIS LAND SURVEYOR BY PRIOR CLIENT'S. 5) THE BOUNDARY DIMENSIONS OF THE SUBJECT PROPERTY ARE BASED UPON A MONUMENTED LAND SURVEY PREPARED BY SCARROW AND WALKER, INC. AND BEING DATED SEPT. 08, 1993, 6) DATE OF SURVEY - MARCH, 2009. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FISRT DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. COUNTY SURVEYOR'S CERTIFICATE APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS OR DRAFTING. PURSUANT TO C.R.S. 1973, 38-51-101 AND 102 (REVISED). • GARFIELD COUNTY SURVEYOR DATE: ATTORNEY'S CERTIFICATE I• , AN ATTORNEY LICENSED TV PRACTICE LAW IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT ALL DEDICATIONS TO THE PUBLIC, AS DESCRIBED AN THIS FINAL PLAT ARE FREE AND CLEAR OF ANY LIENS, CLAIMS OR ENCUMBRANCES OF RECORD AND FURTHER THAT THIS SUBDIVISION IS IN SUBSTANTIAL COMPLIANCE WITH THE GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2002. ATTORNEY DATE: LINE TABLE Contour Interval is 5.0' Vertical and is as digitized From the USGS Quad map of the subject property except For lots 2-4 which is based upon Field survey 0 Indicates Rebar W/Plastic Cap, PLS No. 27613 (Typical all corners unless otherwise noted.) LINE LENGTH BEARING LI 55.72 N26'31'06'W L2 62.99 N26'1I'52'E L3 51.69 N11'39'34'E L4 80.15 N37°28'23'E L5 68.45 N49'48'42'E L6 63.16 N40.24'52'E OWNER: ROCKY AND MARY GABOSSI 44523 HIGHWAY 6 GLENWOOD SPRINGS, CO. 81601 (970) 945-9673 L7 69.80 N28.03'51'W L8 50.00 N1312'00'E L9 85.51 S23.00'10'W L10 44.21 SI7'51'17'W L11 N89.38'18'W L12 85.53 85.53 SO4.22'29'W L13 38.18 S50.44'37'E L14 59.61 S37.33'49'E L15 65.07 N31'52'13'W PLANNER: JOHN L. TAUFER AND ASSOCIATES, INC. P.O. Box 2271 GLENW00D SPRINGS, CO. 81602-2271 (970) 945-1337 PHONE (970) 945-7914 FAX L16 65.82 N31.52'13'W L17 62.07 N26'55'22'W L18 84.87 N20.42'31'W L20 122.81 N87°08'13'W L21 105.63 S44.14'45'1/ L22 59.65 N89.46'36'E L24 2327 S30'31'21'W L26 64.99 N27'45'58'W L27 53.56 N34 °38'24' W i ENGINEER: SGM, INC. 118 W. 6TH STREET, SUITE 200 GLENW00D SPRINGS, CO. 81601 PHONE: (970) 945-1004 L28 55.24 N27.10'59'W L29 62.19 N32'34'16'W L30 103.13 N34.19'44'W L31 54.84 N36.06'00'w L32 45.40 N26.45'22'W L33 50.08 S74'34'10'W L34 11.72 S44'08'30'W L35 90.67 S88'06'21'W L39 26.67 N04'59'27'E SURVEYOR: SurvCo, Inc. L40 31.52 N39'01'52'E L41 64.27 N26'59'09'E - - . \ \24,C- -r- n in°' opt Y- of• inv. • 6'13.42\ s8 el CI m��•[l 70 a? p A •. o \mo p70C u# HE ,n ,0/HE - ±a' /HE� T O0 W : • G -n 0 ..: -+tr ra=• mjoF cCO 17i3-0- .4p z t. 111) Z[i•T /He ............. CURVE TABLE CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA Cl 100.00 42.53 21.59 4221 S1719.36"W 2422'10" C2 200.00 18.80 9.40 18.79 N26'49'081- 523'04" BENCHMARK- TOP OF REB4R w/PLASTIC CAP, PLS NO. 27613 EL -5637.15 tit N 11227.06 E 10102.45 sr • • /.)4E He INSTALL 570.LE SILT FENCE ULDEIA 5° � h yam® , FE'NCF ..% a :0 4 3 TYPICALi GRAVEL DRNEWAY 5630 /HE /HE . /HE ..................INSTAL(,- 570 L.F..'-.. SILT FENCE/EROSION LOGS ........ SF ..._ N xA x 2) NO PARKING SIGN • LDER x 1R1Z/GATION LATERAL EXISTING FtNCE x 2' SHOULOE INGRESS/EGRESS & UT/L/TY EAT/WENT \ V2' \ i •••• 61 R: \ \ X1 _\ rrt r 5650 5640 5630 5620 co h ................................ 0 20 0 GRAPHIC SCALE 20 • 40 so ( IN FEEL 1 inch = 20 ft. LOW POINT ELEV = 5622.07 LOW PO/NT STA = 0+34.02 PV/ STA = 0+47.91 PV/ ELEV = 5621.68 A.D. = 9.00 K = 5.56 SVCS• 0+22.91 -2.009' DATUM ELEV 5610.00 m h co 93 C so h PVI STA = 1+71.22 PW ELEV = 5630.31 A.D. = -3.00 K=3X33 50:00` vC ce 1.38 OF PAVING to ci 18" CMP XING STA 0+33.65 INV EL- 5619. 19 rn Q E 5623.43 BVCE:....5626.8.1 100.00' VC ................. EX/ST/NG CENTERLINE ELEVATION RN/SHED CENTERLINE ELEVATION SCALE. ; = 20' HORZ. " = 5' VERT . .................... .......... ...................... ............................. 1RRIGATEO- N LATERAL 12x25' EMERGENCY SERVICES BUMP OUT. RELOCATE EXISTING FENCE & IRRIGATION LATERAL STA.3+66.95, V/S 22.00"R 4- APPROXIMATE FIN/SHED GRADE ............................. ... .... ......................... ....................... 0) Oi ecri BICE.• 5638.66 EXIST/NG'...GRAOE cp a APPROX. LOCATION EXISTING IRRIGATION•: LATERAL Lot 4 3.1::-98 Ac. ........................... 7 0 650= .. LSEPLINE fo ?".01:324 OF .'C, .P v--:...:(4 ° 0 I�z �IS 3 - Nt- h 5640 14 100.00' vc PV/ ST,A = 4+29.90 PV/ ELEV = 5640.66 A.D. = 3.00 K= 33.33 N - h co h h N h •v h to h 0 h of co h tO h N- Pn in h Ns - co h h CO CO CO N to to Pn h co rned co co h ..................... 5630 ................... 5620 EX/ST/NG CENTERL/NE ELEVATION RN/SHED CENTERL/NE ELEVATION 0+00 0+50 1+00 1+50 2+00 2+50 3+00 NUM - 3+50 4+00 O 93 h Nt- h co to Pn tO h h N- co h tO h io 0 h h 4+50 5+00 5+50 6+00 4 e e 4 ......... I 11:22am Plotted: Fri, 26 Feb 2010 1:54pm rmitt ad Orchard Sub\CABOSSI DRIVE PP.dwg Saved: Man, 01 Feb 2010 OLD ORCHARD DRIVEWAY PROFILE CONTINUED *SR N N LO " : I rZ1 (N 75. op ' VC H/GH POINT HIGH POINT PVI STA PVI ELEV A.D. 0 ti) EVCS: 6+6137 &EV = 55530 STA = 6+46 = 6+25.87 = 5654.38 = -9.00 = 70 BEGIN CULDESAC EVCE: 565363 STA 6+98.03 EL -5652.94 200z FINIS4D GRADE EXISTING GRADE 11 = 20' HORZ. , SCALE: - 5 VERT END CULDESAC: 5650 CO CS tr) 14.1 co 1/4.5640 5630 5620 EX/ST/NG CENTERLINE ELEVATION FINISHEDCENTERLINE ELEVATION oi CiIn 'I- N icVnp) RADIUS 0 N 0) <3- N 0) P Nv or No N• V) cb kn +- ,c VcVo)) 0 N• <L‘Oc) V) CO CVcVoS)) 5650.90 5650.5 6+ 00 MI 6+50 7+00 20' •1 7+50 8+00 0/HE x LEGEND ca)1177LITY POLE SF G,E E x (XIS/INC GROUND SIGN PROPOSED GROUND SIGN BURIED PHONE MARKER GUY WIRE FLARED END SECTION BOULDER/ROCK PROPERTY CAP ELECTRIC TRANSFORMER OVERHEAD ELECTRIC UNE TELEPHONE UNE FENCEZINE SILT FENCE GAS/ELECTRIC LINES GAS LINE ELECTRIC LINE 2' 8' 8' 2' Sm. 5X 6" CLASS 6 AGGREGATE BASE COARSE 3X 5 Sz 15.1:1;•/ • • .. .••• • ; )` • :.7 y "' "."-k- dr" •••-• UNDISTURBED NATURAL GROUND 5" CLASS 6 AGGREGATE BASE COARSE 12' CLASS 2 EASE COARSE MIRAFI 500X FABRIC TYP. DRIVEWAY CROSS-SECTION NOT R9 SCALE 12' 2% Zr UNDISTURBED NATURAL 'M/RAR 500X FABRIC _12. CLASS 2 GROUND BASE COARSE TYP. APPLE ORCHARD ACCESS CROSS-SECTION NOT TO SCALE VALUE ENGINEERING MAY RESULT IN ALTERNATE SECTIONS US/NG GEOGRIO. 5650 5640 5630 DATUM ELEV 562500 OiN- ORCHARD ACCESS PROF/LE • 20 5655 . .. • .- • / .•' ."• • ...... 24" C ..• • -•• ...... / INSTALL 24" CMP VI/ FES ON ourcer INV IN -5650.5 STA 6+28.19 0/5 11711 INV OUT -564k50 ST4 6+13.55 0/5 12.70R Lot 3 293 Ac. ••••-..... STA '4,4607 0/S 40.85Z ,e ......... Xx .X.--, ........ ... EXISTING FENCE (ro REA4AIN) ............ .. ......... 5655 PC = 6+98.03 ...................................... IRRIGATION LATERAL (TO REMAIN) 565 2 f ••51/01111 2>i "........ x .... ........... ............... ... ......... N8.9"461,36T a 52:6"S NO PN?K7NC TYPICAL GRAVEL DRIVEWAY / ...... // •• ........... • .52,89 ..... ........... 52.8, ...... •.• .......... • = 7E23:56 ........... x ......................... .... .... ............. / ...................... ....... ,q655 ... .......... ................. \LATERAL (TO REA-IIAIN) ...... ........ • ........... • • t j8 SLEEVES FOR FUTURE UTILIRES . • ••• STA 6+48.21 (E) STA 6+50.35..0') • r • .......... 5652 7... . 4/6". 51.51 ............... ....... ••• 0 10 GRAPHIC SCALE 20 40 ..• ._.••• • 80 ( IN FEET ) 1 inch = 20 ft. CURVE TABLE CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA C3 50.00 5729 32.25 54.21 5561.57106"W 65'38'59" C4 50.00 25.33 12.94 25.06 N75'42'3614/ 29'0136" ........ .. \ .. .• • • N PV/ STA = 1 +65.57 PVI ELEV = 5640.20 A.D. = 4.00 K = 25.00 Oat, - 20' HORZ. SCALE: = 5' VERT BVCE,' 564320 100.00' VC Os- EXIST/Ng 'CND( FINISHED GRADE EX/ST/M CENTERLINE ELEVATION FIN/SED CENTERL/NE ELEVATION 5650 5640 EL- 5638.86 15630 p.1 CS In CO cr)h N Nt. co in 40 . CO * ta tr) N. CIS Cl- ''' rn N (43 I N.0 113 ..4- gib 5645.63 5644.1 :1 2 N: 43 fri Nt• CO N co N Nt- ...: CO ;i: tr) s) ci (1) I17) 0 ci .TI- Lc) (41 oi NI in cri in in 5639.01 563&9 0+00 0+50 1+00 1+50 2+00 / ............. ,‘• .......... N 11371.81 ......... E '10419.56 50.20 .............. 55850 ............ -540389.04 ................. ......... ............ 5&03 48.1510'c ........ ............... ... Lot 4 3.198 Ac. .................................... ............ ................. - .. 1 ................. Q1 (f) Is / ..... 4›-- ..... ......... ox .. / ...... ° ........ ............. ............. .............. ............ • . ... ......... ........................ ............... ......... •• • .............. . 2.286 Ac. ..... ........ ...... • • • ..... •• • ........................ Lot 2 ............ .................... ............. • 1 /HE 2 .................. • • ........ .............. • .......... ••• .. ... .............. ....... ....... ..w. .. - .... N321-11°12 .2:72 E 10391.65 1.:\2009\2009-JJ6.007 Old Orchard Sub\GABOSSI DRIVE PP.dwq Saved: Mon, 01 Feb 2070 17:22am Plotted.• Fri, 26 Feb 2010 7:54pm OLD ORCHARD DRIVEWAY PROFILE CONTINUED kZ N coo coin in 75.00VC HIGH POINT 0h BEGIN CULDESAC STA 6+95.03 EL -5652.94 - - - -2.009,• FINISHED GRADE EVCS: 6+63.37 ELEV = 5653.80 EVCE.• 5653.63 EX STING GRADE HIGH POINT PV/ STA PV/ ELEV A.D. /< STA = 6+4670 = 6+25.87 = 5654.38 = -9.00 = 8.33 SCALE 1: = 20' HORZ. 1 ' - 5 VERT. 0 O h N ro 5640 5650 5630 EXIST/NG CENTERLINE ELEVATION FINISHED CENTERL/NE ELEVATION O U I` ^ 4) .�O 4) 1\ tnin h CHORD lO O Cr) h i O in r • h O O . h OO Ni h coA cS 5650.90 5650.5 6+00 6+50 7+00 7+50 8+00 620 0/HE LEGEND 91) UTILITY POLE SF C'E G E x EXISTING GROUND SIGN PROPOSED GROUND SIGN BURIED PHONE MARKER GUY WIRE FLARED END SECTION BOULDER/ROCK PROPERTY CAP ELECTR/C TRANSFORMER OVERHEAD ELECTRIC LINE TELEPHONE UNE FENCELINC SILT FENCE CAS/ELECTRIC LIMES CAS LINE ELECTRIC [INE 20' 2' 8' 8' 2' UNDISTURBED NATURAL 1 GROUND 6" CLASS 6 AGGREGATE BASE COARSE 6" CLASS 6 AGGREGATE BASE COARSE 32 3" A 12" CLASS 2 BASE COARSE M/RAF/ 500X FABR/C TYP. DRIVEWAY CROSS-SECT/ON NOT TO SCALE 12' Q UNDISTURBED NATURAL GROUND TYP. APPLE ORCHARD ACCESS CROSS-SECTION NOT 70 SCALE 2% 3'1 J MIRAFI 500X FABRIC 12" CLASS 2 BASE COARSE 52 * VALUE ENGINEERING MAY RESULT IN ALTERNATE SECTIONS USING GEOGRID. PRELIMINARY NOT FOR CONSTRUCTION SCHMUESER GORDON 1 MEYER ENGINEERS 1 SURVEYORS 5650 ORCHARD ACCESS PROFILE 0 'o h a n 20 5655 ....... INSTALL 24" CMP w/ FES ON OUTLET /NV 1N-5650.5 STA 6#28.19 0/5 13.71Z /NV OUT -5649.60 STA 614.13.55 0/5 12.70R • • 24•" C L Lot 3 2.393 Ac. srAit r5.o7 O/S 40.852 G £ G .......... EXISTING FENCE (TO REMAIN) ........ 5655 • PC = 6+98.03 ........................ IRRIGATION LAT ERAL REMAIN) 5654- 2' SNCULDE E x� £- X ...... .................... / / / / / _ C"",..IRRIGATION/ LATERAL (TO REMIAIN) TYP/CAL GRAVEL DRIVEWAY ^+ - Csr pr = 7+23.36 -. X655 / 528 �\ 1 x • NO PARKING 5652 4 � � Z••.lT� AC, '3eFC � S 9 /Ar T xa>s -4 ITo e �� s� N GRAPHIC SCALE 0 10 20 40 2-8" SLEEVES FOR FUTURE UTIL/J ES STA 6+48.21 (E) STA 6+50.35. (G) /115,1 r\ 5�P 1x6 ift- `9sc> I 1.4 51.51 69 I 50.20 N 11355.01 E•.10389.04 A. N 11371.81 % 10419.56 96 / r 80 ( IN FEET ) 1 inch = 20 ft. 1 • 48.15 CURVE TABLE CURVE RAD/US LENGTH TANGENT CHORD BEARING DELTA 03 50.00 5729 32.25 54.21 S56'57'06 "W 65'38'59" C4 50.00 25.33 1294 25.06 N75'42'36"W 29'01'36" SVCS 1+15:57 PV/ STA = 1+65.57 PVI ELEV = 5640.20 A.D. = 4.00 K = 25.00 100.00' VC EX/ST/NG GRADE to e 5650 v 5640 5630 DATUM ELEV 562500 0i SCHMUESER GORDON MEYER I 18 W. 6TH STREET, SUITE 200 GLENWOOD SPRINGS, COLORADO 81601 (970) 945-1004 FAX (970) 945-5948 ASPEN, COLORADO (970) 925-6727 CRESTED BUTTE, CO (970) 349-5355 SCALE: " = 20' HORZ. " = 5' VERT FINISHED GRADE EX/°T/IG CENTERL/NE ELEVATION FA%.HED CENTERLINE ELEVATION O V� h O� r< CO in d CIS ^ a^ O N. 40 h 1-1 ah O 10 e} ^� vNt' CO N. h O4 � N N^ V ft qIlb h kr) N. d O� �CS NI - h O NI- 40 V) OHO OC6 V-tn h0 h ^^ °i0 In h0 OS in In CO 0+00 0+50 1+00 LOTS 1-4 OLD ORCHARD SUJDIVISION 1+50 NUM- BER 2+00 REVISION 5640 EL- 5635.86 5630 DATE Lot 3.198 Ac. BY 1 PRELIM/NARY/FINAL PLAN 2 REV/SED SECTIONS 12/16/09 2/1/10 RM RM 1 •.. ,S6�0 39.3 /HE 1 •• 3 b 39.35 O/HE /HE 2 3230'•., - '-' N 11122.72 E 10391.65•''-• DRIVEWAY PLAN AND PROFILE Job No. 2009-336.001 Drown by: JK Dote: 09-18-09 OC: PE.' File: GABOSS/ DRIVE PP OF r 5645 ' PRELIMINARY NOT FOR CONSTRUCTION 20 0 10 GRAPHIC SCALE 20 40 BO ( IN FEET ) 1 inch = 20 ft. 441 Q y ^) _4' 3' BERM BERM AS REQUIRED FOR 3' MINIMUM CONTAINMENT ABOVE CHANNEL FLOW • LINE. MINIMUM TOP WIDTH 3" MINIMUM CHANNEL CROSSING SECTIONAL AREA JOSE. LOCATION SHOWN IS APPROXIMATE. FIELD COORDINATE WITH ENG/NEER TO MINIMIZE DISTURBANCE. 5655 Lot 3 2.393 Ac. SCHMUESER 1 GORDON I MEYER ENGINEERS 1 SURVEYORS SCHMUESER GORDON MEYER I 18 W. 6TH STREET, SUITE 200 GLENWOOD SPRINGS, COLORADO 8 1 60 I (970) 945- 1004 FAX (970) 945-5948 ASPEN, COLORADO (970) 925-6727 CRESTED BUTTE, CO (970) 349-5355 LOTS 1-4 OLD ORCHARD SUBOIVISION NUM— BER REVISION DATE BY 1 LOT #3 BERMING Job No. Drawn by: Dote: QC: File: 2009-336.001 MLC 05-20-10 3 I PE.• LOT 3 BERM/NG OF