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HomeMy WebLinkAbout2.0 Conditions & CorrespondenceRED CANYON PLAZA, LLC 3768 HIGHWAY 82 GLENWOOD SPRINGS, CO. -81601- LETTER TO GLENN HARTMAN IN REGARDS TO LAND USE CHANGE FOR ABOVE PROPERTY: REQUEST FOR EXTENSION FOR LAND USE CHANGE PERMIT: PARCEL #2L85-262-00-008 I BILL INVERSO MEMBER OF RED CANYON PLAZA, LLC PROPERTY OWNER OF ABOVE PARCEL WHOSE ADDRESS IS 3768 HIGHWAY 82, GLENWOOD SPRINGS, CO. -81601- I AM REQUESTING A 6 MONTH TO ONE YEAR EXTENSION TO MEET CONDITION #4 ON THE LIST OF CONDITIONS FOR A LAND USE CHANGE. I HAVE COMPLETED ALL OTHER CONDITIONS BUT NEED EXTRA TIME TO COMPLETE CONDITION #4. THANK YOU, BILL INVERSO DATED June 5, 2015 Community Development Department MEMORANDUM TO: Board of County Commissioners FROM: Glenn Hartmann, Senior Planner DATE: June 15, 2015 SUBJECT: Supplemental Extension Request Red Canyon LLC Optional Premises Cultivation Operation — Bill Inverso (M I PA -7463) REQUEST The Community Development Department has received an additional extension request submitted by Bill Inverso, Red Canyon Plaza LLC in regard to the Optional Premises Cultivation Operation for Medical Marijuana proposed for the property located at 3768 Highway 82. The facility was approved by Resolution No. 2014-04 and a six month extension to complete all conditions of approval was granted by the Board of County Commissioners in January of 2015 by Resolution No. 2015-04 (attached). The extension is set to expire on July 6, 2015. The Applicant has submitted a supplemental extension request (attached) indicating that he is still working on completing the only remaining condition of approval, Condition No. 4 dealing with documentation of a legal supply of water for the proposed indoor irrigation. The extension request is for an additional 6 months to one year. The request was submitted in accordance with Section 4-101(1) and prior to the expiration of the approvals. BOARD OF COUNTY COMMISSIONER'S ACTION Pursuant to Section 4-101(1)(3), additional extensions and requests for longer periods of time following the first extension, shall be made to the Board prior to the expiration of the current approvals. The Board's action will be documented by resolution and would reflect the time frame for the extension if approved by the Board. VICINITY MAP Highway 82 — South of Glenwood Springs Applicant's Site County Road 115 RED CANYON PLAZA, LLC 3768 HIGHWAY 82 GLENWOOD SPRINGS, CO. -81601- LETTER TO GLENN HARTMAN IN REGARDS TO LAND USE CHANGE FOR ABOVE PROPERTY: REQUEST FOR EXTENSION FOR LAND USE CHANGE PERMIT: PARCEL #2185-262-00-008 I BILL INVERSO MEMBER OF RED CANYON PLAZA, LLC PROPERTY OWNER OF ABOVE PARCEL WHOSE ADDRESS IS 3768 HIGHWAY 82, GLENWOOD SPRINGS, CO. -81601- I AM REQUESTING A 6 MONTH TO ONE YEAR EXTENSION TO MEET CONDITION #4 ON THE LIST OF CONDITIONS FOR A LAND USE CHANGE. I HAVE COMPLETED ALL OTHER CONDITIONS BUT NEED EXTRA TIME TO COMPLETE CONDITION #4. THANK YOU, BILL INVERSO DATED December 15, 2014 Glenn Hartmann From: Bill Inverso [Inverso@sopris.net] Sent: Tuesday, December 23, 2014 7:13 AM To: Glenn Hartmann Subject: Re: Red Canyon Plaza Pre -App Summary Hello Glenn, it has been a very busy week last week. I had a leak in my underground pipe for the fire system so I replaced the pipe with a new one and it was 5.5 feet deep, so digging and replacing it last week, we're just now getting done. I apologize for not getting the water issue in on time and how it sits now I don't even have the money for the application fee. I do still want to file for the extension and will be there for the meeting on the 5th of January but the other will have to wait for now. Thanks for all your help and have a great Christmas with friends and family. Bill On 12/15/2014 8:35 AM, Glenn Hartmann wrote: Hi Bill: I have received your extension letter so that step is in process. You can begin work on the amendment request as soon as your schedule permits. If we can get your submittal in and certified as complete prior to the Holidays, we would have an opportunity to get on the February P&Z agenda which would move your process up by a month. We would probably need to get your notice to the newspaper by Wednesday the 24th in order to get it published in time. We have discussed and the pre -application summary notes that the submittal will focus on the water issue (Condition #4) and I would continue to coordinate with Tamra Allen on the submittal requirements, so it would seem doable to get it in and complete. I would suggest that you have your submittal in by Friday (12/19) if you would like to work toward the February schedule for P&Z. Please call if we need to discuss your schedule further. Thanks again for the extension letter. Your item will be on January 5th, as a public meeting usually scheduled in the 1:00 p.m. time frame. Sincerely, Glenn Hartmann Community Development Department From: Bill Inverso [mailto:Inverso@sopris.net] Sent: Monday, December 15, 2014 7:39 AM To: Glenn Hartmann Subject: Re: Red Canyon Plaza Pre -App Summary Glenn, Thank you for preparing this for me. I have sent over my extension request letter. I appreciate the time you've spent with me very much. Do I need to file this pre -app now or do we wait for the extension first? Thank you for all your help, Bill Inverso 1 On 12/12/2014 3:05 PM, Glenn Hartmann wrote: Hi Bill: I've attached a pre -application summary from our meeting this morning. We covered a lot of topics this morning and hopefully the procedures we discussed make sense. I will confirm with Tamra Allen the list of submittal requirements with the intent of keeping the focus on only the change being requested. As we discussed you are on the Board's schedule for January 5th for your extension request. Please send me your written request as soon as you have it prepared. Please call or email with any questions. Thanks again for meeting this morning. Sincerely, Glenn Hartmann Community Development Department No virus found in this message. Checked by AVG - www.avg.com Version: 2015.0.5577 / Virus Database: 4235/8724 - Release Date: 12/12/14 No virus found in this message. Checked by AVG - www.avg.com Version: 2015.0.5577 / Virus Database: 4253/8742 - Release Date: 12/15/14 2 Glenn Hartmann From: Bill Inverso [Inverso@sopris.net] Sent: Monday, November 24, 2014 7:28 AM To: Glenn Hartmann Subject: Inverso/water Hello Glenn, I've found out that I would need my own augmentation plan for water which means water court and could take a while besides costing a fair amount of money. I would like to see if there is a way to amend the current language in regards to water. Rifle Creek Pure Water is a water vendor out of Rifle that gets it's water from Silt water which is a non-federal entity. Hal Combs 970-625-5036 is the owner. If a state certified medical marijuana grow supplies it's own water source that is non-federal and can document that source during their term of occupancy I would think this might be acceptable. It appears the issue is where the water is coming from and is it a legal source of water in the eyes of Garfield County. This would give me some revenue to try and get a legal source of water if possible. It is my wish to see what the process is to have the language rewritten (in regards to water) and brought in front of the board. A11 other conditions have been meant at a considerable cost to me to get this Land Use Permit finalized. If you have any thoughts or ideas I would like to hear them. Please feel free to contact me Glenn 970-379-7173. Thanks for all your help. Sincerely, Bill Inverso 1 Glenn Hartmann From: Bill Inverso [Inverso@sopris.net] Sent: Tuesday, July 29, 2014 2:22 PM To: Glenn Hartmann Subject: Re: Land Use Change Permit Conditions of Approval. Hello Glenn, thank you for contacting me and helping me complete my land use permit. Condition #8 has been resolved by finding a small leak at the main junction inside the building and increasing the pump pressure from 50 lbs to 60 lbs. We made this change about a month ago and have had no further issues. This problem has been resolved. Condition # 11F for no parking signage is being resolved now. I will take photo's and get that over to you this week. Condition #4 will be addressed when needed. My thought is any grower coming into the building can supply there own water from an outside water vendor, they would need a tank of some sort and have a water vendor fill the tank for them. Thanks again Glenn, I will be in touch. Sincerely, Bill Inverso Original Message From: Glenn Hartmann To: Bill Inverso Sent: Tuesday, July 29, 2014 10:44 AM Subject: Land Use Change Permit Conditions of Approval. Hi Bill: Thanks for past meetings on your site to go over the conditions of approval. Also thanks for your follow-up and status updates on the conditions of approval as you address them. Provided below is a summary of our past meeting on your site and the status of your conditions. Remaining Topics — Conditions to be Met: • Condition #4: Our understanding is that this condition will remain to be completed at a future date. Additional documentation will be necessary to address the applicant's rights to use the well for "indoor irrigation". We understand the timing for resolving this condition may be driven by potential future tenants. Please keep in mind that the condition will need to be met by January 6, 2015 or extension requested from the Board of County Commissioners. • Condition #8: Based on the Fire District sign -off on your final inspection card and a follow-up conversation with Ron Biggers, we understand your required improvements have been completed with the exception of a maintenance/operational issue associated system leaks and the need for a separate "jockey" pump. Please let me know the status of that issue and whether it has been resolved. • Condition #11 f: The applicant has agreed to obtain No Parking/Fire Access signs to install at the dry hydrant and pump house location. The dumpsters will also be relocated and if feasible a stripe or surface delineation of the area to stay unobstructed shall be installed at the edge of the existing pavement. Resolved Conditions • Condition #1: Standard conditions regarding the Applicant's representations. • Condition #2: This is an operational condition for ongoing compliance with applicable regulations including County Regulations. • Condition #3: The Applicant has verbally confirmed that they continue to be in compliance with this condition with no residential occupancy within the commercial building. 1 • Conditions #5, #6, and #7: The Applicant has provided technical evaluations of the water system, water testing results, and ISDS system indicating adequacy to serve the proposed use. • Condition #9: Based on the Building Department sign off on your final inspection card and the issuance of a "Certificate of Completion this condition has been addressed. • Condition #10: The Applicant is in compliance with this operational condition that deals with drainage and maintenance. • Condition #11 a & b: These conditions have been addressed and no parking signs have been installed. • Condition #11 c: The site reflects removal of vegetation to maintain sight lines. This condition has been addressed. The Applicant acknowledged the need for ongoing pruning or removal to address new growth over the course of the growing season. • Condition #11 d: The applicant has provided a copy of his policy on inoperable vehicles and parking. This condition has been addressed. • Condition #11 e: This is an operational condition dealing with future users and parking requirements. Nothing further is required at this time. • Condition #11 g: An updated excerpt from the site plan showing snow storage areas on the applicant's site has been provided. • Condition #12: This is an operation condition dealing with lighting. Nothing further is required at this time. • Condition #13: This condition granted a waiver from separation requirements and operational conditions related to air filtration and odor removal. Nothing further is required at this time. • Condition #14: The Applicant provided current licensing prior to the re -location of the previous grow operations. Future tenants will need to comply with this condition. Nothing further is needed at this time at this time. • Condition #15: This is an operational condition for ongoing compliance with OSHA and CPHE safety requirements. Nothing further is required at this time. • Condition #16: The site visit confirmed that the site maintains an appropriate level of landscaping and landscaping maintenance, including a variety of native vegetation observed during the site visit. Future installation of plantings would need to comply with the site plan representations and the Code requirements. • Condition #17: This is an operation condition for ongoing compliance with County Regulations. All conditions other than those noted above (#4, #8. & #11.f) have been satisfied. I will call to discuss the remaining items and to answer any questions. Please note that changes in your tenant and/or the addition of new grow operation tenants will require additional compliance review in conjunction with any building permits and tenant finish permits. Thanks again for your work in addressing the conditions of approval. Sincerely, Glenn Hartmann Community Development Department No virus found in this message. Checked by AVG - www.avg.com Version: 2014.0.4716 / Virus Database: 3986/7943 - Release Date: 07/29/14 2 RED CANYON PLAZA, LLC 3768 HIGHWAY 82 GLENWOOD SPRINGS, CO. -81601- Letter to Glenn Hartman of GARCO: Date: June 23rd, 2014 Letter in regards to abandoned vehicles on property for Red Canyon Plaza. I have revised my lease to not allow any abandoned or non- functioning vehicles on the property now and in the future. Any abandoned vehicles will be towed away at the owner's expense. Thank you, Bill Inverso //C 1 —__I__ -1 COC Number Group: Owner: Building Address: ertilleale .99 a4/10 • Community Development Depontment Qa,trield e'&. , CoC-6988 S-1, F-1 RED CANYON PLAZA, LLC RED CANYON PLAZA, LLC 3768 Hwy 82 GLENWOOD SPRINGS, CO Description of Work: apply fire resistent foam per fire district requirements Building Permit No: Type of Construction: Owner's Address: Locality: Date of Final Inspection: 'Wing Inspector BLCO-3-14-3149 IIIA 3768 HIGHWAY 82 218526200008 06/24/2014 Issuance of a Certificate of Completion shall not be construed as an approval of a violation of the provisions of this code or of other resolutions or zoning codes of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this code or of this code or of other resolutions of the jurisdiction shall not be valid. Conditions of Permit Bill Inverso/ Ron Radtke BLCO, LLC OPCO Facility 3768 Highway 82 Glenwood Springs, Colorado 5/5/2014 Dear Sirs, After 1 year of working on completing our Major Land Use Change at our current Red Canyon OPC location, it has been recommended by M.E.D. and the Department of Revenue that we consolidate our operations to our 1420 Deveraux Road facility. We have notified our Landlord, Bill Inverso, that we will be leaving the 3768 Highway 82 property no later than May 31St. All Plants will be harvested prior to our departure, or destroyed and recorded in the States Marijuana Inventory Tracking System as required . Sincerely, i.Radtke s. s . e0/77 Green Essentials Medical,LLC SATE of COLQRAD0 DEPARTMENT OF REVENUE Marijuana Enforcement Division Medical Marijuana Conditional License GREEN ESSENTIALS MEDICAL LLC GREEN ESSENTIALS MEDICAL LLC 3768 Hwy 82, Unit 103-203B, Glenwood Springs, Co 81601 Optional Premises - 403-00163 License Valid Through: 08/17/2014 This license is conditioned upon Local Licensing Authority approval, pursuant to 12-43.3-305(2). This conditional license is issued subject to the laws of the State of Colorado and especially under the provisions of Title 12, Article 43.3, as amended. This conditional iicense is nontransferable and shalt be conspicuously posted in the place above described. This conditional license is only valid through the expiration date shown above, Any questions concerning this conditional license should be addressed to: Colorado Marijuana Enforcement Division, 455 Sherman Street, Suite 390, Denver, CO 80203. In testimony whereof, I have hereunto set my hand. Laurb'FC. IHerris, Dif3ctor Barbara J. Brohl, Executivirector Glenn Hartmann From: Gale Carmoney Sent: Tuesday, April 22, 2014 4:08 PM To: Ron Radtke; Andy Schwaller Cc: Glenn Hartmann; Bill Inverso Subject: RE: Green Essentials Code upgrades - 3768 24 hours is the normal time frame Gale Carmoney 970.945.8212 Direct 945-1377 Ext. 1530 Garfield Couittl, From: Ron Radtke [mailto: ron@greendragoncolorado.com] Sent: Tuesday, April 22, 2014 3:39 PM To: Andy Schwaller Cc: Glenn Hartmann; Gale Carmoney; Bill Inverso Subject: Re: Green Essentials Code upgrades - 3768 Yes We will do that How much notice is acceptable for your department to schedule the inspection ? Thank you Andy Ron Radtke Sent from my iPhone On Apr 22, 2014, at 3:04 PM, Andy Schwaller <aschwaller@garfield-county.com> wrote: Please request a final inspection prior to May 6 to address any possible corrections prior to May 6. All electrical and fire district inspections and sign offs should be completed prior to May 6, 2014. Thanks, Andy Schwaller Building Official Garfield County From: Ron Radtke [mailto: ron@greendragoncolorado.com] Sent: Tuesday, April 22, 2014 2:39 PM To: Andy Schwaller Cc: Glenn Hartmann; Gale Carmoney; Bill Inverso Subject: Green Essentials Code upgrades - 3768 Gentlemen, With this emailing, we are requesting additional time till (say May 6t ) to complete all items on the Land use condition outline. 1 1. The contractor doing the fire retardant ran out of product, and needs time to finish touching up areas within our space. This product should be in by this coming and hopefully next Monday. 2. The CO2 sensor for the return air/intake has been backordered by the factory and should be here late this week or early next. This should be done by this late next week ( Thursday or Friday ). 3. We can't call for a fire inspection until all area's of fire -retardant is completed, (see item 1. Above) 4. Lower level bath room door and hardware/with sink faucets have been changed out to Handicap. However, as this issue was discussed in detail several times and months ago. "We/I were told, (By, Gale & Glen) That this code correction would be fine... Since we use both floors of the Building, any handicap person could use the second floor fully Handicap restrooms, at any time" As it was explained, they could simply go around the building and up the ramp to the Handicap restrooms and kitchen facilities. That being said, we have not provided for additional handicap chair swing within the existing structurally limited space for this restroom, as mentioned recently by Andy S. to date. We/I ask that this be re -addressed in your department, as soon as possible. Thank You Ron Radtke s. Hwy 82 Genetilmen 2 ne March 15, 2014 Mr. Bill Inverso 3768 HWY 82 Glenwood Springs, CO 81601 Re: Water System Performance & Water Quality Dear Bill: After reviewing the available documentation for the installed water system (well, storage and distribution system), the following information is offered regarding the water supply and distribution plan for the Commercial Building and associated residence. Water Supply (Well Testing) & Storage The evaluation performed by Ray's Well Done Pump Service, LLC, identifies the results of the well test performed February 20, 2014 (copy attached). This test indicates that your well supplies 18 gallons per minute over a four-hour test period with a well recovery time of 30 minutes. The Commercial Building has a 30,000 gallon buried storage tank that provides storage for both domestic and fire protection use. Water Quality Water quality was confirmed by the analysis of a sample submitted to ACZ Laboratories, Inc. on February 12, 2014. A summary of the results together with the Maximum Contaminate Levels (MCL) for each constituent evaluated and associated comments are attached as a Drinking Water Quality Worksheet. Copies of the ACZ report are available upon request. Only one constituent exceeded the Article 3 Secondary MCLs for Total Dissolved Solids (TDS). This exceedance is related to the hardness and overall mineral content of the water and is not considered to be health threatening or require further treatment. Also attached is the Total Coliform Bacteria test results performed by Grand Junction Laboratories dated February 12, 2014. Therefore, in my opinion, the existing water system has the capacity to serve the log home and commercial building; and is of good quality without the need for additional treatment or modification. 7 Drinking Water Quality Worksheet Bill Inverso, Red Canyon Plaza 3/15/2014 Table 2-3 MCIs Test MCL Results Comments (mg/L) Antimony Arsenic'• Asbestos 0.006 0.01 0.0025 OK 7 mil/L Barium r 2 Beryllium Cadmium Chromium I 0.004 0.005 0.0001 OK 0.1 Cyanide (Free) 0.2 Fluoride 4 Mercury 0.002 Nitrate 10 Nitrite Total NO2 & NO3 Selenium 1 10 0.72 OK 0.05 Thallium 0.002 Table 3-1 Secondary MCLs Level Units Sample Comments Aluminum Chloride Color Copper Corrosivity Fluoride Foaming Agents Iron Manganese Odor pH Silver Sulfate Total Dissolved Solids Zinc 0.05 to 0.2 mg/L 250 mg/L 22 OK 15 Color Units 1 mg/L 0.02 OK 7.0 C 7.5 OK 2.0 mg/L 0.3 OK 1 0.5 mg/L 0.3 mg/L 0.02 OK 0.05 mg/L 0.005 OK r 3 6.5 to 8.5 8.2 OK I 0.1 mg/L 250 mg/L 161 OK 500 mg/L 520 Over Related to hardness 5 mg/L 0.05 OK Other Constituants Alkalinity Conductivity @ 25°C Hardness Lead Calcium Magnesium Sodium Sodium Adsorption Ratio Uranium Gross Alpha Gross Beta Manganese *• Requested contaminants for Garfield mg/L 209 Water's ability to nutralize acids 1250 pmohs/cm 746 OK Dependent upon soils of aquifer, levels 50-1500 typ, good fisheries = 150-500 (surface water); EC=0.51 to 1.25 mmhos/cm: Medium; OK range for established plants mg/L 298 soft= 0-60; mod hard= 61-120; hard=121-180;, Very hard >180 0.015 mg/L 0.0055 OK mg/L 80.9 RDI = 1000 mg/day, essential nutrient None mg/L 23.3 Calculated value near sample results and > Denver (6.2); Related to Hardness 30-60 mg/L 31.3 OK Taste Threshold 0.8 SAR <13 with EC<4.0 (4,000 p.mohs/cm) = Normal 0.03 mg/L 0.0038 OK 15 pCi/L 7.2 OK 50 pCi/L 2.7 OK 0.05 mg/L 0.005 OK County Water Supply and Distribution Plan Prepared by Bob Pennington 3/15/2014 Page 1 JOHN C. KEPHART & CO. JU\ET N LA HAT 435 NORTH AVENUE ♦ PHONE: (970) 242-7618 ♦ FAX: (970) 243-7235 ♦ GRAND JUNCTION, COLORADO 81501 ES Received from: — ANALYTICAL REPORT — Red Canyon Plaza, LLC Bill Inverso 3768 HWY 82 Glenwood Springs, CO 81601 970-379-7173 6763 water Customer No. Laboratory No. Sample Date Received 2/11/14 Date Reported Lab number 6763 Sample ID Red Canyon Plaza 3768 HWY 82 2/11/14 8:15 AM Total Coliform Bacteria 2/12/14 Limits for Drinking Supplies by Colo. Dept. Health 0 cfu/100m1 must be less than 1 cfu/100m1 stands for colony forming units per 100 milliliters. Lab Dir.: Brian S. Bauer Ray's Well Done Pump Service, LLC Service Pumps/Cisterns/Well Tests Ray Latham February 23, 2014 Attn: Bill Inverso RE: Red Canyon Plaza On 2/20/2014, a well test was conducted on a well located at the Red Canyon Plaza. The following information was obtained: Approx. Well Depth 200' Casing Size 7" steel X 5" pvc Static Water Level 90 ft. 2 in. Total Test Time 4 hours Draw Down (approx.) 99 ft. 7.5 in. Estimated Production 18 GPM Test Pump 1.0 HP Recovery Time 30 min Remarks: The well is adequate for the residence and commercial building. The well pumped 4,320 gallons in a four hour period. Well production may vary throughout a calendar year. If there are any questions regarding this well test, please contact me at 970-379-8017. Sincerely, Ray Latham Ray's Well Done Pump Service, LLC 970-379-8017 welldonepumps@gmail.com Lic. # 1419 P.O. Box 863 Rifle, CO 81650 970-379-8017 welldonepumps@gmail.com Lic. #1419 February 21, 2014 Mr. Bill Inverso 3768 HWY 82 Glenwood Springs, CO 81601 Re: Existing Septic System Performance Dear Bill: After reviewing the available documentation for the installed seepage pit disposal field constructed by Roto Rooter and inspected by the Garfield County Building and Sanitation Department (April 23, 1999), the following information is offered regarding the change in wastewater flows for the Commercial Building. Subsurface Soils The subsoil study performed for the foundation design by HP Geotechnical, Inc. dated January 16, 2001 identifies the subsurface conditions encountered onsite. The conditions reported consist of medium -dense silty - sand with gravel and cobble fill overlying the natural subsoils (consisting of cobbles and boulders) to a depth of 14 feet (Boring #2). This soil represents a fast draining Type 1 soil type with an LTAR of 0.80 gallons per square foot per days. Existing On-site Wastewater Treatment System The present system serves a log home and commercial building located at 3768 HWY 82. The log home has a 1,250 gallon septic tank that discharges directly to the constructed seepage pit. The commercial building also has a 1,250 gallon septic tank that discharges into the same seepage pit. The seepage pit is described as a 10' x 14' x 12' deep structure with a 48" diameter center distribution cylinder. No issues of leakage or surfacing of effluent is apparent. Wastewater Flows Calculated capacity of the existing seepage pit using Regulation #43 is as follows: Sidewall surface area = (2 x 14' x 12') + (2 x 10' x 12') + cylinder bottom (4' x 4' x .785) = 588.56 square feet. Therefore, the calculated design flow capacity of the seepage pit is 588.56 x 0.8 = 470.8 gallons per day. The proposed use of the commercial building will involve a maximum of 15 employees for a single daily 8 -hour shift. This results in a design flow of 225 gallons per day. The total available daily design flow becomes: 470.8 — 225 = 245.8 gallons per day for the log home. The log home presently produces less flow than Regulation #43 provides regarding occupants for new residential construction (3 bedrooms; or 6 persons @ 75 gpcd = 450 gallons per day) and historically has discharged less than the new residential construction flow rate. Previous use of the commercial building was also by the log home owner plus an additional 30 employees on a daily basis (Fiberforge) without incident or apparent failure of the seepage pit. This suggests that the seepage pit capacity could be as high as: 450 + (15 x 30) = 900 gallons per day. Therefore, in my opinion, the existing seepage pit has the capacity to serve the log home and proposed commercial building wastewater influent flows without modification. Sincerely, Robert W. Penni 1 Table 10-1, Colorado Health and Environment, Water Quality Control Division, On -Site Wastewater Treatment System Regu , 2013. Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centenniai Bldg 1313 Sherman St Deriver, Colorado 80203 (303) 866-3581 697 WELL PERMIT NUMBER 77983 -F DIV. 5 WD 38 DES BASIN MD Lot. Block. RED CANYON PLAZA LLC 0/0 WILLIAM J INVERSO 3768 HIGHWAY 82 GLENWOOD SPRINGS, CO 81601 - Filing PIFFER EXEMPTION (RESOLUT)ON NO 77-89) APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NW 1/4 Section 26 Township 6 S Range 89 W Sixth P.M. DISTANCES FROM SECTION LINES 2013 Ft. from North Section Line 713 Ft. from West Section Line (970) 379-7173 A klisCICVDAMeinki nPi i OF an' FYISTIN(; WFI I UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: N.Of r-1.4 • • •• ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as tc cause no material injury to existing water fights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2 unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rue 18. 3) Approved pursuant to CRS 37-00-137(2) on the condition that this well is operated as an alternate point of diversion to the Basalt Concult if applicable per decree) and in accordance with one or more of the augmentation plans approved by the Div 5 Water Court for the Basalt Water Conservancy District in Case Nos. 87CW0155, 93CW0319, 98CW0026/98CW0089, 01CW0305, & 02CW0077 (and Case No 10CW0047 if in Area A-3 as described in decree), or operating pursuant to an approved substitute water supply plan. If this well is not operated in accordance with the terms of said decree(s) or SWSP, it will be subject to administration including orders to cease diverting water. BWCD contract #626. 4) Approved for tne expansion of use of. an existing well, constructed on March 19, 1977 to a depth of 147 feet, and with a pump being installed on April 9, 1977, all under permit no. 86080 (Canceled). Issuance of this permit hereby cancels permit no 86080. 5) The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling. the irrigation of not more than 250 square feet of outdoor commercial landscaping, and, drinking and sanitary facilities for commercial business's (currently Woodshop and Warehouse space) Water from this well shall not be used for any other purpose(s). This well is known as Inverso Well. 6) The pumping rate of this well shall not exceed 15 GPM. 7) The annual withdrawal of ground water from this well shall not exceed 2.64 acre-foot. 8) The return flow from the use of This well must be through an individual waste water disposal system of the non -evaporative type where the water is returned tc the same stream system in which the well is located. 9) The owner sha I mark the well 'n a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate The owner shall take necessary means and precautions to preserve these markings. 10) This well shall be located not more than 200 feet from the location specified on this permit and not more than 200 feet from the location decreed for Inverso Well in case no 01CW0305 (decreed location is 1978 feet from the North section line and 534 feet from the West section line) 11) A totalizing flow meter must be installed on this well ar,d maintained in good working order. Permanent records of all diversions must be maintained oy the well owner (recorded at least annually) and submitted to the Division Engineer upon request. NOTE. in accordance with § 37-90-137(2)(b)(11)(B), C R,S., the applicant provided evidence to the water court that they gave notice of their water court application at least ten days before making the application. to the owners of all wells within 600 feet of this well Additionally, 600 foot spacing waivers were submitted by Inc well owners for well permit no(s) 50536-F, 56785-F, 257491 8, 269399. NOTE: NOTE. NOTE: NOTE' NOTE' APPROVED DMW Section 26 is an Irreguiar "Tali & Narrow'. section. Application receipt no. 0456894 (Application Withdrawn) was previously applied for on this parcel Expired permit no. 7057e was previously issued for this parcel Parcel identification Number(PIN) 23-2185-262-00-008 Assessor Tax Schedule Number. R060049 State Engineer Pr-.rpint Nn q51)3777 DATE ISSUED 03-13-2014 rt--ei1:3"/ By EXPIRATION DATE BASALT WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT NO. 626 Pursuant to C.R.S. § 37-45-131 RED CANYON PLAZA, LLC (hereinafter "Applicant") has applied to the Basalt Water Conservancy District (hereinafter the "District") a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of Section 37-45-101, Colorado Revised Statutes, et seq., for an allotment contract for beneficial use of water rights owned, leased, or hereafter acquired by the District ("Contract"). By execution of this Contract, Applicant agrees to the following terms and conditions and those certain terms and conditions set forth in the attached Order, which is fully incorporated as a part of this Contract: 1. QUANTITY: In consideration of the covenants and conditions herein contained, Applicant shall be entitled to receive and apply to beneficial use 0.033 cubic feet of water per second from the District's direct flow rights and 0.5 acre feet per year of storage or other augmentation water owned or controlled by the District. Applicant shall restrict actual diversions and consumptive use under this Contract to these amounts. The Contract amount is based on the water requirements table attached hereto as Exhibit B. Any increase or change in the water requirements to be served by the District will require an amendment to the subject Contract. 2. SOURCE OF ALLOTTED WATER: Water rights allotted pursuant to this Contract shall be from the District's water rights decreed to the Basalt Conduit, Landis Canal, Stockman's Ditch Extension, Troy and Edith Ditch, Robinson Ditch, or other water rights hereafter acquired by the District, including the District's right to receive storage water from Ruedi Reservoir and Green Mountain Reservoir. The District shall have the right to designate the water right or Decree of the District from which the Applicant's allotted rights shall be obtained. The Applicant's use of any of the District's water rights shall be subject to any and all terms and conditions imposed by the Water Court on the use of the District's said rights. Exchange or augmentation releases made from the District's storage rights in Ruedi or Green Mountain Reservoirs or other works and facilities of the District shall be delivered to the Applicant at the outlet works of said storage facility and release of water at such outlet works shall constitute full performance of the District's delivery obligation. Delivery of water from the District's storage rights in Ruedi or Green Mountain Reservoir shall be subject to the District's lease contract with the United States Bureau of Reclamation and any rules and regulations promulgated pursuant thereto. Releases from other facilities available to the District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement is not impaired by said action. 2014-2-7 Contract No. 626 1 3. At Applicant's request, this water allotment contract supply and applicant's structure(s) benefited hereunder have been included in the District's umbrella plan for augmentation decreed in Case No. 02CW77 ("Umbrella Plan"). Applicant agrees to pay $2,250.00 as its pro rata share of the costs and expenses incurred by the District to obtain the Umbrella Plan contemporaneously with acceptance of this Order, unless otherwise agreed in writing by the parties, which amount is based on and limited to the type(s) and amount of water use made by Applicant as detailed in Exhibit B to this Water Allotment Contract. 4. PURPOSE AND LOCATION OF USE: Applicant will use the water rights allotted pursuant to this Contract for beneficial purposes by diversion at Applicant's point of diversion under the District's direct flow water rights and/or for use by augmentation or exchange. Applicant will use the water allotted by the District within or through facilities or upon lands owned, operated, or served by Applicant, which lands are described on Exhibit A attached hereto; provided that the location and purpose of Applicant's use of said water shall be legally recognized and permitted by the applicable governmental authority having jurisdiction over the property served. Applicant's contemplated usage for the water allotted hereunder is for the following use or uses: X Domestic/Municipal Industrial X Commercial Agricultural Other It is acknowledged that certain locations within the District may not be susceptible to service solely by the District's water rights allotted hereunder or the District's said water rights may not satisfy Applicant's needs and purposes. To the extent that service cannot be achieved by use of the District's allotted water rights, or in the event said service is inadequate, Applicant may utilize such other water rights, by way of supplementing the District's water rights, or otherwise, as is necessary to assure water service sufficiently reliable for Applicant's intended purpose or purposes. All lands, facilities and areas served by water rights allotted hereunder shall be situated within the boundaries of the District. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado State Engineer to estimate any conveyance losses between the original point and any alternate point and such estimate shall be deducted from this amount in each case. The District, or anyone using the District's decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, but not at the original point of 2014-2-7 Contract No. 626 2 diversion, only as against water rights which are junior to the date of application for the alternate point of diversion. In the event the Applicant intends to institute any legal proceedings for the approval of an augmentation plan and/or any change to an alternate point of diversion of the District's water right to allow the Applicant to utilize the water allotted hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates an alternate point of diversion and/or an augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to bear or defray any legal or engineering expense of the District incurred by the District for the purpose of developing and adjudicating a plan of augmentation for the District. In any event, the District shall have the right to approve the Applicant's application for change of water right, and/or augmentation plan or other water supply plan involving the District's rights, and the Applicant shall provide the District copies of such application and of all pleadings and other papers filed with the Water Court in the adjudication thereof. The District reserves the exclusive right to review and approve any conditions which may be attached to judicial approval of Applicant's use of the District's water rights allotted hereunder. Applicant agrees to defray any out-of-pocket expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights adjudication necessary to allow Applicant's use of such allotted water rights; provided, however, in the event any such adjudication involves more of the District's water rights than are allotted pursuant to this Contract, Applicant shall bear only a pro rata portion of such expenses. Applicant shall be solely responsible for providing the structures, works and facilities, if any, necessary to utilize the District's water rights allotted hereunder for Applicant's beneficial use. 5. PAYMENT: Applicant shall pay annually for the water service described herein at a price to be fixed annually by the Board of Directors of the District for such service. Payment of the annual fee shall be made, in full, within fifteen (15) days after the date of a notice from the District that the payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the payment shall apply and the price which is applicable to that year. If a payment is not made by the due date, a late fee of $50 (or such other amount as the Board may set from time to time) will be assessed and final written notice of the delinquent account and late fee assessment will be sent by the District to the Applicant at Applicant's address set forth below. If payment is not made within thirty (30) days after said final written notice, the District may, at its option, elect to terminate all of the Applicant's right, title, or interest under this Contract, in which event the water right allotted hereunder may be transferred, leased or otherwise disposed of by the District at the discretion of its Board of Directors. In the event water deliveries hereunder are made by or pursuant to agreement with some other person, corporation, quasi -municipal entity, or governmental entity, and in the 2014-2-7 Contract No. 626 3 event the Applicant fails to make payments as required hereunder, the District may, at its sole option and request, authorize said person or entity to curtail the Applicant's water service pursuant to this Contract, and in such event neither the District nor such persons or entity shall be liable for such curtailment. 6. APPROPRIATION OF FUNDS: The Applicant agrees that so long as this Contract is valid and in force, Applicant will budget and appropriate from such sources of revenues as may be legally available to the Applicant the funds necessary to make the annual payments in advance of water delivery pursuant to this Contract. The Applicant will hold harmless the District and any person or entity involved in the delivery of water pursuant to this Contract, for discontinuance in service due to the failure of Applicant to maintain the payments herein required on a current basis. 7. BENEFIT OF CONTRACT: The water right allotted hereunder shall be beneficially used for the purposes and in the manner specified herein and this Contract is for the exclusive benefit of the Applicant and shall not inure to the benefit of any successor, assign, or lessee of said Applicant without the prior written approval of the Board of Directors of the District. Upon the sale of the real property to which this Contract pertains, Applicant has a duty to make the buyer aware of this Contract and the need to assign the Contract to the buyer. However, prior written approval of the Board of Directors of the District is required before the assignment is effective. Payment of an assignment fee in an amount determined by the Board shall be required as a prerequisite to approval of the assignment. In the event the water right allotted hereunder is to be used for the benefit of land which is now or will hereafter be subdivided or otherwise held or owned in separate ownership interest, the Applicant may assign the Applicant's rights hereunder only to a homeowners association, water district, water and sanitation district or other special district, or other entity properly organized and existing under and by virtue of the laws of the State of Colorado, and then only if such association, entity or special district establishes to the satisfaction of the Basalt Water Conservancy District that it has the ability and authority to assure its performance of the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract have any rights hereunder, except as such rights may exist through a homeowners association or special district as above provided. Any assignment of the Applicant's rights under this Contract shall be subject to and must comply with such requirements as the District has adopted or may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors, provided that such requirements shall uniformly apply to all allottees receiving District service. The restrictions on assignment as herein contained shall not preclude the District from holding the Applicant, or any successor to the Applicant, 2014-2-7 Contract No. 626 4 responsible for the performance of all or any part of the Applicant's covenants and agreements herein contained. 8. OTHER RULES: Applicant's rights under this Contract shall be subject to the Water Service Plan as adopted by the District and amended from time to time; provided that such Water Service Plan shall apply uniformly throughout the District among water users receiving the same service from the District. Applicant shall also be bound by all applicable law, including, for example, the provisions of the Water Conservancy Act of the State of Colorado, the Rules and Regulations of the Board of Directors of the District, the plumbing advisory, water conservation, and staged curtailment regulations, if any, applicable within the County in which the water allotted hereunder is to be used, together with all amendments of and supplements to any of the foregoing. 9. CURTAILMENT OF USE: The water service provided hereunder is expressly subject to the provisions of that certain Stipulation in Case No. 81CW253 on file in the District Court in Water Division 5 of the State of Colorado, which Stipulation provides, in part, for the possible curtailment of out -of -house municipal and domestic water demands upon the occurrence of certain events and upon the District giving notice of such curtailment, all as more fully set forth in said Stipulation. 10. OPERATION AND MAINTENANCE AGREEMENT: Applicant shall enter into an "Operation and Maintenance Agreement" with the District if and when the Board of Directors finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by the District or by reason of the delivery or use of water by the Applicant for more than one of the classes of service which are defined in the Rules and Regulations of the Board of Directors of said District. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard allotment contracts of the District and additional annual monetary consideration for extension of District services and for additional administration, operation and maintenance costs, or for other costs to the District which may arise through services made available to the Applicant. 11. CHANGE OF USE: The District reserves the exclusive right to review and approve or disapprove any proposed change in use of the water right allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 12. PRIOR RESOLUTION: The water service provided hereunder is expressly subject to that certain Resolution passed by the Board of Directors of the District on September 25, 1979, and all amendments thereto, as the same exists upon the date of this application and allotment Contract. 20142-7 Contract No. 626 5 13. NO FEE TITLE: It is understood and agreed that nothing herein shall give the Applicant any equitable or legal fee title interest or ownership in or to any of the water or water rights of the District, but that Applicant is entitled to the right to use the water right allotted hereunder, subject to the limitations, obligations and conditions of this Contract. 14. COMPLIANCE WITH SECTION 404 OF THE CLEAN WATER ACT. Applicant shall comply with Section 404 of the Clean Water Act and consult with the Army Corps of Engineers to complete any Section 404 compliance that may be required as a result of the construction of any facilities necessary to use contract water. 15. CONSERVATION PRACTICES: Applicant shall implement and use commonly accepted conservation practices with respect to the water and water rights allotted hereunder and shall be bound by any conservation plan hereafter adopted by the District, as the same may be amended from time to time. 16. WELL PERMIT: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before the District is obligated to deliver any water hereunder, and it is the Applicant's continuous duty to maintain a valid well permit. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Applicant must comply with the well -spacing requirements set forth in C.R.S. §37-90-137, as amended, if applicable. Compliance with said statutory well -spacing criteria shall be an express condition of the extension of service hereunder, and the District shall in no way be liable for an Applicant's failure to comply. Applicant agrees to mark the well in a conspicuous place with the permit number. 17. MEASURING DEVICE OR METER: Applicant agrees to provide, at its own expense, a totalizing flow meter with remote readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicant's water right and the terms of this Contract. On or before November 15 of each year, Applicant will provide accurate readings from such device or meter (recorded on a monthly basis for the period November 1 through October 30 of each year) to District, the Division Engineer and Water Commissioner. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours for the purposes of determining Applicant's actual use of water. 18. CONTRACT TERMINATION: A. Termination by District: 2014-2-7 Contract No. 626 6 1. The District may terminate this Contract for any violation or breach of the terms of this Contract by Applicant, or Applicant's breach of any other contract with the District. 2. The District may terminate this Contract if, in its discretion, any judicial or administrative proceedings initiated by Applicant threaten the District's authority to contract for delivery or use of the District's water rights, or threaten the District's permits, water rights, or other interests of the District. B. Termination by Applicant: 1. Applicant may terminate this Contract in its entirety for any reason by notifying the District in writing of the termination on or before April 1. Notice by said date will prevent the Applicant's liability for the next annual contract charge. 19. RECORDING OF MEMORANDUM: In lieu of recording this Water Allotment Contract, a Memorandum of Water Allotment Contract will be recorded with the Garfield County Clerk and Recorder's Office. The costs of recording the Memorandum shall be paid by Applicant. APPLICANT: RED CANYON PLAT • , -'LC By: Applicant's Address: 3768 Highway 82 Glenwood Springs, CO 81601 Telephone No.: (970) 379-7173 William J. Inverso, Member/Manager STATE OF COLORADO ) ) ss. COUNTY OF `�'' ) Subscribed and sworn to before me this 3 day of M, , 2014, by William J. Inverso as Member/Manager of Red Canyon Plaza, LLC. WITNESS my hand and official, My commission expires: 0\0f �y 2014-2-7 Contract No. 626 I 71 0IIIIiI1N11\\'\ 06 2&20k6 EXHIBIT "A" Parcel A A tract land situate in the SANA, Section 26, Township 6 South, Range 89 West of the 6th Principal Meridian, described as follows: Beginning t R point on the Northeasterly right of way line of State Highway No. 82 whence the West Quarter Corner of said Section 26 bea,, S. 27°04' W. 725.69 feet; thence N. 69'59'40" E. 327.27 feet; thence S. 17"05430" W. 82_63 feet; thence S. 58°S9°40" W. 255.56 feet to a point on the Northeae.er1y right of way line of said highway; thence N. 28°45' W. 36.57 feet along said right of way lines thence N. 49°56'30" W. 32,88 feet along said right cif ;say line to the point of beginning. Parcel B 8 A tract of lend in the Southwest 1/4 of the Northwest V4 of Section 26, Township 6 South, Range 89 West of the 6th Principal Meridian, further described as follows: Beginning at a point on the South side line of said SANA Section 2 >, whence the West 1/4 corner of said Section 26 bears N. 86"52'33" W 491.74 feet; thence S. 86°52'30" E. 680.56 feet along said South side line of said. sw4NW1/4 Section 66 to the Southeast corner of said SWhNA Section 25; thence N. 01°379 W. 1022.07 feet along the East side line of said SWkINNP Section 26 to a !?Dant on the centerline of the Red Canyon Road; thence S. 68'59'10 W. 341.11 feet to a point on the centerline of el -,a Glenwood Ditch ROW; thence along a fence S. 17°05'30" W. 82,63 feet to a fence corner° thence along a fence S. 68°59'40" W. 255.36 feet to a point on the ROW of Highway a2; thence along a fence S. 41'52°36" E. 40°49 feet; thence a3 Drag a fence S,. 34 °27' 37" W. 20.22 feet; thence along a fence S. 33°04'56" E. 45.02 feet; hence along a fence N. 67°13° E. 155.08 feet to .a point nn <n xe WestaN.,., 'OW line of the Glenwood Ditch; :hence aiong said ROW line Se 34°12'16" Wo 37.90 feet :hence along said ROW .;a,ne S. 10°33' W. 336.84 feet to a point on the :asterly fenced ROW of the Red Canyon Road; :hence along said fence S. 39°43'09" E. 50.17 feet; hence along said fence S. 04°17'17" W. 193.65 feet, more or less, ,d he point of beginning. XCEPTINC from Parcel F above those parcels conveyed by deeds .reco::c,ir, ovember 23, 3.977 in Book. 503 at Page 84 as reception No. 21963,:: ecorded danuaryp 4, 1978 in Book 504 at Page 513 as Reception Nc, Water User : Red Canyon Plaza, LLC (Inverso) Analysis Date : December 20, 2013 District Area: A Source Series: 4 Maximum Demand: 15 0.033 (GPM) (CFS) BASALT WATER CONSERVANCY DISTRICT WATER REQUIREMENTS (acre feet) Month Total Demand Consumptive Use (13) Source of Aug/Replace '(14) Delayed Depletion (1) (2) (3) (4) (5) (6) Domestic Commercial Lawn Crop In-house or Other Irrigation Irrigation Livestock TOTAL (7) (8) (9) (10) (11) *(12) Domestic Commercial Lawn Crop In-house or Other irrigation Irrigation Livestock TOTAL January 0.033 0.186 0.000 0.000 0.000 0.219 0.005 0.028 0.000 0.000 0.000 0.036 GNM 0.038 February 0.030 0.186 0.000 0.000 0.000 0.216 0.005 0.028 0.000 0.000 0.000 0.036 GNM 0.038 March 0.033 0.186 0.000 0.000 0.000 0.219 0.005 0.028 0.000 0.000 0.000 0.036 GNM 0.037 April 0.032 0.186 0.001 0.000 0.000 0.219 0.005 0.028 0.001 0.000 0.000 0.037 GNM 0.037 May 0.033 0.186 0.003 0.000 0.000 0.222 0.005 0.028 0.002 0.000 0.000 0.039 GNM 0.036 June 0 03 0.186 0.004 0.000 0.000 0.222 0.005 0.028 0.003 0.000 0.000 0.039 GNM 0.036 July 0.033 0.186 0.003 0.000 0.000 0.223 0.005 0.028 0.003 0.000 0.000 0.039 GNM 0.036 August 0.033 0.186 0.002 0.000 0.000 0.221 0.005 0.028 0.002 0.000 0.000 0.038 GNM 0.036 September 0.032 0.186 0.002 0.000 0.000 0.220 0.005 0.028 0.002 0.000 0.000 0.038 GNM 0.037 October 0.033 0.186 0.001 0.000 0.000 0.220 0.005 0.028 0.001 0.000 0.000 0.037 GNM 0.038 November 0.032 0.186 0.000 0.000 0.000 0.218 0.005 0.028 0.000 0.000 0.000 0.036 GNM 0.039 December 0.033 0.186 0.000 0.000 0.000 0.219 0.005 0.028 0.000 0.000 0.000 0.036 GNM 0.039 TOTALS --> 0.392 2.232 0.015 0.000 0.000 2.639 0 059 0.335 0.012 0.000 0 000 0.446 0.446 Assumptions (1) NUMBER OF RESIDENCES # persons/residence # gallons/person/day 1 3.5 100 (5) # of Livestock @ 11 gals/day 0 (7) % CU for Domestic/Commercial 15 (2) Commercial/Other Demand (af) Warehouse Space (sq. ft.) Includes 1,000 sq. ft. Woodshop 2.232 Office 18640 (9) % Lawn ling. Efficiency Consumption of Irrig. (af/ac) 80 2.195 (3) Sq. Ft. of Lawn Irrigated Lawn Application Rate (af/ac) 250 2 744 (10) % Crop Irrig. Efficiency Consumption of brig. (af/ac) 80 0.000 (4) Acres of Crop Irrigated Crop Application Rate (af/ac) 0.00 0.000 (9-10) Elevation (feet) 5800 112) Total Includes 5% Transit Loss 10% from Green Mtn. Area A-4 Roaring Fork River Permit No. 86080 Well Type D 8 II IHXA ORDER GRANTING APPLICATION FOR ALLOTMENT CONTRACT RED CANYON PLAZA, LLC CONTRACT NO. 626 Application having been made by or on behalf of Red Canyon Plaza, LLC and hearing on said Application having been duly held, it is hereby ordered that said Application be granted and that the attached Water Allotment Contract for 0.033 cubic feet of water per second from the District's direct flow rights and 0.5 acre feet per year of storage/augmentation water owned or controlled by the District is hereby approved and executed by and on behalf of the Basalt Water Conservancy District, for the beneficial use of the water allotted in the attached Contract, upon the terms, conditions and manner of payment as therein specified and subject to the following specific conditions: 1. The Applicant has acknowledged that the land to be benefited by the attached Contract is described on Exhibit A attached hereto and incorporated herein by this reference. 2. In the event of the division of the property served by this Contract into two or more parcels owned by different persons, the Applicant shall establish a Homeowners Association or other entity acceptable to the District for the ongoing payment of charges due under the approved Contract following subdivision of the property. The Applicant shall give notice to purchasers of all or any part of the subject property of the obligation of this Contract, and shall record such notice in the records of the Clerk and Recorder of Garfield County, Colorado. Applicant and his successors and assigns shall comply with all rules and regulations now existing or hereafter adopted by the District, including enforcing payment of charges due under the approved Contract by present and future owners of all or any part of the real property served under this Contract. 3. Any allotment of less than 1.0 acre foot of storage water in Paragraph 1 of the attached Contract shall be deemed 1.0 acre foot for purposes of establishing the annual water service charge for such water allotment. 4. Applicant has represented to the District that the proposed use of the land to be benefited by the water allotted hereunder has been approved by the applicable governmental authorities having jurisdiction over such land use and by executing the attached water allotment contract warrants to the District that the lot or parcel to be benefited hereunder is legally subdivided. 5. Any well permits issued on the basis of this Allotment Contract shall be applied for and issued in the name of the Applicant. 6. At Applicant's request, this water allotment contract supply and Applicant's structure(s) benefited hereunder have been included in the District's umbrella plan for 2014-2-7 Order to Contract No. 626 — 1 augmentation decreed in Case No. 02CW77 ("Umbrella Plan"). Applicant agrees to pay $2,250.00 as its pro rata share of the costs and expenses incurred by the District to obtain the Umbrella Plan contemporaneously with acceptance of this Order, unless otherwise agreed in writing by the parties, which amount is based on and limited to the type(s) and amount of water use made by Applicant as detailed in Exhibit B to the Water Allotment Contract. 7. This Contract is conditioned upon and water may be delivered hereunder only in conformity with a water rights plan of augmentation decreed by the Water Court of Water Division No. 5. Any and all conditions imposed upon the release and diversion of the water allotted hereunder in the decree of said Water Court shall be incorporated herein as a condition of approval of this Contract. Granting of this Allotment Contract does not constitute the District's representation that the Applicant will receive a well permit or water rights decree for the land to be benefited hereby. 8. If Applicant intends to divert water through a well or wells, Applicant shall provide the District a copy of Applicant's valid well permit for each such well before the District is obligated to deliver water for the benefit of Applicant hereunder. Applicant must comply with the well -spacing requirements set forth in C.R.S. §37-90-137, as amended, if applicable. Compliance with said statutory well -spacing criteria shall be an express condition of the extension of service hereunder, and the District shall in no way be liable for an Applicant's failure to comply. 9. The District may establish an augmentation plan fee to be paid by the holder of any contract to be benefited by a plan for augmentation filed by the District, which fee shall be payable within thirty (30) days following the District's statement(s) to the Applicant and may be based on the District's good faith estimate of the anticipated expense of such plan of augmentation. If such augmentation plan fee paid by a Contract holder exceeds the Contract holder's prorata portion of the actual expenses incurred by the District in completing said plan of augmentation, the District shall refund such excess to the Contract holder. h Approved this 'day of February, 2014. Attest: By: Secretary to the Meeting 2014-2-7 Order to Contract No. 626 BASALT WATER CONSERVANCY DISTRICT By: 2 on Boyer, Int B G BALCOMB & GREEN, Pc A FULL SERVICE LAW FIRM SINCE 1953 March 6, 2014 Via U.S. Mail to: Red Canyon Plaza, LLC c/o William J. Inverso 3768 Highway 82 Glenwood Springs, CO 81601 CHAD J. LEE, ESQ. Direct Dial 970.928.3469 Reception 970.945.6546 clee(6 balcornbgreen.corn Re: Basalt Water Conservancy District Allotment Contract No. 626 Dear Mr. Inverso: On February 11, 2014, the Board of Directors of the Basalt Water Conservancy District approved your application for a water allotment contract. I enclose three (3) copies of an allotment contract to each of which is attached the District's Order granting the application. Please sign all of the enclosed contracts before a notary and return one (1) fully executed signed contract to me in the enclosed envelope provided. (one copy is for your records, and the second is for obtaining a valid well permit, if needed, for water releases under the contract.) The effective date of the contract will be the date of the order granting application, but deliveries will not be made under the contract until we have received a fully signed copy thereof. Your particular attention is directed to the conditions to which the allotment contract is subject, including as set forth in the District's Order. Please read these documents carefully, as they contain requirements that you must satisfy before the District will deliver water under the contract. Also enclosed is a notice regarding the requirement of a valid well permit for water releases under the contract. A Memorandum of Water Allotment Contract, a copy of which is enclosed, will be recorded in Garfield County. Please forward a check to us in the amount of $16.00 payable to the Garfield County Clerk and Recorder for the recording fees. Please refer to paragraph 6 of the order granting application. In your application for this contract, you requested to be included in the District's umbrella plan for augmentation decreed in Case No. 02CW77 ("Umbrella Plan"). The District obtained this court -approved Umbrella Plan for the benefit of contractees like you, and the decree in this case allows the District to augment the depletions associated with your water use with the supplies available under this water contract. In order to be included in this plan for augmentation, the District requires that you reimburse a portion of its expenses in obtaining court approval of the plan. The District has determined that $2,250.00 is the Mailing Address '- Lk- n L L;reen.c, l Glenwood Springs Office Aspen Office UI"„ 0'r' peclor Rd. St,. 41l12i 4711.0'0.54(17 B&G To: Red Canyon Plaza, LLC Subject: BWCD Contract No. 626 March 6, 2014 Page 2 pro rata share of the costs and expenses associated with this contract and incurred by the District to obtain the Umbrella Plan. Additional information regarding the Umbrella Plan and its purpose is contained on the enclosed three-page memorandum from Resource Engineering, Inc. Please return a check payable to the District in this amount with the signed documents. If you require additional time to make this payment, please contact Melody Morris at Resource Engineering, (970) 945-6777, to discuss a payment plan. By resolution of the Board, the District's Order granting the application for allotment contract is effective for 90 days from the date of this correspondence. Please return one fully executed original contract, the $16.00 check payable to the clerk and recorder's office. In addition, please return the $2,250.00 check payable to the District for inclusion in the Umbrella Plan or contact Resource Engineering to discuss payment. If each of these matters is not resolved within 90 days from the date of this letter, the District will deem its Order withdrawn. In that event, you would need to reapply to the District and pay the customary application fee if you would like a contract with the District. If you have any questions, you are welcome to contact me or Resource Engineering, Inc. at (970) 945-6777. Very truly yours, BALCOMB & GREEN, P.C. By Chad J. Lee Attorneys for the Basalt Water Conservancy District CJL/bc Encls. xc: Edward B. Olszewski, Esq. (w/encls.) Glenn Hartmann From: Michael Prehm Sent: Thursday, February 27, 2014 11:28 AM To: inverso@sopris.net Cc: Glenn Hartmann Subject: Sign & Post "No Parking" Good Morning Bill, Just doing a follow up on our conversation from earlier this week. I will clean the ditch along CR 115 in front of the business, and install the no parking sign. We do need to charge you for the sign and post, see below. If you would check the sight distance in both directions at the driveway entrance to the County Road and cut, trim, any brush, trees or limbs that would hinder sight distance of 300 feet in each direction. I am copying Glenn so he is in the loop. $12.98 for the sign $19.60 for a metal post Total $32.58 Make check payable to Garfield County Road & Bridge and mail to: 0298 County Rd. 333A Rifle, CO 81650 If you have any questions please call me. Mike Prehm Garfield County Road & Bridge Foreman/Glenwood District (970) 945-1223 Office (970) 945-1318 Fax. (970) 618-7109 Cell 1 Glenn Hartmann From: Michael Prehm Sent: Monday, March 10, 2014 4:07 PM To: Glenn Hartmann Subject: Red Canyon Plaza Glenn, Bill Inverso paid us for the "no Parking" signs and they are installed. He's met his obligations to Road & bridge on his driveway access. Thanks Mike Prehm Garfield County Road & Bridge Foreman/Glenwood District (970) 945-1223 Office (970) 945-1318 Fax. (970) 618-7109 CeII 1 Glenn Hartmann From: Michael Prehm Sent: Thursday, February 27, 2014 11:28 AM To: inverso@sopris.net Cc: Glenn Hartmann Subject: Sign & Post "No Parking" Good Morning Bill, Just doing a follow up on our conversation from earlier this week. I will clean the ditch along CR 115 in front of the business, and install the no parking sign. We do need to charge you for the sign and post, see below. If you would check the sight distance in both directions at the driveway entrance to the County Road and cut, trim, any brush, trees or limbs that would hinder sight distance of 300 feet in each direction. I am copying Glenn so he is in the loop. $12.98 for the sign $19.60 for a metal post Total $32.58 Make check payable to Garfield County Road & Bridge and mail to: 0298 County Rd. 333A Rifle, CO 81650 If you have any questions please call me. Mike Prehm Garfield County Road & Bridge Foreman/Glenwood District (970) 945-1223 Office (970) 945-1318 Fax. (970) 618-7109 Cell RED CANYON PLAZA, LLC 3768 HIGHWAY 82 GLENWOOD SPRINGS, CO. -81601- To Whom It May Concern: Bill Inverso member of Red Canyon Plaza, LLC has completed all the paperwork needed to apply for a change from residential to a residential/commercial well permit as requested by Garfield County. I am in the process of obtaining the 600 foot well spacing release forms from the neighboring well permit holders which will then be sent on to the state for approval. SPECIAL NOTE: GEM is going to provide their own water source for the cultivation business at the above address. They are to obtain a water holding tank which they will have filled from an outside water source and will use this water for their cultivation business. Thank You, Bill Inverso it Jct " /3 VIII h'i� N�iMti���f�'� rite reit 1��������' tYET� �1���� ���� •I 11 Reception#: 841337 09/,9.9/20'3 09:25:26 RM Jean Rlberico 1 1 Rec Fee:$11.00 Doc Fee:0.00 GARFIELD COUNTY CO Garfield County STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of 4k) ?Uk , a Li orb f) ort. Co. (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is Kil) C4k> D) P < Q and is formed under the laws of 6T -A -M 6T-ATor CL .1)0 The mailing address for the Entity is 31 b 441 11-1ANIA\/ $� Lf -/J P .N7ti t5i VO. -' p1 The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is WILL./ ZA The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): NO Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED this 404 day of LI a i r�[Xs.? A , 20 ; . Signature: //! Name (printed):t a)/Z4,4Ie f LV l%` mac%'' n Title (if any): /& STATE OF ) )SS. COUNTY OF The foregoing instrument was acknowledged before me thisc)2 `day of }vv -Pia , 2c$3 by ti�'t�P1B�m Y_ ,onbehalf oflaid_ ii (J(G2A..b!!1 _ ,a r oc . o Witness my hand and official seal. My commission expires: (Date) (Notary Public)' ESEALI BONNIE RADTKE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134039695 MY COMMISSION EXPIRES JULY 22, 2017