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Home My WebLink About1.01 General Application Materials_Part2OPRIS ES NGINEERING, LLC. CIVIL CONSULTANTS 28189JOB NO. DATE:08-11-2021 502 MAIN STREETCARBONDALE, CO 81623 (970) 704-0311 FAX: (970)-704-0313 DESIGNED BY DRAWN BY CHECKED BY JPP JPP YTN DATE REVISION C-4.1 DRAWING NO. TITLE G:\2008\28189 FRONING\CIVIL\CIVIL DWGS\PLOT\28189-C41-DETAILS.DWG - Aug 11, 2021 - 8:48amSITE DETAILSFRONING SUBDIVISIONGARFIELD COUNTY, COLORADOFINAL PLANMEMBER UTILITIESFOR THE MARKING OF UNDERGROUNDBEFORE YOU DIG, GRADE, OR EXCAVATECALL 2-BUSINESS DAYS IN ADVANCE Know what's R(12" MIN.)2' TO 3' 1/2H (12" MIN) FABRIC MATERIAL (ANCHORED IN TRENCH)HSILT FENCE INSTALLATION -NTS-4"4"1/2H H(MAXIMU M ) -NTS- FLOW BACKFILL TRENCH JURISDICTION NOTE:POST ANCHORED TO 15' SECTION COMPACTED 4"x4" OR AS DIRECTED BY LOCALLANDSCAPING IS COMPLETED,SHALL BE MAINTAINED UNTIL EROSION CONTROL MEASURES SF SEDIMENT CONTROL LOG INSTALLATION NOTES SEDIMENT CONTROL LOG MAINTENANCE NOTES SECTION A - A USE TWO STAKES 1 1/2 ' x 1 1/2 " x SUFFICIENT LENGTH TO EMBED AT LEAST 12" INTO SOIL AT EACH END OF LOG USE A STAKE EVERY 24" AT ALTERNATE 90 DEGREE ORIENTATION THROUGHOUT THE SEDIMENTATION LOG. SEDIMENTATION LOG - 12" MIN. DIAMETER STAKE AT 90 DEG. TO EACH OTHER FEATURES REQUIRING PROTECTION SCL 1. SEE PLAN VIEW FOR: LOCATION OF SEDIMENT CONTROL LOG. 2. SEDIMENT CONTROL LOGS SHALL BE INSTALLED PRIOR TO ANY LAND DISTURBING ACTIVITIES. 3. SEDIMENT CONTROL LOGS SHALL CONSIST OF STRAW, COMPOST, EXCELSIOR OR COCONUT FIBER. 4. NOT FOR USE IN CONCENTRATED FLOW AREAS. 5. THE SEDIMENT CONTROL LOGS SHALL BE TRENCHED INTO THE GROUND A MINIMUM OF 2-INCHES. 1. THE SWMP MANAGER SHALL INSPECT SEDIMENT CONTROL LOGS DAILY, DURING AND AFTER ANY STORM EVENT & MAKE REPAIRS OR CLEANOUT UPSTREAM SEDIMENT AS NECESSARY. 2. SEDIMENT ACCUMULATED UPSTREAM OF SEDIMENT CONTROL LOGS SHALL BE REMOVED WHEN THE UPSTREAM DEPTH IS WITHIN 12 THE HEIGHT OF THE CREST OF LOG. 3. SEDIMENT CONTROL LOGS SHALL BE REMOVED AT THE END OF CONSTRUCTION, ONCE PROPER VEGETATION HAS BEEN ESTABLISHED. IF ANY DISTURBED AREA EXISTS AFTER REMOVAL IT SHALL BE COVERED WITH TOPSOIL AND REVEGETATED/STABILIZED IN A MANNER APPROVED BY THE LOCAL JURISDICTION. OUTLET TO FLAT AREA WITH NO DEFINED CHANNEL RIPRAP SIZING NOTES: RIPRAP SHALL CONFORM TO THE MATERIAL, GRADATION AND CONSTRUCTION REQUIREMENTS OF SECTION 506, RIPRAP, OF THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO, STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION. TABLE 506-2E IS REDUCED BELOW. TABLE 5-1 - CLASSIFICATION AND GRADATION OF ORDINARY RIPRAP RIPRAP % SMALLER INTERMEDIATE d50*(IN) DESIGNATION THAN GIVEN ROCK DIM (IN) SIZE BY WEIGHT TYPE VL 70-100 12 6 50-70 9 35-50 6 2-10 2 *d50=NOMINAL STONE SIZE =6" 1. SEE PLANS FOR D (INSIDE DIAMETER OF CULVERT WHERE APPLICABLE) & NOMINAL STONE SIZE (d50) 2. PLACE EXCAVATED SOIL AND GRAVEL MATERIAL IN RIPRAP VOIDS. 3. ALL RIPRAP APRONS SHALL CONSIST OF d50=6" ANGULAR ROCK. THE TOP OF THE EMBEDDED RIPRAP APRONS TO BE CONSTRUCTED TO MATCH THE FLOW LINE OF THE SWALE OR THE CULVERT INVERT GRADES. SITE RIPRAP NOTES: PROPOSED 6" GRAVELROAD SECTION. 0.5 0.5 0.7 2.4 4.5 7.3 2.0 2.0 2.8 6.0 7.8 11.3 2.0 2.0 2.0 2.0 3.1 4.4 2.0 2.0 2.2 3.9 6.0 8.7 2.0 2.0 4.0 7.1 11.1 16.0 3" 4" 6" 8" 10" 12" 1.0 1.06' MAX3 TO 1 2'(MIN.)SCALE: N.T.S. FIRE HYDRANT DETAIL C4.1 1 SCALE: N.T.S. THRUST BLOCKS FOR WATER MAIN C4.1 2 SCALE: N.T.S. GATE VALVE DETAIL C4.1 3 SCALE: N.T.S. COMBINED TRENCH DETAIL C4.1 4 SCALE: N.T.S. BOULDER WALL DETAIL C4.1 5 SCALE: N.T.S. SEDIMENT CONTROL LOG C4.1 6SCALE: N.T.S. SILT FENCE DETAIL C4.1 7 SCALE: N.T.S. RIPRAP DETAIL C4.1 8 SCALE: N.T.S. FIRE TANK DETAIL: CARBONDALE RURAL & FIRE PROTECTION DISTRICT C4.1 9 FIRE C IST ERN -TRAD ITIONAL DRA FT DESIGN -Specifications- Tan ks & Cisterns for Fire Protection Water Supplies 6"VENTWITH I _l_ )¢[p~ D -INSIDE PIPE DIAMETER 2-1/2" REFILL F ITTING Piping & C onnections L75xd50 3D m n!)m!JmM!mWij I STAB ILI Z ING ROCKS PO LY MANWAY EXTENSION WITH BOL TEO COVER AND LOCK IN G 3" IN SP E CT ION PORT GEO TEXTILE FABRI C I NOT TO SCALE, FO R ILLU STRATION ONLY I 6'NST DRY HYDRANT ROAD SURFACE Darco !nc. All Rights Reserv ed Revis ion 6/9/10 J . All suc tion ) fill an d vent piping to be minim um ASTM Schedule 40 steel or PVC, 6" diameter. 2. AU PVC piping to have glued _joints . 3. Any exposed PVC pipe to be primed and pain ted to prot ect from ultraviolet light. 4. Suction piping shall be capable. of deliverin g 1000 gallons per minute for three quarters of the taok/c isteru capacity, 5. Maximum lift from bottom of suction piping to fire ap_paratus pump connection shall be a maximum 15 fee t vert ica l di s tance. 6. Maximum distance from suction pi pe coo:occ tioo to fire apparnru s pump connection shall b e 15 feet. (Note: standard fire apparatus carry two 6'' by 10-foot long suction hoses for connectiug fire apparatus to cistern suction connection.) 7. T ank/cistern suction connection sha ll be 18"-24" above finish ed grade. 8. Prov ide a 6" NST (National Standard Thread) male lb.read wilh ca p for suction connection. 9. Vent pipe should be minimum 6" diameter extending a minimum. of36" above futished grade. L T ELM NOTES: 1. SEE PLANS FOR LOCATION OF WALL SECTION A-A' ' Q j(y ffi »-:::; f-bA,.ff-~ ;;°<0 16' GRAVEl ROAD COMPACTED WITH 6" CLASS 6 ABC. »~~»f,wx,,x:f,~-w--;:-, '< ,,· / MIN. 1' OF GRANULAR FREE DRAINING MATERIAL. <>'> ls"bo}~rk~?<-'7'. '--ANGUlAR BOULDERS (TYP. i :( < ,. 2. BOTTOM BOULDER COURSE TO BE KEYED IN MINIMUM 2' INTO ____ NATIVESOILS EJ 0 AREA NOTE: WHERE REDUCER IS USED, ROD BACK TO TEE. L -- EJ PENDS & El r,ONs E:iATE VALVE WORD "WATER" ON COVER PROVIDE 5'-0" STEM IF CALLED FOR IN THE SPECIFICATIONS ADJUSTABLE C.I. VALVE BOX ---lsJ 5" BARREL TYPE #160 BASE TO BE SUPPORTED ON STRUCTURAL BASE MATERIAL EJ SEE THRUST BLOCK DETAIL RECESS TOP OF VALVE BOX 1/8" TO 1/4" BELOW FINISH GRADE COVER SAME AS MAIN GATE VALVE CLASS 250 MAIN LINE GATE VALVES TO HAVE JOINTS SAME AS WATER MAIN OR AS SPEC/FJED FOR MAIN LINE FJTTfNGS. a DE.AD END LINE MINIMUM THRUST PIPE 90" 45" 22 1/2" SIZE BEND BEND BEND EJ FOR FUTURE CONNECTION ROD PLUG TO FITTING. SEE TABLE -I D AREA ALL THRUST BLOCKS SHALL BE POURED AGAINST UNDISTURBED SOIL WHERE THIS IS NOT POSSJBLE, TIE ROD SHALL BE USED. El lfffD Tff FIB B ITT RE UNNfC[lt;N TYPIC-AL 6fC[lt;N THRI J THRI JST Pl QC:K BLOCK BEARING AREAS IN SQUARE FEET TEE GATE PLUG VALVES NOTES SOil BEARING PRESSURE rs ASSUMED TO BE 3000 P.S.F. WHERE SOil BEARING VARIES FROM ABOVE, REQUIRED BlOCK AREA MAY BE MODrFJED ACCORDJNGl Y, IN NO CASE SHAll BEARINGS AREA BE lESS THAN 2.0 FT. SQ. STANDARD TEST PRESSURE IS CONSIDERED AT200 P.S.L CONCRETE STRENGTH TO BE 3,000 P.S.I., 28 DAY TEST. MINJMUM WEIGHT OF THRUST BLOCKS SHAll BE 1,000 LBS. § T C) TOPSOIL ~ a ,i :;; t;: 0 .,; 4"MAX. A a A a . a VARIES ----------J ~--SLOPE TRENCH WALLS FOR SAFETY PER CURRENT OSHA & COSH REQUIREMENTS SELECT MATERJAL COMPACTED TO 95% IF LOCATED IN ROADWAY EASEMENT. COMPACTED TO 90% IF LOCATED IN OTHER EASEMENTS, LOTS OR SPACES, Cl.ASS 6 AGGREGATE BASE COURSE WILL BE REQ'D. IF THE ENGINEER DETERMINES THAT THERE IS NO SUITABLE SElECT MATERIAL ON-SITE. PROPOSED ELECTRIC & TELEPHONE CONDUITS. --''--1---1-._f-_.:::_1-------MAINTAIN MINIMUM REQUIRED SEPARATION. -'-------~-~-+--I NO. 12 COPPER TRACER WIRE 0 EXTENDED TO VALVE BOXES TRAFFIC FlANGE THRUST BLOCK 1/2 CU. YD. GRAVEL DRAIN MATERIAL SET HYDRANT ON 8"x 18nx 24" CONCRETE OR STONE SLAB 4"MfN. V ANDHYDRANTS,ANDATTACHED ---!-----+--AT A POINT ACCESSIBLE FROM ABOVE GROUND. ~ Bc+18" TRENCH SUB-GRADE MUST Bf COMPACTED TO 95% STANDARD PROCTOR. a "' ORIENT PUMPER CONNECTION TOWARDS STREET UNLESS OTHERWISE SPECIFIED. NOTES: 1. ALL JOINTS FROM MAIN TO HYDRANT SHALL BE HARNESSED MECHANICALJOINTS OR FlANGED JOINTS. 2. HYDRANT, VALVE & FITTINGS TO BE 250 PSI RATED. 3. HYDRANT TO BE MUElLER SUPER CENTURIAN 250 UNLESS AL TERNA TE APPROVE BY THE TOWN Of CARBONDALE 4. ALL HYDRANT LEAD PfPJNG TO BE D.I.P. RECESS TOP OFVAlVE BOX 1/8" TO 1/4" BELOW FINISHED GRADE _l ADJUSTABLE VALVE BOX AUXILIARY GATE VALVE (NORMALLY OPEN) 6" FLxMJGATEVALVE MJ X MJ X FlANGED TEE SET VALVE ON 8"x B"x 16" CONCRETE OR STONE SLAB PROVIDE MEGA-LUG RESTRAINTS EJ below. Call before you dig. August 11, 2021 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970)704-0311• Fax (970)704-0313 S OPRI S E NGIN EERING • LLC civi l consultants Mark Chain 811 Garfield Avenue Carbondale, CO 81623 970.309.3655 mchain@sopris.net RE: Froning Subdivision – Final Plan Submittal SE Job # 28189 Mark, Sopris Engineering has prepared the attached final civil plans for the Froning Subdivision. We also reviewed the civil plans and reports previously submitted for the Froning Preliminary Plan. The site access, traffic, utilities and drainage conditions remain unchanged with the final plan. The revised building envelopes do not impact or change the civil plans in any way. No additional engineering should be required. Specifically related to traffic, the average daily trip volume of traffic is unchanged. The project has the same number of lots and same number of units, so the subdivision traffic numbers are accurate in our engineering report. The recently completed improvements of County Road 107 at State Highway 82 related to the Red Hill BLM Trail area have improved the access/safety of the road, and reduced the vehicular/pedestrian conflicts. This will improve the access to this subdivision. Our previously prepared Preliminary Engineering report and the design waiver request for on-lot storm water detention are attached for reference. If you have any questions or need any additional information, please call. Sincerely, SOPRIS ENGINEERING, LLC John Petaisto, PE Project Manager S OPRI S E NGIN EERING • LLC civi l consultants 5 02 Main S tre e t S uite A 3 C arb o nd ale C olo rado 81 623 (97 0 )7 04 -03 11 F ax:(9 70 )70 4 -0 313 Engineering Report for Froning Subdivision Garfield County, Colorado Submitted To: Garfield County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Prepared for: Mark Chain Planner Prepared by: Sopris Engineering, LLC 502 Main Street Suite A3 Carbondale, Colorado 81623 SE Project Number: 28189.01 September 27, 2011 Preliminary Engineering Report – Froning Subdivision- SE Project No. 28189.01 September 27, 2011 Page | 2 S OPRI S E NGIN EERING • LLC civi l consultants 5 02 Main S tre e t S uite A 3 C arb o nd ale , C olo rado 81 623 (97 0 )7 04 -03 11 F ax: (9 70 )70 4 -0 313 Table of Contents I. Introd uction A. Project Overview B. Existing Conditions C. Proposed Conditions II. Access A. Existing Access B. Proposed Access C. Emergency Access D. Road Maintenance & Snow Storage III. Traffic A. Traffic Analysis Methods & Assumptions B. Existing Traffic C. Proposed Traffic D. Proposed Construction Traffic IV. Drainage A. Drainage Analysis Methods & Assumptions B. Existing Drainage C. Developed Drainage D. Proposed Stormwater Detention E. Construction Erosion Control V. Utilities A. Water System B. Sanitary Sewer C. Electric/Telephone D. Cable/Gas VI. Conclusions Appendices Appendix A Traffic Calculations Appendix B Drainage Calculations Exhibits Exhibit 1 Drainage Basin Exhibit (Included in Appendix B) Preliminary Engineering Report – Froning Subdivision- SE Project No. 28189.01 September 27, 2011 Page | 3 S OPRI S E NGIN EERING • LLC civi l consultants 5 02 Main S tre e t S uite A 3 C arb o nd ale , C olo rado 81 623 (97 0 )7 04 -03 11 F ax: (9 70 )70 4 -0 313 I. Introduction A. Project Overview Sopris Engineering, LLC (SE) has prepared the following Engineer’s Report to address the proposed access, drainage, water, sewer, electric and other utilities to service the proposed Froning subdivision. B. Existing Conditions The site is located on the east side of County Road 107, approximately ½ mile up the road north of the intersection of State Highway 82 and 133, in section 27 of T7S, R88W in Garfield County, Colorado. The site existing topography and site roads and other improvements are shown on C2.2-Existing Conditions Map. The site consists of approximately 31.0 acres. An existing gravel road comes off of County Road 107 on the west side of the property and extends to serve one existing single family home. The gravel road also extends to three single family homes on adjacent properties to the southwest. The single family home is served by an existing well, an individual onsite wastewater system (OWS) and by overhead electric and telephone utilities. C. Proposed Conditions The proposed subdivision includes a total of 5 lots; four lots in addition to the existing lot. Proposed site improvements include a realigned and improved 16’ wide gravel access road from County Road 107, a private water and fire protection system, burial and realignment of the existing overhead utilities, and electric, telephone, and water utility service extensions to each lot. See C2.1- Site & Utility Plan. II. Access A. Existing Access Access to the site is from County Road 107. The existing driveway intersection with County Road 107, has a widened shoulder on the west side of the county road to allow larger vehicles to access the site. The access intersection is steep and portions of the existing driveway have slopes in excess of 14%. B. Proposed Access The proposed access road design maintains the intersection with County Road 107 with minor grading improvements. The driveway matches the existing alignment in order to minimize disturbance of the adjacent steep hillsides. After the intersection, the road alignment generally matches the existing road, but has been realigned for approximately 500 feet from station 3+00 to 8+00. The existing driveway alignment will be used as the driveway for lot 4 or will be revegetated. The steep locations of the existing driveway have been re-graded to a maximum slope of 12%. Using a grade of 12% still allows the road to match existing grade sooner and to minimize site disturbance. The access road will be constructed with a 16’ wide all weather road surface, a 4’ wide & 1’ deep roadside ditch, and generally 2’H:1’V side slopes. Several small areas will have 1’H:1’V side slopes where small boulder retaining walls will be used. Refer to C3.1- Grading & Drainage Plan for proposed access road grading improvements. In general the access road meets Garfield County’s roadway standards for a semi primitive road section. But because of the existing steep topography onsite and slopes on the existing road, we are requesting design waivers; for a maximum road grade of 12% from 10%, for a road centerline radius of 38’ from 50’ Preliminary Engineering Report – Froning Subdivision- SE Project No. 28189.01 September 27, 2011 Page | 4 S OPRI S E NGIN EERING • LLC civi l consultants 5 02 Main S tre e t S uite A 3 C arb o nd ale , C olo rado 81 623 (97 0 )7 04 -03 11 F ax: (9 70 )70 4 -0 313 at the intersection with CR 107, and from the required 2’ shoulder from the intersection through the proposed road realignment to station 6+00. Shoulders are proposed from station 6+00 to the end of the road. These design waivers reduce the site disturbance through steep terrain. Without the design waivers, road cuts and fills increase and significant structural retaining walls would be required at the beginning of the access road. Refer to the separate design waiver request letter for more information. C. Emergency Access The Carbondale fire district has performed a preliminary review and expressed approval of the design modifications made to the access road. Individual lot driveways will be designed and constructed during the building permit process, and are intended to act as emergency access turnarounds as necessary. D. Road Maintenance & Snow Storage Snow storage areas are shown on Sheet C2.1 – Site Plan and are intended to show the general storage location only. The proposed 20' road section is within a 40' access easement. The general storage location is adjacent to the road section within the access easement on either side of the road. Actual storage locations within the easement may vary. The setback area provides more than adequate snow storage capacity. Snow plowing and placement of sand or gravel on the onsite access roads will occur after all major snow storm events, and as necessary to minimize ice and snow problems. The Froning Family Subdivision HOA will be responsible for winter road clearing and maintenance. Road grading and maintenance will occur once each year in the spring and as necessary to provide safe access to the site. Road maintenance includes clearing and re-grading the borrow ditches adjacent to the road, and minor grading and placement of gravels to maintain the access road surface. The Froning Family Subdivision HOA will be responsible for road grading and maintenance. III. Traffic A. Traffic Analysis Methods & Assumptions Garfield County requires that a traffic study be prepared to identify proposed impacts related to any proposed development. Sopris Engineering, LLC (SE) has prepared the following Basic Traffic Analysis to quantify the existing traffic, and to understand the proposed impacts related to the Froning Subdivision. The intent of this section is to satisfy the basic traffic requirements in section 4-502 (J) (3) of the Garfield County Land Use Code. Traffic trip generation rates were obtained from the 7th Edition of the Institute of Traffic Engineers (ITE) Trip Generation Manual. These traffic rates were applied to the existing and proposed conditions to evaluate the traffic on County Road 107 generated from onsite. B. Existing Tr affic The existing site has one single family home with access off of County Road 107. This single family home shares an access road with three single family homes offsite on the adjacent properties to the southwest. Preliminary Engineering Report – Froning Subdivision- SE Project No. 28189.01 September 27, 2011 Page | 5 S OPRI S E NGIN EERING • LLC civi l consultants 5 02 Main S tre e t S uite A 3 C arb o nd ale , C olo rado 81 623 (97 0 )7 04 -03 11 F ax: (9 70 )70 4 -0 313 An existing 30’ access easement is in place for the single family home onsite, and a separate easement provides access through the site to the properties to the southwest. Existing easements are shown on Sheet C2.2 Existing Conditions Map. To our knowledge, no county driveway permits are in place, and a state access permit was not required for the existing improvements onsite. Garfield County has traffic counts on CR 107 from 2002, which are an average of 7 counts that were collected from April to October. The traffic on CR 107 was 250 average daily trips (ADT). Based on ITE trip generation land use 210 for Single-Family detached housing, the existing access road traffic is summarized in Table 1 below. TABLE 1 - EXISTING TRAFFIC - SHARED ACCESS ROAD ONSITE USE ITE TABLE ADT/UNIT UNITS ADT SINGLE FAMILY ONSITE 210 9.57 1 9.57 SINGLE FAMILY OFFSITE 210 9.57 3 28.71 TOTAL= 4 39 C. Proposed Traf fic The proposed subdivision includes a total of 5 lots; four lots in addition to the existing lot. The existing shared access road off of CR 107 will be maintained, but existing easements will be amended. The onsite access easement will be amended to a 40’ easement per the Subdivision Final Plat recordation. The access easement for the adjacent properties to the southwest will be amended by separate instrument just prior to the recordation of the subdivision plat. The proposed total trips on the access road are summarized in Table 2 below. The proposed traffic is an increase of 38 ADT+- (77-39) over the existing condition. Proposed traffic from the four additional lots onsite will increase the traffic on CR 107 by approximately 16% (39/250). Total CR 107 traffic would be 289 ADT. No CR 107 road improvements are proposed, and no state access permit is required because the traffic increase is less than 20% where CR 107 enters CDOT right-of-way. TABLE 2 - DEVELOPED TRAFFIC - SHARED ACCESS ROAD ONSITE USE ITE TABLE ADT/UNIT UNITS ADT SINGLE FAMILY ONSITE 210 9.57 5 47.85 SINGLE FAMILY OFFSITE 210 9.57 3 28.71 TOTAL= 8 77 D. Proposed Co nstruction Traffic Proposed construction of site improvements includes access road construction and utility installations and relocations. Traffic generation rates for the construction phase will include mobilization of equipment, delivery of road and utility materials, and transport of workers to and from the site. The anticipated construction traffic trips are summarized in Table 3 below. Table 3– Construction traffic Construction Trips Generator Number Rate (trips/day) Trips Employees 6 4 24 Material delivery 2 12 24 Total = 48 Preliminary Engineering Report – Froning Subdivision- SE Project No. 28189.01 September 27, 2011 Page | 6 S OPRI S E NGIN EERING • LLC civi l consultants 5 02 Main S tre e t S uite A 3 C arb o nd ale , C olo rado 81 623 (97 0 )7 04 -03 11 F ax: (9 70 )70 4 -0 313 It is anticipated that construction activities related to the subdivision access and utility improvements would be completed in approximately 2 months. All construction related traffic would access the site on the existing access road. No construction related delays are expected on CR 107, beyond the minimal delay associated with the occasional turning movements of construction vehicles. Construction staging will occur on disturbed areas on site, or will be within the lot development envelopes onsite. Based on the assumptions above, construction traffic on CR 107 would be 48 ADT, and total CR 107 traffic during construction would be 298 ADT (ex 250 + 48). Final construction trips, schedule, staging areas, and work hours will be detailed as a part of the final plan approval. IV. Drainage A. Drainage Analysis Methods & Assumptions Garfield County requires that any proposed development; detain the pre-development vs. post- development runoff for the 2-yr and 25-yr, 24 hour storm event, and be able to safely convey the 100 year event through the site. The peak runoff rates for the basin were analyzed for the 2 year, 25 year and the 100 year storm using the Soil Conservation Service (SCS) TR-55 method. Time of Concentration calculations were performed using the TR-55 method. Hydraulic routing of sub basins was calculated using hydrodynamic link routing. Precipitation data for the site was taken from the NOAA atlas rainfall maps for Carbondale, Colorado. The area rainfall distribution is the SCS Type II for the 24-hr storm. Drainage basin soil information was obtained from the Natural Resource Conservation Service (NRCS) soil survey. All calculations and analysis were accomplished using StormNet software. With this development, the site impervious area will increase by less than 3%. The resulting minimal increase in flow will be detained to the pre-development rate and flow out in the historic, well established drainage paths offsite, to ultimately flow into the Roaring Fork River. B. Existing Drainage The overall site drainage area equals approximately 58 acres. The drainage basin elevation ranges from 6340’ to 6650’ feet. The area is largely undeveloped but includes several single family homes and gravel access roads. Ground cover consists of native vegetation which includes sage brush meadows and pinon and juniper forests. The topography of the site varies from 2-3% in the meadow areas, to greater than 25% on the forested hillsides. The soil composition onsite consists of type ‘B’ and type ‘D’ soils as defined by the Natural Resources Conservation Service (NRCS) soil survey. Appendix B includes an NRCS Soils Map for the site which describes the soil types. In general, the storm water runoff onsite is split to the east and to the west. The south central portion of the site is a saddle, and ridges extend north and south through the property and continue offsite. Storm water flow comes from the north and from the south, and then splits to the east and west. A total of five offsite and onsite drainage sub basins make up the site drainage basin. Offsite flow comes from OS-01 from the northeast and from OS-04 & OS-05 from the south. Storm water flow from OS-01 enters the site at the northeast property line, and flows south and then east in existing natural drainage channels. Storm water flow from the south just enters the site at the southeast and southwest corners of the site in existing natural drainage channels. All of these existing drainage paths are proposed to remain undisturbed with development. The existing drainage exhibit map that shows the site drainage is included in Appendix B of this report. Existing drainage onsite splits flow to the east and west. Storm water from EX-02 flows east onto undeveloped/native adjacent properties. Storm water from EX-03 flows west into the drainage swale along County Road 107. See Appendix B of this report for existing drainage calculations. Preliminary Engineering Report – Froning Subdivision- SE Project No. 28189.01 September 27, 2011 Page | 7 S OPRI S E NGIN EERING • LLC civi l consultants 5 02 Main S tre e t S uite A 3 C arb o nd ale , C olo rado 81 623 (97 0 )7 04 -03 11 F ax: (9 70 )70 4 -0 313 C. Developed Drainage The developed site was analyzed first to see if any detention was required for the proposed subdivision improvements, before on lot construction. The proposed gravel access road matches the alignment of the existing road through most of the site, but will be realigned for approx. 500 feet. The portion of the existing gravel road will be revegetated. For the site, the gravel surface area is essentially equal for the existing site (29,700 SF) and the proposed site (30,400 SF). No impervious improvements are necessary or will be constructed before on lot construction, so the proposed runoff rate will match the existing condition. No storm water detention will therefore be required before on lot construction. Proposed site improvements include four additional single family homes with associated lot improvements. We have assumed that each lot will include 10,000 S.F. of impervious surface area. With this development, the site impervious area will increase by less than 3%. The resulting minimal increase in flow will be detained and released at the pre development rate in historic drainage paths offsite, to ultimately flow into the Roaring Fork River. The peak flows for the 25 year storm for the site sub basins are summarized in Table 4 below. Table 4 – Drainage Basin Summary SUBBASIN ID AREA (acres) EX / (DE) WEIGHTED CN TIME OF CONCENTRATION (min:sec) EX / (DE) 2 YR PEAK RUNOFF (cfs) EX / (DE) 25 YR PEAK RUNOFF (cfs) 25 YR PRE-POST COMPARISON (cfs) OS-01 12.96 71.00 0 00:18:02 0.03 4.66 0.00 EX-02 (DE-02) 18.29 68.00 (68.81) 0 00:19:31 0.02 (0.02) 4.15 (4.69) 0.54 EX-03 (DE-03) 13.14 67.00 (67.81) 0 00:19:23 0.01 (0.01) 2.55 (2.91) 0.36 OS-04 6.26 71.00 0 00:15:46 0.02 2.43 0.00 OS-05 6.87 67.01 0 00:18:11 0.01 1.38 0.00 All existing drainage flow paths and drainage areas will remain unchanged with development. See Appendix B of this report for drainage calculations. D. Proposed Storm Water Detention Garfield County requires that the rate of runoff from the developed site shall not exceed the existing pre- development rate of runoff for the 2 year and the 25 year 24 hour storm events. The peak runoffs for the existing and developed storms were compared using the SCS hydrograph method to determine the required storage volume. Using the StormNet program, a required volume for the developed drainage sub areas was calculated and was used to size the proposed detention ponds and the outflow structures. A summary of the required detention volumes and the attenuated peak flow leaving the site is included in Table 5 below. Table 5 – Proposed Detention Summary SUBBASIN ID EX. 25 YR PEAK RUNOFF (cfs) REQUIRED DETENTION STORAGE (C.F.) DETENTION 25 YEAR PEAK RUNOFF (cfs) DE-02 4.15 1,075 4.07 DE-03 2.55 600 2.51 TOTAL = 6.70 1,675 6.58 Preliminary Engineering Report – Froning Subdivision- SE Project No. 28189.01 September 27, 2011 Page | 8 S OPRI S E NGIN EERING • LLC civi l consultants 5 02 Main S tre e t S uite A 3 C arb o nd ale , C olo rado 81 623 (97 0 )7 04 -03 11 F ax: (9 70 )70 4 -0 313 Because no detention is required for the subdivision improvements, the required detention volume will be incorporated into the on-lot building construction. Each lot will be required to detain one fifth of the total volume which equals 335 c.f., or must provide detention volume calculations showing developed storm water runoff is less than the pre-development rate. The detention structure should be designed to meet the pre-development storm water runoff rate. Detention methods could include drywells with surface storage, detention ponds with outflow structures, or other approved detention structures. E. Construction Erosion Control Temporary erosion control will be installed and used until revegetation and other permanent erosions control measures are in place. Silt fencing will be installed at the toe of the downstream edge of disturbance for all construction areas onsite. Straw check dams and/or straw waddles will be installed in the roadside ditches, and at the culvert and ditch outflow points until riprap protection has been installed and site revegetation is in place. V. Utilities A. Water s ystem The existing site is served by a well on Lot 1 which will be used as the water source for the subdivision. A private water system is proposed to serve the project, which includes the required fire storage and the domestic water service to each lot. Based on the Carbondale fire district preliminary review, required fire storage will be 10,000 gallons. Domestic water usage and storage requirements are calculated based on the Garfield County Land Use Regulations, and are defined in Table 6 below. For this small private water system, the domestic water storage is included in the total required fire storage of 10,000 gallons. TABLE 6 - WATER USAGE SUMMARY LOTS WATER USAGE (GPD) PEAK DAY FACTOR DOMESTIC STORAGE REQUIRED (GPD) 5 350 3 5250 Fire hydrants have been located based on fire district comments. The upper fire hydrant near the storage tank onsite will act as dry hydrant which utilizes the fire truck pumper to assist with fire flow. The existing well on lot 1 will serve the site, and a 2” water supply line from the well will fill the underground water storage tank. A six inch ductile iron water line will extend from the tank to the water service location for lots 3 & 5 and the second onsite fire hydrant near Lot 5. Because of the anticipated home sizes and the fire hazards related to the site, each individual lot will have a fire sprinkler system for additional fire safety. The water services have been sized to provide water for fire sprinkler use at a conservative flow rate of 75 gpm. Water service to lots 2, 3, & 5 will be from 2” HDPE pure core water services off of the 6” main. From the end of the 6” main line, a 3” HDPE water service line will extend to serve Lot 4. The additional size is necessary because of the long service distance. Lot 1 has existing water service from the lot 1 well and does not have an existing fire sprinkler system. Because of this, connection to the proposed water system will not occur until or if future construction work on lot 1 occurs. A 3” HDPE water service will be stubbed out to Lot 1 for future use. Refer to C2.1- Site & Utility Plan for water system layout. The proposed water service from the underground storage tank will provide gravity service to each lot, but each lot will be required to install a booster pump to provide adequate system pressure for domestic Preliminary Engineering Report – Froning Subdivision- SE Project No. 28189.01 September 27, 2011 Page | 9 S OPRI S E NGIN EERING • LLC civi l consultants 5 02 Main S tre e t S uite A 3 C arb o nd ale , C olo rado 81 623 (97 0 )7 04 -03 11 F ax: (9 70 )70 4 -0 313 and fire sprinkler use. Static pressures for the site when the water storage tank is half full are summarized in Table 7 below. TABLE 7 - WATER SYSTEM SUMMARY Junction Description Elevation (ft) Demand (gpm) Hydraulic Grade (ft) Elevation Head (ft) Static Pressure (psi) T1 10,000 gallon water storage tank-Top=6522, Bottom=6512, Set at mid tank elev. 6517 0 6517 0 0 HYD1 Upper hydrant near Water Storage Tank 6520 0 6517 -3 -1.3 HYD2 Lower hydrant on Lot 5 6466 0 6517 51 22.1 J-L1WS Lot 1 Water Service @ Booster pump Elev. 6490 0 6517 27 11.7 J-L2WS Lot 2 Water Service @ Booster pump Elev. 6484 0 6517 33 14.3 J-L3WS Lot 3 Water Service @ Booster pump Elev. 6457 0 6517 60 26.0 J-L4-WS Lot 4 Water Service @ Booster pump Elev. 6420 0 6517 97 42.0 J-L5WS Lot 5 Water Service @ Booster pump Elev. 6457 0 6517 60 26.0 B. Sanitary Sewer Each lot will be required to have a site specific engineered onsite wastewater system (OWS). Based on the existing conditions of the site, the OWS will be designed specifically for the proposed building location. All required setbacks for OWS systems shall be maintained. The OWS system will be located in compliance with the current county and state OWS regulation with respect to storm water flow and detention. C. Electric/Telephone Existing overhead electric and telephone will be removed and buried in the proposed access road alignment. Utility services to each lot will be extended from the access road at the time of main line installation. Refer to C2.1- Site & Utility Plan for the electric and telephone system layout D. Cable/Gas Cable and Gas service are not available to serve the site. Individual propane tanks will be used on each individual lot. VI. Conclusions The site has adequate access, is served by necessary utilities, and safely handles the onsite and offsite drainage. If you have any questions or need any additional information, please call. Sincerely, SOPRIS ENGINEERING, LLC Yancy Nichol, P.E. John Petaisto, P.E. Principal Design Engineer Preliminary Engineering Report – Froning Subdivision- SE Project No. 28189.01 September 27, 2011 Page | 10 S OPRI S E NGIN EERING • LLC civi l consultants 5 02 Main S tre e t S uite A 3 C arb o nd ale , C olo rado 81 623 (97 0 )7 04 -03 11 F ax: (9 70 )70 4 -0 313 APPENDIX A – TRAFFIC CALCULATIONS VICINITY MAP FRONING SUBDIVISION COUNTY OF GARFIELD, STATE OF COLORADO. SHEET 1 OF 1 CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 28189\D[\28189-D£.dwg 10/01/2009 1492 -........ 4813 ' ....... r 10 1 \ .... ..... ...... 47 104 7b IJSPE).J-, -~ 100 -------------------·· ---------------------------------· J CR158 al Ram's Hom Lake Legend Average Daily Traffic • 1 -72 • 73 -154 • 155 -242 243 -371 372 -545 546 -770 771 -1139 1140 -1852 1853 -2705 • 2706 -4813 o._-■oE.5==~1 ----•2c=====~J-----\w~ 1 im;h equals 1.1 miles G.n,qr.ayhie 1nr..,...,tiaa ••••Scnius tvoad_bndga_proicci'm:Jps\lralfic4824 Revision I: 2-1~2003 N ~ W~~~E s . ' 2002 Average Daily Traffic, County Road System, Garfield County, Colorado A VERA GE DAILY TRAFFIC STA TIST/CS SOURCE: ADT data gathered by Garfield County Road & Bridge Dept in cooperation wilh lhe Planning Dept. Seven day averaged counts collected between April and October, 2002. COUNTY ROADS CENTERUNE SOUR CE: All road centel!ines were collected by Garfield County IT Department's GPS Tech in 2002 using the Sokkia GIR1000 GPS System, achieving sub-meter accuracy using data correcled lo the Sokkia Base Station with antenna localed on the Garfield County Courthouse rooftop. Projection: UTM, Zone 13, Meiers, NAD27. DISCLAIMER: Thi$ map "''"' po<JuU!IJ lly GarfieW County Geographic ilnfom>alian ~rv,ces u1iizw,g lhe 11,dnlo Geographic h,1.-mallon l>yslem (GIS). l tie GIS and Ills compano,,ls al'9 lles,gned ;,5;, 5'1UIC9 of toloninat lor answer•'II q1Jeri.,., moool'lng, and plennlng The GIS Iii no\ ii sub&lthJle for offiaal govemmenl r1!aJ<ds mada,ned uy U>e Plenroln;i D~pa,11,-ol, the CoJnly Cl111k and Recorti.rs onice. ••• 1"•~uor'• Olllce. or lor any legal desuoplion ,nr,,nnahon in Iha ch~in or bile. In addillO<l. "'" IOP,1150fllatiun uf yeov,a1i1lc lu<:allUOS t,y the GIS may ll<ll be subslllaled ror eclirel legaJ, 1""'11)'11, Nw;ry, relat IO lhtt IOUl~lls dlnll ,..,, lhK n10$l cuc,.,,11eg~ documentation ulilaed In the comoosl'Jon of Uus ""'"· T'1<> inlorrMLi<:in wnl~ned heroin •• bol,aved lo be accurate and !Mla,lo lor Ute fimKod u1e• &81 lorlh ~t,rn,e , Carfoeld Counly makes no warranty as lo the accuracy or Sllilablity of ~Y lnlorrnaUon wnla.,,nd hernin for any olher puTJJOsfl. The user snaU assum" ,. risk ;and rasponS1b1t.ly lor Any and aD daffl1t!lfl, ,ncluding con5!lq<len!l;il dam"lles, whi<Jl mtrt propag"1e lrom 1110 ,..a,'s Ar"' icRtion nf thtS inforrn"1lcr, Preliminary Engineering Report – Froning Subdivision- SE Project No. 28189.01 September 27, 2011 Page | 11 S OPRI S E NGIN EERING • LLC civi l consultants 5 02 Main S tre e t S uite A 3 C arb o nd ale , C olo rado 81 623 (97 0 )7 04 -03 11 F ax: (9 70 )70 4 -0 313 APPENDIX B – DRAINAGE CALCULATIONS SUBBASIN ID AREA (acres) EX / (DE) WEIGHTED CN TIME OF CONCENTRATION (min:sec) EX / (DE) 2 YR PEAK RUNOFF (cfs) EX / (DE) 25 YR PEAK RUNOFF (cfs) OS‐01 12.96 71.00 0 00:18:02 0.03 4.66 EX‐02 (DE‐02) 18.29 68.00 (68.81) 0 00:19:31 0.02 (0.02) 4.15 (4.69) EX‐03 (DE‐03) 13.14 67.00 (67.81) 0 00:19:23 0.01 (0.01) 2.55 (2.91) OS‐04 6.26 71.00 0 00:15:46 0.02 2.43 OS‐05 6.87 67.01 0 00:18:11 0.01 1.38 SUBBASIN ID EX. 25 YR PEAK RUNOFF (cfs) REQUIRED DETENTION STORAGE (C.F.) DETENTION 25 YEAR PEAK RUNOFF (cfs) DE‐02 4.15 1075 4.07 DE‐03 2.55 600 2.51 TOTAL = 6.70 1675.00 6.58 SITE SUB BASIN SUMMARY ..... -·-,, GRAPHIC SCALE o 100 200 ~I I I ( IN FEET) 1 inch = 200 ft. --- 0S-01 DRAINAGE LEGEND EXISTING SITE BOUNDARY EX. & DEV. SUB BASIN BOUNDARY EX. & DEV. DRAINAGE FLOWLINE EX. & DEV. DRAINAGE JUNCTION EX. 2 YEAR/ 25 YEAR PEAK FLOW (CFS) - (DET.) 2 YEAR/ 25 YEAR PEAK FLOW (CFS) SITE DETENTION SUMMARY 0S-04 OS-05 28189 \DE\DRG\28189-DRG. dwg 09/07/2010 z 0 ci5 > w a:: 0 z z 0 en > 0 ca ::::> en (!) z z 0 0:::: LL a.. 0 <( 0 ~ ~ I- 0 ca _J :r: ~ _J 0 >< I- u w ~ ~ w ID C9 ~ I-<( en z ~ =:, z 0 ~ <( z u 0 ~ 0 ::J _J w w ...---0::: LL I-a... 0:::: ca <( :r: C9 >< w DATE: 12/15/2010 JOB NO. 28189 EXHIBIT 1 Roaring Fork River Red Hill RdHilltop LnLos Adobes DrRed Hill Rd33 104 34 106 98 34 308800 308800 308900 308900 309000 309000 309100 309100 309200 309200 309300 309300 309400 309400 309500 309500 309600 3096004365100 436510043652004365200436530043653004365400436540043655004365500436560043656004365700436570043658004365800436590043659004366000436600043661004366100436620043662004366300436630043664004366400436650043665000 200 400 600100 Feet05010015025 Meters 39° 25' 38''107° 12' 39''39° 24' 50''107° 12' 37''39° 24' 49'' 39° 25' 38''107° 13' 15''107° 13' 17''Map Scale: 1:4,150 if printed on B size (11" x 17") sheet. Hydrologic Soil Group—Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties(FRONING SOILS) Natural ResourcesNatural ResourcesNatural ResourcesNatural ResourcesConservation ServiceConservation ServiceConservation ServiceConservation Service Web Soil SurveyNational Cooperative Soil Survey 10/16/2009Page 1 of 4 N A USDA ,;,;-- MAP LEGEND MAP INFORMATION Area of Interest (AOI) Area of Interest (AOI) Soils Soil Map Units Soil Ratings A A/D B B/D C C/D D Not rated or not available Political Features Cities Water Features Oceans Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Map Scale: 1:4,150 if printed on B size (11" × 17") sheet. The soil surveys that comprise your AOI were mapped at 1:24,000. Please rely on the bar scale on each map sheet for accurate map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: http://websoilsurvey.nrcs.usda.gov Coordinate System: UTM Zone 13N NAD83 This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties Survey Area Data: Version 5, Jun 9, 2008 Date(s) aerial images were photographed: 8/6/2005 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Hydrologic Soil Group–Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties (FRONING SOILS) Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 10/16/2009 Page 2 of 4 □ D D D D D D D D • ,,,,..._, -H+ .,,....., Hydrologic Soil Group Hydrologic Soil Group— Summary by Map Unit — Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties Map unit symbol Map unit name Rating Acres in AOI Percent of AOI 33 Earsman-Rock outcrop complex, 12 to 65 percent slopes D 156.5 85.4% 34 Empedrado loam, 2 to 6 percent slopes B 7.4 4.0% 98 Southace cobbly sandy loam, 12 to 25 percent slopes B 1.1 0.6% 104 Torriorthents-Camborthids-Rock outcrop complex, 6 to 65 percent D 14.5 7.9% 106 Tridell-Brownsto stony sandy loams, 12 to 50 percent slopes, extremely stony B 3.7 2.0% Totals for Area of Interest 183.2 100.0% Hydrologic Soil Group–Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties FRONING SOILS Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 10/16/2009 Page 3 of 4 Description Hydrologic soil groups are based on estimates of runoff potential. Soils are assigned to one of four groups according to the rate of water infiltration when the soils are not protected by vegetation, are thoroughly wet, and receive precipitation from long-duration storms. The soils in the United States are assigned to four groups (A, B, C, and D) and three dual classes (A/D, B/D, and C/D). The groups are defined as follows: Group A. Soils having a high infiltration rate (low runoff potential) when thoroughly wet. These consist mainly of deep, well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission. Group B. Soils having a moderate infiltration rate when thoroughly wet. These consist chiefly of moderately deep or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. Group C. Soils having a slow infiltration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils of moderately fine texture or fine texture. These soils have a slow rate of water transmission. Group D. Soils having a very slow infiltration rate (high runoff potential) when thoroughly wet. These consist chiefly of clays that have a high shrink-swell potential, soils that have a high water table, soils that have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material. These soils have a very slow rate of water transmission. If a soil is assigned to a dual hydrologic group (A/D, B/D, or C/D), the first letter is for drained areas and the second is for undrained areas. Only the soils that in their natural condition are in group D are assigned to dual classes. Rating Options Aggregation Method: Dominant Condition Component Percent Cutoff: None Specified Tie-break Rule: Lower Hydrologic Soil Group–Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties FRONING SOILS Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 10/16/2009 Page 4 of 4 28189-EX-DRG 25yr24hr.txt BOSS International StormNET® - Version 4.20.0 (Build 675) -------------------------------------------------------------- Froning Subdivision EXISTING Drainage Calcs **************** Analysis Options **************** Flow Units ................ cfs Subbasin Hydrograph Method. SCS TR-55 Time of Concentration...... SCS TR-55 Link Routing Method ....... Kinematic Wave Pond Exfiltration.......... None Starting Date ............. OCT-06-2009 00:00:00 Ending Date ............... OCT-07-2009 12:00:00 Report Time Step .......... 00:05:00 ************* Element Count ************* Number of rain gages ...... 3 Number of subbasins ....... 5 Number of nodes ........... 5 Number of links ........... 1 **************** Raingage Summary **************** Gage Data Data Interval ID Source Type hours ------------------------------------------------------------ CDALE 100-24 CDALE 100YR-24HR CUMULATIVE 0.10 CDALE 2-24 CDALE 2YR-24HR CUMULATIVE 0.10 CDALE 25-24 CDALE 25YR-24HR CUMULATIVE 0.10 **************** Subbasin Summary **************** Subbasin Total Area ID acres ------------------------------ EX-02 18.29 EX-03 13.14 OS-01 12.96 OS-04 6.26 OS-05 6.87 ************ Node Summary ************ Node Element Invert Maximum Ponded External ID Type Elevation Elev. Area Inflow ft ft ft² ------------------------------------------------------------------------------ Jun-1 JUNCTION 6490.00 6500.00 0.00 Jun-3 JUNCTION 6348.00 6358.00 0.00 Jun-4 JUNCTION 6377.00 6387.00 0.00 Jun-5 JUNCTION 6395.00 6405.00 0.00 Jun-2 OUTFALL 6356.00 6358.00 0.00 ************ Link Summary ************ Link From Node To Node Element Length Slope Manning's ID Type ft % Roughness -------------------------------------------------------------------------------------------- Con-1 Jun-1 Jun-2 CHANNEL 726.1 18.7762 0.0400 ********************* Cross Section Summary ********************* Page 1 28189-EX-DRG 25yr24hr.txt Link Shape Depth/ Width No. of Cross Full Flow Design ID Diameter Barrels Sectional Hydraulic Flow Area Radius Capacity ft ft ft² ft cfs ---------------------------------------------------------------------------------------------------------- Con-1 TRAPEZOIDAL 2.00 21.00 1 26.00 1.21 475.18 ************************** Volume Depth Runoff Quantity Continuity acre-ft inches ************************** --------- ------- Total Precipitation ...... 11.191 2.335 Surface Runoff ........... 0.157 0.033 Continuity Error (%) ..... -0.000 ************************** Volume Volume Flow Routing Continuity acre-ft Mgallons ************************** --------- --------- External Inflow .......... 0.000 0.000 External Outflow ......... 1.567 0.511 Initial Stored Volume .... 0.000 0.000 Final Stored Volume ...... 0.000 0.000 Continuity Error (%) ..... -0.000 ****************************************** Composite Curve Number Computations Report ****************************************** -------------- Subbasin EX-02 -------------- Area Soil Soil/Surface Description (acres) Group CN ---------------------------------------------------------------------------------------- Pinyon & Juniper range, Good 15.55 D 71.00 Sagebrush range, Fair 2.74 B 51.00 Composite Area & Weighted CN 18.29 68.00 -------------- Subbasin EX-03 -------------- Area Soil Soil/Surface Description (acres) Group CN ---------------------------------------------------------------------------------------- Pinyon & Juniper range, Good 10.51 D 71.00 Sagebrush range, Fair 2.63 B 51.00 Composite Area & Weighted CN 13.14 67.00 -------------- Subbasin OS-01 -------------- Area Soil Soil/Surface Description (acres) Group CN ---------------------------------------------------------------------------------------- Pinyon & Juniper range, Good 12.96 D 71.00 Composite Area & Weighted CN 12.96 71.00 -------------- Subbasin OS-04 -------------- Area Soil Soil/Surface Description (acres) Group CN ---------------------------------------------------------------------------------------- Pinyon & Juniper range, Good 6.26 D 71.00 Composite Area & Weighted CN 6.26 71.00 -------------- Subbasin OS-05 -------------- Area Soil Soil/Surface Description (acres) Group CN ---------------------------------------------------------------------------------------- Pinyon & Juniper range, Good 5.50 D 71.00 Sagebrush range, Fair 1.37 B 51.00 Composite Area & Weighted CN 6.87 67.01 Page 2 28189-EX-DRG 25yr24hr.txt *************************************************** SCS TR-55 Time of Concentration Computations Report *************************************************** Sheet Flow Equation ------------------- Tc = (0.007 * ((n * Lf)^0.8)) / ((P^0.5) * (Sf^0.4)) Where: Tc = Time of Concentration (hrs) n = Manning's Roughness Lf = Flow Length (ft) P = 2 yr, 24 hr Rainfall (inches) Sf = Slope (ft/ft) Shallow Concentrated Flow Equation ---------------------------------- V = 16.1345 * (Sf^0.5) (unpaved surface) V = 20.3282 * (Sf^0.5) (paved surface) V = 15.0 * (Sf^0.5) (grassed waterway surface) V = 10.0 * (Sf^0.5) (nearly bare & untilled surface) V = 9.0 * (Sf^0.5) (cultivated straight rows surface) V = 7.0 * (Sf^0.5) (short grass pasture surface) V = 5.0 * (Sf^0.5) (woodland surface) V = 2.5 * (Sf^0.5) (forest w/heavy litter surface) Tc = (Lf / V) / (3600 sec/hr) Where: Tc = Time of Concentration (hrs) Lf = Flow Length (ft) V = Velocity (ft/sec) Sf = Slope (ft/ft) Channel Flow Equation --------------------- V = (1.49 * (R^(2/3)) * (Sf^0.5)) / n R = Aq / Wp Tc = (Lf / V) / (3600 sec/hr) Where: Tc = Time of Concentration (hrs) Lf = Flow Length (ft) R = Hydraulic Radius (ft) Aq = Flow Area (ft²) Wp = Wetted Perimeter (ft) V = Velocity (ft/sec) Sf = Slope (ft/ft) n = Manning's Roughness -------------- Subbasin EX-02 -------------- Sheet Flow Computations ----------------------- Subarea A Subarea B Subarea C Manning's Roughness: 0.40 0.00 0.00 Flow Length (ft): 100.00 0.00 0.00 Slope (%): 14.00 0.00 0.00 2 yr, 24 hr Rainfall (in): 1.20 1.20 1.20 Velocity (ft/sec): 0.10 0.00 0.00 Computed Flow Time (minutes): 16.10 0.00 0.00 Shallow Concentrated Flow Computations -------------------------------------- Subarea A Subarea B Subarea C Flow Length (ft): 200.00 0.00 0.00 Slope (%): 14.00 0.00 0.00 Surface Type: Unpaved Unpaved Unpaved Velocity (ft/sec): 6.04 0.00 0.00 Computed Flow Time (minutes): 0.55 0.00 0.00 Channel Flow Computations Page 3 28189-EX-DRG 25yr24hr.txt ------------------------- Subarea A Subarea B Subarea C Manning's Roughness: 0.04 0.00 0.00 Flow Length (ft): 950.00 0.00 0.00 Channel Slope (%): 14.00 0.00 0.00 Cross Section Area (ft²): 5.00 0.00 0.00 Wetted Perimeter (ft): 20.00 0.00 0.00 Velocity (ft/sec): 5.53 0.00 0.00 Computed Flow Time (minutes): 2.86 0.00 0.00 ================================================================================================ Total TOC (minutes): 19.52 ================================================================================================ -------------- Subbasin EX-03 -------------- Sheet Flow Computations ----------------------- Subarea A Subarea B Subarea C Manning's Roughness: 0.40 0.00 0.00 Flow Length (ft): 100.00 0.00 0.00 Slope (%): 15.00 0.00 0.00 2 yr, 24 hr Rainfall (in): 1.20 1.20 1.20 Velocity (ft/sec): 0.11 0.00 0.00 Computed Flow Time (minutes): 15.66 0.00 0.00 Shallow Concentrated Flow Computations -------------------------------------- Subarea A Subarea B Subarea C Flow Length (ft): 300.00 0.00 0.00 Slope (%): 20.00 0.00 0.00 Surface Type: Unpaved Unpaved Unpaved Velocity (ft/sec): 7.22 0.00 0.00 Computed Flow Time (minutes): 0.69 0.00 0.00 Channel Flow Computations ------------------------- Subarea A Subarea B Subarea C Manning's Roughness: 0.04 0.00 0.00 Flow Length (ft): 1040.00 0.00 0.00 Channel Slope (%): 15.00 0.00 0.00 Cross Section Area (ft²): 5.00 0.00 0.00 Wetted Perimeter (ft): 20.00 0.00 0.00 Velocity (ft/sec): 5.73 0.00 0.00 Computed Flow Time (minutes): 3.03 0.00 0.00 ================================================================================================ Total TOC (minutes): 19.38 ================================================================================================ -------------- Subbasin OS-01 -------------- Sheet Flow Computations ----------------------- Subarea A Subarea B Subarea C Manning's Roughness: 0.40 0.00 0.00 Flow Length (ft): 100.00 0.00 0.00 Slope (%): 15.00 0.00 0.00 2 yr, 24 hr Rainfall (in): 1.20 1.20 1.20 Velocity (ft/sec): 0.11 0.00 0.00 Computed Flow Time (minutes): 15.66 0.00 0.00 Shallow Concentrated Flow Computations -------------------------------------- Subarea A Subarea B Subarea C Flow Length (ft): 200.00 0.00 0.00 Slope (%): 20.00 0.00 0.00 Surface Type: Unpaved Unpaved Unpaved Velocity (ft/sec): 7.22 0.00 0.00 Computed Flow Time (minutes): 0.46 0.00 0.00 Channel Flow Computations ------------------------- Subarea A Subarea B Subarea C Manning's Roughness: 0.04 0.00 0.00 Page 4 28189-EX-DRG 25yr24hr.txt Flow Length (ft): 700.00 0.00 0.00 Channel Slope (%): 17.00 0.00 0.00 Cross Section Area (ft²): 5.00 0.00 0.00 Wetted Perimeter (ft): 20.00 0.00 0.00 Velocity (ft/sec): 6.09 0.00 0.00 Computed Flow Time (minutes): 1.91 0.00 0.00 ================================================================================================ Total TOC (minutes): 18.04 ================================================================================================ -------------- Subbasin OS-04 -------------- Sheet Flow Computations ----------------------- Subarea A Subarea B Subarea C Manning's Roughness: 0.40 0.00 0.00 Flow Length (ft): 100.00 0.00 0.00 Slope (%): 20.00 0.00 0.00 2 yr, 24 hr Rainfall (in): 1.20 1.20 1.20 Velocity (ft/sec): 0.12 0.00 0.00 Computed Flow Time (minutes): 13.96 0.00 0.00 Shallow Concentrated Flow Computations -------------------------------------- Subarea A Subarea B Subarea C Flow Length (ft): 200.00 0.00 0.00 Slope (%): 20.00 0.00 0.00 Surface Type: Unpaved Unpaved Unpaved Velocity (ft/sec): 7.22 0.00 0.00 Computed Flow Time (minutes): 0.46 0.00 0.00 Channel Flow Computations ------------------------- Subarea A Subarea B Subarea C Manning's Roughness: 0.04 0.00 0.00 Flow Length (ft): 600.00 0.00 0.00 Channel Slope (%): 25.00 0.00 0.00 Cross Section Area (ft²): 5.00 0.00 0.00 Wetted Perimeter (ft): 20.00 0.00 0.00 Velocity (ft/sec): 7.39 0.00 0.00 Computed Flow Time (minutes): 1.35 0.00 0.00 ================================================================================================ Total TOC (minutes): 15.77 ================================================================================================ -------------- Subbasin OS-05 -------------- Sheet Flow Computations ----------------------- Subarea A Subarea B Subarea C Manning's Roughness: 0.40 0.00 0.00 Flow Length (ft): 100.00 0.00 0.00 Slope (%): 15.00 0.00 0.00 2 yr, 24 hr Rainfall (in): 1.20 1.20 1.20 Velocity (ft/sec): 0.11 0.00 0.00 Computed Flow Time (minutes): 15.66 0.00 0.00 Shallow Concentrated Flow Computations -------------------------------------- Subarea A Subarea B Subarea C Flow Length (ft): 200.00 0.00 0.00 Slope (%): 13.00 0.00 0.00 Surface Type: Unpaved Unpaved Unpaved Velocity (ft/sec): 5.82 0.00 0.00 Computed Flow Time (minutes): 0.57 0.00 0.00 Channel Flow Computations ------------------------- Subarea A Subarea B Subarea C Manning's Roughness: 0.04 0.00 0.00 Flow Length (ft): 600.00 0.00 0.00 Channel Slope (%): 12.00 0.00 0.00 Cross Section Area (ft²): 5.00 0.00 0.00 Page 5 28189-EX-DRG 25yr24hr.txt Wetted Perimeter (ft): 20.00 0.00 0.00 Velocity (ft/sec): 5.12 0.00 0.00 Computed Flow Time (minutes): 1.95 0.00 0.00 ================================================================================================ Total TOC (minutes): 18.19 ================================================================================================ *********************** Subbasin Runoff Summary *********************** -------------------------------------------------------------------------- Subbasin Total Total Peak Weighted Time of ID Precip Runoff Runoff Curve Concentration in in cfs Number days hh:mm:ss -------------------------------------------------------------------------- EX-02 2.304 0.306 4.150 68.000 0 00:19:31 EX-03 2.304 0.279 2.550 67.000 0 00:19:22 OS-01 2.304 0.397 4.660 71.000 0 00:18:02 OS-04 2.304 0.397 2.430 71.000 0 00:15:46 OS-05 2.304 0.279 1.380 67.010 0 00:18:11 -------------------------------------------------------------------------- System 2.304 0.327 14.17 ****************** Node Depth Summary ****************** ----------------------------------------------------------------------------------------- Node Average Maximum Maximum Time of Max Total Total Retention ID Depth Depth HGL Occurrence Flooded Time Time Attained Attained Attained Volume Flooded ft ft ft days hh:mm acre-in minutes hh:mm:ss ----------------------------------------------------------------------------------------- Jun-1 0.01 0.17 6490.17 0 12:10 0 0 0:00:00 Jun-3 0.00 0.00 6348.00 0 00:00 0 0 0:00:00 Jun-4 0.00 0.00 6377.00 0 00:00 0 0 0:00:00 Jun-5 0.00 0.00 6395.00 0 00:00 0 0 0:00:00 Jun-2 0.01 0.17 6356.17 0 12:12 0 0 0:00:00 ***************** Node Flow Summary ***************** ------------------------------------------------------------------------------------ Node Element Maximum Peak Time of Maximum Time of Peak ID Type Lateral Inflow Peak Inflow Flooding Flooding Inflow Occurrence Overflow Occurrence cfs cfs days hh:mm cfs days hh:mm ------------------------------------------------------------------------------------ Jun-1 JUNCTION 4.54 4.54 0 12:10 0.00 Jun-3 JUNCTION 2.50 2.50 0 12:15 0.00 Jun-4 JUNCTION 2.43 2.43 0 12:10 0.00 Jun-5 JUNCTION 1.33 1.33 0 12:15 0.00 Jun-2 OUTFALL 4.08 8.42 0 12:15 0.00 *********************** Outfall Loading Summary *********************** ----------------------------------------------- Outfall Node ID Flow Average Peak Frequency Flow Inflow (%) cfs cfs ----------------------------------------------- Jun-2 37.88 0.79 8.42 ----------------------------------------------- System 37.88 0.79 8.42 ***************** Link Flow Summary ***************** Page 6 28189-EX-DRG 25yr24hr.txt ------------------------------------------------------------------------------------------------------------ -------- Link ID Element Time of Maximum Length Peak Flow Design Ratio of Ratio of Total Type Peak Flow Velocity Factor during Flow Maximum Maximum Time Occurrence Attained Analysis Capacity /Design Flow Surcharged days hh:mm ft/sec cfs cfs Flow Depth Minutes ------------------------------------------------------------------------------------------------------------ -------- Con-1 CHANNEL 0 12:12 4.63 1.00 4.43 475.18 0.01 0.09 0 ******************************** Highest Flow Instability Indexes ******************************** All links are stable. Analysis begun on: Tue Sep 07 11:29:36 2010 Analysis ended on: Tue Sep 07 11:29:37 2010 Total elapsed time: 00:00:01 Page 7 28189-DE-DET 25yr24hr.txt BOSS International StormNET® - Version 4.20.0 (Build 675) -------------------------------------------------------------- Froning Subdivision DEVELOPED DETENTION Drainage Calcs- 25 YR 24 HR STORM **************** Analysis Options **************** Flow Units ................ cfs Subbasin Hydrograph Method. SCS TR-55 Time of Concentration...... SCS TR-55 Link Routing Method ....... Kinematic Wave Pond Exfiltration.......... None Starting Date ............. OCT-06-2009 00:00:00 Ending Date ............... OCT-07-2009 12:00:00 Report Time Step .......... 00:05:00 ************* Element Count ************* Number of rain gages ...... 3 Number of subbasins ....... 5 Number of nodes ........... 7 Number of links ........... 5 **************** Raingage Summary **************** Gage Data Data Interval ID Source Type hours ------------------------------------------------------------ CDALE 100-24 CDALE 100YR-24HR CUMULATIVE 0.10 CDALE 2-24 CDALE 2YR-24HR CUMULATIVE 0.10 CDALE 25-24 CDALE 25YR-24HR CUMULATIVE 0.10 **************** Subbasin Summary **************** Subbasin Total Area ID acres ------------------------------ DE-02 18.29 DE-03 13.14 OS-01 12.96 OS-04 6.26 OS-05 6.87 ************ Node Summary ************ Node Element Invert Maximum Ponded External ID Type Elevation Elev. Area Inflow ft ft ft² ------------------------------------------------------------------------------ Jun-1 JUNCTION 6490.00 6500.00 0.00 Jun-3-det JUNCTION 6347.00 6357.00 0.00 Jun-4 JUNCTION 6377.00 6387.00 0.00 Jun-5 JUNCTION 6395.00 6405.00 0.00 Jun-2-det OUTFALL 6356.00 6358.80 0.00 DET-EAST STORAGE 6356.50 6358.50 0.00 DET-WEST STORAGE 6348.00 6350.00 0.00 ************ Link Summary ************ Link From Node To Node Element Length Slope Manning's ID Type ft % Roughness -------------------------------------------------------------------------------------------- Con-1 Jun-1 Jun-2-det CHANNEL 726.1 18.7762 0.0400 Con-2 DET-EAST Jun-2-det ORIFICE Con-3 DET-WEST Jun-3-det ORIFICE Page 1 28189-DE-DET 25yr24hr.txt Weir-1 DET-EAST Jun-2-det WEIR Weir-2 DET-WEST Jun-3-det WEIR ********************* Cross Section Summary ********************* Link Shape Depth/ Width No. of Cross Full Flow Design ID Diameter Barrels Sectional Hydraulic Flow Area Radius Capacity ft ft ft² ft cfs ---------------------------------------------------------------------------------------------------------- Con-1 TRAPEZOIDAL 2.00 21.00 1 26.00 1.21 475.18 ************************** Volume Depth Runoff Quantity Continuity acre-ft inches ************************** --------- ------- Total Precipitation ...... 11.191 2.335 Surface Runoff ........... 0.163 0.034 Continuity Error (%) ..... -0.000 ************************** Volume Volume Flow Routing Continuity acre-ft Mgallons ************************** --------- --------- External Inflow .......... 0.000 0.000 External Outflow ......... 1.627 0.530 Initial Stored Volume .... 0.000 0.000 Final Stored Volume ...... 0.000 0.000 Continuity Error (%) ..... -0.000 ****************************************** Composite Curve Number Computations Report ****************************************** -------------- Subbasin DE-02 -------------- Area Soil Soil/Surface Description (acres) Group CN ---------------------------------------------------------------------------------------- Pinyon & Juniper range, Good 15.00 D 71.00 Sagebrush range, Fair 2.74 B 51.00 Paved parking & roofs 0.55 B 98.00 Composite Area & Weighted CN 18.29 68.81 -------------- Subbasin DE-03 -------------- Area Soil Soil/Surface Description (acres) Group CN ---------------------------------------------------------------------------------------- Pinyon & Juniper range, Good 10.12 D 71.00 Sagebrush range, Fair 2.63 B 51.00 Paved parking & roofs 0.39 B 98.00 Composite Area & Weighted CN 13.14 67.81 -------------- Subbasin OS-01 -------------- Area Soil Soil/Surface Description (acres) Group CN ---------------------------------------------------------------------------------------- Pinyon & Juniper range, Good 12.96 D 71.00 Composite Area & Weighted CN 12.96 71.00 -------------- Subbasin OS-04 -------------- Area Soil Soil/Surface Description (acres) Group CN ---------------------------------------------------------------------------------------- Pinyon & Juniper range, Good 6.26 D 71.00 Composite Area & Weighted CN 6.26 71.00 -------------- Subbasin OS-05 Page 2 28189-DE-DET 25yr24hr.txt -------------- Area Soil Soil/Surface Description (acres) Group CN ---------------------------------------------------------------------------------------- Pinyon & Juniper range, Good 5.50 D 71.00 Sagebrush range, Fair 1.37 B 51.00 Composite Area & Weighted CN 6.87 67.01 *************************************************** SCS TR-55 Time of Concentration Computations Report *************************************************** Sheet Flow Equation ------------------- Tc = (0.007 * ((n * Lf)^0.8)) / ((P^0.5) * (Sf^0.4)) Where: Tc = Time of Concentration (hrs) n = Manning's Roughness Lf = Flow Length (ft) P = 2 yr, 24 hr Rainfall (inches) Sf = Slope (ft/ft) Shallow Concentrated Flow Equation ---------------------------------- V = 16.1345 * (Sf^0.5) (unpaved surface) V = 20.3282 * (Sf^0.5) (paved surface) V = 15.0 * (Sf^0.5) (grassed waterway surface) V = 10.0 * (Sf^0.5) (nearly bare & untilled surface) V = 9.0 * (Sf^0.5) (cultivated straight rows surface) V = 7.0 * (Sf^0.5) (short grass pasture surface) V = 5.0 * (Sf^0.5) (woodland surface) V = 2.5 * (Sf^0.5) (forest w/heavy litter surface) Tc = (Lf / V) / (3600 sec/hr) Where: Tc = Time of Concentration (hrs) Lf = Flow Length (ft) V = Velocity (ft/sec) Sf = Slope (ft/ft) Channel Flow Equation --------------------- V = (1.49 * (R^(2/3)) * (Sf^0.5)) / n R = Aq / Wp Tc = (Lf / V) / (3600 sec/hr) Where: Tc = Time of Concentration (hrs) Lf = Flow Length (ft) R = Hydraulic Radius (ft) Aq = Flow Area (ft²) Wp = Wetted Perimeter (ft) V = Velocity (ft/sec) Sf = Slope (ft/ft) n = Manning's Roughness -------------- Subbasin DE-02 -------------- Sheet Flow Computations ----------------------- Subarea A Subarea B Subarea C Manning's Roughness: 0.40 0.00 0.00 Flow Length (ft): 100.00 0.00 0.00 Slope (%): 14.00 0.00 0.00 2 yr, 24 hr Rainfall (in): 1.20 1.20 1.20 Velocity (ft/sec): 0.10 0.00 0.00 Computed Flow Time (minutes): 16.10 0.00 0.00 Shallow Concentrated Flow Computations Page 3 28189-DE-DET 25yr24hr.txt -------------------------------------- Subarea A Subarea B Subarea C Flow Length (ft): 200.00 0.00 0.00 Slope (%): 14.00 0.00 0.00 Surface Type: Unpaved Unpaved Unpaved Velocity (ft/sec): 6.04 0.00 0.00 Computed Flow Time (minutes): 0.55 0.00 0.00 Channel Flow Computations ------------------------- Subarea A Subarea B Subarea C Manning's Roughness: 0.04 0.00 0.00 Flow Length (ft): 950.00 0.00 0.00 Channel Slope (%): 14.00 0.00 0.00 Cross Section Area (ft²): 5.00 0.00 0.00 Wetted Perimeter (ft): 20.00 0.00 0.00 Velocity (ft/sec): 5.53 0.00 0.00 Computed Flow Time (minutes): 2.86 0.00 0.00 ================================================================================================ Total TOC (minutes): 19.52 ================================================================================================ -------------- Subbasin DE-03 -------------- Sheet Flow Computations ----------------------- Subarea A Subarea B Subarea C Manning's Roughness: 0.40 0.00 0.00 Flow Length (ft): 100.00 0.00 0.00 Slope (%): 15.00 0.00 0.00 2 yr, 24 hr Rainfall (in): 1.20 1.20 1.20 Velocity (ft/sec): 0.11 0.00 0.00 Computed Flow Time (minutes): 15.66 0.00 0.00 Shallow Concentrated Flow Computations -------------------------------------- Subarea A Subarea B Subarea C Flow Length (ft): 300.00 0.00 0.00 Slope (%): 20.00 0.00 0.00 Surface Type: Unpaved Unpaved Unpaved Velocity (ft/sec): 7.22 0.00 0.00 Computed Flow Time (minutes): 0.69 0.00 0.00 Channel Flow Computations ------------------------- Subarea A Subarea B Subarea C Manning's Roughness: 0.04 0.00 0.00 Flow Length (ft): 1040.00 0.00 0.00 Channel Slope (%): 15.00 0.00 0.00 Cross Section Area (ft²): 5.00 0.00 0.00 Wetted Perimeter (ft): 20.00 0.00 0.00 Velocity (ft/sec): 5.73 0.00 0.00 Computed Flow Time (minutes): 3.03 0.00 0.00 ================================================================================================ Total TOC (minutes): 19.38 ================================================================================================ -------------- Subbasin OS-01 -------------- Sheet Flow Computations ----------------------- Subarea A Subarea B Subarea C Manning's Roughness: 0.40 0.00 0.00 Flow Length (ft): 100.00 0.00 0.00 Slope (%): 15.00 0.00 0.00 2 yr, 24 hr Rainfall (in): 1.20 1.20 1.20 Velocity (ft/sec): 0.11 0.00 0.00 Computed Flow Time (minutes): 15.66 0.00 0.00 Shallow Concentrated Flow Computations -------------------------------------- Subarea A Subarea B Subarea C Flow Length (ft): 200.00 0.00 0.00 Page 4 28189-DE-DET 25yr24hr.txt Slope (%): 20.00 0.00 0.00 Surface Type: Unpaved Unpaved Unpaved Velocity (ft/sec): 7.22 0.00 0.00 Computed Flow Time (minutes): 0.46 0.00 0.00 Channel Flow Computations ------------------------- Subarea A Subarea B Subarea C Manning's Roughness: 0.04 0.00 0.00 Flow Length (ft): 700.00 0.00 0.00 Channel Slope (%): 17.00 0.00 0.00 Cross Section Area (ft²): 5.00 0.00 0.00 Wetted Perimeter (ft): 20.00 0.00 0.00 Velocity (ft/sec): 6.09 0.00 0.00 Computed Flow Time (minutes): 1.91 0.00 0.00 ================================================================================================ Total TOC (minutes): 18.04 ================================================================================================ -------------- Subbasin OS-04 -------------- Sheet Flow Computations ----------------------- Subarea A Subarea B Subarea C Manning's Roughness: 0.40 0.00 0.00 Flow Length (ft): 100.00 0.00 0.00 Slope (%): 20.00 0.00 0.00 2 yr, 24 hr Rainfall (in): 1.20 1.20 1.20 Velocity (ft/sec): 0.12 0.00 0.00 Computed Flow Time (minutes): 13.96 0.00 0.00 Shallow Concentrated Flow Computations -------------------------------------- Subarea A Subarea B Subarea C Flow Length (ft): 200.00 0.00 0.00 Slope (%): 20.00 0.00 0.00 Surface Type: Unpaved Unpaved Unpaved Velocity (ft/sec): 7.22 0.00 0.00 Computed Flow Time (minutes): 0.46 0.00 0.00 Channel Flow Computations ------------------------- Subarea A Subarea B Subarea C Manning's Roughness: 0.04 0.00 0.00 Flow Length (ft): 600.00 0.00 0.00 Channel Slope (%): 25.00 0.00 0.00 Cross Section Area (ft²): 5.00 0.00 0.00 Wetted Perimeter (ft): 20.00 0.00 0.00 Velocity (ft/sec): 7.39 0.00 0.00 Computed Flow Time (minutes): 1.35 0.00 0.00 ================================================================================================ Total TOC (minutes): 15.77 ================================================================================================ -------------- Subbasin OS-05 -------------- Sheet Flow Computations ----------------------- Subarea A Subarea B Subarea C Manning's Roughness: 0.40 0.00 0.00 Flow Length (ft): 100.00 0.00 0.00 Slope (%): 15.00 0.00 0.00 2 yr, 24 hr Rainfall (in): 1.20 1.20 1.20 Velocity (ft/sec): 0.11 0.00 0.00 Computed Flow Time (minutes): 15.66 0.00 0.00 Shallow Concentrated Flow Computations -------------------------------------- Subarea A Subarea B Subarea C Flow Length (ft): 200.00 0.00 0.00 Slope (%): 13.00 0.00 0.00 Surface Type: Unpaved Unpaved Unpaved Velocity (ft/sec): 5.82 0.00 0.00 Page 5 28189-DE-DET 25yr24hr.txt Computed Flow Time (minutes): 0.57 0.00 0.00 Channel Flow Computations ------------------------- Subarea A Subarea B Subarea C Manning's Roughness: 0.04 0.00 0.00 Flow Length (ft): 600.00 0.00 0.00 Channel Slope (%): 12.00 0.00 0.00 Cross Section Area (ft²): 5.00 0.00 0.00 Wetted Perimeter (ft): 20.00 0.00 0.00 Velocity (ft/sec): 5.12 0.00 0.00 Computed Flow Time (minutes): 1.95 0.00 0.00 ================================================================================================ Total TOC (minutes): 18.19 ================================================================================================ *********************** Subbasin Runoff Summary *********************** -------------------------------------------------------------------------- Subbasin Total Total Peak Weighted Time of ID Precip Runoff Runoff Curve Concentration in in cfs Number days hh:mm:ss -------------------------------------------------------------------------- DE-02 2.304 0.329 4.690 68.810 0 00:19:31 DE-03 2.304 0.301 2.910 67.810 0 00:19:22 OS-01 2.304 0.397 4.660 71.000 0 00:18:02 OS-04 2.304 0.397 2.430 71.000 0 00:15:46 OS-05 2.304 0.279 1.380 67.010 0 00:18:11 -------------------------------------------------------------------------- System 2.304 0.339 15.12 ****************** Node Depth Summary ****************** ----------------------------------------------------------------------------------------- Node Average Maximum Maximum Time of Max Total Total Retention ID Depth Depth HGL Occurrence Flooded Time Time Attained Attained Attained Volume Flooded ft ft ft days hh:mm acre-in minutes hh:mm:ss ----------------------------------------------------------------------------------------- Jun-1 0.01 0.17 6490.17 0 12:10 0 0 0:00:00 Jun-3-det 0.00 0.00 6347.00 0 00:00 0 0 0:00:00 Jun-4 0.00 0.00 6377.00 0 00:00 0 0 0:00:00 Jun-5 0.00 0.00 6395.00 0 00:00 0 0 0:00:00 Jun-2-det 0.01 0.17 6356.17 0 12:12 0 0 0:00:00 DET-EAST 0.10 1.34 6357.84 0 12:17 0 0 0:00:00 DET-WEST 0.09 1.29 6349.29 0 12:18 0 0 0:00:00 ***************** Node Flow Summary ***************** ------------------------------------------------------------------------------------ Node Element Maximum Peak Time of Maximum Time of Peak ID Type Lateral Inflow Peak Inflow Flooding Flooding Inflow Occurrence Overflow Occurrence cfs cfs days hh:mm cfs days hh:mm ------------------------------------------------------------------------------------ Jun-1 JUNCTION 4.54 4.54 0 12:10 0.00 Jun-3-det JUNCTION 0.00 2.51 0 12:18 0.00 Jun-4 JUNCTION 2.43 2.43 0 12:10 0.00 Jun-5 JUNCTION 1.33 1.33 0 12:15 0.00 Jun-2-det OUTFALL 0.00 8.32 0 12:15 0.00 DET-EAST STORAGE 4.58 4.58 0 12:15 0.00 DET-WEST STORAGE 2.84 2.84 0 12:15 0.00 ********************** Detention Pond Summary ********************** ------------------------------------------------------------------------------------------------------------ Page 6 28189-DE-DET 25yr24hr.txt --------------------- Detention Pond ID Maximum Maximum Time of Max Average Average Maximum Maximum Time of Max. Total Ponded Ponded Ponded Ponded Ponded Pond Exfiltration Exfiltration Exfiltrated Volume Volume Volume Volume Volume Outflow Rate Rate Volume 1000 ft³ (%) days hh:mm 1000 ft³ (%) cfs cfm hh:mm:ss 1000 ft³ ------------------------------------------------------------------------------------------------------------ --------------------- DET-EAST 1.084 61 0 12:17 0.071 4 4.07 0.00 0:00:00 0.000 DET-WEST 0.603 57 0 12:18 0.037 4 2.51 0.00 0:00:00 0.000 *********************** Outfall Loading Summary *********************** ----------------------------------------------- Outfall Node ID Flow Average Peak Frequency Flow Inflow (%) cfs cfs ----------------------------------------------- Jun-2-det 39.13 0.80 8.32 ----------------------------------------------- System 39.13 0.80 8.32 ***************** Link Flow Summary ***************** ------------------------------------------------------------------------------------------------------------ -------- Link ID Element Time of Maximum Length Peak Flow Design Ratio of Ratio of Total Type Peak Flow Velocity Factor during Flow Maximum Maximum Time Occurrence Attained Analysis Capacity /Design Flow Surcharged days hh:mm ft/sec cfs cfs Flow Depth Minutes ------------------------------------------------------------------------------------------------------------ -------- Con-1 CHANNEL 0 12:12 4.63 1.00 4.43 475.18 0.01 0.09 0 Con-2 ORIFICE 0 12:18 4.07 0.00 Con-3 ORIFICE 0 12:18 2.51 0.00 Weir-1 WEIR 0 00:00 0.00 0.00 Weir-2 WEIR 0 00:00 0.00 0.00 ******************************** Highest Flow Instability Indexes ******************************** All links are stable. Analysis begun on: Wed Dec 15 10:23:43 2010 Analysis ended on: Wed Dec 15 10:23:44 2010 Total elapsed time: 00:00:01 Page 7 Kathy Eastley, Senior Planner Garfield County Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 September 2 7, 2011 I RE: Storm water detention design waiver request from the Garfield County 2009 Unified Land Use Resolution (code) for the Froning Family Subdivision Dear Kathy, Sopris Engineering, LLC (SE) is hereby requesting a design waiver from the code for required construction of storm water detention structures for the lots in the Froning Family Subdivision (Site) Stormwater Detention design waiver: Per the Preliminary Engineering report for the site dated March 30, 2011, the proposed storm water runoff increases by a small amount over the existing condition. The increased runoff amount is summarized in Table 4 of the Engineering report, which is shown below. Table 4 -Drainage Basin Summary AREA EX/ (DE) TIME OF EX/ (DE) 2 SUBBASIN ID (acres) WEIGHTED CONCENTRATION YR PEAK CN (min:sec) RUNOFF (cfs) EX / (DE) 25 25 YR PRE-POST YR PEAK COMPARISON RUNOFF (cfs) (cfs) 05-01 12.96 71.00 0 00:18:02 0.03 4.66 0.00 EX-02 (DE-02) 18.29 68.00 (68.81) 0 00:19:31 0.02 (0.02) EX-03 (DE-03) 13.14 67.00 (67.81) 0 00:19:23 0.01 (0.01) 05-04 6.26 71.00 0 00:15:46 0.02 2.43 0.00 05-05 6.87 67.01 0 00:18:11 0.01 1.38 0.00 The increased runoff does not occur because of the road and utility improvements onsite, but instead is a result of the anticipated improvements on the individual lots. It is not known when or exactly where lot improvements will be constructed. Because the runoff does not increase until the lot improvements occur, we are requesting a design waiver to defer the detention structure construction until the lot is built upon. Another point of concern is that location of ISDS systems and related leach fields are not known. There is a concern that building a detention structure in appropriate areas within the subdivision may interfere where a potential ISDS system may be for a specific lot. The required detention volume has been divided equally between the lots. The construction requirement has been noted on the civil plans, on the subdivision plat, and in the HOA covenants. The note is also included below for review. • ALL LOTS MUST SUBMIT GRADING AND DRAINAGE PLANS PER SECTION 10.10 OF THE SUBDIVISION CC&R'S PRIOR TO CONSTRUCTION TAKING PLACE ON ANY LOT. AS A PART OF THE LOT GRADING AND DRAINAGE PLANS, EACH LOT SHALL PROVIDE: A MINIMUM OF 335 CUBIC FEET OF STORMW ATER DETENTION VOLUME IN ORDER TO PROVIDE THE REQUIRED PRE-POST DETENTION VOLUME SPECIFIED IN THE FRONING FAMILY PUD SUBDIVISION ENGINEERING REPORT, OR SHALL PROVIDE STORM I 502 Main Street• Suite A3 • Carbondale, CO 81623 • (970) 704-0311• Fax (970) 704-0313 SOPRIS ENGINEERING • llC civil consultants Detention Design Waiver Request SE#. 28189.01 September 27, 2011 Page2 WATER DETENTION VOLUME CALCULATIONS SHOWING DEVELOPED LOT STORM WATER RUNOFF IS LESS THAN OR EQUAL TO THE PRE-DEVELOPMENT RATE. In larger subdivisions throughout Garfield County, regional detention ponds are required. Regional detention ponds were considered for this site as well, but because of the rural location of the project, the steep terrain, and the storm runoff split to the east and west (separate basins which is unusual for a small project) we deemed regional ponds not feasible for this project. Also regional ponds would increase the disturbance area on the east side of the project because it would need to be located near the outflow point (lowest elevation) of the project. If you have any questions or need any additional information, please call. Sincerely, SOPRIS ENGINEERING, LLC an Nichol, PE Principal I 502 Main Street• Suite A3 • Carbondale, CO 81623 • (970) 704-0311• Fax (970) 704-0313 SOPRIS ENGINEERING • llC civil consultants DEVELOPMENT AGREEMENT THIS FRONING FAMILY SUBDIVISION ("Froning Family Subdivision"), DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this _____day of _______, 2021, by and between"), FRONING FAMILY SUBDIVISION LLC. ("Owner" or "Developer") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO (referred to in this Agreement as the "Board" or "County"). WITNESSETH: WHEREAS, shortly after the execution of this Agreement the developer will exercise an option to purchase property from the Froning Family and will then be the Owner of a parcel of real property located within Garfield County, Colorado, known as the Froning Family Subdivision, which property is described on Exhibit A hereto (the "Property"); and WHEREAS, Developer has acted as the "Applicant" with the consent of the previous owner through the subdivision process; and WHEREAS, on August 20, 2012 the Board approved a Preliminary Plan for Froning Family Subdivision (Resolution No. 2012-76) which, among other things, would create five (5) single-family residential lots; and WHEREAS, on October 19, 2020 the Board approved a Minor Amendment to the Preliminary Plan (Resolution No. 2020-51) which modified 4 building envelopes; and WHEREAS, Developer has submitted to the County for its approval a final subdivision plat ("Final Plat") of the subdivision, and WHEREAS, as a condition of approval of the Final Plat submitted to the County for its approval as required by the laws of the State of Colorado, Developer wishes to enter into this Development Agreement with the County; and WHEREAS, Developer has agreed to certain restrictions and conditions regarding the issuance of building permits, certificates of occupancy and sale of properties, all as more fully set forth below in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. DEFINITIONS. a. Final Plat means the document consisting of 3 sheets to be recorded with the Garfield County Clerk and Recorder entitled Final Plat, Froning Family Subdivision. b. Plat Documents mean the Construction Documents for prepared by Sopris Engineering, Inc, under project number 28189, consisting of 7 pages, dated August 10, 2021, together with the Final Plat. 2. FINAL PLAT APPROVAL. The County hereby accepts and approves the Final Plat for Froning Family Subdivision, subject to the terms and conditions of this Agreement, the Preliminary Plan Approval (Resolution No. 2012-76), and the requirements of the Garfield County Zoning and Subdivision Regulations. 3. DEVELOPER'S PERFORMANCE. Developer shall cause to be constructed and installed, at its own expense, those Development ("improvements" or "Development") related to the Final Plat for Froning Family Subdivision which are required to be constructed under the Preliminary Plan Approval, this Agreement, the Final Plat, and all Garfield County Zoning and Subdivision Regulations. Developer shall comply with the following: a. All Plat documents submitted prior to or at the time of Final Plat approval, as well as all terms and conditions set forth on the Final Plat, all of which are incorporated herein by this reference; b. All requirements of the Preliminary Plat Approval and all Garfield County Zoning and Subdivision Regulations applicable to this project; c. All laws, regulations, orders and resolutions of the State of Colorado, and the County of Garfield; d. All designs, specifications, drawings, maps, sketches, and other materials submitted by Developer and its engineers in furtherance of the application for the approval of Froning Family Subdivision, as heretofore approved by the County, including all improvements shown on the Plat Documents. e. Payment of all fees required by the County and/or such other government authority or special district with jurisdiction, as may be required for installation of the improvements. f. All such improvements shall be completed no later than one (1) year after the date of recording of this Agreement in the Office of the Garfield County Clerk and Recorder, which period may be extended by the Board for good cause shown. g. Any applicant for any building permit within the Subdivision shall provide a site grading plan demonstrating how flows from the existing basins will be mitigated. This is added as a plat note on the Final Plat and within the Covenants. h. Designs for any retaining walls required for the Subdivision are included in this Agreement and easements shall be created that are dedicated to the homeowner’s association and retaining walls shall be maintained by the association. The County agrees that if all required improvements are installed in accordance with this Agreement; the requirements of the Preliminary Plan approval; the Plat Documents, the as-built drawings to be submitted upon completion of the improvements and the requirements of the Garfield County Zoning and Subdivision resolutions and regulations; and all other requirements of this Agreement, then the Owner shall be deemed to have satisfied all terms and conditions of the Zoning and Subdivision Regulations of Garfield County, Colorado with respect to the installation of improvements relating to the Development. 4. COMPLETION OF IMPROVEMENTS c. The estimated cost of completing the Froning Family Subdivision Development, as set forth and certified by a licensed engineer on Exhibit B attached hereto, is $409,700.50 (such estimate includes typical construction costs, construction inspection, engineering fees and a 10%_ contingency fund). Substitution of Letter of Credit. Since the County may, at its sole option, permit the Developer to substitute an acceptable alternative for collateral or a Letter of Credit and since there is no infrastructure being dedicated to the County and the Developer is making improvements to land that it owns, the Parties agree that no security will be required in connection with this Development Agreement or Project. Upon completion of all improvements, Developer shall submit to the Board of County Commissioners of Garfield County as-built drawings bearing the stamp of Developer's professional engineer certifying that all improvements have been constructed in accordance with the requirements of this Agreement, including all Final Plat plans. The County may inspect and review the improvements. 5. UTILILTIES AND WATER SUPPLY. Prior to issuance of any certificates of occupancy by the County for any homes to be located upon Froning Family Subdivision, Developer shall install all specified utilities and a water distribution system for potable water and fire protection in accordance with plans and specifications approved by the County. All easements and rights of way necessary for installation, operation, service and maintenance of such water supply and distribution system shall be established as shown on the Final Plat. There is a water augmentation plan for the subdivision. This was approved by Case No. 06 CW 195 in the state of Colorado District Court Water Division 5. Information and requirements are included in the Covenants. 6. ROADS. All roads within Froning Family Subdivision shall be dedicated to the Froning Family Subdivision Homeowners Association, Inc. for the use and benefit of the public. The homeowner’s association shall be solely responsible for the maintenance, repair and upkeep of said roads. The County shall not be obligated to maintain any roads within the subdivision. 7. INDEMNITY. To the extent allowed by law, the Developer agrees to indemnify and hold the County harmless and defend the County from all claims which may arise as a result of the Developer's installation of the improvements required pursuant to this Agreement. However, the Developer does not indemnify the County for claims made asserting that the standards imposed by the County are improper or the cause of the injury asserted. The County shall be required to notify the Developer of receipt of a notice of claim, or a notice of intent to sue, and shall afford the Developer the option of defending any such claim or action. Failure to notify and provide such written option to the Developer shall extinguish the County's rights under this paragraph. Nothing herein shall be interpreted to require the Developer to indemnify the County from claims which may arise from the negligent acts or omissions of the County or its employees. 8. SCHOOL IMPACT FEES. The Developer shall meet the requirements of the RE- 1 School District in a manner acceptable to the district. Owner has supplied the County with an appraisal per LUDC Article 7 – 404. The appraisal showed that each newly created approximately 5.0-acre lot has a value of $350,000. This yields an approximate cost per acre of $70,000. These initial calculations indicate that using the steps in Article 7 – 404 results in a fee of $1400 per new lot/unit. 9. COMPLIANCE WITH FIRE DISTRICT REQUIREMENTS. The Carbondale and Rural Fire Protection District ("District") has approved inclusion of this Subdivision in the District. The Developer shall comply with all provisions of the district’s approval, including, without limitation, that the Developer shall pay an impact fee of $730.00 per new lot created to the District at the time of Final Plat approval. 10. SALE OF LOTS. Except for the entirety of the Property, no lots, tracts, or parcels within Froning Family Subdivision may be separately conveyed prior to recording of the Final Plat for Froning Family Subdivision in the records of the Garfield County Clerk & Recorder. 11. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one remedy for breach of this Agreement, the County may withhold issuance of building permits for any residence or other habitable structure requiring a permit to be constructed upon Lots 1 through 5, and/or any other structures requiring building permits within Froning Family Subdivision. Further, the parties agree that no certificates of occupancy shall issue for any buildings or structures, including residences, within Froning Family Subdivision until all on-site improvements have been completed and are operational as required by this Agreement. Developer shall provide the purchaser of a lot, prior to conveyance of the lot, a signed copy of a form in substantially the same form as that attached to and incorporated herein by reference as Exhibit C concerning the restrictions upon issuance of building permits and certificates of occupancy detailed in this Agreement, Final Plat Approval and Preliminary Plan Approval. 12. ENFORCEMENT. In addition to any rights which may be provided by Colorado statute, the withholding of building permits and certificates of occupancy provided for in paragraph 11 above, and the provisions for release of security, detailed in paragraph 4 above, it is mutually agreed by the County and the Developer that the County, without making an election of remedies, or any purchaser of any lot within the Subdivision shall have the authority to bring an action in the Garfield County District Court to compel enforcement of this Agreement. Nothing in this Agreement, however, shall be interpreted to require the County to bring an action for enforcement or to withhold permits or certificates or to withdraw and use security. Nor shall this paragraph or any other provision of this Agreement be interpreted to permit the purchaser of a lot to file an action against the County. 13. CONSENT TO VACATE PLAT. In the event the Developer fails to comply with the terms of this Agreement, the County shall have the ability to vacate the Final Plat for Froning Family Subdivision as it pertains to any lots for which building permits have not been issued. As to lots for which building permits have been issued, the plat shall not be vacated and shall remain valid. In such event, the Developer shall provide the County a survey, legal description and a plat showing the location of any portion of the Final Plat so vacated and shall record the plat in the Office of the Garfield County Clerk and Recorder. If such plat is not recorded by the Developer, the County may vacate the plat, or portions thereof, by Resolution. It is specifically agreed that this paragraph 13 applies to the Subdivision as a multi-phased project and therefore, in the event the County vacates the Final Plat as to the Subdivision, subject of this agreement, the County may also withhold approval of a final plat for a future phase if on-site or off-site Improvements covered by this Agreement are not completely installed and operable. 14. NOTICE OF RECORDATION. This Agreement shall be recorded in the Office of the Garfield County Clerk and Recorder and shall be a covenant running with title to all lots, tracts, and parcels within Froning Family Subdivision. Such recording shall constitute notice to prospective purchasers or other interested parties as to the terms and provisions thereof. 15. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall be binding upon and inure to the benefit of the successors and assigns of the Developer and the County. 16. NOTICES. All notices required or permitted by this Agreement shall be in writing and shall be deemed effective when received by the recipient party via personal delivery, facsimile transmission, United States certified mail, postage prepaid, return receipt requested, by messenger or by overnight delivery service, in all cases addressed to the person for who it is intended at their address and facsimile numbers(s) set forth below or to such other address as a party shall have designated by notice in writing to the other party in the manner provided by this paragraph: If to Developer: Froning Family Subdivision, LLC PO Box 545 Carbondale, CO 81623 If to the County: Board of County Commissioners of Garfield County Planning Director 108 Eighth Street, Room 201 Glenwood Springs, CO 81601 17. AMENDMENT. This agreement may be amended or modified from time to time, but only in writing signed by the parties hereto. 18. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of, or related to, this Agreement shall lie with the District Court for Garfield County, Colorado, and this Agreement shall be construed according to the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have signed this Agreement to be effective upon the date first set forth above. OWNER/DEVELOPER: By: _________________________________ Manager Froning Family Subdivision, LLC. BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF GARFIELD, STATE OF COLORADO By: Print Name: Chairman ATTEST: ____________________________ Clerk & Recorder Garfield County, Colorado Notary Blocks Follow STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) Subscribed and sworn to before me by, this ______________ day of ____________ , 2021 by ________________ of Froning Family Subdivision LLC WITNESS my hand and official seal. My commission expires: __________________________________ Notary Public STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Subscribed and sworn to before me by _______________________________, Chairman of the Board of County Commissioners for Garfield County, this __________________________ day of ______________, 2021. WITNESS my hand and official seal. My commission expires: __________________________________ Notary Public - EXHIBIT A Legal Description PARCEL 1 PARCEL 1 OF THE LAPPALA ROAD 107 SUBDIVISION EXEMPTION PLAT RECORDED JULY 12, 1984 AS RECEPTION NO. 353934 OF THE GARFIELD COUNTY RECORDS, ALSO DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED IN LOT 4 OF SECTION 27, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, LYING EASTERLY OF THE EASTERLY RIGHT-OF- WAY LINE OF A 30 FOOT WIDE ACCESS AND UTILITY EASEMENT AND WESTERLY OF THE EAST LINE OF THE SW1/4NW1/4 OF SAID SECTION 27, SAID PARCEL OF LAND BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS CAP IN PLACE AND PROPERLY MARKED AS THE SOUTHEAST CORNER OF SAID SW1/4NW1/4; THENCE N 00°26'57" E 1024.43 FEET; THENCE N 67°16'18" W 557.62 FEET; THENCE S 73°16'34" W 114.05 TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF A 30 FOOT WIDE PRIVATE ACCESS AND UTILITY EASEMENT; THENCE ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID PRIVATE ACCESS AND UTILITY EASEMENT THE FOLLOWING COURSES: S 23°53' 41" W 31.37 FEET; THENCE 42.54 FEET ALONG THE ARC OF A 240.58 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 28°57'41" W 42.48 FEET; THENCE S 34°01' 34" W 76.90 FEET; THENCE 116.55 FEET ALONG THE ARC OF A 102.75 RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH BEARS S 01°31'55" W 110.40 FEET; THENCE S 30°57' 44" E 113.63 FEET; THENCE 119.50 FEET ALONG THE ARC OF A 114.23 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 0°59'35" E 114.13 FEET; THENCE S 28°58' 35" W 90.46 FEET; THENCE 172.04 FEET ALONG THE ARC OF A 287.39 FOOT RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH BEARS S 11°49'41" W 169.48 FEET; THENCE S 05°19' 14" E 13.87 FEET; THENCE 105.54 FEET ALONG THE ARC OF A 271.32 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 05°43' 03" W 103.89 FEET; THENCE S 16°45' 19" W 50.86 FEET; THENCE 70.92 FEET ALONG THE ARC OF A 151.91 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 30°07' 44" W 70.28 FEET; THENCE LEAVING THE EASTERLY RIGHT-OF-WAY LINE OF SAID PRIVATE ACCESS AND UTILITY EASEMENT ON A COURSE BEARING SOUTH 257.19 FEET; THENCE S 88°01' 21" E 772.36 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD, STATE OF COLORADO And PARCEL 2 A PARCEL OF LAND SITUATED IN LOT 4 OF SECTION 27, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, LYING EASTERLY OF THE EASTERLY RIGHT- OF-WAY LINE OF COUNTY ROAD NO. 107 AND WESTERLY OF THE EASTERLY RIGHT-OF-WAY LINE OF A 30 FOOT WIDE ACCESS AND UTILITY EASEMENT, SAID PARCEL OF LAND BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS CAP IN PLACE AND PROPERLY MARKED AS THE W/4 CORNER OF SAID SECTION 27; THENCE N 00°01'24'' E 367.15 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 107; THENCE ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD THE FOLLOWING COURSES: 63.35 FEET ALONG THE ARC OF A 135.88 FOOT RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH BEARS N 46°30'09'' E, 62.78 FEET; THENCE N 33°08'46'' E 217.96 FEET; THENCE 107.84 FEET ALONG THE ARC OF A 510.06 FOOT RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH BEARS N 27°05'22'' E 107.64 FEET; THENCE N 21°01'56" E 87.25; THENCE 66.46 FEET ALONG THE ARC OF A 157.93 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS N 33°05'16'' E 65.97 FEET; THENCE N 4500835FL E 40.25 FEET; THENCE 138.42 FEET ALONG ARC OF A 210.85 FOOT RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH BEARS N 26°20'08'' EAST 135.95 FEET; THENCE N 07°31'41'' E 127.76 FEET; THENCE 148.98 FEET ALONG THE ARC OF A 347.77 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS N 19°48'01" E 147.84 FEET; THENCE N 32°04'20'' E 73.53 FEET; THENCE LEAVING THE EASTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD NO. 107 ON A COURSE BEARING EAST 151.45; TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF A 30 FOOT WIDE PRIVATE ACCESS EASEMENT; THENCE ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID PRIVATE ACCESS EASEMENT THE FOLLOWING COURSES: S11°40'03" E 64.13 FEET; THENCE 18.80 FEET ALONG THE ARC OF A 237.55 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 09°24'00'' E, 18.80 FEET; THENCE S 07°07'57" E 71.96 FEET; THENCE N 17°16'34'' E 38.36 FEET TO A POINT ON THE EASTERLY RIGHT- OF-WAY LINE OF A 30 FOOT WIDE PRIVATE ACCESS AND UTILITY EASEMENT; THENCE ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID PRIVATE ACCESS AND UTILITY EASEMENT THE FOLLOWING COURSES: S 23°53'41'' W 31.37 FEET; THENCE 42.54 FEET ALONG THE ARC OF A 240.58 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 28°57'41'' W 42.48 FEET; THENCE S 34°01'34'' W 76.90 FEET; THENCE 116.55 FEET ALONG THE ARC OF A 102.75 FOOT RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH BEARS S 01°31'55" W 110.40 FEET; THENCE S 30°57'44" E 113.63 FEET; THENCE 119.50 FEET ALONG THE ARC OF A 114.23' RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 00°59'35'' E 114.13 FEET; THENCE S 28°58'35'' W 90.46 FEET; THENCE 172.04 FEET ALONG THE ARC OF A 287.39 FOOT RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH BEARS S 11°49'41'' W 169.48 FEET; THENCE S 05°19'14'' 13.87 FEET; THENCE 104.54 FEET ALONG THE ARC OF A 271.32 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 05°43'03'' W 103.89 FEET; THENCE S 16°45'19'' W 50.86 FEET; THENCE 70.92 FEET ALONG THE ARC OF A 151.91 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 30°07'44'' W 70.28 FEET; THENCE LEAVING THE EASTERLY RIGHT-OF-WAY LINE OF SAID PRIVATE ACCESS AND UTILITY EASEMENT ON A COURSE BEARING SOUTH 257.19 FEET; THENCE N 88°01'21'' W 533.0 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD, STATE OF COLORADO ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS FRONING SUBDIVISION -PUBLIC IMPROVEMENTS SE JOB NO. 28189 June 1, 2021 ITEM NATURE OF WORK QUANTITY UNIT SITE R1 MOBILIZATION JOB L.S . R2 CLEAR&GRUB JOB L.S. R3 STRIP & STAGE TOPSOIL (ASSUMED 6" THICK-ACROSS DISTURBED AREA) 290 C.Y . R4 TOPSOIL PLACEMENT 290 C.Y. RS GRADING (EXCAVATION) 1,200 C.Y . R6 CLASS 6 AGGREGATE BASE COURSE (4 " THICK) 330 C.Y . R8 12" HOPE CULVERT 60 L.F . R9 12" FLARED END SECTIONS 4 E.A. R10 RIP RAP BEDDING (D50=12", 1.5' THICK) 6 C.Y. SUBTOTAL R1-R10 WATER SYSTEM W1 EXISTING WELL MAINTENANCE & SUPPLY PUMP 1 EACH W2 2" HOPE WATER SUPPLY LINE 450 L.F . W3 10,000 GALLON WATER STORAGE TANK JOB L.S . W4 6" D.I .P. WATER MAIN 650 L.F . W5 6" VALVE 1 EACH W6 FIRE HYDRANT ASSEMBLY 2 EACH W7 2" WATER SERVICE 3 EACH W8 3" WATER SERVICE 2 EACH W9 3" HOPE WATER LINE (LOT 4 SERVICE) 370 L.F . SUBTOTAL W1-W9 SHALLOW UTILITIES SU1 4' DEEP JOINT UTILITY TRENCH (ET-INCLUDES PLACING CONDUIT) 1,190 L.F . SU2 3' DEEP TELEPHONE TRENCH 905 L.F . SU4 3" CONDUIT (TELEPHONE) 2,095 L.F . SUS TRANSFORMER 3 EACH SU6 ELECTRIC PULL VAULT 3 EACH SUBTOTAL SU1-SU6 EROSION CONTROL ER1 SILT FENCING 1,700 L.F . ER2 STRAW BALES/ LOG WADDLES JOB L.S . ER3 REVEGETATION CUT/FILL SLOPES-SEEDED WITH NATIVE GRASSES 0.50 AC. SUBTOTAL ER1-ER3 FEES F1 LAYOUT, OBSERVATION , TESTING & AS-BUil TS JOB L.S . F2 ELECTRIC COMPANY FEES JOB L.S . F3 TELEPHONE COMPANY FEES JOB L.S . SUBTOTAL F1-F3 SUBTOTAL ALL ITEMS 10¾ CONTIGENCY TOTAL UNIT COST COST 15,000.00 15,000.00 2,500 .00 2,500.00 12.00 3,480 .00 20 .00 5,800.00 18.00 21,600 .00 60.00 19,800 .00 50 .00 3,000 .00 400.00 1,600.00 100.00 600 .00 73,380 .00 11,000.00 11 ,000 .00 40.00 18,000.00 40,000.00 40,000 .00 80.00 52,000 .00 2,500 .00 1,500.00 6,000 .00 12,000.00 1,800.00 5,400.00 2,100 .00 4,200 .00 48.00 17,760.00 161,860.00 23 .00 27,370 .00 12.50 11 ,312 .50 3.50 7 ,332 .50 1,500 .00 4,500.00 1,500 .00 4,500 .00 55,015.00 2.50 4,250.00 1,200.00 1,200.00 3,500.00 1,750 .00 7,200.00 25,000 .00 25 ,000 .00 45,000.00 45,000 .00 5,000 .00 5,000 .00 75,000.00 372,455.00 37,245.50 409,700.50 NOTE: This opinion of probable construction cost was prepared for budgeting purposes only. Sopris Engineering , LLC cannot be held responsible for variances from this estimate as actual costs may vary due to bid and market fluctuations . 28189-COST-PRELIM.xls 2021 June - Froning Family Sub Page 1 of 29 Covenants DECLARATION OF PROTECTIVE COVENANTS FOR THE FRONING FAMILY SUBDIVISION GARFIELD COUNTY, COLORADO THIS DECLARATION OF PROTECTIVE COVENANTS of the Froning Family Subdivision (the “Declaration”) is made this ___ day of _______ 2021. RECITALS A. Whereas all of the owners of the real property described herein as the Froning Family Subdivision desire to establish this Declaration of Protective Covenants; and C. Whereas the property for which this Declaration shall attach and apply to is that certain real property located in Garfield County, Colorado, more particularly described on the attached Exhibit A (the “Property”); and NOW THEREFORE, the following Declaration of Protective Covenants of the Froning Family Subdivision (the “Declaration”) is hereby established as follows: ARTICLE 1 DEFINITIONS The following words when used in this Declaration or any Supplemental Declaration, unless inconsistent with the context of this Declaration, shall have the following meanings: (a) “Allocated Interests” means the undivided interests in the Common Expenses, and the votes in the Association. The Allocated Interests for each Lot have been allocated so that each Lot’s share shall be computed with the numerator being one (1) and the denominator being the total number of Lots created and existing at any one time. (b) "Architectural Control Committee (ACC)" shall mean the Architectural Control Committee established by the Board of the Association pursuant to the terms of this Declaration (c) “Annual Assessment” means the Assessment levied annually. (d) “Articles” mean the Articles of Incorporation for the Froning Family Subdivision Homeowners Association, as amended. (e) “Assessments” mean the Annual, Special, and Default 2021 June - Froning Family Sub Page 2 of 29 Covenants Assessments levied pursuant to Article 10 below. Assessments are also referred to as a Common Expense Liability as defined under the Act. (f) “Association” means the Froning Family Homeowners Association, a Colorado nonprofit corporation, and its successors and assigns. (g) “Association Documents” means this Declaration, the Articles of Incorporation, and the Bylaws of the Association, and any procedures, rules, regulations, or policies adopted under such documents by the Association. (h) “Board” means the governing body of the Association elected to perform the obligations of the Association relative to the operation, maintenance, and management of the Property and all improvements on the Property. (i) “Bylaws” mean the Bylaws adopted by the Association, as amended from time to time. (j) “Common Expenses” means (i ) all expenses expressly declared to be common expenses by this Declaration or the Bylaws of the Association, (ii) insurance premiums for the insurance carried, and (iii) all expenses lawfully determined to be common expenses by the Board of the Association. (k) “Declaration” means and refers to this Declaration of Protective Covenants of the Froning Family Subdivision. (l) “Default Assessment” means an Assessment levied by the Association pursuant to 10.7 below. (m) This section deleted intentionally (n) This section deleted intentionally (o) “Lot” means a plot of land subject to this Declaration and designated as a “Lot” on any subdivision plat of the Property recorded in the office of the Clerk and Recorder of Garfield County, Colorado. (p) “Manager” shall mean a person or entity engaged by the Association to perform certain duties, powers, or functions of the Association, as the Board may authorize from time to time. (q) “Member” shall mean every person or entity that holds membership in the Association. (r) “Mortgage” shall mean any mortgage, deed of trust, or other document pledging any Lot or interest therein as security for payment of a debt or obligation. 2021 June - Froning Family Sub Page 3 of 29 Covenants (s) “Mortgagee” means any person named as a mortgagee or beneficiary in any Mortgage, or any successor to the interest of any such person under such Mortgage. (t) “Owner” means the owner of record, whether one or more persons or entities, of fee simple title to any Lot, and “Owner” also includes the purchaser under a contract for deed covering a Lot with a current right of possession and interest in the Lot, but excludes those having such interest in a Lot merely as security for the performance of an obligation, including a Mortgagee, unless and until such person has acquired fee simple title to the Lot pursuant to foreclosure or other proceedings. (u) “Plat” means the subdivision plat of Froning Family Subdivision recorded _________________at Reception No. _____________in the records of the Clerk and Recorder of Garfield County, Colorado (the "Records") and all supplements and amendments thereto. (v) “Property” means and refers to that certain real property described on Exhibit A attached to this Declaration. (w) “ Froning Family Subdivision ” shall mean the residential subdivision projects created by the subdivision and platting of Froning Family Subdivision consisting of the Property, the Lots, and any other improvements constructed on the Property and as shown on the Plat. (x) “Special Assessment” means an assessment levied pursuant to Section 10.6 below on an irregular basis. (y) “Sharing Ratio” means the percentage allocation of Assessments to which an Owner’s Lot is subject as set forth in Exhibit B attached hereto and made a part hereof. (z) "Structure" means any tangible thing above or below the surface of the ground which might affect the appearance of the property or of the health or safety of any person including (by way of illustration) but not limited to any building, garage, swimming pool, tennis court, porch, shed, greenhouse, bathhouse, cabana. coop cage, patio, stable, barn, fence, wall, sign, barbeque pit, tank, playhouse, tree house, gazebo, pool, pond, excavation, pipe, pole, wire, cable or any trees or other landscaping features. ARTICLE 2 SUBMISSION OF PROPERTY TO THE DECLARATION 2.1 Declaration. The Property shall be held, sold and conveyed subject to the following covenants, conditions, and restrictions which are for the purpose of protecting the value and desirability of the Property, and which shall run with the land and be 2021 June - Froning Family Sub Page 4 of 29 Covenants binding on all parties and heirs, successors, and assigns of parties having any right, title, or interest in all or any part of the Property. Unless otherwise noted in this Declaration, all improvements or changes that may have been made to any Lot prior to the date of recording of this Declaration, which were in accordance with the prior protective covenants will be considered to be in compliance with this Declaration. Specifically, the design of the existing improvements on Lot 1are exempt from the Design Guidelines and may be repaired or replaced in a substantially similar style and form in the future. Similarly the existing wood working shop use on Lot 1 may be continued after the recording of these Covenants and is exempt from any inconsistent restriction herein. ARTICLE 3 GENERAL COVENANTS, CONDITIONS AND RESTRICTIONS 3.1. (a) Benefits of Protective Covenants. These Protective Covenants are made for the benefit of the Property hereinabove described and the owner(s) thereof and the Association. The Association shall have the right to enforce any of the provisions of this Declaration. 3.1. (b) Residential Use . No Lot shall be used for any purpose other than one single family residential dwelling unit. No Lot shall be further subdivided. No building, improvements or structures shall be constructed on any lot other than a single-family dwelling and such improvements or structures that are incidental or appurtenant to a single-family dwelling. 3.1 (c) Home Office/Business. Home offices/businesses are allowed. New Home offices/businesses must be approved by and in conformance with all requirements of the Garfield County Land Use and Development Code (LUDC) , including Sections 7- 702 (standards) and Table 3-403 as amended. All proposed home offices/businesses must be reviewed first by the Architectural Control Committee for their comment. The ACC may forward their comments on to the Garfield County Planning Department in conformance with County review procedures. 3.2 Animals. 3.2(a) Household Pets – No animal or livestock except household pets may be kept on any lot, and no animal, livestock or poultry of any kind shall be raised, bred, or kept on any portion of the property for any commercial purpose. For the purposes of this Declaration, household pets shall mean dogs, cats, rabbits, domestic birds such as canaries, and up to twelve chickens. No roosters are permitted. Up to four horses may be corralled on a lot on a full time basis. Horses meant to be corralled on a full time basis must obtain approval via the ACC. 2021 June - Froning Family Sub Page 5 of 29 Covenants Household pets must be kept within the boundaries of the lot unless accompanied by and under the control of the owner. Any animal may be removed from the Subdivision if it is deemed by the Board to constitute a nuisance of threat to public safety. Animals not confined to the owner’s Lot by a means approved by the ACC or at large in the subdivisions without a leash shall subject the owner to fines or permanent removal of the animal(s) from the Property, or both, at the discretion of the Board. In addition, dogs shall be subject to the following: i) When outside, all dogs are to be leashed or restricted to a fenced enclosure (i.e. fenced yard, kennel or run) adjacent to the residence. ii) Leashes shall be required whenever a dog is on common roads or other common property. iii) Dogs of guests are required to comply with these restrictions. iv) Contractors are prohibited from bringing their dogs on site during construction, even if kept within their vehicles. Note: cross reference dog regulations with plat notes. 3.3 Signs. No signs and no advertising device of any kind shall be placed upon a lot in public view on any part of a lot, except one sign of not more than 6” X 18” designating the owner and property address of any building site and except one (1) sign of a size not to exceed two feet by three feet advertising the property for sale or rent or its agent to advertise the property. Internally lit signs are prohibited. 3.4 Water and Wastewater. Each residence shall be connected to the domestic water system for the subdivision. There is no community wastewater system. Each lot shall be required to install an Individual Septic Disposal System and obtain a permit from Garfield County for the system prior to installation. . 3.5 Drainage Control. Each Lot is required to retain at least 3350 cf of drainage on their lot per approval of the Subdivision with Garfield County. A grading and drainage plan is required to be submitted as part of the review by the ACC and a formal grading and drainage plan is required to be submitted as part of the Garfield County Building Permit review process. 3.6 Structures. 3.6 (a) General. No structure of any kind shall be constructed on any Lot until the procedure outlined in Article 10 is followed and the requisite approval is obtained. 3.6 (b) Temporary. No temporary building, mobile home, improvement or structure shall be placed upon any Lot except during such reasonable period as may be necessary for the construction of approved improvements on such Lot. Such structures may be allowed for temporary habitation as long as such habitation is consistent with the Garfield County LUDC. 3.7 Zoning. No lands within the Subdivision shall ever be occupied or used for 2021 June - Froning Family Sub Page 6 of 29 Covenants any structure or purpose in any manner that is contrary to the applicable Garfield County LUDC and this Declaration. 3.8 Electricity, Wires and Poles. Poles, wires or antennae of facilities for the transmission or reception of electricity, telephone, television (regular broadcast, cable or satellite), radio, or internet shall be placed underground unless approved otherwise by the ACC. 3.9 Offensive Conditions. 3.9(a) Noxious, offensive or hazardous activities. No noxious, offensive or hazardous activity shall be carried on upon any Lot at any time nor shall anything be done or permitted which may be or become a nuisance to other property or to the owners thereof. 3.9(b) Outside Burning and Fireworks. Open burning is permitted as long as a permit is obtained from the Carbondale & Rural Fire Protection District (C&RFPD) and all required procedures are followed. Outside cooking shall be restricted to properly maintained charcoal grills or gas grills designed for cooking or other properly constructed outdoor cooking facilities. Fire pits for outdoor gathering are permitted, but special care should be taken related to Wildfire Mitigation. 3.9(c) Exterior lighting. Exterior lighting plans shall be submitted to the ACC for review and approval with original construction drawings or when exterior lighting is added or modified on any Lot. All exterior lighting shall at a minimum meet the requirements of the Garfield County LUDC Section 7-304 , as amended as well as the following contained in these covenants. Whichever is more stringent will apply. Exterior lights shall not shine or be reflected directly at structures on any other Lot in the subdivision. Lighting shall be so designed so that the source of lighting from any point on adjoining lots or streets. Ninety degree (90 Deg)cut-off fixtures are encouraged. Continuous and regular use of exterior flood and area lighting is prohibited. Mercury vapor high-pressure sodium and similar high intensity lighting are prohibited. Outdoor task lighting is allowed on a limited basis for repair, home improvement or other similar type of projects. 3.9 (d). Solid Fuel Burning Devices. All new solid fuel burning devices shall meet the requirements of the Garfield County LUDC. 3.9 (e) Fences. Wildlife is common to the Red Hill Area, including the Froning Family Subdivision. The following measures are required in order to reduce impacts upon wildlife. i) Lot owners are encouraged to avoid fencing within lots to allow continued wildlife use. Any fencing must be approved by the ACC prior to construction. 2021 June - Froning Family Sub Page 7 of 29 Covenants ii) Lot perimeter fencing is prohibited unless approved by the ACC. iii) Fencing is restricted to within the building envelope or the building envelope boundary of each lot unless specifically approved by the ACC. Reasons and justifications for why the fencing outside of the building envelope should be permitted are to be provided in writing to the ACC. iv) Fences shall meet or exceed Colorado Division of Wildlife (CDOW) fence standards with the exception of fences used to contain dogs. These standards are: o Wood rail fencing shall employ three rails or less, be composed of round or split rail, not exceed 52 inches in height above mean ground level and 2 inches in width (top view), and have at least 18 inches between two of the rails. o Wire fences shall consist of smooth wire with a maximum height of 42 inches above mean ground level. The middle wire shall be 30 inches above mean ground level, providing an 18 inch kick-space below the top strand. The bottom strand shall be 18 inches above ground level to facilitate movement of fawns and elk calves as well as other wildlife. 3.9 (f) Trees and landscaping. All trees and shrubbery outside of the building envelopes are to remain untouched and in place, as it is an important part of the Pinion- Juniper woodland plant association ecosystem. Trees may be removed if diseased or for fire protection purposes if approved by the Board. Tree removal may also be allowed for reasons of hardship or for purposes of maintaining a unique “view”. Such Tree removal shall be approved by the Board. The landscaping and vegetation within the building envelopes shall be modified in two situations First, some trees and shrubbery shall be removed, trimmed and/or modified in order to comply with requirements to establish “defensible” space in the vicinity of the main structure and any accessory structures in order to reduce the risk of wildfire. The criteria are included in Exhibit C of these covenants. Second, small areas in the vicinity of the main structure may be modified to accommodate grass, ornamental and other similar styles of vegetation which are more tolerant of intense usage by occupants of the lot. These areas are intended to be irrigated. Such areas are limited by the augmentation plan for the property. This allowable area is 2,000 SF for Lot 1 and 1,000 SF each for Lots 2-5. There is a sagebrush meadow in the southwestern portion of the property which is known as Inter-Mountain Basins Big Sagebrush Shrub Land. It is located on Lots 4 and 3 and is shown on the Vegetation and soils Map included as Exhibit D to these covenants. This meadow is an important part of the local ecosystem and important for wildlife habitat. It is to be preserved for wildlife habitat and not to be destroyed or converted to another form of vegetation. A portion of this meadow is included as part of the building envelope 2021 June - Froning Family Sub Page 8 of 29 Covenants in Lot 4. The owner of this lot is to take proper precautions during the design of the residential structure to preserve as much of this meadow as possible. Specifically, for every square foot of meadow being utilized for the building footprint, an area at least equal to the building footprint shall be removed from the bordering Pinyon Juniper stands to replace the meadow being removed from “wildlife browse”. A minimum of 0.45 acres of the pinyon juniper area adjacent to the meadow should be converted to this sage meadow as noted in condition # 14 of Resolution No. 51-2020 recorded at reception # 943944. Conversion of this meadow to any other vegetation type shall be approved by the ACC prior to any conversion. Care must be taken during construction to minimize any harmful activity to this meadow. (Note: This mitigation to the sage meadow may also include removal of Pinyon Juniper from areas of Lot 3 with approval of the HOA and the County). Living trees, the trunks of which are four (4) inches or greater in diameter located outside of the building envelope shall not be cut, trimmed or removed from a lot except as may be approved by the Board. The Board may approve such removal if the tree is diseased or creating a hazard or hardship. A Lot Owner may request that trees be removed for purposes of obtaining a “view” for the property or from a particular point of the residential structure. The Lot Owner must apply to the Board in writing and the Board must approve the request before removal of any tree, shrub or part of tree/shrub. Such removal of vegetation shall be the minimum required to maintain or preserve such view. County Landscaping standards are contained in Section 7-305.A, as amended of the Garfield County LUDC and shall be followed as appropriate. 3.10 Rental/Leasing. An Owner shall have the right to lease his Lot upon such terms and conditions as the Owner may deem advisable; provided, however, that (i) any such lease shall be in writing and shall provide that the lease is subject to the terms of this Declaration; (ii) a Lot may be leased only for the uses provided hereinabove; and (iii) lessees shall disclose on the lease the number of occupants, names of occupants and number of registered vehicles that will be residing at any rental property. Copies of effective leases must be forwarded to the Board. Owners of Lots upon which the residential dwelling unit is non-owner occupied may not rent to or allow a total occupancy of more than one non-related individual per bedroom plus one other person, and in no case more than specified in section 3.11 below. Any violation of the tenant shall be the responsibility of the landlord/owner of the property. 3.11 Use and Occupancy 3.11 (a) Occupancy. Each single-family dwelling may only be occupied by one family. Family means one (1) or more persons who occupy a single-family dwelling unit and act as a single housekeeping unit, together with customary household servants; or a group of not more than four (4) unrelated persons who occupy a single-family dwelling unit and who do not act as a single housekeeping unit. In no event shall a family occupying one dwelling unit exceed the size of one person for each 300 square feet of space in the living quarters of the dwelling unit. 2021 June - Froning Family Sub Page 9 of 29 Covenants 3.11 (b) Minimum Floor area: There is no minimum floor area for a single- family home required by these covenants. The minimum required floor area shall be as allowed by Garfield County and the LUDC. 3.11 (c) Tree protection on Lots 2 and Lot 3. The western portions of Lots 2 and 3 are visible to neighbors to the north outside of the subdivision boundaries. In order to mitigate for development, no trees outside of the western portions of the building envelope are to be removed unless they are diseased or unless this area needs to be “thinned” in order to provide “defensible space” as required in other sections of these covenants. 3.11 (d) Lots 1 and 4. Structures on Lots 1 and 4 may be visible from adjoining rights-of-way. Specifically, a structure on Lot 4 may be visible from CR 107 and neighboring lots to the north. The present structure on Lot 1 is partly visible from SH 82. Lot 1 must get ACC approval before repainting the chimney, since this visible from SH 82. If the structure on Lot 1 is remodeled, or if the present structure is razed for a new structure to be built elsewhere on the building envelope, the owner must provide a color palette for the structure which will guarantee that its visibility is limited. Any exterior remodel, expansion or redevelopment of the residence on the Lot must first receive approval of the ACC before commencing construction. The owner of lot 4 must demonstrate with any application for new construction or change in condition to the ACC that the design, massing and color palette of the exterior will not detract from the views of neighbors in surrounding developments or from the public on CR 107. 3.11 (e) Modular/manufactured Housing. Modular or manufactured housing is allowed per the Garfield County LUDC. 3.11 (f) Roofs. Roofs should have primary and secondary pitches and dormers. In order to create interest, no more than 70% of the roof shall be a single pitch. The use of dormers is encouraged to add interest and provide light into living spaces and provide views from spaces located on the upper floors. Primary roof planes shall have a minimum pitch of 6:12 and a maximum pitch of 12:12. Secondary roof planes shall be complimentary to the primary roof and shall be no less than 3:12. Flat roofs are not permitted, unless approved by the ACC. Roof materials should be fire resistant (Class B or better). Metal roofs and siding shall be non-reflective. 3.11 (g) Height. The maximum height of any building shall be in compliance with the Garfield County LUDC. 2021 June - Froning Family Sub Page 10 of 29 Covenants 3.11 (h)Set Back Requirements. The location of improvements with relation to property lines shall comply with the following minimum set-back requirements: Front Yard: As defined by building envelope on the Plat Rear Yard: As defined by building envelope on the Plat Side yard: As defined by building envelope on the Plat 3.12 Recreational Vehicles (RV). Recreational vehicles may be used for occupancy by the owners of a lot or their guests for up to 14 calendar days in any year. No RV may be used for permanent occupancy. 3.13 Tanks. Propane tanks shall be constructed in conformance with any applicable county standard and in conformance with the International Fire Code. They are encouraged to be buried. 3.14 Garage. Each lot must provide parking as per the Garfield County LUDC. Garages are encouraged but not required. If a garage is not proposed as part of the construction of a lot, the owner must demonstrate how storage of tools, equipment, recreational devices, mechanical equipment, trash enclosures and other items will be stored so that they do not create a nuisance for other lot residents in the subdivision. Landscaping as per Section 7-303 G of the Garfield County LUDC may be used for screening these areas, as well as a screened enclosure areas. 3.15 Noxious Weeds and Reclamation. Noxious weeds shall be kept under control and eliminated as necessary so that they do not become a nuisance to any lots within the subdivision. 3.16 Maintenance of Septic Systems. Each Lot will have an Individual Septic Disposal System. Regular maintenance per manufacturer’s recommendations shall be followed. The Board may require yearly maintenance and pumping of any system on a particular lot if it becomes a regular problem. For purposes of these covenants, a regular problem is if there is a failure or persistent odor from such system in any 2 out of 5 years. 3.17 Wildlife. A Wildlife and Ecological Study has been conducted as part of the Subdivision Application Process for Garfield County. The recommendation from this analysis shall be followed. These requirements are: i) Black Bears - Increasingly, residential development is causing conflicts with bears by introducing them to garbage, barbecue grills, bird feeders, and other attractants which results in habituation and occasional aggression toward people. The Property is within a known human-bear conflict area. The following measures will reduce the likelihood of human-bear conflict: • All refuse containers should meet bear-proof specifications set by the Living with Wildlife Foundation (http://www.lwwf.org/Bear- 2021 June - Froning Family Sub Page 11 of 29 Covenants resistant%20products%20testing.htm) or kept in a bear-proof enclosure or garage until the day of pickup. • Pets should not be fed outside. • Bird feeders should be avoided from April through November. • Composting should be restricted to yard waste (e.g., leaves and grass clippings). Food waste should be prohibited within compost. ii) Education - Educational materials pertaining to local wildlife (e.g., CDOW brochures entitled “Living with Wildlife in Bear Country”) should be made available to visitors. iii) Construction Timing - In order to reduce the effects of construction activity on wintering animals, exterior construction activity should be limited to the period between March 15th and December 15th. 3.18 Variances. The ACC or the Board of the Association may allow variances from compliance with any of the strict terms or provisions of these protective covenants when circumstances such as topography, natural obstructions or hardship may require and, if such variance is granted, no violation of the covenants, restrictions and conditions of these restrictions shall be deemed to have occurred with respect to the matter for which the variance was granted. All reasons and support for variance must be evidenced in writing. The ACC for the board may only grant variances that do not affect the compliance of the subdivision or a particular lot with the LUDC, as amended. The granting of such variance shall not operate to waive any of the terms and provisions of these restrictions for any purpose except as to the particular lot and particular provisions hereof covered by the variance. Any variance granted by the Board shall be recorded in the Garfield County Clerk’s Office. The Lot owner to whom the variance is granted shall be charged a fee to cover the recording cost. Variances may not allow for business or commercial activity. 3.19 Building Envelopes. Building Envelopes have been created for each lot of the subdivision (attached as Exhibit E). All structures including garages, barns and sheds must be located within the building envelopes. Allowable development to be located outside of these building envelopes are fences, corrals, animal feeding sheds, portions of driveways, individual septic systems (ISDS) and related facilities, retention for drainage, and utility lines such (including bust not limited to water service lines and underground electric lines) which may extend from outside of the envelope or the right-of-way to the a building structure The building envelopes have been located and sized to provide an adequate building envelope area that meets the development needs of the owner of each lot, provide privacy and adequate views, and limits impacts to surrounding neighbors outside of the subdivision. The building envelopes have also been sized to provide adequate “open land” as defined by Garfield County policies at the time of the approval of the subdivision. It is the intent of these covenants that the Association shall review any development proposed for each lot and ensure that the area outside of the designated building envelopes remains 2021 June - Froning Family Sub Page 12 of 29 Covenants undeveloped and as “open land”. Building Envelopes shall not be allowed to be enlarged either by amending these covenants or through an amended subdivision plat or any other land use action under Garfield County’s jurisdiction. An owner of a lot may apply to reduce the area designated as building envelope or to move the envelope itself. Proposals to modify a building envelope must be first approved by the Association and then approved by Garfield County in the form of an amended Subdivision plat pursuant to the land use regulations in place at that time. 3.20 Automatic Fire Sprinklers. Automatic Fire Sprinklers are required for each residence in the Subdivision. As such, the water system and water storage tank have been designed to facilitate automatic fire sprinklers. Installation requirements will be in accordance with NFPA 13D or Section P 2904 of the IRC. The design is a sprinkler system should be addressed with the ACC as part of the Design Review Process. Booster pumps in separate tanks may be necessary. Design of the automatic fire sprinkler system will be required as part of the building permit submittal to Garfield County. ARTICLE 4 MEMBERSHIP AND VOTING RIGHTS; ASSOCIATION OPERATIONS 4.1 The Association. Every Owner of a Lot shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot. 4.2 Transfer of Membership. An Owner shall not transfer, pledge, or alienate his membership in the Association in any way, except upon the sale or encumbrance of his Lot and then only to the purchaser or Mortgagee of his Lot. 4.3 Membership and Allocated Interests. The Allocated Interest appurtenant to each Lot in the Common Expenses shall be a fractional interest with the numerator being one (1) and the denominator being the total number of Lots depicted on the Plat and all supplements and amendments thereto. Each Lot shall be allocated one (1) vote in the Association. In the event any Lot or Property is added to the Project the resulting Allocated Interest of the Lot(s) in the Common Expenses, and votes in the Association shall be adjusted so that each Lot has an identical fractional interest with the numerator being one and the denominator being the total number of Lots created and shown on the Plat as may be supplemented and amended from time to time. The Association shall have one (1) class of membership consisting of all Owners. Except as otherwise provided for in this Declaration, each Member shall be entitled to vote in Association matters pursuant to this Declaration on the basis of one (1) vote for each Lot owned. When more than one (1) person holds an interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised by one (1) person or an alternative person (who may be a tenant of 2021 June - Froning Family Sub Page 13 of 29 Covenants the Owners) appointed by proxy in accordance with the Bylaws. In the absence of a proxy, the vote allocated to the Lot shall be suspended in the event more than one (1) person or entity seeks to exercise the right to vote on any one (1) matter. Any Owner of a Lot which is leased may assign his voting right to the tenant, provided that a copy of a proxy appointing the tenant is furnished to the Secretary of the Association prior to any meeting in which the tenant exercises the voting right. In no event shall more than one (1) vote be cast with respect to any one (1) Lot. 4.4 Compliance with Association Documents. Each Owner shall abide by and benefit from each provision, covenant, condition, restriction and easement contained in the Association Documents. The obligations, burdens, and benefits of membership in the Association concern the land and shall be covenants running with each Owner’s Lot for the benefit of all other Lots. 4.5 Books and Records. The Association shall make available to Owners and to Mortgagees for inspection, upon request, during normal business hours or under other reasonable circumstances, current copies of the Association Documents and the books, records, and financial statements of the Association prepared pursuant to the Bylaws. The Association may charge a reasonable fee for copying such materials. The Association shall maintain such books and records as may be required under the Act. 4.6 Manager. The Association may employ or contract for the services of a Manager to whom the Board may delegate certain powers, functions, or duties of the Association, as provided in the Bylaws of the Association. The Manager shall not have the authority to make expenditures except upon prior approval and direction by the Board. The Board shall not be liable for any omission or improper exercise by a Manager of any duty, power, or function so delegated by written instrument executed by or on behalf of the Board. 4.7 Implied Rights and Obligations. The Association may exercise every right or privilege reasonably implied from the existence of the express rights or privileges given to the Association under the Association Documents. The Association may also act in ways reasonably necessary to effect any such rights or privileges. The Association shall perform all of the duties and obligations expressly imposed upon it by the Association Documents, and every other duty or obligation implied by the express provisions of the Association Documents or necessary to reasonably satisfy any such duty or obligation. ARTICLE 5 POWERS OF THE BOARD OF THE ASSOCIATION The Board shall have power to take the following actions: 2021 June - Froning Family Sub Page 14 of 29 Covenants (1) suspend the voting rights of a Member during any period in which such Member is in default on payment of any Assessment levied by the Association, as provided in Section 10.7; and (2) exercise for the Association all powers, duties, and authority vested in or delegated to the Association and not reserved to the Members by other provisions of this Declaration or the Articles or Bylaws of the Association or as provided by law. ARTICLE 6 MECHANIC’S LIENS If any Owner shall cause any material to be furnished to his Lot or any labor to be performed therein or thereon, no Owner of any other Lot shall under any circumstances be liable for the payment of any expense incurred or for the value of any work done or material furnished. All such work shall be at the expense of the Owner causing it to be done, and such Owner shall be solely responsible to contractors, laborers, materialmen and other persons furnishing labor or materials to his Lot. ARTICLE 7 PROPERTY RIGHTS OF OWNERS 7.1 Recorded Easements. The Property shall be subject to all easements as shown on any recorded plat affecting the Property and to any other easements and licenses of record or of use as of the date of recordation of this Declaration. In addition, the Property is subject to those easements set forth in this Article 7. 7.2 General Maintenance Easement. An easement is hereby reserved and granted to the Association, and any member of the Board or the Manager, and their respective officers, agents, employees, and assigns, upon, across, over, in, and under the Property and a right to make such use of the Property as may be necessary or appropriate to make emergency repairs, to perform the duties and functions which the Association is obligated or permitted to perform pursuant to the Association Documents, or to exercise its rights under, including the right to enter upon any Lot for the purpose of performing maintenance, including but not limited to work involving drainage, irrigation and other water features. Except when an emergency exists, prior written notice shall be given of any plan to exercise 7.3 Association as Attorney-in-Fact. Each Owner, by his acceptance of a deed or other conveyance vesting in him an interest in a Lot, does irrevocably constitute and appoint the Association with full power of substitution as the Owner’s name, place and stead to deal with Owner’s interest in order to effectuate the rights granted to the Association, as applicable, with full power, right and authorization to execute and deliver any instrument affecting the interest of the Owner and to take any other action which the 2021 June - Froning Family Sub Page 15 of 29 Covenants Association may consider necessary or advisable to give effect to the provision of this Section and this Declaration generally. If requested to do so by the Association each Owner shall execute and deliver a written, acknowledged instrument confirming such appointment. ARTICLE 8 EASEMENTS There are a number of easements on the within the Froning Family Subdivision that enhance the quality, livability and/or enhance safety, health and welfare. This Declaration calls to attention to the following three easements: • 20 foot wide private Trail Easement. This easement is for the benefit of the owners and residents of the subdivision. This trail lies on Lots 3 and 4 and provides access to the BLM land to the south. It is dedicated to the Association. It is not for use by the general public. • Easement for Ingress and Egress. The first 200 feet of the subdivision road is also an access Easement that is shared with 3 properties to the southwest of the subdivision. The parcel ID #’s for those properties are 2393-284-00-020; 2393-284-00-021; and 2393-284-00-022. • An Emergency Access Easement that follows the subdivision road through the Froning Family Subdivision and the access driveway for the property to the north (parcel # 2393-272-00-019). This Emergency Access easement is dedicated to the Homeowner’s Association by Easement Deed. The purpose is to provide for the following: i) allow access to the Subdivision by the Carbondale & Rural Fire Protection District, County Sheriff Department and other emergency service personnel in case of injury or fire; ii) allow Fire District personnel to draw water from the hydrants or water tank in case of fire within the Subdivision or the Red Hill Neighborhood; iii) allow the owners and residents a second access point (or “exit”) from the subdivision through the property to the north to CR 107 in case of emergency; and iv) allow the property owner to the north to have a second access (or “exit”) from their property through the Froning Family Subdivision in case of a fire or emergency on that property. The intent is for the emergency access to be used for emergency purposes only, and not for a point of general vehicular or pedestrian circulation on a day-to-day basis. ARTICLE 9 ASSESSMENTS The following items are subject to assessment to each lot owner: 2021 June - Froning Family Sub Page 16 of 29 Covenants a. Proportional share of maintenance of the subdivision road b. Proportional share of snowplowing c. Proportional share of maintaining water system, including the water tank, well, water mains, fittings, and all appurtenances. d. Equal sharing in legal and monetary costs associated with compliance of the water augmentation plan, including any fees payable to the Basalt Water Conservation District. These items that are subject to assessment may be assessed on a monthly or annual basis. ___ Special Assessments. In addition to the Annual and monthly Assessments authorized by this Article, the Association may levy in any fiscal year one or more Special Assessments, payable over such a period as the Association may determine, for the purpose of defraying, in whole or in part, the cost of any unexpected repair or replacement of improvements on the Property or the Common Elements or for such other expense incurred or to be incurred as provided in this Declaration. ____ Default Assessments. All monetary fines assessed against an Owner pursuant to the Association Documents, or any expense of the Association which is the obligation of an Owner or which is incurred by the Association on behalf of the Owner pursuant to the Association Documents, shall be a Default Assessment and shall become a lien against such Owner’s Lot which may be foreclosed or otherwise collected as provided in this Declaration. ____ Effect of Nonpayment; Assessment Lien. Any Assessment installment, whether pertaining to an Annual, Monthly, Special, or Default Assessment, which is not paid on or before its due date shall be delinquent. If an Assessment installment becomes delinquent, the Association, in its sole discretion, may take any or all of the following actions: (a) assess a late charge for each delinquency in such amount as the Association deems appropriate; (b) assess an interest charge from the date of delinquency at the yearly rate of two (2) points above the prime rate charged by the Association’s bank, or such other rate as the Board may establish, not to exceed twenty-one percent (21%) per annum; (c) suspend the voting rights of the Owner during any period of delinquency; (d) accelerate all remaining Assessment installments so that unpaid Assessments 2021 June - Froning Family Sub Page 17 of 29 Covenants for the remainder of the fiscal year shall be due and payable at once; (e) bring an action at law against any Owner personally obligated to pay the delinquent Assessments; and (f) proceed with foreclosure as set forth in more detail below. Assessments chargeable to any Lot shall constitute a lien on such Lot. The Association may institute foreclosure proceedings against the defaulting Owner’s Lot in the manner for foreclosing a mortgage on real property under the laws of the State of Colorado. In the event of any such foreclosure, the Owner shall be liable for the amount of unpaid Assessments, any penalties and interest thereon, the cost and expenses of such proceedings, the cost and expenses for filing the notice of the claim and lien, and all reasonable attorney’s fees incurred in connection with the enforcement of the lien. The Association shall have the power to bid on a Lot at foreclosure sale and to acquire and hold, lease, mortgage and convey the same. _____ Personal Obligation. The amount of any Assessment chargeable against any Lot shall be a personal and individual debt of the Owner of same. No Owner may exempt himself from liability for the Assessment by abandonment of his Lot. Suit to recover a money judgment for unpaid Assessments, any penalties and interest thereon, the costs and expenses of such proceedings, and all reasonable attorneys’ fees in connection therewith shall be maintainable without foreclosing or waiving the Assessment lien provided in this Declaration. ______ Successor’s Liability for Assessments; Subordination of Lien. The provisions of the Act shall govern and control (i) the obligations of successors to the fee simple title of a Lot on which Assessments are delinquent; and (ii) the subordination by the lien of the Assessments provided for in this Declaration. ________ Payment by Mortgagee. Any Mortgagee holding a lien on a Lot may pay any unpaid Assessment payable with respect to such Lot, together with any and all costs and expense incurred with respect to the lien, and upon such payment that Mortgagee shall have a lien on the Lot for the amounts paid with the same priority as the lien of the Mortgage. _________ Statement of Status of Assessment Payment. Upon payment of a reasonable fee set from time to time by the Board and upon fourteen (14) days written request to the Manager or the Association’s registered agent, any Owner, Mortgagee, prospective Mortgagee, or prospective purchaser of a Lot shall be furnished with a written statement setting forth the amount of the unpaid Assessments, if any, with respect to such Lot. Unless such statement shall be issued by personal delivery or by certified mail, first class postage prepaid, return receipt requested, to the inquiring party (in which even the 2021 June - Froning Family Sub Page 18 of 29 Covenants date of posting shall be deemed the date of delivery) within fourteen (14) days, the Association shall have no right to assert a lien upon the Lot over the inquiring party’s interest for unpaid Assessments which were due as of the date of the request. ARTICLE 10 DESIGN REVIEW No new construction of any structure or alteration of the exterior of any existing structure, or major installation or replacement of trees or landscaping features shall commence unless first approved in writing by the ACC, nor shall such addition or change be made unless it complies with the Land Use Regulations of Garfield County, Colorado The ACC shall exercise its best judgment to the end that all new construction or modifications to structures and land within the Subdivision conform to and harmonize with existing surroundings and structures. The ACC has the sole and absolute right to deny any requested applications which the ACC reasonably determines do not conform to and harmonize with existing surroundings and structures. All proposed construction, modifications, alterations and improvements shall be approved pursuant to this Declaration. The decision of the ACC shall be made after its review of a complete set of plans and specifications , including but not limited to floor plans, elevations, site plan, grading and landscape plans (where appropriate), and general specifications of principal exterior materials. Lots 1 and 4 shall provide the proposed outdoor color scheme for their construction projects. Design Philosophy All construction is to comply with standards in the Garfield County Rural “R” Zone District. Each lot has been provided a building envelope where topography and view sheds have been taken into consideration during the site planning and development process. Each lot is restricted to one single-family detached residence. It is the intent to encourage each lot owner to design a structure which fits into the local “Red Hill” environment by taking into account the local topography, view sheds and existing vegetative material and utilizing indigenous and/or building materials designed for this area. Exterior colors should be earth tones or other such colors that fit into the surrounding landscape and environment. Bright color schemes should be limited to accents or trim details. The ACC has the ability to approve such color schemes when reviewing construction plans or during exterior painting/remodeling projects. . It is also the intent of the Development to provide building sites for the enjoyment of the present and future residents. The building envelopes have been planned for purposes of providing reasonable privacy and for limiting their impact on neighboring lots outside of the subdivision. It is not the intent of these design review guidelines to provide criteria 2021 June - Froning Family Sub Page 19 of 29 Covenants where one owner can prevent another owner from constructing a reasonably designed structure because it is noticeable or in a "view plane” of an adjoining lot. It is the intent of the guidelines and covenants that any proposed structure which meets the review criteria, conforms to the wildlife and “defensible space guidelines” attached in these exhibits, and is appropriate in massing and scale will be approved by the ACC and get built. The Red Hill Area is known as a unique area that has extreme beauty but also has some environmental constraints. As part of the environmental analyses for the property, a Wildlife and Ecological Study has been completed. Protection of wildlife is important and the recommendations of this study have been included in Section 3.17. These recommendations shall be followed. Recommendations related to animal control and fencing shall be enforced. The Red Hill Area and the immediate environments are also subject to Wildfire constraints. As a result, the Froning Family Subdivision is building a small, appropriately sized central water system that will feature two fire hydrants and a 10,000 gallon water tank. The water tank will be available to the Carbondale & Rural Fire Protection District for use in case of a fire (either structure or wildfire) in the neighborhood. An emergency access easement has been provided to dedicate access to the Fire District and County emergency service personnel. Finally, due to the wildfire hazard in the area, criteria have been established for purposes of mitigating wildfire by providing “defensible space” around structures on each lot. The criteria are contained in Exhibit C and will be enforced. 10. Required Approval of All Changes to Property. 10.1 Architectural Control Committee. An Architectural Control Committee (ACC) shall be established by the Board of the Association. The ACC shall have three members. Two members at a minimum shall be owners of property in the Froning Family Subdivision. One member may be an architect or design related or planning professional, who must be approved by the owners of all lots in the subdivision. If there is no architect or design professional, then members must be lot owners in the Subdivision. 10.2 Pre-application Meeting. It is suggested that any homeowner that proposes to construct a residence on any lot or make a significant improvement meet with the president of the HOA or a member of the ACC in order to be aware of the development regulations of the Froning Family Subdivision and the development philosophy. It is the purpose of these covenants to provide each owner and the subdivision the tools with which to help design a structure or modification of the structure with a minimum of time and expense and still meet the architectural guidelines for the subdivision. 10.3. Sketch Plan. It is highly recommended for any owner planning to construct a residence or remodel an existing structure submit a sketch plan for review by the ACC in order to be sure that the design has a good chance of being approved prior to significant design expenses being incurred by an owner. Submittal should include a conceptual site plan, building footprint, elevations and roof plan which will allow the ACC to be able to provide constructive feedback to the owner. This meeting is meant to be informal and to 2021 June - Froning Family Sub Page 20 of 29 Covenants provide additional guidance. Feedback and approval of a sketch plan does not automatically mean that the final design will be approved. 10. 4. Action by the ACC. The ACC shall act upon any application submitted for new construction or a change in condition within 30 days after the submittal of the final plans and specifications. If no action is taken within the 30 day period, the plans and specifications shall be deemed approved. Two members of the ACC shall constitute a quorum. The ACC shall report in writing all approvals and disapprovals of any changes in the existing state of property in Froning Family Subdivision to the applicant, and to the Board of the Association. a) Appeals by an Applicant. In the event the ACC disapproves any architectural plans for new construction or plans for any change to the lot, the person or entity submitting the plans may appeal the matter. This appeal can be reviewed at the next annual or special meeting of the Board of the Association if the annual meeting is more than 60 days after the date of a denial. A majority vote shall be required to change the decision of the ACC. b) Grounds for appeal. The valid grounds for an appeal to the Board are: (1) that the ACC did not follow the procedures set forth in these covenants; (2) that the action of the ACC occurred without two concurring votes; or (3) the decision of the ACC was not consistent with these covenants. The written appeal shall state the grounds for the appeal. c) Decision of the Board. Upon receiving a written appeal, the Board shall meet promptly. If the Board finds that there are valid grounds for an appeal, it may void a decision of the ACC and issue a decision in its place, or it may direct the ACC to reconsider its previous decision. The Board shall issue its decision in writing to the applicant and the ACC. 10.5 Limitation of Liability. Neither the ACC nor any member thereof, nor any lot owner shall be liable to any party for any action nor for any failure to act under nor pursuant to or with respect to any provision of these covenants provided only that the person or entity sought to be charged with any liability shall have proceeded in good faith and without malice. 10.6 Change in the Existing State of Property. Change in the existing state of the property shall mean and include the construction of any building, structure or other improvement, including fencing and utility facilities; the excavation, filling or similar disturbance of the land including change of grade, landscaping or drainage pattern; the clearing of trees more than 4 inches in diameter outside of the defined building envelope. Change shall also include any change in exterior color on buildings on Lot 1 or Lot 4. 10.7 Approval of Change in Existing State Required. No change in the existing state of property shall be made or permitted without the prior written approval of the ACC, unless the change is specifically exempted from the approval process by these covenants. All changes must be in compliance with the provisions, conditions and restrictions set forth in these covenants. 2021 June - Froning Family Sub Page 21 of 29 Covenants 10.8 ACC Criteria for Approval. The ACC shall have complete discretion to approve or disapprove any change in the existing state of property. The ACC shall exercise such discretion with the following objectives and criteria in mind: • to carry out the general purposes expressed in these covenants; • to prevent any change that would be unsafe or hazardous to any persons or property; • to prevent any obstructions or diminution of the view of others; • to assure that any change will be of good and attractive design and in harmony with the natural setting of the area; • to preserve or enhance existing features or natural beauty such as trees, shrubs, topography or transitions between areas; • to promote the use of new landscaping materials that are indigenous to or existing in the area and which have low maintenance requirements; • to promote the use of structural materials that have minimum maintenance requirements; When a proposed change (or original construction) involves exterior painting of a structure on Lots 1 or 4, the goal is ensure that the new color palette blends in with the surrounding landscape and minimizes visibility from either CR 107 (for lot 4) or from State Highway 82 (for lot 1). Muted colors and earth tones are suggested unless it can be proved that the proposed new color scheme is advantageous and better suited to reduce visibility from the right-of-way in question. In order to effect such desired objectives, the Board may from time to time issue “DESIGN REQUIREMENTS AND GUIDELINES”. Copies of the “DESIGN REQUIREMENTS AND GUIDELINES” are to be made available from the Association upon request. The Design Requirements and Guidelines shall be considered the initial minimum standards and rules of the ACC. 10. 9 Design Review Process. Prior to expenditures of any substantial time or funds in the planning of new construction or any proposed change in the existing state of property, the owner of the property may advise the ACC orally or in writing of the general nature of the construction or proposed change. The property owner shall review the Design Requirements and Guidelines (if appropriate) and shall provide the ACC with all the materials necessary under the Design Requirements and Guidelines for comment and review. Where buildings or structures or other improvements that reasonably require plans and specifications are proposed to be constructed, the ACC may require that 3 sets of the plans and specifications shall be submitted (unless specified elsewhere). A fee of $100 shall accompany any request for review. No proposed Change in the existing state of property shall be deemed to have been approved unless its approval is in writing executed by the chairman of the ACC. That approval, however, shall be deemed given if the ACC fails to approve or disapprove a proposed change or to make additional requirements or request additional information within thirty (30) days after a full and complete description of the proposed change has been furnished in writing to the ACC with a written and specific request for approval. After the ACC has received all the information that it has requested, the ACC may take up to 30 days to issue its disapproval or approval. If within such 30 day 2021 June - Froning Family Sub Page 22 of 29 Covenants period the ACC rejects such plans or requests changes therein and the plans are resubmitted, the ACC shall then have 30 days upon which to act upon such plans. 10.10 Prompt Completion of Work After Approval. After approval by the ACC of any proposed change in the existing state of property, the proposed change shall be accomplished as promptly and diligently as possible and in complete conformity with the description of the proposed change and with any plans and specifications therefore given to the ACC. When the change is construction of a structure, the completion requirement shall be satisfied when a certificate of occupancy is granted by Garfield County. Failure to accomplish the change within two years after the date of approval or failure to complete the proposed change strictly in accordance with the description thereof and plans and specification therefore shall automatically revoke the approval of the proposed change. Any Lot owner can request an extension of such time period in writing. 10.11 Right of Inspection. After written notice to the lot owner, ACC or its agents or employees may enter upon any lot at any reasonable time for inspection of any structure if the Board determines that such inspection is required for reasons related to health, safety or the reasonable enforcement of the rules, regulations or terms of this Declaration. 10.12 Documents to be submitted. The following documents are to be submitted to the ACC as part of any request for new construction: Building Plans Elevations List of building materials and outside color scheme Grading and Drainage Plan. As part of the Grading and Drainage Plans and requirements, each Lot shall provide a minimum of 335 cubic feet of stormwater detention volume as per the Plat Notes for the Froning Family Subdivision Final Plat recorded as reception # _______ in the Office of the Clerk and Recorder of Garfield County. This minimum amount of stormwater detention is specified in the Froning Family Subdivision Engineering Report. The engineer has the option of providing stormwater detention volume calculations showing the developed Lot stormwater runoff is less than or equal to the pre-development rate. Landscaping Plan (including details on conformance with “defensible space” criteria). Notes on the landscaping plan showing re-vegetation plans or means to prevent noxious weeds from becoming established should be shown. Fencing detail (if fencing is to be provided). Engineered Foundation Plan Site Specific soils and Percolation Test 2021 June - Froning Family Sub Page 23 of 29 Covenants Design of individual Septic Disposal System by a licensed engineer. Roof plan 2021 June - Froning Family Sub Page 24 of 29 Covenants ARTICLE 11 WATER AND WASTEWATER SERVICE REGULATIONS 11.1 Responsibility for Connection to Community Water system. Each lot owner will connect to the Froning Family Subdivision water system. All domestic water comes from a permitted well on the property (Red Hill Well No. 3). The system is composed of a 10,000 gallon storage tank, 6 inch main located in the common roadway, a 2 inch service line to each lot and a fire hydrant for additional fire protection. Plans for connection to the water system will be provided as part of the review for construction of the property and will be reviewed by the ACC. All water supply plans shall be stamped by a licensed engineer. 11.2 Water Meter Installation Required. Water meters are required to be installed as per the augmentation plan for the Property 11.3 Backflow Prevention Devices. If the Board determines that backflow prevention devices should be required for health and safety reasons, the Board may require each Lot Owner to install such devices. The Board may specify installation, design and specification criteria. 11.4 Maximum Irrigation Allowed. Lot 1 is permitted to have 2,000 SF of outside irrigated area. Lots 1-4 are each permitted to have 1,000 SF of irrigated area. 11.5 Maintenance of Water Meters Required. All owners of water meters are required to keep their meters and appurtenances thereto in good operating order at all times. 11.6 Maintenance of Water Service Lines and Repair of Leaks Required. All owners of water taps and water service lines on the Froning Family Subdivision water system are required to keep the tap and water service line in good working condition free of any leaks or damage. 11.7 Maintenance and Inspection of Backflow Prevention Devices Required. Each lot owner shall be required to maintain in good operating condition every backflow prevention device installed on their water service lines. Maintenance shall include annual inspections and testing of the backflow prevention device to insure that it is in good operating order. 11.8 Compliance with Water Decree Case No. 06 CW 195. The Subdivision is a beneficiary of an approved The augmentation Plan and the Ruling And decree of Case No. 06 CW 195 in District Court, Water Division No.5 of the State of Colorado. As a result of this, the related water rights, well permits and all easements and facilities related to the water system for this Subdivision are being transferred to the Association. The Association is responsible for ensuring that the terms and conditions of this decree are met. These include: 2021 June - Froning Family Sub Page 25 of 29 Covenants a) Maintaining the Water Service Contract with the Basalt Water Conservancy District in the amount of 1.0 acre foot pre-year that is presently in place. b) Ensuring that water meters noted in 11.2 are installed and maintained. c) Enforcing the maximum irrigation limits noted in 11.4 above. d) The Association will be responsible for filing the annual report with the Division Engineer by November 15 each year summarizing diversions and replacements made under the plan. e) The Associational will be responsible for all future maintenance of the Community Water system. 11.9 Individual Septic Disposal System. Each lot must provide their own Individual Septic Disposal System. Preliminary soils and percolation tests have been provided by HP Geotech of Glenwood Springs, Colorado. Each lot owner shall submit a soils and geologic report and an individual septic system design as part of their application for initial construction to the ACC. Submittals to the Garfield County Planning and Building Department for a building permit must contain all required documentation for an ISDS. ARTICLE 12 DURATION OF COVENANTS AND AMENDMENT 12.1 Term. The covenants and restrictions of this Declaration shall run with and bind the land in perpetuity. 12.2 Amendment of Declaration by Members. Except as otherwise provided in this Declaration, any provision, covenant, condition, restriction or equitable servitude contained in this Declaration may be added, amended or repealed at any time and from time to time upon approval of the amendment or repeal by Members of the Association holding at least sixty seven percent (67%) of the votes of all of the Members, regardless of which subdivision the Members' Lots are located within. Only one vote shall be counted per Lot. The approval of any such amendment or repeal shall be evidenced by the certification by the members to the Board of the Association of the votes of members. This vote may be conducted at the annual meeting or a special meeting. The amendment or repeal shall be effective upon recordation of a certificate executed by the president or a vice-president and the secretary or an assistant secretary of the Association setting forth the amendment or repeal in full and certifying that the amendment or repeal has been approved by the members. Any amendment to the Declaration made hereunder shall be effective only when recorded. All amendments 2021 June - Froning Family Sub Page 26 of 29 Covenants hereto shall be indexed in the grantee’s index in the name of the Association and in the grantor’s index in the name of each person executing the amendment. ARTICLE 13 GENERAL PROVISIONS 13.1 Enforcement. (a) Except as otherwise provided in this Declaration, the Board, or any Lot Owner shall have the right to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Board of the Association, or by any Owner to enforce any of the covenants or restrictions contained in this Declaration shall in no event be deemed a waiver of the right to do so thereafter. (b) The Association shall be entitled to enforce the provisions of this Declaration to the same extent as any Owner. The failure of the Association to enforce any of the limitations, restrictions, conditions or covenants contained herein shall not constitute a waiver of the right to enforce the same thereafter. No liability shall be imposed on, or incurred by, the Association as a result of such failure. The prevailing party in any action at law or in equity instituted by the Association to enforce or interpret said limitations, restrictions, conditions or covenants, shall be entitled to all costs incurred in connection therewith, including without limitation reasonable attorney’s fees. (c) Additional Remedy. In addition to the aforementioned remedies, the Association or its nominees, upon violation or breach of any covenant, restriction or condition contained in these protective covenants, may enter upon any Lot where such violation or breach exists and may abate or remove the thing or condition causing the violation or breach or may otherwise cure the violation or breach. The remedy described in this section may be exercised thirty (30) days after the Board notifies the Lot owner, in writing (by certified, return-receipt-requested mail), of the intent to exercise said remedy. The costs incurred shall be billed to and paid by the owner of the lot or homestead. If the owner of the property fails, after demand, to pay such costs, the Association shall have a lien, from and after the time a notice of such failure to pay is recorded in the Office of the County Clerk and Recorder, against the property of such owner for the amount due and not paid, plus interest from the date of demand for payment at the rate of twelve percent (12%) per annum, plus all costs and expense of collection, including reasonable attorney's fees. The lien may be foreclosed in the manner for foreclosure of mortgages and deeds of trust in the State of Colorado. 13.2 Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. 13.3 Conflicts Between Documents. In case of conflict between this Declaration and the Articles and the Bylaws of the Association, this Declaration shall 2021 June - Froning Family Sub Page 27 of 29 Covenants control. In case of conflict between the Articles and the Bylaws, the Articles shall control. 13.4. Protection of Encumbrancer. No violation or breach of any restriction, covenant or condition contained in these protective covenants and no action to enforce the same shall defeat, render invalid or impair the lien of any mortgage or deed of trust taken in good faith for value or the title or interest of the holder thereof or the title acquired by any purchaser upon foreclosure of any such mortgage or deed of trust. Any such purchaser shall, however, take title subject to these Protective Covenants that occurred prior to such foreclosure, which shall not be deemed breaches or violations hereof. 13.5. Severability. Each of the covenants, restrictions and conditions contained in these protective covenants shall be deemed independent and separate and the invalidation of any one shall not affect the validity and continuing effect of any other. 13.6 Paragraph Headings. The paragraph headings in this instrument are for convenience only and shall not be considered in construing the restrictions, covenants and conditions herein contained. 13.7 Waiver. Waiver or failure to enforce any restriction, covenant or condition in these protective covenants shall not operate as a waiver of any other restriction, covenant or condition. Now therefore, this DECLARATION OF PROTECTIVE COVENANTS of the Froning Family Subdivision, is hereby submitted as adopted and approved by a all of the Owners of the Property in writing and the Association. FRONING FAMILY SUBDIVISION HOMEOWNERS’ ASSOCIATION, A COLORADO NONPROFIT CORPORATION By: __________________________________ _____________________________, President STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The above and foregoing instrument was acknowledged before me this _____ day of _____, 2021, by _____________ as _________________ of the Froning Family Subdivision, a Colorado nonprofit corporation Witness my hand and seal. My commission expires: __________ 2021 June - Froning Family Sub Page 28 of 29 Covenants _______________________________ Notary Public By: __________________________________ _____________________________, President OWNERS OF THE REAL PROPERTY: STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The above and foregoing instrument was acknowledged before me this _____ day of _____, 2021, by _____________Witness my hand and seal. My commission expires: __________ _______________________________ Notary Public 2021 June - Froning Family Sub Page 29 of 29 Covenants EXHIBITS A. Legal Description B. Sharing Ratio: Percentage allocation of Assessments for each Lot in the Froning Family Subdivision C. Defensible Space Requirements (for Wildfire Mitigation) D. Plan Showing Meadow Area on Lots 3 and 4 E. Building Envelopes shown on Final Plat and Site and Utility Plan EXHIBIT A Legal Description PARCEL 1 PARCEL 1 OF THE LAPPALA ROAD 107 SUBDIVISION EXEMPTION PLAT RECORDED JULY 12, 1984 AS RECEPTION NO. 353934 OF THE GARFIELD COUNTY RECORDS, ALSO DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED IN LOT 4 OF SECTION 27, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, LYING EASTERLY OF THE EASTERLY RIGHT-OF- WAY LINE OF A 30 FOOT WIDE ACCESS AND UTILITY EASEMENT AND WESTERLY OF THE EAST LINE OF THE SW1/4NW1/4 OF SAID SECTION 27, SAID PARCEL OF LAND BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS CAP IN PLACE AND PROPERLY MARKED AS THE SOUTHEAST CORNER OF SAID SW1/4NW1/4; THENCE N 00°26'57" E 1024.43 FEET; THENCE N 67°16'18" W 557.62 FEET; THENCE S 73°16'34" W 114.05 TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF A 30 FOOT WIDE PRIVATE ACCESS AND UTILITY EASEMENT; THENCE ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID PRIVATE ACCESS AND UTILITY EASEMENT THE FOLLOWING COURSES: S 23°53' 41" W 31.37 FEET; THENCE 42.54 FEET ALONG THE ARC OF A 240.58 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 28°57'41" W 42.48 FEET; THENCE S 34°01' 34" W 76.90 FEET; THENCE 116.55 FEET ALONG THE ARC OF A 102.75 RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH BEARS S 01°31'55" W 110.40 FEET; THENCE S 30°57' 44" E 113.63 FEET; THENCE 119.50 FEET ALONG THE ARC OF A 114.23 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 0°59'35" E 114.13 FEET; THENCE S 28°58' 35" W 90.46 FEET; THENCE 172.04 FEET ALONG THE ARC OF A 287.39 FOOT RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH BEARS S 11°49'41" W 169.48 FEET; THENCE S 05°19' 14" E 13.87 FEET; THENCE 105.54 FEET ALONG THE ARC OF A 271.32 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 05°43' 03" W 103.89 FEET; THENCE S 16°45' 19" W 50.86 FEET; THENCE 70.92 FEET ALONG THE ARC OF A 151.91 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 30°07' 44" W 70.28 FEET; THENCE LEAVING THE EASTERLY RIGHT-OF-WAY LINE OF SAID PRIVATE ACCESS AND UTILITY EASEMENT ON A COURSE BEARING SOUTH 257.19 FEET; THENCE S 88°01' 21" E 772.36 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD, STATE OF COLORADO And PARCEL 2 A PARCEL OF LAND SITUATED IN LOT 4 OF SECTION 27, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, LYING EASTERLY OF THE EASTERLY RIGHT- OF-WAY LINE OF COUNTY ROAD NO. 107 AND WESTERLY OF THE EASTERLY RIGHT-OF-WAY LINE OF A 30 FOOT WIDE ACCESS AND UTILITY EASEMENT, SAID PARCEL OF LAND BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS CAP IN PLACE AND PROPERLY MARKED AS THE W/4 CORNER OF SAID SECTION 27; THENCE N 00°01'24'' E 367.15 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 107; THENCE ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD THE FOLLOWING COURSES: 63.35 FEET ALONG THE ARC OF A 135.88 FOOT RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH BEARS N 46°30'09'' E, 62.78 FEET; THENCE N 33°08'46'' E 217.96 FEET; THENCE 107.84 FEET ALONG THE ARC OF A 510.06 FOOT RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH BEARS N 27°05'22'' E 107.64 FEET; THENCE N 21°01'56" E 87.25; THENCE 66.46 FEET ALONG THE ARC OF A 157.93 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS N 33°05'16'' E 65.97 FEET; THENCE N 4500835FL E 40.25 FEET; THENCE 138.42 FEET ALONG ARC OF A 210.85 FOOT RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH BEARS N 26°20'08'' EAST 135.95 FEET; THENCE N 07°31'41'' E 127.76 FEET; THENCE 148.98 FEET ALONG THE ARC OF A 347.77 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS N 19°48'01" E 147.84 FEET; THENCE N 32°04'20'' E 73.53 FEET; THENCE LEAVING THE EASTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD NO. 107 ON A COURSE BEARING EAST 151.45; TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF A 30 FOOT WIDE PRIVATE ACCESS EASEMENT; THENCE ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID PRIVATE ACCESS EASEMENT THE FOLLOWING COURSES: S11°40'03" E 64.13 FEET; THENCE 18.80 FEET ALONG THE ARC OF A 237.55 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 09°24'00'' E, 18.80 FEET; THENCE S 07°07'57" E 71.96 FEET; THENCE N 17°16'34'' E 38.36 FEET TO A POINT ON THE EASTERLY RIGHT- OF-WAY LINE OF A 30 FOOT WIDE PRIVATE ACCESS AND UTILITY EASEMENT; THENCE ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID PRIVATE ACCESS AND UTILITY EASEMENT THE FOLLOWING COURSES: S 23°53'41'' W 31.37 FEET; THENCE 42.54 FEET ALONG THE ARC OF A 240.58 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 28°57'41'' W 42.48 FEET; THENCE S 34°01'34'' W 76.90 FEET; THENCE 116.55 FEET ALONG THE ARC OF A 102.75 FOOT RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH BEARS S 01°31'55" W 110.40 FEET; THENCE S 30°57'44" E 113.63 FEET; THENCE 119.50 FEET ALONG THE ARC OF A 114.23' RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 00°59'35'' E 114.13 FEET; THENCE S 28°58'35'' W 90.46 FEET; THENCE 172.04 FEET ALONG THE ARC OF A 287.39 FOOT RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH BEARS S 11°49'41'' W 169.48 FEET; THENCE S 05°19'14'' 13.87 FEET; THENCE 104.54 FEET ALONG THE ARC OF A 271.32 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 05°43'03'' W 103.89 FEET; THENCE S 16°45'19'' W 50.86 FEET; THENCE 70.92 FEET ALONG THE ARC OF A 151.91 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 30°07'44'' W 70.28 FEET; THENCE LEAVING THE EASTERLY RIGHT-OF-WAY LINE OF SAID PRIVATE ACCESS AND UTILITY EASEMENT ON A COURSE BEARING SOUTH 257.19 FEET; THENCE N 88°01'21'' W 533.0 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD, STATE OF COLORADO EXHIBIT B Sharing Ratio EXHIBIT C Defensible Space Requirements for Wildfire Mitigation WILDFIRE DEFENSIBLE SPACE Requirements Article 10 “Design Review” of the Protective Covenants requires a Landscape Plan/Defensible Space Plan as part of the Design Review for construction on any lot. The purpose of this is to mitigate wildfire potential and safeguard as much as possible all residential and other structures within the Subdivision. All owners are urged to consult with the Carbondale and Rural Fire Protection District while undertaking there wildfire defensible space plans. These plans should be undertaken in cooperation a Landscape Architect or other certified professional who is familiar with the standards. While there is a defensible space outline in these covenants it is understood that standards may change over time. Resources that should be consulted as part of the defensible space design and Design Review are:  NFPA Fire wise Recommendations  Colorado State Forest Service Recommendations Introduction The Froning Family Subdivision is located within an area prone to wildfire in the Red Hill Area north of Carbondale, Colorado. Vegetation in the area is known as Colorado Plateau pinion – juniper woodland. The vegetation, local climate and environmental condition make the area subject to fires, either natural or man- made. Lack of a major, public water supply is also an issue. The Froning Family Subdivision has made efforts to reduce this wildfire risk by providing 1) a common water system with fire hydrants and 10,000 gallon underground storage tank(s); and 2) cooperating with the property owner to the north in creating an Emergency Access Easement which can be utilized by the Carbondale Fire Department, Garfield County Officials and Emergency Service/First Responders.. The owners of the subdivision also wish to help mitigate wildfire concerns by creating “defensible space” around the structures that will be built within the development. Two factors have merged as the primary determinants of a home’s ability to survive wildfire. They are the fire restiveness of the home’s roofing material and the quality of “defensible space” surrounding it. The use of fire-resistive materials (Class B or better), to roof houses in the Red Hill Area, is critical. Defensible space is an area around a structure where fuels and vegetation are treated, cleared or reduced to slow the spread of wildfire towards a structure. It also reduces the chance of a structure fire from moving from a building to the surrounding forest and vegetation. The Defensible space Management Zones are classified into three areas. Zone 1 is the area of maximum modification and treatment. It consists of an area of 15 feet around the structure in which most or all flammable material is removed. This 15 feet area is measured from the outside edge of the home’s eaves and any attached structures, such as decks. Zone 2 is an area of fuel reduction. It is a transitional area between Zones 1 and 3. Defensible space in this case extends from 15 feet to 75 or 100 feet from the structure. Within this zone, the continuity and arrangement of vegetation is modified. Stressed, dying, diseased trees and shrubs should be removed. Remaining large trees and shrubs should be pruned. Some experts suggest that the Zone 2 boundary should extend to 100 feet. Please consult with your Landscape Architect or other certified professional. Zone 3 is an area of traditional forest management and is of no particular size. It extends from the edge of your defensible space to property boundary. Zone 1 Criteria • Brush, debris, and non-ornamental vegetation should be removed within 5 feet of any structure. Trees should be removed unless one or more are found to be of significant importance by the ACC. In that case, the tree should be considered part of the structure and the defensible space should be extended accordingly. Prune any branches to 10 feet above the ground and remove all “ladder fuels” from underneath the tree (ladder fuels are vegetation with vertical continuity that allows fire to burn from ground level up into the branches and crowns of trees. • Ornamental trees and vegetation are allowed. If planted in Zone 1, stay at least 5 feet away from the structure. Prune branches regularly of these ornamental shrubs/trees, up to a height of 10 feet above ground or ½ the height, whichever is least). • Do not store firewood or other combustible materials in Zone 1. • Rake pine needles and other organic debris at least 10 feet away from all decks and structures • Build decks of non-combustible materials, or screen decks with metal screening. Extend gravel coverage under the decks. Do not use areas under the decks for storage. • Under no circumstances should there be any branches within 15 feet of a chimney. Zone 2 Criteria • Thin trees and large shrubs so that there is at least 15 feet between crowns. Crown separation is measured from the furthest branch of one tree to the nearest branch of another. • On steep slopes, allow more space between tree crowns. Remove all ladder fuels from under these trees. Carefully prune to a height of 10 feet if possible. • Remove all deadfall within the 75 ft Zone 2 (radius of 75 feet from a structure). • Small clumps of 2 to 3 trees may be occasionally left in Zone 2. Leave more space between the crowns of these clumps and surrounding trees. • Isolated shrubs may remain, provided they are not under tree crowns. Prune and maintain these plants periodically to maintain vigorous growth. Remove dead stems from trees and shrubs annually. • Stack firewood and woodpiles uphill or on the same elevation as the structure, but at least 30 feet away. Clear and keep away flammable vegetation within 10 feet of these woodpiles. • Locate propane tanks at least 30 feet from structures, preferably on the same elevation as the house. Do not screen propane tanks with shrubs or vegetation. Burial of propane tanks is preferred. • Dispose of slash from your trees and shrubs by chipping or by piling and burning. If burning is preferred, contact the Carbondale & Rural Fire Protection district for procedures and for obtaining an open burn permit. Burning should not occur on red flag days. • Limit the number of dead trees (snags) to 1 or 2 per acre. Be sure snags cannot fall onto the house, roads or driveways. Note: The remainder of this Wildfire Defensible Space Plan is provided directly from the Carbondale and Rural Fire Protection District. In it they cite recommendations for Zone 3 from NFPA Firewise as well as the Colorado State Forest Service. It also outlines specific criteria for minimum tree spacing for Zone 3 and provides specific recommendations for Pinyon and Juniper Forests. Please note that in isolated cases, your particular “defensible space zone” may conflict with a neighbor’s along a property boundary. The most restrictive “zone” criteria should apply in this case. Check with the Colorado State University Cooperative Extension or consult a qualified arborist or Landscape Architect if ther are questions or concerns in this (or other) matters. NOTE; The following information is provided by the Carbondale & Rural Fire Protection District. Zone 3, 75/100-200 feet from structures: NFPA Firewise Recommendations Zone 3 is 100 to 200 feet from the home and this area should be thinned, although less space is required than in Zone 2. NOTE: Because of other factors such as topography, the recommended distances to mitigate for radiant heat exposure actually extend between 100 to 200 feet from the home – on a site-specific basis. In this area: Remove smaller conifers that are growing between taller trees. Remove heavy accumulation of woody debris. Reduce the density of tall trees so canopies are not touching. Colorado State Forest Service Recommendations A gradual transition into this zone from defensible space standards to other management objectives you may have is suggested. Typical management objectives for areas surrounding homesites or subdivisions are: provide optimum recreational opportunities; enhance aesthetics; maintain tree health and vigor; provide barriers for wind, noise, dust and visual intrusions; support limited production of firewood, fence posts and other forest commodities; or grow Christmas trees or trees for transplanting. Specific requirements will be dictated by your objectives for your land and the kinds of trees present. See Figure 5 for the minimum suggested spacing between “leave” trees. Forest management in Zone 3 is an opportunity for you to increase the health and growth rate of the forest in this zone. Keep in mind that root competition for available moisture limits tree growth and ultimately the health of the forest. A high canopy forest reduces the chance of a surface fire climbing into the tops of the trees and might be a priority for you if this zone slopes steeply. The healthiest forest is one that has multiple ages, sizes, and species of trees where adequate growing room is maintained over time. Remember to consider the hazards of ladder fuels. Multiple sizes and ages of trees might increase the fire hazard from Zone 3 into Zone 2, particularly on steep slopes. A greater number of wildlife trees can remain in Zone 3. Make sure that dead trees pose no threat to power lines or fire access roads. While pruning generally is not necessary in Zone 3, it may be a good idea from the standpoint of personal safety to prune trees along trails and fire access roads. Or, if you prefer the aesthetics of a well-manicured forest, you might prune the entire area. In any case, pruning helps reduce ladder fuels within the tree stand, thus enhancing wildfire safety. Mowing is not necessary in Zone 3. Any approved method of slash treatment is acceptable for this zone, including piling and burning, chipping or lop-and-scatter. Carbondale & Rural Fire Protection District 300 Meadowood Drive • Carbondale, CO 81623 • 970-963-2491 Fax 970-963-0569 Carbondale & Rural Fire Protection District 300 Meadowood Drive  Carbondale, CO 81623  970-963-2491 Fax 970-963-0569 Tree Diameter (in inches) Average Stem Spacing Between Trees (in feet) 310 411 512 613 714 815 916 10 17 11 19 12 21 13 23 14 24 15 26 16 28 17 29 18 31 19 33 20 35 21 36 22 38 23 40 24 42 Figure 5: Minimum tree spacing for Zone 3 Carbondale & Rural Fire Protection District 300 Meadowood Drive  Carbondale, CO 81623  970-963-2491 Fax 970-963-0569 Specific Recommendation for Piñion and Juniper Many piñon and juniper (PJ) forests are composed of continuous fuel that is highly flammable. Fire in PJ forests tend to burn intensely in the crowns of trees. Try to create a mosaic pattern when you thin these trees, with a mixture of individual trees and clumps of three to five trees. The size of each clump will depend on the size, health and location of the trees. The minimum spacing between individual trees should be 15 feet between tree crowns, with increasing space for larger trees, clumps, and stands on steeper slopes. Tree pruning for defensible space is not as critical in PJ forests as in pine or fir forests. Instead, it is more important to space the trees so that it is difficult for the fire to move from one tree clump to the next. Trees should only be pruned to remove dead branches or branches that are touching the ground. However, if desired, live branches can be pruned to a height of 3 feet above the ground. Removing shrubs that are growing beneath PJ canopies is recommended to reduce the overall fuel load that is available to a fire. It is NOT recommended to prune live branches or remove PJ trees between April and October, when the piñon ips beetle is active in western Colorado. Any thinning activity that creates the flow of sap in the summer months can attract these beetles to healthy trees on your property. However, it is acceptable to remove dead trees and dead branches during the summer months. Avoid accumulations of surface fuels, such as logs, branches, slash and wood chips greater than 4 inches deep.