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HomeMy WebLinkAbout1.0 ApplicationMUSHROOM ROCK ADU SECTION 1 GENERAL APPLICATION MATERIALS TABLE OF CONTENTS: LAND USE CHANGE PERMIT APPLICATION FORM PAGE 2 PAYMENT AGREEMENT FORM PAGE 4 GENERAL PROJECT DESCRIPTION PAGE 5 DEED PAGE 8 STATEMENT OF AUTHORITY PAGE 11 AUTHORIZATION LETTER PAGE 12 PROPERTY OWNERS WITHIN 200' PAGE 13 ASSESSOR'S MAP PAGE 14 BUILDING PERMIT FOR EXISTING RESIDENCE PAGE 15 SEPTIC PERMIT FOR EXISTING RESIDENCE PAGE 54 PRE -APPLICATION CONFERENCE SUMMARY PAGE 61 Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION = Administrative Review • Development in 100 -Year Floodplain • Limited Impact Review • Development in 100 -Year Floodplain Variance • Major Impact Review • Code Text Amendment • Amendments to an Approved LUCP ❑ LIR MIR ❑ SUP • Rezoning ❑ Zone District ❑ PUD ❑ PUD Amendment • Minor Temporary Housing Facility • Administrative Interpretation • Vacation of a County Road/Public ROW • Appeal of Administrative Interpretation • Location and Extent Review • Areas and Activities of State Interest • Comprehensive Plan Amendment • Accommodation Pursuant to Fair Housing Act • Pipeline Development • Variance • Time Extension (also check type of original application) INVOLVED PARTIE Owner/Applicant Name: Mushroom Rock Partnership, LLC / Caleb Edelman Phone: ( 970 Mailing Address: PO Box 1799 City: Carbondale State: CO zip Code: 81623 E-mail: colandmanager@gmail.com ) 618-2813 Representative (Authorization Required) Name: Derek Nunez Phone: ( 347 ) 421-3322 Mailing Address: PO Box 1392 City: Carbondale State: CO Zip Code: 81623 E-mail: studiodus@outlook.com ROJECT NAME AND LOCATION Project Name: Mushroom Rock ADU Assessor's Parcel Number: 2393 291 00 159 Physical/Street Address: Unaddressed property located off of State Highway 82 across from Aspen Glen Subdivision Legal Description: See Deed Zone District: Rural Property Size (acres): 5.63 Page 2 PROJECT DESCRIPTIO Existing Use: Residential- Household Living. Existing single -unit dwelling. Proposed Use (From Use Table 3-403): Dwelling Unit, Accessory. Description of Project: Construction of 3,000 square foot accessory dwelling unit. ADU is one-story with basement. Two off-street parking spaces will be provided. REQUEST FOR WAIVERS Submission Requirements B The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Landscape Plan - 4-203 F Section: Improvements Agreement - 4-203 K Section: Development Agreement — 4-203 J Section: Traffic Study - 4-203 L Waiver of Standards 0 The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. add, - Manager 4/17/17 Signature of Property Owner Date OFFICIAL USE ONLY _imilM File Number: _ _ _ _ - _ _ _ _ Fee Paid: $ Page 3 Garfield County PAYMENT AGREEMENT FORM GARFIEI_D COUNTY ("COUNTY") and Property Owner ("APPLICANT') ,4L 4 r u Rik E3r-7`rle-r-s‘'0.;dCC agree as follows: 1. The Applicant has submitted to the County an application for the following Project: _ frJl: 2, The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. 1 hereby agree to pay all fees related to this application: Billing Contact Person: -(; Phone: 4 j C Billing Contact Address: City: (1,2P -La/ State: _ zip Code: Billing Contact Email: [ /El-a"TT .*A1 zs, 2.r.f . t f Printed Name of Person Authorized to Sign: (. /e) r /L» .'-, 6 23- X/ (Signature) (Date) Page 4 MUSHROOM ROCK ADU GENERAL PROJECT DESCRIPTION Proposed project is located on 5.63 acre property on the east side Colorado State Highway 82, across from the Aspen Glen development. There is an existing single -unit dwelling on the property. We are seeking approval for a new 3,000 square foot accessory dwelling unit. The proposed ADU is one story with basement. Two off-street parking spaces will be provided for use by the ADU. There are no mineral owners on this property. Access is via a frontage road off of Colorado State Highway 82. A State Highway Access Permit has been secured that allows access for 2 single-family homes. See section 6 for a copy of the permit. The proposed location of the ADU is in an existing clearing with sparse plant cover. Around this existing clearing are juniper and pinyon pine trees. After construction native vegetation will be allowed to regrow in area around the ADU, except where specifically prohibited due to requirements of local fire district. The slope in the area of the proposed ADU footprint is between 20%-30%. There are no known geological hazards in the area of development. See photos on pages 2 and 3 of this document for some site context photos. Water for the site is currently provided by a well system. A well permit has been secured to increase the use of the existing well to satisfy needs of ADU. See section 4 for a copy of the well permit, well capacity test, and water quality test. Wastewater for the existing single -unit dwelling on the property is handled by a septic system. A new septic system will handle the wastewater needs of the ADU. See section 1 for a copy of the permit for the existing septic system and section 5 for a copy of the subsurface investigation and Onsite Wastewater System Design for a septic system for the proposed ADU. Project will comply appropriate regulations outlined in Article 7 of current Land Use Code. Some of the key requirements met are: • Two 9'x20' parking spaces per 7-302. • Minimum 12' wide driveway with maximum 12% slope from existing driveway to ADU per 7-107 and 7-302. • Exterior lighting will be downcast and shielded as needed to mitigate impact on adjacent properties per 7- 304. No hazardous or flashing lights will be installed. No exterior lighting will be installed over 40' high. • Any native vegetation removed within development area shall be replaced with native and/or desirable nonnative vegetation capable of supporting post -disturbance land use per 7-202. • Site design around ADU will facilitate positive drainage away from building per 7-204. • Slope development shall comply with 7-207.F • Compliance with Section 7-701 — Additional Standards for Accessory Dwelling Units. As shown on the LAND USE CHANGE PERMIT APPLICATION FORM we are requesting waivers for the following submission requirements: • Landscape Plan. We are requesting waiver since Section 7-303 states ADUs are excluded from Landscaping Standards. • Development Agreement. This project does not require Establishment of Vested Property Rights per Section 2-202. • Improvements Agreement. Public improvements are not required for this project. • Traffic Study. CDOT has already issued a State Highway Access Permit that allows access to the proposed ADU in addition to the existing dwelling unit. They have indicated a Traffic Study is not required. Page 1of3 Page 5 Page 2 of 3 Page 6 Page 3 of 3 Page 7 ■Ill h' 1 }4i1C1[111711114011_011 1riftin VOLT ick ti lid Recap*. or T. 747426 Q4/281200a 1f•56 aB AM Jean Alberkeo 1 of 3 Rec Fee $16 00 Doo F•'.•15.60 GARFIELD COUNTY CO 1!! 11111 II1III11111III111111!1111 SPECIAL WARRANTY DEED IRIS DEED, Made on this day of April 10, 2008 , between GLENWOOD LAND COMPANY, LLC, A COLORADO L)MITED LIABILITY COMPANY of the County of PITICIN and State of COLORADO , Grentor(s), and MUSHROOM ROCK PARTNERSHIP, LLC, A COLORADO LIMITED LIABILITY COMPANY STATE DOCUMENTARY FEE Date. April 10, 2006 S 15.00 whose legal address is ; P.O.130X )E253 ASPJ N, CO 8)612 of the County of )ITKlN and state of COLORADO , of the Grentee(s): WITNESS, That the Grantor, for and in consideration of the sus of 5150,000.00 ) 's'r One liundred Fifty Thousand and OD/100 *U* DOLLARS the receipt end sufficiency of whish is hereby acknowledged, has granted, bargained, cold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee(s), their hairs and assigns forever, aLL the real property, together with improvements, if any, situate, Lying and being in the County of GARFIELD and State of Colorado, described as follows: SBE EXHIBIT 'A" nrrAcuEo HERETO AND MADE A PART HEREOF e lso known as street number TED IiWY 82, CARBONDALE, CO 81623 TOGETHER with all and singular and hereditaments and appurtenances thereunto belonging, or in anywise appertaining e nd the reversion and reversions, resminder and remainders, rents, issues and profits thereof; and all the estate, right title interest, claim end demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s), their heirs, successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant, and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grentee(s), their heirs, successors and assigns, age nat all and every parson or persons claiming the whole or any part thereof, by, through or under the Grantor(s). E XCEPT GENERAL TAXES AAm A99a3aMZTT9 rost TEX 17011 J0Oe AND stmsnuZTP YEARS, AND EXCEPT THOSE ITJ:t09 A9 BET rosTR au RxazarT • a^ ATTACUED HERETO AND INC17RFORATED HKREXN. IN WI'i'NLSS WHEREOF the Grantor(s) have executed this deed en the date set forth above. GLENWOOD LAND COMPANY, LLC, A CQLORADO LCMI'l'ED '\ L KE' 1 LIABILITY COMPANY By: ROBERT DI1NflAN MACGREGOR, MANAGER 'd ?.r1' STATE OF COLORADO Jss. County of P1TEIN ) By, MICHAEL C. MAP ORNEY IN FACT The foregoing instrument wes acknowledged before ore on this day of Afirril10,1008 by MICHAEL C. MAPLE AS ATTORNEY IN FACT FOR ROBERT DUNCAN MACGRE 0R AS MANAGER OF GLENWOOD LANI] COMPANY. LLC. A COLORADO LLMITED LIABILITY COMPANY My commission expires Witness my hand end official seat. Name and Address of Person Creating Newly Created Legal Description ( 35-35-106.5, C.R.S.) When Recorded Return to: MUSNROOM ROCK PARTNERSHIP, LLC, A COLORADO LIMITED LIABILITY COMPANY GW63000601 P.C. ROH 11253 ASPEN, CO 91612 GW63000601 32 01/17/03 SPEC.Wo,OPEN WARRANTY DEED (Photographic -Open) (6203193) Page 8 111111616,17AN110,NTALIVAMANYVOW010,i 11011 Recept1onis: 741425 04120/2006 11 56 48 AK Joan A1CerIco 2 of 3 Rec ver 515.00 Doc Fue 15 00 GARFIELO COUNTY CO E?CHll3IT A A PARCEL OF LAND SITUATE IN LOT 1, SECTION 29, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND BRASS CAP L.S. 7734 IN PLACE FOR THE NORTHEAST CORNER OF SECTION 29, TOWNSHIP 7 SOUTH, RANGE 88 WEST, WHENCE A 8'OUND H.L.M. ALUMINUM CAP IN PLACE FOR THE EAST 1/4 CORNER ?OR SATO SECTION 29 SEARS S 00 DEGREES 27'51" W A DISTANCE 0? 2677. 86 FEST, WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE 5 00 DEGREES 27'51" W ALONG THE EAST LINE OF SAID SECTION 29 A DISTANCE OF 781.74 FEET TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY FOR COLORADO STATE HIGHWAY NO. 82; THENCE ALONG THE NORTHEASTERLY RIGHT OP WAY LINE FOR SAID COLORADO STATE HIGHWAY NO. B2 THE FOLLOWING 5 COURSES: 1) 28.11 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 3065.00 FEET AND WHOSE CHORD BEARS N 38 DEGREES 43'59" W A DISTANCE OF 28.11 FEET; 2) N 38 DEGREES 44'46" W A DISTANCE OF 310.40 FEET; 3) N 39 DEGREES 45'46" W A DISTAQNCE OF 360.00 FEET; 4) N 25 DEGREES 43'45" W A DISTANCE OF 206.20 FEET; 5) N 52 DEGREES 52'22" W A DISTANCE OF 105.26 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 29; THENCE S 89 DEGREES 13'51" E ALONG THE NORTH LINE OF SAID SECTION 29 A DISTANCE OY 621.94 FEET TO THE POINT OF BEGINNING COUNTY OF GARFIELD STATE OF COLORADO Form Ek1118ITl[ 01/17/03 G463D00601 Page 9 1111 't.15 I,t41141,I41,Gi11',h040Rl+61rh14 111111 Recap tlon#: 747426 0412812008 11.56•4B RM Jeer' Alberico 3 of 3 Rao Fas.3i6.Ofl Doc ree•15 GO GARFIELD COUNTY (N EXHIBIT ,B" Property Address! TBD HWY 82, CARBONDALE, CO 81623 RIGHT OF PROPRIETOR OF A VEIN OR LODE '1'O EXTRACT AND REMOVE I -US ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 27, 1892 IN BOOK 12. AT PAGE 140 RIGHT OF WAY POR DITCHES OR CANALS CONSTRUCTED BY THB AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 27, 1892 IN BOOK 12 AT PAGE 140 TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND EFFECTS O1 AGREEMENT RECORDED MARCH 9, 1987 IN BOOK 706 AT PAGE 827. TERMS, CONDITIONS AND PROVISIONS QF GARFIELD COUNTY RESOLUTION NO. 95-063 RECORDED AUGUST 10, 1995 IN BOOK 949 AT PAGE 323, TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED AUOUST 19, 1994 IN BOOR 912 AT PAGE 973. oVrnlM 3Af POWER LINES AS SIIOWN'ON IMPROVEMENT SURVEY PLAT PREPARED BY TUTTLE SURVEYING SERVICES DATED FEBRUARY 2, 2007 AND DATED MARCID 20, 2007. ANY BOUNDARY DISCREPANCY DUE TO THE LOCATION OF FENCE LINES AND THE EFFECT OF ANY RIGHT, TITLE OR INTEREST THAT MAY BE CLAIMED DUET TO ANY SAID DISCREPANCY AS SHOWN ON SURVEY MAP PREPARED BY TUTTLE SURVEYING SERVICES DATED MARCH 20, 2007. Form 100 B2EXH1aIT_ESCROLI.LEGAL 09)26/07 63000601 Page 10 Garfield County STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of TrA•- &: c L 1).3.)." , L1 G , a / a I r _ J �w- (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 1 L ., i. n s Viz.. j3 . L and is formed under the Taws of (o ISS zdL..) The mailing address for the Entity is P._ t1,3,r I 99 c 62 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 L ' /r t L-616-1.-7,Dtri 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"): Other matters 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 / 3 day of X Signature: !-L_----Zi„ �,-.— Name (printed): tf_ Title (if any): kilt-11.r— STATE ip-11.r— _ 20 / . STATE OF .�• j. COUNTY OF 46%1- ) The foregoing instrument was acknowledged before me this / S day of l�j� , 20 4� by C ^ Lc” 1, , on behalf of f� j =r. r Y% •s, r=1 `G•ti, it r f Witness my hand and official s=aI. My commission expires: V • E v /co ‘3,OT49y r !SEAL] t. AL/En .o of :io. ce 243.,E • (Date) Page 11 March 24, 2017 To Whom It May Concern: Derek Nunez may act in behalf of Mushroom Rock Partnership, LLC and Caleb Edelman in the processing of permit applications for a period of 1 year beginning on the date of this letter or until further notice. Thank you, Caleb Edelman, Manager Page 12 MUSHROOM ROCK ADU PROPERTY OWNERS WITHIN 200' Parcel 239316300954 239320101066 239329100159 ROW Physical Address Not available CARBONDALE Not available CARBONDALE Not available CARBONDALE Not available null Owner Account Num Mailing Address BUREAU OF LAND MANAGEMENT R043957 ASPEN GLEN HOMEOWNERS ASSOCIATION R830188 MUSHROOM ROCK PARTNERSHIP, LLC R111346 2300 RIVER FRONTAGE ROAD SILT, CO 81652 0080 BALD EAGLE WAY CARBONDALE, CO 81623 PO BOX 1799 CARBONDALE, CO 81623 Page 13 CGarfreld County Garfield County Land Explorer Garfield County, Colorado 239320101066 • 4 4l • 4 t �Not ■ T •A • P./ IP • fa det liatitir • r 1 1 239316300954 • 1 239329102030 23932910201" • y•••. • i 239329102011 239329102010 239329102012 • ..-P)k&■ ■ _r f !i R A• • E 011414 r •r •� ■ f ! r L{ i I ■ ilip .I r. •-' . 1 41 .'°v%r F r el""�; ►Fy ►e i ;4 4 Awe 13.1 oW • • r 1 % Is fi ,r. Garfield County Land Explorer Printed by Web User 1 inch = 376 feet 1 inch = 0.07 m iles 0 0.05 w 0.2 Miles Garfield County Garfield County Colorado www.g a rf field - co un ty. ca m Colorado Disclaimer Thisisa compilation of records as they appear in the Garfield County Offices affecting the area shown. Thisdrawng Is to he used only Inc reference purpasesand the County b not responsible for any Inaccuracies herein contained. tJ Copyright Garfield County, Colorado 1 All Rights Reserved Printed: 3/31/2017 at 12.13.55 PM Page 14 1 Project Address Garfield County Community Development Department 1088th Street Suite 401 Glenwood Springs. CO 81601 - Phone (970)945-8212 Fax: (970)384-3470 Parcel No. Pem7it Na. BLRE-3-13-2764 Permit Type: Residential Building Work Classitcaeion: New Permit Status: Active Issue Date: 3/1412013 Expires: 09/10/2013 Subdivision Section Hwy 82 CARBONDALE, CO 239329100159 ra.nnslilp Range Owner Information Address Phone Cell 1 Caleb Edelman 11253 P.O. Box Aspen CO 81612- (970)704-9128 (970)618.2813 11253 P.O. Box Aspen CO 81612- Contractor(s) Phone Primary Contractor ECOS Yes Proposed Construction 1 Details Single family dwelling. FEES DUE Fee Plan Check Fee Residential Building Fee Total: Amount $675 05 $1,038.55 $1,713.61 Valuation: Total Sq Feet: $107,592.00 1800 FEES PAID Inv Total Paytype Amt Paid Amt Due Inv # BLRE-3-13-22285 51,713.61 Check # 9705 Check # 9617 51,131.37 5582 74 $0.00 Required Inspections: For Inspections call 1(888)868-5306 tnspectlon IVR See Permit Record Building Department Copy Thursday, March 14, 2013 2 Page 15 GARFIELD COUNTY BUILDING PERMIT APPLICA`1'ION 108 8'a Street, Suite 401, Glenwood Springs, Co 81601 Phone: 970-945.82121 Fax: 970-384-3470 /Inspection Line: 970-384-5003 www.e.arfield-countN.com 1 r- Parcel No: (this information is available at the assessors office 970-945-9134) .323-Iv-o_o-IS? 2 lob Address: (if an address has not been arsigned, please provide Cr, Hwy or Street Name & City)or and legal description F t 3 lock No: Subd.l Exe• r a y Loi No: 4/4 4 Owner: (properly owner) A JuvsL*-Q1� L.4, re -whiz, L Mailing Address: . VI_D.1, t11,53 gtIf01(04 Mailing Address: •b. [1133 AplAt (t+ gilt Ph'11 7] tine q AD) C S [ 3 Ph- c77v) �Y-q110 Alt Ph: i4 } by -Yet 6 5 Contractor: Lal rjb tiiel es 6 Architect / Engineer C�� ddg14. t,. 1 Ku HA & 4s5�, Mailing Address:Il �t kApw,„ 4154' t rel frr ar �70)7i',5--,41:),5- AllPh: - ��a,S 7 Sq. R. of Building: /8o❑ Sq. Ft. or Aces of Lot: eight: Lf No. of Floors: 8 Use of Building: CSip t450 9 Describe Work: nry `` Deli" r , 10 Class of Work: Ii -New c Alteration o Addition 11 Garage: g<Attached ❑ Detached Septic RSDS ❑ Community 12 Driveway Permit: ` if 5-ee g.o 410-4r Owners valuation of Work: $ �jd,5; 1:12,°b -12,OCb /Lurhoriik. This application fora Building Permit must be signal by letter of authority, signed by the Owner, must be provided Lesrtl Access. A Building Permit cannot be issued without proof of legal NOTICE the Owner of tlx: propcny. dc cribed above. or an authorised with this Application. and adequate access to the propcny for purposes of inspections Electrical Permit, (2) County ISDS Permit, (3) another permh Discharge Pcrtrtit. k not commenced within 180 days of the dare or CERTIFICATION contained abase is true and correct l understand that the based upon my certification as is accuracy. a Building Permit will he issued granting permission my agents will comply with provisions of any faderal, siate I acknowledge that the Building Permit trey are not in compliance with County Regulation(s) or any described above, to inspect the work l further acknowledge if any, discovered after issuance, or 12) stopping construction work by the Building Department do stat cunstitutt an acceptance compliance with federal, state and local laws and County THE NOTICE & CERTIFICATION ABOVE l_ 2-.i .z �r 3 agent if the aignaiurc below is not that of the Owner, a separate by the Building Department. required for use on nlre property identified above, e.g. Sucre or issuance and if work is suspended or abandoned for a period of IltO Building Department accepts the Application, along with the plans w nit, as Owner. to construct the atruuure(s) and facilities detailed on or local law regulating the work and the Garfield County Building be suspended or revoked, upon notice from the Cnunny. dine location, other applicable law. that the issuance of the Building Permit does am prevent the or use of the stnseturefs) or facility(nes) if such is in violation of responsibility or liability by the Coeniy of mors. omissions Regulations rest with me and my authorized agents. including without Other Permits. Multiple separate permits nwy he required (1) State County Highway/Road Access or a State Wastewater Void Pernik. A Building Permit becomes null and void if the work authorized days aficr commencement. 1 hereby certify that I have read this Application and Ihnt the information and specifications and zither data submitted by me or on my behalf (subrmrtals), Assuming completeness of the svbininals and approval of this Application. the submittals reviewed by the Building Department. In consideration of the issuance of the Building Permit, I agree that t and Code. ISDS regulations and applicabk land use regulations (County Regulation(s)). cvratrucrioh or use of the structures) and facility(ies), described abosc. I hereby grant panassion to the Building Department to enter the property, Building Official from (1) requiting the correction of errors in the aubtrtittels, of County Regulations) or any ether applicable law. Review of this Application, including subtnilies. and inspections of Ilse or discrepancies. As the Owner. 1 acknowledge that responsibility for limitation my architect designer, engineer and(or builder. 1 HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND 1 S SIGNA URE DATE 3Jo+i/r3 STAFF USE ONLY Spedal Conditions: Adjusted Valuation: id7lc,,'9.°� Plan Check Fee: �7.3D,G, Permit Fee: h038.55 Manu Irorne Fee: - — 141isc Fees: ISDS Fee: To al Fees: I -r 13.61 Fes Paid: Ega.2(-11.131.37 Balance Due: III' Nn & Hue Date: ISDS No & Issued Date: ~,---- Setbacks:r I / F 50; X z.S, S/O OCC Group: ERC toast "Pope: =FC Zoning: BLDG DE1 • ,_.S _5/ 0_7 PENG DEP' : ...,,,,,,, • A ROVAL DATE age 1C AP ROVAL DATE The following items are required by Garfield County for a final Inspection: 1) A final Electrical Inspection from the Colorado State Electrical Inspector. 2) Permanent address assigned by Garfield County Building Department and posted at the structure and where readily visible from access road. 3) A finished roof; a lockable building; completed exterior siding; exterior doors and windows installed; a complete kitchen with cabinets, sink with hot & cold running water, non-absorbent kitchen floor covering, counter tops and finished walls, ready for stove and refrigerator; all necessary plumbing. 4) All bathrooms must be complete, with washbowl, tub or shower, toilet, hot and cold running water, non-absorbent floors, walls finished, and privacy door. 5) Steps over three (3) risers, outside or inside must be must have handrails. Balconies and decks over 30" high must be constructed to all IBC and IRC requirements including guardrails. 6) Outside grading completed so that water slopes away from the building; 7) Exceptions to the outside steps, decks, grading may be made upon the demonstration of extenuating circumstances., i.e. weather. Under such circumstances A Certificate of Occupancy may be issued conditionally. 8) A final inspection sign off by the Garfield County Road & Bridge Department for driveway installation, where applicable; as well as any final sign off by the Fire District, and/or State Agencies where applicable. A CERTIFICATE OF OCCUPANCY (C.O.) WILL NOT BE ISSUED UNTIL ALL THE ABOVE ITEMS HAVE BEEN COMPLETED. A C.U. MAY TAKE UP TO 5 BUSINESS DAYS TO BE PROCESSED AND ISSUED. OWNER CANNOT OCCUPY OR USE DWELLING UNTIL A C.U. 1S ISSUED. OCCUPANCY OR USE OF DWELLING WITHOUT A C.O. WILL BE CONSIDERED AN ILLEGAL OCCUPANCY AND MAY BE GROUNDS FOR VACATING PREMISES UNTIL ABOVE CONDITIONS ARE MET. I understand and agree to abide by the above conditions for occupancy, use and the issuance of a C.Q. for the building identified in the Building Permit. OWNERS SIGNATURE B app 1icaE i nndecembe r2D07 ,2 „5 - 3 DATE Page 17 VALUATION FEE DETERMINATION Applicant Mushroom Rock Partnership, LLC Subdivision N/A Address TBD Hwy 82, Carbondale Lot/Block N/A Date 3/12/2013 Contractor Caleb Edelman Finished (Livable Area): Main 900 sq.ft Upper sq.ft Lower sq.ft Other sq.Ii X $74.68 Total Square Feet 900 sq,ft Total Valuation Basement: Unfinished BASEMENT GARAGE 900 sq.ft X $41,00 Conversion of Unfinished to Finished sq.fl X $33.68 Other sq.!' X Total Valuation Garage/Storage (wood framed) sq.ft X $18.00 Conversion of garage to finished living sq.ft X $56.68 Carport sq.ft X $12.00 Other sq.ft X Total Valuation Crawl Space Total Valuation sq.ft X $9.00 Decks/ Patios/Porches Covered Entry 40 sq.ft X $24.00 Open 210 sq.f1 X $12.00 Other sq.h X Total Valuation Type of Construction: Occupancy: Total Valuation Commercial sf X sf- X sf X sf X sf X sf x 67,212.00 36,900.00 0.00 0.00 3,480.00 0.00 Total Valuation 107,592.00 Page 18 Building Plan Review Description of Work: Bin #: Location Address: "" "" CA RBON DALE CO General Information Contacts Case Manager: David Bartholornm Plan Case Number: BLDG -3-13-74% Parcel: 239329100159 Application Date: 03!06/2013 Owner: Caleb Edelman Applicant: Caleb Edelman Applicant Phone: (970)704-9128 Email: 1 Building Planning/Zoning Engineered Foundation Property Line Setbacks Driveway Permit 30f# Stream Setbacks Surveyed Site Pian Flood Plain Septic Permit and Setbacks Building height Grade/Topagraphy 30% Toning Sign -off Attach Residential Plan Review List Road impact Fees Minimum Application Questionnare HOA/DRC Approval Subdivision Plat Notes Grade/Topography 40% Fire Department Review Planning Issues Valuation Determination/Fees Red Line Plans/Stamps/Slicker Attach Conditions Application Signed Pian Reviewer To Sign Application Parcel/Schedule No. 40# Snowload Letter - Manu. Homes Soils Report Wednesday, March 13, 2013 Subdivision Plat General Comments: Page 19 Gech tiEpV.QRTH•PAWt A► A701 E( 1INr .� l May 19, 2010 ECOS Attn: Caleb Edelman P,O. Box 11936 Aspen. Colorado 81612 Job No.110081A Subject: Subsoil Study for Foundation Design, Proposed Residence and ADU, 5.63 Acre Parcel, Near Mushroom Rock, Highway 82, Garfield County, Colorado Dear Mr. Edelman: As requested, Hepworth-Pawlak Geotechnical, Inc. performed a subsoil study for design of foundations at the subject site. The study was conducted in accordance with our agreement For geotechnical engineering services to ECOS dated April 12, 2010 and verbally amended by Caleb Edelman on May 10, 2010 to include the residence site. The data obtained and our recommendations based on the proposed construction and subsurface conditions encountered are presented in this report. Evaluation of potential geologic hazard impacts and possible mitigation are beyond the scope of this study. Proposed Construction: The building plans for the proposed residence are conceptual. Typical construction in the area consists of 1 and 2 story wood Game structures above a crawlspace or walkout basement with an attached garage. Basement and garage floors would be slab -on -grade. The ADU will be 1 story wood frame above a walkout basement. Ground floor will be slab -on -grade. The building locations are shown on Figure 1. Cut depths are expected to range between about 3 to 10 feet. Foundation loadings for this type of construction are assumed to be relatively light and typical of the proposed type of construction. Driveway access will be from the existing dirt road near the northwest corner of the property. if building conditions or foundation loadings are significantly different from those described above, we should be notified to re-evaluate the recommendations presented in this report. Page 20 _2 - Site Conditions: The site was vacant of structures and is accessed by a dirt road from State Highway 82. Vegetation consists of pion and juniper trees, sage brash, grass and weeds. The site is located on a west facing hillside above State Highway 82. The ground surface slopes down at a grade of about 33 percent in the residence building area and 26 percent at the ADU site and varies from 22 percent to 38 percent across the lower part of the property. A debris flow several feet thick was observed to have knocked down a steel post and wire fence northeast of the ADU site. A deep debris flow channel was observed south ofthe residence site. Maroon Formation bedrock outcrops above the building areas on slopes greater than 45 percent. Boulders up to 8 feet in size were observed on the site. Subsurface Conditions: The subsurface conditions at the site were evaluated by excavating two exploratory pits at the residence site and two exploratory pits at the ADU site. Approximate locations of the pits are shown on Figure 1, The logs of the pits are presented on Figure 2. The subsoils encountered, below about 6 to 12 inches of topsoil, consist ofsilty sandy gravel with cobbles and boulders. Results of swell -consolidation testing performed on relatively undisturbed samples of silty sand with gravel matrix, presented on Figure 3, indicate low compressibility under existing moisture conditions and light loading and low to moderate compression under additional loading after wetting. One ofthe samples showed a low collapse potential (settlement under constant load) when wetted. Results of a gradation analysis performed on a sample of silty sandy gravel (minus 5 inch fraction) obtained from the site are presented on Figure 4. No free water was observed in the pits at the time of excavation and the soils were slightly moist to moist. Site Development: The development area appears to be impacted by rockfall and debris flow hazards. We recommend that the geologic hazards impacting the site be evaluated to determine the feasibility of construction and, if needed, mitigation plans be developed prior to building on the site. Provided the hazards are low or can be mitigated, construction on the site can be based o the following design recommendations. Foundation Recommendations: Considering the subsoil conditions encountered in the exploratory pits and the nature ofthe proposed construction, we recommend spread footings placed on the undisturbed natural soil designed for an allowable soil bearing pressure of 2,000 psf for support of the proposed residence and ADU. The matrix soils tend to compress after wetting and there could be some post -construction foundation settlement. Footings should be a minimum width of 16 inches for continuous walls and 2 feet for columns. Loose and disturbed soils and fill from site grading encountered at the lob No, 11 a 081 A c16gtech Page 21 _3 - foundation bearing level within the excavation should be removed and the footing bearing level extended down to the undisturbed natural soils. Holes below footing grade from boulder removal should be backfilled with concrete or structural fill such as % inch road base compacted to at Ieast 98% of the standard Proctor density. Exterior footings should be provided with adequate cover above their bearing elevations for frost protection. PIacement of footings at least 36 inches below the exterior grade is typically used in this area. Continuous foundation walls should be reinforced top and bottom to span local anomalies such as by assuming an unsupported length of at least 12 feet. Foundation wails acting as retaining structures should be designed to resist a lateral earth pressure based on an equivalent fluid unit weight of at least 50 pcf for the on-site soil as backfill, Floor Slabs: The natural on-site soils, exclusive of topsoil, are suitable to support lightly loaded slab -on -grade construction. To reduce the effects of some differential movement, floor slabs should be separated from all bearing walls and columns with expansion joints which allow unrestrained vertical movement. Floor slab control joints should be used to reduce damage due to shrinkage cracking. The requirements for joint spacing and slab reinforcement should be established by the designer based on experience and the intended slab use. A minimum 4 inch layer of free -draining gravel should be placed beneath basement level slabs to facilitate drainage. This material should consist of minus 2 inch aggregate with less than 50% passing the No. 4 sieve and less than 2% passing the No. 200 sieve. All fill materials for support of floor slabs should be compacted to at least 95% of maximum standard Proctor density at a moisture content near optimum. Required fill can consist of the on-site granular soils devoid of vegetation, topsoil and oversized rock. Underdrain System: Although free water was not encountered during our exploration, it has been our experience in the area that local perched groundwater can develop during times of heavy precipitation or seasonal runoff. Frozen ground during spring runoff can create a perched condition. We recommend below -grade construction, such as retaining walls, crawlspace and basement areas, be protected from wetting and hydrostatic pressure buildup by an underdrain system. The drains should consist of drainpipe placed in the bottom of the wall backfill surrounded above the invert level with free -draining granular material. The drain should be placed at each level of excavation and at least 1 foot below lowest adjacent finish grade and sloped at a minimum 1% to a suitable gravity outlet. Free -draining granular material used in the underdrain system should contain less than 2% passing the No. 200 JobNo. 110081A Gec&tech Page 22 -4 - sieve, less than 50% passing the No. 4 sieve and have a maximum size of 2 inches. The drain gravel backfill should be at Least 11/2 feet deep, Surface Drainage: The following drainage precautions should be observed during construction and maintained at all times after the residence and ADU have been completed: 1) Inundation of the foundation excavations and underslab areas should be avoided during construction. 2) Exterior backfill should be adjusted to near optimum moisture and compacted to at least 95% of the maximum standard Proctor density in pavement and slab areas and to at least 90% of the maximum standard Proctor density in landscape areas. Free -draining wall backfill should be capped with about 2 feet of the on-site, finer graded soils to reduce surface water infiltration, 3) The ground surface surrounding the exterior of the building should be sloped to drain away from the foundation in all directions. We recommend a minimum slope of 12 inches in the first 10 feet in unpaved areas and a minimum slope of 3 inches in the first 10 feet in pavement and walkway areas. Swales may be needed uphill to direct surface runoff around the structures_ 4) Roof downspouts and drains should discharge well beyond the limits of all backfill. 5) Landscaping which requires regular heavy irrigation should be located at least 10 feet from the building. Consideration should be given to the use of xeriscape to limit potential wetting of matrix soils below the foundation caused by irrigation. Limitations: This study has been conducted in accordance with generally accepted geotechnical engineering principles and practices in this area at this time. We make no warranty either express or implied. The conclusions and recommendations submitted in this report are based upon the data obtained from the exploratory pits excavated at the locations indicated on Figure 1 and to the depths shown on Figure 2, the proposed type of construction, and our experience in the area. Our services do not include determining the presence, prevention or possibility of mold or other biological contaminants (MOBC) developing in the future. If the client is concerned about MOBC, then a professional in this special field of practice should be consulted. Our findings include interpolation and extrapolation of the subsurface conditions identified at the exploratory pits and variations in the subsurface conditions may not become evident until excavation is performed. If conditions encountered during construction appear different from those described in this Job No. 110081A Page 23 -5 - report, we should be notified at once so re-evaluation of the recommendations may be made. This report has been prepared for the exclusive use by our client for design purposes. We are not responsible for technical interpretations by others of our information. As the project evolves, we should provide continued consultation and field services during construction to review and monitor the implementation of our recommendations, and to verify that the recommendations have been appropriately interpreted. Significant design changes may require additional analysis or modifications to the recommendations presented herein. We recommend on-site observation of excavations and foundation bearing strata and testing of structural fill by a representative of the geotechnical engineer. If you have any questions or if we may be of further assistance, please let us know. Respectfully Submitted, HEPWORTH - PAWLAK GEOTECHNICAL, INC. Louis Eller Reviewed by: Daniel E. Hardin, P.E LEElksw attachments Figure I — Location of Exploratory Pits Figure 2 — Logs of Exploratory Pits Figure 3 -- Swell -Consolidation Test Results Figure 4 — Gradation Test Results Table 1 — Summary of Laboratory Testing cc: Kurtz and Associates — Attn: Brian Kurtz Job No. 110 oS I A Gtech Page 24 BIN cit)PC ADU PI Proposed Round a Bout APPROXIMATE SCALE 1' =120' 110081A H Hepworth—Paw}ok Geotechnical LOCATION OF EXPLORATORY PITS Figure 1 Page 25 Z1) ✓ a o) 0 - 0 - 5 10 LEGEND: PIT 1 ELEV.= 8138' PIT 2 ELEV. = 8126' WC -5.3 Dd= t98 -203 = 36 PIT 3 ELEV.= 8132` WC=3.7 00=103 PIT ELEV.= 8144' II c +4=58 •2❑0=14 :�ai. J 0 5 10 • TOPSOIL; organic sandy silt and gravel with cobbles and boulders, loose to medium dense, slightly moist, reddish brown. ':a a! GRAVEL (GM); with cobbles and boulders, sandy, silty, medium dense, slightly moist, rad, angular rock. 0.; 2' Diameter hand driven finer sample. Disturbed bulk sample Practical digging refusal. NOTES; 1. Exploratory pits were excavated on Way 10, 2010 with a Cat 303.5C trackhce. 2. Locations of exploratory pits were measured approximately by pacing from features shown on the site plan provided. 3 Elevations of exploratory pits were obtained by interpolation between contours shown on the site plan provided and checked by hand level. 4. The exploratory pit locations and elevations should be considered accurate only to the degree implied by the method used. 5. The lines between materials shown on the exploratory pit logs represent the approximate boundaries between material types and transitions may be gradual. 6. No free water was encountered in the pits at the time of excavating. Fluctuation in water level may occur with time. 7. Laboratory Testing Results! WC = Water Content (%) DD = Dry Density (pcf) +4 = Percent retained on the No. 4 sieve -200 = Percent passing No. 200 sieve Depth - Feet 110 081A HEPWORTH•PAWLAK G EOTECHN1CAL LOGS OF EXPLORATORY PITS Figure 2 Page 26 Compression % Compression % 0 1 2 3 4 5 6 0 1 2 3 0 Moisture Content = 3.2 percent Dry Density = 106 pcf Sample of: Silty Sand with Gravel From: Pit 1 at 6 Feet Compression upon wetting 0.1 1.0 10 APPLIED PRESSURE - ksf 100 Moisture Content = 3.7 percent Dry Density = 103 pcf Sample of: Silty Sand with Gravel From: Pit 3 at 3 Feet No movement upon wetting 0.1 110 081A 1.0 10 APPLIED PRESSURE - ksf I-1 Hepworth—Pawtak Geotechnital SWELL -CONSOLIDATION TEST RESULTS 100 Figure 3 Page 27 ��:r��`��i�rv�a■� HYDROMETER ANALYSIS TIME READINGS U.S. STANDARD SERIES 24HHR. 7HR 0 45 MIN.16 MIN.60MIN19MIN,4 MIN. 1 MIN. 0200 0100 #50 #30 #16 #8 SIEVE ANALYSIS 1 CLEAR SQUARE OPENINGS #4 3/8" 3/4" 1 1/2' 3' 5'6' 8' 100 10 20 30 40 50 60 70 80 90 1 1- -J Lr t_ } t- 4 4 • 1 90 80 70 60 50 40 30 �0 10 100 �" _ r t 1 r 0 001 .002 .005 .009 .019 .037 .074 .150 .300 600 1.18 2.36 4.75 9.5 19.0 37,5 76.2 152 203 12.5 127 DIAMETER OF PARTICLES IN MILLIMETERS CLAY TO SU' GRAVEL 58 % LIQUID LIMIT % SAINC Fn 1 d1EONhi 1 COA SAND 28 % G PAYE 1NE I COARSE COBBLES SILT AND CLAY 14 % PLASTICITY INDEX % SAMPLE OF Silty Sandy Gravel with Cobbles FROM: Pit 4 at 5 to 7 X Feet 110 081A HE P W 0RYN•PAWL4K GEOTEC HN[C AL GRADATION TEST RESULTS Figure 4 Page 28 Job No. 110 081A SOIL OR BEDROCK TYPE Silty Sand with Gravel Silty Sand with Gravel 11 Silty Sand with Gravel ,--- Silty Sandy Gravel with II Cobbles UNCONFINED COMPRESSIVE STRENGTH (PSF) ATTEREERG LIMITS LIQUID PLASTIC LIMIT INDEX (%) (%) FN w Vl � in Crl 14 Q 0 Q4r 006,n.. N 5 ca 00 NATURAL DRY DENSITY (P�) d oa d\ 103 P2 N C�"i en[— V'i fr7 11 SAMPLE LOCATION 5to71 ai.1N i t+l e} Page 29 BSG BALCOMB & GREEN, PC A FULL SERVICE LAW FIR\1 -INCE 105; September 26, 2014 Via U.S. Mail to: Mushroom Rock Partnership, LLC c/o Caleb Edelman P.O. Box 1799 Carbondale, CO 81623 Chad .1. Lee, Esq. Re. Basalt Water Conservancu District Allotment Contract No. 645 Dear Mr. Edelman: On September 9, 2014, the Board of Directors of the Basalt Water Conservancy District approved Mushroom Rock Partnership. LLC's 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 need to be executed, notarized, and returned to me in the envelope provided and we will then record the same 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 Mailing Address Glenwood Springs Office Aspen Office Page 30 B&G ro. Mushroom Rock Partnership, i.l.0 September 25, 2014 Subac ct: BWCD Contract No. 645 Page court -approved Umbrella Plan for the benefit of contractees like yourself, 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 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, too 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 Garfield County 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 trom 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 one or Resource Engineering, Inc. at (970) 915-6777. Vere truly yours. F A I .(-OMB & GRI [• r:, P.C. By Chad J. Lee Attorneys for the Basalt Water Conservancy District CJLlbc Ends. Page 31 BASALT WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT NO. 645 Pursuant to C.R.S, § 37-45431 MUSHROOM ROCK PARTNERSHIP, 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 allotrnent 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 0.045 cubic feet of water per second from the District's direct flow rights and 0.4 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 2014.4.9 Contract No. 645.0 QC 1 Page 32 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. 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 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 70144•9 CantraR No c4.5 doc 2 Page 33 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 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 2014.9.9 Contrad No. WS.duc 3 Page 34 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 rnay, 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 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 7.0149? cantr,d No 645.doc 4 Page 35 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, 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. 20149-9 aniract No. 645 doc 5 Page 36 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. 13. NO FEE !TILE: 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-spadng 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 2014-4.9 Corlrac[ No. 64 5.doc 6 Page 37 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. 13y 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: Termination by District: 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 CIerk and Recorder's Office. The costs of recording the Memorandum shall be paid by Applicant. 2014-9-4 Contract Ni, 445.Goc 7 Page 38 APPLICANT: MUSHROOM ROCK PARTNERSHIP, LLC By: Name: fe. EJ J ih Title: Applicant's Address: P.O. Box 1799 Carbondale, CO 81623 Telephone No.: 970-618-2813 STATE OF CojDr4) ) ss. COUNTY OF6:-t ( ) Subscribed and sworn to before me this C f day of c..991all/ter , 2014, by %(eb din(/' as M47374----- of Mushroom Rock Partnership, LLC. �/ WITNESS my hand and official seal. My commission expires: �s�[Y I (, 2-0 1 WCAS R PATERS NOTARY PvEtlC • STATE CIF NOTARY ro 20144027339 f4 20)449 Con r ci No. 64S.doc 8 otary Public Page 39 EXHIBIT A A PARCEL OF LAID SITOATE 211 LOT 1, SECTION 29, TOWNSHIP 7 SOUT&. RANGE 88 WEBT OF THE SSETN PRINCIPAL HENIDIAl7. COUNTY OF GARFIELD, STATS OF COLORADO, HE1NO MORE PARTICULARLY GESCRIDED A8 POLLOWS% DEOINTINO AT A POS BRASH CAP L.B. 7734 IN FLAGS FOR THE NORTHEAST CORNER OF Bf3CTI09i 29. TOWNSHIP 7 SOUTH. FAN08 88 WEST, WHENCE A POUND] H.L.L. ALCI[Ii1U2 CAP IN FLAGS FOR 7RE EA87 1/4 CORNER FOR SAID SECTION 29 HEARS 8 00 DEOR8)6S 27'51. 91 A =STANCE OF 2677. 86 raw, WITH ALL 8EAPSNO9 CONTAINED 'HEREIN HEIHO. RELATIVE THERETO; THENCE S 00 DEGREES 27'51" k ALONO TEE FAST LINE OF SAID SECTION 29 A DISTANCE OF 781.74 FEET TO A POINT ON THE NORTHEASTERLY RIGHT OF NAY FOR COLORADO STATE HIGHWAY 110. 62; TREECE ALONG THE NORTHEASTERLY RIGHT OF WAY LINE FOR SAID COLORADO STATE KIOHWAY N0. 62 111E FOLLOWING 5 COURSES s 1) 28.11 FEET ALONO THE AEC OF A CVRVB CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 3065.00 PEST AND WHOSE CHORD SEARS 99 38 DEGREES 47'59. W A DISTANCE OP 28.11 FEET, 2) 9I 38 DEGREES 44'46• W A DISTANCE OP 310.40 FEET, 3) W 39 DEGRUS 45'46" 91 A DISTAONC3 OA 350.00 FEST, 4) N 25 DEGREES 43'46" W A PI9TANC8 OF 206.20 FEET; 5) N 52 DEGREES 52'22" W A DISTANCE OF 105.26 PRET TQ A POINT ON THE NORTE LINE OP SAID SECTION 29; THENCE S 69 DEGREES 13'51' S ALONG THE NORTH LINE OF SAID SECTION 29 A DISTANCE OF 621.94 FEET 70 TEE POINT OF BEGINNING COUNTY OF GARFIE.D STATE OF COLORADO Page 40 a N Water User ii 5 N 0 a 5 0 m E N E a Sr =m a Q c 2 2 i 2 2 i 2 2 2 i 2 x 2 Z 2 2 x' v. C Y. G4 C, LN g N h N m <(q 4 n P-1 TA OCvG❑GG4baPP 'm 0 c 000(0ocoaoo O 7 r^. c m N t 0 (7) (9) (9) (10) 410 'f12) [comedic Commercial Lawn Crop In -hoose or Other !rrlgaPon lmgation Llveslock TOTAL +a - 2 ro hlm n w ry4 o 00000.090900 ❑ o 6 o 6 6❑ c 0 0 o a o ..- n 6 E$EEEa$goS$E 600666666666 E O Q 6 C^ O C b b b 6 C 2555.5522 C] a c> ca ❑ O O 0 4❑(0 4 66666606.6666 ❑pp '7 7 gg ggEiE oaE'Eagl o ,6g 6 C 6 6 6 O 6 6 6 6 a 6 zi Y] V M5 V .7 R C. 1.0 Y 4i V 1i p O O i❑ CD ID g a a O Ci 4❑❑ 6 C G 4 ^3 CD 7 tO - ❑ -12 �nac,n❑r-m y r- p F II j Cp - g m❑ ...- 0 .'4Cp c ;.3. ti -, co 7 t/R1 h E 0 E O U 7,3,? -.- ❑ a+ GFa 0 o g i t Y N ry Y' C co 6 0 a 0 a 6 6 0 6(0 ap n 885858E58 8 4 C. 6 C. o• II O O G 6 6 O 6 C a ❑ QQ .p� QQ p¢ pq p pQ v 4 g g§ 9 g P G P g O GG6 6 6 C a 6❑ 6 O O i Q ID o ID o a c 9. c n a o go ❑avno 66ci a a6 04 v 6 6 6 6 6 6 O 6 O 6 O C G, QQ qq8 0 4 8 8 p G C C C C o o a a o v C a o o 6 4 rr�� q d- 0 v. O¢ g v.v. e g o g 6 ❑ 0669066❑0Q 92i 11 v 4 v o E y0%7 _E E a s 4 of Lwestock (11Lgals/Jay % CU for L1omesirc/Cnmmelcial 05 o.5 rsJP a N CP Elevation (feet) a 4 9. 6 ❑ CammerrIarldther Deman! hill to 0' m 0 0 cm C7 EXHIBIT B [V Page 41 ORDER GRANTING APPLICATION FOR ALLOTMENT CONTRACT MUSHROOM ROCK PARTNERSHIP, LLC CONTRACT NO. 645 Application having been made by or on behalf of MUSHROOM ROCK PARTNERSHIP, 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 0.045 cubic feet of water per second from the District's direct flow rights and 0.4 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. 2014-9-9 Ord r to ContrArt No. 635.doc 1 Page 42 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 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 statements) 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. 2 I4-9-41 Order to Cw'tfa. No &15. doc 2 Page 43 Approved this W day of September, 2014. Attest: By: Secretary to the Meeting ;nl I -•l -v 1.,114/0 en ['.ml fan Yu M5 d��c BASALT WATER CONSERVANCY DISTRICT By: -3- LJ1.. f Don Boyer, President Page 44 EXHIBIT A A PARCEL OP LAND SITUATE IN LOT 1, SECTION 29, TOWNS1i1P 7 SOUTH, RANGE 88 NEST OF THE SIXTH PRINCIPAL MERIDIAN. COMM OF GARFIBLD, STAT$ OF COLORADO, BEING MDRS PARTICULARLY DRSCRTHED AS POLLO►fg, BEGINNING AT A FOUND BRASS CAP L.S. 7734 IN PLACE FOR THE NORTHEAST CORNER OF SECTION 29, TOWNSHIP 7 SOULS, RANGE 98 NUT, MINCH A POS R.L.M. ALUMINUM CAP 137 PLACE POR 2MM EAST 1/4 CORNER POR BALD BEGTIOW 29 SEARS S 00 DEGREES 27'51" 91 A DISTANCE OF 2677, 85 FEET, WITS ALL HEARINGS CONTAINED HEREIN BEING =arm TEERSTO, THENCES 00 DEUR= 27'51" W AL092 TER RAS? LINE OP SAID SECTION 29 A DISTANCE OF 761.74 FEET TO A POINT ON TRE NORTHEASTERLY RIGHT OP MY FOR COLORADO STATE 8IOSWAY X10, 82, THENCE ALONG THE NORTHEASTERLY RIQRT OP WAY LINE FOR SAID COLORADO STATE HIGHWAY NO. 82 THS POLU7WIRQ 5 CDUR.BNSI II 28.11 FEST ALoNQ THE ARC OP A CURVE CORCAVH TO THE SOUTHWEST, HAVING A RADIOS Or 3065.00 FEET AND 1480SE CHORD HEARS N 36 MOUES 43'59° W A =MRCS 0P 28.11 PERT, 26 N 38 DEGREES 44'460 W A DISTANCE OF 310.40 FEET 3) N 39 DEOREEB 45'46" W A DISTAQRCE 0P 360.00 PEET, 4) 1a 25 C80Rx88 43'46' W A DISTANCE OP 206.20 FEET, 5) N 52 DEGREES 52'22" B A DISTANCE Or 105.26 FEET TO A POINT ON THE NORTH LIRE 0P SAID SECTION 291 =Ems 8 89 DEGREES 13'51" E ALCM TEE NORTH LINE OP SAID SECTION 29 A =STANCH OF 621.94 PES= TO TH3 POINT 0P OEOINHING 00122/Tr OF o . PIELD STATE OP COLORADO Page 45 BASALT WATER CONSERVANCY DISTRICT IMPORTANT If you divert water from a groundwater source (well) you must provide the District with a copy of a valid well permit from the Colorado Division of Water Resources (State Engineer's office). Without evidence of a permit, the District cannot request release of water from Ruedi Reservoir for your benefit. When a valid permit is obtained, please provide the District with a copy. Remember, if we do not have evidence of a valid permit, your structure will be considered "inactive" and water cannot be released for your benefit. Send permit information to: Resource Engineering, Inc. Attn: Melody Morris or Eric Mangeot 909 Colorado Avenue Glenwood Springs CO 81601 Questions: Resource Engineering, Inc. Eric F. Mangeot, P.E. (970) 945-6777 email: ericm u resource-eng.com Page 46 MEMORANDUM OF WATER ALLOTMENT CONTRACT STATE OF i_. -Gra rQ�-[ ! II ) ss. COUNTY of%;- /14- KNOW d KNOW ALL MEN BY THESE PRESENTS That, on the 9i11 day of September, ?0 14. Water Allotment Contract No. 645 was entered imo between the Basalt Water Conservancy District (the "District"} and Mushroom Rack Partnership, LLC ("Owner'). the owner of the real property described on Exhibit A ("Property") whereby the District granted the Owner the right to beneficially use water or water rights owned, leased, or hereafter acquired by the District on such real property located in the County of Garfield, State of Colorado (''Contract"). The Contract is subject to various conditions and obligations_ including an annual fee to the District. and which may also include well permit requirements of the Colorado Division of Water Resources and Water Court approval ofan augmentation plan or substitute supply plan. Assignment of the Contract to subsequent owners of the Property requires the District's consent and Applicant's payment of an assignment fee. Inquiries may be directed to: Basalt Water Conservancy District. c/o Christopher L. Geiger. Balcomb & Green. P.C., P.Q. Drawer 790, Glenwood Springs, Colorado 81602: Telephone: (970) 945-6546; Fax; (910) 915-8902, This Memorandum is subject to the terms and provisions otitic Contract which are incorporated herein by this reference. Upon recording, this Memorandum shall constitute notice to bona lide purchasers of the Contract affecting the above-described property. Date: q/—')/7 STATE OF 6101-sA COUNTY OF -a Q a ) ss. OWNER: MUSHROOM ROCK PARTNERSHIP. LLC By: o* _ ifdit er- Name: C� / z-IeIsy ✓ Title: .4 -tarn /- ACKNOWLEDGEMENT 4/ I &T The fore *oine instrument was acknowledged before inc this 5e, of I t bt•cn as i of Mushroom Rock Partnership, WITNESS my hand and official seal. My commission expires: - /y it 34/ LUCAS R rirYERS NOTARY PUBLIC - STATE OF CO .DRACIO NOTARY ID 20144027338 tory cCY UUSSION PARES JULY 11, MIS ?.(114. ,14,1 %k!,ir..n l pn.J !'Wotton •U.. 0454,0m Notary Public -1- AA! re.rorthlty. ult:.75-c return !o: Basalt Water Conservancy district do Holcomb ez Green, P.0 V.O. Drawer 790 Glenwood Springs, CO 81602 Page 47 EXHIBIT A A PARCEL OP LAND SITUATE IN 40T 1. SECTION 29, TOWNSHIP 7 SOUTH, RANGE 88 REST OF THE SIETE PRINCIPAL NERIDIAN, COUNTY OF GARFIELO. STATS OF CQLORAfl0, BRING MORE PARTICULARLY DESCRIBED AS FOLLDH81 BEGINNING AT A FOUND BRASS TAP L.S. 7734 IN PLACE FOR THE NORTHEAST CORNER OF SECTION 29. '9ORNZH28 7 SOUTH, RANGE 88 HEST, WHENCE A FOUND B.L.M. ALDMINVN CAR XII FLAGS FOR THE EAST 1/4 CORNER POR SAID SECTION 29 BEARS $ 00 DEGREES 27'51" H A DISTANCE OF 2677. 66 FEST. WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO THENCE 8 00 D84R3aS 27'31' W ALONG THE EAST LINE OF SAID 88CTIDN 29 A DISTANCE OF 761.74 98ET TQ A POINT ON THE NORTHEASTERLY RIGHT O9 NAY FOR COLORADO STATE EIGHwAY NO. 821 THENCE ALONG THE NORTEMAHTERLY RIGHT OF NAY LIN FOR SAID COLORADO STATE HIGHWAY NO. 82 THS FOLLORIN0 5 C00RHE8i 1) 28.11 FEST ALONG THE ARC OP A CORVE CONCAVE TO THE SOUTHWEST, HAYING A RADIOS OF 3065.00 FRET AND AH00E MORD SEARS H 36 DEGREES 43'59° W A DISTANCE OF 26.11 ',HETI 2) N 38 DEGREES 44'46° 1V A DISTANCE OP 310.40 FEST, 3) N 39 0E0RESS 45'46' R A DIETA0HCB OF 360.00 PEST/ 4) N 25 DEGREES 43'46" 91 A DISTANCE DP 206.20 PEET/ 5! N 52 DEGREES 52'22° R A DISTANCE OF 105.26 PERT TO A POINT ON THE NORTH LD1E or RAID SECTION 29r THENCE S 89 DEGRHE9 13151" H ALONG THE NORTH LINE OP SAID SECTION 29 A DISTANCE OP 621.94 9311? TO THE POINT OF BEGINNING COUNTY 09 OARF214LD STATE OF COLORADO Page 48 BASALT WATER CONSERVANCY DISTRICT P.O. Box 974 Glenwood Springs CO, 81602 (970) 945-6777 www.bwcd.org Dear BWCD Contractee: The Basalt Water Conservancy District ("District") is pleased to inform you that it has obtained a final decree in Case Number 02CW77, District Court, Water Division 5, which approves the District's plan for augmentation of depletions associated with your BWCD water allotment contract. The Colorado Division of Water Resources required the District to obtain this decreed plan for augmentation to provide its contractees, including you, with a legal water supply. Had the District not obtained this decreed plan, you would be required to apply to the water court to obtain your own plan for augmentation in order to use your District water supply. The terms of your water allotment contract with the District require that you reimburse the District for its costs of obtaining this plan for augmentation. As a result of the number of contractees included within the decreed plan, however, your proportionate cost is significantly lower than what you would have paid if you had applied to the water court individually for approval of a plan for augmentation. The following information may be helpful to you in understanding the basis for this assessment. FREQUENTLY ASKED QUESTIONS DO 1 NEED A PLAN FOR AUGMENTATION? Yes, without one the State Engineer's office will likely curtail your water supply during times when senior downstream water rights are not fully satisfied. In Colorado, water rights are administered by the State Engineer on a "first in time, first in right" basis. During low flow periods, limited water supplies are allocated first to the individuals and municipalities who were the earliest to adjudicate their water rights, some dating back to the 1800s. If the water available in river systems is inadequate to fully supply all adjudicated rights, the State Engineer's office must require junior water right holders to curtail or stop diverting altogether so that the senior rights will receive their allocated share. The water rights associated with your property, and benefitted by your contract with the District, are junior rights that would likely be curtailed to satisfy senior calls. One way to avoid administration of your rights during a senior call is through a plan for augmentation. A plan for augmentation provides a way to add water to the stream system to replace the depletions associated with your junior water rights. Your augmentation water supply is the water allotted to you under your contract with the District. Water court approval is required, however, in order for you to permanently utilize this supply. You could have either obtained a court -approved plan for augmentation on your own or participated in this plan adjudicated by the District. As explained below, it is more cost effective to participate in the Page 49 Basalt Water Conservancy District Case No. 02CW77 Plan Reimbursement Memo District's recently -completed plan for augmentation in Case Number 02CW77 than it would be to apply to the water court on your own. WH}' HAVE I BEEN ABLE TO DIVERT WATER WITHOUT A PLAN FOR AUGMENTATION UNTIL NOW? When you obtained your water allotment contract and began using water under it, your legal water supply was protected by operation of a substitute supply plan that was operated by the District with approval from the Colorado Division of Water Resources. This substitute supply plan, which the District applied to renew each year with approval from the State Engineer, allowed the District to use water stored in Rucdi Reservoir and from other available sources to replace depletions from your water use when a senior water right call was placed on the river. These releases compensated the river system for your junior diversions and allowed you to continue to use water at times when your use otherwise would have been curtailed. By law, the State Engineer's approval of the District's substitute supply pian extended only as long as necessary for the District to obtain court approval of this plan for augmentation. Now that the District has received its decree for the plan for augmentation for your contract, the temporary water substitute supply plan is no longer in operation. WHAT IS THE BASIS FOR THE COST REIMBURSErt9ENT FOR THE PLAN FOR AUGMENTATION? The District incurred substantial legal and engineering expenses to obtain court approval for this plan for augmentation. However, because the decree allows the District to augment the depletions of several hundred contractees, including yours, the expenses will be shared proportionately by all of the included contractees. Your assessment here represents a fraction of the cost you likely would have incurred had you sought court approval for a water right plan for augmentation on your own. It is not unconunon for individuals to pay from 512,000 to $20,000 in engineering and attorney fees to obtain water court approval for a plan for augmentation. The much -lower cost being passed along to you is a result of the efficiencies associated with obtaining simultaneous approval of one plan for augmentation for many District contract holders. Your reimbursement obligation for the plan for augmentation is also dependent on the scale and type of service under your contract with the District. For example, larger residential developments that are included within the plan will pay a proportionately higher reimbursement charge than the owner of a single home included within the plan. REMINDER: FLOW METERS ARE REQUIRED FOR ALL WELLS Please remember that the State Engineer, as part of its approval of the District's plan for augmentation and by statute, requires that all active wells and other diversion structures be equipped with a flow measuring device (flow meters); diversions must be recorded monthly and reported annually for all active contracts. Failure to report your water use as required may be a Page 2 Page 50 Basalt Water Conservancy District Case No. 02CW77 Plan Reimbursement Memo violation of the Court's decree approving this plan for augmentation. Accordingly, failure to provide this information to the District is grounds for cancellation of your water allotment contract. Please record your water use on a monthly basis on the form you are sent each October. If you no longer have this form, please contact Melody Morris at Resource Engineering to request a replacement form; the contact information for Ms. Morris' is provided below. The flow meters on active wells and diversion structures should read each month and recorded on this form; the completed form should be submitted to the District each year by November 14th. Please do not send your flow meter reporting form with your payment unless your well or diversion structure is inactive and will not be operated by October 313' of this year. If you do not have a flow meter on your well or diversion structure, please have one installed. Should you have any questions please do not hesitate to call or email either Eric Mangeot (ericmresource-eng.com) or Melody Morris (melody@resource-eng.com) at Resource Engineering, Inc., (970) 945-6777. Regards. Eric Mangeot, P.E., District Engineer Resource Engineering, Inc. Page 3 Page 51 O.J1 C3 4 0 c� CO 5 .. C Ago 104 1— w o 3 U 1 a Z Q o Q E 0 co as 1— .0 .0 m C C Q co . 1 caaiCO 63 z PAY T.OT1-1 ORI)I'R c�! f•xa.,y9fwn7 7xn1r.p =xr: i ■ a ru ru r1 0 0 ❑ J ■ ■ l i Page 52 ir C:$ ACCOUNT NO. 1.[SSWASY c Nt P z PAY It) '1-1 0 re skt7 1100) ['Or 34r113•3 Page 53 1 1 Project Address Garfield County Community Development Department 108 8th Street Suite 401 Glenwood Springs. CO 81801 - Phone (916}945-13212 Fax. (970)384-3470 Parcel No. Permit NO. SEPT -3-13-2765 Permit Type: Septic Permit Work Classification: New Permit Status. Active Issue Date: 3/14/2013 Expirs: 03/14/2014 Subdivision Section Township Range Hwy 82 CARBONDALE, CO 239329100159 Owner Information Address Phone Cell Mushroom Rock Partnership, LLC CO PO Box 11253 Aspen CO 81612- Contractor(s) Phone Primary Contractor ECOS Yes Proposed Construction f Details septic for new dwelling. FEES 1711E Feo Amount Septic Fee - New Total: $73 00 $73.00 Valuation: Total Sq Feet: $0.00 0 FEES PAID Inv Total Paytype Amt Pald Amt Due Inv # SEPT -3-13-22286 $73.00 Check # 9617 573 00 $0.00 Required Inspections: For i ns portions Garr = 1(888)868-5306 Inspection !VR See Permit Record Building Department Copy Thursday, March 14, 2013 2 Page 54 GARFIELD COUNTY SEPTIC PERMIT APPLICATION 108 8th Street, Suite 401, Glenwood Springs, Co 81601 Phone: 970-945-82121 f=ax: 970-384-34701 Inspection Line: 970-384-5003 WWW parfield-countv.com 1 Perk Fee: Parcel No: (ihis informalron is available at the assessors olice 970.945-41341 1393 —AR, - OD -157 _ 2 Septic Permit #: : v- ea'a-t4.6 Job Address: fit an address has not been assigned, please Set -A -1 -0•C -Al •TntOASI ' : P provide Cr, Hry of Street Name & Cetyl or and lege, description R�►pe : 88 P2 J 41.ea2i1r� .rl),of ISG ..) r1 Block No M4- 3 Lot Site. Lot Na: 63 actitA 4 Owner: ip:operry owne0 Ac4,t- P LL Mailing Address P.O.1 �y3 Ph: r -2— Alt Ph: — 1 5 Contractor; Cak4, Ede Malting Address p_o..►S 1rs-5-3 4 cd W/ Ph: ( 2 03 All Ph: 1#A) diI 2Ji 6 Engineer. Mailing Address h: Ph: 7 PERMIT REQUEST FOR: New InstallationAkeraiion �' ( ) ()Repair 8 WASTE TYPE: NOwelling ( )Transient Use ( )Commercial or industrial (1Nors- Domestic wastes )Other - Describe 9 BUILDING OR SERVICE TYPE: ,i f tiI Number of bedrooms 2 -•, Garbage Grinder ()Wes ( )No 10 SOURCE a TYPE OF WATER SUPPLY: (}WELL ( )SPRfNG ( }STREAM DR CREEK ( }CISTERN If supplied by COMMUNITY WATER, give name of supplier. 11 DISTANCE TO NEAREST COMMUNITY SEWER SYSTEM: we: sn effort made to connect to the Community System? Farr Nat fir Fal - .iwes VD YOUR INDIVIDUAL SEWAGE DISPOSAL SYSTEM PERMIT WILL NOT BE ISSUED WITH OUT A SITE PLAN 12 GROUND CONDITIONS: Depth la 1 n Ground Water Table /.2.o' t Percent Ground Slope /❑ Z 13 TYPE OF INDIVIDUAL SEWAGE DISPOSAL SYSTEM (ISDS) PROPOSED: r>11Septic Tank ()Aeration Plant ( )Vault ( )Vault Privy ()Composting Toilet ( )Recycling, Potable Use ( )Recycling, other use ( )Pit Privy ( }Incineration Toilet ()Chemical Toilet ( }Other- Descnbe 14 FINAL DISPOSAL BY: ( }Absorption Irench, Bed or Pit SkUnderground ( )Wastewater pond ( )0ther- Dispersal ( )Above Ground Dispersal ( )Evapatranspiratim ( }Sand filler Describe 15 WIII effluent be discharged directly Into waters of the state? ( )YES 01O 16 PERCOLAT1ON TEST RESULT: {lo be rompleled by Registered Proressbnat Engineer, it the Engineer does the Pereeialien Testi Minutes .23- per inch in hole No.1 Minutes ..? D per inch in hole No.3 No.� VCeO yX A7, Minutes 1 Y per inch in hole No.2 Minutes N! -per inch in hole Name, address & telephone of RPE who made soli Name, address 8 telephone of RPE responslbie A absorption test: fl4%,1(1,‘ re. 4019- t nae, e.# fi-,f' a f0 , Y for design of the system. ► /r 17 Applicant acknowledges that the completeness of the application is conditional upon such further mandatory and additional test and reports as may be required by the local health department to be made and furnished by the applicant or by the local health department for purposed of the evaluation of the application; and the issuance of the permit is sutecl to such terms and conditions as deemed necessary to insure compflancewith rules and regulations made, information and reports submitted herewith and required to be submitted by the applicant are or will be represented to be true and correct to the best of my knowledge and thief and are designed 10 be retied en by the local department of health in evalualing the same for purposes of issuing the permit applied for herein. 1 further understand that any falsification or misrepresentation may result in the denial of the application or revocation of any permit granted based upon said application and legal -.. 'on . . • as provided by law. OWNE S SIGNAT: -E DATE X73 6 &fr/f ect Fp, evAropif f T /zefi /lv4''r Cet>fie/mSffdon . 4LL'\ STAFF USE ONLY Permit Fee: 150 Perk Fee: Total reel: OD SvOD Building Permit al: + l eta ."o�ra{�.A Septic Permit #: : v- ea'a-t4.6 Issue Date: Building & P ning Dept: . .0----,--A-i—rA VI:_.095 APPROVAL IDA f'E Page 55 PERCOLATION TEST INSTRUCTIONS • The successful operation of your septic system depends on the rate the sell in which your leach field will be installed will accept water. • THIS IS CRITICAL If instructions are not followed completely, technician may not do the perk test and you will be charge a $50,40 fee for 2nd visit. • The rale of absorption is called the percolation rate and it determines the size of the leach field needed for a particular flow of sewage and in some cases even determines the feasibility of the installation of a septic tank and leach field system. • PERCOLATION TEST MUST BE DONE AT THE GROUND DEPTH WHERE ABSORPTION WILL TAKE PLACE. STANDARD LEACH FIELDS ARE INSTALLED THREE FEET DEEP, SO THE PERCOLATION HOLES ARE DUG FOUR FEET DEEP, AT LEAST 20 FEET APART, IN A TRIANGLE SHAPE, THE PERCOLATION TEST IS DONE IN THE BOTTOM ONE (1) FOOT OF THE HOLE Post Hole Backhoe Hole I+} 4 lay -1'r 1alv- dte4 A posthoie digger, auger or backhoe can be used to dig the percolation test holes. If a back hoe is used, dig the backhoe hole three (3) feet deep, with 2 steps or a ramp. Put a test hole one (1) foot deep and 8 to 12 inches in diameter in the bottom. Installation of absorption areas (i.e. drywelis) deeper than three (3) feet require the permission of the Environmental Health Department. All dry wells shall be designed by an Engineer registered in the state of Colorado. Saturation with water will affect the percolation rate, and since the system will be expected to operate when the soil is saturated with water, THE LOWER TEST HOLE MUST BE FILLED WITH WATER AT LEAST EIGHT (8) HOURS BEFORE THE TEST AND ALLOWED TO STAND. More water will be needed to perform the percolation test, so AT LEAST FIVE (5) GALLONS OF WATER PER HOLE SHOULD BE ON HAND WHEN THE TEST IS PERFORMED. AN EIGHT (B] FOOT PROFILE HOLE IN THE LEACH FIELD AREA IS REQUIRED BY THE STATE OF COLORADO TO DETERMINE THE PROXIMITY OF GROUND WATER AND BEDROCK. (One soil profile hole shall be drilled or dug to provide observation of the soil profile of the area of the soil absorption system. The hole shall be prepared at least eight (8) feet deep. The hole may be terminated when ground water or bedrock is encountered, The hole shall be prepared in such a way as to provide identification of the soil profile four (4) feet below the bottom of the soil absorption system.) if ground water is found In any perk or profile hole, an engineered systems fs required. Percolation rates faster than five (5) minutes per inch or slower than sixty (60) minutes per inch require engineered system and/ or Board of Health approval. Page 56 au SFAIcE 33 Four Wheel drive Rd Carbondale, CO 81623 970-309-5234 April 3, 2015 Caleb Edelman edel mancm Ca7yahoo.com Onsite Wastewater Treatment System (OWTS) Installation Observations TBD Hwy 82 Garfield County, Colorado Permit SEPT -3-13-2765 Caleb, Project No. 1731 ALL SERVICE septic, LLC observed the installation of the onsite wastewater treatment system (OWTS) on June 19, 2014 and April 2, 2015 for the subject property. The installation included a new 1000 -gallon, two-compartment Precast Concepts® concrete septic tank. Both the inlet tee and outlet tee with effluent filter were installed at the time of our observations. The effluent filter must be cleaned annually, or as needed. The effluent pipe from the septic tank to the drywell runs down the driveway. We did not observe the installation of this pipe, but did recommend Schedule 40 pipe or better in a trench bedded with screened rock and a minimum fall of 1%. For greater protection from freezing, we recommended placing Blue Board insulation over the pipe. Effluent gravity flows to a drywell 12' x 12' x 10 -feet, with the depth of the drywell measured below the inlet pipe. Total square footage of the drywell is 624 square feet. The OWTS was generally installed according to specifications. This observation is not a guarantee of workmanship and/or parts and materials. ALL SERVICE septic, LLC should be notified if changes are made to the OWTS in the future. Any additional OWTS construction must be according to the county regulations. LIMITS: Observations are limited to components that are visible at the time of the inspection. The installer must have documented and demonstrated knowledge of the requirements and regulations of the county in which they are working. The quality of the installation is dependent of the expertise of the installer, soil type, and weather conditions. Please call with questions. Sincerely, ALL SERVICE septic, LLC Owe O-i(Ag Cada Ostberg, MPH, REHS Page 57 Clean out Clean out Inlet tee Outlet tee with effluent filter Page 58 Trench fro septic tank to drywell running down driveway Installation of drywell, in progress Drywell with cast iron lid and boulders surrounding for protection. Page 59 + GPS COORDINATE$: z 0 0 ens ow § Iz 2 I§§ E^"- oi 1.4 §)/ ■CEoo §\-L-0- Li § n cJ \ I §k§ rA 6 2/d § 2k[ § .2 x Z w } » 0 i RECORD ORAWVNG — .440 -- Page 60 Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2393-291-00-159 OWNER: Mushroom Rock Partnership, LLC REPRESENTATIVE: Caleb Edelman / Derek Nunoz 347-421-3322 PRACTICAL LOCATION: SH 82 across from the east end of Aspen Glen TYPE OF APPLICATION: Land Use Change Permit for ADU — Administrative Review DATE: June 21, 2016 I. GENERAL PROJECT DESCRIPTION Applicant seeks to construct an Accessory Dwelling Unit (ADU) on the 5.63 -acre parcel located south of Glenwood Springs on the east side of SH 82 across from Aspen Glen. A single family home currently exists on the site. Access is via a frontage road off of the state highway, however the applicant will be required to consult with CDOT on the requirement for a State Highway Access Permit. The site is currently served by a well and septic system. The applicant will need to demonstrate that the current well permit is sufficient to legally serve and additional dwelling unit and that the well is physically capable of yielding both a sufficient supply of potable water and a supply that meets the safe water drinking standards to serve a residential unit. Sanitation is provided via an Onsite Wastewater Treatment System (OWTS) to serve the single family home, the applicant will need to determine if an additional OWTS is required for the ADU. Sufficient information will be required that the site is capable of supporting an additional OWTS. The Administrative Review Process requires that the Applicant demonstrate compliance with the LUDC and the standards contained therein. Page 61 II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Garfield County Land Use and Development Code, as amended (LUDC): Section 4-101 Common Review Procedures Section 4-103 Administrative Review Section 4-201 Application Materials Section 4-203 Description of Submittal Requirements Article 7 Standards, Divisions 1, 2 and 3 Section 7-701 Accessory Dwelling Unit Standards III. REVIEW PROCES The process to accommodate this request requires a Land Use Change Permit - Administrative Review process pursuant to the LUDC. A. Pre -application Conference. B. Application Submittal (three paper copies and one electronic copy — cd or thumbdrive). C. Determination of Technical Completeness. D. Schedule Director decision date and provide documentation regarding notice requirements. E. Request sent to referral agencies for review and comment. F. Evaluation by Director/Staff resulting in a Staff Report to the Director. G. Director decision - resulting in a recommendation for approval, approval with conditions or denial. H. 10 -day Call-up period. I. Satisfaction of conditions, if any. J. Issuance of Land Use Change Permit. IV. PUBLIC HEARINGS AND NOTICE Public Hearing notices shall be mailed pursuant to Section 4-101.E. Referrals will be sent to the following agencies: Road and Bridge City of Glenwood Springs Town of Carbondale Carbondale Fire District Aspen Glen HOA Vegetation Management CDOT Division of Water Resources Others as may be determined upon review of the application materials V. SUBMITTAL REQUIREMENTS Table 4-201 lists submittal requirements including: • General application materials o Application form and fee o Agreement to pay form Page 62 o General Project Description — Narrative of the request, can include information such as vegetation, slope and other issues listed in the Impact Analysis o Copy of Deed o Statement of Authority for Mushroom Rock Partnership LLC, naming an individual authorized to act on behalf of the LLC o Letter of Authorization from person named in the Statement of Authority allowing Derek to be a representative in the application process o Names and mailing addresses of an mineral owners of the property o Names and mailing addresses of all owners of property within 200' of the subject parcel o Assessor map indicating location of the above properties o Copies of existing building and septic permits o Copy of the pre -application form • Vicinity Map • Site Plan (4-203D) • Grading and Drainage Plan (4-203E) • Landscape Plan (4-203F) • Impact Analysis (4-203G) • Water Supply and Distribution Plan (4-203M) including a copy of information related to existing and proposed well permits, pumping reports and water quality analysis • Wastewater Management Plan (4-203 N) including copy of existing permits — proposal to build new or use existing, soil studies • Traffic study (4-203L) — a Basic Traffic Analysis — An ADU creates approximately 10 vehicle trips per day on average how will this impact the state highway? Correspondence from CDOT, and copy of existing access permit. • Development Agreement (4-203 J.) • Improvements Agreement (4-203 K.) Request for Waivers — it would appear to be appropriate for Applicant to request waiver of the following submittal items: Landscape Plan - 4-203 F. Development Agreement — 4-203 J. Improvements Agreement — 4-203 K. The request for waiver is on the second page of the application form, please provide a brief explanation on why the waiver is appropriate. This could be included in the project narrative. VI. APPLICATION REVIEW FE This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ 250.00 Plus additional Staff time at hourly rate of $40.50 Referral Agency Fees: $ Engineering review/hourly Total Deposit: $ 250.00 Page 63 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. June 21, 2016 Kathy Eastley, AICP Date Page 64 Application Submittal 3 Hard Copies 1 Digital PDF Copy (on CD or USB stick) Both the paper and the digital copy should be split into individual sections. Please refer to the list included in your pre -application conference summary for the submittal requirements that are appropriate for your application: a General Application Materials ■ Vicinity Map ▪ Site Plan ■ Grading and Drainage Plan ■ Landscape Plan ■ Impact Analysis ■ Traffic Study ■ Water Supply/Distribution Plan ■ Wastewater Management Plan ■ Article 7 Standards Please utilize this format for your hard copies and the disk or thumb drive. Page 65 MUSHROOM ROCK ADU SECTION 2 MAPS AND PLANS TABLE OF CONTENTS: VICINITY MAP PROPOSED ADU PLANS PAGE 2 PAGE 3 MUSHROOM ROCK ADU VICINITY MAP ASPEN GLEN \ 1 SITE \J /G, Page 2 cyp M T CARBONDALE Page 1 of 1 - EXISTING FLOWLINE DITCH 1 Page 3 N ti VICINITY MAP 0 0 Aspen Glen \ I SITE Roa Coryell NOTE: THIS DRAWING IS TO SCALE ONLY IF PRINTED ON 22X34 SHEET MUSHROOM ROCK PARTNERSHIP LLC DOCUMENT DATE: 04.14.2017 DOCUMENT PHASE: LAND USE CHANGE PERMIT rev. date remark SITE PLAN A1.1 6112' ---- PROPOSED -- PROPOSED DRIVEWAY SLOPE : ±10% (12% MAX) ROCKERY TO BE PROVIDED EACH SIDE OF DRIVEWAY AS NEEDED PROPOSED CONTOURS (SHOWN DASHED) EXISTING CONTOURS (TYP UON) 6103.5' 6103' 6109' FG 6103.25' 6103' FG 6102.75' 6102.5' FG PROPOSED ADU FOOTPRINT (EXTENT OF EXCAVATION) AL 6095' BTM OF Y FOOTINGS DIRECTION OF DRAINAGE. EXISTING CONTOURS/SLOPE WILL BE UTILIZED TO FACILITATE POSITIVE DRAINAGE AWAY FROM STRUCTURE 6107' FG 1 PRELIMINARY DRAINAGE/GRADING PLAN A1.2 1" = 20' © studjo.d THE USE OF THESE PLANS AND SPECIFICATIONS IS RESTRICTED TO THE ORIGINAL SAE FOR WHICH THEY WERE PREPARED. RE -USE, REPRODUCTION OR PUBLICATION BY ANY METHOD IN WHOLE OR IN PART IS PROHIBITED, UNLESS AUTHORIZED BY STUDIO.D. OWNERSHIP OF THE DESIGN, PLANS AND SPECIFICATIONS IS SOLELY WITH STUDIO.D. N NOTE: THIS DRAWING IS TO SCALE ONLY IF PRINTED ON 22X34 SHEET studio.d PO BOX 1392 CARBONDALE, CO 81623 TEL: 970.236.1898 WWW.STUDIO-D.US MUSHROOM ROCK PARTNERSHIP LLC DOCUMENT DATE: 04.14.2017 DOCUMENT PHASE: LAND USE CHANGE PERMIT rev. date remark GRADING AND DRAINAGE PLAN A1 .2 • 33'-0" 15'-3" 6'-6" 11'-3" BEDRM DN LIVING ENTRY UP DN MUDROOM MECHN ti N • I 7- C 1 BATHifir 0 LINEN 5'-0" INSULATED CONCRETE BLOCK (SHOWN HATCHED, TYP) WET BAR X x FIRST FLOOR PLAN 1/4" = 1'-0" first floor area: 1,452 sf N 1'-6" 15'-3" 33'-0" 7'-21/2" i 10'-61/2" co Q LU uJ '= vuJ J U -I w z I- Cr)c Q CC J zJ o� 3'-0" IVA rd J rIo op VA r." KITCHEN DINING LIVING 18'-4 1/2" BEDRM #1 BATHRM uI BEDRM #2 MASTER BEDRM 11'-1 1/2" 3 N N N N M Cr, 3'-6" SECOND FLOOR PLAN 1/4" = 1'-0" second floor area: 1,548sf c� studio.d THE USE OF THESE PLANS AND SPECIFICATIONS IS RESTRICTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED. RE -USE, REPRODUCTION OR PUBLICATION BY ANY METHOD IN WHOLE OR PART IS PROHIBITED, UNLESS AUTHORIZED BY studio.d. OWNERSHIP OF THE DESIGN, PLANS, Al SPgCIFICATIONS IS SOLELY WITH studio.d NOTE: THIS DRAWING IS TO SCALE ONLY IF PRINTED ON 22X34 SHEET studio.d PO BOX 1392 CARBONDALE, CO 81623 TEL: 970.236.1898 WWW.STUDIO-D.US MUSHROOM ROCK PARTNERSHIP LLC DOCUMENT DATE: 04.14.2017 DOCUMENT PHASE LAND USE CHANGE PERMIT rev. date remark FIRST AND SECOND FLOOR PLANS A2.1 N 1- STEEL BEAM AS NEEDED STEEL BEAM AS NEEDED co SECTION 1/4" = 1'-0" HEIGHT OF CONCRETE BLOCK VARIES AT EAST AND SOUTH ELEVATIONS ROOF FRAMING I 100 CEILING FRAMING TJI FLOOR SYSTEM INSULATED CONCRETE BLOCK TYP BOTTOM OF EXISTING EXCAVATION B SECTION A3.1 1/4" = 1'-0" VAULTED CEILING TYP AT SECOND FLR EXISTING GRADE ®studio.d THE USE OF THESE PLANS AND SPECIFICATIONS IS RESTRICTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED. RE -USE, REPRODUCTION OR PUBLICATION BY ANY METHOD IN WHOLE OR PART IS PROHIBITED, UNLESS AUTHORIZED BY studio.d. OWNERSHIP OF THE DESIGN, PLANS, ANpaeFICIFICATIONS IS SOLELY WITH studio.d NOTE: THIS DRAWING IS TO SCALE ONLY IF PRINTED ON 22X34 SHEET studio.d PO BOX 1392 CARBONDALE, CO 81623 TEL: 970.236.1898 WWW.STUDIO-D.US CT N CY) rn CO N 0 MUSHROOM ROCK PARTNERSHIP LLC DOCUMENT DATE: 04.14.2017 DOCUMENT PHASE LAND USE CHANGE PERMIT rev. date remark BUILDING SECTIONS A3.1 STANDING SEAM METAL ROOF North Elevation 1/4" = 1'-0" STUCCO Ill ..in�C1:1a I11 I 1 hi "mem `M 11� rrrrt11ME1110 smisumnamq= ea --mel p1z1lavimintI:v.vIC1cylr. 1 J11111111111111111111111 EFII6 ..1111111111111111111 wai ` mrro men real1 m11zmm11m1=1=1=1niz11n11 2 West Elevation A4.1 0 studio.d THE USE OF THESE PLANS AND SPECIFICATIONS IS RESTRICTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED. RE -USE, REPRODUCTION OR PUBLICATION BY ANY METHOD IN WHOLE OR PART IS PROHIBITED, UNLESS AUTHORIZED BY studio.d. OWNERSHIP OF THE DESIGN, PLANS, ANP SePCIFICATIONS IS SOLELY WITH studio.d 1/4" = 1'-0" L�LIL1 1 NOTE: THIS DRAWING IS TO SCALE ONLY IF PRINTED ON 22X34 SHEET studio.d PO BOX 1392 CARBONDALE, CO 81623 TEL: 970.236.1898 WWW.STUDIO-D.US 1111I.FIR IIIM R IIIINSITIFri. HIP 110 DOCUMENT DATE: 04.14.2017 DOCUMENT PHASE LAND USE CHANGE PERMIT rev. date remark EXTERIOR ELEVATIONS A4.1 4 1 ICBC1C 1=1=1CI • 1C1C1C1Cr 1=1©1=11=0 -Et1i MENEM MENU r 1CraCldC11ES=1CC OCrdC1 - =1=11:111C1C1Z1=111=1C 11C1=11=1=11O1:311C1= 11 1C1= - C1 l El1=I=IMEM 112111211I=I =1 m1z11z11z11z11 _ z11z11m1z11mm11m1z11r11r11r11r11r11r11r11r11r1ur11r11onr11r11r11r11r11r11r1mm1z11z SOUTH ELEVATION 1/4" = 1'-0" EY) i 1=1_4111.11111=1=111=1=1=11-.0., 1=11=1.1111N=11:11=11=1=11=11= NZ NZ CIC NICIICC1C1C1CIINICN 1=1 1 1101 1 1 j 1��1m1 X1It!I1ICI 11E1� �1a1N�1�11is11"nCI r.:1=11== ICICIINU! lliumuniim 11u11C1ssm11111N11 ieLa 11=1 M 1+1 dCICed .11111mmimmil=m1 I/ 4- r-. .-r T T T T 1 .M. CrC1C1C 1=1111=111C11 T �T 1 +I ,L 1 1 LEI La I _El 1 1 ' I.i H H Y1iYi1ei 1.: FA I.1'1.: 2 EAST ELEVATION A4.2 1/4" = 1'-0" © studio.d THE USE OF THESE PLANS AND SPECIFICATIONS IS RESTRICTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED. RE -USE, REPRODUCTION OR PUBLICATION BY ANY METHOD IN WHOLE OR PART IS PROHIBITED, UNLESS AUTHORIZED BY studio.d. OWNERSHIP OF THE DESIGN, PLANS, ANpaePECIFICATIONS IS SOLELY WITH studio.d I _.E1 I±I tz11 1 1+4 1+1 11211121111=112111211d III_1=IIHIHIHIHIHIHIH NOTE: THIS DRAWING IS TO SCALE ONLY IF PRINTED ON 22X34 SHEET studio.d PO BOX 1392 CARBONDALE, CO 81623 TEL: 970.236.1898 WWW.STUDIO-D.US U w N J co < Q O CC 2 m 2 U O) T CT N Cs, ) CS, CO CV 0 1111I.FIR IIIM R IIIINSITIFri. HIP 110 DOCUMENT DATE: 04.14.2017 DOCUMENT PHASE LAND USE CHANGE PERMIT rev. date remark EXTERIOR ELEVATIONS A4.2 W1 M.- IC1 �: - I T T T T 1 .M. CrC1C1C 1=1111=111C11 T �T 1 +I ,L 1 1 LEI La I _El 1 1 ' I.i H H Y1iYi1ei 1.: FA I.1'1.: 2 EAST ELEVATION A4.2 1/4" = 1'-0" © studio.d THE USE OF THESE PLANS AND SPECIFICATIONS IS RESTRICTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED. RE -USE, REPRODUCTION OR PUBLICATION BY ANY METHOD IN WHOLE OR PART IS PROHIBITED, UNLESS AUTHORIZED BY studio.d. OWNERSHIP OF THE DESIGN, PLANS, ANpaePECIFICATIONS IS SOLELY WITH studio.d I _.E1 I±I tz11 1 1+4 1+1 11211121111=112111211d III_1=IIHIHIHIHIHIHIH NOTE: THIS DRAWING IS TO SCALE ONLY IF PRINTED ON 22X34 SHEET studio.d PO BOX 1392 CARBONDALE, CO 81623 TEL: 970.236.1898 WWW.STUDIO-D.US U w N J co < Q O CC 2 m 2 U O) T CT N Cs, ) CS, CO CV 0 1111I.FIR IIIM R IIIINSITIFri. HIP 110 DOCUMENT DATE: 04.14.2017 DOCUMENT PHASE LAND USE CHANGE PERMIT rev. date remark EXTERIOR ELEVATIONS A4.2 „i, `<i I \ 0 0 \ \\\ \). I ) \1 '' \ / 4 I\ Edge or Road Elev. at Edge of Pavement 942.56' Spot Elevation 6043.30' -9 i i Fouhd A/u,�oir%u NW L1 S2‘' I N8 2110 12.7 t� r Found, Rebar & Cap L.S. No. 12935 co co Vicinity' Nap 111=-- 500' -0 Aspen Glen \k' \\1\\,1/04u t\>r\aNn \\\\\\. \\\ \ A 5.6'3 Acre Parcel situated in Lot 1, Section ,ZJ, Township 7 Soul4 Range 88 Nest of the Sixth P.�1. Couraty of Garfield, State of Colorado ,Sec tion ,20 10' Side Yard Setback Line (or 1/2 height of building whichever is greater) 621.94 S8973'51"E Spot Elevation 6051.53' 4 s �Cor,�ell 44.59' Sec tion 29 246.90' N- - - - N\\\\\ \\\A ,�\\\\\ ��x��\ ,\11'�I1\� 5. 63 Acres ��`��„\'°°b\7\\\\\\\',\� SII \\I � \\\ � \\\ �1 X11\`� �\')). f \\ 1\ \\\\\ \\))11 I A .1'1\ 0\\\\\\\\ \\\\\11 \\\III//I� llli��1�c((\�\��j�\�jjl, \ / 1((\\\\V \\ ' ' / i i /\ II 1 \ / \\\1\ \1� tci�, 1 \\{4 ;� \i\ Found, Brass Cap CDOT ROW Spot Elevation 6058 27' 1 0 0 Spot Elevation 6092.43' \ I t mN.\=\7-7x Oc% F/ow/ine Ditch View Platform Deck E/e v: 6151.7' Fence line Lel / /;)))1) o' CURVE TABLE CURVE LENGTH RADIUS DISTANCE BEARING DELTA C1 28.11 3065.00 28.11 N38 43'59 "W 031 '32" c0 Found, Brass Cap L.S. No. 7734 Ni - h ,Sec tion 21 Found, Brass Cap S0027'51 "W Found, Rebar & Cap L.S. 13933 ,Section 28 50 GRAPHIC SCALE 0 25 50 100 200 ( IN FEET) 1 inch = 50 ft. Legal Description A Parcel of land situated in Lot 1, Section 29, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: Beginning at a found Brass Cap L.S. 7734 in p/ace for the Northeast Corner of Section 29, Township 7 South, Range 88 West, whence a found B.L.M. Aluminum Cap in place for the East corner for said Section 29 bears S0027'51 "W a distance of 267786 feet, with all bearings contained herein being relative thereto; Thence 50027'51"W along the east line of said Section 29 a distance of 781.74 feet to a point on the Northeasterly right—of—way for Colorado State Highway No. 82; thence along the Northeaster/y right—of—way line for said Colorado State Highway No. 82 the following 5 courses: 1) 28.11 feet along the arc of a curve concave to the Southwest, having a radius of 3065.00 feet and whose chord bears N3843'59"W a distance of 28.11 feet. 2) N38 44'46"W a distance of 310.40 feet; 3) N3945'46"W a distance of 360.00 feet; 4) N2543'46"W a distance of 206.20 feet; 5) N5252'22"W a distance of 105.26 feet to a point on the North line of said Section 29; Thence 58973'51'E along the North line of said Section 29 a distance of 621.94 feet to the point of beginning. County of Garfield State of Colorado Legend and Notes: — 0 indicates found monument as described — ohpl indicates overhead power line — Basis of Bearing is noted in the Legal Description above. — This survey does not represent a title search by this surveyor to determine ownership or to discover easements or other encumbrances of record. All information pertaining to ownership, easements or other encumbrances of record has been taken from a title insurance commitment issued by Land Title Guarantee Company, dated November 09,2006 as Order Number L TAQ250731. Legend & Notes (Condtinued) — Due to snow cover at the time of this survey, some improvements may not be shown. — This property is subject to easements, rights of way and/ or requirements as recorded in the Garfield County Clerk & Recorders Office. - Setback information was provided by Garfield County. This parcel is subject to the following exceptions per said title commitment. 1. Right of Proprietor of a vein or lode to extract and remove his ore therefrom shou/d the same be found to penetrate or intersect the premises as reserved in United States Patent Recorded April 27 1892 in Book 12 at Page 140.—COULD NOT BE PLOTTED AS DESCRIBED. 2. Right of Way for ditches or cana/s constructed by the authority of the United States as reserved in United States Patent recorded April 27 1892 in Book 12 at Page 140.—COULD NOT BE PLOTTED AS DESCRIBED 3. Easement and Right of Way for the Southward and Cavanaugh Ditch as set forth in Statement and Map recorded December 2, 1890 as Reception No. 11062.—COULD NOT BE PLOTTED AS DESCR/BED 4. Easement and Right of Way for the Kaiser and Sievers Ditch and any and all enlargements or extensions thereof as evidenced by statements recorded December 2, 1885 in Book 9 at Page 109 and Recorded December 9, 1886 in Book 9 at Page 387 Agreement Recorded August 25, 1896 in Book 39 at Page 268, and Plat Recorded December 2, 1885 in Book 9 at Page 110. —DOES NOT PERTAIN TO THIS PARCEL 5. Easement and Right of Way for the Cavanaugh—Southard Ditch as set forth in Statement Recorded March 23, 1885 in Book 10 at Page 15. —DOES NOT PERTAIN TO TH/S PARCEL 6. Easement and Right of Way for the Cavanaugh Ditch as shown in the Statement and Map recorded March 21, 1887 in Book 9 at Page 453. DOES NOT PERTA/N TO THIS PARCEL 7 Easement and Right of Way for the Rockford Ditch as set forth in Statements and Maps Recorded March 25, 1885 in Book 7 at page 301, June 25, 1887 in Book 9 at Page 543 and October 13, 1885 in Book 9 at Page 140. —DOES NOT PERTA/N TO THIS PARCEL 8. Easement and Right of Way as Granted to George S. Swigart for Ingress and Egress purposes in Deed Recorded May 9, 1908 in Book 75 at Page 123. —DOES NOT PERTAIN TO PARCEL 9. Easement and Right of Way as granted to Carbondale Ligh t and Power Company in instrument Recorded January 28, 1927 in Book 155 at Page 331. —DOES NOT PERTA/N TO PARCEL 10. Right of Way Easement as granted in the Mountain States Telephone and Telegraph Company in Instrument Recorded May 8, 1972 in Book 430 at Page 332. —DOES NOT PERTA/N TO PARCEL 11. Terms, Conditions, Provisions, Obligations and Effects of Agreement Recorded March 9, 1987 in Book 706 at Page 827 12. Terms, Conditions and Provisions of Boundary Line Agreement Recorded August 18, 1994 in Book 912 at Page 785.—DOES NOT PERTAIN TO PARCEL 13. Terms, Conditions and Provisions of Garfield County Resolution No. 95-070 Recorded September 06, 1995 n Book 952 at Page 230. 14. Terms, Conditions and Provisions of Garfield County Resolution No. 95-063 Recorded August 10, 1995 in Book 949 at Page 823.—DOES NOT PERTAIN TO PARCEL 15. Terms, Conditions and Provisions of Agreement Recorded August 19, 1994 in book 912 at Page 970. 16. Terms, Conditions and Provisions of Agreement Recorded August 19, 1994 in Book 912 at Page 973. 17 Easements, Rights of Way and Other Matters as Shown on the Coryell Ranch Boundary Survey prepared by Construction Surveys, Inc. Dated May 21, 1996. 18. Terms, Conditions and Provisions of Standstill Agreement Recorded September 06, 1996 in Book 991 at Page 327 19. Terms, Conditions and Provisions of Standstill Agreement Recorded September 06, 1996 in Book 991 at Page 478, and Recorded September 25, 1996 in Book 993 at 492. 20. Lack of Access To and From Public Road, Highway, or Street. Surveyors Certificate: I, JEFFREY ALLEN TUTTLE, being a Registered Land Surveyor in the State of Colorado, do hereby certify that this Site P/an was prepared by me and under my supervision from a survey made by me and under my supervision on March 20, 2007 and that both the survey and map are true and accurate to the best of my know/edge and belief. JEFFREY ALLEN TUTTLE, L.S.33638 DATE Note: This topography map complies with National Map Accuracy Standards for topographic maps. Where checked 90X of points should be within 1/2 the contour interval and well defined points should be plotted within 1/50" of their true position. Critical design should be based upon spot elevations, please contact Tutt/e Surveying Services for this spot elevation information. AccNotor .i According to Colorado law, you muss commence any legal action based upon any defect in this survey wituih three years after you discover such defect In no event mayGlenwood any legal action based upon any defect in survey be of ?e cord more than ten years from the the date the certification shown here TUTTLE l Lli ,�.5''IIRY�'YING SERVICES' 727 Blake Ave. S rin s Colorado 8l60l7 ' (970)928-9708 (FAX 947-9007 ) jeff@tss—us. cam Wil, � le ii TUTTLE SURVEYING SERVICES / � Sit n Lo A 5.6'3 Acre Parcel situated' in , S ��S �(, ��6'Zh PILIfirst , , , , Garfield County, Colorado f ?� Drawn by: Date: 064 � �/% 20 7 4 %/ OF �� Page 9 MUSHROOM ROCK ADU SECTION 3 IMPACT ANALYSIS MUSHROOM ROCK ADU IMPACT ANALYSIS 1. Adjacent Land Use a. Within a1,500 -foot radius of the proposed project are developed residential properties, BLM land, and undeveloped property. 2. Site Features a. Topography: The site is located on a west facing hillside above Highway 82, across from the Aspen Glen development. The grade on the property varies from between approximately 15% and 35%. The slope in the area of the proposed ADU footprint is between 20%-30%. There are no known geological hazards in the area of development. b. Vegetation: The proposed location of the ADU is in an existing clearing with sparse plant cover. Around this existing clearing are juniper and pinyon pine trees, sage brush, grass, and weeds. 3. Soil Characteristics a. Geotechnical report completed for existing dwelling unit indicates that subsoils consist of silty sandy gravel with cobbles and boulders. Report recommended foundations be designed for an allowable soil bearing pressure of 2,000 psf. 4. Geology and Hazard a. While eastern portions of this 5.63 acre property appear to have been impacted by rockfall and debris flow hazards these are well removed from the proposed area of development. 5. Groundwater and Aquifer Recharge Areas a. A Subsurface Investigation and Onsite Wastewater System Design was completed for the existing dwelling. Report indicated that soil in area of proposed development consisted of thin layer of sandy root zone, underlain by sandy silt with gravel and rocks to 8 feet. Groundwater or bedrock was not encountered. Based on this existing report a septic system for the ADU with a percolation rate of 20 minutes per inch (MPI) should be achievable. 6. Environmental lmpacts a. Flora and fauna: i. Short-term effect: As mentioned in "Site Features" section of this impact analysis the proposed development is taking place in an existing clearing with little existing vegetation. We are not proposing the removal of any existing trees. ii. Long term effect: After construction native vegetation will be allowed to regrow in area around the ADU, except where specifically prohibited due to requirements of local fire district. b. Wildlife: i. Proposed development will not impact any critical wildlife habitat. ii. Minimal size of proposed development will ensure minimal impact on wildlife's use of existing land. This development will also not impact further the migration routes or use patterns of wildlife as there is already an existing elk fence on the property line to keep wildlife from crossing Highway 82. Page 1of2 c. Radiation hazard does not exist on this property. 7. Nuisance a. Proposed development will not generate vapor, dust, smoke, noise, glare or vibration, or other emanations that will negatively impact adjacent properties. In addition the ADU was deliberately designed as a "walk -out" style house with most of the mass set into the ground. 8. Hours of Operation a. The proposed development is for construction of accessory dwelling unit. There will be no "Hours of Operation" for commercial or business use that would impact adjacent properties. Page 2 of 2 MUSHROOM ROCK ADU SECTION 4 WATER SUPPLY AND DISTRIBUTION TABLE OF CONTENTS: WELL PERMIT WELL CAPACITY TEST WATER QUALITY TEST PAGE 2 PAGE 47 PAGE 48 Form No. OFFICE OF THE STATE ENGINEER GWS -25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial BIdg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 APPLICANT EXST WELL PERMIT NUMBER 80422 -F DIV. 5 WD 38 DES. BASIN MD MUSHROOM ROCK PARTNERSHIP LLC PO BOX 1799 CARBONDALE, CO 81623- (970) 618-2813 CHANGE/EXPANSION OF USE OF AN EXISTING WELL APPROVED WELL LOCATION GARFIELD COUNTY NE 114 NE 1/4 Section 29 Township 7 S Range 88 W Sixth P.M. DISTANCES FROM SECTION LINES 69 Ft. from North Section Line 390 Ft. from East Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ) ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 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. Approved pursuant to CRS 37-90-137(2) on the condition that this well is operated as an alternate point of diversion to the Basalt Conduit (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, 98CW0026198CW0089, 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 #645. Approved as a well on a residential site of 5.63 acre(s) described as that portion of the NE 1/4 of the NE 1/4, Sec. 29, Twp. 7 South, Rng. 88 West, 6th P.M., Garfield County, identifed as 10211 HWY 82, Carbondale, CO 81623, more particularly described on the attached exhibit A, Approved for the use of, an existing well, constructed on May 15, 2014, to a depth of 220 feet and with a pump being installed on an unknown date (without a valid production permit), all under permit no. 294196 (canceled) and later permitted for use under permit no. 79880-F, which remains in full force and effect. This well is known as Coryell Well no. 1. 6) The use of ground water from this welt is limited to ordinary household purposes inside three (3) single family dwellings, the irrigation of not more than 3,600 square feet of home gardens and lawns. 7) The pumping rate of this well shall not exceed 20 GPM. 8) The annual withdrawal of ground water from this well shall not exceed 1.39 acre-foot. 9) The return flow from the use of this welt 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) 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. 11) This welt shall be located not more than 200 feet from the location specified on this permit and this well shall be located more than 600 feet from any existing well, completed in the same aquifer, that is not owned by the applicant. 12) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request, NOTE: This well was previously decreed conditionally as Coryell Well no. 1 in case no. 93CW0175 (decreed location is 140 feet from the North section line and 300 feet from the East section line), with the conditional water right being abandoned by the court for lack of diligence, order dated October 10, 2000. NOTE: Application denial no. 13193 -AD, canceled permit no. 294196 and 79880-F were previously issued for this parcel. Additionally, application receipt no. 9503060 (application withdrawn) had previously submitted an application for this parcel. NOTE: This is a second permit for Coryeil Well no. 1. NOTE: Section 29 is an irregular "Tall and Wide" section. NOTE: Parcel Identification Number (PIN): 23-2393-291-00-159 NOTE: Assessor Tax Schedule Number: R111346 APPROVED DMW ,Receipt No. 9504122 4./ i4kI I I by 911-- DATE ISSUED 11-16-2016 By DATE N/A State Engineer Page 2 # 9504122 # RECEIVED Form No. GWS -88 10/2011 EXISTING WELL INFORMATION AND INSPECTION F Rl 15 16 D of Water Resources, 1313 Sherman St, Ste 821, Denver, CO 80203 PLEASE COMPL TE THIS FORM IN BLACK INK STATE R ESO�JE�Rs RECEIPT NO: -� DIV: £ WD: WOOD PERMIT NO: -29410C Existing Well Location: NE '/; of the NE '/a, Sec. 29 , Twp 7 , Rng 88 W Sixth P.M. 69 feet from&S 'S sec. line, 390 feet from thsec. line; County Garfield Existing well owner Name: Mushroom Rock Partnership, LLC Mailing Address: P.O. Box 1799 City/State/Zip Carbondale, CO 81623 Telephone: ( 970 ) 618-281 Description of parcel (subdivision, lot, blk, flg) a Size 5.63 ac Existing well location and visual conditions: If stating no, please explain Type of Existing Well: Drilled, Hand Dug, Spring Well, Gallery Well, Gravel Pit, Other Drilled Distance to nearest septic tank/sewer line (approximate) 160` feet Distance to nearest leach field (approximate) 200' feet Is the well in a clean and sanitary location? Yes Is the well maintained in a clean and sanitary condition? Yes Is the ground at the surface sloped away from the well for proper drainage? Yes is the surface surrounding the well firm and stable? Yes Is the well situated in a well house or vault? No If so, is the well house or vault in RtetIVE D and condition? NA If G Existing well construction and materials: If stating no, please explain 16 Is the well equipped with a sanitary well seal/cap? Yes Is the well constructed with steel casing at the surface? Yes WATER el:souachs Does the casing extend at least one (1) foot above the surface? Yes STATE ENGINEER Casing size 8" in; Estimated well depth 768' feet G Nw000 Who constructed well? Shelton Drilling Company ; Who installed pump? Unknown Current uses of existing well: Were the existing uses initiated prior to May 8, 1972? No X Household use in 1 single-family dwellings Watering of poultry and/or domestic animals 14$• Watering of livestock on farm or ranch; approximately how many head? Ckrf Is this a feedlot? ; How many head? Lawn and/or garden square feet ti,�TJ���� Crop Irrigation acres S ZQ Fire Protection T,��c�s© 1s Commercial exempt for oLo ht' Res Other: Estimated date well constructed 2015 ; Estimated date pump installed May 2015 Estimated date of first use May 2015 ; Estimated flow rate 12 gmp gpm How many other wells are located on this par No ; Uses: NA Permit/Case Nos.: 2 7 it r9‘ ree,e, fel ----74t Jr— Jc -9/ Existing Well Owner Signature: Cdtkliolvti Manager Date: Marrh 24,_2016 For Office Use Only Has information above been verified? •'e -J If not, please note accordingly. List any prole s you have i entified: (if nole, please state so) /9 S,f� t-=`, • 74 i i n of a 11aCfG . t f-�- 7- AL -4"s` �6....,f G. elIS n 0. ' 2 C-- e.--- 1' Date of inspec ion: ,rf---f--- ` Phone Number P7 ' ..r r- - f`` // Inspected by (print): MIwza4er'Ix tfir.1traiel",f/ (signed): —ye h. Attach photo(s) if available or needed for further evaluation. Additional comments or information on back. Page 3 # 8-4-8 # 9504122 is WELL CONSTRUCTION AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER FOR OFFICE USE ONLY V&A Cii. r ckec ,sD `�Dis L i i Vi ilt,,Fs �� 0.5°/ ct 06E;eto o APPROVAL t OWS31411-03 r 1- 90 WELL PERMIT NUMBER 294196 .2,2. 2. Omer Name(s): Mushroom Rock Partnership LLC Mailing Address: P.O. Box 1799 City, State, Zip : Carbondale, Co 81623 Phone # WELL LOCATION AS DRILLED 3. NE 1l4 NE 1/4 Sec: 29 Twp: 7 S Range: 88 W 6th PM DISTANCES FROM SEC. LINES ft. irnin Sec. lime and ft. from See. line OR jEastin 307 334 Northieg: 43 66 383 SUBDIVISION: LOT: BLOCK: FILING (UNIT): STREET ADDRESS AT LOCATION 4. GROUND SURFACE ELEVATION ft. DRILLING METHOD Air Rotary DATE COMPLETED: 5/15/2014 TOTAL DEPTH: 220 DEPTH COMPLETION: 220 5. GEOLOGIC LOG 6 IIOL.B DIAMETER (a) FROM (R) TO (ft) w Depth Type of Material (Size, Color, and Type) 9.0 0 133 000-123 Red Dirt, Rocks, Clays 6.5 133220 P-. 123-220 Maroon Faction . 7. PLAIN CASING OD (in) Kind WI Sia From (ft) To (ft) 7.0 Steel 0.188 -1 133 5.5 PVC 0.250 100 150 PERF. CASING : Screen Slot Size 5.5 PVC 0.250 150 220 Wader Located: 150+ 8. Filter Pack Material : Size . 9. Packer Placement Type : Depth : 10. GROUTING RECORD Niel Amount Density Interval Pinosment Cement 8 sks 6 gal/sk 10-40 poured 11. DISINFECTION : Type : HTH Amt. Used : 4 oz 12. WELL TEST DATA : () Check Box If Test Data Is Submitted On Supplemental TESTING METHOD : Air Compressor Static Level : 144 ft. Date/Time Measured 5/15/2014 Production Rate 15 gpm Pumping Level : Total ft. Date/Time Measured 5/15/2014 Test Length : 2 hours Test Remarks: 13. gal ave rad tr etoemerse odeatanfw te ats dem true t my knowtedge. (Pwsum t to Section 24-4-14 (130) CRS, the making abbe stoma CONT�R : Shelton Car l). Phone : (970) 927-4182 Mailing Address : P.O. Box 1059 ...• • .1621 Lic. No. 1095 Name / Title (Please Type or Print) Wayne Shelton / President Signa ' . --.. --- " -� - Date 5/1612014 GR PSL Page 4 COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST., Ste 821, DENVER, CO 80203 Main: (303) 866-3581 Fax: (303) 866-2223 dwrpermi(sontine@state.co.us RESIDENTIAL Note: Also use this form to apply for livestock watering Water Well Permit Application Review form Instructions prior to completing form. Hand completed forms must be completed in black or blue ink or typed. 1. Applicant Information Name(s) Mushroom Rock Partnership, LLC Office Use Only RECEIVED JUL 1 3 16 WATER RESOURCES STATE ENGINEER Form GWS -44 (7/2012) €'4r127- 9504122 6. UsgOMMIfPTcheck applicable boxes) Mailing address P.O. Box 1799 City Carbondale State Co Zip code 81623 Telephone (wlarea code) (970) 618-2813 E-mail colandmanager@gmail.com 2. Type Of Application (check applicable boxes) ❑ Construct new well ❑ Replace existing well • Use existing well in Chan'e or increase use 3. Refer To (if applicable) 0 Change source (aquifer) 0 Reapplication (expired permit) 0 Rooftop precip. collection 0 Other: See instructions to determine use(s) for which you may qualify ❑ A. Ordinary household use in one single-family dwelling (no outside use) ■ B. Ordinary household use in 1 to 3 single-family dwellings: Number of dwellings: 3 ® Home garden/lawn irrigation, not to exceed one acre: area irrigated 3600 g sq. ft. 0 acre ❑ Domestic animal watering — (non-commercial) © C. Livestock watering (on farm/ranchtrange/pasture) 7. - Data (proposed) Well permit# 294196 Water Court case # BWCD 645 aximum ; roping rate 15� r f Pm Mal depth feet eet Annual amount to be withdrawn .04 Aquifer Tributary acre-feet Designated Basin Determination # Well name or# Coryell Well not 8. Water Supplier 4. Location Of Proposed Well (Important! See Instructions County Garfield NE 114 of the NE 1(4 Is this parcel within boundaries of a water service area?RE YESEI NO If yes, provide name of supplier: 9. Type Of Sewage System Section 29 Township N or S 7 it re Range E or W 88 17t1 Principal Meridian Sixth PM Distance of welt from section lines (section lines are typically not property lines) 69 Ft. from f..N rS 390 Ft. fromXE ❑W For replacement welts only — distance and direction from old we' to new well feet Direction Well location address (Include City, State, Zip) ❑ Check if well address is same as in Item 1. 10211 HWY 82 Carbondale, CO 81623 ■ Septic tank / absorption leach field 0 Central system: District name: ❑ Vault: Location sewage to be hauled to: IF Other (explain) 10. Proposed Well Driller License #(optional): Exst 11. Sign or Enter Name of Applicant(s) or Authorized Agent Optional: GPS welt location information in UTM format GPS unit settings are as follows' Fomtat must be UTM F Zane 12 orir Zone 93 Units must be Meters Datum must be NADb3 Unit must be set to true north Was GPS unit checked for above? 0 YES Easting: Northing: Remember to set Datum to NAD83 The making of false statements herein constitutes perjury in the second degree, which is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4-104 (13)(a). I have read the statements herein, know the contents thereof and state that they are true to my knowledge. 5. Parcel On Which Well Will Be Located (You must attach a current deed for the subject parcel) Sign or enter name(s) of person(s) submitting application If signing print name and title Caleb Edelman, manager Date (mmMdfyyyy) 07/13/2016 Office Use Only /6A,2„ pot, c c a c e 2. A. You must check and complete ane of the following: ❑ Subdivision: Name Lot Block Filing/Unit O County exemption (attach copy of county approval & survey) Name!# Lot # ❑ Parcel less than 35 acres, not in a subdivision attach a deed with metes & bounds description recorded prior to June 1, 1972, and current deed O Mining claim (attach copy of deed or survey) Name/#: ❑ Square 40 acre parcel as described in Item 4 ❑ Parcel of 35 or more acres (attach metes & bounds description or survey) • Other: (attach metes & bounds description or survey) USGS map name DAR map no. Surface elev. B. # of acres in parcel 5.63 C. Are you the owner of this parcel? 17 YES Il NO D. Will this he the only welt an this parcel? I1 YESUI NO (if no list other wells) E. State Parcel ID# (optional): 2393-291-00-159 P I Receipt area only ADUAMAP WE WR CWCB TOPO MYLAR SB5 DIV WD BA MD Page 5 9504122 600 FOOT WELL SPACING STATEMENT (NO EXESTING WELLS) RECEIVED AAL14 '16 WATER RESOUIW s STATE ENGINEER GLENWOOD I (we) Mushroom Rock Partnership, LLC state as follows: I (we) have verified that there are no wells that exist within 00 feet tl os 1 Iodation as indicated on well permit application receipt no. 7` that I (we) do not own. Dated this 13 day of July 2016 Signature(s): , Manager Print Name: Caleb Edelman Page 6 # 9504122 BALCOMB & GREEN, rc A FULL SERVICE LAW FIRM SINCE 1953 September 26, 2014 Via U.S. Mail to: Mushroom Rock Partnership, LLC c/o Caleb Edelman P.O. Box 1799 Carbondale, CO 81623 Chad J. Lee, Esq. RECEIVED ,4''L 1 3 '16 WATER RESOURCES STATE ENGINEER G{ ENWGOD Re: Basalt Water Conservancy District Allotment Contract No. 645 Dear Mr. Edelman: On September 9, 2014, the Board of Directors of the Basalt Water Conservancy District approved Mushroom Rock Partnership, LLC's 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 need to be executed, notarized, and returned to me in the envelope provided and we will then record the same 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 Mailing Address tar' Glenwood Springs Office Aspen Office Page 7 I : 1 hat L.tr_ .a—IS i.'li ,.y�, # 9504122 RI LXIV a13'16 WATER RESOURCES SiGLENWOOD To: Mushroom Rock Partnership, LLC September 25, 2014 Subject: BWCD Contract No. 645 Page 2 court -approved Umbrella Plan for the benefit of contractees like yourself, 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 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 Garfield County 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. CJLfbc Encls. Very truly yours, BALCOMB & GREEN, P.C. By Chad ),Lee Attorneys for the Basalt Water Conservancy District Page 8 A. WATER USER Mushroom Rock Partnership L C PO Box 1799 Carbondale, CO 81623 970-618-2813 B. WATER Contract Number: 3.3.5.645 9 5 0 4 1 ?r2act Date: 9/9/2014 Quantity of Water 0.40 AF/yr Maximum Daily Demand 0.045 cfs C. LEGAL SOURCE OF WATER: BWCD Augmentation Plan 02CW077 D. SOURCE(S) OF AUGMENTATION/REPLACEMENT: District replacement supplies for Private Augmentation Plans and BWCD Augmentation Plans are pursuant to their respective decrees. Please see decree(s) or contact the District for addtional information. E. TYPE OF USE: Three single family homes, 3,600 SF of lawn irrigation F. LOCATION INDEX: District Area pistrict_Sub-Area A 4 G. MONTHLY DIVERSION SCHDULE (Acre -Feet): Month January February March April May June July August September October November December Annual Total Total Diversion 0.10 0.09 0.10 0.11 0.14 0.15 0.15 0.13 0.12 0.11 0.10 H. WELL PERMIT NUMBERS: 294196 (e i4) 6 7 9' g Page 532 of 548 Page 9 Consumptive Use 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.04 0.04 0.04 0.03 0.03 0.38 # 9504122 BASALT WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT NO. 645 Pursuant to C.R.S. § 37-45-131 Gmak RECEIVED JUL 13'16 WATER RESOLJRCkS STATE ENGINEER MUSHROOM ROCK PARTNERSHIP, LLC (hereinafter "Applicant") has appcio°° 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 0.045 cubic feet of water per second from the District's direct flow rights and 0.4 acre feet peLyear 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 2014-9-9 Contract No. 645.doc 1 Page 10 # 9504122 that may be built or controlled by the District in the future, so long as the water se the Applicant pursuant to this agreement is not impaired by said action. uE1VED 3. At Applicant's request, this water allotment contract supply and applicar s 1 3 '18 structure(s) benefited hereunder have been included in the District's umbrella plan -for RESOURCLS augmentation decreed in Case No. 02CW77 ("Umbrella Plan"). Applicant agrees tosakaW1?g ,ER $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 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 20144-4 Contract No. 645.doc 2 Page 11 # 9504122 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. - 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 p tpi . V lIV ED diversion, only as against water rights which are junior to the date of application or e alternate point of diversion. WATER RESOURC =s STATE ENGINEER GLENWOOD 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 2018-9.9 Contract No. 645.doc 3 Page 12 # 9504122 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 ma , at ... option, elect to terminate all of the Applicant's right, title, or interest under this Co'" `� . A.. WED 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. JUL 1 3 '16 In the event water deliveries hereunder are made by or pursuant to agreemeri ato RESOURCESR GL NWOOD some other person, corporation, quasi -municipal entity, or governmental entity, and in tie 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 2G14.9-9 Contract No.645_doc 4 Page 13 4A no event shall the owner of a portion, but less than all, of the pplicant`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. RECEIVED Any assignment of the Applicant's rights under this Contract shall be subject to inl 16 must comply with such requirements as the District has adopted or may hereafter adopt regarding assignment of Contract rights and the assumption of Contract oblig'°�c,���s assignees and successors, provided that such requirements shall uniformly applyo"°D 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, 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 lasses 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. 2Q14-9-9 Contract No. 645.dac 5 Page 14 # 9504122 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 ; & �; � allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. JUL 1 3 '16 tivar �t scsousc�.s 12. PRIOR RESOLUTION: The water service provided hereunder is exp , yE Eos caR subject to that certain Resolution passed by the Board of Directors of the District on ENw°°° September 25, 1979, and all amendments thereto, as the same exists upon the date of this application and allotment Contract. 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 20149.9 Contract No.645,doc 6 Page 15 RECEIVED 9504122 13 16 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 p ex RF GINEER November 1 through October 30 of each year) to District, the Division Engineer and Water N`vflOo 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: 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. 20149-9 Centrad! No. 645.do. 7 Page 16 9504122 APPLICANT: MUSHROOM ROCK PARTNERSHIP, LLC By: aoe‘____, Name: (1/et EJJ{yea i Title: ,GSC r Applicant's Address: P.O. Box 1799 Carbondale, CO 81623 Telephone No.: 970-618-2813 STATE OF Cala r4 de ) ) ss. COUNTY OF6-ac-W Id ) y , CE C E D JUL 1 3 '16 WATER RESOURCES STATE ENGINEER GLENWOOD Subscribed and sworn to before me this 50 day of aribil / , 2014, of Mushroom Rock by r..de b F2C" P% evi as /i±c rvfl''' Partnership, LLC. WITNESS my hand and official seal. My commission expires: NOTARY 201440 m8 20149-9 Contract No. 645.doc otary Public 8 Page 17 # 9504122 EX ZBIT.A A PARCEL OF LAND SITUATE IN LOT 1, SECTION 29. TOWNSHIP 7 SOUTH, RANGE 88 WEST OF TBS SALTS PRINCIPAL MSRIDTAN, COUNTY OF GARFIELD, STATS OP 'COLORADO, HEIM6 MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND BRASS CAP L.S. 7734 IN PLACE FOR THE NORTHEAST CORNER -0F SECTION 29, TOWNSHIP 7 90UTSl RANGE 8a WEST, WHENCE A FOUND B.L.M. ALUMINUM CAF ER PLACE FOR THE EAST 1/4 CORNER FOR SAID RECTION 29 BEARS 8 00 DEGREES 27'611 WA DIBTANCS OF 2677. 86 FEET, WITH ALL HBARZNOS CONTAINED HEREIN BEING RSLATXV? THERETO, - TRSNCE S 00 DEGREES 27'51• W ALONG TBE EAST LINE OF SAID SECTION 29 A DISTANCE OF 781.74 FEST TO A POINT ON THE NORTHEASTERLY RIGHT OF HAY FOR COLORADO STATE HIGIRWI NO. 821 THENCE ALONG TSS NORTRSASTFRLY RIGHT OF HAY LINE FOR SAID COLORADO STATE HIGHWAY NO. 82 THE FOLLOWING 5 COORS/1St 1) 28.11 878T ALONG TSS ARC OP A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 3065.00 FEST AND WHOSE CHORD MARS N 36 08853288 43'59° WA DISTANCE 08 28.11 FEST 2) N 38 DEGREES 44'46° W A DISTANCE OF 310.40 FEET, 3) N39 DEGREE; 45'46° W A DISTAQNCB OP 360.00 FEETT 4) N 25 =GREW 43'46" 8 A DISTANCE OF 206.20 88YIT, '5) H 52 DEGREES 52'22° W A DISTANCE OP 105.26 FEET TO A POINT ON THE NORTH LINE OF SATO SECTION 29) THENCE S 89 DEGREES 13'51" E ALONG THE NORTH LINE OF sup SECTION 29 A DISTANCE OF 621.94 FEET' TO THE POINT OF BEGINS/NG COUNTY OF GARFIELD STATS OF COLOHADO Page 18 RECE O �1 1 3 '16 WATER RESOURCES STATE ENGINEER GLEN WOOD a- a_ 22 2 E tia R1222222 Ft'gzzzzzzgzZZIZ 8.000000 03 < 222 2 000 0 1 ra nji r'401-Ocisicideiciociddd os CD 0.4 0 IC 122 Ir. V 0 10 14 11 v. 0 ri 14 C.11 CC 11 0 CI re re 11 CI 0 • I (I) (8) (B) (18) (11) 112) Domestic Commercial Lawn Crop L In-houso or Oilier Irrigation Irrigation Livestock TOTAL 'WNL ESEiog pacaceriq c5 ci ca 6 ca 6 0 6 c5 ca 0 ca c, 0 EEEEEEEEEEEE 6 cS 6 6 ci 6 cS 6 6 6 ci 6 E ' §§§§§§§§§§§§ 6 6 6 6 6 6 ci 6 cd 6 cS 6 § ' ii § ii ii li 2 9c ii 1 ii ii 666666666666 e' §§§§§§§§§§§§ 6 6 6 6 ci 6 c5 6 6 6 cS 6 ma-cuavm,c-Inm.c0 CD CD 0 CD 0 0 CD 0 CD 0 CD CD CS ca. 6 0 ca 6 6 0 CP CD CD CS ,--. 0 ....... 1- 0 -g 118g8-8SSES8Sgg ›c3c,0000000000 z qa§§§§§§§§§§§§ Ot6666666666666 co li§g§gg°4-pri .2 71 .g e..606600666660 8° IIt sEsgul4,TIRE.fi " _,9 e 6 cal 6 6 6 6' cd 6 6 ci 6 . gp 0 6 a ca 6 6 0 ca gp cp ca ca kl CD 6., CD 73 00000000Q00Q 666666666666' t -'• la AI co 5 tait,6... la i 0 2 8 A I 0 .11 10 2 esa a 0 co 0 c3 ei 0 V 0 8 1 -211 gl ig EXHIBIT B ra Page 19 ORDER GRANTING APPLICATION F©R ALL �NT CONTRACT MUSHROOM ROCK PARTNERSHIP, LLC CONTRACT NO. 645 RE E WWEL_. JUL 1 3 '16 WATER RESOURCES STATE ENGINEER GLENWQOD Application having been made by or on behalf of MUSHROOM ROCK PARTNERSHIP, 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 0.045 cubic feet of water per second from the District's direct flow rights and 0.4 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. 2U14-9.9 Otdcr to Cont tact No. 645.doc -1- Page 20 pceiVED # 9504122 uu1316 WATER RESOURCeS STATE ENC1NEER ENWOOD 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 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. 2014.9-9 Order to Contract Na. 645.doc _2_ Page 21 # 9504122 Approved this day of September, 2014. Attest: By: Secretary to the Meeting 2014-9-9 Order to Contract No. 545.doc lt1L13'18 WATER RESOURC1S STATE ENGINEER GLENWOOD BASALT WATER CONSERVANCY DISTRICT By: J Don Boy, Pr siderit _3_ Page 22 F i 1 # 9504122 EXiIIHIT , A A PARCEL OF LAND SITUATE IN LOT 1, SECTION 29, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF SON SIXTH PRINCIPAL MERIDIAN, COU222 OF GARPIRL,D, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED A8 P07.I.0W8: 8301NNING AT A POUND BRASS CAP L.B. 7734 IN PLACE FOR THE NORTHEAST CORNER OF SECTION 29, 207088IP 7 SOUTH, RANGE O8 WEST, WHENCE A FOUND B.L.M. ALUMINUM CAP IN PLACE FOR TUE BAST 114 CORNER FOR SAID SECTION 29 REARS 8 00 DEGARES 27'51+' R A 838?ANOR OF 2677. 86 FEET, WITH ALL BEARINGS CONTAINED HEREIN BEING RH7.ATIV3 TENRET0: THENCE 8 00 =GREW 27'51" W 21.081 TBS EAST LINE OF SAID SECTION 29 A DISTANCE OP 781.74 PERT TO A POINT ON THS NORT32A0T3RLY RIGHT OF WAY FOR COLORADO STATS HIGHWAY NO. 623 THETICS ALONG THE NORTEEASTERLY RIGHT OF WAY LINE FOR SAID COLORADO STATE RIORNAY NO. 82 THE FOLLOWING 5 COURSES: 1) 28.11 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE 0022272ST, HAVING A RADIUS OF 3065.00 FENT AND WHOSE CHORD 88AR8 N30 DEGREES 43'59° W A DISTANCE OP 28.11 FEET/ 2) N 38 =GEM 44'46° iP A DISTANCE OF 310.40 FEST; 3) N 39 DEGREES 45'46° if A DISTAONCB OP 360.00 FEET; 4) N 28 DRUMS 43'46" iP A DISTANCE OF 206.20 FEET; 5) N 52 DEGREES 92'22° WA DISTANCE OF 105.28 FEST TO A POINT ON TSS NORTH LINE OP SAID BSCTION 29: THENCE 8 89 DEGREES 13'51" 2 ALONG TEE NORTH LINE OF SAID SECTION 29 A DI8TANC0 OF 621.94 FENT TO TSS POINT OF BEGIN COUNTY OF GARFIELD STATE OF COLORADO Page 23 JUL 1 3 '16 D WATER RESQURCkS STATE ENGINEER G LENWOOD # 9504122 RECEIVED JUL 1 3 '16 WATER RESOURCES STATE ENGINEER BASALT WATER CONSERVANCY DISTRICfENWQOD IMPORTANT If you divert water from a groundwater source (well) you must provide the District with a copy of a valid well permit from the Colorado Division of Water Resources (State Engineer's office). Without evidence of a permit, the District cannot request release of water from Ruedi Reservoir for your benefit. When a valid permit is obtained, please provide the District with a copy. Remember, if we do not have evidence of a valid permit, your structure will be considered "inactive" and water cannot be released for your benefit. Send permit information to: Resource Engineering, Inc. Attn: Melody Morris or Eric Mangeot 909 Colorado Avenue Glenwood Springs CO 81601 Questions: Resource Engineering, Inc. Eric F. Mangeot, P.E. (970) 945-6777 email: ericm(resource-eng.com Page 24 # 9504122 9Y 'i Fame 1 E IF" JUL 13'16 WATER RESOURCES STATE ENGINEER GLENWOOD MEMORANDUM OF WATER ALLOTMENT CONTRACT STATE OF 4 r4, COUNTY OF6-,c - dcl ) ss. ) KNOW ALL MEN BY THESE PRESENTS: That, on the 9" t day of September, 2014, Water Allotment Contract No. 645 was entered into between the Basalt Water Conservancy District (the "District") and Mushroom Rock Partnership, LLC ("Owner"), the owner of the real property described on Exhibit A ("Property") whereby the District ranted the Owner the right to beneficially use water or water rights owned, leased, or hereafter acquired by the District on such real property located in the County of Garfield, State of Colorado ("Contract"). The Contract is subject to various conditions and obligations, including an annual fee to the District, and which may also include well permit requirements of the Colorado Division of Water Resources and Water Court approval of an augmentation plan or substitute supply plan. Assignment of the Contract to subsequent owners of the Property requires the District's consent and Applicant's payment of an assignment fee. Inquiries may be directed to: Basalt Water Conservancy District, c/o Christopher L. Geiger, Balconib & Green, P.C., P.O. Drawer 790, Glenwood Springs, Colorado 81602; Telephone: (970) 945-6546; Fax: (970) 945-8902. This Memorandum is subject to the terms and provisions of the Contract which are incorporated herein by this reference. Upon recording, this Memorandum shall constitute notice to bona fide purchasers of the Contract affecting the above-described property. Date: 9/3°/7 V STATE OF 604ft -e, ) 55. COUNTY OF ) OWNER: MUSHROOM ROCK PARTNERSHIP, LLC By: .daa— .edePpe,t. /6017,4i— Name: (?jt egg, rName: ea /44 E4ef Title: ACKNOWLEDGEMENT / The foregoing instrument was acknowledged before me this 50 may of deb yggil as l..44cg tom" of Mushroom Rock Partnership, WITNESS my hand and offict seal. My commission expires: . -5;:t 4 74/88( WcASRMYERB ttKiTMwRE18uc-$TATE OF COMM, KarARY ID 20144027338 MYCOMMISSION WIRES JULY It, 8 l 2014-9-9 Memorandum of Contract No.645.doc -1- Page 25 After recording, please return to: Basalt Water Conservancy District c/o Balcomb & Green, P.C. P.O. Drawer 790 Glenwood Springs, CO 81602 53 CI nal !! 9504122 E7EIBIT A GED JUL 1 3 '16 WATER RESOURCS SI TE GLENWOOAER A PARCEL OF LAND SITUATE TN LOT 1, SECTION 29, TOMN&MIP 7 SOOTS, RANGE 88 HEST OF TATS SIFTS PRINCIPAL MERIDIAN, COUNTY OP GARFIELD, STATE 0? COLORADO, BEING MORS PARTICULARLY DESCRIBED AS FOLLOWS: GINNING AT A FOUND BRA88 CAP L.S. 7734 2N PLACE FOR TRH NORTHEAST CORMER.OP SECTION 29, TOWNSHIP 7 BONS, RANGE 88 HEST, WHENCE A FOUND B.L.M. =Wand CAP IN PLACE FOR TSE EAST 2/4 CORNER FOR SAID S29CTIO8 29 BEARS S 00 DEGREES 27'510 WA. DISTANCE OF 2677. 136 PRET, WITS ALL DEARIN0S CONTAIN HER= BEING RELATIVE THERETO; THENCE 9 00 DEGREES 27'51" H ALONG TSB EAST LIMB OF SAID SECTION 29 A DISTANCE 0r 781.74 FBBT'TO A POINT ON THE NORTMLASTERLY R108T OP WAY VOR COLORADO STATS HIGHWAY NO. 82; TRENCH ALONG TOE NORTHEASTERLY RIGHT OF WAY LINE FOR SAID COLORADO STATE HIGHWAY NO. 62 TBR FOLLOWING 5 COURSES; 1) 28.11 FEE? ALONG TEE ARC 02 A CURVE CONCAVE TO THE SOUTHWEST, BAVIVO A RADIOS OF 3055.00 FEET AND W8OSE CHORD BEARS N 38 DEGREES 43'59° NA DISTANCE OF 28.11 FEET) 2) N 38 DEGREES 44'45° H A DISTANCE OP 310.40 FEET; 3) N 39 DEGREES 4S'46" W A =STAG= OF 360.00 FEET, 4) N 25 DEGREES 43'46° W A DISTANCE OF 206.20 ?BHT, 1) N 52 DEGREES 52'22° H A DISTANCE OF 105.26 FEE? TO A POINT ON THE NORTH LINE OP SAID SECTION 291 THENCE 9 89 DEGREES 13'51" 8 ALONG THE NORTH LING OF BALD SECTION 29 A DIBTANCS OF 622.94 FRET 20 TRS POINT OF BEGINNING COUNTY OF GARFZRLD STATE 02 COL02A00 Page 26 # 9504122 BASALT WATER CONSERVANCY DISTRICT P.O. Box 974 Glenwood Springs CO, 81602 (970) 945-6777 www.bwcd.org Dear BWCD Contractee: JUL 1 3 `16 WATER RESOURCES STATE ENGINEER GLENWOOD The Basalt Water Conservancy District ("District") is pleased to inform you that it has obtained a final decree in Case Number 02C W77, District Court, Water Division 5, which approves the District's plan for augmentation of depletions associated with your BWCD water allotment contract. The Colorado Division of Water Resources required the District to obtain this decreed plan for augmentation to provide its contractees, including you, with a legal water supply. Had the District not obtained this decreed plan, you would be required to apply to the water court to obtain your own plan for augmentation in order to use your District water supply. The terms of your water allotment contract with the District require that you reimburse the District for its costs of obtaining this plan for augmentation. As a result of the number of contractees included within the decreed plan, however, your proportionate cost is significantly lower than what you would have paid if you had applied to the water court individually for approval of a plan for augmentation. The following information may be helpful to you in understanding the basis for this assessment. FREQUENTLY ASKED QUESTIONS Do 1 NEED A PLAN FOR AUGMENTATION? Yes, without one the State Engineer's office will likely curtail your water supply during times when senior downstream water rights are not fully satisfied. In Colorado, water rights are administered by the State Engineer on a "first in time, first in right" basis. During low flow periods, limited water supplies are allocated first to the individuals and municipalities who were the earliest to adjudicate their water rights, some dating back to the 1800s. If the water available in river systems is inadequate to fully supply all adjudicated rights, the State Engineer's office must require junior water right holders to curtail or stop diverting altogether so that the senior rights will receive their allocated share. The water rights associated with your property, and benefitted by your contract with the District, are junior rights that would likely be curtailed to satisfy senior calls. One way to avoid administration of your rights during a senior call is through a plan for augmentation. A plan for augmentation provides a way to add water to the stream system to replace the depletions associated with your junior water rights. Your augmentation water supply is the water allotted to you under your contract with the District. Water court approval is required, however, in order for you to permanently utilize this supply. You could have either obtained a court -approved plan for augmentation on your own or participated in this plan adjudicated by the District. As explained below, it is more cost effective to participate in the Page 27 Basalt Water Conservancy District # 9504122 • JUL 1 3 '18 WATER RESOURCt"3 SiAtikiN SER Case No. 02CW77 Plan Reirttbursetne District's recently -completed plan for augmentation in Case Number 02CW77 than it would be to apply to the water court on your own. WHY HAVE 1 BEEN ABLE TO DIVERT WATER WITHOUT A PLAN FOR AUGMENTATION UNTIL NOW? When you obtained your water allotment contract and began using water under it, your legal water supply was protected by operation of a substitute supply plan that was operated by the District with approval from the Colorado Division of Water Resources. This substitute supply plan, which the District applied to renew each year with approval from the State Engineer, allowed the District to use water stored in Ruedi Reservoir and from other available sources to replace depletions from your water use when a senior water right call was placed on the river. These releases compensated the river system for your junior diversions and allowed you to continue to use water at times when your use otherwise would have been curtailed. By law, the State Engineer's approval of the District's substitute supply plan extended only as long as necessary for the District to obtain court approval of this plan for augmentation. Now that the District has received its decree for the plan for augmentation for your contract, the temporary water substitute supply plan is no longer in operation. WHAT IS THE BASIS FOR THE COST REIMBURSEMENT FOR THE PLAN FOR AUGMENTATION? The District incurred substantial legal and engineering expenses to obtain court approval for this plan for augmentation. However, because the decree allows the District to augment the depletions of several hundred contractees, including yours, the expenses will be shared proportionately by all of the included contractees. Your assessment here represents a fraction of the cost you likely would have incurred had you sought court approval for a water right plan for augmentation on your own. It is not uncommon for individuals to pay from $12,000 to $20,000 in engineering and attorney fees to obtain water court approval for a plan for augmentation. The much -lower cost being passed along to you is a result of the efficiencies associated with obtaining simultaneous approval of one plan for augmentation for many District contract holders. Your reimbursement obligation for the plan for augmentation is also dependent on the scale and type of service under your contract with the District. For example, larger residential developments that are included within the plan will pay a proportionately higher reimbursement charge than the owner of a single home included within the plan. REMINDER: FLOW METERS ARE REQUIRED FOR ALL WELLS Please remember that the State Engineer, as part of its approval of the District's plan for augmentation and by statute, requires that all active wells and other diversion structures be equipped with a flow measuring device (flow meters); diversions must be recorded monthly and reported annually for all active contracts. Failure to report your water use as required may be a Page 2 Page 28 *TGEIVED # 9504122 JUL 1 3 16 WATER RESOURO $ Basalt Water Conservancy District Case No. 02CW77 Plan IteirnbursaiiiitVORNEER L NWOOD violation of the Court's decree approving this plan for augmentation. Accordingly, failure to provide this information to the District is grounds for cancellation of your water allotment contract. Please record your water use on a monthly basis on the form you are sent each October. If you no longer have this form, please contact Melody Morris at Resource Engineering to request a replacement form; the contact information for Ms. Morris' is provided below. The flow meters on active wells and diversion structures should read each month and recorded on this form; the completed form should be submitted to the District each year by November 10th. Please do not send your flow meter reporting form with your payment unless your well or diversion structure is inactive and will not be operated by October 31st of this year. If you do not have a flow meter on your well or diversion structure, please have one installed. Should you have any questions please do not hesitate to call or email either Eric Mangeot (ericm@resource-eng.com) or Melody Morris (melody@resource-eng.com) at Resource Engineering, Inc., (970) 945-6777. Regards, Eric Mangeot, P.E., District Engineer Resource Engineering, Inc. Page 3 Page 29 ILI:RESOURCE algangla taMileillENGINEEfaiNG i ri c. Memorandum # 9504122 Resource Engineering, Inc. 906 Colorado Avenue Glenwood Springs, CO 81601 (970)4458777 Voice (970)445-1137 Facsimile RECEIVED JI.13 '16 To: BWCD BOARD OF DIRECTORS WATER RESOURCES STATE ENGINEER From: ERIC MANGEOT t GLENWOOD CC: CHRIS GEIGER Date: JULY 29, 2014 File: APPLICATION -- MUSHROOM ROCK PARTNERSHIP, LLC Applicant Name: Mushroom Rock Partnership, LLC Type of Use: Domestic X Commercial industrial Agricultural Amount: 0.4 AF 0.045 cfs 20 gpni Location: Area A A-4 Area B County. GARFIELD Contiguous: BWCD Division: Inclusion Mid Valley Metro District Notice Required? Yes No X Blue Creelc Water Rights Applied? YesNo X 02CW77 Umbrella Plan Water Rights Applied? Yes X Na Cost $2250 This application is to cover depletions associated with a proposed three lot subdivision northwest of Carbondale, Colorado in Garfield County in the NE1/4 NE1/4 of Section 29, Township 7 South, Range 88 West, of the 6th P.M. (Parcel ID 239329100159). Total depletions are 0.4 acre-feet (AF) and cover three single family dwellings and 3,600 square feet of lawn and landscape irrigation (1,200 square feet per lot). The property in owned by Mushroom Rock Partnership, LLC (Applicant) and is located in Division 3 of the District. Diversions are to be from a proposed well (Permit No. 294196) located in the NEI/4 NE1/4 of Section 29, Township 7 South, Range 88 West, of the 6th P.M. at a point 69 feet from the North section line and 390 feet from the East section line. A copy of the water requirement table is attached along with a BWCD map showing the location of the property. KACbardzIO33 SWIC0171) WaterA6ohta* Contacts- Ka.172 Rinsing Apprmions12014thatrocmRock Panes ip, tLC.doe Page 30 CI w JJLIJ o cci.00 oZ U7 .-4 LIJ 1.2211,1 zw d a tel 3 1 ti 0 C7� Z8 Vg100000000000 �nmmt,mr r 0 1 X00 +� mbe ; 0 0 4 G G O Q+. q .- a a 000 dg CD 0 a 0100 l Cr m .7m S (7) (8) (9) (10) (11) ,(92) Domestic Commercial Lawn Crop in-house or Other Irrigation Irrigation Livestock TOTAL to b �p f7 H W M w r0.� ss�q� i&aii flpo=a 66a6a6a666Ci0 m ii a 00000000a.00a 0.000 1 pPCC§§g4C§O§C] 066666666 C9C70 o Q 0 §§FaaOCOO§G cei0PPPrs66666 enr 6 Ci§§§§C!M§11 000000000000 § 0 0Nrle) etU et 4010 et40CO a as 0! 0. CSC5000C)CS PPPCPPQC?PPPG 0 r- 6 li in li la o (1) (2) (3) (4) (5) (8) Domestic Commercial Lawn Crop In-house or Otter irrigation irrigation Livestock TOTAL Sg$8gK2f313giia aaaaaaaaaaaa i rt C9 C? CS C+ C1 Q G iS Q O GG C C4 OCOboo§§§§§ES 0 0 a C Ci C7 Ci C$ CS 0 0 Q Q pppp SS©©pp pp pp 0PPQG0PQQ000 C 70 / , 4C OO§ O O C Q§ G a 0 6 0 0 6 0 0 0 0 6 0 0 000'0 aWg�8 88'§8§-S r0e+0r Cir r r r 6b4Ca6CICiCiCiCiCiC' r t+ mil n 21. pmt ILI to a CS P. 1 r 0 28 co t wo e 2 0 a Elevation (feet) ui. C 0 0 iC mg g O Q CA A 4:50. 00 a Page 31 C az w # 9504122 AREA A BOUNDARY Page 32 Rev. 03/13 # 9504 122 APPLICATION FOR WATER ALLOTMENT CONTRACT BASALT WATER CONSERVANCY DISTRICT 1. Applicant(s) Contact information a. Name: MUSHROOM ROCK PARTNERSHIP LLC b. Mailing Address: PO BOX 1799, CARBONDALE CO 81623 c. Street Address: -AVEC' JUL 13'16 V\/.4c ER RESOURG1e STxrE ENGINEER GL.ENWOQD d. Telephone Numbers: 970-618-2813 e. Email Address: COLANDMANAGER@GMAIL.COM f. If Applicant is represented by an Attorney, please provide the Attorney's contact information, including name, address, telephone, and email: g. Emergency Local Contact Information, including name, address, telephone, and email: C2k.6b 16-.161b p l tofic,4 y(�• h. Contact Information of property manager, caretaker, irrigator, system operator, or agent who should be provided a copy of this contract, including name, address, telephone, and email: ib 'E jelny‘ 4(fc,.3 a lvvii691(---Q8 epi (• to, i.c CzProgAsf e -i P144? 2. Type of land use (development) proposed for water allotment contract (i.e. single family home, subdivision, gravel pit, etc.): Page 33 # 9504122 Basalt Water Conservancy District Water Allotment Application Page 2 gErEIVED Aug 1 3 '16 WATER RESOURCES STATE ENGINEER GLENWOQ 3. Legal description and address of property on which District's water rights and/or contract water will be used (attach map and vesting deed with proof of ownership)*: swot,. II '5004 7- 61c, b L4 f tt A- Otte 22 Iv -- --� 4. Elevation of property: X 6-7,000 ft., 7-8,000 ft., 8-9,000 ft. 5. Name and legal description of water supply diversion point(s): Name of Diversion Type of Diversions i ( (e.g., a well, spring, ditch, pipeline, etc.) Legal Description: .Nie Quarter, 1,X Quarter, Section 4, Township 7. N / 5, Range e E / W, of the 6th Principal Meridian, at a location G 9 feet from the Ki Section line and t feet from the E Section line. UTM Coordinates (NAD 83): Northing: Easting: Zone 12 / Zone 13. If diversion point is a well, please provide the Well Permit No. Is the well operational/active? Yes, .)( No Is there currently an operating well meter? Yes, X No Notice: A valid well permit with operating well meter will be required under the contract. Page 34 # 9 5 0 4 12 2 RECEIVED Basalt Water Conservancy District Water Allotment Application Page 3 JUL 1 3 '18 WATER RESOURG1 3 STATE ENGINEER GLENWOOD 6. Legal Water Supply: (please check one) Applicant requests consideration by the District to be included in the District's Umbrella Plan for Augmentation decreed in Case No. 02CW77.* *Note: Certain applicants may qualify to be included in the District's Umbrella Plan at the District's discretion. In order to be included in the District's 'Umbrella Plan, the Applicant's depletions must occur within the District's defined "Area A" and the Applicant must reimburse the District its pro rata share of the District's expenses in obtaining the Umbrella Plan decree. Costs of reimbursement are contingent upon location and intensity of the uses, and range from $1,200 for contractees with less than 2 units (EQRs) in certain areas, to $5,000 for more than 8 EQRs in Area A-3 (generally the Roaring Fork drainage above its confluence with the Fryingpan Rivers). Applicant will obtain its own plan for augmentation by applying to the Water Court, Water Division 5 within 2 years of this application. If Applicant has already applied for its own change/approval of plan for augmentation, the Water Court Case Number is: 7. Proposed waste water treatment system: (please check) Tap to central waste water treatment facility Septic tank/leachfi:eld system Evapotranspiration system Other: 8. Proposed use of water (please check) X Domestic/Municipal (single family home(s), duplex(s), condominium(s), mobile home(s), apartment). Please complete page four of this application. Commercial (hotel, office, warehouse, restaurant, bar, retail). Please complete page five of this application. Industrial (gravel pit, manufacturing). Please complete page six of this application. Page 35 RECEIVED 9504122 Basalt Water Conservancy District JUL 1 3 '16 Water Allotment Application Page 4 warER RESOURC1S STATE ENGINEER GLEN WOOD Agricultural (crop irrigation, stock watering). Please complete page seven of this application. Date on which the county or other applicable governmental entities approved the land use for which you seek legal water service: M4 y'* . (Note: Copy of the Resolution of other documentation evidencing such approval should be submitted with application.) 9. What other water rights are associated with or used on the property? 10. What other uses of water occur on the property? ion Page 36 Basalt Water Conservancy District Water Allotment Application Page 5 # 9504122 .:_` 7CEWED JUL 1 3 '18 A R RESQURC S STATE ENGINEER GLENWOOD Please complete the section below if you selected domestic/municipal use on Page 3, No. 8 DOMESTIC/MUNICIPAL WATER USES In -House Single family residential home(s) Number of Units: 3 Duplex(s) Number of Units: 0 Condominium(s) Number of Units: Apartment(s) Number of Units/Rooms: 0 Mobile Home(s) Number of Units: b Irrigation (lawns, parks, open space) Total area to be irrigated 3 CD O© Sq. Ft. or a Acres Type of irrigation system (please check) X irk Sprinkler Flood (irrigation ditch) Domestic stock watering (cattle, horses) Number of animals: Period of use (months): 113K gcg- Other domestic/municipal uses not listed: thtorx Page 37 9504122 Basalt Water Conservancy District Water Allotment Application Page 6 Pt" JUL 1 3 '16 1,ATER RESOD CkS STATE ENGINEER GLEN WOOD Please complete this page if you selected commercial use on Page 3, No. 8 COMMERCIAL WATER USES In -House Hotel: Office(s), square footage: Warehouse/distributor, square footage: Retail, square footage: Restaurant, number of seats: Bar, number of seats: Irrigation (lawns, parks, open space) Total area to be irrigated Sq. Ft. or Acres Type of irrigation system (please check) Sprinkler Flood (irrigation ditch) Other Commercial Uses Not Listed: Page 38 # 9504122 Basalt Water Conservancy District Water Allotment Application Page 7 Please complete this page if you selected industrial use on Page 3, No. 8 INDUSTRIAL WATER USES Please describe your industrial development in some detail: Irrigation (lawns, parks, open space) Total area to be irrigated Sq. Ft. or Acres Type of irrigation system (please check) Sprinkler Flood (irrigation ditch) Page 39 RECEIVED JUL 1 3 '16 WATER RESOURCE S STATE ENGINEER # 9504122 Basalt Water Conservancy District Water Allotment Application Page 8 F C:6 x JUL 1 3 '16 WATER RESOURCES STATE ENGINEER GLEN WOOD Please complete this page if you selected agricultural use on Page 3, Na. 8. AGRICULTURAL WATER USE Irrigation Type of crop(s) (pasture, alfalfa, beans, etc.) and irrigation system: Crop: Acres: Sprinkler: Flood: Crop: Acres: Sprinkler:. Flood: Crop: Acres: Sprinkler: Flood: Crop: Acres: Sprinkler: Flood: Stock Watering (cattle, horses) Number of animals: Months of use: Other agricultural uses not listed: Page 40 Basalt Water Conservancy District Water Allotment Application Page 9 STATE OF Clio WC 0 COUNTY OF Qrc,rci �l # 9504122 VERIFICATION ) ) ss. REC El E JUL 13'16 WATER RESOURCES STATE ENGINEER GLEN WOOD I, ClItg- j ,n (name of Applicant or Applicant's duly authorized representative), being first duly sworn, upon oath, depose and state as follows: 1) I am the Applicant or a duly authorized officer, manager, agent or attorney-in-fact for the Applicant for this Application for Water Allotment Contract; 2) I have read and know the contents of this Application; 3) The information contained herein is an accurate and complete description of the Applicant's intended use of the Basalt Water Conservancy District's water rights; 4) The Applicant acknowledges that the accuracy and truth of all statements in this Application are conditions of approval of this Application by the Basalt Water Conservancy District and of the Contract to be made pursuant to such approval; and 5) I acknowledge that this application shall be subject to the District's Water Allotment Contract as approved and issued by the District. Date: .1-4.27, -Zn/H By: d 1 Print Naine: weA fj 7? 1 Title: ktyied(c— Subscribed and sworn before me this 2(:)( day of J w2y , 20 ) `1 by d e1 � z la-� t mess my hand and seal. ArjaP "5: ' 4dao l. •bSCSiF'` .. Page 41 # 9504122 Basalt Water Conservancy District Water Allotment Application Page 10 My commission expires: 1 b/ l a h Page 42 RECEIVE() JUL 13'16 WATER RESOUJRCES STATE ENGINEER Notary Public GLENWOOD 111117163711APIRAMAINIAINCIRiniiiIiii Re tptlortA: 747477 O. 26 ]00e rt 16 1 am Jinn 61661.16u1 of 2 Ria F,14 111 00 Dat Fab 000 Gi1YFIE.1) COL3r:r CS 1111 MR111111111E1 1111 1 N{ QUIT CLA1IvI DEED 9504122 TI.13S DEED, made this 1an3, day of APr11 , :0041 , between ammwooD LINO =PAM, LLC, A CCLOAADV L20.27171 1SAJ1Li1' CO WAA7 grantor, whose street address is: 710 R. =WIC AM= 6XC ASPEN Co a1011 County Of I'ITICIN State of cvLomito , for the consideration 4f 73:N Pm-UV:A.613MCA Cana Ana vALtlAa.a 666r412aa41AT2ait in hand paid, hereby soils and quitclaims to: 1660661X1Y X070 PA37756421 2P, LLC., A CbLoaADO 1.10IITaP LZA3IL717 grantee, whose street address is: A.O. Atli 51331, A»»=11, CO 01013 E " - 4 . JUL 1 3 '16 WATER RESOURCS STATE ENGINEER GLENWOOD County of PrruuN , State of catmaikuo , the following legally described water rights: ANY AITIHITENr1N1'TO Ti IE FItOrI;RTv Appurtenant to: CSS i>52=ST 'A* ASSAD= R66620 AWS OADC A PARS uaPmr. Signed as of the day and year first above written. State of 1 OLOtunO County of I'ITKIN G=auaa Lang CaXPANY,. LLC. A CYALRaAmo L1313666 rammJT1' =PART ori WIMUXVPRNZAH = AtaaX. XA1WOCA C. CA S. iK YAiY }ss, •e43743-:G.""-x.m�..y ..i Tbc foregoing instrument was acknowledged before me this clay of April la. I056 by =URA C. 1IHL6 An ATTC3nRfT to bier loan 6o66S2 SCRUM t1ACC2L'Cti AS SANAo= Or OLtlt[Otl0 LAA10 =PAW, LLC. A COLCXAD° Lr112TED LSACILXT CLZ6PAiir Witness my hand and official seal. My commission expires; Notary Public When Recorded Return to: e0251fin09 Sacs raarrtVASUIP. LLC A CaLOExna &1X1159 P.O. 6O8 1 281 ArPCN, 07 ran, rose 331 MATS/4.04V 11/20/01 0022 CLUMP= (41a3ii4} Page 43 II FITANNIMPECOVN(WRIM 11116 R"e t1w+9: 747427 01121. 2006 11:fil:40 At .ort Albsrf44__ n 2 2 0 F.:011.00 Ono fa.0 00 GARFIECO COUNTY CO EX$IHIT A 9504121 Pki JUL 1 3 16 WATER RESOURCES STATE ENGFNEER GLENWOOD A PARCEL OF LAND SITUATE IN LOT 1, RECTION 29, =MOM 7 500TU, RANRE 88 NEST ON 7}!8 SIETE PRINCIPAL MERIDIAN. C0VN1'rT 08 GAR9ZBLb, STATE O! COLOAAD0, BEING 180RE 8MTIC G ARLT DUCAT= AB P0LL01R51 9882NNZNO AT A POUND BRAGS CAP L.B. 7734 E12 PLACE FOR TEE MORTEMART CORN= 09 SECT=ON 29. T02N88IP 7 80028, RANOE OS VIM, MINCE A MONO 8. L.ld. ALU1tT CAP EN PLACE POR T&E RAST 1/4 Comm POS SATO SEC?ZON 29 1111AR5 8 00 DSGRSES 27151" 10 A DI0TAbiCB OF 2677. $6 FUST. WETS ALL B1LMWOS CONTAINED HZ5Z112 INITNO ANLAT3Vk1 T R12TOD =Net S 00 MESAS 27' 51" W ALONG TEE EAST 11125 OF SAID 8NOTION 29 A AZBTANCB OP 781.74 Mir TO A POINT ON THE NORMA8TSALY laCaT 0! WAY 8011 COLOSAD0 STATE NIGAWAY NO. 82, TREECE ALONG TSE NORTHEASTERLY RiO8'7 OF WAX Liss POA SATO COLORADO STATE SIOSNAY NET. 82 718 POLLOSIN0 5 C04A8E8. 1) 28.11 PRET ALONG TAE ARC OP 1 CURVE CONCAVE TO TSS 90OT11397, HAVING A RADIUS OF 3065.00 MEET ANO M8033 CORD BEAU N 38 0005553 43'59" WA DISTANCE Or 20.11 k'EET1 2) 17 39 0009018 44'46" 1R A DISTANCE OP 310.40 PEST! 3) N 39 DOORBES 45'46" 11 A DXW1'1ONCB or 350.00 MOST; 4) N 25 35091213 43'46" 19 A DX3TUC** OP 206.20 PEET, 5) N 52 DEGR889 52'22" W A DISTANCE OP 105.26 PEEP TO A POINT ON TUX Num LINE 0r SAID SECTION 29; T8141C2 $ 89 0203i= 13'51" 8i ALONG TAR 120RT8 L].W5 OF SAID SECTION 29 A DISTANCE OF 621.94 PEST TO TSS POINT OF BEG/WINO COUNTY OF Gaa" = ST#TL OF COLORADO 0253000601 FOrm 426, 430 E11218tTA1 01/11/93 Page 44 11/16/2016 Account R111346 Location Account Num ' r R111346 Parcel Numb 2393-291-00-159 Situs Address City Carbondale Tax Area 011 - 1R -MF - 011 Legal Summary Section: 29 Township: 7 Range: 88 LOT 1 LYING N OF HWY 82. Transfers Sale Date 01/01/1900 01/01/1900 09/0 /1996 04/08/2008 04/10/2008 04/10/2008 04/10/2008 04/10/2008 09/13/2010 Tax History Tax Year Taxes *2016 2015 * Estimated $2,554.96 $1,996.56 Account wner Information Owner Name MUSHROOM ROCK PARTNERSHIP, LLC Owner Address PO BOX 1799 CARBONDALE, CO 81623 Sale Price $150,000 Images • Photo • Sketch • GIS Assessment History Actual (2016) Assessed Tax Area: 011 Mill Levy: 4,7500 $429,410 $34,180 Type Actual Assessed Acres QFF Units Improvement $22,600 $1,80 Land $406,810 $32,38 Doc Description Deeds Deeds SPECIAL WARRANTY DEED POWER OF ATTORNEY STATEMENT OF AUTHORITY SPECIAL WARRANTY DEED QUIT CLAIM DEED STATEMENT OF AUTHORITY Right Of Way Easement Page 45 http://act.garfield-county.com/assessor/taxweblaccount.jsp?accountN um=R111346&guest=true 5.630 0.000 1.000 1/1 X Q C UiCK ZOQM M NIJ 0 r z XCrt g 4 c 0 G F <. A 01 Qr ;v. a. . vA 0 m a F co 10. N sd7 =. w a c. 0 o CO a w E Q N t - c 0 k y 0 C.41 +9' as eM 0 S N 1 M N) c9 r3 A DISPLAY Water Well Applica DWR Parcels EPA Well Notificati Oil/Gas Well Locati ❑ ❑ ® ❑ us N 41 u V CL O z 5 10 0 N 4) t) CG zx tB C. 0. G 0 0 0 a Q�r K mI mI ti 07 0) CJ D. 0. E O N V O 4) 0 0. 05Z'8 I1 Output Scale E X 0 O IROOM ROCK BWCD no 645 Tax no R111346 Li- CO a LuJ x(-) E O:gCl)CI 00 f- W', 0 E._. -yy Aa , Based on work developed at http://www.carto.net Page 46 Ray's Well Done Pump Service, LLC Ray Latham August 3, 2016 Attn: Caleb RE: Well Test @ 10211 Hwy. 82/Carbondale On 8/3/16, a four hour well test was conducted on a well located at 10211 Hwy. 82/Carbondale. The following information was obtained: Approx. Well Depth 220' Casing Size 7X5" steel Static Water Level 141.0 ft. Total Test lime 4 hours Draw Down 152.6 ft. Production 15.0 GPM Test Pump 2.0 HP Remarks: This well is adequate for multiple family homes. 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 we_Idonepii a- s grnaii.co i` Lic. # 1419 P.O. Box 863 Rifle, CO 81650 970-379-8017 welldonepumps@gmail.com Page 47 Lic. #1419 S GaS ACCUTEST Mountain States SGS ACCUTEST IS PART OF SGS, THE WORLD'S LEADING INSPECTION. VERIFICATION, TESTING AND CERTIFICATION COMPANY. SGS Technical Report for Ray' s Well Done Pumps, LLC Caleb 10211 Hvw 82 SGS Accutest Job Number: D85308X Sampling Date: 08/03/16 Report to: Ray' s Well Done Pumps, LLC PO Box 863 Rifle, CO 81650 welldonepumps@gmail. com ATTN: Ray Latham Total number of pages in report: 11 Test results contained within this data package meet the requirements of the National Environmental Laboratory Accreditation Program and/or state specific certification programs as applicable. 08/23/16 e -Hardcopy 2.0 Automated Report Client Service contact: Cristina Araujo 303-425-6021 Scott Heideman Laboratory Director Certifications: CO (C000049), ID, NE (C000049), ND (R-027), NJ (CO 0007), OK (D9942), UT (NELAP C000049), LA (LA150028), TX (T104704511), WY CO (C000049) This report shall not be reproduced, except in its entirety, without the written approval of SGS Accutest. Test results relate only to samples analyzed. Mountain States • 4036 Youngfield St. • Wheat Ridge, CO 80033- aW4tie1: 303-425-6021 • fax: 303-425-6854 • http://www.accutest.com TESSGS Accutest is the sole authority for authorizing edits or modifications to this document. SGS ACCUTEST1 Unauthorized modification of this report is strictly prohibited. D85308X Sections: Table of Contents -1- Section 1: Sample Summary 3 Section 2: Subcontract Lab Data 4 Section 3: Misc. Forms 9 3.1: Chain of Custody 10 Page 49 D 0 SGS AC2 of 11 CUTEST D85308X SGS Accutest Sample Summary Ray' s Well Done Pumps, LLC Caleb 10211 Hyw 82 Job No: D85308X Sample Collected Matrix Client Number Date Time By Received Code Type Sample ID D85308 -1X 08/03/16 14:00 RL 08/04/16 DW Drinking Water 10211 HY 82 Page 50 SGS ACC3 of 11 UTEST D85308X SGS ACCUTEST Mountain States 1 Subcontract Lab Data Report of Analysis Page 51 Section 2 SGS AC4 of 11 CUTEST D85308X HAZEN Accutest Mountain States Kaila Gaither 4036 Youngfield St Wheat Ridge, CO 80033 Hazen Research, Inc. 4601 Indiana Street Golden, CO 80403 USA Tel: (303) 279-4501 Fax: (303) 278-1528 REPORT OF ANALYSIS DATE HRI PROJECT HRI SERIES NO DATE RECD. OUST. P.O.# August 18, 2016 009-93 H093/16 8/5/2016 D85308X SAMPLE NO. H093/16-1 SAMPLE IDENTIFICATION: D85308X-1 - sampled on 08/03/2016 @ 1400 by RL PARAMETER Gross Alpha (+-Precision"), pCi/I (T) Gross Beta (+-Precision"), pCi/I (T) Total Solids, mg/I RESULT 18(+-5) 3.4(+-2.6) 492 DETECTION LIMIT METHOD 1.4 2.2 10 SM 7110 B SM 7110 B EPA 160.3 ANALYSIS DATE ANALYST 8/16/2016 LD @ 0840 8/16/2016 LD @ 0840 8/5/2016 DJ Certification ID's: CO/EPA C000008; CT PH -0152; KS E-10265; NJ C0008; NYSELAP (NELAC Certified) 11417; RI LA000284; WI 998376610, TX T104704256-15-6 *Variability of the radioactive decay process (counting error) at the 95% confidence level, 1.96 sigma. Report may only be copied In its entirety. Results reported herein relate only to discrete samples submitted by the client. Hazen Research, Inc. does not warrant that the results are representative of anything other than the samples that were received in the laboratory. CODES: (T) = Total (D) = Dissolved (S) = Suspended (R) = Total Recoverable (PD) = Potentially Dissolved <= Less Than By: �+ -. 1. Jessl� • Axen Anar, Kcal Laboratories Ma ager An Employee -Owned Company Page 52 Page 1 of 1 SGS ACC5 of 11 UTfST D85308X HAZEN RESEARCH, INC. RADIOCHEMISTRY LABORATORY Batch QC Evaluation Form -Gross Alpha Date: 08/lo/?o1!o Analyte: Gross Alpha Control Standard/LFB: ID: 011 pCi/ml: 57.4 (use 1.0 ml diluted) Spike Solution: ID: C11 pCi/ml: 57.4 (use 1.0 ml) 4( Spike Recovery Calculation: Sample: I1+r Calculation: 52. I 1.0 0.0 0.2 X 100 = !' S7.`74 Batch QC Evaluation: Parameter Criteria Pass Fail N/A Control Std./LFB +/-- 30 % / Spike Recovery 70 - 130 % / Blank <or=2xMDL / Duplicate 1 95% confidence interval overlap Duplicate 2 * 95% confidence interval overlap * Required for batch size greater than 10 samples. Conclusions: ' Batch Passes _Batch Fails Batch Passes, with exceptions: Reruns Required: Narrative: Batch Listing by Lab Control Number: MoCki/(P Page 53 SGS ACC6 of 11 UTEST D85308X HAZEN RESEARCH, INC. RADIOCHEMISTRY LABORATORY Batch QC Evaluation Form -Gross Beta Date: d8/4/2a/47 Analyte: Gross Beta Control Standard/LFB: ID: C11 pCi/ml: 44.0 (use 1.0 ml diluted) Spike Solution: ID: C11 pCi/ml: 44.0 (use 1.0 ml) Spike Recovery Calculation: Sample: 7 Calculation: (3.4)(I.b) - (O.0) (0.2) X 100 = 87 4.0 Batch QC Evaluation: Parameter Criteria Pass Fail N/A Control Std./LFB +/-- 20 % Spike Recovery 80 - 120 % / Blank < or = 2 x MDL /. Duplicate 1 95% confidence interval overlap / Duplicate 2 * 95% confidence interval overlap / * Required for batch size greater than 10 samples. Conclusions: Batch Passes Batch Fails Batch Passes, with exceptions: Reruns Required: Narrative: Batch Listing by Lab Control Number: gee0/l(0 t($3 I(p 3 / Evaluator: Lf Page 54 11-1111, Date SGS ACC7 of 11 UTEST D85308X 0 d 0 CHAIN OF CUSTODY Matrix Codes LAB USE ONLY X 0 0 co m 0 ate'SIS'5 �O'V-60 300N3 X H055 lajeM IO :NON YOSZH CONS 10H 3 0 v cn 0 E 0 0 0 0 a 0 C V 0 m A O 0 0 0 E U NZ!, N ▪ z M 2 o 0. n E —I `a Jo 0 -J Ct O Page 55 Turnaround Time ( Business days 5 5 (1-- r • 5 x 5 0 • 0 0 N SGS Acctio. T D85308X es SGS ACCUTEST Mountain Stat Misc. Forms Custody Documents and Other Forms Includes the following where applicable: • Chain of Custody Page 56 Section 3 el SGS AC9 of 11 CUTEST D85308X CHAIN OF CUB. -_„ai • •=,K PAGE OF ..".',, %m._dl 0..:._a+ 5 Somw Samoa 1® Accrues Luboraloriee Moaoluiu Sid, LAt3O84A1(0811L5, 4036Y gild St r Whom Ridge, Co 80033 ILL 303 225 6021 877.737:4521 p5.ae330 .: -' 30030 .:,i.::.2 Biala 0.2., Co10(a* O,,..:_ -i *lob* 3 �y 1 C' UX „, t ;i g q Mt i�b� 'IIf`x-I4 �a. 0000St0, t, n ,, + I,,,, '� I ;,,; Ao , It „� , I ,,� {M,y�1 iali o, :. 50 1 5�1 '!' rt.-.I v `I ' 4' tt T0). r Mainz Codes L _ yNume .f("} s . 'e1i0m,,,,, .mi Project Norro C /e 8 /0, 0 1->f 7_ Q t,5 1,c �+ e(� t ` aM. � ` V N Y`d1,7 ,it � 4. ' [ j V { .0 V r fir, v Xa< 'y; Q r� r)� S �r DWDrinking Wcler GW - G00200 Wold WW-�� 5W. Surface Wale, So - Soli SED -S• ediment 01.00 LIq-Other Liquid AIR • Air SOL- Other Solid WP • Wipe FEquipmBank tBl EB -B- Rin, Equipment R& Rinse Blank T Rinse Slunk Street dross Street 3 / (7/30001 0) �Y`> 3 _ .... ,._ .._. City //JJ�� Stale If RA, Cir'/O If 04- City: C _...- Project Contact �..�i .,t ,„,uE.--mail ,p ll n• //(/.M!'6e 'rW.Y'& 4:0,..., Proiect5 Ea, Street Address ((( Fo P'ta* x `703 7p +1 ry // '' // Client PON City Sime Tip Simple (s) Nanwfs) Phone * Piuie�::nundyu, Atk:tix:; P01 anncam amber el ma rw:d So0lus Mwun sa µe a Field ID / Point of CullecliD: MEorvi;l vial x Dare Tba. Somolad M ksoeb, * ar bJe:.:, i i g 1 1 aw L ; F � � "LAB USE ONLY ioyxu 14 V z.. ft -3,4 7v:oN . 0.... 2 3 aC X X K K k 01 if i S ,. r 11) 10(1?' 6#:r,;lilts .a?;;::54 id#Lt/ la�r ,,:: YW9tktY.EiTC:BxUBle,i40442o(.fcI. ^-• Turnui mond Ulna Business days) A*Wevad by (Amuse taw 'Dram ❑ SW. 10 Business Doys Q Com,Os,ois) 4' 1.22*) i) QSt"to f:::::., = Co,nmorjm'B° ( Looe 2) = EbD F.::;.._: ❑ Std. 5 Business Doys (By Contract only) Q Commede/ "FP ,narrative O PDP ❑ 6Dan13 SH Q FULLT1 (Level 3s4) ❑ 3Day EMER(rENfl ❑ 2 Day EML-RCE;a.J 0,11000da°A'. Results Only ❑ 1 Day EMERGENG Rush T1A rima iav08rrbie VIA Lablink Commenlin °B°. Rends ♦ QC Summary • __.,-,- Sampl Custody mus) docmens nine samples change possession, including courier deliaxri Sample Rel of LY S`�{+?m 7 7j '�+re-'� Dmania: 9 PY' 3 7'6 'AA's,/ cl'och Aa syeJ$y di . " � ' `� iNailn9,dshstl DY. 1 ,.,. ,... J 2 w :::.: I ;ru.ry. `s i °"I iv 2 ``^+('ly'.,`r„l l 2,240 Ra ,yu,5,ud 2450031a,. 3 Dots Ti,nw Race:va16y. in1042100025,7 3 14 `�,., DMT : 8OCati., Br: I4 R.ilnea:rbedbi: 5 Dat.TIm.: Ra0000040,0 jc .adr Seat* ei' 6000* 3,..., .J wh.ra appilcabk _ On k. COMrTeaw (`" 5 ".'1.-1•" D Not 1000* �} -_Z-.C' t.SC1 GL 1 Page 57 D85308X: Chain of Custody Page 1 of 2 (03 3 10 of 11 SGSACCUTEST D85308X SGS Accutest Sample Receipt Summary Job Number: D85308 Client: RAYS WELL Project: CALEB 10311 HWY 82 Date / Time Received: 8/4/2016 12:40:00 PM Delivery Method: Airbill #'s: hdco Cooler Temps (Initial/Adjusted). #1: (4.1/4.1): Cooler Security 1. Custody Seals Present: 2. Custody Seals Intact: Cooler Temperature 1. Temp criteria achieved: 2. Cooler temp verification: 3. Cooler media: 4. No. Coolers: Y or N ❑� ❑ 3. COC Present: • r] 4. Smpl Dates/Time OK Y or N ❑ IR Gun; Ice (Bag) Quality Control Preservation 1. Trip Blank present / cooler: 2. Trip Blank listed on COC: 3. Samples preserved properly: 4. VOCs headspace free: Comments Y or N El ❑ El ❑ Sample Integrity - Documentation Y or N 1. Sample labels present on bottles: ❑� ❑ 2. Container labeling complete: ❑� ❑ 3. Sample container label / COC agree: 0 ❑ Sample Integrity - Condition Y or N 1. Sample recvd within HT: W ❑ 2. All containers accounted for: 0 ❑ 3. Condition of sample: Intact Sample Integrity - Instructions Y - or N N/A 1. Analysis requested is clear: 0 ❑ 2. Bottles received for unspecified tests ❑ ❑� 3. Sufficient volume recvd for analysis: ❑,� ❑ 4. Compositing instructions clear: ❑ ❑ ❑� 5. Filtering instructions clear: ❑ ❑ ❑J Page 58 D85308X: Chain of Custody Page 2 of 2 SGS11 of 11 ACCUTEST D85308X MUSHROOM ROCK ADU SECTION 5 WASTEWATER MANAGEMENT ALL SERVICE epti January 14, 2015 Caleb Edelman edelmancm@yahoo.com 33 Four Wheel drive Rd Carbondale, CO 81623 970.309.5259 Subsurface Investigation and Onsite Wastewater Treatment System Design Proposed Garage with Plumbing TBD Hwy 82 Garfield County, Colorado Caleb, Project No. C1101 ALL SERVICE septic, LLC performed a subsurface investigation and completed an onsite wastewater treatment system (OWTS) design for a future garage with plumbing on the western portion of the subject 5.63 -acre property (Site) with the following legal description: A Parcel of land situated in Lot 1, Section 29, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado. In addition to the garage, the owner desires to have the ability to construct a 4 -bedroom residence in the future without further modifications to the OWTS. The Site is located outside of Carbondale, in an area where OWTSs and wells are necessary. SITE CONDITIONS The northern portion of the Site is currently developed with a single-family residence. A recently installed OWTS serves the single-family residence. A driveway also exists on the northern portion of the Site for access to the single-family residence. A garage with plumbing is proposed on the western portion of the Site. A private well also exists on the Site. The well is located greater than 100 -feet from the proposed OWTS that will serve the proposed garage with plumbing. The proposed soil treatment area (STA) location has approximately a twenty percent slope across the proposed STA. Native vegetation such as sage and scrub oak exists in the area of the proposed STA. SUBSURFACE The subsurface was investigated on August 12, 2014 by digging two 8 -foot soil profile test pit excavations (Test Pits) and conducting a visual and tactile evaluation of the soils at approximately 3 -feet below native grade. The materials encountered in the Test Pit #1 consisted of medium to dark brown, moist, topsoil to 6 -inches, underlain by brownish red sandy loam with single grain structure shape, weak structure grade, and loose consistence with flat, platy cobbles 2 to 4 -inches in diameter to a maximum depth explored of 7.5 -feet. No bedrock or groundwater was encountered. The materials encountered in the Test Pit #2 consisted of medium to dark brown, moist, topsoil to 6 -inches, underlain by brownish red sandy loam with single grain structure shape, weak structure grade, and loose consistence with flat, platy cobbles 2 to 4 -inches in diameter to a maximum depth explored of 7.0 -feet. No bedrock or groundwater was encountered. Page 2 Page 2 Soils are classified as Soil Type 1. A long term acceptance rate (LTAR) of 0.8 gallons per square foot will be used to design the OWTS, in accordance with Table 10-1 presented in the Garfield County On -Site Wastewater Treatment System Regulations, adopted April 14, 2014. Test Pits observed August 12, 2014 Test Pit #1 Test Pit #2 DESIGN SPECIFICATIONS The proposed garage will include a shower, toilet, and lavatory for use by one person. Wastewater flow, in accordance with Table 6-2 presented in the Garfield County On -Site Wastewater Treatment System Regulations, adopted April 14, 2014, is calculated at 47.9 gallons per day. Since a future, 4 -bedroom residence is contemplated, the OWTS design will be based on 4 -bedrooms. Design Calculations: Average Design Flow = 75 x 2 x 3 Bedrooms + 75 PGD = 525 GPD = Q Q / LTAR = 525 gallons/day / 0.8 gallons/SF = 656 SF 656 GPD x 1.2 (gravity, bed) x 0.7 (chambers) = 551 SF Page 3 Page 3 The system installation will include a new 1250 -gallon, two-compartment concrete septic tank an effluent filter on the outlet tee. Effluent will gravity flow to a distribution box which must be made accessible from grade. The STA will consist of three rows of 11 `Quick 4' Infiltrator® chambers and one row of 13 `Quick 4' Infiltrator® chambers for a total of 46 `Quick 4' Infiltrator® chambers and 552 square feet of infiltrative area. Inspection ports must be placed at the beginning and end of each row of chambers. The component manufacturers are typical of applications used by contractors and engineers in this area. Alternatives may be considered or recommended by contacting our office. Construction must be according to Garfield County On -Site Wastewater Treatment System Regulations, the OWTS Permit provided by Garfield County Building Department, and this design. REVEGETATION REQUIREMENTS An adequate layer of good quality topsoil capable of supporting revegetation shall be placed over the entire disturbed are of the OWTS installation. A mixture of native grass seed that has good soil stabilizing characteristics (but without taproots), provides a maximum transpiration rate, and competes well with successional species. No trees or shrubs, or any vegetation requiring regular irritation shall be plated over the STA. Until vegetation is reestablished, erosion and sediment control measures shall be implemented and maintained on site. The owner of the OWTS shall be responsible for maintaining proper vegetation cover. OPERATION INFORMATION AND MAINTENANCE The property owner shall be responsible for the operation and maintenance of each OWTS servicing the property. The property owner is responsible for maintaining service contracts for manufactured units, alternating STAs, and any other components needing maintenance. Geo -fabrics or plastics should not be used over the absorption area. No heavy equipment, machinery, or materials should be placed on backfilled STAs. Livestock should not graze on the STA. Plumbing fixtures should be checked to ensure that no additional water is being discharged to OWTS. For example, a running toilet or leaky faucet can discharge hundreds of gallons of water a day and harm a STA. The homeowner should pump the septic tank every two years, or as needed gauged by measurement of solids in the tank. Garbage disposal use should be minimized, and non -biodegradable materials should not be placed into the OWTS. Grease should not be placed in household drains. Loading from a water softener should not be discharged into the OWTS. No hazardous wastes should be directed into the OWTS. Mechanical room drains should not discharge into the OWTS. The OWTS is engineered for domestic waste only. ADDITIONAL CONSTRUCTION NOTES If design includes a pump, air release valves and weep holes must be installed to allow pump lines to drain to minimize risk of freezing. The pump shall have an audible and visual alarm notification in the event of excessively high water conditions and shall be connected to a control breaker separate from the high water alarm breaker and from any other control system circuits. The pump system shall have a switch so the pump can be manually operated. Excavation equipment must not drive in excavation of the STA due to the potential to compact soil. Extensions should be placed on all septic tank components to allow access to them from existing grade. Backfill over the STA must be uniform and granular with no material greater than minus 3 -inch. Page 4 Page 4 INSTALLATION OBSERVATIONS ALL SERVICE septic, LLC must view the OWTS during construction. The OWTS observation should be performed before backfill, after placement of OWTS components. Septic tanks, distribution devices, pumps, dosing siphons, and other plumbing, as applicable, must also be observed. ALL SERVICE septic, LLC should be notified 48 hours in advance to observe the installation. LIMITS: The design is based on information submitted. If soil conditions encountered are different from conditions described in report, ALL SERVICE septic, LLC should be notified. All OWTS construction must be according to the county regulations. Requirements not specified in this report must follow applicable county regulations. The contractor should have documented and demonstrated knowledge of the requirements and regulations of the county in which they are working. Licensing of Systems Contractors may be required by county regulation. Please call with questions. Sincerely, ALL SERVICE septic, LLC (.AC OV -g Carla Ostberg, MPH, REHS Reviewed By: Liability Clause: Under no circumstances whatsoever shall the liability of ALL SERVICE septic, LLC, in connection with any contract, directly or indirectly, exceed the total amount paid by the client to ALL SERVICE septic, LLC for the services and/or goods which are the subject of the contract in connection with which the liability arises. Page 5 1,01.60 :JegwnN 1aaload `diusJeupod roH wooausnW o 0 o 0) 0. (. CO N O Q Q CO (Z 07 XI 0 Co D 91717L/1,0 :ajea 1740 1. leagIS O ££6£l 57 do0 .' Jogo& punoJ NV -Id 31IS 514171,/1, 431`da 2431131 NOIS34 HlIM NOIlONflf NOO NI 43Sl 38 1SflW SONIMVHO 0 a`k 0rP roy .,0-.001- = „L :meas 0 q cri 9 2 9' 0979 9 O 781.74 50027.51"W Oo Page 6 53.54 l2 uoa,2aas 1 Z =rte 11 1111 LELL :aagwnN;aafoad aouapise uewiap3 91./171.40 :81eCI P4OZlaagS N O 0 IS 43S0dOId 0) () m 0 N O Page 7 01 0 0 � < W = m N (n CO m �� 0 0 O'10 u Dorn _. 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(6. co (D (D Q Z W 0 0 C0 -ao 56/171-/60 :a1W4 17 do 17 }eat -IS 0 0 D D z 0 m ✓ rt o m c 0 CD - 0 s}aod }alul }InDA sa0i}u0 obJoyosi0 6ui}olnpoW abJoyosi0 }uan1413 aoi}u0 }uaA Tank Adapter (cast or bolted) 7 CD (D 0_ -' �C) O d CD CD 0_ 0 0 Page 9 sJas!d aj Jouo0 CD C7 r+ CD 0_ 0_ O 0 m CD m 01 O N n 0 d33MS-319000 0 0 D m z O o m D_ 0 D z 0 2 0 c U) m m cnz m 0 0 0 an 12HONOO EGVHO 01 1HOfOHe H AOO GNV XO8 MUSHROOM ROCK ADU SECTION 6 ACCESS PERMIT COLORADO Department of Transportation Transportation Systems Management & Operations Region 3 Traffic Section 222 S. Sixth St, Rm 100 Grand Junction, Colorado 81501 (970) 683-6284 Fax (970) 683-6290 January 21, 2016 Mushroom Rock Partnership, LLC PO Box 1799 Carbondale, CO 81623 RE: State Highway Access Permit No. 316001, located on Highway 082, Milepost 10.421, in Garfield County Dear Permittee: The Colorado Department of Transportation (CDOT) has received your signed permit and application fee. A copy of the issued permit is enclosed. CDOT has issued a Notice to Proceed for this permit since the permit did not require any additional construction of the access. Please keep a copy of the access permit and the notice to proceed for your files. If you have any questions or need more information, please contact me at the office listed above. Respectfully, a&74e,„, Dan Roussin Region 3 Access Manager Cc: File 4201 E Arkansas Avenue, 3rd Floor, Denver, Colorado 80222 P 303.757.9654 F 303.757.9219 www.coloradodot.info Page 2 COLORADO DEPARTMENT OF TRANSPORTATION STATf HIG WAY ACCESS PERMIT Ric& el . i.z a c, C r P rmit :g9./ Date of transmittal ,1,1 $50. QQ 1/7/2016 The Permittee(s); Mushroom Rock Partnership, LLC Region/Section/Patrol 3 / 02 /12-2 Alan Hayes Applicant: CDOT Permit No. 3ifi001 State Highway No/Mp/Side 1082 A / 10.421 / L Local Jurisdiction Garfield County Ref No,: PO Box 1799 Carbondale, CO 81623 970-618-2813 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 if 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 82, a distance of 2400 feet east of mp 10 Access to Provide Service to: (Land Use Code:) (Size or Count) (Units) 210 - Single -Family Detached Housing 2 DHV Additional Information: This permit is for an existing permitted access where the number of DHV is increasing from 1 DHV to 2 DHV. 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. All 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 Les Stanton 2K2 with the Colorado Department of Transportation in Grand Junction, Colorado at (970) 309-3338, at least 48 hours prior to commencing construction within the State 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 full authority to accept the permit and its terms and conditions. 7erPee Signature Print Name c46 , ,7 This permit is not valid until signed by a duly authorized representative of the Department. COLORADO DEPARTMENT OF TRANSPORTATION ure Copy Dlatribution: Required: Make copies as necessary for: 1.Region 3.Staff Access Section Local Authority inspector 2.Applicant 4.Central Files MICE Patrol Traffic Engineer Date /- 9—.20/4 Print Name &hid iedbA teN. 2:ercipitn.4, Page 3 Date (of issue) Prevlous edi ns are obsolete and may not be used Page 1 of 3 CDOT Form #101 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 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 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 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 (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 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. Page 4 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 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 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. 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 state 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 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 State 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 sufficient 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 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 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. 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 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. 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. 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. 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), 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 in 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 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 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 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 clean as part of maintenance of the highway drainage system. However, the permittee 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 specifications, requires authorization from the Department. 11. The Permittee is responsible for obtaining any necessary additional Federal, State and/or City/County permits Form 101, Page 3 Page 5 STATE HIGHWAY ACCESS PERMIT 316001 Located in Garfield County, Hwy 082A Mile Marker 10.421 L Issued to Mushroom Rock Partnership, LLC January 7, 2016 TERMS AND CONDITIONS 1. This access is approved as constructed in accordance with Section 2.6(3) of the Access Code. 2. This permit replaces any and all additional access permits that may be in existence. 3. 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. 4. The traffic limitations listed on the face of this permit shall be adhered to. The traffic volumes are listed in Design Hourly Volume (DHV) trips or Average Daily Trips (ADT) where entering the site and returning counts as two trips. 5. The total traffic volume for this driveway is 2 DHV (passenger car equivalents) for 2 single- family homes that are located at 10211 Hwy 82, Carbondale, CO. 6. 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. 7. 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 clean as part of maintenance of the highway drainage system. However, the permittee 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 repair such as culvert replacement, resurfacing, or changes in design or specifications, requires authorization from the Department. -2- Page 6 COLORADO DEPARTMENT OF TRANSPORTATION Environmental Clearances Information Summary PURPOSE - This summary is intended to inform entities external to CDOT 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 permits/clearances 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 if there is any uncertainty about what permits/clearances 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 CDOT Permit, Or Enforcement Actions By Other Agencies CLEARANCE CONTACTS - As indicated in the permit/clearance 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 https://www.colorado.gov/pacific/cdphe/all-permits CDOT Water Quality Program Manager: (303) 757-9343 http://www.coloradodot.info/programs/environmental/water-quality • CDOT Asbestos Project Manager: Theresa Santangelo-Dreiling, (303) 512-5524 • Colorado Office of Archaeology and Historic Preservation: (303) 866-3395 • U.S. Army Corps of Engineers, District Regulatory Offices: Omaha District (NE CO), Denver Office (303) 979-4120 http://www.nwo. usace.army.m it/M issions/RegulatoryProgram/Colorado.aspx Sacramento Dist. (Western CO), Grand Junction Office (970) 243-1199 http://www.spk.usace.army.mil/Missions/Regulatory.aspx Albuquerque District (SE CO), Pueblo Office (719)-543-9459 http://www.spa.usace.army.mil/Missions/RequlatoryProgramandPermits.aspx • CDOT Utilities, Special Use and Access Permitting: (303) 757-9654 http://www.coloradodot.info/business/permits Ecological Resources - 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 special authorization from the CDOT 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 Region 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 CDOT website, http://www.coloradodot.info/programs/environmental/wildlife/guidelines or the Colorado Parks and Wildlife (CPW) website, http://www.cpw.state.co.us/learn/Paqes/SOC-ThreatenedEndangeredList.aspx. Additional guidance may be provided by the appropriate Region Planning and Environmental Manager (RPEM). Cultural Resources - 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 CDOT. If archaeological sites/artifacts or historic resources are known to exist prior to the initiation of the permitted work or are encountered as the project progresses, all work in the subject area shall be halted and the CDOT Regional Permitting Office and Region 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 and RPEM. Contact Information: Contact the OAHP for file searches at (303) 866-3395. Paleontological Resources - 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 shall be halted and the CDOT Regional Permitting Office and Region 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. 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 (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 petroleum 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: Andy Flurkey, CDOT Hazardous Materials Project Manager, (303) 512-5520. 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 8. Disposal of ACM, and work done in asbestos -contaminated soil, must comply with the CDPHE 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. Environmental Clearances Information Summary Page 1 of 3 Page 7 Colorado Department of Transportation December '14 Additional information concerning clearance on CDOT projects is available from the CDOT Asbestos Project Manager (303) 512- 5519, or Theresa Santangelo-Dreiling, Property Management Supervisor (303) 512-5524. Transportation of Hazardous Materials - 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 at 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 -state HAZMAT Registration (303) 969-6748. Colorado Public Utilities Commission: (303) 894-2868. Discharge of Dredged or Fill Material — 404 Permits Administered By the U.S. Army Corps of Engineers, and Section 401 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). Depending upon the specific circumstances, it is 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 the appropriate Corps District Regulatory Office for information about what type of 404 permit may be required (contact information above). Contact the CDPHE Water Quality Control Division at (303) 692-3500. Working on or in any stream or its bank - 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 measured by valley length. The CPW application, as per guidelines agreed upon by CDOT and CPW, can be accessed at http://www.coloradodot.info/programs/environmental/wildlife/guidelines. Stormwater Construction Permit (SCP) and Stormwater Discharge From Industrial Facilities - Discharges of stormwater runoff from construction sites disturbing one acre or more - or certain types of industrial facilities, such as concrete batch plants - requires a CDPS Stormwater Construction Permit. Contact Information: Contact the CDPHE Water Quality Control Division at (303) 692-3500. Website: https://www.colorado.gov/pacific/cdphe/wq-construction-general-permits. 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. For Dewatering Application and Instructions, see Section 3 at the CDPHE website: https://www. colorado.gov/pacific/cdphe/wq-construction-general-permits. Municipal Separate 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 an 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 or within the Right of Way (ROW) must comply with the applicable provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations Permit # COS - 000005 (http://www.coloradodot.info/programs/environmental/water-quality/documents/ms4-program-area-maps) and COR -030000 (https://www.colorado.gov/pacific/cdphe/wq-municipal-ms4-permits). Discharges are subject to inspection by CDOT and CDHPE. Contact the CDPHE Water Quality Control Division at (303) 692-3500 for a listing of municipalities required to obtain MS4 Permits, or go to https://www.colorado.gov/pacific/cdphe/wq-municipal-ms4-permits. General Prohibition — Discharges - All discharges are subject to the provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations. Prohibited discharges include, but are not limited to, substances such as wash water, paint, automotive fluids, solvents, oils or soaps and sediment. Allowable non-stormwater discharges can be found at http://www.coloradodot.info/programs/environmental/water-quality/glossary.html. Contact Information: Contact the Colorado Department of Public Health and Environment, Water Quality Control Division at (303) 692-3500. General Authorization - Allowable Non-Stormwater 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, uncontaminated springs, footing drains; water line flushing, flows from riparian habitats and wetlands, and flow from firefighting activities. Contact Information: The CDPHE Water Quality Control Division (telephone #'s listed above). Erosion and Sediment Control Practices - For activities requiring a Stormwater Construction 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 to minimize erosion and sedimentation according to CDOT Standard Specifications 107.25 and 208. All disturbances require a stabilization plan, native seeding or landscape design plan. In any case, the CDOT Erosion Control and Stormwater Quality Guide (most recent version) should be used to design erosion controls and to restore disturbed vegetation. Contact Information: The CDOT Erosion Control and Stormwater Quality Guide may be obtained from the Bid Plans Office at (303) 757-9313 or from: http://www.coloradodot.info/programs/environmental/landscape-architecture/erosion-storm-quality. 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 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) may be left on-site after either being Environmental Clearances Information Summary Page 2 of 3 Page 8 Colorado Department of Transportation December '14 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, etc.). Contact Information: Contact CDPHE (telephone #'s listed above). Noxious Weeds and Invasive Species Management Plan — Noxious Weeds and Invasive Species guidance can be found by contacting the Colorado Department of Agriculture (https://www.colorado.gov/pacific/agconservation/noxiousweeds) and the Colorado Division of Parks and Wildlife (http://cpw.state.co.us/aboutus/Pages/RS-NoxiousWeeds.aspx). In either case, management plans involving the control of noxious weeds associated with the permitted activity and cleaning of equipment will be required. 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 facility and must be located a minimum of 50 feet from state waters, drainageways, and inlets. Concrete washout shall only be performed as specified by the CDOT Environmental Program and shall be in accordance to CDOT specifications and guidelines. Contact Information: Contact CDPHE or find additional information on the CDOT website: Revision of Sections 101, 107, 208, 213 and 620 Water Quality Control One or More Acres of Disturbance. 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 CDOT Illicit Discharge Hotline at (303) 512-4446 (4H20), as well as the Regional Permitting Office and Regional Maintenance Supervisor. Spills on highways, into waterways, any spill in the highway right-of-way exceeding 25 gallons, or that may otherwise present an immediate danger to the public shall be reported by calling 911, and shall also be reported to the CDPHE at 1-877-518-5608. About This Form - Questions or comments about this Information Summary may be directed to Alex Karami, CDOT Safety & Traffic Engineering, Utilities Unit, at (303) 757-9841, alex.karami@state.co.us. Environmental Clearances Information Summary Page 3 of 3 Page 9 Colorado Department of Transportation December '14 COLORADO Department of Transportation What is stormwater runoff? Stormwater runoff occurs when precipitation from rain or snowmelt flows over the ground. Impervious surfaces like roads and sidewalks prevent stormwater from naturally soaking into the ground Why is stormwater runoff a problem? Stormwater can pick up debris, chemicals, dirt and other pollutants and flow into CDOT's storm drain system or directly into a stream, river, lake, wetland or reservoir. Anything that enters CDOT's storm drain system is discharged untreated into the waterways we use for fishing, swimming, and providing drinking water. Dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash, chemical waste, biological nutrient, biological material, radioactive material, heat, pH, wrecked or discarded equipment, rock, sand, any industrial, municipal, or agricultural waste. Tips for Reporting an Illicit Discharge Call the illicit discharge hotline at (303) 512-4426 From a safe distance try to estimate the amount of the discharge. Identify characteristics of the discharge (color, odor, algae, etc.). Obtain information on the vehicle dumping the waste (if applicable). Do not approach! Call *CSP for illicit dumping. If possible, take a photo, record a license plate. REMEMBER: Never get too close to the illicit discharge, it may be dangerous!!! For more information on CDOT Utility Permits: https://www.codot.gov/business/permits/utilitie sspecialuse For more information on CDOT Access Permits: https://www.codot.gov/business/permits/access permits For more information on CDOT Water Quality Program: Water Quality Program Manager 4201 E. Arkansas Ave. Shumate Building Denver, Colorado 80222 303-757-9343 Page 10 COLORADO Department of Transportation Water Quality IDrcoram Industrial Facilities [program CDOT has a Municipal Separate Storm Sewer System permit, otherwise known as (MS4) from the Colorado Department of Public Health and Environment. The permit states that only stormwater can be discharged from CDOT's storm drain system 'NW TO THE WASTEWATER TREATMENT PLANT . skorm drain pipe TO THE LOCAL WATERBODY As part of the permit, CDOT has several different programs to prevent pollutants from entering into the storm drain system: Construction Site Program New Development Redevelopment Program Illicit Discharge Program Industrial Facilities Program Public Education and Outreach Program Pollution Prevention and Good Housekeeping Program Wet Weather Monitoring Program COLORADO Department of Transportation Control Measures for Industrial Facilities Industrial facilities can use control measures (CM) otherwise known as Best Management Practices (BMP) during the construction of a facility and when operating the facility. Control measures are schedules of activities, maintenance procedures, and other management practices to prevent and reduce pollution entering into CDOT's storm drain system. Control Measures also include treatment, operating procedures, and practices to control site run off which can include structural and non-structural controls. GREATS THE GAUNTLET LX I ARETHgiE } V PO(LVf11NT5i THEREA BMP PRESENT2 ISTNBTNE PROPER %V FOR THE POLLUTANT? IS THE BMP PROPERLY MUMTAIREOT. CIn compliance!! CDOT defines a utility, or utility facility as any privately, publicly, or cooperatively owned line, facility, or system producing, transmitting or distributing the following: ✓ Communications ✓ Cable television ✓ Power ✓ Electricity ✓ Light ✓ Heat Gas ✓ Oil ✓ Crude Products ✓ Water ✓ Stream ✓ Waste ✓ Stormwater not connected with highway drainage ✓ Similar Commodity COLORADO Department of Transportation Industrial Facilities Program Elements: 1. Educate and outreach to owners or operators that have potential to contribute substantial pollutant to water. 2. Report and include information on discharge and water quality concerns. Provide written notification within 15 days of discovery to CDPHE. 3. Submit an annual report to CDPHE containing the number of informational brochures distributed; name and title of each individual trained. Ed ucation There are instances when a utility company or other entity doing work in the state highway right-of-way will require some type of environmental permit or clearance for that work. CDOT has put together an Environmental Clearances Information Summary for those applying for a CDOT Utility and Special Use Permit or Access Permit to obtain all required clearances. This fact sheet is given to each permittee and is available at: https://www.codot.gov/programs/enviro nmental/resources/guidance- standards/Environmental%20Clearances% 20Info%20Summary.pdf S GaS ACCUTEST Mountain States SGS ACCUTEST IS PART OF SGS, THE WORLD'S LEADING INSPECTION. VERIFICATION, TESTING AND CERTIFICATION COMPANY. SGS Technical Report for Ray' s Well Done Pumps, LLC Caleb 10211 Hvw 82 SGS Accutest Job Number: D85308 Sampling Date: 08/03/16 Report to: Ray' s Well Done Pumps, LLC PO Box 863 Rifle, CO 81650 welldonepumps@gmail. com ATTN: Ray Latham Total number of pages in report: 15 Test results contained within this data package meet the requirements of the National Environmental Laboratory Accreditation Program and/or state specific certification programs as applicable. 08/23/16 e -Hardcopy 2.0 Automated Report Client Service contact: Cristina Araujo 303-425-6021 Scott Heideman Laboratory Director Certifications: CO (C000049), ID, NE (C000049), ND (R-027), NJ (CO 0007), OK (D9942), UT (NELAP C000049), LA (LA150028), TX (T104704511), WY CO (C000049) This report shall not be reproduced, except in its entirety, without the written approval of SGS Accutest. Test results relate only to samples analyzed. Mountain States • 4036 Youngfield St. • Wheat Ridge, CO 80033-3862 • tel: 303-425-6021 • fax: 303-425-6854 • http://www.accutte�esst.c�comm+ of 15 SGS ACCUTEST D85308 SGS Accutest is the sole authority for authorizing edits or modifications to this document. Unauthorized modification of this report is strictly prohibited. Sections: Table of Contents -1- Section 1: Sample Summary 3 Section 2: Summary of Hits 4 Section 3: Sample Results 5 3.1: D85308-1: 10211 HY 82 6 3.2: D85308 -1A: 10211 HY 82 8 Section 4: Subcontract Lab Data 10 Section 5: Misc. Forms 13 5.1: Chain of Custody 14 Ili 1 SGS2 of 15 ACCUTE5T D85308 SGS Accutest Sample Summary Ray' s Well Done Pumps, LLC Caleb 10211 Hvw 82 Job No: D85308 Sample Collected Matrix Client Number Date Time By Received Code Type Sample ID D85308-1 08/03/16 14:00 RL 08/04/16 DW Drinking Water 10211 HY 82 D85308 -1A 08/03/16 14:00 RL 08/04/16 DW Drinking Water 10211 HY 82 3 of 15 SGSACCUTEST D85308 Summary of Hits Job Number: Account: Project: Collected: D85308 Ray' s Well Done Pumps, LLC Caleb 10211 Hyw 82 08/03/16 Page 1 of 1 Lab Sample ID Client Sample ID Result/ Analyte Qual RL MDL Units Method D85308-1 10211 HY 82 Arsenic Calcium Iron Magnesium Manganese Sodium Zinc Alkalinity, Total as CaCO3 Chloride Corrosivity, Langlier Index Fluoride Hardness, Calcium a Nitrogen, Nitrate Nitrogen, Nitrate + Nitrite b Solids, Total Dissolved Specific Conductivity Sulfate pH Temperature (Field) D85308 -1A 10211 HY 82 Calcium Magnesium Sodium Sodium Adsorption Ratio ° 0.00085 51.8 0.099 25.9 0.0019 62.7 0.028 165 14.8 0.1 0.51 129 2.7 2.7 467 620 168 7.70 20 54.2 26.4 64.2 1.79 0.00080 0.40 0.010 0.20 0.0010 0.40 0.010 5.0 0.50 0.10 1.0 0.25 0.25 10 1.0 13 2.0 1.0 2.0 (a) Calculated as: (Calcium * 2.497) to convert to Calcium Carbonate (b) Calculated as: (Nitrogen, Nitrate) + (Nitrogen, Nitrite) (c) Calculated as: (Na meq/L) / sqrt [(Ca meq/L)+ (Mg meq/L)/2] mg/1 mg/1 mg/1 mg/1 mg/1 mg/1 mg/1 mg/1 mg/1 mg/1 mg/1 mg/1 mg/1 mg/1 umhos/cm mg/1 su Deg. C mg/1 mg/1 mg/1 ratio EPA 200.8 EPA 200.7 EPA 200.7 EPA 200.7 EPA 200.8 EPA 200.7 EPA 200.8 SM 2320B-2011 EPA 300.0 SM 203, 1985 EPA 300.0 SM 2340B-2011 EPA 300.0 EPA 300.0 SM 2540C-2011 SM 2510B-2011 EPA 300.0 EPA 150.1 EPA 170.1 SW846 6010C SW846 6010C SW846 6010C USDA HANDBOOK 60 4 of 15 SGSACCUTEST D85308 es SGS ACCUTEST Mountain Stat Sample Results Report of Analysis Section 3 111 SGS5 of 15 ACCUTEST D85308 SGS Accutest Report of Analysis Page 1 of 1 Client Sample ID: 10211 HY 82 Lab Sample ID: D85308-1 Date Sampled: 08/03/16 Matrix: DW - Drinking Water Date Received: 08/04/16 Percent Solids: n/a Project: Caleb 10211 Hyw 82 Total Metals Analysis Analyte Result MCL RL Units DF Prep Analyzed By Method Prep Method Arsenic 0.00085 0.010 0.00080 mg/1 1 08/09/16 08/12/16 SN EPA 200.8 2 EPA 200.8 5 Cadmium < 0.00010 0.0050 0.00010 mg/1 1 08/09/16 08/16/16 SN EPA 200.8 4 EPA 200.8 5 Calcium 51.8 0.40 mg/1 1 08/09/16 08/10/16 JM EPA 200.7 1 EPA 200.7 1994 6 Copper < 0.0020 1.3 0.0020 mg/1 1 08/09/16 08/12/16 SN EPA 200.8 2 EPA 200.8 5 Iron 0.099 0.010 mg/1 1 08/09/16 08/10/16 JM EPA 200.7 1 EPA 200.7 1994 6 Lead < 0.00050 0.015 0.00050 mg/1 1 08/09/16 08/12/16 SN EPA 200.8 2 EPA 200.8 5 Magnesium 25.9 0.20 mg/1 1 08/09/16 08/10/16 JM EPA 200.7 1 EPA 200.7 1994 6 Manganese 0.0019 0.0010 mg/1 1 08/09/16 08/12/16 SN EPA 200.8 2 EPA 200.8 5 Sodium 62.7 0.40 mg/1 1 08/09/16 08/10/16 JM EPA 200.7 1 EPA 200.7 1994 6 Zinc 0.028 5.0 0.010 mg/1 1 08/09/16 08/13/16 SN EPA 200.8 3 EPA 200.8 5 (1) Instrument QC Batch: MA7589 (2) Instrument QC Batch: MA7602 (3) Instrument QC Batch: MA7606 (4) Instrument QC Batch: MA7607 (5) Prep QC Batch: MP 19449 (6) Prep QC Batch: MP 19454 RL = Reporting Limit MCL = Maximum Contamination Level (40 CFR 141) w 3 6 of 15 SGSACCUTEST D85308 SGS Accutest Report of Analysis Page 1 of 1 Client Sample ID: 10211 HY 82 Lab Sample ID: D85308-1 Date Sampled: 08/03/16 Matrix: DW - Drinking Water Date Received: 08/04/16 Percent Solids: n/a Project: Caleb 10211 Hyw 82 General Chemistry Analyte Result MCL Units DF Analyzed By Method Alkalinity, Total as CaCO3 165 mg/1 1 08/08/16 08:00 JD SM 2320B-2011 Chloride 14.8 mg/1 1 08/04/16 16:01 KH EPA 300.0 Corrosivity, Langlier Index 0.1 1 08/22/16 SUB SM 203, 1985 Fluoride 0.51 4.0 mg/1 1 08/04/16 16:01 KH EPA300.0 Hardness, Calcium a 129 mg/1 1 08/10/16 02:51 JM SM 2340B-2011 Nitrogen, Nitrate 2.7 10 mg/1 25 08/04/16 18:52 KH EPA 300.0 Nitrogen, Nitrate + Nitrite b 2.7 mg/1 1 08/04/16 18:52 KH EPA 300.0 Nitrogen, Nitrite < 0.0040 1.0 mg/1 1 08/04/16 16:01 KH EPA 300.0 Solids, Total Dissolved 467 mg/1 1 08/04/16 MR SM 2540C-2011 Specific Conductivity 620 umhos/cm 1 08/09/16 TJ SM 2510B-2011 Sulfate 168 mg/1 25 08/04/16 18:52 KH EPA 300.0 pH 7.70 su 1 08/04/16 13:30 JD EPA 150.1 Field Parameters Temperature (Field) 20 Deg. C 1 08/22/16 SUB EPA 170.1 (a) Calculated as: (Calcium * 2.497) to convert to Calcium Carbonate (b) Calculated as: (Nitrogen, Nitrate) + (Nitrogen, Nitrite) MCL = Maximum Contamination Level (40 CFR 141) w 3 7 of 15 SGSACCUTEST D85308 SGS Accutest Report of Analysis Page 1 of 1 Client Sample ID: 10211 HY 82 Lab Sample ID: D85308 -1A Matrix: DW - Drinking Water Project: Caleb 10211 Hyw 82 Date Sampled: 08/03/16 Date Received: 08/04/16 Percent Solids: n/a SAR Metals Analysis Analyte Result MCL RL Calcium Magnesium Sodium Units DF Prep Analyzed By Method Prep Method 54.2 2.0 mg/1 1 08/09/16 08/10/16 JM SW846 6010C 1 SW846 3010A/M 2 26.4 1.0 mg/1 1 08/09/16 08/10/16 JM SW846 6010C 1 SW846 3010A/M 2 64.2 2.0 mg/1 1 08/09/16 08/10/16 JM SW846 6010C 1 SW846 3010A/M 2 (1) Instrument QC Batch: MA7594 (2) Prep QC Batch: MP 19467 RL = Reporting Limit MCL = Maximum Contamination Level (40 CFR 141) 8 of 15 SGSACCUTEST D85308 SGS Accutest Report of Analysis Page 1 of 1 Client Sample ID: Lab Sample ID: Matrix: Project: 10211 HY 82 D85308 -1A DW - Drinking Water Caleb 10211 Hvw 82 Date Sampled: 08/03/16 Date Received: 08/04/16 Percent Solids: n/a General Chemistry Analyte Sodium Adsorption Ratio a Result 1.79 MCL Units DF Analyzed By Method ratio 1 (a) Calculated as: (Na meq/L) / sqrt [(Ca meq/L)+ (Mg meq/L)/2] 08/10/16 13:55 JM USDA HANDBOOK 60 MCL = Maximum Contamination Level (40 CFR 141) 9 of 15 SGSACCUTEST D85308 SGS ACCUTEST Mountain States Subcontract Lab Data Report of Analysis 1 Section 4 SGS10 of 15 ACCUTE5T D85308 industrial LABORATORIES Industrial Laboratories is your independent, third -party analytical testing laboratory To • SGS Accutest Laboratories 4036 Youngfield St. Wheat Ridge, CO 80033 Attn : Renea Lewis SampleCode Client Sample ID Test Method Test Report Report # Rpt -16080511 Date Reported : 8/5/2016 Date Received : 8/4/2016 Client ID : ACCUTEST Client PO : D85308X Result Units Date Analyzed 16080422-01A D85308X-1, 8/3116, 2:00 PM *Total Coliforms IL -MIC -M-023 / SME W W 9223 B - Colilert Coliforms Absent Submitted By : -"arTh,t,-X\CLArTh Measurement of Uncertainty for Scope methods are available upon request. Samples received In good condition unless otherwise noted in case narrative ST S/412016 17:05 - = Scope Analysis # = Subcontracted Analysis $ = Case Narrative on Sample Page 1 of 1 4046 Youngfield Street . Wheat Ridge, Colorado 80033 • (3031287-9691 . (3031287-0964 FAX . www.industriallabs.net Receipt of analysis acknowledges the terms and conditions, which can be found at www.industriallabs.net This report is not to be reproduced in whole or in part for advertising purposes without obtaining prior written authorization. 11 of 15 SGSACCUTEST D85308 12&15SGS ACCpEs D85308 ! � Jooiii ;°|§|§1 ,z, -..c" §se . is a ; | Ei g , k |- Clly State Zip Wheat Ridge, CO 8003. street Address 4036 Youngfield Street Company Hama SGS Accutest Laboratories Client f Reporting Intonnatlon atia AC C UTEST 4036 Youngfield Street, Wheat Rsdge, CO S0033 TEL. 303-1236021 FAX 301.423-6834 W,m' accutest.mm ' 5 . i|�§§EE 1386308X /12.0g0 t (zz--o ) Field ID / Point of Collection \k " G! _ ( . ■ $ 1 - f ƒ | 7 : } , ) _ . f } , 3 4,,, /] k | `o i ' ! § | . ! Commercial"A" ,Level l) a NYASP CategoryA Q Commercial "B" ( Level 2) Q NYASP Category B Q FULLY' C Laval 344 1 0 State Forms Q NJ Reduced © EDO Format Q Commercial "t- ©x Other COMMA Commeroal'A' = Results Only Commercial lEr • Results + OC Summary NJ Reduced = Results + OC summary. Partial Raw data Fri I Data Deliverable Intotmation /I 2 ; *£ zE ■ o E.= . [ - OD iF lai ❑ I. $, �1I 2 1 E $ li f , NCI | NaON E \ H2SO4a,a - L { ` | . . ` ' . ..�. x �. 5�.m, 7EF« Requested Analyals ( see TEST CODE sheet, | . \ 02 IF 1 . �| • f || t § . 1 . • _ _. ,-- , I ) LAB USE ONLY ¥e); ) 0k. | #2 g a i. 9� .l \ '|F| *-** | i� - , 1 1 Matrix Codes 12&15SGS ACCpEs D85308 SGS ACCUTEST Mountain States Misc. Forms Custody Documents and Other Forms Includes the following where applicable: • Chain of Custody Section 5 SGai13 of 15 ACCUTfST D85308 CHAIN OF CUS. -_„ai • •=,K PAGE OF d.".”Mesoman, 4,uwudl 0.:.... 5 DA. %.max 1® Accukst Loboruloitea M000loiu Sid, LAi3084AY'0P11L5, 4036 Who Ridge, Co 80033 ILL 303 225 6021 877.737:4521 p5a330 ' 30030 .:,i.::.2 lama 02., Co,o(ay O,,..:_ -i *lob 3 Cy q M�„4 0000S0, t,,I, ,� I;�o It„,yiali o, 4',' rt.°.I v `I ' 4' tt T0). r Matrix Codes L _ yNume .,f(”} s 'e1 i0.,,,,, ..mi Project Nemo C /e 8 /0, 0 1-1 , . 7_ Z Q ..l. �`rJiS 1,c �+ .(� t ` ate. � ` V N Y`d1,7 ,it � 4. ' [ j V { .0 V r fir, v Xa< `, �V 'S C Q r� ')� S �r OWDrinking Wcler WW.WeM GW - Grou,w wow�6'3 SW • Seduce Water So - Soli SED -S• ediment 01.00 LIq-Other Liquid AIR • Air SOL - Other Solid WP • Wipe FEquipmSank tW EB -B- Rin, E6a1lank R& Rinse Mehl. T RinseMeh Street dross Street 3 4P ak. ..,.. _... City //JJ�� Stale If RA, Ci"/O If 04- City: T .:._ Project Contact �..�i .d ,„,uE.--mail 4:0,..., ll.(i1:deidria!'1e 'rW.Y'&,-.� Proieci5 Street Address ((( Fo P'e. x `703 7p +1 ry // '- // Client PON City Sime Tip Semple (s) Unreels) Phone If Piuiec::nundyu, Atk:tix:; P01 unncam origami! ;os rw:d So0lus Mwun sa µ. a Field ID / Point of CullecliD: ntevvu� viai x Dare Tba. S000kJ M ksobb, x oa cJeb:, i i g 1 1 aw L ;; Q, F j0 � "LAB USE ONLY io yxu 14 V z.. ft -1,4 lv: oN . 0y.. 2 3 X ?C >C K k 0\ if i FAA',. r 11)WW IJn§#:r, iiia .a?;;::54 Id#Lt/ la�r ,,:: YW9tkt4. iTC:BxUBle,840442t(.fcI. Tarim meal Ulna Business days) Approved by (Accuse tare. 'Dear ❑ SW. I000o)ooss Days Q Commerciall A' (Level i) Q 54 Ra r_..... Q Canmm'Jci'B. ( Looe 2) Q EbD F.::;.._: ❑ Std. 5 Business Days (By Contract only) Q Comm/iced • B' ,Narrative Q PDP o 6Day PI SH Q FULLT1 (Level 3e4) ❑ 3Day EMER(vENfl ❑ 2 Day EM0RGE:4.J Ce1:me:ciu! W. Results Only El1 Day EMERGENG &Rush TOR dam 1,1 &ha VIA blink Comma,Jvi °B'. Rends ♦ QC Summary • .Ercer•en .„._. Sampl Custody mus) docmens rem samples change possession, including courier deliaxri Rel of LY S`�{+?m 7 7j '�+"-'� Dteeniest 9 PY' 3 7'6 'AA's,/ cl'eeh Au v r4$y di . ” 0o ' `� i352,,1,dshstl 01, 1 ,.,. ,... J 2 :4.'4.... ;ru .4y. `s i o -i iv 2 ``^+('l,'„`r„l l 2,240 Ra ,Vu,5,ud 2450034. 3 Dote Tine Raca.141416y. in3042Lb025,7 3 14 `�.., Dater : A«wrett. By: I4 R.anaaesb.d by: 5 Date Time: Rnealve4Dr , ,,ly Sealy ti' 6000* 3,..., .dwh.re appacab1 _ One Caa.rT.ep. (`" 5 ".'1.-1•" D 50010.a �} --Z-.C' t.SCA GL 1 D85308: Chain of Custody Page 1 of 2 SGS14 of 15 ACCUTE5T D85308 SGS Accutest Sample Receipt Summary Job Number: D85308 Client: RAYS WELL Project: CALEB 10311 HWY 82 Date / Time Received: 8/4/2016 12:40:00 PM Delivery Method: Airbill #'s: hdco Cooler Temps (Initial/Adjusted). #1: (4.1/4.1): Cooler Security 1. Custody Seals Present: 2. Custody Seals Intact: Cooler Temperature 1. Temp criteria achieved: 2. Cooler temp verification: 3. Cooler media: 4. No. Coolers: Y or N ❑� ❑ 3. COC Present: • r] 4. Smpl Dates/Time OK Y or N ❑ IR Gun; Ice (Bag) Quality Control Preservation 1. Trip Blank present / cooler: 2. Trip Blank listed on COC: 3. Samples preserved properly: 4. VOCs headspace free: Comments Y or N El ❑ El ❑ Sample Integrity - Documentation Y or N 1. Sample labels present on bottles: ❑� ❑ 2. Container labeling complete: ❑� ❑ 3. Sample container label / COC agree: ❑� ❑ Sample Integrity - Condition Y or N 1. Sample recvd within HT: ❑J ❑ 2. All containers accounted for: 0 ❑ 3. Condition of sample: Intact Sample Integrity - Instructions Y - or N N/A 1. Analysis requested is clear: 0 ❑ 2. Bottles received for unspecified tests ❑ ❑� 3. Sufficient volume recvd for analysis: ❑,� ❑ 4. Compositing instructions clear: ❑ ❑ ❑� 5. Filtering instructions clear: ❑ ❑ ❑J D85308: Chain of Custody Page 2 of 2 Cri SGS15 of 15 ACCUTEST D85308 David Pesnichak Senior Planner Garfield County Community Development Department 108 8th St Suite 401 Glenwood Springs, CO 81601 Dear David Pesnichak: This letter is being sent in response to the letter dated April 24, 2017 that outlines some additional items needed for a Land Use Change Permit for an Accessory Dwelling Unit for Mushroom Rock Partnership, LLC. The Garfield County File Number is GPAP-04-17-8529. In this letter and its attachments you will find supplemental information that will allow the Administrative Review Process to proceed. Mineral Ownership 1. Public records were searched to obtain the necessary information regarding mineral owners. These records were searched by the Owner in 2014. Authority 2. The Owner had the Statement of Authority recorded with the County Recording Office, approximately 2 weeks ago. According to the Owner they were told by the County Recording Office staff that this recorded document would be available for viewing online. Based on this comment he was assuming that it would be something the Community Development Department would have access to and has not passed on any additional documentation to include with this response letter. If this assumption is incorrect and you need us to return to County Recording Office to get a copy of this recorded Statement please let me know. Access 3. The road from the ADU to the CDOT frontage road meets the dimensional standards in Table 7-107. In addition to this statement a note to this effect will be added to the Site Plan as part of the building permit application. 4. The access driveway does not cross the Aspen Glen HOA parcel. It does cross the BLM parcel. See the attached Right -of -Way Grant that gives legal right to cross this property. Rock Fall Hazard 5. The Site Plan included with the original application noted an existing flowline ditch approximately 123' southeast of the proposed ADU location. South of this is the area impacted by rock fall. This dimensional separation would ensure that the ADU is not vulnerable to rock impact. David Pesnichak May 10, 2017 Page 2 Thank you for your time. Please let me know if there is any additional information needed to proceed with the Administrative Review Process. Sincerely, Derek Nunez (347) 421-3322 studiodus@outlook.com Form 2800-14 (August 1985) Issuing Office Colorado River Valley Field Office COC -073132 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT RIGHT-OF-WAY GRANT SERIAL NUMBER COC -073132 Mushroom Rock LLC Access Road 1. A right-of-way is hereby granted pursuant to Title V of the Federal land Policy and Management Act of October 21, 1976 (90 Stat. 2776; 43 U.S.C. 1761). 2. Nature of Interest: a. By this instrument, the holder: Mushroom Rock Partnership LLC PO Box 1717 Carbondale, Colorado 81623 receives a right to construct, operate, maintain, and terminate an access road as shown on public lands described as follows: T. 7 S., R. 88 W., Section 20, lot 21, 6th Principal Meridian, Garfield County, Colorado b. The right-of-way area granted here is 16 feet wide, 136 feet long and contains 0.10 acres, more or less. c. The right of ingress and egress is granted on existing roads. d. This instrument shall terminate on December 31, 2040, unless, prior thereto, it is renewed, relinquished, abandoned, terminated, or modified pursuant to the terms and conditions of this instrument or of any applicable Federal law or regulation. e. This instrument may be renewed. If renewed, the right-of-way shall be subject to the regulations existing at the time of renewal and any other terms and conditions that the authorized officer deems necessary to protect the public interest. Page 1 of 8 f. Notwithstanding the expiration of this instrument or any renewal thereof, early relinquishment, abandonment, or termination, the provisions of this instrument, to the extent applicable, shall continue in effect and shall be binding on the holder, its successors, or assigns, until they have fully satisfied the obligations and/or liabilities accruing herein before or on account of the expiration, or prior termination, of the grant. 3. Rental: For and in consideration of the rights granted, the holder agrees to pay the Bureau of Land Management fair market value rental as determined by the authorized officer unless specifically exempted from such payment by regulation. Provided, however, that the rental may be adjusted by the authorized officer, whenever necessary, to reflect changes in the fair market rental value as determined by the application of sound business management principles, and so far as practicable and feasible, in accordance with comparable commercial practices. 4. Terms and Conditions: a. This grant issued subject to the holder's compliance with all applicable regulations contained in Title 43 Code of Federal Regulations part 2800, and all other applicable federal, state, and local laws, regulations, and standards. b. Upon grant termination by the authorized officer, all improvements shall be removed from the public lands within 90 days, or otherwise disposed of as provided in paragraph (4)(d) or as directed by the authorized officer. c. Each grant issued for a term of 20 years or more shall, at a minimum, be reviewed by the authorized officer at the end of the 20th year and at regular intervals thereafter not to exceed 10 years. Provided, however, that a right-of-way or permit granted herein may be reviewed at any time deemed necessary by the authorized officer. d. The plans, maps, or designs set forth in the Application, and Special Stipulations and Conditions (Exhibits A and B attached hereto) are incorporated into and made a part of this grant instrument as fully and effectively as if they were set forth herein in their entirety. e. Failure of the holder to comply with applicable law or any provision of this right- of-way grant or permit shall constitute grounds for suspension or termination thereof. f. The holder shall perform all operations in a good and workmanlike manner so as to ensure protection of the environment and the health and safety of the public. Page 2 of 8 SPECIAL STIPULATIONS AND CONDITIONS 1. The holder shall notify the Colorado River Valley Field Manager (Authorized Officer) at least ten (10) days prior to the start of construction or any surface disturbing activities. The authorized officer may require and schedule a preconstruction conference with the holder prior to the holder's commencing construction or surface disturbing activities. 2. The plans, maps, and designs set forth in the application are incorporated into and made a part of this Grant instrument as fully and effectively as if they were set forth herein in their entirety. 3. All design, material, and construction, operation, maintenance, and termination practices shall be in accordance with safe and proven engineering practices. The holder shall perform all operations in a good and workmanlike manner so as to ensure protection of the environment and the health and safety of the public. 4. The holder shall disturb and remove only the minimum amount of soils and vegetation necessary for the construction and relocation of the power line and facilities authorized herein. Riparian vegetation shall not be removed. 5. No construction or maintenance activities shall be allowed during periods when the soil is too wet to adequately support construction equipment or motorized vehicles. If such use creates ruts in excess of three inches deep, the soil shall be deemed too wet to adequately support construction vehicles or equipment. 6. Trash shall be confined in a covered container while construction is in progress. Upon completion, all trash, flagging, laths, etc., shall be removed and hauled to an authorized disposal site. 7. The holder shall comply with all county, state, and federal regulations and permit requirements. 8. The National Historic Preservation Act (NHPA) requires that if newly discovered cultural resources are identified during project implementation, work in that area must stop and the agency Authorized Officer notified immediately (36 CFR 800.13). The Native American Graves Protection and Repatriation Act (NAGPRA), requires that if inadvertent discovery of Native American Remains or Objects occurs, activity must cease in the area of discovery, a reasonable effort made to protect the item(s) discovered, and immediate notice made to the BLM Authorized Officer, as well as the appropriate Native American group(s) (IV.C.2). Notice may be followed by a 30 -day delay (NAGPRA Section 3(d)). Further actions also require compliance under the provisions of NHPA and the Archaeological Resource Protection Act. Further actions also require compliance under the provisions of NHPA and the Archaeological Resource Protection Act. 9. Pursuant to 43 CFR 10.4(g) the holder of this authorization or its contractor must notify the AO, by telephone, with written confirmation, immediately upon the discovery of human remains, funerary items, sacred objects, or objects of cultural patrimony. Further, pursuant Page 3 of 8 to 43 CFR 10.4(c) and (d), the holder must stop activities in the vicinity of the discovery and protect it for 30 days or until notified to proceed by the AO. 10. The operator or its contractor is responsible for informing all persons who are associated with the project operations that they will be subject to prosecution for knowingly disturbing historic or archaeological sites, or for collecting artifacts. If historic or archaeological materials are uncovered during any project or construction activity, the operator must stop work in the area of the discovery that might further disturb such materials, and immediately contact the AO. Within five working days the AO will inform the operator as to the mitigation measures the operator will likely have to undertake before the site can be used (assuming in place preservation is not necessary). 11. The lessee is to ensure equipment involved in land disturbing actions be clean of noxious weed seeds or propagative parts prior to entry on site. When working in areas with noxious weeds, equipment should be cleaned prior to moving off site. 12. The National Historic Preservation Act (NHPA) requires that if newly discovered cultural resources are identified during project implementation, work in that area must stop and the agency Authorized Officer notified immediately (36 CFR 800.13). The Native American Graves Protection and Repatriation Act (NAGPRA), requires that if inadvertent discovery of Native American Remains or Objects occurs, activity must cease in the area of discovery, a reasonable effort made to protect the item(s) discovered, and immediate notice made to the BLM Authorized Officer, as well as the appropriate Native American group(s) (IV.C.2). Notice may be followed by a 30 -day delay (NAGPRA Section 3(d)). Further actions also require compliance under the provisions of NHPA and the Archaeological Resource Protection Act. Further actions also require compliance under the provisions of NHPA and the Archaeological Resource Protection Act. 13. The access road shall be crowned, ditched, surfaced, drained with water dips, and constructed to BLM Gold Book standards. Initial gravel application shall be a minimum of 6 inches. The lessee shall provide timely year-round road maintenance and cleanup on the access road. The lessee would be required to monitor for and control erosion and minimize sediment transport. 14. The National Historic Preservation Act (NHPA) requires that if newly discovered cultural resources are identified during project implementation, work in that area must stop and the agency Authorized Officer notified immediately (36 CFR 800.13). The Native American Graves Protection and Repatriation Act (NAGPRA), requires that if inadvertent discovery of Native American Remains or Objects occurs, activity must cease in the area of discovery, a reasonable effort made to protect the item(s) discovered, and immediate notice made to the agency Authorized Officer, as well as the appropriate Native American group(s) (IV.C.2). Notice may be followed by a 30 -day delay (NAGPRA Section 3(d)). Further actions also require compliance under the provisions of NHPA and the Archaeological Resource Protection Act. Mushroom Rock LLC will notify its staff and contractors of the requirement under the NHPA, that work must cease if cultural resources are found during project operations. A standard Education/Discovery Surface Use Conditions of Approval for the protection of Native American values would be attached to the permit. The importance of these COAs should be stressed to the Page 4 of 8 operator and its contractors, including informing them of their responsibilities to protect and report any cultural resources encountered. The proponent and contractors should also be aware of requirements under the NAGPRA. 15. Mitigation for noxious weed control is presented in the Invasive, Non-native Species section. To promote establishment of native, perennial vegetation and to minimize the amount of bare ground suitable for noxious weed establishment in the project area, the ROW applicant will be required to seed all disturbed areas with a certified weed -free seed mix of grasses adapted to the site. The seed mix will be as follows: Species of Seed Variety Application Rate % of Mix (PLS lbs/ac) Western wheatgrass Arriba, Rosanna 9.0 27 Sandberg bluegrass VNS 1.0 24 Indian ricegrass Paloma or Rimrock 6.0 25 Bluebunch wheatgrass Secar, Anatone, 6.5 24 P-7 or Goldar Total 22.5 PLS lbslac The seed mix will be certified free of noxious weed seeds, i.e. the seed shall contain no noxious, prohibited, or restricted weed seeds and shall contain no more than 0.5 percent by weight of other weed seeds. Due to the small amount of acreage disturbed, the seed may be broadcast on site, and the seed mix application rate given above is for broadcast application. Prior to seeding, the seedbed shall be scarified and left with a rough, uncompacted surface. The seeded area shall be raked or harrowed following broadcast seeding to provide 0.25 to 0.5 inches of soil cover. Substitutions to the seed mix may be approved by the authorized officer provided the species are native and are adapted to the site. 16. This Grant shall not be assignable without written permission of the authorized officer. 17. This Grant may be renewed. If renewed, the Grant shall be subject to the regulations existing at the time of renewal and any other terms and conditions that the authorized officer deems necessary to protect the public interest. Maps, Drawings Page 5of8 ▪ ,ta.‘- 11111111 s. ---z:., ‹, „._. -"- -- —:.‘44; •,- - b. • c.ft.A..••'4.,,. ''' , --r' ---- - . .-... 'fie,. As41' 1 :.1.,-:/ "If..• N'ev .F..St Existing 2 -Track Proposed to be Improved Legend flonsio or Land fetanagem era Bureau of Reclamation In Reservalion IMIlary Reservation neitIonal Grasslands National Pan Swats Other Federal Primal Mate NM Sine County City. Aron Orirerneed-Jones Lend L. L•nde ▪ US FAIN and W.I. Ser.C• 1.15 Forest Seneca. • Mushroom Rock LLC Page 6 of 8 15 4,4 1114 144 1 0 11 •� v j ;C n' o -G • it ' illi II NI111111 ts I'1 1iiiiIa►1 e r ;11 'ttlI; 'Iv € 11 zr {. n e i V tsa � s s r: ■ as t+ �i r'f r t # fl�1T j1ii+ [r' �l. tti i"[E ���' i' [ i.� {s ie ft.i • y 459 � 11 gt�i� !��{r �'E;�i:i i,ir�: FI l t�iit�`rltt(t tliii C:fit:gt! `tlE!lri! '`• fl 1fi i r"eqtotille h{ '1 `i'A . i���[iff �{fr tE '• r%+ �#'e i ; fi i +tti{ 111111 e a a F' � j, l r ri#�. ! r [i [.i+ + [ j rrr;f 114 1# + i t . III tr , > 4t� 4s�ii ;���i ,c I EI } 11 iI I; I { ; P i + i, {� !l [,.[•�'� t "! �i.t t #t1 Page 7of8 IN WITNESS WHEREOF, The undersigned agrees to the terms and conditions of this right-of-way grant. oFi.4.//1/ • /4(.#14-0-?-r- Signature of Holder Title ignatur a A horized Officer Associate Field Manager (late) (Ef ecti e date of Grant) Page 8 of 8 Carole Huey Realty Specialist, BLM Colorado River Valley Field Office 2300 River Frontage Road Silt, CO 81652 Office: 970-875-9023 Fax: 970-876-9090 chuey@blm.gov BUREAU OF LAND MANAGEMENT L s E - 0 — -. O ` Li - c 1- O v el3YE CU C .0 O — m CL L L CU O O L 0 [.) 1 i+ � L O o ao►-. . v o }1 L a-' h 0-' 0 `- L 1.7, f0 o 0 +, \ 4J 0- ^ 0C C +T+ E t a) }, 4 d W +� ;j , 7�a ye_ E . E a LA -0 0 't F.) E °Q O o n 13.1 'o , is 'D (0 a7 0 f0 0 '0 '- a cN 0 0 ` a r0 Ii L E b bri o E i C as s L C -0 +' c t - a a-0� a y _0 ca [,7 C f0 cal13.0 0. T 73 03 0 7 (3 C '> o E t- Y 0 Ca 0. c 0 y TO fa h in .1 - C .� — 0E03 = CL = = y Cr; 0 0 N CO H a CO A c IF 3 w ffs a rn 0 4, sL w Les W N O `1 .0 0-c i, f0 O to 0 L C E •; C v E 0 "0 0 Ico - co I- 130 - encumbering, or c 0 C 0) C 0 U x 0 O N 0 f0 C 0 ICU 0 a) _c 4- 0 O 0 0_ L O 0 f0 0 E f0 C 0) 1- Z c w CJ .0 0 To s 0 .0 c O 0. O v CU rU 40 f0 0 0 0 0 f0 0 0 U 0 0 0C 0 0) .0 ca C 0 L o 0 a) >°o 0 f0 z t 0 E (41 m C C C N C H 0 0_ co E 0 C 0 u� 0 M o 0 1,1 fa 0 0 CO 0. C W O s E -a c -c o CU CO CU CL O 0. f0 a) C 4-4CO t 03 CU w CLL L r L.C ro c C C fa 0 E 0 in 0 a) > C) U C O �+ U 0 L z 0, (0 E E r ti i-+ 0 a 4 o o c O N 2 0 U 0 CO_c a- Y 0 E.c m .n O C 0) O .0 a) to 0 O ro 0 Y U 3 C m E Ta..Y 00 0) w to �j `' a x a) C C r0 0 _C E 'cn CO 2 David Pesnichak Senior Planner Garfield County Community Development Department 108 8th St Suite 401 Glenwood Springs, CO 81601 Dear David Pesnichak: This letter is being sent in response to the letter dated May 11, 2017 that mandated an updated mineral owners search for a Land Use Change Permit for an Accessory Dwelling Unit for Mushroom Rock Partnership, LLC. The Garfield County File Number is GPAP-04-17-8529. The Owner, Mushroom Rock Partnership, LLC (Caleb Edelman) completed a new mineral owner search on Friday, May 26, 2017. Based on this search there are no mineral owners to report. Thank you for your time. Please let me know if there is any additional information needed to proceed with the Administrative Review Process. Sincerely, Derek Nunez (347) 421-3322 studiodus@outlook.com David Pesnichak From: Derek Nunez <studiodus@outlook.com> Sent: Tuesday, May 30, 2017 11:14 AM To: David Pesnichak Subject: RE: Mushroom Rock Part - ADU Hello Dave, The Owner completed the search in harmony with what is outlined in the Garfield County Memorandum dated June 24, 2014 RE: Mineral Interest Research. This research included reviewing the appropriate documents mentioned in this memo that are recorded with the County Clerk and Recorder. Regards, Derek