Loading...
HomeMy WebLinkAbout1.0 ApplicationCEDAR RIDGE RANCH LODGING FACILITY AND CREATIVE SPACES Garfield County, Colorado February, 2018 SECTION 1 Application Forms & Related Documents Land Use Change Permit Application Permit Form Payment Agreement Form Letter of Authorization Deed Pre-Application Conference Summary Design Team Gørfield County PRE-APPLICATION CONFERENCE SUMMARYCommunity Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970)e4s-8212 rvww. garfield-countv. com TAX PARCEL NUMBER: PROJECT: OWNERS/APPLICANTS: REPRESENTATIVES: PRACTICAL LOCATION: ZONING: TYPE OF APPLIGATION: 2393-123-00-300 DATE: 5131117,7112117 & 11120117 Cedar Ridge Ranch Farm Stay - Lodging Facility Pam, Merrill and Randy Johnson Mark Chain, Planner & Erica Golden, Architect 3059 County Road 103, Carbondale, CO 81623 Rural (R) Limited lmpact Review Land Use Change Permit I. GENERAL PROJECT DESCRIPTION Overall Site lnformation The property is 67 acres in size. lt is served by an existing gravel driveway off of the County Road. The property currently includes extensive grazing areas, hay meadows, agricultural uses, a single family home, a duplex, a large barn/arena building (approximately 14,500 sq.ft. in size), hay barns, green houses and other accessory agricultural buildings. The property is served by several existing wells and onsite waste water treatment systems provide for waste water treatment from the barn/arena, single family home, and duplex. Proposed Use The Applicant proposes to operate a small scale farm stay - lodging facility on the property in addition to the ongoing agricultural uses. The lodging facility will include a yurt and two deluxe camp tents that will be rented out to ranch guests. A camping cabin may also be included in the lodging facility plans. The Applicant is in the process of finalizing plans for *water service and provision of wastewater facilities. Electric service may be provided and would require proper state electrical permitting. Parking for the facility would be required and access would utilize the existing private driveway off of County Road 103. Concurrent Review Multiple applications for the property may be submitted and reviewed concurrently. While Applications shall be filed separately it is recommended that the project narratives include a description of the overall uses proposed on the property and that site plan information delineate all proposed improvements to help ensure compatibility of the uses. II. LIMITED IMPACT REVIEW LAND USE CHANGE PERMIT PROCESS REGULATORY PROVISIONS . Garfield County Comprehensive Plan 2030 as amended.. Garfield County Land Use and Development Code as amended.o Rural Zone District - Use Table (Table 3-403).o Rural Zone District - LoUBuilding Requirements (Table 3-201)o Review Process (Section 4-104) and Procedures (Section 4-101).o Table 4-102 Common Review Procedures and Required Notice.. Application Materials (Table 4-201and Section 4-203).. Waivers, Section 4-118 (Standards) and Section 4-202 (Submittal Requirements)o Article 7, Standards - Division 1,2 & 3 as applicable.o Article 15, Definitions - Lodging Facility REVIEW PROGESS - DETAILS The Application will follow the Limited lmpact Review Process contained in Sections 4-101 and 4-104 and in Table 4-102 (see attached flow chart): 1. Pre-application Conference 2. Submittal of Application (3 hard copies plus one digital PDF copy on CD or USB Stick) 3. Determination of Completeness, if Technically Complete the Applicant will be notified and the request scheduled for a public hearing before the Board of County Commissioners. lf it is not technically complete the Applicant will be advised of the deficiencies. 4. The Application is sent out to referral agencies. 5. Public hearing before the Board of County Commissioners is scheduled. 6. Four additional hardcopies of the Application are provided for the Board of County Commissioners review. 7. Applicant completes public notice for the public hearing (mailing, posting, and publication) a minimum of 30 days prior to the hearing. 8. Staff prepares a report including public and referral comments 9. Review and Action by the Board of County Commissioners at the public hearing. 10.The Commissioners action is formalized by a resolution. 2 11.|f approved with conditions the Applicant must meet the conditions prior to issuance of the Land Use Change Permit. 12.fhe Applicant has one year to meet all conditions of approval. III. SUBMITTAL REQUIREMENTS Application submittal requirements are detailed in Table 4-201, and Section 4-203, Description of Submittal Requirements. A summary is provided below. . General Application Materials (application forms, agreement to pay form, Statement of Authority for Trusts, authorization to represent, payment of fees).o Evidence of ownership such as a deed for the property and title work if available.o Narrative description of the proposal. o List of property owners within 200 feet and any mineral rights owners on the property.o Vicinity Map (including the area generally within 3 miles of the site).o Site plan with information on proposed location of the facilities, other existing structures, and significant features on the property including but not limited to easements, utilities, ditches, access roads/driveways, wells, existing and proposed waste water treatment systems (OWTS), and topography. Topographic information is only needed for the area of the site proposed for the lodging facility and the access driveway.o Grading and drainage details or waiver requests. A waiver from these submittals may be supported provided the Application includes basic information on the lack of any site disturbance, the lack of any current drainage problems, no new impervious surfacing and no major regrading or fill on the site. Landscaping Plan or general description of existing landscaping. lmpact Analysis. This section includes information on a variety of potential impacts including but not limited to hours of operation and mitigation for any nuisance impacts such as noise and lighting. Legal access, physical access, and compliance with Roadway Standards Table 7-107 need to addressed in the submittals. A waiver request may be submitted regarding compliance with Table 7-107. A roadway waiver request should include comments from the Carbondale Fire Protection District. Traffic Study: Waivers including acceptance of basic traffic information and not a full traffic study may be considered based on the proposed size and scale of the facility. Water Supply Plan and supporting documentation, may include well permits, pump testing, and water quality testing or a waiver requests to allow alternate means for providing water supply for the proposed use. a o ,4pplication 5ubm itta I 3 Hard Copies 1 Dìgital PDF Copy {on CO or USB stick) Both the paper and the digital copy should be split ¡nto individual sections. Please refer to the list included in your pre-application conlerence summary for the submittal requirements that are appropriate for your application: . GeneralAppllcatlonMaterialsr Vic¡n¡ty Mapr Site Plan. Grading and Drainage Plan¡ Lândscape Plân. lmpact Analysis. Iraffic Study¡ Water Supply/Distribution Plan. Wastewater Management Plan. Art¡cle 7 Standards a a 5 a a Wastewater treatment plans and supporting documentation, need to include information on the existing OWTS if proposed to serve the lodging use. Location of a bath house/toilet facility in close proximity serving the lodging use needs to be documented. Any new OWTS will require appropriate County permitting. lnformation to address applicable sections of Article 7, Divisions 1,2, and 3, needs to be provided. Application formatting that addresses each section of Article 7 are recommended. Standards typically addressed include: reference to technical issues in the submittal requirements (i.e. access, water, sanitation), the lack of any natural hazards, agricultural compatibility, irrigation ditch issues, water bodies on the property, lack of any drainage or erosion impacts, no impacts on stormwater/drainage issues and no off-site impacts, lighting compliance, provisions for parking shown on the site plan, and fire protection. It is recommended that the Application include documentation that all prior zoning violations - code compliance issues on the property have been eliminated and resolved. a o The Application submittal needs to include 3 hard copies of the entire Application and 1 Digital PDF Copy on a CD or USB Stick. Both the paper and digital copies should be split into individual sections. Please refer to the pre-application summary for submittal requirements that are appropriate for your Application. Any request for a waiver from standards shall be processed pursuant to Section 4-118 of the Land Use and Development Code. Any waivers from submittal requirements shall be processed in accordance with Section 4-202 of the Land Use and Development Code and consistent with the Pre-Application summary. IV. APPLICATION REVIEW a. Review by:Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing _ Director's Decision (with notice - not a public hearing) _ Planning CommissionX Board of County Commissioners _ Board of Adjustment c. Referral Agencies: May include Colorado Division of Water Resources, Garfield County Consulting Engineer, Fire Protection District, County Road and Bridge Department, County Environmental Health, County Vegetation Management, Garfield County Building Department. 4 V, APPLICATION REVIEW FEES a. Planning Review Fees:$-400- b. Referral Agency Fees: $_tbd_ (may be billed separately) c. Total Deposit $_400_ (additional hours are billed at $ 40.50 /hour) General Application Processinq 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 six month period, after which an update should be requested. 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 Summarv Prepared bv: ,C/L'Ut-,,1, l,t Glenn Hartmann, Senior Planner Date 5 A. Section 4-104 Limited lmpact Gørficld Counly timited lmpect Review Procegs (Section 4-104) 0) _go- Èou ã 'Ë¡:6È Êo Eó -à!, o Exo o.o. .Appllcant has 6 months to submlt appl¡cåtion o20 business days to review ¡lf incomplete, 6O days to remedy defíciencies .Published, posted, and mailed to adjacent property owners 200 feet and mineral owners at least 30 days but no more than 6O days prior to BOCC public hearing r21 day comment period rApplicant has 1 year to meet any conditions of approval 6 Step L: Pre-application Conference Step 2: Appfíeation Sul¡miüal Step .ìr Corn¡rleteness Review Step 4: Schedule Hearing and Provide Notíce Step 5: Referral Step 6: Ëvalution by Director Step 7: BOCC Decísion PROJECT TEAM Owner Pamela and Randy Johnson 3059 County Road 103 Carbondale, CO 81623 970.963.3507 info@cedarridgeranch.com Site Planning/Design Two seven ink architecture Erica Golden PO Box 1764 Carbondale CO, 81623 970.445.7193 Planning/Coordination Mark Chain Mark Chain Consulting, LLC 811 Garfield Avenue Carbondale, CO 81623 970.963.0385 (office) 970.309.3655 (cell) mchain@sopris.net Surveyor Title Surveying Services 923 Cooper Avenue Glenwood Springs, CO 81601 970.928.9708 Water Planning Resource Engineering 909 Colorado Avenue Glenwood Springs, CO 81601 970.945.6777 SECTION 3 Technical Documents Planning-Technical Memo Letter- Cedar Ridge Ranch Water Report Cedar Ridge Barn OWTS Report Concept Drawings a-01 Site Plan- All Phases a-02 Barn Structure- floor area and parking a-03 Events and Creative Spaces- life safety and amenities a-04 Yurt/pond area 01-22-18-1.mem Page 1 M E M O R A N D U M TO: Garfield County Staff FROM: Mark Chain, Planner DATE: 1/22/18 RE: Planning and Technical Information – Cedar Ridge Ranch WATER SUPPLY The current Johnson Property has an approved Augmentation Plan. The plan has both well water rights and irrigation water rights. The well water rights are subject to a plan filed in water court in 1981, Case No. 81 CW497, filed by Sandra Smith. Final decree was issued in December 1984. This included conditional underground water rights for 7 wells located on the property. Three of these wells have been dug, though one of these wells was transferred with the 35-acre property in 2015. The Plan utilizes Basalt Water Conservancy District replacement water. Well Permit No. 51460-F was permitted for 30 gallons per minute. Its uses include domestic use, 2000 ft.² of home garden/lawn, single- family dwelling and watering of domestic animals including up to 20 horses. There is also a well which serves the Johnsons present housing unit and a duplex. The Johnsons also own 7.5 shares in the Park Ditch and Reservoir Company. A Substitute Water Supply Plan is being filed on behalf of the Johnsons by Dufford, Waldeck, Milburn and Krohn. The technical analysis for this document was compiled by Resource Engineering, Inc. They are providing a background letter as part of this land use application which includes calculations regarding water needed for each of the proposed uses for Event/Meetings, the Lodging Facilities and the 10 Creative Spaces. It is our understanding that the existing well will be able to provide water for these activities. If not, the Johnsons have the option of obtaining one of any additional, existing 4 well permits from the State Engineer. WASTE WATER The On-site Wastewater Treatment System (OWTS) that serves the Barn/Arena area was inspected by CBO Inc. on December 29, 2017. Their report is included 01-22-18-1.mem Page 2 in Section 3 - Technical Documents section. The permit was obtained for the ISDS in 1981. This system was designed for a 4-bedroom residence, which generally can accommodate 600 G PD. The report goes on to analyze whether the existing OWTS can adequately service the Creative Space uses and perhaps some of the moderate sized workshops/farm to table functions etc. Initial findings are that 10 Creative Space Units and a function/work shop/event hosting up to 20 people can be accommodated by the existing OWTS on the same day. The Event Plan for the property provides that any cooking/meal preparation as well as dish/utensil cleaning would be catered and occur off-site. Estimated usage would be 350 GPD (10 Creative Spaces and then the event/meeting attended by a maximum of 20 people). Usage at the Event/Arena beyond the specified number of participants would be accommodated by porta potty’s. The Johnsons had a previous arrangement with Universal to provide such services. Cut sheet showing a typical unit with a hand sanitizing station is attached. The various lodging areas as shown on the Annotated Site Plan will initially utilize porta potty’s/combined wash station. Domestic water for these areas will be provided by the existing water system, but utilizing 5-gallon, commercial grade dispensing machines. For Phase 3, the commercial porta potty’s at the Cabin and Yurt areas will be replaced by composting toilets or other device approved by County Permit. Final details to be determined prior to permit for those facilities. The goal is to be resource efficient and utilize as little domestic water as possible. We are also in the process of investigating designs that could utilize graywater systems in these locations. We will contact the County immediately if we find a suitable alternative designed by a qualified professional (food or toilet wastes will not be draining these areas). Vehicular Access Intersection of access driveway with County Road Access to the property is from County Road 103. There is a 0.5 mile Private Drive which leads from the County Road to the main development feature on the property – the Barn/Arena. This application will meet all requirements outlined by County Road and Bridge outlined in an email dated May 17, 2017. the Project Planner and owners met 01-22-18-1.mem Page 3 County Road Foreman Mike Prehm on site on January 8. We discussed all aspects on the memo, including the County Staff proposed 90° intersection. This includes the following: • slight realignment of the access driveway to come into CR 103 at a cap 90° angle. • Installation of a County Approved stop sign at the access driveway/County Road intersection. • Installation of a Concrete or asphalt apron. Applicant agrees to comply with these items which will include application for a driveway access permit with County Road and Bridge review. Access Driveway Geometry The Event/Meeting facility will have access with the aforementioned 0.5 mile driveway. Please note this is a private drive and will not be a dedicated right-of- way to be maintained by the County. We measured the width at 13 separate points along the access driveway. The with ranged from 19.5 and 20 foot in width in areas nearest the intersection with Road 103 to a narrow point approximately 15 feet in width about 1000 feet from the County Road intersection. After that point it widens again and ranges from 15 feet in width to about 19.5 feet in width. There are no easily identified shoulders and there is a borrow ditch/drainage ditch only along short portions of the driveway. Road surface is dirt and gravel. It is privately maintained by the Johnsons. One or two other neighbors who use the drive for access also contribute to maintenance. The driveway surface roles gently with the topography. Sight distance is adequate but could be improved with the removal of one or two trees which have been identified in discussions with the Fire District. A few turnouts to assist with circulation during emergency events have also been discussed. General inspection and travel on the roadway indicate that the maximum grade is less than 12%. Driveway classification Classification for the driveway access should be characterized as “semi-primitive” according to Table 7 - 107 of the County Roadway Standards. We are providing a rough estimate of the number daily trips generated by the proposed use with given two options. Option 1 assumes and Event/Meeting attended by 50 people during a weekend day when the Creative Spaces will not be occupied. Option 2 01-22-18-1.mem Page 4 provides data for a weekend day when all 10 Creative Spaces are occupied together with a function/workshop attended by 20 people. Assumptions are provided below each chart. Option 1. Weekend Day. Event with 50 people. No creative spaces Activity # attendees Per/vehicle # vehicles Ave # trips Total trips Creative Spaces 0 0 0 0 0 Event 50 2 25 2 50 Staff 10 1 10 2 20 Lodging (7 units) 14 2 7 4 28 Total trips 98 Notes: • Event Attendees. Two people per car. One round-trip per vehicle. • Lodging. Assumes all 7 units occupied, two people each. Two round trips per day. Option 2. Weekday. Event with 20 people. 10 creative spaces Activity # attendees Per/vehicle # vehicles Ave # trips Total trips Creative Spaces 10 1 10 3 30 Event 20 2 10 2 20 Staff 5 1 5 2 10 Lodging (4 units) 8 2 4 4 16 Total trips 76 Notes: • Creative Space lessees. Fully occupied. Half of units make two round trips per day, half make one round-trip per day. • Event Attendees. Two people per car. One round-trip per vehicle. 01-22-18-1.mem Page 5 • Lodging. Assumes 4 units occupied, two people each. Two round trips per day. Option 1 generates 98 total trips. Please note that the Creative Space leases do not provide for weekend use. This helps limit impact to County Road 103 and the private drive. Option 2 generates a total of 76 trips. We feel both these options have conservative trip estimates and number of people per vehicle. I have seen other traffic studies for “events” which assume three people per vehicle. Therefore we are being conservative. Conclusion. The two scenarios each have trip generation estimates less than 100 total trips. This qualifies as a semi-primitive roadway. The present driveway meets standards including type of surface, slope (less than 12%) and most of the parameters. While this is generally satisfactory, the roadway in most cases is lacking 2 foot shoulders and borrow ditch(s). We request that the County accept the present road geometry and location with the applicant working with the Fire Marshall to make adjustments to approve sight distance, such as pullouts and tree trimming/removal. Emergency access/Driveway The Project planner met with the Fire Marshall for the Carbondale and Rural Protection Fire district (CR&FPD) on December 22. We examined the approach of CR 103 with the driveway for Cedar Ridge Ranch, road geometry, slope all along the 0.5 mile drive to the Barn/Arena – the main site for all activities subject to the Land Use Change Permit. Information on Driveway was noted previously. The Fire Marshall’s initial indication is that the access is safe from an emergency perspective including Fire Protection. Mr. Gavette said he would prefer to wait to make all official comments during the Review Agency process itself. It is our understanding that minor modifications may be suggested to enhance safety. Wildlife The property is noted as lying within Mule Deer Winter Range and is classified as Severe Winter Range and a Winter Concentration area for Elk. The Johnson Property and surrounding areas have been used for ranching and residential purposes for the last 100 years. The applicant will comply with all Best Management Practices outlined by the Colorado Parks and Wildlife Department including conditions related to outlined in the CPW memo dated May 24, 2017. 01-22-18-1.mem Page 6 Fire Protection The subject property is noted as being in a Low Wildfire Hazard area. The majority of the 67 acres is in hay fields and meadows and has been cleared for ranching and agricultural purposes. There are vegetated areas of pinion and juniper along the higher portions of the site along the eastern and western property boundaries. The applicant will comply with all directives of the Carbondale Fire District. It is assumed that in the case of wildfire, the agricultural pond in the vicinity of the pumphouse which is located about two thirds of the way from the CR 103 Road access will be utilized as a water source to fight any fire. Another quickly available water sources in the area is the water supply/hydrant system in Callicotte ranch. Please note that the horse riding arena has a water sprinkling system. While the primary purpose is for dust control, this could help in case of a structure fire. Natural Hazards No significant natural hazards have been identified. The area is in an area rated as low wildfire hazard. The property subject to the development plan is not considered to be subject to high groundwater, floodplain, alluvial fans, snow slide, avalanche hazard areas etc. A separate Geologic Hazard analysis has not been undertaken at this time due to the fact that little additional physical development is proposed and the fact that the property has been subject to agricultural and residential uses for the past 100 years. 01-22-18-1.mem Page 7 Miscellaneous I am providing a separate memo which addresses each County Referral Agency comments from the previous land-use application made for Cedar Ridge Ranch. That memo addresses each comment made by the particular agency/department. We had originally included this as an appendix to this memo but the comments appear repetitious at the end of this memo. We feel it is better in a stand-alone document. Mark Chain January 23, 2018 811 Garfield Avenue Carbondale, CO 81623 RE: Cedar Ridge Farm Project – Water Supply Report Dear Mark: This letter presents the water supply plan for the proposed new uses at the Cedar Ridge Farm located near Carbondale, Colorado (see Figure 1). The property is currently served by two existing wells pursuant to a water court decreed plan for augmentation. The new uses will require a water court filing for a change of use of existing ground water rights and an amended plan for augmentation. While the water court case is pending, Cedar Ridge Ranch will obtain and operate under a Substitute Water Supply Plan (SWSP) pursuant to C.R.S. 37-92-308(4). A SWSP follows the structure of the augmentation plan outlined in the water court application and is approved by the State Engineer (with appropriate conditions to protect other vested water rights) for one year intervals (renewable yearly) during the pendency of the water court case. The existing ground water rights are decreed for domestic purposes to include in-house use, non-commercial lawn and garden irrigation, stock watering, and standby fire protection. The existing plan for augmentation was decreed in Case No. 81CW497 and used Carbondale Land Development Corporation (CLCD) excess augmentation water, decreed in 79CW97, and contract water from the Basalt Water Conservancy District (BWCD) to augment the above uses. It is proposed to add commercial use and to use the augmentation supply decreed in the existing augmentation plan to augment any out-of-priority depletions from the proposed uses occurring on Cedar Ridge Farm. The water rights to be augmented, diversions and depletions, and the plan for augmentation including exchange are described below. BACKGROUND AND EXISTING PLAN FOR AUGMENTATION Cedar Ridge Farm is located approximately four miles northeast of Carbondale in the SW 1/4 of Section 12 and the NW1/4 of Section 13, all in Township 7 South, Range 88 West of the 6th P.M., in Garfield County, Colorado. In Case No. 81CW497, a decree was obtained for underground water rights and a plan for augmentation to replace depletions incurred by the operation of the wells. The seven conditional underground water rights were called the Cedar Ridge Farm Subdivision Well Nos. 1 – 7 and were decreed for 15 Mark Chain January 23, 2018 Page | 2 gallons per minute (gpm), 30 gpm for Well No. 7, for domestic purposes to include in- house use, non- commercial lawn and garden irrigation, stock watering, and standby fire protection for the Cedar Ridge Farm Subdivision. The wells are shown on Figure 1. The total annual depletions from the water diverted from the Cedar Ridge Farm Well Nos. 1-7 is approximately 1.26 acre-feet per year (af/yr). The augmentation supplies used to replace the well depletions are: (1) a perpetual lease from CLDC for 0.9 af of excess augmentation water, decreed in Case No. 79CW97 in Water Division 5 and (2) 1.0 af/yr of contract water from the BWCD for a total replacement amount of 1.9 af/yr. Three of the Cedar Ridge Farm Subdivision Wells have been constructed (Nos. 1, 6, and 7) and two (Nos. 6 and 7) were decreed absolute in Case No. 98CW126. Lot No. 6 was sold along with Cedar Ridge Well No. 6 and included terms that the well would remain coved under the plan for augmentation. A finding of reasonable diligence was granted for the remaining wells (Nos. 1-5) in Case No. 16CW6. NEW USES AND WATER REQUIREMENTS TO BE AUGMENTED The Cedar Ridge Farm Subdivision Wells Nos. 1-5 and No. 7 will be changed to include commercial use to provide a water supply for new planned uses on the property which include: overnight lodging, artist/ craftsman studios, community meeting events, and workshop seminars. The water rights to be augmented are the Cedar Ridge Farm Subdivision Wells Nos. 1-7 and are shown on the attached Figure 1. The water requirements for the Cedar Ridge Farm property total approximately 2.82 af/yr. The monthly distribution is shown on the attached Table 1. The background and analysis is described below. Domestic The three constructed Cedar Ridge Farm Wells (Nos. 1, 6, and 7) provide the domestic supply for four single family residences. All wastewater from the residential use is treated by a septic leach field system and the water depletions are estimated at 10 percent of the water diversions. The use was assumed to be year-round at 350 gallons per day (gpd) per residence. The domestic demand is estimated at 1.57 af/yr and the domestic depletions are estimated at 0.16 af/yr. Mark Chain January 23, 2018 Page | 3 Irrigation There is currently 0.04 acres of irrigation of bluegrass on the Lot 6 parcel, which is now owned by others. The irrigation consumptive use for the lawn and landscape is estimated at 2.71 af/acre based on the Modified Blaney Criddle Method with the Pochop Altitude Adjustment (Table 2). Average monthly temperature data were obtained from the National Oceanic and Atmospheric Administration (“NOAA”) Glenwood SPGS #2 weather station (Station ID USC00053359). The daily temperature data was adjusted to account for the difference in elevation between the weather station and the irrigated fields. The adjustment assumed that for every 1,000 feet elevation change there is a 3.60 °F change in temperature. The annual lawn irrigation demand for 0.04 acres is estimated at 0.11 acre feet assuming an 80 percent irrigation efficiency and results in a consumptive use of 0.09 af/yr. In addition to the lawn irrigation, there is currently greenhouse watering totaling 4,200 square feet with an average plant area equaling approximately 2,100 square feet. The May – September greenhouse demands will be met by Park Ditch irrigation water and the Cedar Ridge Farm Subdivision Wells will be utilized to meet the greenhouse demands during the non-irrigation season, October – April. Greenhouse use was estimated at 0.623 gallons per square foot per week or 0.089 gallons per square foot per day 1. The annual greenhouse demand is estimated at 0.12 acre feet and is considered to be 100% consumptive. Livestock The farm currently has 10 horses, 40 pigs, 15 cows, and 14 alpacas that are watered using the Cedar Ridge Farm Subdivision Well No. 7 located by the barn. It was assumed that each horse will consume 11 gallons per day (gpd), each pig 6 gpd, each cow 12 gpd, and each Alpaca 8 gpd. The annual livestock demand is estimated at 0.72 af/yr and is considered to be 100% 1 University of California, Agricultural and Natural Resources, “How Much Does My Food Garden Need?” Mark Chain January 23, 2018 Page | 4 consumptive. Commercial The new proposed commercial uses for the Cedar Ridge Farm Subdivision Well Nos. 1- 5 and 7 will include overnight lodging, artist/ craftsman studios, community meeting events, and workshop seminars. All of the facilities utilize a septic leach field system and the water depletions are estimated at 10 percent of the water diversions. The overnight lodging consists of ten units with two people per unit. The water use assumed 25 gpd per person for access to one shared bathroom with shower, but no meals or water provided, with use throughout the as follows: May through October (10 units on the weekends, 4 units during the week); November - April (2 units on the weekends, none during the week). Ten barn stalls have been converted to artist/craftsman studios which will be occupied eight hours per day five days per week. Water use assumed 12 gpd per person for access to one shared bathroom. Community meeting events and workshop seminars are also proposed. The community meeting events will accommodate up to 50 people with one occurring per week for the months May – October. Two of the community meeting events, one assumed to occur in June and the other in July, would accommodate up to 75 people. Workshop seminars will occur two per month year round for up to 20 people. Both events will have access to a shared bathroom with a meal only being provided for the community meeting events. Water use for the community event was assumed at 7 gpd per person and the workshop seminars at 3 gpd per person. The commercial demand is estimated at 0.3 af/yr and the commercial depletions are estimated at 0.03 af/yr. DELAYED DEPLETIONS The existing wells, leach field systems, and irrigated lawn area are located an average of approximately 3,000 feet from Cattle Creek resulting in a delay between the time the water is pumped from the wells and the time the impact is felt in the creek. To assess the delayed depletion a Glover analysis was completed. Table 3 summarizes the lagging percentages that should be applied to monthly diversions to determine stream impacts. Mark Chain January 23, 2018 Page | 5 In developing the lagged stream depletion it has been assumed that return flows will accrue to the stream with the same lagged pattern as the pumping depletions. This is appropriate since the location of the irrigation and leach fields are generally the same distance from the stream as the wells. The total monthly net depletions were calculated to be 1.11 af/yr. This amount is less than the 1.26 af/yr of depletions covered in the existing plan for augmentation. PLAN FOR AUGMENTATION River Administration Cattle Creek and the lower Colorado River are subject to calls from senior and junior water rights from early spring to late fall, except during early summer runoff. Historically there was no call on Cattle Creek, though beginning in 2012 the Mason Ditch located close to the confluence with the Roaring Fork River, began placing a call beginning after the early summer runoff and continuing through the irrigation season. The "Cameo" rights on the Colorado River have typically called one week in April and May, two weeks in June, and July through the first week of November. Therefore, replacement water is required for out-of-priority irrigation depletions April through November. Replacement Water The out of priority irrigation depletions will be replaced with 0.9 leased CLDC excess consumptive use credits or 1.0 acre-feet of Basalt Water Conservancy District (BWCD) contract water 2, totaling 1.9 acre-feet of replacement water for Cedar Ridge Farm to utilize. Plan Operation A monthly balance of depletions and replacement water sources is shown on the attached Table 1. The analysis indicates that approximately 0.42 acre-feet of CLDC water and 0.11 acre-feet of contract storage releases are required to offset the balance of potential out- of-priority depletions. Cedar Ridge Farm’s current BWCD contract for 1.0 acre feet, is sufficient to cover the downstream out-of-priority depletions, including a 10 percent transit 2 The BWCD contract will make four water rights available for augmentation purposes: Green Mountain Reservoir, Ruedi Reservoir, Troy and Edith Ditch water rights, and Robinson Ditch water rights. Mark Chain January 23, 2018 Page | 6 loss of 0.01 acre-feet (0.12 acre-feet total). Exchange Utilization of the BWCD water rights for augmentation incorporates an exchange from the point those supplies are introduced to the river up to the point of depletion on Cattle Creek. The amount of the exchange is the maximum monthly stream depletion during the non- irrigation season which is 0.94 acre-feet in November. This converts to an exchange rate of 0.002 cubic feet per second. The exchange reach extends from the confluence of the Colorado River with the Roaring Fork River up to the point of depletion on Cattle Creek in the NW¼ SW¼, Section 12, Township 7 South, Range 88 West, 6th P.M. and shown on the attached Figure 2. The lower termini include: 1. Confluence of the Colorado River and the Roaring Fork River, which is currently located in the SE¼ of the NW ¼ of Section 9, Township 6 South, Range 89 West of the 6th P.M., at a point approximately 2200 feet from the North section line and 2350 feet from the West section line of said Section 9 (UTM X = 299765, UTM Y = 4380329). 2. Confluence of the Roaring Fork River and Cattle Creek, which is currently located in the NE ¼ of the NE ¼ of Section 12, Township 7 South, Range 89 West, in the 6th P.M. at a point 1,175 feet from the north section line, and 860 feet from the east section line of said Section 12 (UTM X = 304641.66, UTM Y = 4370636.95). The upper termini is described as follows: 1. The point of depletion on Cattle Creek located in the NW1/4 SW1/4 of Section 12, Township 7 South, Range 88 West of the 6th P.M., at a point 1,855 feet from the south section line and 1,136 feet from the west section line of said Section 12 (UTM X = 312817.76, UTM Y = 4370055.26). Administration Appropriate accounting sheets will be prepared as may be requested by the Division Engineer to administer this plan for augmentation. Appropriate measuring devices will be Mark Chain January 23, 2018 Page | 7 installed as requested by the Division Engineer. If the amended water rights and plan for augmentation are approved and implemented as described above, it is RESOURCE’s opinion that there will be no injury to other vested water rights. Sincerely, RESOURCE ENGINEERING, INC. Michael J. Erion, P.E. Water Resources Engineer MJE/mje 1515-1.0 CC: Randy and Pam Johnson !. !. !. !. !. !. !. !. !.!.!.Well No. 7 Well No. 6 Well No. 781CW497 Well No. 6 Well No. 5 Well No. 4 Well No. 3 Well No. 2 Well No. 1Well No 7 98CW126 Well No. 1 13 12 FIGURE 1Water Rights Location MapCedar Ridge Farm ®0 500 1,000250Feet Date: 2017-12-20File: 1515-1.0Drawn: ABSApproved: MJE Source: USGS Quadrangle - Carbondale RESOURCE 909 Colorado Avenue / Glenwood Springs, CO 81601Voice: (970) 945-6777 - Web: www.resource-eng.com E N G I N E E R I N G, I N C. 1 in = 500 ft BLM Section Lines Well Locations !.Decreed !.Decreed Absolute !.Actual Cedar Ridge FarmProperty Boundary Lot 6 PropertyBoundary DRAFT !( !( !( CARBONDALE GLENWOOD SPRINGS ColoradoColoradoRiverRiver Roaring ForkRoaring ForkRiverRiver Lower TerminusConfluence of Colorado Riverand Roaring Fork River Lower TerminusConfluence of Roaring ForkRiver and Cattle Creek Upper TerminusCedar Ridge Farms Point ofDepletion on Cattle Creek CattleCattleCreekCreek Cedar Ridge Farmand Lot 6 Copyright:© 2013 National Geographic Society, i-cubed Figure 2Augmentation Exchange ReachesApplication for Water Right; Cedar Ridge Farm ®0 11,000 22,0005,500 Feet Date: 2018-01-18File: 1515-1.0Drawn: ABSApproved: MJE RESOURCE 909 Colorado Avenue / Glenwood Springs, CO 81601Voice: (970) 945-6777 - Web: www.resource-eng.com E N G I N E E R I N G, I N C. Exchange Reaches Cattle Creek Exchange Colorado River Exchange DRAFT TABLE 1Cedar Ridge Farm Diversions, Depletions, and Augmentation Scheduleacre‐feet(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11)(12)(13)(14)(15)(16) (17) (18)(19)Contract AmountMonthDomestic UsesNon‐Commercial LawnNon‐Commercial GreenhouseLivestockOvernight Lodging ‐ Tent or YurtArtist / Craftsman StudiosCommunity Meeting EventWorkshop/ Seminar Total In‐HouseIrrigation ‐ LawnIrrigation ‐ Greenhouse Livestock TotalNo. of Days Local Call on Cattle CreekCLDC Water from 79CW97No. of Days Cameo Call on Colorado RiverBWCD Contract WaterBWCD Contract Jan 0.13 0.00 0.02 0.06 0.00 0.01 0.000 0.00040.22 0.02 0.01 0.01 0.06 0.093Feb 0.12 0.00 0.02 0.06 0.00 0.01 0.000 0.00040.20 0.02 0.01 0.01 0.06 0.093Mar 0.13 0.00 0.02 0.06 0.00 0.01 0.000 0.00040.22 0.01 0.00 0.01 0.06 0.092Apr 0.13 0.00 0.02 0.06 0.00 0.01 0.000 0.00040.22 0.01 0.00 0.01 0.06 0.0927 0.020.02May 0.13 0.01 0.00 0.06 0.03 0.01 0.005 0.00040.25 0.01 0.00 0.01 0.06 0.0927 0.020.02Jun 0.13 0.02 0.00 0.06 0.03 0.01 0.005 0.00040.25 0.02 0.01 0.01 0.06 0.092 300.09 14 0.000.00Jul0.13 0.03 0.00 0.06 0.03 0.01 0.005 0.00040.26 0.02 0.01 0.01 0.06 0.093 310.09 31 0.000.00Aug 0.13 0.02 0.00 0.06 0.03 0.01 0.005 0.00040.25 0.02 0.01 0.01 0.06 0.094310.09 31 0.000.00Sep 0.13 0.01 0.00 0.06 0.03 0.01 0.005 0.00040.24 0.02 0.01 0.01 0.06 0.093 300.09 30 0.000.00Oct 0.13 0.01 0.02 0.06 0.03 0.01 0.005 0.00040.26 0.02 0.01 0.01 0.06 0.093 150.04 31 0.050.05Nov 0.13 0.00 0.02 0.06 0.00 0.01 0.000 0.00040.22 0.02 0.01 0.01 0.06 0.0947 0.020.02Dec 0.13 0.00 0.02 0.06 0.00 0.01 0.000 0.00040.22 0.02 0.01 0.01 0.06 0.093Total 1.57 0.11 0.12 0.72 0.18 0.09 0.029 0.00442.82 0.19 0.09 0.12 0.72 1.110.420.110.12(1) Four Single family residences.(2) Lawn area around one home irrigated by Cedar Ridge Farm Well No. 6 (0.04 acres).Lawn Area Diversion CU (80% Efficiency) = 2.71 af/acre(3) October ‐ April greenhouse watering totalling 4,200 sqft with an average plant area equalling approximately 2,100 sqft.  May ‐ September greenhouse demands will be met by Park ditch irrigation water.Greenhouse Demand = 0.623 gals/sqft/week or 0.089 gals/sqft/day (University of California, Agriculture and Natural Resources ‐ "How Much Does My Food Garden Need?")(4) Livestock watering for 10 horses, 40 pigs, 15 cows, and 14 alpacas. Water use assumed 11 gpd/horse, 6 gpd/pig, 12 gpd/cow, and 8 gpd/alpaca.(5)(6) 10 barn stalls converted to office ‐ occupied 8 hours/day for 5 days/week.  Water use assumed 12 gpd/person for access to one shared bathroom without access to drinking water.(7) One per week for 6 months (May ‐ October) for up to 50 people serving lunch or dinner, two of the events assumed to occur in June and July would be up to 75 people.  Water use assumed 7 gpd/person for access to one shared bathroom without access to drinking water.(8) Assumed two per month year round for up to 20 people with access to a shared bathroom but no water or meals provided.  Water use assumed to be 3 gpd/person.(9) Equals the sum of Column (1) through Column (8).(10) Wastewater treated by septic/leach field system (CU = 10%).  Equals 10% of Column (1) + Column (4) + Column (5)+ Column (6) + Column (7). Timing of depletions and returns evaluated using Glover.(11) Lawn irrigation lagged well depletions Equal Column (2) accounting for timing of well impacts less the return flow (20%) accounting for timing of the return flows. Timing of depletions and returns evaluated using Glover.(12) Green house irrigation lagged well depletions Equal Column (3) accounting for timing of well impacts. Timing of depletions evaluated using Glover.  Green house use is 100% consumptive.(13) Livestock watering 100% consumptive. Equals Column (4) lagged using Glover.(14) Equals the sum of Column (10) through Column (13).(15) Estimated number of days of potential dry year call placed at the Mason Ditch headgate based on historical call records.(16) CLDC consumtive use credit requirements.(17) No. of days of dry year Cameo Call.(18) BWCD contract amount needed less the requirement already covered by CLCD consumptive use credits.(19) BWCB contract amount needed to replace Roaring Fork and Colorado River obligations. Includes a 10% transit loss on reservoir releases. Column (17) * 1.1Obligation and ReplacementDiversionsDepletionsFull occupency is 10 units with 2 people/unit.  Unit use throughout the year is as follows:  Summer use May through October (10 units on the weekends, 4 units during the week); Winter use Nov ‐ April (2 units on the weekends, none during the week).  Water use assumed 25 gpd/person for access to one shared bathroom with shower, but no meals or water provided.1515‐1.01/18/2018DRAFT Title:Crop Consumptive Use Estimate, Modified Blaney‐Criddle methodology (S.C.S. Technical Release 21)enter data in shaded cellsCrop = BLUEGRASS  (utilizes Pochop Borelli & Burman's temperature and growth stage coefficients and elevation factors)Climate Data source:Month # Day # DateMonthAdj. Temp (oF) Precip.  (in.) Act. Temp (oF)Start of Growing Season = 4 22 112Jan21.5 1.3 25.1End of Growing Season = 10 31 304Feb27.4 1.1 31.0Season Length (inclusive) = 193 daysMar37.1 1.1 40.7Apr43.1 1.4 46.7Latitute (deg.min) =39.34 39.57 Decimal DegreesMay51.6 1.7 55.2Jun61.1 0.9 64.7Depth of Application (in) = 1Jul67.7 1.0 71.3Aug65.6 1.3 69.2Elevation (ft) = 6800Sep57.5 1.8 61.1Elevation Factor =1.07 (+2.865% per 1,000 ft above 4,429 ft)Oct46.1 1.5 49.7Nov33.1 1.3 36.7Dec22.0 1.1 25.6Annual15.40Growing PeriodAvg.    Period   Temp         (oF)%    Daylight (t*p)/100 KtGrowth   Stage Coefficient  KcConsumptive Crop    Demand      (in.)Period Precip.   (in.)Period Effective Precip.      (in.)Consumptive Irrigation Requirment (in.)Consumptive Irrigation Requirment (ft.)Diversion Requirement (ft)JanFebMarApr 46.0 2.78 1.28 0.80 0.97 1.06 0.43 0.20 0.86 0.07 0.09May 51.6 10.01 5.16 0.82 1.00 4.52 1.66 0.96 3.56 0.30 0.37Jun 61.1 10.01 6.12 0.85 1.10 6.11 0.90 0.58 5.53 0.46 0.58Jul 67.7 10.18 6.89 0.87 1.06 6.80 1.03 0.69 6.11 0.51 0.64Aug 65.6 9.55 6.26 0.87 0.98 5.67 1.34 0.84 4.84 0.40 0.50Sep 57.5 8.37 4.81 0.84 0.97 4.18 1.81 1.02 3.16 0.26 0.33Oct 46.1 7.69 3.55 0.80 0.89 2.70 1.49 0.78 1.92 0.16 0.20NovDecAnnual31.05 8.66 5.06 25.99 2.172.71Cedar Ridge RanchGlenwood SpringsTABLE 21515‐1.012/22/2017DRAFT TABLE 3 Cedar Ridge Farm Lagging Percentages Month Lagging  Percentages 17.7% 2 20.8% 3 15.2% 4 10.9% 58.8% 67.5% 76.5% 85.7% 95.0% 10 4.4% 11 3.9% 12 3.4% 100.0% 1515‐1.0 12/22/2017 DRAFT CBO Inc. 33 Four Wheel Drive Road Carbondale, CO 81623 cell) 970-309-5259 office) 970-704-0484 carla.ostberg@gmail.com January 19, 2018 Pam Johnson Pamjohnson624@gmail.com Onsite Wastewater Treatment System (OWTS) Inspection Cedar Ridge Ranch 3059 CR 103 Pitkin County, Colorado Pam, As requested, CBO Inc. performed an Onsite W astewater Treatment System (OWTS) inspection at 3059 CR 103, Carbondale, Colorado on December 29, 2017. The subject of the inspection is the OWTS serving the barn. Legal Description: Quarter: SW Section: 12 Township: 7 Range: 88 A TR. BEG. AT THE 1/4 COR COMMON TO SEC. 12 & 13, AKA PARCEL A, FIRST AMENDMENT TO SMITH EXEMPTION RCE. # 421786. EXCEPT A TRACT OF LAND CONT. 35.1 AC.+/- AS DESCRIBED IN DEED OF TRUST REC. # 694467. Parcel ID: 2392-123-00-300 Individual Sewage Disposal System Permit 1035 was provided by Garfield County Community Development Department. The subject OWTS consists of one 1250-gallon, two-compartment Copeland concrete septic tank followed by a pipe and gravel soil treatment area (STA). The suggested size was 12’ x 45’ x 3’ deep or 18’ x 30’ x 3’ deep; however, the actual size is not documented in the permitting information. The system was sized to accommodate a 4-bedroom residence. The permit was finalized on August 8, 1981. The septic tank is located on the north side of the barn. We did not observe a clean out between the barn and the septic tank. The inlet side of the septic tank was accessible approximately 6-inches below grade. The outlet side was buried and had to be uncovered for our inspection. No risers were ever added to this side of the septic tank. Four feet of risers will be added to the outlet side of the septic tank for access. We were able to verify the built-in concrete baffle on the inlet side of the septic tank. The outlet baffle will be verified as soon as the lid can be removed. It appeared that liquid levels in the septic tank were normal at the time of our inspection. We will be able to verify as soon as the outlet lid is removed. The septic tank was last pumped by B&R Septic in May of 2014. We will make additional recommendations and complete the inspection once the outlet side of the septic tank is observed. There are no inspection ports in the STA. The exact location is not known. If exact location is required by Garfield County, a camera will need to be utilized to identify the location of the manifold. We assume the STA is located just north of the septic tank, paralleling the hillside and possibly extending under the driveway. The size of the STA is documented by Garfield County as 540 square feet, with 3-feet of gravel below the distribution piping (defined as a “deep gravel” system). We walked the approximate STA and found no evidence of surface saturation or failure at the time of our inspection. This evaluation is not a guarantee of future system performance. The use of the barn is changing and 10 “creative spaces” are proposed. This use will be similar to that of an “8-hour office employee” with sizing criteria outlined in Garfield County On-Site OWTS Regulations, effective June 30, 2014. Additionally, small catered events are proposed. Food will be catered and all food preparation and ware washing will take place off-site. Small events are anticipated to accommodate up to 20 people. There is no comparable classification on the chart. We could estimate 10 gallon/person/night for the small catered events. Table 1 below compares the size of the existing OWTS to sizing requirements for proposed uses under current OWTS regulations. 2014 OWTS Regulation Calculations 15 gal/person/day (GPD) x 10 “8-hour employees” = 150 GPD 10 GPD x 20 people = 300 GPD 150 GPD + 200 GPD = 450 GPD 350 GPD / 0.8 gal/sf (assumed Soil Type 1) = 438 SF x 1.2 (bed configuration) x 1.0 (pipe and gravel) = 525 SF Table 1 Existing 2014 OWTS Regulations Tank Size 1250-gallon tank Min. 1000 gallons Soil Treatment Area Gravity, bed configuration, pipe and gravel (3-feet of deep gravel)1 Infiltrative area: 540 SF using 6 minutes per inch (MPI) percolation rate Infiltrative area: 525 SF using 0.8 gal/SF (assumed Soil Type 1 based on documented percolation rate of 6 MPI) In summary, the system appears to be sized to accommodate the future 10 “creative spaces” and catered events2 to accommodate up to 20 people under current OWTS Regulations. This letter does not address soil analysis beyond the information documented in the Garfield County ISDS Permit as 6 MPI. We strongly recommend a water meter be installed on the water line entering the barn to more accurately monitor water usage. As the system was sized to accommodate a 4-bedroom residence (600 GPD) and the proposed usage of the barn space with the 10 “creative spaces” and small catered events with up to 20 people is calculated at 350 GPD, there should be additional capacity in the OWTS to accommodate additional uses. It is worth noting that the existing OWTS is aging and the current condition and location of the STA is unknown, presumably under a driveway. Increased use could limit the life of the OWTS. 1 Note: Deep gravel was allowed reductions under previous regulation. Under current regulation, no reduction is given for deep gravel. 2 All food preparation and ware washing would take place off-site for all catered events. Disclaimer: This inspection is intended only as an evaluation of the present condition of the OWTS based upon what was observed and the Licensed Inspector’s expertise in onsite wastewater technology. The Inspector has not been retained to warrant or guarantee the proper functioning of the system for any period of time in the future. Because of numerous factors which may affect the operation of an OWTS, as well as the inability of the Inspector to supervise or monitor the use or maintenance of this OWTS, this report shall not be construed as a warranty by the Inspector that the system will function properly for any particular prospective buyer, and the Inspector disclaims any warranty, either expressed or implied, arising from the inspection of the OWTS or this report. The evaluation does not ascertain the impact the system is having on groundwater. Please call with questions. Sincerely, Carla Ostberg, MPH, REHS NAWT Certified Inspector Certification # 11044ITC Exp. April 2018 Inlet baffle of septic tank s,n..,; "S'9"7i •* "t* r; ,'.+,ry.,r*'t. ^' n - s.n.w,me^°.,w5+.m r.o s,. ti.a! .w:rT'^a+y. .. ...F,y. -v DARFIELD COUNTY BUILDI d AND SANITATION DEPARTMENT t t is' w 2014 lake Av 1 a Olanwood'B nes. Colorado8160 Phdhe 803) 948P41 a i_D This does not consthult a iahl`.i4I' INDIVIDUAL SEWAGE DISPOSAL PERMIT p9 0 35 building or use permit, °' iI L1YOwnerpndySmithHorseArenarr il , n System ocation 3054 County Rnad 104 a :arhondate lr hl9 i Licensed Installer G e !Conditional Construction approval Is hereby granted for k 1 1250 gallon (Maximum)rm' ie X Septic Tank or Aerated treatment tit, m Absorption area (or dispersal area) computed as follows; li,, ° Pere rate of one inch In 6 minutes requires e minimum of 133 ' sq, ft. of absorption area per bedroom.I Therefore the no, of bedrooms 4) x 1 sq.. ft. minimum requirement • e total of 532 sq. ft. of absorption am,tillif May we suggest Leach Field 12' x 45' x 3' deep or' 18' x 30' x 3' deep,Y Date July 2. 19R1 Inspector w. - i' - ' / ._vp is. s FINAL APPROVAL OF SYSTEM:V 1Mt(Yl O i ,No system shall be deemed to be in compliance with the S 'wage Disposal Laws until the assembled system Is approved prior to cover)°+ 1 u it mg any part. 4 ekl ° t Septic Tank access for inspection and cleaning in 12" of ground surface or aerated access ports above ground 1 ;i h'h ', 91.< Properopermerials an ssembl I i p 1, KTrade sep c tank or aerated tree me unit. ' 6 A i r i i, Adequateto absor t oo- o dispelKqapdsP sal) area. , 40 Adequate compliance with permit tequir e nts, Adequate compl with County and S , ate regu /requirements. r @ _ 0 her rt Alii ih I, Date V 7/t Inspec .i4 a,4 J RETAIN WITH RECEIPT RECORCONSTRUCTION SITE l '_ CONDITIONS: 1. All installation must comply with all requirements of t "County Individual Sewage Dispose) Regulations, adopted pursuant to 60 i "p "',thority granted in 66°44.4, CRS 1963, amended 66.3.14 ' RS 1963. 2. This permit is valid only for connection to structures ich have fully complied .with County zoning and building requirements" 'i Connection to or use with any dwelling or structures no approved by the Building and Zoning office shall automatically be a viola , '' + ,;i "'' tion of a requirement of the permit and cause for both 1 I action and revocation of the permit;'u . r af' i' 3. Section 11I, 3.24 requires any person who constructs, al YR . or sews ¢ installs an individual disposal In a manner which in r1i11 7sewagep IWi1 volves a knowing and material variation from the terms ,.r specifications contained in the application of permit commits • Class 1 ) j .1 116/ da 11-,0 .i Petty Offense ($500,01 fine - months in jail or both.' k1,1],"" i 'uil -ll 1 1111 r la - I ` i'I A+PPtlgnt; OrNn CO tlaWrtrMet: Pi Copy ti yI'igilu41 ..'- -s___..w..- , - _--- . 1- .--- ..Lwr. i w'"' -rria..ra... dar...,.""... .r..wa.--ruW t -all--- 4I .lMl Office Use Page Two Fees Paid $7S INDIVIDUAL HOME SEWAGE TREATMENT SYSTEMS APPLICATION Date 7— 2-4/ Owner:AJ /2 f 3/ -\syy. Mail Address: 4 City yruv„{OCF}Zip:Phone: INFORMATION REGARDING PROJECT SUBMITTED FOR REVIEW Attach separate sheets or report showing entire area with respect to surrounding areas, topography of area, habitable buildings, location of potable water wells, soil percola- tion test holes, soil profiles in test holes (see Page 3). Near What n1. Location of Facility: County GARFIELD City or Town y,',gY.P Location Address & /or a pi Legal Description al..)CS! 03 Lot Size 42 Go —Yro e. 2. No. of Bedrooms C7) Septic Tank Capacity Aeration Unit Capacity N/A 3. Source of Domestic Water: Water: Public (name): at Private: Well Depth Other Depth to 1st ground water table 4. Is facility within boundaries of a city /town or sanitation district? NU 5. Distance to nearest sewer system: Have you attempted to arrange a connection with the system? If rejected, what was the reason? 6. If R.P.E. tested, state rate of absorption in test holes shown on the location map, in minutes per inch of drop in water level after holes have been soaked for 24 hours: 7. Name, address, and telephone of R.P.E. who made soil absorption tests: 8. Name, address, and telephone of R.P.E. responsible for design of the system: 9. Express permission is hereby granted for the inspection of the above property by any member of the Garfield County Building & Sanitation Department and /or such persons as they may designate. Any withdrawal of this permission shall be in writing and receipt acknowledged by the County Building & Sanitation Department. 10. I have been given an opportunity to read the Individual Sewage Disposal Systems Regula- tions of Garfield County and I hereby agree to comply with all terms, conditions and requirements included therein. 72.g ate Signature of pplicant TO BE RETURNED TO BLDG. & SANI. DEPT.) Page Three PLEASE DRAW AN ACCURATE MAP TO YOUR PROPERTY sr. a i3 3", ogz INDICATE BELOW THE LOCATION OF YOUR BUILDINGS WATER SUPPLY AND DISTRI- BUTION LINES, STREAMS, IRRIGATION DITCHES, ROADWAYS, AND BOUNDARY LINES 14 Lis PtiA11 11 1 0 MAD Yk, 1' TO BE RETURNED TO BLDG. & SANI. DEPT.) Invoice Date 5/21/2014 Invoice # 11246 Bill To Cedar Ridge Ranch 3059 Rd. 103 Carbondale, CO 81623 B & R Septic Service, Inc. 0603 Handy Drive Carbondale, CO 81623 P.O. No.Terms Due on receipt Project Thank you for your business. (970) 963-3814 (970) 963-6070 Total(970) 920-2059 Aspen FaxCarbondale Rooter & Jetting Service Video Inspection Service DescriptionQuantity Rate Amount Pump septic tank @ barn - really bad, almost solid1,400 0.31 434.00 Dump Fee1,400 0.20 280.00 Jet wash 150' of line & TV to located tank 500.00 500.00 Gas Surcharge 10.00 10.00 Sales Tax 4.90% 0.00 $1,224.00 Garfield Coun ty, Colo rado Prin ted: 12/2 9/201 7 at 3:4 2:0 0 PM Disc laimerThis is a co mp ilatio n o f reco rds as th ey ap p ear in th e G arfield Co un ty Office s aff ecting th e area sh own . This d rawin g isto b e u sed o nly f or refe re nc e p urp ose s an d the Co un ty is n ot resp on sible for any in acc uracies he rein co n taine d. Garfie ld C o unty Land Explorer Co pyright Gar fie ld Cou nty, Colo rado | A ll Rights Reser ved© Gar f ield Count y Land Explor er ¬1 inch = 94 fe et 1 inch = 0.02 m ile s 0 0.025 0.050.0125 Miles Gar fie ld Cou nty Colorad oGarfield County Coloradowww.gar field-county.com Gar field C oun ty Pr inted by Web User Garfield Coun ty, Colo rado Prin ted: 12/2 9/201 7 at 3:3 6:3 4 PM Disc laimerThis is a co mp ilatio n o f reco rds as th ey ap p ear in th e G arfield Co un ty Office s aff ecting th e area sh own . This d rawin g isto b e u sed o nly f or refe re nc e p urp ose s an d the Co un ty is n ot resp on sible for any in acc uracies he rein co n taine d. Garfie ld C o unty Land Explorer Co pyright Gar fie ld Cou nty, Colo rado | A ll Rights Reser ved© Gar f ield Count y Land Explor er ¬1 inch = 1,505 fe et 1 inch = 0.28 m ile s 0 0.4 0.80.2 Miles Gar fie ld Cou nty Colorad oGarfield County Coloradowww.gar field-county.com Gar field C oun ty Pr inted by Web User 832‐R‐13‐002 ParcelASepticTankWellShedPole BarnHouse71.26'86.18'HousePump HousePowerPolePowerPoleohpohp92.01'S75°13'28"W 248.71'Well House GarageGateAccess &UtilityEasement asshownon plat recordedasReception No.401671(existingroad)C o u n tyRoad ParcelBProperty Line10' Setback Line67.40 AcreParcel35.10 AcreParcel13.00'12" CMPFlowline Ditch# 5 Rebar#5 RebarDYHDYHDYHDYHxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxWWSWprimary residence (duplex)agricultural employee housing unit (pam + randy's home)diagonal hatch indicates boundary of parcel subdivided off of ranch propertyexisting greenhouses(2) lodging units &(1) rest room / wash station(phase 01) -lodging includes (1) seasonal cabin& (1) seasonal tent(phase 02) -lodging includes (1) year round cabin& (1) seasonal tent(2) lodging units & (1) rest room / wash station (phase 01)-lodging includes (1) seasonal yurt & (1) seasonal tent(phase 02)-lodging includes (1) year round yurt & (1) seasonal tent (3) lodging units &(1) rest room / wash station(phase 02) -lodging includes (3) seasonal tents(3) lodging units &(1) rest room / wash station(phase 01) -lodging includes (3) seasonal tentsa-021a-041entry to propertyoutdoor celebration 'meadow' areaissuenameno.scaleproject 3059 county rd 103 | carbondale, co 81623po box 1764 carbondale, co | eg: 970.445.7193 dateland-use application2018.02.05architecture1" = 150'-0"a-01overall site plan -all phasescedar ridge ranch1" = 150'-0"overall site plan - all phases1N DH 113'-2"215'-8"111'-0"103'-2"38'-2"6"73'-6"a-031arena16,013sfhorse boarding4,327 sfequipment storage1,208 sfcreative spaces & events4,066 sfbarn structure25,614 sf(4) spaces @ 20' x 9' including (2) accessible spaces(2) parallel spaces @ 22' x 9'(3) spaces @ 20' x 9' (10) spaces @ 20' x 9' (16) spaces @ 20' x 9' (8) spaces @ 20' x 9' 5 8'-0"154'-0"(30) valet parking spaces @ 20' x 9'18'-0"2 0 '-0 "9'-0"2 0 '-0"9'-0"main ranch road / drivem a in ra n c h ro a d / d riv eproperty lineproperty lineproperty lined riv e w a y to p rim a ry re s id e n c e driveway to neighboring residencedriveway to neighboring residencemain ranch road / driveparking summary:events & creative spaces parking adjacent to barn:overflow valet parking area: total parking provided for events & creative spaces:43 spaces30 spaces73 spacesissuenameno.scaleproject 3059 county rd 103 | carbondale, co 81623po box 1764 carbondale, co | eg: 970.445.7193 dateland-use application 2018.02.05architecture 1" = 20'-0"a-02barn structure -floor area + parkingcedar ridge ranch 1" = 20'-0"barn structure - floor area +parking1N w/d w/dcreative space 01creative space 02creative space 03creative space 04creative space 05creative space 06creative space 07creative space 10 or co-op gallery spacecreative space 09creative space 08storage / janitoriallaundryarena viewingcreative spaces storage closets(109 sf)existingrestroomeventsstorage(81 sf)overhead garage doorcreative spaces use (group F-2) & events / art gallery (groups A-2/3)fire area = 3,914 sf (*non-sprinkled, <100pp)creative spaces events/ gallery areaaccessory usedoor to meet all egress and accessibility code requirementsdoor to meet all egress and accessibility code requirements118'-4" diagonal dimension for egress separationagricultural useagricultural use (group U)(*sprinkled riding arena)proposed separation line of mixed usesproposed separation of mixed uses11'-7"11'-3"7'-4"14'-0"111'-0"a-03485'-2" egress separationagricultural use (group U)(*non-sprinkled stable)a-033proposed separation line of mixed usesphase 01 - accessible portable toilet & hand washing, screened from view behind shedcreative spaces storagesheddoor to meet separation requirementsdoors to meet separation requirementsportable toilet & wash a-0325'-6"6"5'-0"phase 02 composting toilets w/ service schedule based on event occupancyaccessible restroomaccessible turn circle & clear floor space indicated, accessible restroom ro meet all accessibility requirements and clearancesdoor to meet all accessibility requirements and clearances including (but not limited to) pull side clearance, clear width & max. threshold heightportable wash station w/ refillable water supply and waste water storage to meet all code & state requirements for disposal of waste water or reuse of grey water rest-roomkiln storagerear and side grab bars to be provided as required by codepossible phase 02 or phase 03 sinks (tbd w/ permitting)phase 03 womensrestroom / laundry remodel(all accessibility requirements/ dimensions to be confirmed at time of building permit, including but not limited to, clear floor space, turn areas, grab bars, door swings & pull/push side clearances)phase 03 mensrestroom / laundryremodelavailable space for (2) stacking washers/ dryersutility clstdrinking fountain and/or water refillservice sinkutility clstaccessible restroomphase 02 composting toilets w/ service schedule based on event occupancyaccessible turn circle & clear floor space indicated, accessible restroom ro meet all accessibility requirements and clearancesdoor to meet all accessibility requirements and clearances including (but not limited to) pull side clearance, clear width & max. threshold heightrear and side grab bars to be provided as required by codepossible portable wash station or phase 02 / phase 03 sink (tbd w/ permitting)issuenameno.scaleproject 3059 county rd 103 | carbondale, co 81623po box 1764 carbondale, co | eg: 970.445.7193 dateland-use application 2018.02.05architectureAs indicateda-03barn structure -events + creativespaces - life safety +amenitiescedar ridge ranch 1/8" = 1'-0"events + creative spaces - lifesafety1 1/4" = 1'-0"phase 02 - composting toiletshed option3 1/4" = 1'-0"phase 03 - restroom remodeloption4N 1/4" = 1'-0"phase 02 - compostingrestroom option2 20'-0"9'-0"9'-0"9'-0"20'-0"20'-0"accessible path from parking & ramp to access deck & tent9'-0"5'-0"9'-0"parking area for (3) tents located south on walking path (*pull carts available for guests)walking path to access seasonal tents to south (*pull carts available for guests)walking path to access seasonal tents (*pull carts available for guests)restroom / wash station for (3) seasonal tents to be serviced from adjacent main driveway, screened by vegetation and screen wallmain ranch road / drivemain ranch road / drivemain ranch road / drivemain ranch road / driveseasonal tentseasonal tentseasonal tentseasonal yurt (phase 01) *year round in phase 02seasonal accessibletentaccessible portable toilet location *to be provided when accessible tent is rented by guest w/ accessibility needstypical portable toilet location screened by vegetation & screen wall*servicing from parking area by accessible tent to be confirmedbuilding upgrades and permits to allow year round yurt use will be applied for in phase 02irrigation pondexistingpump house9 '-0 "20'-0"(1) parking area for adjacent tent and (1) additional guest spot, accessible parking space provided for accessible tent useproperty lineproperty lineirrigation pond(1) parking area for adjacent yurt driveway to randy + pam's house + neighboring houseyurt drivewayirrigation ditchissuenameno.scaleproject 3059 county rd 103 | carbondale, co 81623po box 1764 carbondale, co | eg: 970.445.7193 dateland-use application 2018.02.05architecture 1" = 30'-0"a-04yurt / pond area -enlarged site plancedar ridge ranch 1" = 30'-0"yurt area - enlarged site plan1N CEDAR RIDGE RANCH - LODGING FACILITY AND CREATIVE SPACES SECTION 4 This section includes point by point responses to Article 7 Standards, Divisions 1- 3 and the Impact Analysis per Section 4-203 G of the Garfield County LUDC. Please note that these responses are only for the Cedar Ridge Ranch Lodging Facility and Creative Spaces land-use application. Responses for the Event Center/Meeting Facility are in the separate, companion application. 1 | Page Cedar Ridge Ranch – Lodging/Creating Spaces– Article 7 Compliance COMPLIANCE WITH ARTICLE 7, DIVISIONS 1 – 3 The following section of this application addresses compliance with the criteria and standards of Article 7, Divisions 1-3 of the Garfield County Land Use and Development Code. Responses to each criterion are in “italics”. Where standards don’t apply, NA or reason for non-applicability will be stated. DIVISION 1 GENERAL APPROVAL STANDARDS FOR LAND USE CHANGE PERMITS Section 7-101 Compliance with Zone District Use Restrictions. Response: The site is located in the County’s Rural "R" Industrial Zone District. The Cedar Ridge Lodging Facility and Creative Spaces area will be in compliance with the Zone District, lot and building requirements, Intent Statement, land use and all dimensional requirements contained in Article 3 (Zoning) of the LUDC. Large parcel size and location of the Lodging units and Creative Space Area and activities away from parcel boundaries makes compliance relatively straightforward. Section 7-102 Compliance with Comprehensive Plan and Intergovernmental Agreements Response: We addressed this issue in detail in Section 2 of the Application – Project Background and Information. Garfield County Comprehensive Plan 2030 designates the site as Residential Low Density. The County Comp Plan discussion lists agricultural and rural uses and even Accessory Dwelling units that are buffered from incompatible uses that are nearby. Density for this designation is 10 acres per dwelling unit. In addition to the Comprehensive Plan designation in the application text, we identified various Comprehensive Plan sections, policies, strategies and actions and relevant “issues”. Many of these are identified in a previous Staff Report on the project. Others that seemed relevant during our Comp Plan review have been added to the application. Many of these identified items relate to diversifying tourism 2 | Page Cedar Ridge Ranch – Lodging/Creating Spaces– Article 7 Compliance in the area, providing for continuation and expansion of agricultural/rural uses and Agri-tourism. It is our conclusion that the Lodging Facility/Creative Spaces application is in conformance with the County Comprehensive Plan 2030. The applicant will comply with any relevant Intergovernmental Agreements that may be in place. We are not aware of such agreements and will respond as necessary. Section 7-103 Compatibility Response: The nature, scale and intensity of the proposed uses are compatible with adjacent land uses. Presently, there are agricultural related uses and low density/rural residential land uses. The Lodging facility and Creative Space components are dispersed throughout the property or in the large Barn/Arena facility that already exists and will be away from the property boundaries. This includes an essentially partial repurposing of the barn facility. Conclusion. The Project is compatible with adjacent land uses. Section 7-104 Sufficient Legal and Physical Source of Water Response: There is both a sufficient Physical and Legal source of water for the project. The Planning and Technical Issues memo briefly notes the water rights and augmentation background associated with the property. The Letter provided by Resource Engineering summarizes the efforts to document new, identified land uses and the Jess augmented uses by filing of a Substitute Water Supply Plan. Two wells currently supply the property, with what is known as the Barn well (permit No. 51460-F) will supply the majority of water to event/meetings/functions. Hauled water in 5- gallon containers provided by Deep Rock may be used for convenience purposes. The property also comes with the rights for 4 additional wells, though these are presently augmented for residential and domestic purposes. One or more these wells may be 3 | Page Cedar Ridge Ranch – Lodging/Creating Spaces– Article 7 Compliance targeted for re-augmentation if necessary during the review of the Substitute Water Supply Plan. Section 7-105 Central Water Distribution and Wastewater Systems Response: Water will be provided for the Creative Spaces with the current system located at the barn/arena. No additional physical increases anticipated at this time. The existing OWTS will be utilized for the Creative Spaces. Calculations by CBO, Inc. - which inspected the existing OWTS- confirms that the OWTS can handle the Creative spaces projected wastewater use. See Section 3. Water and wastewater services for the lodging units are being provided by porta potties and wash stations in Phase 1. Wastewater for the Cabin lodging unit and the yurt area are expected to be improved in Phase 2 or Phase 3 via composting toilets or a permitted OWTS. A new OWTS is being proposed for Phase 3 for the Barn area – which accommodates the Creative Spaces. Sizing parameters are unknown at this time. Section 7-106 Public Utilities Response: Adequate public utilities are available. The property presently has electric service. Natural gas has not been extended to the site. Propane will be used. Water and wastewater have been discussed previously. Section 7-107 Access and Roadways Response: Access and Roadways have been discussed in the Planning Technical Memo. Items addressed were: • Physical access from County Road 103 on to the Private Access Drive. • Geometry of the Private Drive. • Estimated trips generated. Classification for the private access drive will be semi- primitive. Please note that this is a private driveway and will not be a dedicated right-of-way. All criteria for semi-primitive 4 | Page Cedar Ridge Ranch – Lodging/Creating Spaces– Article 7 Compliance use appear to be met with the exception of total driveway with. A waiver has been requested. See Project Narrative and Background, Section 2 Section 7-108 Use of Land Subject to Natural Hazards Response: Natural Hazards do not constrain the use of the property – either as currently used or as proposed in all phases of the proposed Development Plan for the Lodging Facility/Creative Space area. The subject property is not in the floodplain and there are no areas of high groundwater, wetlands etc. There are no known areas of mud flow, radiation, alluvial fans, avalanche or landslide areas etc. Section 7-109 Fire Protection Response: Wildfire Hazards are rated “low” for the subject property according to the County Risk Assessment Maps. The Project Planner has met with the Fire District and discussed emergency access and fire protection. Access via the existing private driveway appears acceptable, though a few pullout areas may be required to enhance sight distance and passage of vehicles in certain situations. These discussions have included an on-site inspection with the Fire Marshall. He will respond formally as part of the County Referral process. DIVISION 2 GENERAL RESOURCE PROTECTION STANDARDS FOR LAND USE CHANGE PERMITS Resource Protection Standards apply to all proposed land- use changes, unless specifically exempted. Section 7-201 Protection of Agricultural Lands A. No Adverse Effect to Agricultural Operations. Response: There should be no adverse effect. The Lodging/tent areas are well away from neighboring residential areas and screened by existing trees. See 5 | Page Cedar Ridge Ranch – Lodging/Creating Spaces– Article 7 Compliance Annotated Site Plan. The Creative Spaces are located inside the barn. B. Domestic Animal Controls. Response: Any dogs will be kenneled or sheltered if necessary. C. Fences. Response: No new fences are included in the development application. D. Roads Response: No public roads are being constructed. The internal roadway is considered to be a private driveway. There are no plans to pave the road. Snow removal will be performed as necessary for the facilities by the owner. Dust control will occur as necessary – primarily by application of water if necessary and by application of Mag Chloride if those efforts are not successful. The Access Driveway, the barn/arena and intent locations are positioned well away from neighboring agricultural operations. E. Ditches No adverse affect on Ag Lands: no construction is being contemplated that would be near any existing ditches. Therefore, no existing ditches will be modified. Existing ditches will not be modified. No development will channel surface water to any ditches. Section 7-202 Protection of Wildlife Habitat Areas Response: There are no identified critical Wildlife Habitat Areas. This subject property has been identified as Mule Deer Winter Range and severe winter range/Winter concentration area for Elk. The applicant will comply with past recommendations of the Colorado Parks and Wildlife Department or any suggested 6 | Page Cedar Ridge Ranch – Lodging/Creating Spaces– Article 7 Compliance new ones related to Best Management Practices (regarding solid waste, pet control and prohibition of feeding wildlife). There are no known raptor nests or similar critical breeding habitat. No new fences are being constructed which would interfere with any animals that may cross the property. Section 7-203 Protection of Water bodies Response: There are no identified natural water bodies, streams, rivers or Wetlands on the property. Section 7-204 Drainage and Erosion Response: Comments are as follows: • Site disturbance will be minimal. No new areas for significant development are being proposed. There may be one existing small berm to the east of the barn/arena which may be removed in order to better facilitate parking and emergency access. No other site disturbance is anticipated with the exception of leveling of three small areas for tents in Phase 1 and location of wooden platforms or other appropriate foundations for three tents in Phase 2 (southwest quadrant of the property as shown on the annotated Site Plan). Section 7-205 Environmental Quality Response: • No impacts are foreseen related to air quality – no activities related to the development should create smoke or other discharges related to air quality. • Water Quality. Activity areas are not located near any ditches, water bodies etc. Any hazardous materials will be stored in compliance with state and federal regulations. Section 7-206 Wildfire Hazards Response: • The subject property is listed as being in a low wildfire hazard area. Areas of significant slope are relatively 7 | Page Cedar Ridge Ranch – Lodging/Creating Spaces– Article 7 Compliance small and limited to the eastern and western fringes of the property. • Fire Marshall has been made aware of plans and has previously visited the site. He will comment as part of the County Referral Process. • Applicant agrees to implement any fire mitigation procedures proposed by Carbondale Fire Section 7-207 Natural and Geologic Hazards Response: No known or expected natural and geologic hazards are foreseen related to any construction or activities proposed for the proposed lodging areas or the barn (where the Creative Spaces will be located). The property is not located in an avalanche, landslide, rock fall, alluvial fan, areas of extreme slope subject to development etc. Section 7-208 Reclamation Response: The development will comply with the standards outlined in Section 7-208 of the Land Use Code. Site disturbance will be relatively minimal. Any Improvements to the private driveway or to areas around the barn/arena and lodging/tent locations are minimal. No new permanent structures are being proposed. Any area disturbed will be reclaimed and re-vegetated with native grasses. . DIVISION 3 SITE PLANNING AND DEVELOPMENT STANDARDS The standards in this section apply to any land use change and all uses, including divisions of land and PUD’s. Single- family dwelling units are exempt. Some standards would appear not to be relevant due to the specific use – Community Event/Meeting Center. Minimal development will be undertaken on land outside the northern portions of the parcel. However, we will address these sections for completeness purposes and to show the relationship of the existing land use with applicable standards as much as possible 8 | Page Cedar Ridge Ranch – Lodging/Creating Spaces– Article 7 Compliance Section 7-301 Compatible Design Response: The Events Center and it’s proposed management plan meets these standards. A. Site Organization. NA. There are no public streets or defined lots or common areas around which to organize the site. Parking is located in close proximity to the lodging areas with the exception of the lodging area proposed for the Southwest portion of the site. That will be accessed by utility vehicles only. B. Operational Characteristics. There are no everyday activities from this particular use. There are no general hours of operation etc. Other comments: • No dust, objectionable orders, gas or fumes should be admitted to adjacent property. • Noise is not projected to be a problem at the lodging/tents or Creative areas. There are no organized activities set for the lodging facilities. Any organized activities for Creative Spaces are located within the barn structure C. Buffering. No need for additional required buffering is anticipated. The Creative Spaces are located at the northern portion of the property within an existing structure and away from most adjoining residential uses. the lodging areas are well buffered. D. Materials. No significant, new structures are being proposed. Porta potties and wash stations will be used for the lodging areas. Section 7-302 Off- Street Parking and Loading Standards Response: Section 7-302 A- O, may not be applicable. Uses are intermittent and no regular off-street parking or loading is required. There are no adjacent public streets within 0.5 miles of the Event/Meeting area. Parking areas have been conceptually noted for the Creative Space areas. Parking at the tent locations will be minimal. Section 7-303 Landscaping Standards 9 | Page Cedar Ridge Ranch – Lodging/Creating Spaces– Article 7 Compliance Response: The project will comply with the intent of the County’s Landscaping Standards in this section. Specifically: no trees or other significant vegetation is being removed. There is not a foreseen need to plant new vegetation with the proposed activities in the barn area. The parking for the Creative Spaces is proposed in areas that are open and in close proximity to the Barn/Arena . There is sufficient clear vision area and no trees exist or are being planted in the vicinity of the intersection of the access driveway/County Road 103. Given the activities proposed, distance to adjoining properties and nature of the Creative Spaces (in barn) and primitive lodging sites , we feel the planting of trees unnecessary and no Landscape Plan is proposed. Section 7-304 Lighting Standards Response. No outdoor lighting is proposed at this time. Any lighting that is necessary will comply with the standards of this section of the Garfield County LUDC, and will be downcast and shielded as necessary. Section 7-305 Snow Storage Standards Response: The Creative Spaces area has plenty of areas for snow storage. If necessary, snow storage can be accommodated north of the pole barn (building shown on the survey north of the barn/arena). Snow will be moved away from the tent areas as necessary in winter and/or shoulder seasons. Section 7-306 Trail and Walkway Standards Response: NA. There are no permanent facilities, regular hours of operation or permanent residential units which will make trails or walkways necessary. The property is generally open and visitors can walk where they wish 1 | Page Cedar Ridge Ranch – Lodging/Creative Spaces Impact Analysis Impact Analysis Below are the evaluation criteria outlined in Section 4-203 G (Impact Analysis). We will address each criterion on a point by point basis. Where they do not apply, we will indicate with “NA” 1. Adjacent land use. Existing use of adjacent property/neighboring properties within 1500-foot radius. Response: The most intense use from a development perspective occurs to the north of the subject property – the Cotton Hollow Subdivision is a rural residential subdivision which has vehicular access from the Cattle Creek Drainage. These homes are generally slightly lower in elevation than the activities on the subject parcel. East: Rural Residential properties which average about 14 acres in size. Also to the east are The BLM holdings (1677 acres which also extends to the north and along the other side of cattle Creek) and a commercial horse arena. South East: Three rural residential properties that are five and 6 acres in size. Most have two residential units on them. South and West: There are 3 parcels which are located south and wraparound to the west of the subject parcel. These include grazing and irrigated hay fields totaling about 315 acres. There are total of four residential units on these parcels. 2. Site Features. A description of site features such as streams, areas subject to flooding, lakes, topography, vegetation cover etc. Response: The subject property is generally located at the northern edge of the Missouri Heights area. Topography is gently rolling, and the majority of the subject site is irrigated hay fields and pasture. There are portions of the property along the east and to the West which are slightly higher in elevation and characterized by Pinyon/Juniper Woodlands. There are no natural lakes or ponds on the area, though there is one the irrigation pond and another small area which does collect drainage during the warm weather season. 2 | Page Cedar Ridge Ranch – Lodging/Creative Spaces Impact Analysis There are numerous agricultural structures, pens and paddocks in the northern portion of the site – including a 26,000+ barn/horse arena. These physical improvements were described in Section 2. The Park Ditch provides irrigation water to the property, but the ditch itself only touches the property along the South most extent. Irrigation water delivered by pipes and mechanical irrigation systems. Impact to natural site features will be nonexistent or minimal. There will be little additional physical development on the property. The Creative Space area is located in an existing structure (Barn/arena). The lodging units are spread around in three separate locations on the property and only minimal grading or construction of platform/foundations will be required. 3. Soil Characteristics: Response: The subject property is similar to the other surrounding areas in Missouri Heights. An in-depth soil studies has not been done at this time as there will be minimal disturbance to the site itself. 4. Geology and Hazard. A description of the geologic characteristics of the area including any potential natural or man-made hazards, and the determination of what effects such factors would have on the proposed use of land. Response: As noted above, a formal Geotech analysis has not been undertaken as the geologic and natural hazards. The area is not subject to floodplains, alluvial fans etc. there is one area in a slight depression south of the irrigation pond where water collects during the irrigation season. This is not a jurisdictional wetland. As the property is generally open, there is no evidence that the property is subject to landslides, avalanche hazard etc. 5. Groundwater and Aquifer Recharge Areas. Evaluation of the relationship of the subject parcel to floodplains, the nature of soils and subsoils and their ability to adequately support waste disposal, the slope of land, effect of sewage effluents, and the pollution of surface runoff, streamflow and groundwater. Response: Description of the physical site has been made a number of times in this application. We believe that the impacts of the proposed land-use is nonexistent or minimal. As noted earlier, there are no floodplains or jurisdictional wetlands on the subject property. There will be little disturbance to the subject site with the Creative Spaces 3 | Page Cedar Ridge Ranch – Lodging/Creative Spaces Impact Analysis area r and virtually no additional property will be paved over. Minimal modifications and no road extensions or new permanent buildings are proposed for the lodging units. Therefore, aquifer recharge should not be an issue. Slope of Land. No impact. Hillsides are not being proposed for any development so there will be no disturbance in this regard. Pollution of surface runoff, streamflow and groundwater. Operation should not cause additional pollution that would affect streamflow and groundwater. Creative Space uses are located in the barn and short-term lodging units are spread throughout the property and their uses are generally benign. There will be no car repairs or even any recreational activities which should generate pollution. Property owners will supervise events and take care of all debris, waste etc. Wastewater for the Creative Space area will be handled by the existing OWTS at the barn/arena. Porta potty’s and wash stations are proposed for the lodging areas, and hopefully the porta potty’s will be able to be upgraded with composting toilets or other approved facilities in Phase 2 or 3 6. Environmental Impacts. Determination of the existing environmental conditions of the parcel to be developed and the effect of development on those conditions, including: a. Determination of the long-term and short-term effect on flora and fauna; Response - Flora and Fauna: No additional construction will be taking place with the Barn/horse arena. Creative Space uses are located within the barn. No permanent improvements are planned for the irrigated ranch operation or lodging areas. No significant vegetation will be cut or removed. The effect on fauna should be minimal. No additional fences are being proposed – so wildlife should build a pass-through as they have historically done. b. Determination of the effect on designated environmental resources, including critical wildlife habitat; Response: Since these uses are short in duration and there is virtually no permanent construction, we are not aware of impacts to the local environment. The Colorado Parks and Wildlife Department has previously commented on the previous land-use application for the property. Applicants agree to their previous recommendations including Best Management Practices for solid waste etc. 4 | Page Cedar Ridge Ranch – Lodging/Creative Spaces Impact Analysis c. Impacts on wildlife and domestic animals through creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns, or other disruptions; and Response: No significant impact foreseen. Alteration of existing vegetation will be nonexistent or minimal –No attractive or hazardous nuisances are being created. No migration routes are being blocked. No other disruptions should occur. No “attractive “or hazardous nuisances are being constructed. Lodging uses should be low impact in nature and nobody will be utilizing or constructing any permanent structures that should degrade the area. Dogs being bought to the property will be kenneled. d. Evaluation of any potential radiation hazard that may have been identified by the state or County Health Departments. Response: To our knowledge, no known radiation hazards have been identified in this vicinity. 7. Nuisance. Impact to adjacent land from generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. Response: Creative Spaces and short-term lodging should not create unusual vapor, glare or vibrations These are not industrial, semi-industrial or commercial in nature. Noise will not be created by these uses. 8. Hours of Operation. Response: The Creative Space areas will have a lease with hours specified – 8 AM to 5 PM. Most lodging (primitive camping) uses are low key after dark. These lodging areas will be policed as necessary by the owner/operators. Section 5 Miscellaneous Documents Memo – responses to Previous Review Agency Comments Owners within 200 Feet of Subject Property Comments on Mineral Rights Miscellaneous Water/Wastewater Information Past Title Work (relevant Portions) Application for Change of Water Rights and Supplemental Plan of Augmentation 01-22-18-1.mem Page 1 M E M O R A N D U M TO: Garfield County Staff FROM: Mark Chain, Planner DATE: 1/22/18 RE: PAST REVIEW AGENCY COMMENTS The Applicant’s Design Team has reviewed the County Review Agency comments for the previous land use application that was scheduled for a public hearing on July 17, 2017 (File GAPA-04-17-8531). These comments are meant to respond to all significant agency comments including proposed solutions. Colorado Division of Water Resources (Memo dated June 6, 2017). Water Supply. Applicant is applying for a Substitute Water Supply Plan to provide for additional Augmentation related to the proposed uses. Water supply is proposed for proposed lodging units, 10 Creative spaces and Event/meeting/functions for up to 75 people. Bathroom facilities in the barn/arena will accommodate the 10 Creative Spaces and event/meeting/functions for up to 20 people. Events serving more than 20 customers will utilize porta potty’s for wastewater services until a new OWTS is constructed (Phase 3 of Development Plan). Rain Barrels. Rain barrels are being removed from the Development Plan. Water Supply for Barn. It is noted that the barn well is augmented for ordinary household purposes, 2000 ft.² of irrigated area and some watering for domestic animals including 20 horses. The augmentation is in process of being changed to allow immediate use for the use is outlined in the land use application subject to the approval of the Substitute Water Supply Plan. Colorado Parks and Wildlife (Letter dated May 24, 2017). Applicant intends to follow all recommended Best Management Practices related to solid waste and paths. These include: • Best Management Practices - Solid waste/trash 1. during events – garbage and bear proof containers to be used and removed on regular basis 2. trash kept inside secure enclosure until morning of trash pickup 01-22-18-1.mem Page 2 • Pet Control 1. pets should not be allowed to roam free – especially dogs 2. dogs leased or kenneled 3. feeding of wildlife prohibited except songbirds Garfield County Public Health (Letter dated June 7, 2017) Drinking Water Supply. The Barn/Arena area well will be the source of portable water for the Creative Spaces and for Phase 1 Event/meetings/workshops. Water in 5-gallon containers will perhaps be utilized for larger Events/Meetings. Lodging Units will also utilize the “Barnwell”, with 5-gallon bottles in in water cooler dispensing stations. Wastewater Treatment An assessment on the existing OWTS has been completed and is included with this application. A new OWTS will be provided for the barn/arena area which can accommodate Event/meetings with the capacity of 75 attendees and Creative Spaces (10) in Phase 3 of the development plan or upon failure of the existing OWTS. The lodging Units will initially utilize porta potties/water stations with specifications as shown in Section 3 – Technical Document section. These will be upgraded with Composting Toilets or other suitable solution in Phase 2 or 3 of the development plan - timing depending on monies available. Any upgrades imported bodies would of course be accompanied by a County Permit application. Large events. Initially, events that serve a client base larger than 20 customers will have a coordinator and a specific plan that it provides for adequate wastewater services by portable units. County Road and Bridge (Letter dated May 17, 2017) Applicant will comply with prior Road and Bridge memo form and Mike Prehm. These items are: • realign driveway to obtain a 90° intersection • install stop sign that driveway • install concrete/asphalt apron • all the above to be done as part of the driveway access permit process Carbondale Fire Department (emails dated April 20 and June 7, 2017) The Project Planner has read through previous comments from Carbondale Fire. We’ve also met with the Fire Marshall to discuss occupancy and safety related issues for the arena/barn. In addition, Project Planner met with Fire Marshall on site to review driveway access from County Road 103 to the event area and reviewed safety and emergency access issues. The Fire Marshall indicated emergency access can be satisfactory with slight modifications such as widening 01-22-18-1.mem Page 3 the access driveway a few feet in a few locations, having turnouts and driveway to improve sight distance in two or three areas. Other issues that have been identified: • lodging facilities using tents and related membranes will have to meet relevant Fire and Building Codes (including IFC Chapter 24) • a life/safety plan should be submitted for proper analysis of barn occupancies (provided in Section 3) • use of creative spaces should comply with electric code and be inspected State Inspector • ditch or ponds will probably be the initial water source used for firefighting. Vegetation Management (Garfield County Vegetation Management – letter dated June 8, 2017) The applicant will comply with the previous requests of the Department related to vegetation management. Specifically: • will prepare a noxious weed map by a date certain assuming approval of the Land Use Change Permit. Colorado Division of Water Resources. Email dated June 12, 2017 on water supply violation (blue poly pipe to yurt) • the pipe has been removed and the yurt has been converted from residential occupancy to storage use. MINERAL RIGHTS Merrill Johnson addressed Mineral Rights as part of the previous application. It is our understanding that the comments were adequate for the Land Use Change Permit to move forward at that time. Please contact us if you wish us to do additional documentation or provide clarification. DISTRICT COURT, WATER DIVISION 5, COLORADO 109 8th Street, Suite 104 Glenwood Springs, CO 81601 Telephone: (970) 928-3062 ▲ COURT USE ONLY ▲ Concerning the Application for Water Rights of: PAMELA A. JOHNSON and RANDALL L. JOHNSON, In the Roaring Fork River or its Tributaries, Garfield County, Colorado. Attorneys for Applicants: John R. Pierce, Attorney Reg. No. 32365 DUFFORD, WALDECK, MILBURN & KROHN, L.L.P. 744 Horizon Court, Suite 300 Grand Junction, CO 81506 Telephone: (970) 241-5500; Fax: (970) 243-7738 E-mail: dwmk@dwmk.com Case Number: 2018CW APPLICATION FOR CHANGE OF WATER RIGHTS, SUPPLEMENTAL PLAN OF AUGMENTATION, AND APPROPRIATIVE RIGHT OF EXCHANGE 1. Name, address, and phone number of applicants: Pamela A. Johnson and Randall L. Johnson 3059 County Road 103 Carbondale, CO 81623 with copies of all pleadings to: John R. Pierce Dufford, Waldeck, Milburn & Krohn, LLP 744 Horizon Court, Suite 300 Grand Junction, CO 81506 (970) 248-5865 2. Background: Applicants request a change to add commercial use to the water rights already decreed to the Cedar Ridge Farm Subdivision Well Nos. 1-5 and 7. Those wells, together with Cedar Ridge Farm Subdivision Well No. 6, are already covered by an augmentation plan approved in Case No. 81CW497. The addition of commercial use will not increase depletions beyond those addressed in the existing augmentation plan. However, because commercial use was not approved in that plan, Applicants request to amend it to cover commercial use. Pamela A. Johnson and Randall L. Johnson - Application for Change of Water Rights, Supplemental Plan of Augmentation, and Appropriative Right of Exchange- Division 5 Page 2 of 6 3. Request for change of water rights: A. Decreed water rights for which change is sought: (1) Name of structure: Cedar Ridge Farm Subdivision Well Nos. 1-5 and 7. (2) Original and subsequent decrees: Case Nos. 81CW497, 88CW378, 94CW272, 98CW126, 16CW6 (3) Legal description of structures from most recent decree: a. Cedar Ridge Farm Subdivision Well No. 1: (from Case No. 16CW6) NE/4 NW/4 of Section 13, Township 7 South, Range 88 West of the Sixth P.M., at a point 200 feet from the north section line and 2,490 feet from the west section line. b. Cedar Ridge Farm Subdivision Well No. 2: (from Case No. 16CW6) NE/4 NW/4 of Section 13, Township 7 South, Range 88 West of the Sixth P.M., at a point 750 feet from the north section line and 2,590 feet from the west section line. c. Cedar Ridge Farm Subdivision Well No. 3: (from Case No. 16CW6) NW/4 NE/4 of Section 13, Township 7 South, Range 88 West of the Sixth P.M., at a point 1,250 feet from the north section line and 2,600 feet from the east section line. d. Cedar Ridge Farm Subdivision Well No. 4: (from Case No. 16CW6) SW/4 NE/4 of Section 13, Township 7 South, Range 88 West of the Sixth P.M., at a point 1,850 feet from the north section line and 2,340 feet from the east section line. e. Cedar Ridge Farm Subdivision Well No. 5: (from Case No. 16CW6) SW/4 NW/4 of Section 13, Township 7 South, Range 88 West of the Sixth P.M., at a point 2,000 feet from the north section line and 1,740 feet from the west section line. f. Cedar Ridge Farm Subdivision Well No. 7: (from Case No. 98CW126) NE/4 NW/4 of Section 13, Township 7 South, Range 88 West of the Sixth P.M., at a point 48 feet from the north section line and 1,740 feet from the west section line. A map of the Cedar Ridge Farm Subdivision Well Nos. 1-7 is attached as Exhibit 1. (4) Source: Groundwater tributary to Cattle Creek, tributary to the Roaring Fork River, tributary to the Colorado River. Pamela A. Johnson and Randall L. Johnson - Application for Change of Water Rights, Supplemental Plan of Augmentation, and Appropriative Right of Exchange- Division 5 Page 3 of 6 (5) Appropriation date: December 28, 1981, for all wells. (6) Amount: 15 gallons per minute (“g.p.m.”) for Cedar Ridge Farm Subdivision Well Nos 1-5 and 30 g.p.m. for Cedar Ridge Farm Subdivision Well No. 7. (7) Uses: Domestic, non-commercial lawn and garden irrigation, stock watering, and standby fire protection. (8) Amount that applicants intend to change: Applicants request to change the full decreed amount for Well Nos. 1-5 and No. 7 to include commercial use as described below. B. Description of change: Applicants request to change the water rights in Well Nos. 1-5 and No. 7 to add commercial use to existing decreed uses. C. Name and address of owners of land on which structures or places of use are located: Applicants 4. Request for approval of amendment to plan for augmentation: A. Name of structures to be augmented: Cedar Ridge Farm Subdivision Well Nos. 1-5 and 7. (The requested amendment does not modify the existing augmentation plan as it applies to Cedar Ridge Farm Subdivision Well No. 6.) (1) Case No.: 81CW497 (2) Information regarding location, appropriation date, amount, and use from decree: See paragraph 3, above. B. Water rights to be used for augmentation: The water rights to be used for augmentation under this amendment to the plan for augmentation approved in Case No. 81CW497 are identical to the rights set out in that case, namely 0.9 acre-feet (“a.f.”) of excess augmentation water decreed in Case No. 79CW97 and 1.0 a.f. per year of Ruedi Reservoir water acquired by Applicants from the Basalt Water Conservancy District. C. Statement of plan for augmentation: The plan for augmentation approved in Case No. 81CW497 addressed consumptive use of 1.26 a.f. per year related to domestic use, including lawn and garden irrigation, stock watering, and fire protection. The change of use requested in paragraph three, above, adds commercial uses, including overnight lodging in tents or yurts, artist/craftsman studios, a community meeting center, and facility workshops or seminars. The uses under this plan include the original uses approved in Case No. 81CW497 as well as the changed uses in this case. Those combined uses will result in diversions of 2.94 Pamela A. Johnson and Randall L. Johnson - Application for Change of Water Rights, Supplemental Plan of Augmentation, and Appropriative Right of Exchange- Division 5 Page 4 of 6 a.f. per year and depletions of 0.10 a.f. per month, or 1.24 per year. A detailed monthly summary of those depletions is set out in the attached Exhibit 2. A table setting out lagged depletions is attached as Exhibit 3. The new plan for water use results in a lower annual depletion. The excess augmentation water approved in Case No. 79CW97 is sufficient to offset out-of- priority depletions in time and amount on Cattle Creek, with the remaining non- irrigation season depletions being addressed through releases of augmentation water pursuant to Applicants’ contract with the Basalt Water Conservancy District. 5. Request for approval of conditional appropriative right of exchange: A. Name of exchange: Cedar Ridge Farm Exchange B. Location of exchange reach: From the confluence of the Roaring Fork River with the Colorado River up to the point of depletion on Cattle Creek in the NW/4 SW/4, Section 12, Township 7 South, Range 88 West, Sixth P.M. A map showing the Cedar Ridge Farm Exchange reach is attached as Exhibit 4. (1) The lower termini include: a. Confluence of the Colorado River and the Roaring Fork River, which is currently located in the SE¼ of the NW¼ of Section 9, Township 6 South, Range 89 West of the 6th P.M., at a point approximately 2200 feet from the North section line and 2350 feet from the West section line of said Section 9 (UTM X = 299765, UTM Y = 4380329). b. Confluence of the Roaring Fork River and Cattle Creek, which is currently located in the NE¼ of the NE¼ of Section 12, Township 7 South, Range 89 West, in the 6th P.M. at a point 1,175 feet from the north section line, and 860 feet from the east section line of said Section 12 (UTM X = 304641.66, UTM Y = 4370636.95). (2) The upper termini is described as follows: The point of depletion on Cattle Creek located in the NW1/4 SW1/4 of Section 12, Township 7 South, Range 88 West of the 6th P.M., at a point 1,855 feet from the south section line and 1,136 feet from the west section line of said Section 12 (UTM X = 312817.76, UTM Y = 4370055.26). C. Date of appropriation and how initiated: August 25, 2017, by retaining legal counsel and hydrologist to develop water plan and preparing necessary water court application. Pamela A. Johnson and Randall L. Johnson - Application for Change of Water Rights, Supplemental Plan of Augmentation, and Appropriative Right of Exchange- Division 5 Page 5 of 6 D. Amount: 0.0002 c.f.s. (based on the maximum monthly stream depletion during the non-irrigation season occurring in November) E. Description of exchange: The Cedar Ridge Farm Exchange will operate during the non-irrigation season to exchange reservoir releases from reservoirs on the Roaring Fork River up Cattle Creek to the uppermost point of depletion or to exchange reservoir releases from reservoirs on the Colorado River upstream on the Roaring Fork River, then up Cattle Creek to the uppermost point of depletion. Note: Applicant believes that the plan for augmentation decreed in Case No. 81CW497 included an exchange that was sufficient to address the depletions described in that case. However, if the Court should conclude that the exchange in Case No. 81CW497 is not legally sufficient to be utilized for the changed uses and plan for augmentation sought in that case, Applicants request approval of a conditional appropriative right of exchange for those purposes. Respectfully submitted this 31st day of January, 2018. DUFFORD, WALDECK, MILBURN & KROHN, L.L.P. By: /s/ John R. Pierce John R. Pierce, Attorney Reg. No. 32365 Attorneys for Applicants !. !. !. !. !. !. !. !. !.!.!.Well No. 7 Well No. 6 Well No. 781CW497 Well No. 6 Well No. 5 Well No. 4 Well No. 3 Well No. 2 Well No. 1Well No 7 98CW126 Well No. 1 13 12 EXHIBIT 1Water Rights Location MapCedar Ridge Farm ®0 500 1,000250Feet Date: 2018-01-31File: 1515-1.0Drawn: ABSApproved: MJE Source: U SGS Quadrangle - Carbondale RESOURCE 909 Colorado Avenue / Glenwood Springs, CO 81601Voice: (970) 945-6777 - Web: www.resource-eng.com E N G I N E E R I N G, I N C. 1 in = 500 ft BLM Section Lines Well Locations !.Decreed !.Decreed Absolute !.Actual Cedar Ridge FarmProperty Boundary Lot 6 PropertyBoundary EXHIBIT 2 Cedar Ridge Farm Diversions, Depletions, and Augmentation Scheduleacre‐feet(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18)(19)Contract AmountMonthDomestic UsesNon‐Commercial LawnNon‐Commercial GreenhouseLivestockOvernight Lodging ‐ Tent or YurtArtist / Craftsman StudiosCommunity Meeting EventWorkshop/ Seminar Total In‐HouseIrrigation ‐ LawnIrrigation ‐ Greenhouse Livestock TotalNo. of Days Local Call on Cattle CreekCLDC Water from 79CW97No. of Days Cameo Call on Colorado RiverBWCD Contract WaterBWCD Contract Jan 0.13 0.00 0.02 0.07 0.00 0.01 0.000 0.00040.23 0.02 0.01 0.01 0.07 0.104Feb 0.12 0.00 0.02 0.07 0.00 0.01 0.000 0.00040.21 0.02 0.01 0.01 0.07 0.103Mar 0.13 0.00 0.02 0.07 0.00 0.01 0.000 0.00040.23 0.01 0.00 0.01 0.07 0.102Apr 0.13 0.00 0.02 0.07 0.00 0.01 0.000 0.00040.23 0.01 0.00 0.01 0.07 0.102 7 0.02 0.03May 0.13 0.01 0.00 0.07 0.03 0.01 0.005 0.00040.26 0.01 0.00 0.01 0.07 0.103 7 0.02 0.03Jun 0.13 0.02 0.00 0.07 0.03 0.01 0.005 0.00040.26 0.02 0.01 0.01 0.07 0.102 30 0.10 14 0.00 0.00Jul 0.13 0.03 0.00 0.07 0.03 0.01 0.005 0.00040.27 0.02 0.01 0.01 0.07 0.103 31 0.10 31 0.00 0.00Aug 0.13 0.02 0.00 0.07 0.03 0.01 0.005 0.00040.26 0.02 0.01 0.01 0.07 0.10431 0.10 31 0.00 0.00Sep 0.13 0.01 0.00 0.07 0.03 0.01 0.005 0.00040.25 0.02 0.01 0.01 0.07 0.10430 0.10 30 0.00 0.00Oct 0.13 0.01 0.02 0.07 0.03 0.01 0.005 0.00040.27 0.02 0.01 0.01 0.07 0.103 15 0.05 31 0.05 0.06Nov 0.13 0.00 0.02 0.07 0.00 0.01 0.000 0.00040.23 0.02 0.01 0.01 0.07 0.1047 0.02 0.03Dec 0.13 0.00 0.02 0.07 0.00 0.01 0.000 0.00040.23 0.02 0.01 0.01 0.07 0.104Total 1.57 0.11 0.12 0.84 0.18 0.09 0.029 0.00442.94 0.19 0.09 0.12 0.84 1.24 0.46 0.12 0.14(1) Four Single family residences.(2) Lawn area around one home irrigated by Cedar Ridge Farm Well No. 6 (0.04 acres).Lawn Area Diversion CU (80% Efficiency) = 2.71 af/acre(3) October ‐ April greenhouse watering totalling 4,200 sqft with an average plant area equalling approximately 2,100 sqft.  May ‐ September greenhouse demands will be met by Park ditch irrigation water.Greenhouse Demand = 0.623 gals/sqft/week or 0.089 gals/sqft/day (University of California, Agriculture and Natural Resources ‐ "How Much Does My Food Garden Need?")(4) Livestock watering for 20 horses, 40 pigs, 15 cows, and 14 alpacas. Water use assumed 11 gpd/horse, 6 gpd/pig, 12 gpd/cow, and 8 gpd/alpaca.(5)(6) 10 barn stalls converted to office ‐ occupied 8 hours/day for 5 days/week.  Water use assumed 12 gpd/person for access to one shared bathroom without access to drinking water.(7) One per week for 6 months (May ‐ October) for up to 50 people serving lunch or dinner, two of the events assumed to occur in June and July would be up to 75 people.  Water use assumed 7 gpd/person for access to one shared bathroom without access to drinking water.(8) Assumed two per month year round for up to 20 people with access to a shared bathroom but no water or meals provided.  Water use assumed to be 3 gpd/person.(9) Equals the sum of Column (1) through Column (8).(10) Wastewater treated by septic/leach field system (CU = 10%).  Equals 10% of Column (1) + Column (4) + Column (5)+ Column (6) + Column (7). Timing of depletions and returns evaluated using Glover.(11) Lawn irrigation lagged well depletions Equal Column (2) accounting for timing of well impacts less the return flow (20%) accounting for timing of the return flows. Timing of depletions and returns evaluated using Glover.(12) Green house irrigation lagged well depletions Equal Column (3) accounting for timing of well impacts. Timing of depletions evaluated using Glover.  Green house use is 100% consumptive.(13) Livestock watering 100% consumptive. Equals Column (4) lagged using Glover.(14) Equals the sum of Column (10) through Column (13).(15) Estimated number of days of potential dry year call placed at the Mason Ditch headgate based on historical call records.(16) CLDC consumtive use credit requirements.(17) No. of days of dry year Cameo Call.(18) BWCD contract amount needed less the requirement already covered by CLCD consumptive use credits.(19) BWCB contract amount needed to replace Roaring Fork and Colorado River obligations. Includes a 10% transit loss on reservoir releases. Column (17) * 1.1Obligation and ReplacementDiversionsDepletionsFull occupency is 10 units with 2 people/unit.  Unit use throughout the year is as follows:  Summer use May through October (10 units on the weekends, 4 units during the week); Winter use Nov ‐ April (2 units on the weekends, none during the week).  Water use assumed 25 gpd/person for access to one shared bathroom with shower, but no meals or water provided.1515‐1.01/31/2018 EXHIBIT 3 Cedar Ridge Farm Lagging Percentages Month Lagging  Percentages 17.7% 2 20.8% 3 15.2% 4 10.9% 58.8% 67.5% 76.5% 85.7% 95.0% 10 4.4% 11 3.9% 12 3.4% 100.0% 1515‐1.0 1/31/2018 !( !( !( CARBONDALE GLENWOOD SPRINGS ColoradoColoradoRiverRiver Roaring ForkRoaring ForkRiverRiver Lower Term inusConfluence of Colorado Riverand R oaring Fork River Lower Term inusConfluence of Roaring ForkRiver and Cattle Creek Upper Term inusCedar Ridge Farms Point ofDepletion on Cattle Creek CattleCattleCreekCreek Cedar R idge Farmand Lot 6 Copyright:© 2013 National Geographic Society, i-cubed EXHIB IT 4Augmentation Exchange ReachesApplication for Water R ight; Cedar Ridge Farm ®0 11,000 22,0005,500 Feet Date: 2018-01-31File: 1515-1.0Drawn: ABSApproved: MJE RESOURCE 909 Colorado Avenue / Glenwood Springs, CO 81601Voice: (970) 945-6777 - Web: www.resource-eng.com E N G I N E E R I N G, I N C. Exchange Reaches Cattle Creek Exchange Colorado River Exchange Mark Chain Consulting, LLC Page 1 811 Garfield Avenue Carbondale, CO 81623 Ph 970.963.0385 Fax 970.963.2916 mchain@sopris.net April 3, 2018 Glenn Hartmann, Principal Planner Garfield County Department of Community Development 108 8th St., Suite 401 Glenwood Springs, CO 81601 RE: Completeness Review Cedar Ridge Ranch Community Meeting Facility – GAPA-02-18-8604 Completeness Review Cedar Ridge/Johnson Lodging and Creative Spaces LIPA-02-18-8610 Dear Glenn: 1. Signatures. Randy Johnson signature on the application forms is attached. 2. Mineral Rights Owners. Merrill Johnson previously did research on mineral rights owners with the spring 2017 application. She found that 1/ 32nd of mineral rights of the subject property were retained by Charles & Ima Renftle (deed attached – Present address or heirs address unknown). I also found this in my research. A recent title commitment has also been issued for the property. A review of the title commitment and associated documents did not indicate that other mineral rights had been severed recently. I will continue to do additional research to ensure that subsequent owners of the property (Norman and Mary Sherwood and Sandra Smith) did not retain mineral rights. At that time, I will also try to determine any remaining address for Renftle. 3. Title Work. An updated title commitment from Land Title is attached. 4. Water Supply Plan A complete water supply plan has not been filed at this time with the application. Please note that the well has been in place for over 30 years and initial pump tests indicated 30 GPM. The well is still in use and serves the barn/horse arena. Our proposal is to request a submittal waiver per Section 4 – 202. If this application is approved, we will move forward with the pump testing and water Mark Chain Consulting, LLC Page 2 811 Garfield Avenue Carbondale, CO 81623 Ph 970.963.0385 Fax 970.963.2916 mchain@sopris.net quality testing. Below are the criteria outlined for a submittal waiver and responses. C. Review Criteria (Section 4 – 202 C). 1. The Applicant shows good cause for the requested waiver; Response: The well has been in operation and utilized for over 20 years. The owners are not aware of any problems at this time or in the past. The proposal is to schedule an additional well test and water quality testing if the land use change permits are approved. 2. The project size, complexity, anticipated impacts, or other factors support a waiver; Response: No additional use or persons utilizing the well will occur unless approval of the land use change permits. Adequate supply has been provided to the site since construction of the well. 3. The waiver does not compromise a proper and complete review; and Response: An adequate review can be undertaken with the land use change permits. We can provide additional support and information from Resource Engineering on request. 4. The information is not material to describing the proposal or demonstrating compliance with approval criteria. Response: Basic development background information has been examined and provided. Applicant has already applied for and submitted a Substitute Water Supply Plan, as contained in Section 5 of the Lodging and Creative Space application. There is enough information for Review Agencies to comment on the application. Mark Chain Consulting, LLC Page 3 811 Garfield Avenue Carbondale, CO 81623 Ph 970.963.0385 Fax 970.963.2916 mchain@sopris.net 5. Substitute Water Supply Plan. The substitute water supply plan demonstrating legal water for the proposed uses was included in Section 5 of the Lodging/creative Spaces application. We are including it here with this letter addressing completeness review. The project team has also requested additional comments from Rob Pierce, attorney for the applicant – who filed the Water Augmentation Plan (Application for Change of Water rights, Supplemental Plan of Augmentation and Appropriative Right of Exchange). 6. Nuisance Impacts. The goal of the Johnsons is to minimize and prevent nuisances related to any proposed land-use activities. The potential nuisance issue that people have brought up in similar applications is noise impact. At this point I would like to clarify the hours of operation and potential steps the Johnsons and Project Team are taking to eliminate adverse noise conditions. The potential noise impacts we see are associated with Community Events/Celebrations such as weddings. The Plan is: Amplification. There will be no outside “amplified” music at any of the Event/Celebrations. By this we mean a typical band, with electrical guitar, bass, woofers, drums etc. Music that will be allowed outside will be “acoustic” only, not amplified music. As being acoustic – acoustic guitar, violin etc. Some of this acoustic playing may occur in small areas in the outdoor celebration “meadow area” shown on the Overall Site Plan (sheet a-01, Section 3) and also immediately outside the barn/arena entry and inside the Event/celebration hallway. Any amplified music or such event that may include dancing would be played within the Community Event/Meeting area in the south side of the Barn/Arena. As you know from previous site visits this is a completely enclosed structure and of course windows and doors can be closed off as necessary so that noise impacts can be effectively mitigated. In addition, please note that the number of attendees at any Event/Celebration/Meeting has been capped at 75 people and the number of these events has also been limited. Time frame for events/celebrations. Any acoustic music that may be outside will be shut down towards the end of daylight hours. If there is any amplified or dance music in the Community Event/Meeting area, that will be turned off at 9 PM. The applicants do request that people be allowed to mingle after daylight hours inside the Event/Meeting/art gallery area in the south portion of the barn (after sunset). This would only be for quite conversation, debriefing etc. No people would be outside of the barn/arena area or in the previously identified meadow area after daylight hours. Timeframe for farm to table meals, educational demonstrations and similar meetings. These can be classified as events or meetings without music. Certain meetings and farm to table meals will occur in the Event/Meeting area. Since these do not generate noise, it is proposed that these be allowed to be Mark Chain Consulting, LLC Page 4 811 Garfield Avenue Carbondale, CO 81623 Ph 970.963.0385 Fax 970.963.2916 mchain@sopris.net held inside beyond daylight hours for purposes of having quite conversation etc. Educational demonstrations for farming, sustainability and similar topics may be held outside or at appropriate locations on the ranch. These will be closed down at dark; however the applicants would also like these events to have a similar opportunity to continue on after dark in the Event/Meeting area. Noise Standards. All activities will comply with standards set out by C.R.S. 25- 12-103 or as set out by regulations adopted by Garfield County. The standard is presently 55 db (A) between 7 AM to 7 PM and at 50 db (A) from 7 PM to 7 AM at the property line according to state guidelines. We are confident that by eliminating amplified music outside and having no organized activities after dark and having activities directly adjacent to or within the Meeting/Event area at the south segment of the barn will bring the site into compliance related to the property line. The Meeting/Event portion of the barn is approximately 150 feet from the nearest property boundary and the northeast corner of the barn/arena is approximately 87 feet from what of the property boundaries. (Note: barn/arena is an enclosed structure). Noise Testing. We are presently measuring ambient noise at the property to establish local baselines. We are using a Reed Sound Level Meter – Model ST- 805. Background noise measurement was conducted from 4 PM to 5 PM on Friday afternoon, March 30. There were no activities occurring on the property or immediately outside or adjacent to the barn/arena. Ambient noise levels were measured on the db (A) scale in order to initially measure background, ambient noise levels. Out of the wind, the db (A) readings fluctuated from 44.1 to approximately 49 db. In areas where there was measurable wind (it was a breezy afternoon), decibel readings varied from 63 db to approximately 70db. One ATV did approach the barn/arena and from a distance of approximately 75feet measured db 57.0. Tests were then conducted by playing a radio station on a car radio (Toyota Highlander) with all doors and rear hatch open at full volume. The car was placed at approximately 120 feet from the property boundary. Noise was measured on the db(c ) scale, more appropriate for measuring sound of “amplified musical activity”. At 50 feet from the automobile, noise measurements ranged from mid- 60 db to up to 89 db. It should be noted that an Alpine Bank advertisement utilizing the voice of Chairman Bob Young ranged in the high 60’s dB range. Please note that there is no intention to have this type of amplified music outside of the Community Event/Meeting space or having music play loudly from parked vehicles in vicinity of property boundaries for activities. This is solely for the purpose of obtaining some baseline estimates. Mark Chain Consulting, LLC Page 5 811 Garfield Avenue Carbondale, CO 81623 Ph 970.963.0385 Fax 970.963.2916 mchain@sopris.net 7. Creative Spaces. Looking through the uses allowed in Garfield County’s Rural “R” Zone District, it is our opinion that the Creative Spaces are equivalent to the Office Use designation in the LUCD. This confirms that the most appropriate type of land-use review is a Limited Impact Review. After the evaluation of the type of tenants who may occupy the spaces, these would range from professional office type uses to arts and crafts/artists that may occupy space in a typical Western Colorado downtown town such as Carbondale, Basalt or Glenwood Springs. As noted in other portions the application, these Creative Spaces will not have any toxic substances, open flames or any other hazardous type uses or activities. Detailed plans for specific space and layout will be handled as part of any building permit application. Evaluations and consultations will be done in cooperation with the County Building Official/inspector and associated staff. I hope this information addresses all your comments from March 21, 2018. Please contact me if you have questions or wish to discuss these items further. Sincerely, Mark Chain, Planner UPDATED SIGNATURE PAGES MINERAL RIGHTS TITLE COMMITMENT Land Title Guarantee Company Customer Distribution PREVENT FRAUD - Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. Order Number:GW63012606-2 Date: 03/15/2018 Property Address:3059 COUNTY ROAD 103, CARBONDALE, CO 81623 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance Closer's Assistant For Title Assistance Garfield County Title Team 901 GRAND AVENUE #202 GLENWOOD SPRINGS, CO 81601 (970) 945-2610 (Work) (970) 945-4784 (Work Fax) glenwoodresponse@ltgc.com PAM JOHNSON Attention: PAM JOHNSON 3059 COUNTY ROAD 103 Carbondale, CO 81623 (970) 618-6750 (Home) pamjohnson624@gmail.com Delivered via: Electronic Mail Property Address: 3059 COUNTY ROAD 103, CARBONDALE, CO 81623 1.Effective Date: 02/09/2018 at 5:00 P.M. 2.Policy to be Issued and Proposed Insured: "TBD" Commitment Proposed Insured: A BUYER TO BE DETERMINED $0.00 3.The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4.Title to the estate or interest covered herein is at the effective date hereof vested in: RANDALL L. JOHNSON AND PAMELA A. JOHNSON 5.The Land referred to in this Commitment is described as follows: A PARCEL OF LAND SITUATED IN THE SOUTHWEST QUARTER OF SECTION 12 AND IN THE NORTH HALF OF SECTION 13, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE QUARTER CORNER COMMON TO SECTION 12 AND 13 IN SAID TOWNSHIP AND RANGE; THENCE SOUTH 84°16'22" EAST ALONG THE SECTION LINE BETWEEN SAID SECTIONS 12 AND 13, 210.00 FEET TO A POINT IN THE CENTER OF THE PARK DITCH; THENCE ALONG THE CENTERLINE OF SAID DITCH SOUTH 16°07'31" EAST, 40.35 FEET; THENCE SOUTH 26°1'50" EAST, 76.58 FEET; THENCE SOUTH 34°58'50" WEST, 179.02 FEET; THENCE SOUTH 21°25'52" WEST, 97.27 FEET; THENCE SOUTH 09°41'43" EAST, 57.78 FEET; THENCE SOUTH 14°07'35" EAST, 322.35 FEET; THENCE SOUTH 12°03'17" EAST, 139.33 FEET; THENCE SOUTH 73°54'25" WEST, 138.94 FEET; THENCE SOUTH 01°31'14" EAST, 294.00 FEET; THENCE SOUTH 05°28'32" EAST, 109.40 FEET; THENCE SOUTH 21°16'33" EAST, 67.58 FEET; THENCE SOUTH 64°12'36" EAST, 116.10 FEET; THENCE SOUTH 52°13'39" EAST, 95.46 FEET; THENCE SOUTH 10°49'10" EAST, 116.53 FEET; THENCE SOUTH 26°39'52" EAST, 157.36 FEET; THENCE SOUTH 18°20'39" EAST, 70.39 FEET; THENCE SOUTH 27°01'44" EAST, 142.09 FEET; THENCE SOUTH 39°23'09" EAST, 143.24 FEET; THENCE SOUTH 02°53'08" WEST, 96.14 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF COUNTY ROAD #103; THENCE ALONG SAID RIGHT-OF-WAY, 59.31 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:GW63012606-2 Copyright 2006-2018 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. A RADIUS OF 1044.57 FEET, A CENTRAL ANGLE OF 3°15'11" AND SUBTENDING A CHORD BEARING OF SOUTH 81°47'25" WEST, 59.30 FEET; THENCE SOUTH 83°25'00" WEST, 115.08 FEET; THENCE 116.32 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 741.22 FEET, A CENTRAL ANGLE OF 8°59'29" AND SUBTENDING A CHORD BEARING OF SOUTH 78°55'16" WEST, 116.20 FEET; THENCE 230.70 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 423.13 FEET, A CENTRAL ANGLE OF 31°14'21" AND SUBTENDING A CHORD BEARING OF SOUTH 58°48'21" WEST, 227.86 FEET; THENCE 90.93 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 408.67 FEET, A CENTRAL ANGLE OF 12°44'56" AND SUBTENDING A CHORD BEARING OF SOUTH 36°48'42" WEST, 90.75 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE, NORTH 89°16'38" SECONDS WEST, 32.34 FEET; THENCE SOUTH 01°06'40" WEST, 492.34 FEET TO A POINT IN THE CENTER OF SAID PARK DITCH; THENCE SOUTH 79°54' 59 SECONDS WEST, 105.66 FEET ALONG THE CENTER OF SAID DITCH; THENCE NORTH 06°38'19" WEST, 240.30 FEET; THENCE NORTH 73°01'11" WEST, 409.45 FEET; THENCE NORTH 54°06'22" WEST, 675.91 FEET; THENCE NORTH 10°48'08" WEST, 214.00 FEET; THENCE NORTH 79°11'52" EAST, 905.00 FEET; THENCE NORTH 10°48'08" WEST, 976.00 FEET; THENCE NORTH 42°16'59" WEST 1003.84 FEET; THENCE NORTH 84°58'40" WEST, 176.10 FEET; THENCE NORTH 72°30'26" WEST, 309.16 FEET; THENCE SOUTH 68°23'17" WEST, 48.26 FEET; THENCE NORTH 18°16'24" WEST, 42.39 FEET; THENCE NORTH 00°19'40" EAST, 456.51 FEET; THENCE NORTH 88°12'04" WEST, 174.20 FEET; THENCE NORTH 10°24'04" WEST, 591.49 FEET; THENCE SOUTH 77°29'14" EAST, 737.75 FEET; THENCE SOUTH 27°08'04" EAST, 412.25 FEET; THENCE SOUTH 01°18'01" EAST, 122.39 FEET; THENCE SOUTH 03°51'39" EAST, 233.82 FEET; THENCE SOUTH 45°01'08" EAST, 273.91 FEET; THENCE SOUTH 03°42'58" WEST, 76.44 FEET; THENCE NORTH 87°58'57" EAST, 762.34 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO ALSO KNOWN AS: PARCEL A SMITH EXEMPTION AS SHOWN ON PLAT RECORDED MAY 24, 1989 AS RECEPTION NO. 401671 AND AMENDED PLAT RECORDED MARCH 12, 1991 AS RECEPTION NO. 421786. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:GW63012606-2 This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 1.PROVIDE LAND TITLE GUARANTEE COMPANY WITH A CURRENT IMPROVEMENT SURVEY PLAT OF SUBJECT PROPERTY. THIS REQUIREMENT IS NECESSARY TO DELETE THE STANDARD EXCEPTIONS. UPON REVIEW, ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS MAY BE NECESSARY. NOTE: ANY MATTERS DISCLOSED BY SAID IMPROVEMENT SURVEY PLAT WILL BE REFLECTED ON SAID POLICY(S) TO BE ISSUED HEREUNDER. NOTE: LAND TITLE IS NOT RESPONSIBLE FOR ORDERING SAID IMPROVEMENT SURVEY PLAT. 2.CERTIFICATE OF SATISFACTION ISSUED BY THE CLERK OF COUNTY COURT OF JUDGMENT IN FAVOR OF CAPITAL ONE BANK USA AGAINST RANDALL L. JOHNSON IN THE AMOUNT OF $5,976.88 PLUS COURT COSTS ENTERED ON MAY 11, 2015, TRANSCRIPT OF WHICH WAS RECORDED NOVEMBER 25, 2015, UNDER RECEPTION NO. 870808, CIVIL ACTION NO. 12C-000784, COUNTY COURT IN AND FOR THE COUNTY OF GARFIELD. 3.RELEASE OF DEED OF TRUST DATED APRIL 06, 2005 FROM RANDALL L. JOHNSON AND PAMELA A. JOHNSON TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF ALPINE BANK TO SECURE THE SUM OF $1,925,000.00 RECORDED APRIL 21, 2005, UNDER RECEPTION NO. 672679. MODIFICATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED MAY 03, 2016 UNDER RECEPTION NO. 876719. 4.RELEASE OF DEED OF TRUST DATED JANUARY 26, 2006 FROM RANDALL L. JOHNSON AND PAMELA A. JOHNSON TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF ALPINE BANK TO SECURE THE SUM OF $595,000.00 RECORDED FEBRUARY 07, 2006, UNDER RECEPTION NO. 691958. MODIFICATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED MAY 03, 2016 UNDER RECEPTION NO. 876720. 5.GOOD AND SUFFICIENT DEED FROM RANDALL L. JOHNSON AND PAMELA A. JOHNSON TO A BUYER TO BE DETERMINED CONVEYING SUBJECT PROPERTY. NOTE: ALL PARTIES WILL BE REQUIRED TO SIGN A FINAL AFFIDAVIT AND AGREEMENT AT CLOSING. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: GW63012606-2 All of the following Requirements must be met: NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: GW63012606-2 All of the following Requirements must be met: This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8.RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 30, 1893 IN BOOK 12 AT PAGE 264. 9.ANY PORTION OF RIGHT-OF-WAY FOR COUNTY ROAD NO. 103 AND A STRIP OF LAND CONVEYED TO THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY AS SET FORTH IN INSTRUMENT RECORDED OCTOBER 5, 1965 IN BOOK 370 AT PAGE 179. 10.RESERVATIONS OF A PERPETUAL NON-PARTICIPATING ROYALTY OF 1/32 OF ALL OIL, GAS AND OTHER MINERALS, AS RESERVED IN INSTRUMENT RECORDED MARCH 25, 1966 IN BOOK 375 AT PAGE 50. 11.TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AND RIGHT OF WAY RECORDED JULY 10, 1972 IN BOOK 433 AT PAGE 25. 12.TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AND RIGHT OF WAY RECORDED JUNE 14, 1975 IN BOOK 485 AT PAGE 883. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: GW63012606-2 Commitment For Title Insurance Issued by Old Republic National Title Insurance Corporation NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. . COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Comitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY i. comply with the Schedule B, Part I—Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (b) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (d) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (f) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (g) “Title”: The estate or interest described in Schedule A.(h) the Notice;(a) the Commitment to Issue Policy;(b) the Commitment Conditions;(c) Schedule A;(d) Schedule B, Part I—Requirements; and(e) Schedule B, Part II—Exceptions; and(f) a counter-signature by the Company or its issuing agent that may be in electronic form.(g) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (a) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (b) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (c) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (d) The Company shall not be liable for the content of the Transaction Identification Data, if any.(e) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (f) In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g) 13.GARFIELD COUNTY ROAD AS IT IS NOW IN PLACE IN LOT 8, SECTION 13, T7S, R88W, AS EXCEPTED IN WARRANTY DEED RECORDED AUGUST 17, 1976 IN BOOK 487 AT PAGE 850. 14.TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED MARCH 16, 1990 IN BOOK 774 AT PAGE 682. 15.EASEMENT AND RIGHT OF WAY FOR AN ELECTRIC TRANSMISSION OR DISTRIBUTION LINE OR SYSTEM, AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED OCTOBER 16, 1990 IN BOOK 790 AT PAGE 919. 16.EASEMENT AND RIGHT OF WAY FOR AN ELECTRIC TRANSMISSION OR DISTRIBUTION LINE OR SYSTEM, AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED NOVEMBER 5, 1990 IN BOOK 792 AT PAGE 599. 17.EASEMENTS, RIGHTS OF WAY AND ALL MATTERS AS DISCLOSED ON PLAT OF SUBJECT PROPERTY RECORDED MAY 24, 1989 AS RECEPTION NO. 401671 AND AMENDMENT THERETO RECORDED MARCH 12, 1991 AS RECEPTION NO. 421786. 18.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION #89-052 RECORDED MAY 18, 1989 IN BOOK 754 AT PAGE 474. 19.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF SMITH EXEMPTION RECORDED MAY 24, 1989 UNDER RECEPTION NO. 401671 AND AMENDED PLAT RECORDED MARCH 12, 1991 UNDER RECEPTION NO. 421786.. 20.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION #91-062 RECORDED JULY 18, 1991 IN BOOK 808 AT PAGE 864. 21.TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED DECEMBER 05, 2003 IN BOOK 1544 AT PAGE 701. 22.EFFECT OF LOT LINE ADJUSTMENT PLAT RECORDED OCTOBER 18, 2005 UNDER RECEPTION NO. 684636. 23.EASEMENT GRANTED TO HOLY CROSS ENERGY BY INSTRUMENT RECORDED OCTOBER 24, 2006, UNDER RECEPTION NO. 709591. 24.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN DRY UP COVENANTS AND SUBORDINATION AGREEMENT RECORDED APRIL 29, 2011 UNDER RECEPTION NO. 801927, AND CORRECTION RECORDED MARCH 20, 2014 UNDER RECEPTION NO. 816210, AND FIRST ADDENDUM RECORDED JULY 23, 2012 UNDER RECEPTION NO. 821691. 25.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN EASEMENT DEED AND AGREEMENT RECORDED APRIL 29, 2011 UNDER RECEPTION NO. 801928, AND CORRECTION RECORDED MARCH 20, 2014 UNDER RECEPTION NO. 816209. 26.RIGHT OF WAY FOR THE PARK DITCH AND THE RIGHTS OF OTHERS IN AND TO THE USE OF SAID RIGHT OF WAY. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: GW63012606-2 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: The Subject real property may be located in a special taxing district.(A) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (B) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. (C) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (A) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (B) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. (C) The Company must receive payment of the appropriate premium.(D) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. (E) This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (A) That such mineral estate may include the right to enter and use the property without the surface owner's permission. (B) SUBSTITUTE WATER SUPPLY PLAN DISTRICT COURT, WATER DIVISION 5, COLORADO 109 8th Street, Suite 104 Glenwood Springs, CO 81601 Telephone: (970) 928-3062 ▲ COURT USE ONLY ▲ Concerning the Application for Water Rights of: PAMELA A. JOHNSON and RANDALL L. JOHNSON, In the Roaring Fork River or its Tributaries, Garfield County, Colorado. Attorneys for Applicants: John R. Pierce, Attorney Reg. No. 32365 DUFFORD, WALDECK, MILBURN & KROHN, L.L.P. 744 Horizon Court, Suite 300 Grand Junction, CO 81506 Telephone: (970) 241-5500; Fax: (970) 243-7738 E-mail: dwmk@dwmk.com Case Number: 2018CW APPLICATION FOR CHANGE OF WATER RIGHTS, SUPPLEMENTAL PLAN OF AUGMENTATION, AND APPROPRIATIVE RIGHT OF EXCHANGE 1. Name, address, and phone number of applicants: Pamela A. Johnson and Randall L. Johnson 3059 County Road 103 Carbondale, CO 81623 with copies of all pleadings to: John R. Pierce Dufford, Waldeck, Milburn & Krohn, LLP 744 Horizon Court, Suite 300 Grand Junction, CO 81506 (970) 248-5865 2. Background: Applicants request a change to add commercial use to the water rights already decreed to the Cedar Ridge Farm Subdivision Well Nos. 1-5 and 7. Those wells, together with Cedar Ridge Farm Subdivision Well No. 6, are already covered by an augmentation plan approved in Case No. 81CW497. The addition of commercial use will not increase depletions beyond those addressed in the existing augmentation plan. However, because commercial use was not approved in that plan, Applicants request to amend it to cover commercial use. Pamela A. Johnson and Randall L. Johnson - Application for Change of Water Rights, Supplemental Plan of Augmentation, and Appropriative Right of Exchange- Division 5 Page 2 of 6 3. Request for change of water rights: A. Decreed water rights for which change is sought: (1) Name of structure: Cedar Ridge Farm Subdivision Well Nos. 1-5 and 7. (2) Original and subsequent decrees: Case Nos. 81CW497, 88CW378, 94CW272, 98CW126, 16CW6 (3) Legal description of structures from most recent decree: a. Cedar Ridge Farm Subdivision Well No. 1: (from Case No. 16CW6) NE/4 NW/4 of Section 13, Township 7 South, Range 88 West of the Sixth P.M., at a point 200 feet from the north section line and 2,490 feet from the west section line. b. Cedar Ridge Farm Subdivision Well No. 2: (from Case No. 16CW6) NE/4 NW/4 of Section 13, Township 7 South, Range 88 West of the Sixth P.M., at a point 750 feet from the north section line and 2,590 feet from the west section line. c. Cedar Ridge Farm Subdivision Well No. 3: (from Case No. 16CW6) NW/4 NE/4 of Section 13, Township 7 South, Range 88 West of the Sixth P.M., at a point 1,250 feet from the north section line and 2,600 feet from the east section line. d. Cedar Ridge Farm Subdivision Well No. 4: (from Case No. 16CW6) SW/4 NE/4 of Section 13, Township 7 South, Range 88 West of the Sixth P.M., at a point 1,850 feet from the north section line and 2,340 feet from the east section line. e. Cedar Ridge Farm Subdivision Well No. 5: (from Case No. 16CW6) SW/4 NW/4 of Section 13, Township 7 South, Range 88 West of the Sixth P.M., at a point 2,000 feet from the north section line and 1,740 feet from the west section line. f. Cedar Ridge Farm Subdivision Well No. 7: (from Case No. 98CW126) NE/4 NW/4 of Section 13, Township 7 South, Range 88 West of the Sixth P.M., at a point 48 feet from the north section line and 1,740 feet from the west section line. A map of the Cedar Ridge Farm Subdivision Well Nos. 1-7 is attached as Exhibit 1. (4) Source: Groundwater tributary to Cattle Creek, tributary to the Roaring Fork River, tributary to the Colorado River. Pamela A. Johnson and Randall L. Johnson - Application for Change of Water Rights, Supplemental Plan of Augmentation, and Appropriative Right of Exchange- Division 5 Page 3 of 6 (5) Appropriation date: December 28, 1981, for all wells. (6) Amount: 15 gallons per minute (“g.p.m.”) for Cedar Ridge Farm Subdivision Well Nos 1-5 and 30 g.p.m. for Cedar Ridge Farm Subdivision Well No. 7. (7) Uses: Domestic, non-commercial lawn and garden irrigation, stock watering, and standby fire protection. (8) Amount that applicants intend to change: Applicants request to change the full decreed amount for Well Nos. 1-5 and No. 7 to include commercial use as described below. B. Description of change: Applicants request to change the water rights in Well Nos. 1-5 and No. 7 to add commercial use to existing decreed uses. C. Name and address of owners of land on which structures or places of use are located: Applicants 4. Request for approval of amendment to plan for augmentation: A. Name of structures to be augmented: Cedar Ridge Farm Subdivision Well Nos. 1-5 and 7. (The requested amendment does not modify the existing augmentation plan as it applies to Cedar Ridge Farm Subdivision Well No. 6.) (1) Case No.: 81CW497 (2) Information regarding location, appropriation date, amount, and use from decree: See paragraph 3, above. B. Water rights to be used for augmentation: The water rights to be used for augmentation under this amendment to the plan for augmentation approved in Case No. 81CW497 are identical to the rights set out in that case, namely 0.9 acre-feet (“a.f.”) of excess augmentation water decreed in Case No. 79CW97 and 1.0 a.f. per year of Ruedi Reservoir water acquired by Applicants from the Basalt Water Conservancy District. C. Statement of plan for augmentation: The plan for augmentation approved in Case No. 81CW497 addressed consumptive use of 1.26 a.f. per year related to domestic use, including lawn and garden irrigation, stock watering, and fire protection. The change of use requested in paragraph three, above, adds commercial uses, including overnight lodging in tents or yurts, artist/craftsman studios, a community meeting center, and facility workshops or seminars. The uses under this plan include the original uses approved in Case No. 81CW497 as well as the changed uses in this case. Those combined uses will result in diversions of 2.94 Pamela A. Johnson and Randall L. Johnson - Application for Change of Water Rights, Supplemental Plan of Augmentation, and Appropriative Right of Exchange- Division 5 Page 4 of 6 a.f. per year and depletions of 0.10 a.f. per month, or 1.24 per year. A detailed monthly summary of those depletions is set out in the attached Exhibit 2. A table setting out lagged depletions is attached as Exhibit 3. The new plan for water use results in a lower annual depletion. The excess augmentation water approved in Case No. 79CW97 is sufficient to offset out-of- priority depletions in time and amount on Cattle Creek, with the remaining non- irrigation season depletions being addressed through releases of augmentation water pursuant to Applicants’ contract with the Basalt Water Conservancy District. 5. Request for approval of conditional appropriative right of exchange: A. Name of exchange: Cedar Ridge Farm Exchange B. Location of exchange reach: From the confluence of the Roaring Fork River with the Colorado River up to the point of depletion on Cattle Creek in the NW/4 SW/4, Section 12, Township 7 South, Range 88 West, Sixth P.M. A map showing the Cedar Ridge Farm Exchange reach is attached as Exhibit 4. (1) The lower termini include: a. Confluence of the Colorado River and the Roaring Fork River, which is currently located in the SE¼ of the NW¼ of Section 9, Township 6 South, Range 89 West of the 6th P.M., at a point approximately 2200 feet from the North section line and 2350 feet from the West section line of said Section 9 (UTM X = 299765, UTM Y = 4380329). b. Confluence of the Roaring Fork River and Cattle Creek, which is currently located in the NE¼ of the NE¼ of Section 12, Township 7 South, Range 89 West, in the 6th P.M. at a point 1,175 feet from the north section line, and 860 feet from the east section line of said Section 12 (UTM X = 304641.66, UTM Y = 4370636.95). (2) The upper termini is described as follows: The point of depletion on Cattle Creek located in the NW1/4 SW1/4 of Section 12, Township 7 South, Range 88 West of the 6th P.M., at a point 1,855 feet from the south section line and 1,136 feet from the west section line of said Section 12 (UTM X = 312817.76, UTM Y = 4370055.26). C. Date of appropriation and how initiated: August 25, 2017, by retaining legal counsel and hydrologist to develop water plan and preparing necessary water court application. Pamela A. Johnson and Randall L. Johnson - Application for Change of Water Rights, Supplemental Plan of Augmentation, and Appropriative Right of Exchange- Division 5 Page 5 of 6 D. Amount: 0.0002 c.f.s. (based on the maximum monthly stream depletion during the non-irrigation season occurring in November) E. Description of exchange: The Cedar Ridge Farm Exchange will operate during the non-irrigation season to exchange reservoir releases from reservoirs on the Roaring Fork River up Cattle Creek to the uppermost point of depletion or to exchange reservoir releases from reservoirs on the Colorado River upstream on the Roaring Fork River, then up Cattle Creek to the uppermost point of depletion. Note: Applicant believes that the plan for augmentation decreed in Case No. 81CW497 included an exchange that was sufficient to address the depletions described in that case. However, if the Court should conclude that the exchange in Case No. 81CW497 is not legally sufficient to be utilized for the changed uses and plan for augmentation sought in that case, Applicants request approval of a conditional appropriative right of exchange for those purposes. Respectfully submitted this 31st day of January, 2018. DUFFORD, WALDECK, MILBURN & KROHN, L.L.P. By: /s/ John R. Pierce John R. Pierce, Attorney Reg. No. 32365 Attorneys for Applicants !. !. !. !. !. !. !. !. !.!.!.Well No. 7 Well No. 6 Well No. 781CW497 Well No. 6 Well No. 5 Well No. 4 Well No. 3 Well No. 2 Well No. 1Well No 7 98CW126 Well No. 1 13 12 EXHIBIT 1Water Rights Location MapCedar Ridge Farm ®0 500 1,000250Feet Date: 2018-01-31File: 1515-1.0Drawn: ABSApproved: MJE Source: U SGS Quadrangle - Carbondale RESOURCE 909 Colorado Avenue / Glenwood Springs, CO 81601Voice: (970) 945-6777 - Web: www.resource-eng.com E N G I N E E R I N G, I N C. 1 in = 500 ft BLM Section Lines Well Locations !.Decreed !.Decreed Absolute !.Actual Cedar Ridge FarmProperty Boundary Lot 6 PropertyBoundary EXHIBIT 2 Cedar Ridge Farm Diversions, Depletions, and Augmentation Scheduleacre‐feet(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18)(19)Contract AmountMonthDomestic UsesNon‐Commercial LawnNon‐Commercial GreenhouseLivestockOvernight Lodging ‐ Tent or YurtArtist / Craftsman StudiosCommunity Meeting EventWorkshop/ Seminar Total In‐HouseIrrigation ‐ LawnIrrigation ‐ Greenhouse Livestock TotalNo. of Days Local Call on Cattle CreekCLDC Water from 79CW97No. of Days Cameo Call on Colorado RiverBWCD Contract WaterBWCD Contract Jan 0.13 0.00 0.02 0.07 0.00 0.01 0.000 0.00040.23 0.02 0.01 0.01 0.07 0.104Feb 0.12 0.00 0.02 0.07 0.00 0.01 0.000 0.00040.21 0.02 0.01 0.01 0.07 0.103Mar 0.13 0.00 0.02 0.07 0.00 0.01 0.000 0.00040.23 0.01 0.00 0.01 0.07 0.102Apr 0.13 0.00 0.02 0.07 0.00 0.01 0.000 0.00040.23 0.01 0.00 0.01 0.07 0.102 7 0.02 0.03May 0.13 0.01 0.00 0.07 0.03 0.01 0.005 0.00040.26 0.01 0.00 0.01 0.07 0.103 7 0.02 0.03Jun 0.13 0.02 0.00 0.07 0.03 0.01 0.005 0.00040.26 0.02 0.01 0.01 0.07 0.102 30 0.10 14 0.00 0.00Jul 0.13 0.03 0.00 0.07 0.03 0.01 0.005 0.00040.27 0.02 0.01 0.01 0.07 0.103 31 0.10 31 0.00 0.00Aug 0.13 0.02 0.00 0.07 0.03 0.01 0.005 0.00040.26 0.02 0.01 0.01 0.07 0.10431 0.10 31 0.00 0.00Sep 0.13 0.01 0.00 0.07 0.03 0.01 0.005 0.00040.25 0.02 0.01 0.01 0.07 0.10430 0.10 30 0.00 0.00Oct 0.13 0.01 0.02 0.07 0.03 0.01 0.005 0.00040.27 0.02 0.01 0.01 0.07 0.103 15 0.05 31 0.05 0.06Nov 0.13 0.00 0.02 0.07 0.00 0.01 0.000 0.00040.23 0.02 0.01 0.01 0.07 0.1047 0.02 0.03Dec 0.13 0.00 0.02 0.07 0.00 0.01 0.000 0.00040.23 0.02 0.01 0.01 0.07 0.104Total 1.57 0.11 0.12 0.84 0.18 0.09 0.029 0.00442.94 0.19 0.09 0.12 0.84 1.24 0.46 0.12 0.14(1) Four Single family residences.(2) Lawn area around one home irrigated by Cedar Ridge Farm Well No. 6 (0.04 acres).Lawn Area Diversion CU (80% Efficiency) = 2.71 af/acre(3) October ‐ April greenhouse watering totalling 4,200 sqft with an average plant area equalling approximately 2,100 sqft.  May ‐ September greenhouse demands will be met by Park ditch irrigation water.Greenhouse Demand = 0.623 gals/sqft/week or 0.089 gals/sqft/day (University of California, Agriculture and Natural Resources ‐ "How Much Does My Food Garden Need?")(4) Livestock watering for 20 horses, 40 pigs, 15 cows, and 14 alpacas. Water use assumed 11 gpd/horse, 6 gpd/pig, 12 gpd/cow, and 8 gpd/alpaca.(5)(6) 10 barn stalls converted to office ‐ occupied 8 hours/day for 5 days/week.  Water use assumed 12 gpd/person for access to one shared bathroom without access to drinking water.(7) One per week for 6 months (May ‐ October) for up to 50 people serving lunch or dinner, two of the events assumed to occur in June and July would be up to 75 people.  Water use assumed 7 gpd/person for access to one shared bathroom without access to drinking water.(8) Assumed two per month year round for up to 20 people with access to a shared bathroom but no water or meals provided.  Water use assumed to be 3 gpd/person.(9) Equals the sum of Column (1) through Column (8).(10) Wastewater treated by septic/leach field system (CU = 10%).  Equals 10% of Column (1) + Column (4) + Column (5)+ Column (6) + Column (7). Timing of depletions and returns evaluated using Glover.(11) Lawn irrigation lagged well depletions Equal Column (2) accounting for timing of well impacts less the return flow (20%) accounting for timing of the return flows. Timing of depletions and returns evaluated using Glover.(12) Green house irrigation lagged well depletions Equal Column (3) accounting for timing of well impacts. Timing of depletions evaluated using Glover.  Green house use is 100% consumptive.(13) Livestock watering 100% consumptive. Equals Column (4) lagged using Glover.(14) Equals the sum of Column (10) through Column (13).(15) Estimated number of days of potential dry year call placed at the Mason Ditch headgate based on historical call records.(16) CLDC consumtive use credit requirements.(17) No. of days of dry year Cameo Call.(18) BWCD contract amount needed less the requirement already covered by CLCD consumptive use credits.(19) BWCB contract amount needed to replace Roaring Fork and Colorado River obligations. Includes a 10% transit loss on reservoir releases. Column (17) * 1.1Obligation and ReplacementDiversionsDepletionsFull occupency is 10 units with 2 people/unit.  Unit use throughout the year is as follows:  Summer use May through October (10 units on the weekends, 4 units during the week); Winter use Nov ‐ April (2 units on the weekends, none during the week).  Water use assumed 25 gpd/person for access to one shared bathroom with shower, but no meals or water provided.1515‐1.01/31/2018 EXHIBIT 3 Cedar Ridge Farm Lagging Percentages Month Lagging  Percentages 17.7% 2 20.8% 3 15.2% 4 10.9% 58.8% 67.5% 76.5% 85.7% 95.0% 10 4.4% 11 3.9% 12 3.4% 100.0% 1515‐1.0 1/31/2018 !( !( !( CARBONDALE GLENWOOD SPRINGS ColoradoColoradoRiverRiver Roaring ForkRoaring ForkRiverRiver Lower Term inusConfluence of Colorado Riverand R oaring Fork River Lower Term inusConfluence of Roaring ForkRiver and Cattle Creek Upper Term inusCedar Ridge Farms Point ofDepletion on Cattle Creek CattleCattleCreekCreek Cedar R idge Farmand Lot 6 Copyright:© 2013 National Geographic Society, i-cubed EXHIB IT 4Augmentation Exchange ReachesApplication for Water R ight; Cedar Ridge Farm ®0 11,000 22,0005,500 Feet Date: 2018-01-31File: 1515-1.0Drawn: ABSApproved: MJE RESOURCE 909 Colorado Avenue / Glenwood Springs, CO 81601Voice: (970) 945-6777 - Web: www.resource-eng.com E N G I N E E R I N G, I N C. Exchange Reaches Cattle Creek Exchange Colorado River Exchange From: Rob Pierce Sent: Monday, April 23,2OL811-:25 AM To:' kcave @ga rfie ld-cou nty.com' <kcave @ ga rfie ld-cou ntv.com > Subject: Update regarding SWSP request for Randy and Pamela Johnson Kelly, It was nice talking with you. As we discussed, the application for the Substitute Water Supply Plan ("SWSP") was submitted to the Division of Water Resource on March 26,2OL8. Any parties wishing to comment on the application must do so before April 25th. The Division Water Resources will review any comments it receives and either approve the SWSP with additional terms and conditions included to address concerns set out in such comments, forward the comments to my office so that I can respond with additional information, or simply approve the SWSP. The SWSP process is designed to be streamlined - there typically isn't much back-and-forth between the applicant and those offering comments. The person at the Division of Water Resources that will oversee the review of the SWSP request is Megan Sullivan, the Division of Water Resources Team Leader for Divisions 4, 5, and 6. I spoke with her last week and she informed me that she had already reviewed the SWSP request, as well as the related water court application, and her initial assessment was that the request did not seem controversial from a water rights standpoint. Due to the tight timel¡nes in this case, Ms. Sullivan has offered to fast-track the SWSP request once the comment period ends. I am hopeful that we will have the approval in hand within the next 30 days. By statute, an SWSP such as this can be approved annually for a three year period, more or less as a matter of course. Extension beyond three years can be granted by the Division of Water Resources upon a showing that the delay in the water court case is justifiable. Extension beyond five years can be granted by leave of the water court. As you are aware, a number of statements of opposition have been filed in the Johnson's water court case. Based on the engineering report prepared by Resource Engineering before the Johnson's water court appl¡cation was filed, we are confident that we can address the concerns of the opposers. As you are aware, the water court case does not seek to increase the amount of water pumped under the decree for the wells on the Johnson property, nor does it increase the depletions beyond that covered by the existing augmentation plan. ln essence, the entire water court case is merely seeking to add the word "commercial" to the uses approved for the wells. Downstream water uses should not see any physical change. I hope that information is helpful. Please feel free to contact me if I can be of any more assistance Sincerely, Rob ¡lt ffT'frfff*,%f,i$t;, Rob Pierce Dufford, Waldeck, Milburn & Krohn, L.L.P T44Horizon Court, Suite 300 Grand Junction, CO 81506 Direct Line: 97 O-248-5865 Facsimile: 970-243-7738 2