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Home My WebLink About1.01 Supplemental MaterialsCOLORADO f R COADO Colorado River Engineering P.O. Box 1301 J VER Rifle, CO 81650 (970) 625-4933 ENGINEERING 111COR POA TE D Memorandum To: Mr. Glenn Hartmann From: Wendy Ryan and Chris Manera, P.E. Date: 1/26/2018 Subject: Supplemental Application Materials — Meadow Creek Ranch (MCR) Job #: CRE 1156 Colorado River Engineering (CRE) has reviewed your Floodplain Permit Completeness Review and is submitting these additional requirements in response to that letter. 1. General Application Materials a. Proof of Ownership - Deed attached to this supplemental report. b. Authorization to represent - attached c. Statement of authority for LLC - attached d. Signatories - The owner signed the application that was submitted previously. e. Agreement to pay form — attached 2. List of Property Owners within 200 feet of the subject property a. Account R015086 Owner MAIN ELK CREEK RANCH LLC Physical Address 3132 243 COUNTY RD NEW CASTLE 81647 Mailing Address 42600 R MANCINI DRIVE STERLING HEIGHTS, MI 48314 b. Account R150243 Owner BUREAU OF LAND MANAGEMENT Physical Address Not available SILT 81652 Mailing Address 2300 RIVER FRONTAGE ROAD SILT, CO 81652 2018-01-25 Supplemental_Information_MeadowCreekRanch_Restoration_Letterhead Page 1 of 6 COLORADO f R COADO Colorado River Engineering P.O. Box 1301 J VER Rifle, CO 81650 (970) 625-4933 ENGINEERING 111COR POA TE D c. Account R013261 Owner BRANNAN PROPERTIES INC Physical Address 2025 245 COUNTY RD NEW CASTLE 81647 Mailing Address 401 W REDONDO BEACH BLVD GARDENA, CA 90248 d. Account R130308 Owner DAWSON, CLARENCE F TRUST & DAWSON, BETTY S TRUST Physical Address 2175 245 COUNTY RD NEW CASTLE 81647 Mailing Address 2175 COUNTY ROAD 245 NEW CASTLE , CO 81647 e. Account R013246 Owner 4J LLC Physical Address 2101 245 COUNTY RD NEW CASTLE 81647 Mailing Address 1793 COUNTY ROAD 245 NEW CASTLE, CO 81647 f. Account R015116 Owner ALPINE TRUST & ASSET MGMT DIV OF ALPINE BANK AS TRUSTEE FOR TRUST UNDER WILL OF HENRY P WILLIAMS JR FBO WILLIAMS, ERIC C Physical Address Not available NEW CASTLE 81647 Mailing Address 225 N 5TH STREET GRAND JUNCTION, CO 81501 g. Account R015110 Owner RYDEN, LOISE REVOCABLE TRUST Physical Address 3869 245 COUNTY RD NEW CASTLE 81647 Mailing Address 963 COUNTY ROAD 229 SILT, CO 81652 2018-01-25 Supplemental_Information_MeadowCreekRanch_Restoration_Letterhead Page 2 of 6 COLORADO f R COADO Colorado River Engineering P.O. Box 1301 J VER Rifle, CO 81650 (970) 625-4933 ENGINEERING 111COR POA TE D h. Account R015159 Owner ROBERTS, WARREN W TRUST & ROBERTS, CARLA R TRUST Physical Address Not available NEW CASTLE 81647 Mailing Address 4450 COUNTY ROAD 245 NEW CASTLE, CO 81647 i. Account R013262 Owner SOWIEJA, THOMAS J Physical Address 2435 245 COUNTY RD NEW CASTLE 81647 Mailing Address 2435 COUNTY ROAD 245 NEW CASTLE, CO 81647 3. List of mineral owners on the subject property a. See the attached email from Karp Neu Hanlon indicating all mineral rights are owned by Meadow Creek Ranch. The mineral interests were researched extensively prior to the purchase of the subject properties. 4. Site Access a. As illustrated in the attached Figure 2, the channel of Main Elk Creek is completely internal to the Meadow Creek Ranch property boundaries. Once on the Ranch property, the creek will be accessed directly. There are several points of access through gates from County Road 243, also owned by the Applicant. 5. Irrigation ditches crossing the subject property The irrigation ditches crossing the property are listed below. All are fully owned by the Applicant and are documented in the attached ownership deeds. a. C 0 & C P Pierson Ditch — 5.0 cfs owned by MCR (see Exhibit B to Quit Claim Deed) b. Ryden No. 1 Ditch — 5.5 cfs owned by MCR (see Exhibit B to Quit Claim Deed) c. Ryden No. 2 Ditch — 1.76 cfs owned by MCR (see Exhibit B to Quit Claim Deed) 2018-01-25 Supplemental_Information_MeadowCreekRanch_Restoration_Letterhead Page 3 of 6 t'OL Of Dj Colorado River Engineering P.. Box 1301 R VERRifle,1FI CO 81650 (970) 625-4933 ENGINEERING 111COR POA TE D d. Benson Pierson Nelson Ditch — 4.0 cfs owned by MCR (see Exhibit B to Quit Claim Deed) e. Lower Pasture Alt Ditch — Alternate Point of Diversion to the Benson Pierson Nelson Ditch f. Trout Ditch — 3.5 cfs owned by MCR (see Exhibit A to Special Warranty Deed and Exhibit B to Quit Claim Deed) g. Main Elk Wheeler G PL — Structure Not Usable. 6. Floodplain Analysis Letter a. The previously submitted letter from Chris Manera and Wendy Ryan of CRE has been updated to address specific codes in Sections 3-301 and 4-203(0). The letter is attached to this submittal and dated January 10, 2018. 7. Floodplain Review Criteria Section 4-109 a. There is no danger to life and property due to flooding or erosion damage for the work being proposed. The work is intended to restore and stabilize areas where severe erosion from grazing, high water and other activities have degraded the channel. b. N/A — No facility is proposed. c. N/A—The work is confined within the property owned by the applicant. There is minimal risk of material being swept onto other lands. d. N/A—There is no change in the use, the work only aims to restore the channel and is therefore consistent with existing and anticipated development. Cattle fences will be installed to prevent further channel degradation from grazing activities. e. N/A — None of the proposed work will impact the ability of ordinary or emergency vehicles to access the property during times of flood. f. N/A—The proposed work will have no impact to governmental response during or after flood conditions. g. There are no changes anticipated to the height, velocity, duration, rate of rise, or wave action of the floodwaters. The sediment transport will be improved by the work being proposed by recreating a riffle/pool environment and increasing the 2018-01-25 Supplemental_Information_MeadowCreekRanch_Restoration_Letterhead Page 4 of 6 t'OL ORADj Colorado River Engineering P.. Box 1301 J VERRifl��e, CO 81650 iFi (970) 625-4933 ENGINEERING 111COR POA TE D stability of the streambanks which will reduce undercutting during high flow events. h. N/A i. N/A j. N/A 8. Protection of Waterbodies Section 7-203 a. Minimum setback is not applicable, all work proposed is below the Ordinary High Water Line and a U.S. Army Corp of Engineers General Permit 12 has been acquired. b. N/A all work proposed is below the Ordinary High Water Line. c. N/A all work proposed is below the Ordinary High Water Line. d. U.S. Army Corps of Engineers has issued General Permit 12 for work on both the Main Elk Creek and Meadow Creek Ranches. A CDPHE Storm Water permit may be required for some of the proposed work in the cobble harvest area depending on area of disturbance and methods used. 9. Construction Practices and Staging Areas a. Silt Barriers i. Silt barriers can be employed on this project due to the narrow channel width in locations. ii. The 8 oz. geotextile fabric is heavy material that withstands flows and traps sediment, and the welded wire cow fence provides structural support. iii. On Main Elk Creek Ranch project, one will be employed at the downstream end of Reach 1, just above the bridge. A second would be installed near the downstream end of Reach 2 towards the downstream end of the hay meadows on Main Elk Creek Ranch. b. Work in the Reach i. When working in a reach, work is done for about 5-10 minutes, and then the equipment stops for work to allow sediment to dissipate (10 to 15 minutes). The length of time is dependent on sediment. This is very unproductive but effective, and the silt barriers below may obviate the need for this method. No banks or work areas are left disturbed or incomplete. 2018-01-25 Supplemental_Information_MeadowCreekRanch_Restoration_Letterhead Page 5 of 6 OL ORA D J j Colorado River Engineering P.. Box 1301 R VERRifle,iFi CO 81650 (970) 625-4933 ENGINEERING 111COR POA TE D ii. Heavy equipment will be decontaminated prior to entry into the stream channel. iii. Fueling of heavy equipment will be done on the Ranch property away from the stream channel. 2018-01-25 Supplemental_Information_MeadowCreekRanch_Restoration_Letterhead Page 6 of 6 � LO n DCT WIER E.NG IN££.RING 1r CO RP111/A [ 10 January 10, 2018 Mr. Glenn Hartmann Floodplain Administrator Building and Planning, Garfield County 108 Eighth Street, Suite 401 Glenwood Springs, Colorado 81601 Email: ghartmann@garfield-county.com RE: Floodplain Permit Request — Meadow Creek Ranch (MCR) — Stream Restoration & Stabilization Project. Dear Mr. Hartmann: Colorado River Engineering, Inc. (CRE) has reviewed the proposed stream restoration plans prepared for Meadow Creek Ranch as outlined in the attached Report entitled "MEADOW CREEK RANCH AQUATIC HABITAT IMPROVEMENT PROJECT, Main Elk Creek, Garfield County, Regional General Permit 12 Application, July 21, 2017". The report was prepared by Five Rivers, Inc. and Claffey Ecological Consulting Inc. as part of a permit application to the US Army Corps of Engineers. The stream improvements will occur along a 2.5 mile reach of Main Elk Creek located approximately 6.5 miles northwest of the Town of New Castle. The improvements are located within a land parcel owned by the Ranch (PIN: 2125-142-00-125). Several homes and buildings are present along this reach of Main Elk Creek. The project location is not within the Garfield County Floodplain Overlay Zone District. In other words, it is outside of a FEMA mapped "Flood Insurance Rate Map" or other past studies completed in Garfield County. However, Section 3-102.A.2.b. of the Garfield County Land Use Development Code (LUDC) identifies the need to regulate "development" in unmapped areas. Research of the definition in Section 15 of the LUDC indicates that the stream restoration project could be covered under the terminology of "development" and therefore, MCR proposes to seek a floodplain permit approval from Garfield County. The project improvements outlined in the attached report will restore and stabilize the creek channel and banks as well as improve the aquatic habitat for trout. CRE has worked with Five Rivers, Inc. and Claffey Ecological Consulting, Inc on similar projects and have observed that construction techniques utilized are very effective. Past projects have shown substantial improvement to the aquatic habitat and floodplain corridor. It is our opinion that a detailed hydraulic analysis for this project is not needed or warranted because there is not any proposed development related to housing or other improvements that require the determination of base flood elevations. This work will result in a net fill of material in the Creek because of the severe areas of erosion that require stabilization. Riffles, lateral bars, bank toes and coir banks are the features that require fill below the ordinary high water line; the fill consists mainly of river cobbles. There will be no increase of the historic floodplain because fill is being placed in areas that have been severely eroded by recent events. This, combined with removal of berms, check structures, P.O. Box 1301 • Rifle, CO 81650 • Tel. 970-625-4933 COLOR °'C DO RMER ENGINEERING INCORPORATED flattening of bank slopes, and the utilization of riffle and pools will cause a reduction in floodplain extent and elevations as they currently exist. It is our opinion that the proposed project meets the purpose of the floodplain overlay requirements as identified in Section 3-102.A of the Garfield County LUDC. In our opinion, the project will improve the floodplain corridor through the property as well as have a net improvement to the water quality and aquatic habitat. Table 3-301 of the LUDC identifies that bank restoration and stabilization are permitted uses within the floodway and floodplain. Section 3-301 of the LUDC deals with floodplain overlay regulations. Each code identified in the Pre -Application Summary is addressed below: 3-301.A — Use Restriction 1. This section identifies that bank restoration and stabilization work is permitted in the floodway and 100 -year floodplain. 3-301.6 — General Standards 1. N/A - no new construction or substantial improvement to existing structures is being proposed. 2. N/A - no new construction or substantial improvement to existing structures is being proposed. 3. N/A - no new construction or substantial improvement to existing structures is being proposed. 3-301.D — Floodway 1. While the proposed work will result in fill material being placed in the floodway; however this fill will be placed in areas that have experienced degradation of the stream channel due to erosion from high runoff and grazing activities. The restoration work will return the channel to conditions prior to these erosion events and stabilize the stream banks. No significant changes to flood elevations will result from this work. Section 3- 301.A permits this type of work in the floodway. 2. N/A 3. N/A 3-301.E — Standards for areas of shallow floodway 3. N/A — No structures requiring drainage are being constructed. P.O. Box 1301 • Rifle, CO 81650 • Tel. 970-625-4933 2 COLOR °'C DO RMER ENGINEERING INCORPORATED 3-301.G — Alteration of Watercourse 1. The restoration work being proposed was designed considering sediment transport, erosion, deposition and channel migration. The work aims to restore and stabilize the stream channel to prevent further erosion and improve aquatic habitat by configuring pools, riffles and lateral bars at appropriate widths to maintain stability. The riffles and lateral bars are low profile; this creates a narrower channel during low flows caused by water diversions from the creek but also provides channel capacity to handle high flow events. 2. No change to the 100 -year floodplain is anticipated from this work. The work aims to restore the channel to historic conditions. 3. This area is not mapped as a FEMA floodplain. U.S. Army Corps of Engineers General Permit 12 has been issued for this work. As described above, this work will cause no changes to flood elevations. The work is confined to landowner property and will have no impact to upstream and downstream landowners. 4. Stream alterations were designed by Matt Weaver of Five Rivers, Inc who has extensive experience is this type of stream restoration work. It is our opinion that the design follows best management practices and industry standards for this type of restoration work. The design is consistent with other restoration work that CRE has been involved with. 5. This area is not mapped as a FEMA floodplain. U.S. Army Corps of Engineers General Permit 12 has been issued for this work. The proposed activities meet applicable requirements. 6. This work will restore the channel to historic conditions and will have no impact on upstream or downstream landowners as the work is confined to the applicant's property. If a slight rise were to occur from the addition of fill material, any impact would be confined to the applicant's property; no structures would be impacted. If this area is mapped in the future by FEMA, this proposed restoration work will be completed and incorporated into the future mapping. 7. The flood -carrying capacity of Main Elk Creek will not be diminished by the work being proposed under this permit application. Any required maintenance will be performed. Section 4-203(0) of the LUDC includes details for a floodplain analysis, which we are seeking an exemption from. Each point will be addressed below: 1. This point not applicable since this area has not been mapped FEMA and therefore base flood boundaries and water surface elevations, boundaries of floodways, water courses have not been mapped and no structures are being built. P.O. Box 1301 • Rifle, CO 81650 • Tel. 970-625-4933 3 CoLoaiDO RIVER ENGINEERING INCORPORATED 2. N/A 3. N/A 4. The watercourse is not being altered or relocated. Improvements to the banks and channel are being made to improve bank stability and fish habitat. No significant changes to the watercourse are being proposed. 5. We are requesting a waiver of this requirement. The proposed work will have minimal impact on the 100 -year floodplain and only seeks to restore the channel to more historic conditions prior to erosion events and grazing activities. The work will excavate 1,413 yards of material and fill 1,606 yards of material which is a net fill of 193 yards (Note: the table in the previously submitted report has an error in the total fill volume, which included the excavated material, the corrected table is attached to this submittal). While this is a net fill, this section of repair includes several highly eroded areas that require fill to stabilize the banks as well as repairing an overwide channel (see stations 47, 77, 89, 108 and 135). The fill is necessary to restore the bank to historic conditions prior to grazing and high runoff causing large areas of erosion and an overwide channel. There are no structures of on this or adjacent properties that will be impacted by the proposed restoration work. Communications with the County review engineer, Michael Erion, indicated that a hydraulic analysis is not warranted for this type of project. The attached report shows existing and proposed cross sections that illustrate typical channel changes associated with riffle improvements, bank repair, pool excavation and bank sloping. Based on our review we believe the proposed work falls under an administrative review and on behalf of Meadow Creek Ranch LLC request approval of the permit application If you have any questions, please do not hesitate to call me at 970-625-4933. Sincerely, ft9ttsx--) Wendy Ryan Christopher Manera, P.E 2018-01-10 CRE Itr to GARCO MeadowCreek P.O. Box 1301 • Rifle, CO 81650 • Tel. 970-625-4933 4 Authorization Forms Garfield County PAYMENT AGREEMENT FORM Tim Casey GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") agree as follows: 1. The Applicant has submitted to the County an application for the following Project: Meadow Creek Ranch Aquatic Habitat Restoration 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. I hereby agree to pay all fees related to this application: // Billing Contact Person: 1 i ��' ' Yr A-6 L p CO3 Phone: (" 1 d(�) d `C g lh �rr� Billing Contact Address: toIt l �arr6�� BLV City: L-A LAI L C3, State: � - Zip Code:�D �3 � r ✓Ylb �� C czi4 Billing Contact Email: Printed Name of Person Autho (Signatu --7--;b^ s---tr CG-eI 31: (Date)/ Garfield County STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of r-ogNIfr (corporation, ibl^bitymranan,generalpartnership, registered limited liability partnership, registered limiedliability 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 /" 4►DDi- C� �Le� and is formed under the laws of ' +L t / (2-01 The mailing address for the Entity is f l,L 41 <'f N 9 l ft.40 Pi—ACL A-na6CL S a#- 061 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 At G' "vs E 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"): R 444 p i ti L H A / TA 7 .4 /V f / p pL 4 N /'L ) ye' 1e A--4)aq Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED this �6. day of If11raft rz� Signature: YiIL.C.t�} pLC,t/ Name (printed): al A- i44A6 i pswil Title (if any): en, i et& nTnAs,t-- , 20 STATE OF C,76.:,-r,r'fy;21 } )SS. COUNTY OF Los PrjleS ) The foregoing instrument was acknowledged before me this Z LA day of `5 drwa , 20 tg by —JyCkc�- ir.�� , on behalf of ` MICHELLE ID. PEELE Commission # 2132608 Notary Public - Calilornia Los AngeIes County My Comm. Expires Nov 30, 2019 Witness my hand and official seal. M My comm mission expires: lljdrrtbt,• (Date) (Notary Public) [SEAL] Letter of Authorization January 24, 2018 Glenn Hartmann Garfield County Community Development 108 Eight Street, Suite 401 Glenwood Springs, Colorado 81601 RE: Authorization for Consultants for Floodplain Development Permit # FDPA-09-17-8576 This letter authorizes Colorado River Engineering and Claffey Ecological Consulting, Incas the primary contacts for our Aquatic Habitat Enhancement Project on Meadow Creek Ranch, and the above referenced Floodplain Development Permit. Please contact either firm with additional requests for information on the creek project, or Mr. Tim Casey who I am authorizing to act on behalf of Meadow Creek, LLC in your Statement of Authority Form attached. Mark Magidson Meadow Creek, LLC Ownership Deeds Wendy Ryan From: Tim Casey <tim@mmabreck.com> Sent: Wednesday, October 18, 2017 11:02 AM To: Mike Claffey (mclaffey@acsol.net); Wendy Ryan Subject: FW: Colorado River Engineering, Inc. - Invoice Job #1156 Mike and Wendy, Language from Patrick Baker, our attorney who conducted the mineral rights exam, for the Garfield County application. Please let me know what additional information you require. Thanks, Tim Timothy J. Casey Mountain Marketing Associates, Ltd. PO Box 2340 100 S. Ridge Street, #105 Breckenridge, CO 80424 W (970) 453-2571 Fax (970) 453-5490 Cell (970) 390-0859 E-mail = tim@mmabreck.com www.mmabreck.com From: Patrick L. Barker [mailto:plb@mountainlawfirm.com] Sent: Tuesday, October 17, 2017 5:44 PM To: Tim Casey Subject: RE: Colorado River Engineering, Inc. - Invoice Job #1156 Prior to acquiring title to the subject properties in 2016, a principal of each of the Applicants retained the services of 1) an independent title abstractor to ascertain and obtain copies of all instruments of record in the office of the Garfield County Clerk and Recorder which pertain to title of the subject properties' mineral estates, and 2) a Colorado licensed attorney to examine such instruments to provide an opinion on the status of title. The licensed attorney determined that one party held an undivided interest in title to the mineral estates. Based upon the attorney's opinion, Applicant Meadow Creek, LLC accepted from that party a deed conveying such undivided interest. As such, title to the subject mineral estates is vested in Applicant Meadow Creek, LLC. Applicant Meadow Creek, LLC has actual notice of the application submitted by Applicant Main Elk Ranch, LLC and, therefore, no further notice to Meadow Creek, LLC from Main Elk Ranch, LLC is necessary. Karp.Neu_HanI n. Patrick L Barker 201 14th Street, Suite 200, P.O. Drawer 2030, Glenwood Springs, CO 81602 T: 970.945.2261 x112/F: 970.945.7336 www.mountainlawfirm.com This transmission may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information 1 876751 05/04/2016 11:20:02 AM Page 1 of 3 Jean Alberico, Garfield County, Colorado Rec Fee: $21.00 Doc Fee: $1,087.03 eRecorded IIIIIIIIIIII 11111111111111111111 11111111 Special Warranty Deed (Pursuant to 38-30-115 C.R.S.) State Documentary Fee Date: May 03, 2016 $1,087.03 THIS DEED, made on May 03, 2016 by MAIN ELK CORPORATION, A COLORADO CORPORATION Grantor(s), of the County of TARRANT and State of TEXAS for the consideration of ($10,870,304.00) *** Ten Million Eight Hundred Seventy Thousand Three Hundred Four and 00/100 *** dollars in hand paid, hereby sells and conveys to MEADOW CREEK LLC, A COLORADO LIMITED LIABILITY COMPANY Grantee(s), whose street address is 1411 MOCKINGBIRD PL LOS ANGFI,FS, CA 90069, County of LOS ANGFI,FS, and State of CALIFORNIA, the following real property in the County of Garfield, and State of Colorado, to wit: TOWNSHIP 5 SOUTH. RANGE 91 WEST OF THE SIXTH PRINCIPAL MERIDIAN SECTION 2: SE1/4SW1/4 SECTION 11: W1/2, SEI/4 SECTION 12: WII2SW1/4SW1/4 SECTION 13: W1/2NWIJ4NW1/4 SECTION 14: N1/2N1/2, SW1/4NW1/4, W1/2SW1/4 SECTION 15: SE1/4SE1/4 SECTION 22: NE1/4NE1/4,SE1/4NE1/4 SECTION 23: SW1/4NW1/4, SEI/4NW1/4, NW1/4SW1/4, SE1/4SE1/4, W1/2SE1/4, E1/25W1/4 SECTION 26: NE1/4NE1/4 THAT PART OF THE NW1/4NE1/4 OF SECTION 22, TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE SIXTH PRINCIPAL MERIDIAN LYING NORTH OF THE COUNTY ROAD COUNTY OF GARFIELD, STATE OF COLORADO also known by sreet and number as: 1862 COUNTY ROAD 243 NEW CASTLE CO 81647 with all its appurtenances and warrants the title against all persons claiming under the Grantor(s) except GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 2016 AND SUBSEQUENT YEARS AND SUBJECT TO THOSE ITEMS AS SET FORTH ON EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN. MAIN ELK CORPORATION. A COLORADO CORPORATION 6(4 - EDWIN S. RYAN. JR., VICE PRESIDENT la 1. State of Cotmty of ) ) ss. (`✓ The foregoing instrtmtent was acknowledged before me on this day of May 0f2016 by EDWIN S. RYAN JR. VICE II]`ETJMA)1BI:1;GO TION, Witness my hand and al seaL My commission expire s g •'�. ? { My °" Nair: il.3 14(. e:'•¶i -y� 7 1 �::�.•,.:::.:,:u;.u:::,�� `mow :.1-;-�:,r•:.��Y:Public Fenn 13773 10/2010 swd.open.rev.odt Special Warranty Deed Open (Photographic) ABC63010349 (248823021 Pr" Land Tide 876751 05/04/2016 11:20:02 AM Page 2 of 3 Jean Alberico, Garfield County, Colorado Rec Fee: $21.00 Doc Fee: $1,087.03 eRecorded When Recorded Return to: MEADOW CREEK LLC, A COLORADO LIMITED LIABILITY COMPANY 1411 MOCKINGBIRD PL LOS ANGELES, CA 90069 Form 13773 1012010 swd.open.rev.odt Special Warranty Deed Open (Photographic) ABC63010349 (24832302} 876751 05/04/2016 11:20:02 AM Page 3 of 3 Jean Alberico, Garfield County, Colorado Rec Fee: $21.00 Doc Fee: $1,087.03 eRecorded EXHIBIT A Property Address: 1862 COUNTY ROAD 243 NEW CASTLE CO 81647 EXISTING LEASES AND TENANCIES RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENTS RECORDED JANUARY 8,1890 AT RECEPTION NO. 9903 AND 9906, RECORDED MARCH 29,1890 AT RECEPTION NO. 10201, RECORDED NOVEMBER 11,1890 AT RECEPTION NO. 10939, RECORDED APRIL 5,1892 AT RECEPTION NO. 13754, RECORDED JANUARY 24, 1894 AT RECEPTION NO. 16486, RECORDED MARCH 14, 1907 AT RECEPTION NO. 33157 AND 33159 AND RECORDED FEBRUARY 8, 1983 AT RECEPTION NO. 338243. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENTS RECORDED MARCH 14, 1907 AT RECEPTION NO. 33157 AND 33159 AND RECORDED DECEMBER 9,1936 AT RECEPTION NO. 125971 EASEMENTS AND RIGHTS OF WAY FOR COUNTY ROAD AS CONTAINED IN INSTRUMENT RECORDED MARCH 15, 1921 AT RECEPTION NO. 74652. ALL OIL, GAS AND MINERALS AS CONTAINED IN INSTRUMENT RECORDED MARCH 10, 1948 AT RECEPTION NO. 164050, ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN AGREEMENT RECORDED FEBRUARY 22,1967 UNDER RECEPTION NO. 237945. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN EASEMENT RECORDED FEBRUARY 13,1996 UNDER RECEPTION NO. 4811897. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN SPECIAL WARRANTY DEED AND UTILITY EASEMENT RECORDED JULY 31, 2015 UNDER RECEPTION NO_ 866115_ TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN SPECIAL WARRANTY EASEMENT DEED RECORDED OCTOBER 21, 2014 UNDER RECEPTION NO. 854984 AND RE RECORDED OCTOBER 21, 2014 AT RECEPTION NO. 855048. EASEMENTS AND RIGHTS OF WAY FOR DITCHES INCLUDING BUT NOT LIMITED TO THE DITCHES IN INSTRUMENTS RECORDED MARCH 10, 1948 AT RECEPTION NO. 164050 AND RECORDED AUGUST 20, 1964 AT RECEPTION NO. 226673 AND RECORDED MARCH 24, 1967 AT RECEPTION NO. 237494. Form 13100 08/2008 b2exhibicescrow.odt ABC63010349 (24882303) 876752 05/04/2016 11:20:02 AM Page 1 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $0.00 eRecorded SPECIAL WARRANTY DEED THIS DEED is dated this 3 . day of May, 2016 and is from Main Elk Corporation, a Colorado corporation, whose address is c/o XTO Energy Inc., 810 Houston Street, Fort Worth, TX 76102 ("Grantor"), to Meadow Creek LLC, a Colorado limited liability company, whose address is 1411 Mockingbird Pl., Los Angeles, CA 90069 ("Grantee"). WITNESSETH, that Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells and conveys to Grantee, its heirs, successors, and assigns, forever, all of Grantor's rights, title and interest in the water rights described on the attached Exhibit A. Grantor, for itself, its successors and assigns, covenants and agrees that it will warrant title and forever defend in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through, or under Grantor. Executed as of the date set forth above. MAIN ELK CORPORATION Edwin S. Ryan, Jr. as Vice President .?.; 4,4 STATE OF ss. COUNTY O The foregoing instrument was acknowledged before me thisp2day of May, 2016 by r6 Edwin S. Ryan, Jr. as Vice President for Main Elk Corporation. 87814 Witness my hand and official seal y �� 1 ► tr Notary Public $.r`....ra:,„' .a•"`.r „...� . �..w::....�1� �s.. n_, r I. NEG /LE : �feSkh nlS U My commission expires: 1 . a .. �+`�,:^�� 7 I. I. Tai • ;;;Z:i . . ,.��,, ,v;r 1012639101 -9 1 876752 05/04/2016 11:20:02 AM Page 2 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $0.00 eRecorded Exhibit A to Special Warranty Deed 1. Main Elk Reservoir — Originally decreed in Civil Action 4914 for 34,922 acre-feet conditional for industrial, domestic, municipal, recreational, and irrigation purposes with an appropriation date ofJunc 19, 1963, and an adjudication date of November 10, 1966. 2. 4.0 cfs out of 8.0 cis of the Red Glen Highline Ditch — Originally decreed in Civil Action 915 for 8.0 cfs for irrigation and domestic purposes with an appropriation date of November 20, 1890, and an adjudication date of April 15, I901. 3. Thompkins Ditch — Originally decreed in Civil Action 103 for 0.8 cfs for irrigation purposes with an appropriation date of March 10, 1883, and an adjudication date of May 11, 1889. 4. 3,0 cfs out of 3.5 cfs of the Trout Ditch. Of the 3.5 cfs, 1.5 cfs was originally decreed for irrigation purposes in Civil Action 2788, with an appropriation date of August 1, 1929 and an adjudication date of Jame 26, 1930. Also in Civil Action 2788, 2 cfs was transferred from the Benson, Pierson, and Nelson Ditch with its appropriation of February 5, 1888 and adjudication date of May 11, 1889, making for a total of 3.5 cfs decreed to Trout Ditch. 5. W.E. Ditch — Originally decreed in Civil Action 4914 for 1 cfs for irrigation and other beneficial purposes with an appropriation date of July 1, 1917, and an adjudication date of November 10, 1966. 87814 876753 05/04/2016 11:20:02 AM Page 1 of 5 Jean Alberico, Garfield County, Colorado Rec Fee: $31.00 Doc Fee: $0.00 eRecorded OIJITCLAIM DEED THIS DEED, dated this ' day of May, 2016, is from Main Elk Corporation, a Colorado corporation, whose address is c/o XTO Energy Inc., 810 Houston Street, Fort Worth, TX 76102 ("Grantor'), to Meadow Creek LLC, a Colorado limited liability company whose address is 1411 Mockingbird PL, Los Angeles, CA 90069 ("Grantee"). WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars (510.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUITCLAIMED, and by these presents does remise, release, sell and QUITCLAIM unto the Grantee, its heirs, successors, and assigns, forever, any right, title, or interest that the Grantor has in and to the following: All water rights and water storage rights, whether adjudicated or unadjudicated, all entitlements to use water, whether contractual, by permit, stock certificate or otherwise, and ail groundwater rights, whether tributary or nontributary and whether adjudicated or not, used upon or appurtenant to the property described on the attached Exhibit A (the "Property"), together with all permits, easements, structures, ditches, pipelines, headgates, wells, pumps, measuring devices and other facilities necessary for or used in connection with the exercise of such rights, including, but not limited to, the water rights specifically identified on the attached Exhibit B. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law or equity, to the use, benefit and behoof of the Grantees, their heirs, successors, and assigns forever. Executed as of the date set forth above. MAIN ELK CORPORATION �.� Edwin S. Ryan, Jr. as Vice President 4/. 87813 876753 05/04/2016 11:20:02 AM Page 2 of 5 Jean Alberico, Garfield County, Colorado Rec Fee: $31.00 Doc Fee: $0.00 eRecorded STATE OF COUNTY OFadiJI(rs- nd The foregoing instrument was acknowledged before me thi day of May, 2016 by Edwin S. Ryan, Jr. as Vice President for Main Elk Corporation. Witness my hand and official sea My commission expires: 87813 11 v4L!r► Notary ' u lic 11 2.o �sf ..'e�,h.:: �z. - ^^w �::x•' :"-.y-3acr F.r,��'.'� �-�.r.-'.v''�,.�• '!f = i`!:?'.+Y, �� :iiEe� 876753 05/04/2016 11:20:02 AM Page 3 of 5 Jean Alberico, Garfield County, Colorado Rec Fee: $31.00 Doc Fee: $0.00 eRecorded Exhibit A to Ouit Claim Deed TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE SIXTH PRINCIPAL MERIDIAN SECTION 2: SE1/4SW1/4 SECTION 11: W1/2, SEI/4 SECTION 12: W1/2SW1/4SW1/4 SECTION 13: W1/2NW1/4NW114 SECTION 14: N1f2N1f2, SW1/4NW1/4, W1/2SW1/4 SECTION 15: SE1/4SE114 SECTION 22: NE1/4NE1/4,SE1/4NE1/4 SECTION 23: SW1/4NW1/4, SE1/4NWI/4, NW1f4SW1/4, SEI/4SE1/4, W1/2SE1/4, E1/2SW1/4 SECTION 26: NE1/4NE1/4 THAT PART OF THE NW1/4NE1/4 OF SECTION 22, TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE SIXTH PRINCIPAL MERIDIAN LYING NORTH OF THE COUNTY ROAD COUNTY OF GARFIELD, STATE OF COLORADO 87813 876753 05/04/2016 11:20:02 AM Page 4 of 5 Jean Alberico, Garfield County, Colorado Rec Fee: $31.00 Doc Fee: $0.00 eRecorded Exhibit B to Ouit Claim Deed 1. 4.0 cfs out of 8.0 cfs of the Red Glen Highline Ditch — Originally decreed in Civil Action 915 for 8.0 cfs for irrigation and domestic purposes with an appropriation date of November 20, 1890, and an adjudication date of April 15, 1901. 2. 0.5 cfs out of 3.5 cfs of the Trout Ditch (being the 0.5 cfs resented by Warren E. Stults in the deed recorded at Reception No. 225589). Of the 3.5 cfs, 1.5 cfs was originally decreed for irrigation purposes in Civil Action 2788, with an appropriation date of August 1, 1929 and an adjudication date of June 26, 1930. Also in Civil Action 2788, 2 cfs was transferred from the Benson, Pierson, and Nelson Ditch with its appropriation of February 5, 1888 and adjudication date of May 11, 1889, making for a total of 3.5 cfs decreed to Trout Ditch. 3. Ryden No. 1 Ditch -- Originally decreed in Civil Action 3431 for 5.5 cfs total for irrigation purposes. Of the 5.5 cfs decreed to the Ditch, 2.19 cfs has an appropriation date of April 7, 1915, with the remainder having an appropriation date of March 4, 1921. The adjudication date for both portions is January 11, 1943. 4. Ryden No. 2 Ditch — Originally decreed in Civil Action 3431 for 1.76 •cfs total for irrigation purposes. Of the 1.76 cfs decreed to the Ditch, 0.53 cfs has an appropriation date of April 6, 1912, with the remainder having an appropriation date of March 4, 1921. The adjudication date for both portions is January 11, 1943. 5. Oak Grove Ditch No. 83 Priority 15413 -- Originally decreed in Civil Action 857 for 0.8 cfs for irrigation purposes with an appropriation date of November 1, 1895, and an adjudication date of February 20, 1900. 6. C.O. and C.P. Pierson Ditch — Originally decreed in Civil Action 103 for 10 cfs for irrigation purposes with an appropriation date of February 15, 1884, and an adjudication date of May 11, 1889. An enlargement was also decreed in Civil Action 3431 for 2.0 cfs for irrigation purposes with an appropriation date of March 4, 1921, and an adjudication date of January 11, 1943. 7. Benson, Pierson, and Nelson Ditch — Originally decreed in Civil Action 103 for 4.0 cfs for irrigation purposes with an appropriation date of February 5, 1888, and an adjudication date of May 11, 1889. 2.0 cfs were transferred to Trout Ditch in Civil Action 2788 on June 26, 1930. An enlargement was decreed in Civil Action 3431 for 2.0 cfs for irrigation purposes with an appropriation date of March 4, 1921, and an adjudication date of January 11, 1943. B7B13 876753 05/04/2016 11:20:02 AM Page 5 of 5 Jean Alberico, Garfield County, Colorado Rec Fee: $31.00 Doc Fee: $0.00 eRecorded S. Second Enlargement of the Whittingham Ditch — Originally decreed in Civil Action 3431 for 2.6 cfs for irrigation purpose with an appropriation date of March 4, 1921, and an adjudication date of January 11, 1943. 87813 876754 05/04/2016 11:20:02 AM Page 1 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $0.00 eRecorded BARGAIN AND SALE DEED OF MINERAL INTERESTS THIS DEED is dated this 3'1, day of May, 2016 and is from Main Elk Corporation, a Colorado corporation, whose address is c/o XTO Energy Inc., 810 Houston Street, Fort Worth, TX 76102 ("Grantor"), to Meadow Creek LLC, a Colorado limited liability company, whose address is 1411 Mockingbird Pl., Los Angeles, CA 90069 ("Grantee"). WITNESSETH, that Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells and conveys to Grantee, its heirs, successors, and assigns, forever, all of Grantor's rights, title and interest in and to all minerals of any nature whatsoever, including but not limited to coal, iron, natural gas and oil, upon or in the property described on the attached Exhibit A. Executed as of the date set forth above. MAIN ELK CORPORATION c-af.„ Edwin S. Ryan, Jr. as Vice President ss. The foregoing instrument was acknowledged before me thispIi day of May, 2016 by Edwin. S. Ryan, Jr. as Vice President for Main Elk Corporation. Witness my hand and official seal. My commission expires: 117375 Notary Public /9.n3 )2b 1 �.'.z.•i� -20.10 k tf o 876754 05/04/2016 11:20:02 AM Page 2 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $0.00 eRecorded EXHIBIT A — PROPERTY LEGAL DESCRIPTION TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE SIXTH PRINCIPAL MERIDIAN SECTION 2: SE1/4SW1/4 SECTION 1I: W1/2, SE1/4 SECTION 12: W1/2SW1/4SW1/4 SECTION 13: W1/2NW1/4NW1/4 SECTION 14: N1l2N1/2, SW1/4NWIl4, W1/2SWI/4 SECTION 15: SEI/4SE114 SECTION 22: NE1/4NE1/4,SE1/4NE114 SECTION 23: SW1/4NW1/4, SEI/4NW1/4, NW1/4SW1/4, SEI/4SE1/4, Wl/2SE1/4, E1/2SW1/4 SECTION 26: NE1/4NE1/4 THAT PART OF THE NW1/4NE1/4 OF SECTION 22, TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE SIXTH PRINCIPAL MERIDIAN LYING NORTH OF THE COUNTY ROAD COUNTY OF GARFIELD, STATE OF COLORADO 87875 Corrected Fill Volume Table from Meadow Creek Ranch Restoration Report MEADOW CREEK RANCH - MAIN ELK CREEK ESTIMATED FILL VOLUMES/AREAS rSTREAM STATION LENGTH WIDTH VOLUME FT. FT. YDS AREA SQ. FT. AREA ACRES 1+00 Pool 60 20 44.44 720 0.02 Bar 80 15 44.44 720 0.02 2+00 Pool 40 10 14.81 240 0.01 Riffle 30 10 14.81 300 0.01 3+00 Pool 40 10 14.81 240 0.01 4+00 Pool 30 20 22.22 360 0.01 Riffle 30 20 22.22 600 0.01 5+00 Pool 40 20 29.63 480 0.01 Riffle 30 20 29.63 600 0.01 13+00 Pool 35 20 25.93 420 0.01 Bank Toe 90 5 25.93 450 0.01 16+00 Pool 40 15 22.22 360 0.01 18+00 Pool 60 20 44.44 720 0.02 Bar 60 15 44.44 540 0.01 19+00 Pool 30 20 22.22 360 0.01 Bar 40 20 22.22 480 0.01 22+00 Pool 30 20 22.22 360 0.01 24+00 Pool 30 20 22.22 360 0.01 Bar 40 15 22.22 360 0.01 25+00 Pool 25 20 18.52 300 0.01 26+00 Pool 30 20 22.22 360 0.01 28+00 Pool 40 15 22.22 360 0.01 Bar 60 15 22.22 540 0.01 30+00 Pool 30 20 22.22 360 0.01 34+00 Pool 30 15 16.67 270 0.01 36+00 Pool 40 15 22.22 360 0.01 Bar 60 15 22.22 540 0.01 38+00 Pool 40 15 22.22 360 0.01 MEADOW CREEK RANCH - MAIN ELK CREEK ESTIMATED FILL VOLUMES/AREAS rSTREAM STATION LENGTH WIDTH VOLUME FT. FT. YDS AREA SQ. FT. AREA ACRES 39+00 Pool 30 20 22.22 360 0.01 39+00 Pool 30 20 22.22 360 0.01 40+00 Pool 20 12 8.89 144 0.01 41+00 Pool 30 20 22.22 360 0.01 42+00 Pool 30 20 22.22 360 0.01 43+00 Pool 30 15 16.67 270 0.01 44+00 Pool 40 25 37.04 600 0.01 Riffle 30 10 15.00 300 0.01 Bar 60 15 22.00 540 0.12 43+00 Pool 35 15 19.44 315 0.01 Cover Bar 50 15 14.00 450 0.10 47+00 Riffle 30 10 16.67 180 0.04 Lower Bed 100 25 92.59 2500 0.55 Cover Bar 125 30 69.44 3750 0.82 50+00 Pool 45 20 33.33 540 0.01 Riffle 30 20 15.00 600 0.01 52+00 Pool 50 15 27.78 450 0.01 Riffle 30 10 15.00 300 0.01 Bar 30 10 13.00 180 0.04 54+00 Pool 45 20 33.33 540 0.01 56+00 Pool 40 20 29.63 480 0.01 Bar 60 15 29.63 540 0.01 58+00 Pool 40 20 29.63 480 0.01 59+00 Pool 35 12 15.56 252 0.01 Riffle 30 15 15.00 450 0.01 Bar 50 15 16.00 450 0.10 60+00 Pool 50 15 27.78 450 0.01 Bar 50 15 28.00 450 0.10 MEADOW CREEK RANCH - MAIN ELK CREEK ESTIMATED FILL VOLUMES/AREAS STREAM STATION LENGTH WIDTH VOLUME FT. FT. YDS AREA SQ. FT. AREA ACRES 62+00 Pool 50 20 37.04 600 0.01 Riffle 30 20 20.00 600 0.01 Bar 50 15 37.00 450 0.10 63+00 Pool 50 15 27.78 450 0.01 Riffle 30 15 20.00 450 0.01 Bar 50 15 28.00 450 0.10 67+00 Pool 45 20 33.33 540 0.01 77+00 Coir Bank 240 5 88.89 1200 0.26 89+00 Coir Bank 150 5 55.56 750 0.16 101+00 Pool 40 15 22.22 360 0.01 Riffle 40 15 20.00 600 0.01 Bar 50 15 22.00 450 0.10 103+00 Pool 50 20 37.04 600 0.01 Riffle 40 15 20.00 600 0.01 Bar 60 15 37.00 540 0.12 105+00 Pool 40 15 22.22 360 0.01 Riffle 30 15 15.00 450 0.01 107+00 Pool 50 20 37.04 600 0.01 Riffle 40 15 20.00 600 0.01 108+00 Bank Willow Clumps 53.33 480 0.01 Cobble Toe 220 5 81.48 1100 0.24 113+00 Pool 35 15 19.44 315 0.01 Bar 65 15 19.00 585 0.13 114+00 Pool 35 15 19.44 315 0.01 Bar 65 15 19.00 585 0.13 117+00 Pool 40 15 22.22 360 0.01 Riffle 40 15 20.00 600 0.01 Bar 60 15 22.00 540 0.12 121+00 Pool 35 12 15.56 252 0.01 Riffle 40 15 20.00 600 0.01 Bar 60 25 16.00 900 0.20 MEADOW CREEK RANCH - MAIN ELK CREEK ESTIMATED FILL VOLUMES/AREAS rSTREAM STATION LENGTH WIDTH VOLUME FT. FT. YDS AREA SQ. FT. AREA ACRES 126+00 Cobble Toe Volume - Yds Excavated Volume - Yds. 1413.15 Area - Sq. Ft. 21123.00 Pool 50 20 37.04 600 0.01 Bar 60 10 37.00 360 0.08 126+00 Place Cobble in Riffle Topsoil Placement on Bars Volume Placed Yds 279.44 Area - Sq. Ft. Pool 35 15 19.44 315 0.01 Bar 40 10 19.00 240 0.05 130+50 0.80 TOTAL FILL AREA -SQ. FT. 34865.00 Pool 35 15 19.44 315 0.01 Riffle 40 15 20.00 600 0.01 Bar 40 15 19.00 360 0.08 131+50 Pool 40 15 22.22 360 0.01 Bar 35 15 22.00 315 0.07 132+00 Pool 30 20 22.22 360 0.01 Bar 55 15 22.00 495 0.11 133+50 Pool 50 15 27.78 450 0.01 Bar 70 15 28.00 630 0.14 135+00 Bank Willow Clumps 35.56 480 0.01 Cobble Toe 120 5 44.44 600 0.13 Pool 40 20 29.63 480 0.01 Bar 55 15 30.00 495 0.11 137+00 Pool 30 20 22.22 360 0.01 Bar 40 15 22.00 360 0.08 Pool Excavation Cobble Toe Volume - Yds Excavated Volume - Yds. 1413.15 Area - Sq. Ft. 21123.00 Area - Acres 0.48 Bank Repair - Willow Clumps Lateral Bar Construction Volume Placed Yds. 685.41 Area - Sq. Ft. 13095.00 Area - Acres 0.30 Place Cobble in Riffle Topsoil Placement on Bars Volume Placed Yds 279.44 Area - Sq. Ft. 8250.00 Area - Acres 0.19 0.10 Bank Repair - Coir Fabric Fill Volume Placed - Yds 173.33 Area - Sq. Ft. 3900.00 Area - Acres 0.09 Bank Repair - Cobble Toe Placement Cobble Toe Volume - Yds 296.30 Cobble Toe Area - Sq. Ft. 4100.00 Cobble Toe Area - Acres 0.09 I Bank Repair - Willow Clumps Clump Volume - Yds. 88.89 Clump Area - Sq. Ft. 1320.00 Clump - Acres 0.03 Topsoil Placement on Bars Topsoil Volume - Yds. 83.44 Topsoil Area - Sq. Ft 4200.00 Topsoil Area - Acres 0.10 TOTAL FILL VOLUME -YDS. 1606.81 TOTAL FILL AREA -ACRES 0.80 TOTAL FILL AREA -SQ. FT. 34865.00 Upper (II, Limit Legend Now STREAMS 61 Meadow Creek Ranch Parcels120616 .N.0 HIGHWAYS INTERSTATES 6 TOWNSHIPS 0 0.15 0.3 0.6 Miles COLORADO RIVER £ N fi I N££ R I N fi PO Box 1301 Rifle, CO 81650 Tel 970-625-4933 Meadow Creek Ranch Restoration Access Map Documcnt Namc: Vicinity Map.mxd 2 Drawn by: WAR 1 Approvcd by: CM Dale: 10/19/2017 'Client: Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com 1' PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2125-024-00-002 2125-021-00-188 2125-021-00-100 2125-142-00-125 DATE: September 7, 2017 PROJECT: Main Elk Creek River Restoration and Bank Stabilization — Flood Plain Development Permit OWNERS/APPLICANT: Main Elk Ranch LLC & Meadow Creek LLC PRACTICAL LOCATION: 3132 County Road 243 and 2125 County Road 243, New Castle, CO 81647. ZONING: Rural (R) TYPE OF APPLICATION: Flood Plain Development Permit I. GENERAL PROJECT DESCRIPTION The Applicants are proposing extensive river restoration, bank stabilization, and habitat improvements on approximately 2.5 miles (Meadow Creek Application) and approximately 1 mile (Main Elk Ranch Application) of Main Elk Creek as it crosses through the respective properties. The Applicant has initiated extensive research on flood plain issues, wetlands and Army Corp of Engineers requirements and permitting. The applicant will be requesting a waiver from requirements for flood plain modeling on this section of the stream as it is currently not mapped by FEMA. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Garfield County Land Use and Development Code, as amended (LUDC) including the following Sections: 1 • Section 3-301 — Floodplain Overlay Regulations including but not limited to Section 3- 301(B)(1,2,3), 3-301(D), 3-301(E)(3), and 3-301(G). • Section 4-109 — Development in the 100 Year Floodplain, including review criteria. • Table 4-102 — Common Review Procedures and Required Notice • Table 4-201 — Submittal Requirements • Section 4-203 — Submittal Requirements as appropriate • Section 4-203 (0) — Flood Plain Analysis III. REVIEW PROCESS The Floodplain Development permit will be processed pursuant to Section 4-103, Administrative Review Process and consistent with Table 4-102 Common Review procedures for Floodplain Development, summarized as follows: A. Pre -application Conference (completed) B. Application Submittal C. Determination of Completeness D. Schedule the Director's Decision Date E. Application sent to referral agencies F. Public Notice for the Director's Decision completed. Includes mailing to adjacent property owners within 200 ft. and mineral rights owners no the applicant's property. G. Evaluation by Director/Staff resulting in a Staff Report H. Director's Decision I. 10 day call up period, after which the Director's Decision become final unless the decision is called up the BOCC for their review J. Once all conditions of approval have been satisfied the Flood Plain Development Permit can be issued. IV. PUBLIC HEARINGS AND NOTICE Public Hearing notices shall be posted, mailed and published pursuant to Section 4-101.E. X No Public Hearing (Director's Decision with mailed notice only) Planning Commission Board of County Commissioners Board of Adjustment Referral agencies may include but are not limited to: Garfield County Consulting Engineer, Garfield County Attorney, FEMA, Army Corp of Engineers. V. SUBMITTAL REQUIREMENTS A. General Application Materials including • Application Form including signatures • Proof of ownership (deed and/or title information) 2 • Authorization to represent as appropriate • Statements of authority are needed for an LLC or Corporation • List of owners of property within 200 ft. with addresses • List of owners of mineral rights on the subject property • Payment of fees • Agreement to Pay Form • Project Description — narrative B. Vicinity Map — formatted on 8 1/2 x 11 size for use with public notice C. Site Plan — to applicable scale, including all proposed improvements and significant existing features such as culverts, bridges and bridge abutments. D. Floodplain Analysis — meeting the requirements of the Land Use and Development Code including Section 3-301 and 4-203 (0). The Flood Plain Analysis needs to be completed by a qualified licensed professional engineer and needs to include the engineer's stamp. Some elements may not be applicable based on the lack of flood plain mapping for the area. An explanation — justification in those cases needs to be provided. E. The Application and Analysis will need to include details and plans for the proposed improvements. F. The Analysis will need to address mitigation for improvements and the lack of any impacts from the proposed improvements (i.e. no impact on flooding potential — Zero Rise) G. The Analysis will need to include information on construction practices including staging areas, stock piling areas, protection of water quality from sediment or erosion potential, equipment to be used, and detailed revegetation plans. H. The submittals need to address compliance with the Review Criteria contained in Section 4-109 as applicable. I. The submittals need to include all other existing reports, studies, and permits including but not limited to any past review by the Army Corp of Engineers and wetlands analyses. J. The submittals need to generally address compliance with Section 7-203 Protection of Water Bodies and the exceptions contained therein for certain types of uses An additional pre -application meeting or phone conference with staff is an available option as you prepare your application. That follow-up could also include the County's Consulting Engineer. The Application submittal needs to include 3 hard copies of the entire Application and 1 Digital PDF Copy of the entire Application (on a CD or USB Stick). Both the paper and digital copies should be split into individual sections and properly labelled. Please refer to this pre - application summary for submittal requirements that are appropriate for your Application. 3 VI. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: Referral Agency Fees: Total Deposit: $ 400 (Additional Staff time charged at hourly rate of $40.50) $ tbd (Review fees associated with consulting engineer review) $ 400 (additional fees to be determined by hourly rates) 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 which in this case is the Director of the Community Development Department. 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. The summary is valid for a period of 6 months after which an update to the summary needs to be requested. Application Submittal — Public Information The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal. Pre -application Summary Prepared by: 61/rii Glenn Hartmann, Senior Planner, CFM Date 4 Approximately 2 months if submittal is complete 411 Garfield County Development in the 100 -Year Floodplain Review Process (Section 4-109), Step 1: Pre -application Conference • Applicant has 6 months to submit application Step 2: Application Submittal Step 3: Completeness Review • 20 business days to review • If incomplete, 60 days to remedy deficiencies Step 4: Schedule Decision Date and Provide Notice *Mailed to adjacent property owners within 200 feet and mineral owners at least 30 days but no more than 60 days prior to decision date Step 5: Referral •21 day comment period Step 6: Evalution by Director (or Floodplain Administrator) Step 7: Director's Decision •CaII-up Period - within 10 days of Director's Decision *Applicant has 1 year to meet any conditions of approval Note: The notice requirement in Step 4 has been changed to 15 days pursuant to Section 4-103 of the LUDC.