HomeMy WebLinkAboutSupplemental Application Submittal Packet12750 Hwy 82 ADU
Permit Submittol Letter
REGEIVED
ft{Ar û 4 2022
GARFIELD COUNTY
COMMUNITY DEYELOPMENT
Colleen, Som ond teom:
A few more notes regording this permit submittol:
A woter ougmentotion permif hos been opplied for ond opp¡gvep b1 the
Bosolt Woter Conservoncv Dístrict, see ottoched controct. ì/Eh/ u?Lt-
/fû-rr4rf ,l/*s àæaJ "ff?¿¡ã frru
The windows ond exterior doors ore lobeled on exterior elevotions - these
lobels correspond to the Pello window schedule submitied os on 11x17
There is no HOA for the neighborhood, but I've tolked with my 3 neighbors
ond hove sent them oll copies of the plons
I hove included o signed ogreement with Holy Cross to move the existing
power pole ond instoll o new one to the west per the Civil plon.
An electricol lood form hos been submitted to Holy Cross by Littell Electric
HP Kumor will perform on open hole survey upon excovotion, ond prior to
footings
No noturol gos or propone will be brought to the new structure, only well
woter, septic ond electric
We plon on instolling on electric fireploce insert, I don'f think this is
considered o fireploce but rother on opplionce, but I've ottoched specs
onywoy
Thonk you for your ottention, ond pleose let me know whot questions you hove.
Mike Chmuro
(e70) ó,l 8-2383
mike@korultd.com
a
a
a
a
a
a
a
BASALT WATER CONSERVANCY DISTRICT
WATER ALLOTMENT CONTRACT NO. 788
Pursuant to C.R.S. 537-45-1.31,
JAMES M. CHMURA AND ALDANA CHMURA (collectively, "Applicant") have applied
to the Basalt Water Conservancy District ("District") a political subdivision of the State of
Colorado, organized pursuant to and existingby virtue of Section 37-45-'1.01., Colorado Revised
Statutes, et seq., for an allotment contract for beneficial use of water rights owned, leased, or
hereafter acquired by the District ("Contract"). By execution of this Contract, Applicant agrees
to the following terms and conditions and those certain terms and conditions set forth in the
attached Order, which is fully incorporated as a part of this Contract.
1. QUANTITY: In consideration of the covenants and conditions herein contained,
Applicant shall be entitled to receive and apply to beneficial use 0.033 cubic feet of water per
second from the District's direct flow rights and 0.6 acre feet per year of storage or other
augmentation water owned or controlled by the District. Applicant shall restrict actual
diversions and consumptive use under this Contract to these amounts. The Contract amount is
based on the water requirements table attached hereto as Exhibit B. Any increase or change in
the water requirements to be served by the District will require an amendment to the subject
Contract.
2. SOURCE OF ALLOTTED WATER: Water rights allotted pursuant to this
Contract shall be from the District's water rights decreed to the Basalt Conduit, Landis Canal,
Stockman's Ditch Extension, Troy and Edith Ditch, Robinson Ditch, or other water rights
hereafter acquired by the District, including the District's right to receive storage water from
Ruedi Reservoir and Green Mountain Reservoir. The District shall have the right to designate
the water right or Decree of the District from which the Applicant's allotted rights shall be
obtained. The Applicant's use of any of the District's water rights shall be subject to any and all
terms and conditions imposed by the Water Court on the use of the District's said rights.
Exchange or augmentation releases made from the District's storage rights in Ruedi or Green
Mountain Reservoirs or other works and facilities of the District shall be delivered to the
Applicant at the outlet works of said storage facility and release of water at such outlet works
shall constitute full performance of the District's delivery obligation. Delivery of water from the
District's storage rights in Ruedi or Green Mountain Reservoir shall be subject to the District's
lease contract with the United States Bureau of Reclamation and any rules and regulations
promulgated pursuant thereto. Releases from other facilities available to the District shall be
subject to the contracts, laws, rules, and regulations governing releases therefrom.
Furthermore, the District hereby expressly reserves the right to store water and to make
exchange releases from structures that may be built or controlled by the District in the future, so
long as the water service to the Applicant pursuant to this agreement is not impaired by said
action.
3. At Applicant's request, this water allotment contract supply and Applicanfs
structure(s) benefited hereunder have been included in the District's umbrella plan for
7
augmentation decreed in Case No. 02CW77 ("Umbrella Plan"). Applicant agrees to pay
$1,200.00 for inclusion in the Umbrella Plan contemporaneously with acceptance of this Order,
unless otherwise agreed in writingby the parties, which amount is based on and limited to the
type(s) and amount of water use made by Applicant as detailed in Exhibit B to this Water
Allotment Contract.
4.AND LOCATION OF : Applicant will use the water rights
allotted pursuant to this Contract for beneficial purposes by diversion at Applicant's point of
diversion under the District's direct flow water rights and/or for use by augmentation or
exchange. Applicant will use the water allotted by the District within or through facilities or
upon lands owned, operated, or served by Applicant, which lands are described on Exhibit A
attached hereto and incorporated herein by this reference; provided that the location and
purpose of Applicant's use of said water shall be legally recognized and permitted by the
applicable governmental authority having jurisdiction over the property served. Applicant's
contemplated usage for the water allotted hereunder is for the following use or uses:
X Domestic/lVlunicipal _Industrial _Commercial _Agricultural _Other
It is acknowledged that certain locations within the District may not be susceptible to
service solely by the District's water rights allotted hereunder or the District's said water rights
may not satisfy Applicant's needs and purposes. To the extent that service cannot be achieved
by use of the District's allotted water rights, or in the event said service is inadequate, Applicant
may utilize such other water rights, by way of supplementing the District's water rights, or
otherwise, as is necessary to assure water service sufficiently reliable for Applicant's intended
purpose of purPoses.
All lands, facilities and areas served by water rights allotted hereunder shall be situated
within the boundaries of the District.
Any quantity of the Applicant's allocation not delivered to or used by Applicant by the
end of each water year shall revert to the water supplies of the District. Such reversion shall not
entitle Applicant to any refund of payment made for such water.
Water service provided by the District shall be limited to the amount of water available
in priority at the original point of diversion of the District's applicable water right and neither
the District, nor those entitled to utilize the District's decrees, may call on any greater amount at
new or alternate points of diversion. The District shall request the Colorado State Engineer to
estimate any conveyance losses between the original point and any alternate point and such
estimate shall be deducted from this amount in each case. The District, or anyone using the
District's decrees, may call on any additional sources of supply that may be available at an
alternate point of diversion, but not at the original point of diversion, only as against water
rights which are junior to the date of application for the alternate point of diversion.
In the event the Applicant intends to institute any legal proceedings for the approval of
an augmentation plan and/or any change to an alternate point of diversion of the District's
2
water right to allow the Applicant to utilize the water allotted hereunder, the Applicant shall
give the District written notice of such intent. In the event the Applicant develops and
adjudicates an alternate point of diversion and/or an augmentation plan to utilize the water
allotted hereunder, Applicant shall notbe obligated to bear or defray any legal or engineering
expense of the District incurred by the District for the purpose of developing and adjudicating a
plan of augmentation for the District. In any event, the District shall have the right to aPProve
the Applicant's application for change of water right, and/or augmentation plan or other water
supply plan involving the District's rights, and the Applicant shall provide the District copies of
such application and of all pleadings and other papers filed with the Water Court in the
adjudication thereof.
The District reserves the exclusive right to review and approve any conditions which
may be attached to judicial approval of Applicant's use of the District's water rights allotted
hereunder. Applicant agrees to defray any out-of-pocket expenses incurred by the District in
connection with the allotment of water rights hereunder, including, but not limited to,
reimbursement of legal and engineering costs incurred in connection with any further water
rights adjudication necessary to allow Applicant's use of such allotted water rights; provided,
however, in the event any such adjudication involves more of the District's water rights than
are allotted pursuant to this Contract, Applicant shall bear only a pro rata portion of such
expenses. Applicant shall be solely responsible for providing the structures, works and
facilities, if any, necessary to utilize the District's water rights allotted hereunder for Applicant's
beneficial use.
5. PAYMENT: Applicant shall pay annually for the water service described herein
at a price to be fixed annually by the Board of Directors of the District for such service. Payment
of the annual fee shall be made, in full, within fifteen (15) days after the date of a notice from
the District that the payment is due. Said notice will advise the Applicant, among other things,
of the water delivery year to which the payment shall apply and the price which is applicable to
that year. If a payment is not made by the due date, a late fee of $50 (or such other amount as
the Board may set from time to time) will be assessed and final written notice of the delinquent
account and late fee assessment will be sent by the District to the Applicant at Applicant's
address set forth below. If payment is not made within thirty (30) days after said final written
notice, the District may, at its option, elect to terminate all of the Applicant's right, title, or
interest under this Contract, in which event the water right allotted hereunder may be
transferred, leased or otherwise disposed of by the District at the discretion of its Board of
Directors.
In the event water deliveries hereunder are made by or pursuant to agreement with
some other person, corporation, quasi-municipal entity, or governmental entitf , and in the
event the Applicant fails to make payments as required hereunder, the District may, at its sole
option and request, authorize said person or entity to curtail the Applicant's water service
pursuant to this Contract, and in such event neither the District nor such Persons or entity shall
be liable for such curtailment.
,')
6. APPROPRIATION OF FUNDS: The Applicant agrees that so long as this
Contract is valid and in force, Applicant will budget and appropriate from such sources of
revenues as may be legally available to the Applicant the funds necessary to make the annual
payments in advance of water delivery pursuant to this Contract. The Applicant will hold
harmless the District and any person or entity involved in the delivery of water pursuant to this
Contract, for discontinuance in service due to the failure of Applicantto maintain the payments
herein required on a current basis.
7. BENEFIT OF CONTRACT:The water right allotted hereunder shall be
beneficially used for the purposes and in the manner specified herein and this Contract is for
the exclusive benefit of the Applicant and shall not inure to the benefit of any successor/ assign,
or lessee of said Applicant without the prior written approval of the Board of Directors of the
District.
Upon the sale of the real property to which this Contract pertains, Applicant has a duty
to make the buyer aware of this Contract and the need to assign the Contract to the buyer.
However, prior written approval of the Board of Directors of the District is required before the
assignment is effective. Payment of an assignment fee in an amount determined by the Board
shall be required as a prerequisite to approval of the assignment.
In the event the water right allotted hereunder is to be used for the benefit of land which
is now or will hereafter be subdivided or otherwise held or owned in separate ownership
interest, the Applicant may assign the Applicant's rights hereunder only to a homeowners
association , water district, water and sanitation district or other special district, or other entity
properly organized and existing under and by virtue of the laws of the State of Colorado, and
then only if such association, entity or special district establishes to the satisfaction of the Basalt
Water Conservancy District that it has the ability and authority to assure its performance of the
Applicant's obligations under this Contract. In no event shall the owner of a portion, but less
than all, of the Applicant's property to be served under this Contract have any rights hereunder,
except as such rights may exist through a homeowners association or special district as above
provided.
Any assignment of the Applicant's rights under this Contract shallbe subject to and must
comply with such requirements as the District has adopted or may hereafter adopt regarding
assignment of Contract rights and the assumption of Contract obligations by assignees and
successors, provided that such requirements shall uniformly apply to all allottees receiving
District service. The restrictions on assignment as herein contained shall not preclude the
District from holding the Applicant, or any successor to the Applicant, responsible for the
performance of all or any part of the Applicant's covenants and agreements herein contained.
8. OTHER RULES: Applicant's rights under this Contract shall be subject to the
Water Service Plan as adopted by the District and amended from time to time; provided that
such Water Service Plan shall apply uniformly throughout the District among water users
receiving the same service from the District. Applicant shall also be bound by all applicable law,
including, for example, the provisions of the Water Conservancy Act of the State of Colorado,
4
the Rules and Regulations of the Board of Directors of the District, the plumbing advisory,
water conservation, and staged curtailment regulations, if any, applicable within the County in
which the water allotted hereunder is to be used, together with all amendments of and
supplements to any of the foregoing.
9. CURTAILMENT OF USE: The water service provided hereunder is expressly
subject to the provisions of that certain Stipulation in Case No.81CW253 on file in the District
Court in Water Division 5 of the State of Colorado, which Stipulation provides, in part, for the
possible curtailment of out-of-house municipal and domestic water demands upon the
occurrence of certain events and upon the District giving notice of such curtailment, all as more
fully set forth in said Stipulation.
10. OPERATION AND MAINTENANCE AGREEMENT Applicant shall enter into
an "Operation and Maintenance Agreement" with the District if and when the Board of
Directors finds and determines that such an agreement is required by reason of additional or
special services requested by the Applicant and provided by the District or by reason of the
delivery or use of water by the Applicant for more than one of the classes of service which are
defined in the Rules and Regulations of the Board of Directors of said District. Said agreement
may contain, but not be limited to, provision for water delivery at times or by means not
provided within the terms of standard allotment contracts of the District and additional annual
monetary consideration for extension of District services and for additional administration,
operation and maintenance costs, or for other costs to the District which may arise through
services made available to the Applicant.
11. CHANGE OF USE: The District reserves the exclusive right to review and
approve or disapprove any proposed change in use of the water right allotted hereunder. Any
use other than that set forth herein or any lease or sale of the water or water rights allotted
hereunder without the prior written approval of the District shall be deemed to be a material
breach of this Contract.
12. PRIOR RESOLUTION: The water service provided hereunder is expressly
subject to that certain Resolution passed by the Board of Directors of the District on September
25,1,979, and all amendments thereto, as the same exists upon the date of this application and
allotment Contract.
1,3. NO FEE TITLE: It is understood and agreed that nothing herein shall give the
Applicant any equitable or legal fee title interest or ownership in or to any of the water or water
rights of the District, but that Applicant is entitled to the right to use the water right allotted
hereunder, subject to the limitations, obligations and conditions of this Contract.
14.COMPLIANCE WITH SECTION 404 OF THE CLEAN WATER ACT. Applicant
shall comply with Section 404 of the Clean Water Act and consult with the Army Corps of
Engineers to complete any Section 404 compliance that may be required as a result of the
construction of any facilities necessary to use contract water.
5
1,5. CONSERVATION PRACTICES: Applicant shall implement and use commonly
accepted conservation practices with respect to the water and water rights allotted hereunder
and shall be bound by any conservation plan hereafter adopted by the District, as the same may
be amended from time to time.
1,6. WELL PERMIT: If Applicant intends to divert through a well, then Applicant
must provide to District a copy of Applicant's valid well permitbefore the Districtis obligated to
deliver any water hereunder, and it is the Applicant's continuous duty to maintain a valid well
permit. Applicant shall also comply with all restrictions and limitations set forth in the well
permit obtained from the Colorado Division of Water Resources. Applicant must comply with
the well-spacing requirements set forth in C.R.S. S 37-90-1.37, as amended, if applicable.
Compliance with said statutory well-spacing criteria shall be an express condition of the
extension of service hereunder, and the District shall in no way be liable for an Applicanfs
failure to comply. Applicant agrees to mark the well in a conspicuous place with the permit
number.
17. MEASURING DEVICE OR METER: Applicant agrees to provide, at its own
expense, a totalizing flow meter with remote readout to continuously and accurately measure at
all times all water diverted pursuant to the terms of Applicant's water right and the terms of this
Contract. On or before November 15 of each year, Applicant will provide accurate readings
from such device or meter (recorded on a monthly basis for the period November 1 through
October 30 of each year) to District, the Division Engineer and Water Commissioner. Applicant
acknowledges that failure to comply with this paragraph could result in legal action to
terminate Applicant's diversion of water by the State of Colorado Division of Water Resources.
By signing this Contract, Applicant hereby specifically allows District, through its authorized
agent, to enter upon Applicant's property during ordinary business hours for the purposes of
determining Applicant's actual use of water.
18. CONTRACT TERMINATION:
A. Termination bv Dis trict
1,. The District may terminate this Contract for any violation or
breach of the terms of this Contract by Applicant, or Applicant's breach of
any other contract with the District.
2. The District may terminate this Contract il in its discretion/ any
judicial or administrative proceedings initiated by Applicant threaten the
District's authority to contract for delivery or use of the District's water
rights, or threaten the District's permits, water rights, or other interests of
the District.
B. Termination
6
1.. Applicant may terminate this Contract in its entirety for any
reasonby notifying the District in writing of the termination on orbefore
April 1. Notice by said date will prevent the Applicant's liability for the
next annual contract charge.
19. RECORDING OF MEMORANDUM: In lieu of recording this Water Allotment
Contract, a Memorandum of Water Allotment Contract will be recorded with the Garfield
County Clerk and Recorder's Office. The costs of recording the Memorandum shall be paid by
Applicant.
WI.i-
James Chmura
Aldana
Applicønt's Address:
1,2750 Highway 82
Carbondale, CO 81623
Telephone No.: (970) 61,8-2383
E-mail: mike@korultd.com
STATE OF COLORADO
COUNTY OFêP¡AF.Ie.LD
Subscribed and sworn to before me this
and Aldana Chmura.
l.4AY:v¿_
day oFÁçrt1,2022,byJames M. Chmura
)
)
)
SS
ell
WITNESS my hand and
My commission expires:
official seal
2o
JULIE YBARRA.LESLIE
Notary Public
State of Colorado
Notary lD f 20034007783
tr4¡t C o m mj s s i o n^E¡ p i ts sô3iqq'¿ q?,3
7
EXHIBIT A
Legal Description
PARCEL A
A TRACT OF LAND SITUATED IN LOT 6 OF SECTION 27, TOWNSHIP 7 SOUTH, RANGE 88
WEST OF THE 6TH P.M., LYING SOUTHERLY OF AND ADJACENT TO THE NORTHERN
BOUNDARY LINE OF SAID LOT 6 AND BEING MORE PARTICURLARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT WHENCE TH.E F1./4 CORNER OF SAID SECTION 27 BEARS
SOUTH 85"26'08" EAST 1.957.79 FEET; THENCE WEST 400.00 FEET; THENCE NORTH 336.88
FEET TO A POINT ON THE NORTHERLY BOUNDARY LINE OF SAID LOT 6; THENCE
NORTH 89O16'00'' EAST 4OO.O3 FEET ALONG THE NORTHERLY BOUNDARY LINE OF SAID
LOT 6, THENCE SOUTH 342.00 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION CONVEYED TO ]AMES HURTIGBY DEED
RECORDED IANUARY 21, 1987 IN BOOK 704 AT PAGE 51 AS RECEPTION NO. 378324
DESCRIBED AS FOLLOWS:
A TRACT OF LAND SITUATED IN LOT 6 OF SECTION 27, TOWNSHIP 7 SOUTH, RANGE 88
WEST OF THE 6TH PRINCIPAL MERIDIAN GARFIELD COUNTY, COLORADO, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE TF{E 81./4 CORNER OF SAID SECTION 27 BEARS
SOUTH 83o55'36" EAST 1.962.71. FEET; THENCE SOUTH 51.86 FEET; THENCE WEST 67.37
FEET; THENCE NORTH 52"21'53'EAST 84.93 FEET TO THE POINT OF BEGINNING.
PARCEL B:
A TRACT OF LAND SITUATED IN LOT 6 OF SECTION 27, TOWNSHIP 7 SOUTH, RANGE 88
WEST OF THE 6TH PRINCIPAL MERIDIAN GARFIELD COUNTY, COLORADO ANDBEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE TH.E 81./4 CORNER OF SAID SECTION 27 BEARS
SOUTH85o35'14" EAST 2024.95FEET; THENCE SOUTH 52"21'53u WEST81.74FEET; THENCE
WEST 267.90 FEET; THENCE NORTH 49.91. FEET; THENCE EAST 332.63 FEET TO THE
POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
8
.lâmes M ând Aldanâ ChmureAÞnl6.2022A4150.033Wâter tlser'Analvs¡s DateDistrict Area:Source Sefles:Maximum Demand:(GPM) (CFS)BASALT WATER CONSERVANCY DISTRICTWATER REQUIREMENTS(acre feet)(14)Source ofAuo/ReolaceGNMGNMGNMGNMGNMGNMGNMGNMGNMGNMGNMGNM(1 3).DelayedDênlêfiônso.o440.0440.0430.0420.0420.0410.0420.0420.0430.0440.0450.0460.518(7)Domesticln-house(8)PondEvao./o\Lawnlrriqation(1 0)Croplrrioation(1 1)Livestock(12)-TOTAL0.0110.0100.0110.0250.0850.1 030.0990.0650.0600.0280.0110.0110.5180.0000.0000.0000.0000.0000.0000.0000.0000.0000.0000.0000.0000.000Assumptions# of Livestock @ 1 1 oals/dav0% CU lor Domest¡ciCommerc¡al1Ê% Lawn lrrig. EfficiencyConsumption of lrrig. (aflac)802.025% Crop lrrig. EfficiencyConsumpt¡on of lnig. (aflac)800.000Elevaüon (feet)63250.0000.0000.0000.0000.0000.0000.0000.0000.0000.0000.0000 0000.0000.0000.0000.0000.0130.0670.0830.0790.048o.0440.0150.0000 0000.3490.0000.0000.0000.0000.0000.0000.0000.0000.0000.0000.0000.0000.0000.0100.0090.0100.01 00.0100.0100.0100.0100.0100.0100.0r 00.0100.118t5)(7\(e)(1 0)(e-10)(1)Domesticln-house(2)PondEvao(3)Lawnlrrioât¡on(4)(5)Livestock(ri)TOTALCroplrrioation0.0670.0600.0670.0800.1 500.1 680.1660.1270. 1 190.0860.0640.0671.220NUMBER OF RESIDENCES# persons/residence# oallons/oerson/dav23.5100Commercial/Other Demand (af)0.000 Officesq. l-t. o1 Lawfì lrngateoLawn Appl¡catìon Rate (aflac)/,þ002,531Acres of Crop lrrigatedCroo Application Rate (aflac)0.000.0000.0000.0000.0000.0000.0000.0000.0000.0000.0000.0000.0000.0000.0000.0000.0000.0000.0000.0000.0000.0000.0000.0000.0000.0000.0000.0000.0000.0000.0000.0160.0830.1040.0990.0600.0550.0190.0000.0000.4360.0000.0000.0000.0000.0000.0000.0000.0000.0000.0000.0000.0000.0000.0670.0600.0670.0640.0670.0640.0670.0670.0640.0670.0640.0670.784(1)(2)(3)(4)MônthJanuaryFebruaryMarchAprìlMayJuneJulyAugustSeptemberOctoberNovemberDecemberTOTALS ->A4Fork RiverDWell10% from Green Mtn.lnXh{rJ'{EË-ìrË
ORDER GRANTING APPLICATION FOR ALLOTMENT CONTRACT
JAMES M. CHMURA AND ALDANA CHMURA
CONTRACT NO. 788
Application having been made by or on behalf of JAMES M. CHMURA AND ALDANA
CHMURA, and hearing on said Application having been duly held, it is hereby ordered that
said Application be granted and that the attached Water Allotment Contract for 0.033 cubic feet
of water per second from the District's direct flow rights and 0.6 acre feet per year of
storage/augmentation water owned or controlled by the District is hereby approved and
executed by and on behalf of the Basalt Water Conservancy District for the beneficial use of the
water allotted in the attached Contract, upon the terms, conditions and manner of payment as
therein specified and subject to the following specific conditions:
1. The Applicant has acknowledged that the land to be benefited by the attached
Contract is described on Exhibit A attached hereto and incorporated herein by this reference.
2. In the event of the division of the property served by this Contract into two or
more parcels owned by different persons, the Applicant shall establish a homeowners
association or other entity acceptable to the District for the ongoing payment of charges due
under the approved Contract following subdivision of the property. The Applicant shall give
notice to purchasers of all or any part of the subject property of the obligation of this Contract
and shall record such notice in the records of the Clerk and Recorder of Garfield County,
Colorado. Applicant and their successors and assigns shall comply with all rules and
regulations now existing or hereafter adopted by the District, including enforcing payment of
charges due under the approved Contract by present and future owners of all or any part of the
real property served under this Contract.
3. Any allotment of less than L.0 acre foot of storage water in Paragraph 1 of the
attached Contract shall be deemed 1.0 acre foot for purposes of establishing the annual water
service charge for such water allotment.
4. Applicant has represented to the District that the proposed use of the land to be
benefited by the water allotted hereunder has been approved by the applicable governmental
authorities having jurisdiction over such land use and by executing the attached water
allotment contract warrants to the District that the lot or parcel to be benefited hereunder is
legally subdivided.
5. Any well permits issued on the basis of this Contract shall be applied for and
issued in the name of the Applicant.
6. This Contract is conditioned upon and water may be delivered hereunder only in
conformity with a water rights plan of augmentation decreed by the Water Court of Water
Division No. 5, including Case No. 02CW77. Any and all conditions imposed upon the release
and diversion of the water allotted hereunder in the decree of said Water Court shall be
-t-
incorporated herein as a condition of approval of this Contract. Granting of this Allotment
Contract does not constitute the District's representation that the Applicant will receive a
well permit or water rights decree for the land to be benefited hereby.
7. If Applicant intends to divert water through a well or wells, Applicant shall
provide the District a copy of Applicant's valid well permit for each such well before the District
is obligated to deliver water for the benefit of Applicant hereunder. Applicant must comply
with the well-spacing requirements set forth in C.R.S. 537-90-137, as amended,if applicable.
Compliance with said statutory well-spacing criteria shall be an exPress condition of the
extension of service hereunder, and the District shall in no way be liable for an Applicant's
failure to comply.
Approved this 12th day of April, 2022.
BASALT WATER CONSERVANCY DISTRICT
By'
Gary D
Attest:
By:
Michael Kennedy
Secretary to the Meeting
ent
.,
EXHIBIT A
Legal Description
PARCEL A
A TRACT OF LAND SITUATED IN LOT 6 OF SECTION 27, TOWNSHIP 7 SOUTH, RANGE 88
WEST OF THE 6TH P.M., LYING SOUTHERLY OF AND ADJACENT TO THE NORTHERN
BOUNDARY LINE OF SAID LOT 6 AND BEING MORE PARTICURLARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT WHENCE T}{E 81./4 CORNER OF SAID SECTION 27 BEARS
SOUTH 85o26'08" EAST 1957.79 FEET; THENCE WEST 400.00 FEET; THENCE NORTH 336.88
FEET TO A POINT ON THE NORTHERLY BOUNDARY LINE OF SAID LOT 6; THENCE
NORTH 89"16'00'' EAST 4OO.O3 FEET ALONG THE NORTHERLY BOUNDARY LINE OF SAID
LOT 6, THENCE SOUTH 342.00 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION CONVEYED TO ]AMES HURTIGBY DEED
RECORDED JANUARY 2't,1987 rN BOOK 704 AT PAGE 51 AS RECEPTION NO. 378324
DESCRIBED AS FOLLOWS:
A TRACT OF LAND SITUATED IN LOT 6 OF SECTION 27, TOWNSHIP 7 SOUTH, RANGE 88
WEST OF THE 6TH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE TH'E E1/4 CORNER OF SAID SECTION 27 BEARS
SOUTH 83o55'36" EAST 1962.71. FEET; THENCE SOUTH 51.86 FEET; THENCE WEST 67.37
FEET; THENCE NORTH 52"21'53u EAST 84.93 FEET TO THE POINT OF BEGINNING.
PARCEL B:
A TRACT OF LAND SITUATED IN LOT 6 OF SECTION 27, TOWNSHIP 7 SOUTH, RANGE 88
WEST OF THE 6TH PRINCIPAL MERIDIAN GARFIELD COUNTY, COLORADO ANDBEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE TF{E 81./4 CORNER OF SAID SECTION 27 BEARS
SOUTH85o35'14" EAST 2024.95FEET; THENCE SOUTH 52'21'53u WEST 81..74F88T; THENCE
WEST 267.90 FEET; THENCE NORTH 49.91. FEET; THENCE EAST 332.63 FEET TO THE
POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
ı-Ð-
3799 HICHWAY 82.P.O. DRAWER 3350
CLENWOOD SPRINCS, COLORADO 8I602
(970) 94s-s49r . FAX (970) 94s-408 I
May 2,2022
James M Chmura
12750 Hwy. 82
Carbondale, Co 8l 623
RE: Carbondale Chmura lnsert Pole & Transformer
DearJames M. Chruma,
Holy Cross Energy has completed a design and cost estimate for providing electric service to the above
referenced project, hereinafter the "Project". Our facilities will be installed as shown on the attached
sketch. The owner or developer of the subject Project is hereinafter referred to as the "Owner".
The estimated cost of construction is as follows
Total estimated cost of overhead
construction $9,960.00
$(r ,000.00)Standard Construction Allowance
Construction deposit (refundable)
required before beginning work
on the project $8,960.00
Electronicpaymentsarenowbeinqacceptedwitha2.5%ConvenienceFee. Pleasecontactusifyou'dlike
to know more.
The above figures are only estimates. After the job has been completed, the actual cost of construction
will be determined. The Owner's construction deposit will be adjusted to reflect the actual cost by making
a refund or further assessment. Execution of this document constitutes the Owner's agreement to pay any
further assessment in a timely manner. This payment is being made by (and any refunds at final
accounting will be sent to):
Payee lames M Chmura
Phone: (970) 6l 8-2383
Address: 12750 Hwy 82 Carbondal ê
Adjusted construction deposits are available for refunds over a ten year period as specified by Holy Cross
Energy's Line Extension Policy. These refunds will be paid to (unless otherw¡se directed in writing):
Name Iames M Chmura
Address: 12750 Hwy 82
Address: Carbondale, CO 8l 623_
Our power facilities must be installed on an easement. Please execute and return the enclosed document
The following conditions are hereby noted:
A Touchstone Energy-
2
3
4.
A Load Form must be submitted for this project. These forms are available on-line and can be
found by v¡siting www. holvcross.com.
Holy Cross Energy has separate Policies and Procedures for Ceneration lnterconnections. Please
visit www.holvcross.com or send an e-mail to renewables@holvcross.com for more information.
Lot corners or other locations will be provided by the Owner as needed to ensure that our facilities
are installed as shown on the attached sketch.
There is no provision in our estimate for revegetation. Revegetation, if required, must be
provided by parties other than Holy Cross Energy.
5. Secondary voltage available will be 120/240, single-phase.
6.Secondary facilities shall be installed in accordance with National Electrical Code and Holy Cross
Energy specifications. All meter locations must be approved. Any service over 200 amps or 240
volts must have prior written approval from Holy Cross Energy.
It will be the Owner's responsibility to provide acceptable secondary riser materials to be installed
on the pole by HCE personnel. lt will also be the Owner's responsibility to extend underground
secondary conductors to points of power usage. Disconnect requirements and location must be
approved by Holy Cross Energy.
All underground services shall be installed in conduitahead of the meter. All underground
services must be in conduit beneath roads, driveways, and other areas of difficult excavation.
All residential services must have an outside disconnect accessible at all times to Holy Cross
Energy personnel.
'|0. The meter housing must be positioned so the meter faces a driveway or road.
Chmura
May 2,2022
Page Two
ll
12
r3
14
7
8
9
Motor protection from phase loss and other voltage problems should be provided. This
equipment shall be installed and maintained at the expense of the Owner.
It shall be the Owner's responsibility to protect their electric equipment from temporary over
voltage or under voltage situations resulting from causes beyond the control of Holy Cross
Energy.
The above mentioned cost estimate does not include connect fees or meter deposits, if required.
Arrangements for payment of these items and for scheduling the actual meter installation should
be made through the local Holy Cross Energy office.
We attempt to complete all projects in a timely manner. However, highest priority is given to
maintaining service to our existing consumers. This fact, along with inevitable construction
delays, will not allow us to guarantee a project completion date.
15. All Holy Cross Energy rules and regulations will be followed
When Holy Cross Energy is in receipt of the Owner's check in the amount of $8,960.00, all
necessary executed easements, other permits, if required, a completed "Residential Load Form" or
16.
Chmura
May 2,2022
Page Three
Sincerely,
HOLY CROSS ENERGY
Curt Hanson,
Engineering Technician I
chanson@holvcross.com
(970) 947-ss28
CH:MM
Enclosure
are
By:
W / 0#22-24527 :65 - 47 :Carbondale Ch m u ra I nsert Pole & Tran sformer
22-24527 Contract Letter
"General ServicesLoadForm" andthesignedoriginal ofthisletteragreement(below),thejobcan
be scheduled for construction. Holy Cross Energy does not accept checks with lien waivers.
The above terms and conditions
to an pted
¿
Title: Prooertv Owner
Date: 5/2/2022
h
I
h,ltFF sFHo6' 6to** EnergYEÈnrmod S¡eihg: Ë¡laraduI{TTTO sGÄLËr,Àr:l'¿lTtr' L3Ê¡,11ùl'lE /t3FR*hl}"1"'1TEGPW,TVLeffiluËÕT'NRÅCT LË-ÍTER É,GREEME}.¡T $KETTTirame: CARBÐNDALE CHFdURF, HËtrr'rf FÛLE tA{ s#: l.{521
liPuraFlarng
Western
Electric Fireplace lnsert
Model Number: (EF42D, EF43D, Et44D, EF45D, EF302A)
OWNER,S MANUAL
DO NOT RETURN!
Contact our customer service team for help first.
customerservice@ pu rafla me.com
CallZ 844-377-5786
A *o*NrNG
Read and understand this entire owner's manual, including all safety
information, before plugging in or using this product. Failure to do so
could result in fire, electric shock, or serious personal injury.
Â.or'o*Keep this owner's manual for future reference. lf you sell or give this
product away, make sure this manual accompanies this product.
CONTENT
1. lmportant Safety lnformation 1"
4
4
4
5
5
5
6
6
7
7
7
8
9
L0
t2
13
L4
L5
L6
17
2. Technical Specifications
1) Electric Specifications .....
2l Product Specifications
3. Before lnstallation .
1) Check
Spare Parts Checking
2) Kindly Suggestion ..
4. lnstallation lnstruction .
1) Locating the Appliance
2) Locate an Outlet.....
3) Recessed into a wall
4) lnsert into a cabinet or wood mantel
5. Operation lnstruction ..
5a. Manual Control Panel
5b. Remote Control .
Tem perature Limiting Control
6. Care and Maintenance
7. Limited Warranty
8. TroubleshootingGuide
9. Schematic Diagram .......
L. IMPORTANT SAFETY INFORMATION
WARNING
o Read all instructions before using this heater!
o This heater is hot when in use. To avoid burns, DO NOT let bare skin
touch hot surfaces. lf provided, use handles when moving this heater.
Keep combustible materials, such as furniture, pillows, bedding, papers,
clothes, and curtains at least 3 feet (0.9m) from the front of the heater,
and keep them away from the sides and rear.
o Extreme caution is necessary when any heater is used by or near
children or invalids and whenever the heater is left operating and
unattended.
o DO NOT operate any heater with a damaged cord or plug or after the
heater malfunctions, has been dropped or damaged in any manner.
Discard heater, or return to authorized service facility for examination
and/or repair.
o DO NOT run power cord under carpeting.DO NOT cover power cord
with throw rugs, runners, or similar coverings. DO NOT route power
cord under furniture or appliances. Arrange power cord away from
traffic area, and where it will not be tripped over.
o DO NOT insert or allow foreign objects to enter any ventilation or
exhaust opening, as this may cause electric shock or fire, or damage
the heater.
o To prevent a possible fire, DO NOT block air intakes or exhaust in any
manner. Doing so could cause a fire. DO NOT use on soft surfaces, like
a bed, where openings may become blocked.
o A heater has hot and arcing or sparking parts inside. DO NOT use it in
areas where gasoline, paint, or flammable liquids are used or stored.
o Use this heater only as described in this manual. Any other use not
recommended by the manufacturer may cause fire, electric shock, or
injury to persons.
o ALWAYS plug heaters directly into a wall outlet/receptacle. NEVER
Lcustome rservice @ pu rafla me.com call: 844-377 -5786
use w¡th an extension cord or relocatable power tap (outlet/power
strip).
r Connect to properly grounded outlets ONLY.
o DO NOT place the heater near a bed because objects such as pillows or
blankets can fall off the bed and be ignited by the heater.
o NEVER use this heater in bathrooms, laundry rooms, or any other
location where the heater could fall into a bathtub or pool, become
damp, or come in contact with water.
o AVOID FIRE! Regularly inspect all air vents to make sure they are free
from dust, lint, or other blockage. Unplug the unit and clean with a
vacuum ONLY. DO NOT rinse or get wet.
o WARNING: DO NOT DEPEND ON THE POWER SWITCH THE SOLE
MEANS OF DISCONNECTING POWER WHEN SERVICING OR MOVING
THE HEATER. ATWAYS UNPLUG THE POWER CORD.
o WARNING: REDUCE THE RISK OF FIRE OR ELECTRIC SHOCK---DO NOT
USE THIS HEATER WITH ANY SOLID STATE SPEED CONTROL DEVICES.
¡ For residential use only! NOT for commercial use! Any commercial or
public use of this heater voids all warranties, and could cause injury.
o This product is not intended to be a primary heat source. lt is for
supplemental heat only.
o INDOOR use only! NEVER use this heater outdoors! Doing so may
result in electric shock!
o Risk of electric shock! DO NOT OPEN! No user-serviceable parts inside!
o NEVER modify this heater. Doing so could result in personal injury or
property damage. Modification of this fireplace completely voids all
warranties.
o ALWAYS turn this heater off before unplugging it from the outlet.
o ALWAYS disconnect this unit from the power supply before performing
any assembly or cleaning, or before relocating the electric fireplace.
o NEVER leave this heater unattended. ALWAYS unplug this heater when
not in use.
2 customerservice @ p u rafla me. com call: 844-377 -5786
. ALWAYS store this heater in a dry location. NEVER use the fireplace if it
has become wet.
o ONLY use this heater on a t2OV AC 15-Amp circu¡t. NEVER overload
the circuit. lf this heater trips the circuit breaker, unplug all other
appliances on the same circuit before the next use. Avoid plugging
other appliances into the same circuit as this heater.
o NEVER plug this heater into an outlet that is old, cracked, or has any
loose wires or connections. Plugging this heater into a faulty outlet
could result in electric arcing within the outlet that could cause the
outlet to overheat or catch fire.
o ALWAYS check your heater cord and plug connections with each use!
L. MAKE SURE the plug fits tight in the outlet! Faulty wall outlet
connections or loose plugs can cause the outlet to overheat.
2. Heaters draw more current than small appliances. Overheating may
occur even if it has not occurred with the use of other appliances.
3. During use check frequently to see if the plug outlet or faceplate is
HOT!
4. lf the outlet or faceplate is HOI discontinue use immediately and
have a qualified electrician inspect and/or replace the faulty outlets.
This heater has a polarized plug (one blade is wider than the other). As
a safety feature to reduce the risk
of electrical shock, this plug is
intended to fit in a polarized outlet
only one way. lf the plug does not
fit fully in the outlet, reverse the
plug. lf it still does not fit, contact a
qualified electrician. Do not
attempt to defeat this safety
feature.
SAVE THESE I NSTRUCTIONS!
Ground Pin
Metal
Screw
ô
lû
l¡
3custome rservice @ pu raflame.com call:844-377-5786
2. TECHNICAL SPECIFICATIONS
Model Volt Watt
(min/max)Hz BTU(max)Amp Heating
Area(max)
EF42-45D,
EF3O2A
r20 7so/Lsol 60 4600 12.5 400 square
feet
1l Electric Specifications
2l Product Dimensions
B
c
D
Power Gord
Handle
G
H
E F
A
Units: inches
Model A B c D E F G H
EF42D 24.80 22.9L 21.89 1_6.93 21.46 20.04 8.78 7.8
EF43D 27.95 25.96 25.20 20.o2 24.6L 23.L9 8.78 7.8
EI44D 3L.89 29.90 29.02 23.95 24.61 23.19 8.78 7.8
EF45D 35.04 33.0s 32.29 27.10 26.99 25.55 8.78 7.8
EF3O2A 35.04 33.0s 32.29 27.L0 22.44 2t 8.78 7.8
4 customerservice @ pu rafla me.com call:844-377-5786
3. BEFORE INSTALLATION
1) Check:
WARNING! DO NOT use this Electric Fireplace if any part has been under
water. lmmediately call a qualified service technician to inspect and to
replace any part of the electrical system ¡f necessary. Keep plastic
wrapping away from children.
Spare Parts Checkine
o Open the packaging carefully and remove the polystyrene.
o Check all the spare parts are fully received.
o Carefully check if any damages that may have for the spare parts.
NOTE: Contact service team for help if there is any part missing or
domoged. Emoil to customerservice@puroflame,com or coll 844-377-
5786 during EDT 9:00 to 77:00 from Mondoy to Fridoy.
Firebox x1- pc
*ri,F j
*
:
:w
Repacking Bag xL pc
(straps and repack instruction)
5custo me rservice @ pu raf I a me. co m call:844-377-5786
Below parts are packed in one bag
ËFunmrrn
:
EFmI
.wM
Owner's Manual x1 pc Remote Handset xL pc
@
Ç
Ç o
Battery xL pc
2l Kindly suggestions
o Keep the packaging (carton, rapping bag, repacking bag, etc.) for
future transportation and/ ar storage.
o lf there is any problem or question, please contact the service team.
. lf the un¡t needs to be returned, please make sure all the
spare parts are packed inside, and packing as per the
repacking instruction, tie it with the provided straps at last.
Note: This model cannot be hard wÍred.
ALWAYS unplug this fireplace heater before assembly or cleaning
or before relocating. Failure to do so could result in electric shock,
fire, or personal injury.
KEEP drapery and other furnishings at least 3ft /0.9m from the
front and sides of the electric fireplace.
AFTER installation, ensure that there is 20.004 ff ventilation area
between inside and outside of fireplace mantel.
4, INSTALLATION I NSTRUCTIONS
6 customerservice @ pu rafl a me. com call: 844-377 -57 86
1) Locating the Appliance
Your new electric fireplace may be installed virtually anywhere in your
home. However, when choosing a location, ensure that the general
instructions for safety are followed.
o For best results, install out of direct sunlight, water or very damp air.
o Power supply service must be installed within proximity of electric
fireplace prior to finishing avoiding reconstruction.
2l Locate an outlet
o Plug in (you may run the power cord out of the framed wall opening
to an existing outlet or install an outlet on a nearby wall stud within
the wall). The circuit should be 720v 75omp.
o The power cord is 6ft long. lf the cord is not long enough to reach the
outlet, a grounded extension cord minimum AWG No. 14 wiring and
rated to a minimum or 1875 watts may be used, please kindly noted
that it should not be longer tha n 7 .87fT..
o Make sure the outlet is in good condition and that the plug is not
loose. NEVER exceed the maximum amperage for the circu¡t. DO NOT
plug other appliances into the same circuit.
3) Recessed into a wall
It is available to install the unit into a wall. The opening depth 8.1" is
suggested for better ventilation. Build the opening according to the
suggested specification shown below.
7custome rservice @ pu rafla me.com call: 844-377-5786