HomeMy WebLinkAbout1.00 General Application Materials
MOUNTAIN VIEW PRELIMINARY PLAN APPLICATION
OWNER: RED DOG, LLC
GARFIELD COUNTY – January 2025
FORMERLY CALLED: NORTH 27
OWNER/APPLICANT/CONSULTANT LIST
OWNER/APPLICANT
RED DOG LLC
1011 MAIN ST.
CARBONDALE, CO 81623
KIRKENTERPRISES@COX.NET
480.216.2067
PLANNER/COORDINATION:
MARK CHAIN CONSULTING LLC
811 GARFIELD AVE
CARBONDALE, COLORADO 81623
(970) 309.3655
MCHAIN@SOPRIS.NET
SURVEYOR/CIVIL ENGINEER:
BOUNDARIES UNLIMITED
923 COOPER AVE., STE 201
Glenwood Springs, Co 81621
970.945.5252
ATTORNEY
CHAD LEE, ESQ.
JVAM
PO BOX 878
GLENWOOD SPRINGS, CO 81602
970.893.8242
WATER ATTORNEY
SARA DUNN, ESQ.
BALCOMB GREEN
PO BOX 790
818 COLORADO AVENUE
GLENWOOD SPRINGS, CO 81602
TABLE OF CONTENTS
Background/intent ………………………………………………………………………… p.2
Entitlement History ………………………………………………………………………. p.2
Project Site ………………………………………………………….……………………….. p.4
Development Plan Summary Information ………………………………… .. p.4
Improvement Survey, site plan and Draft Plat……………………………… p. 6
Compliance with Comprehensive Plan ………………………………………… p.10
Water Rights and Supply …………………………………………………………….. p.11
Visual Analysis ………………………………………..…………………………………… p.14
Article 7 Standards ……………………………………………………………………… p.19
Impact Analysis …………………………………………………………………………… p. 31
Mineral Rights …………………………………………………………………………….. p.35
Affordable Housing …………………………………………………………………….. p.37
Miscellaneous Planning Items……………………………………………………… p.37
Exhibits
Exhibit A Application and Related Forms
Exhibit B Relevant Deeds (Property Ownership)
Exhibit C Engineering Reports
Exhibit D Water Documents
Exhibit E CCR Outline
Exhibit F Improvements Agreement
Exhibit G Geotech Information
Exhibit H Mineral Rights Documents
Exhibit I Miscellaneous Correspondence
Exhibit J Past Approvals/Title Work/Property Information
Exhibit K Grant of easements and Declaration of Covenants, Conditions and Restrictions
for a portion of Peach Valley Orchard and the Simon Subdivision Exemption
Mountain View Preliminary Plan 1
MOUNTAIN VIEW MAJOR SUBDIVISION
PRELIMINARY PLAN
1. Background and Intent of Application
Red Dog LLC (owner and applicant) is submitting a Major Subdivision Preliminary Plan Application for
property that is 27.52 acres in size and has been known for the last 24 years as Lot 4 of the Simon
Subdivision Exemption. This is the second step in the major subdivision process; the Sketch Plan
Application was submitted in August 2023 with an update submitted in December 2023. . The proposal
remains the same; to develop 5 lots ranging in size from 3.9acres to 6.8 acres. Access for 4 these lots is
to be from County Road 261 with the fifth lot having access from Columbine Lane. The property is
located on Silt Mesa approximately 1.5 miles north of the Town of Silt and it is almost directly south of
the Harvey Gap reservoir. Two location maps are included in the following page.
Applicant intends to install an interior private road serving 4 of the lots and domestic water and
irrigation infrastructure. The plan is that that individual property owners will build on each of the lots.
They will be providing their own OWTS as part of a building permit application. Each lot is being
designed to have 1 single-family house with the ability to have an accessory dwelling unit. Owner will
pay School District Fees, transportation fees and any other fees as required by code. The distance of the
subject property from the Town of Silt infrastructure prevents connection to any municipal water or
wastewater facilities.
The subdivision as proposed is in compliance with the Town of Silt’s Comprehensive Plan, the Garfield
County Comprehensive Plan 2030 - 2020 Update. Developer will ensure that each lot is able to meet all
County standards for the Rural “R” Zone District and will be compliant with Article 7 Development
Standards as applicable.
2. Entitlement History
What is now Lot 4 of the Simon Subdivision Exemption (SSE) received approval in its present
configuration and legal description with the approval of the Simon Subdivision Exemption by virtue of
the adoption of Resolution 99 – 044 and the associated Exemption Plat. Copies of these recorded
documents are included as Exhibit J. That exemption created 4 lots and what is Lot 4 was sold to Paul
and John Currier, who applied for a Sketch Plan and Preliminary Plan under the name of North 27
Subdivision. They submitted an application for a Preliminary Plan in 2000. From a review of the staff
report and application, most of the issues were worked out with the exception of water supply. Lot 4
was sold to Terry, Julie and Gary Kirk in 2007. An application for Preliminary Plan was made once again.
That plan was recommended for denial because proof of a legal water supply and augmentation plan
had not been completed. The water analysis and augmentation plan and court cases continued to
follow their way through the system. The application was tabled while the application went through
Water Court, which took over 2 years. It was eventually dropped from the County’s agenda because of
the length of time; and therefore never received formal approval. The water court case was resolved
Mountain View Preliminary Plan 2
Garfield County, CO
Red Dog LLC
Location Map
Created by: Chain
Developed by
Account Number R005297
Parcel Number 212736100052
Acres 28
Land SqFt 0
Tax Area 020
2019 Mill Levy 74.6820
Physical Address 0
SILT 81652
Owner Address RED DOG LLC
1011 MAIN STREET
CARBONDALE CO 81623
2019 Total Actual Value $12,680 Last 2 Sales
Date Price
11/4/2019 $0
10/22/2019 $0
Date created: 7/29/2022
Last Data Uploaded: 7/29/2022 4:53:27 AM
5,998 ft
Overview
Legend
Parcels
Roads
Highways
Limited Access
Highway
Major Road
Local Road
Minor Road
Other Road
Ramp
Ferry
Pedestrian Way
Lakes & Rivers
County Boundary
Line
/RXQWDLQrWLHZrmUHOLPLQDU\rmODQ c
during the Kirks ownership but because of the Great Recession the application was not pursued for
approval.
A public hearing on the Sketch Plan was held in front of the Garfield County Planning Commission on
April 10, 2024. Comments on the application centered around the provision of domestic and irrigation
water supply and a concern related to the amount of traffic that would be generated from the project.
3.Project Site
The site is 27.52 acres in size and is rectangular in shape. The property is generally flat with no hills,
ridgelines or other such features. It has a gentle slope from north to south at 3 to 4%. The property has
legal access from 2 sides. On the eastern boundary is County Road 261 which is an improved County
Road. The property’s west boundary is adjacent to Columbine Lane, a private road associated with the
Peach Valley Orchard subdivision.
H P Geotech ( Now HP-Kumar) did a preliminary geologic assessment in November 1999. The report is
included as Exhibit C. The report notes the property is on a pediment alluvial surface. The report
indicates that the property is suitable to development and….” Not exposed to debris flow, landslides,
rock fall or general subsidence hazards”. There was some shallow groundwater found with the
investigation. Basement level construction may need to be limited but this will be determined in more
detail as we move forward through the Final Plan Stage. Kumar also produced an updated letter on the
application dated December 21, 2023.
4. Development Plan Summary Information
The chart below shows relevant summary information for the sketch plan as presently laid out:
Mountain View Sketch Plan Summary Information
Lot # Size Access
4A 6.787 Private Road from CR 261
4B 6.467 Private Road from CR 261
4C 5.642 Private Road from CR 261
4D 3.882 Private Road from CR 261
4E `4.0 Columbine Road (private)
Zoning: Rural
Water: 2 enlargements to the Simon Well approved per Augmentation Plan
Septic: OWTS for each lot
Irrigation: provided by Mountain View Infrastructure
0RXQWDLQ 9LHZ 3UHOLPLQDU\ 3ODQ
Access: previously noted
Total Acreage: 27.52
Ave. Lot Size: 5.504 Ac.
All associated infrastructure with the project including private road and all necessary utility work will the
undertaken by the developer, Red Dog LLC. The developer has entered into discussions with the
PVO/SSE HOA regarding timing of any well enlargements/new well for the Simon Well No. 1 and will
update staff during the Preliminary Plan Review process. At this point in time it is foreseen that
residential construction on any of the lots in Lot 4 of the Simon Subdivision Exemption will be the
responsibility of a private lot owner or developer. An individual OWTS for any of the lots will occur
concurrently with application or Building permit.
Any impact fees or School Dedication fees will be undertaken according to the Garfield County LUDC
procedures. The Applicant has coordinated with the Colorado River Fire & Rescue during the Sketch
Plan process to meet all concerns related to fire protection and mitigation as well as emergency access.
(See comments in Section 8 of this application narrative (Compliance with Article 7 standards (7-206)
An Improvement Survey Plat, site plan and draft preliminary plat sheet are included on the following
pages. Engineering Reports are included in Exhibit C.
Mountain View Preliminary Plan 5
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LOT 4
27.52 AC.
(VACANT)
Lot 1
Simon Subd. Exemption
Robert & Sylvia Maclaughlin
PO BOX 493
Silt, CO 81652
Lot 2
Simon Subd. Exemption
Kristin & William Howard
830 County Road 250
Silt, CO 81652Lot 12
Peach Valley Orchard Subd.
Martin Munoz & Maria Toole
1 Columbine Lane
Silt, CO 81652
Lot 14
Peach Valley Orchard Subd.
Loreto Ayala Villaman & Ayala Moroyoqui
68 Larkspur Court
Silt, CO 81652
Lot 19
Peach Valley Orchard Subd.
Nathan & Kelsey Miller
383 Columbine Lane
Silt, CO 81652
Lot 20
Peach Valley Orchard Subd.
Primitivo & Elsa Ochoa
256 Columbine Lane
Silt, CO 81652
Lot 21
Peach Valley Orchard Subd.
Kelly Mckee
755 County Road 261
Silt, CO 81652
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Lot 3
Simon Subd. Exemption
Tommy and Susan Junge
POB 827
Silt, CO 81652
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30
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Ø
75' ROAD EASEMENT FOR ACCESS TO LOT 4,
SIMON SUBD. EXEMPTION PER DECLARATIONS
IN DOC. 546583, JUNE 3, 1999.IRRIGATION POND
GREENHOUSE
15' WIDE
GRAVEL DRIVE
FENCE
ELECTRIC METER
RECOVERED 3' WITNESS CORNER
NO. 4 REBAR W/ YELLOW PLASTIC
CAP "WC 13501"
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PUMPHOUSE
RECOVERED NO. 4 REBAR W/
YELLOW PLASTIC CAP "13501"
RECOVERED NO. 4 REBAR W/
YELLOW PLASTIC CAP "13501"
TELEPHONE PAD
WATER SERVICE
FENCE
RECOVERED NO. 4 REBAR W/
YELLOW PLASTIC CAP "13501"
RECOVERED NO. 4 REBAR W/
YELLOW PLASTIC CAP "13501"
RECOVERED NO. 4 REBAR W/
YELLOW PLASTIC CAP "13501"
RECOVERED WITNESS CORNER
SGM ALUM. CAP "WC 13501"
FENCE MEANDERS OFF AND
ON THE PROPERTY LINE
FENCE MEANDERS OFF AND
ON THE PROPERTY LINE
FENCE
FENCE MEANDERS OFF AND
ON THE PROPERTY LINE
DITCH (SEE NOTE 12)
DITCH (SEE NOTE 12)
DITCH (SEE NOTE 12)
DITCH (SEE NOTE 12)
DITCH (SEE NOTE 12)
GRAVEL DRIVESHARED DRIVEWAY
655.78'
22.5'ELECTRIC PAD
63
9
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2
2
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20' EASEMENT FOR DRAINAGE AND
DITCH PURPOSES (SEE NOTE 15)
20' EASEMENT FOR DRAINAGE AND
DITCH PURPOSES (SEE NOTE 15)
DITCH (SEE NOTE 12)
15' EASEMENT FOR DRAINAGE AND
DITCH PURPOSES (SEE NOTE 15)
C/L 15' EASEMENT TO PUBLIC
SERVICE COMPANY OF
COLORADO (SEE NOTE 18)
17.6'
25.2'
31.0'
9.
2
'
10
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5
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FENCEFENCE
30"Ø CMP
OVERHEAD ELECTRIC LINE
ACCESS
ACCESS
NORTH
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923 Cooper Avenue
Suite 201
Glenwood Springs, CO 81601
tele: 970.945.5252
fax: 970.384.2833
Engineer or Surveyor
Seal
Sheet
Client Information:
PROJECT NO.
FILE NAME:
Designer:
Drafter:
Date:
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5/18/22
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09016-v-topo.dwg
09016
xxx.xxx.xxxx
Carbondale, CO 81623
1011 Main St.
Red Dog LLC.
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Scale: 1" = 100'
NOTICE:
ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION
BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU
FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY LEGAL ACTION BASED
UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS
FROM THE DATE OF THE CERTIFICATION SHOWN HEREON.
Improvement Survey Plat
Lots 4, Simon Subdivision Exemption
County of Garfield,
State of Colorado
X X X X X EXISTING FENCE
PROPERTY/RIGHT-OF-WAY LINE
EXISTING BUILDING LINE
LEGEND
7890
EXISTING 1' CONTOUR
EXISTING 5' CONTOUR
EXISTING WATER SERVICE/SHUTOFFWSO
E
FOUND #4 REBAR WITH ALUMINUM CAP
SURVEY NOTES
1. THIS SURVEY WAS PREPARED WITH THE USE OF A CURRENT TITLE COMMITMENT PROVIDED BY LAND TITLE GUARANTEE COMPANY (ORDER NO. GW63018795,
DATED MAY 06, 2022) AND DOES NOT CONSTITUTE A TITLE SEARCH BY BOUNDARIES UNLIMITED INC. TO DETERMINE TITLE OR EASEMENTS OF RECORD.
2. THIS PLAT WAS PREPARED FOR THE EXCLUSIVE USE OF RED DOG LLC NAMED IN THE STATEMENT HEREON. SAID STATEMENT DOES NOT EXTEND TO ANY
UNNAMED PERSON WITHOUT AN EXPRESS STATEMENT BY THE SURVEYOR NAMING SAID PERSON.
3. THIS SURVEY IS VALID ONLY IF PRINT HAS THE SEAL AND ORIGINAL SIGNATURE OF SURVEYOR.
4.BASIS OF BEARINGS: N1°07'25"E BETWEEN THE ALUMINUM CAP FOUND AT THE E1/4 CORNER (L.S. 13501) AND THE SGM ALUMINUM CAP FOUND AT THE NE
CORNER OF SECTION 36.
5. DATE OF FIELDWORK: APRIL 5, 2022.
6. UNITS OF MEASURE FOR ALL DIMENSIONS SHOWN HEREON IS U.S. SURVEY FEET.
7. SITE BENCHMARK: TOP OF ALUMINUM CAP (3' WITNESS CORNER) AT NORTHEAST PROPERTY CORNER, ELEVATION 5841.86 (NAVD 88 DATUM). CONTOUR
INTERVAL = 1 FOOT. CONTOURS SHOWN ARE FROM 2016.
8. SUBJECT PROPERTY IS ZONED RURAL WITH THE FOLLOWING SETBACKS:
8.1. FRONT YARD: 25-FEET;
8.2. REAR YARD: 25-FEET;
8.3. SIDE YARD: 10-FEET.
9. NO EXCAVATIONS WERE MADE DURING THE PROCESS OF THIS SURVEY TO LOCATE BURIED UTILITIES AND/OR STRUCTURES. ALL UNDERGROUND UTILITIES
SHOULD BE FIELD LOCATED BY THE APPROPRIATE UTILITY COMPANY PRIOR TO ANY CONSTRUCTION OR EXCAVATION ON OR ADJACENT TO THE SUBJECT
PROPERTY.
10. ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT AND/OR BOUNDARY MONUMENT OR ACCESSORY,
COMMITS A CLASS TWO (2) MISDEMEANOR PURSUANT TO STATE STATUTE C.R.S. SEC. 18-4-508.
11. THE WORD "CERTIFY" AS SHOWN AND USED HEREON MEANS AN EXPRESSION OF PROFESSIONAL OPINION REGARDING THE FACTS OF THIS SURVEY AND DOES
NOT CONSTITUTE A WARRANTY OR GUARANTEE, EXPRESSED OR IMPLIED.
12. RESERVATION OF DITCH RIGHTS AS CONTAINED IN INSTRUMENT RECORDED , FEBRUARY 25, 1910 IN BOOK 79 AT PAGE 407 AFFECT SUBJECT PROPERTY. THE
DEED COVERS 240 ACRES APPROXIMATELY UPHILL OF PROPERTIES TO SOUTH RECEIVING IRRIGATION WATERS BY THIS DEED.
13. TERMS, CONDITIONS AND PROVISIONS OF OIL AND GAS LEASE RECORDED MARCH 17, 2006 IN BOOK 1780 AT PAGE 766 EXPIRED IN FIVE (5) YEARS, 2011.
ASSIGNMENT OF OIL AND GAS LEASES RECORDED JULY 6, 2007 IN BOOK 390 AT PAGES 390 AND 392 MAY AFFECT SUBJECT PROPERTY.
14. TERMS, CONDITIONS AND PROVISIONS OF QUIT CLAIM RECORDED OCTOBER 4, 1999 IN BOOK 1153 AT PAGE 743 AFFECT SUBJECT PROPERTY.
15. EASEMENTS AND NOTES ON THE PLAT OF SIMON SUBDIVISION EXEMPTION PLAT (GARFIELD COUNTY RESOLUTION RECORDED APRIL 20, 1999 IN BOOK 1125
AT PAGE 434) RECORDED APRIL 21, 1999 UNDER RECEPTION NUMBER 544219.
16. TERMS, CONDITIONS PROVISIONS AND OBLIGATIONS OF GRANT OF EASEMENTS AND DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
RECORDED JUNE 3, 1999 IN BOOK 1133 AT PAGE 54 AFFECT SUBJECT PROPERTY.
17. TERMS, CONDITIONS PROVISIONS AND OBLIGATIONS OF PAID UP OIL AND GAS LEASE RECORDED JUNE 24, 2011 UNDER RECEPTION NUMBER 804309
AFFECTED SUBJECT PROPERTY MAY 02, 2011, IT EXPIRED IN FIVE (5) YEARS, 2016.
18. EASEMENT TO PUBLIC SERVICE COMPANY OF COLORADO RECORDED OCTOBER 10,2018 UNDER RECEPTION NUMBER 912741 IS SHOWN ON SURVEY.
SURVEYOR'S CERTIFICATE
I, STEVEN L. SMITH, BEING A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, DO HEREBY
CERTIFY TO RED DOG LLC THAT THIS IS AN IMPROVEMENT SURVEY PLAT AS DEFINED BY C.R.S. 38-51-102(9), AND THAT IT IS A MONUMENTED LAND SURVEY
SHOWING THE CURRENT LOCATION OF ALL STRUCTURES, VISIBLE UTILITIES, FENCES, HEDGES, OR WALLS SITUATED ON THE DESCRIBED PARCEL AND WITHIN FIVE
FEET OF ALL BOUNDARIES OF SUCH PARCEL, ANY CONFLICTING BOUNDARY EVIDENCE OR VISIBLE ENCROACHMENTS, AND ALL EASEMENTS, UNDERGROUND
UTILITIES, AND TUNNELS FOR WHICH PROPERLY RECORDED EVIDENCE IS PROVIDED LAND TITLE GUARANTEE COMMITMENT FOR TITLE INSURANCE (ORDER NO.
GB63000653, DATED JULY 18, 2007), OR OTHER SOURCES AS SPECIFIED ON THE IMPROVEMENT SURVEY PLAT.
BY: STEVEN L. SMITH, REGISTERED LAND SURVEYOR
COLORADO. NO. 25642
FOR AND ON BEHALF OF BOUNDARIES UNLIMITED INC.
COUNTY SURVEYOR'S CERTIFICATE
DEPOSITED THIS DAY OF , 2022, AT O'CLOCK M., IN BOOK OF THE COUNTY
SURVEYORS LAND SURVEY PLATS/RIGHT-OF-WAY SURVEYS AT PAGE , RECEPTION NO. .
THIS IMPROVEMENT SURVEY PLAT APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS OR DRAFTING. COMPILES
WITH SECTION 38-51-101 AND 102 COLORADO REVISED STATUTES.
GARFIELD COUNTY SURVEYOR DATE
EXISTING ELECTRIC PAD
25642
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18 MAY 2022
7889
Vicinity Map
1" = 4,000'
LEGAL DESCRIPTION
LOT 4, SIMON SUBDIVISION EXEMPTION,
R. N. 544219
TBD County Road 261
Lot 4 - Simon Subdivision Exemption
County of Garfield,
State of Colorado
Parcel No: 2127-361-00-052
EXISTING GRAVEL DRIVE
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Silt
Mountain View Preliminary Plan 6
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EX. GREENHOUSE
Parcel No.
2127-361-00-049
Parcel No.
2127-361-00-050
Parcel No.
212736101009
Parcel No.
2127-361-01-010
Parcel No.
2127-361-01-005 Parcel No.
2127-361-01-003
Parcel No.
2127-361-01-001
Parcel No.
2125-311-00-046
Parcel No.
2127-361-00-051
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Lot 4-E
174246 sf
4.000 Ac±
Lot 4-A
295648 sf
6.787 Ac±
Lot 4-C
246406 sf
5.657 Ac±
WSO
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20' POTABLE UTILITY EASEMENT
DEDICATED WITH THIS PLAT
FOUND WITNESS CORNER
NO.4 REBAR W/ PC "WC 13501"
(3.2' E)
FOUND NO. 4 REBAR
& PC "13501"
(0.3' N)
FOUND NO. 4 REBAR
& PC "13501"
(0.5' E)
FOUND NO. 4 REBAR
& PC "13501"
(0.6' E)
FOUND NO. 4 REBAR
& PC "13501"
FOUND NO. 4 REBAR
& PC "13501"
FOUND WITNESS CORNER:
SGM ALUM. CAP "WC 13501"
BEARS N 01°O7'25 E, 20.00' FROM
THE NE1/4NE1/4 SECTION 36 AND
N 01°0725" E, 454.40'
FROM THE POINT OF BEGINNING
EX. FENCE
EX. FENCE
EX. LINED
IRRIGATION
POND
EX. FENCE
EX. IRRIGATION
PUMPHOUSE
EX. FENCE
EX. DRAINAGE
EX. DRAINAGE
EX. DRAINAGE
EX.DITCH
SHARED DRIVEWAY
EX. FENCE
EX. ACCESS
EX. ACCESS W/
CONCRETE APRON
& 15"Ø CMP
IRRIGATION EASEMENT
DEDICATED WITH THIS PLAT
EX. DITCH
CENTERLINE PSCOC EASEMENT
N89° 21' 27"E 655.78'
(RN 912741)
CENTERLINE PSCOC EASEMENT
N0° 38' 33"W 639.22'
(RN 912741)
CENTERLINE PSCOC EASEMENT
S89° 21' 27"W 22.50'
(RN 912741)
S75° 39' 34"E
31.16'
S75° 39' 34"E
62.35'
N89° 21' 27"E
98.44'
40
.
0
0
'
44
0
.
7
4
'
686.98'
704.33'
40
7
.
0
1
'
N89° 21' 39"E 1351.83'
S0
1
°
0
7
'
2
4
"
W
88
7
.
7
5
'
S89° 21' 27"W1350.12'
N0
1
°
0
0
'
4
6
"
E
88
7
.
7
8
'
28
5
.
3
8
'
60
2
.
4
0
'
549.21'98.29'
N55°
3
5
'
2
8
"
E
173.8
0
'
S47
°
4
7
'
3
6
"
W
116
.
4
6
'
N52°
3
8
'
0
2
"
E
148.
3
2
'
N42
°
4
3
'
2
0
"
E
61.9
3
'
N29
°
5
2
'
1
3
"
E
341
.
8
9
'
663.14'
S90° 00' 00"W570.45'
S88° 52' 36"E
76.74'C 1
N0
0
°
3
8
'
3
3
"
W
32
4
.
9
0
'
N80° 51' 37"E
248.82'
S0
0
°
3
8
'
3
3
"
E
37
3
.
1
6
'
C
8
S89° 21' 27"W
110.00'
40' RIGHT-OF-WAY
DEDICATED WITH THIS PLAT
75' ROAD EASEMENT FOR ACCESS TO
LOT 4, SIMON SUBD. EXEMPTION PER
DECLARATIONS (RN 546583)
15' EASEMENT FOR DRAINAGE
AND DITCH (RN 544219)
20' EASEMENT FOR DRAINAGE
AND DITCH (RN 544219)20' EASEMENT FOR DRAINAGE
AND DITCH (RN 544219)
20' EASEMENT FOR DRAINAGE
AND DITCH (RN 544219)
20' EASEMENT FOR
DRAINAGE AND DITCH
DEDICATED WITH THIS PLAT
10' DRAINAGE & UTILITY EASEMENT
DEDICATED WITH THIS PLAT
50' DRAINAGE & UTILITY EASEMENT
DEDICATED WITH THIS PLAT
10' DRAINAGE & UTILITY EASEMENT
DEDICATED WITH THIS PLAT
10' DRAINAGE & UTILITY EASEMENT
DEDICATED WITH THIS PLAT
Lot 4-B
281631 sf
6.465 Ac±
Lot 4-D
170073 sf
3.904 Ac±
ROW
30812 sf
0.707 Ac±
N88° 52' 36"W
76.74'
C 2
S80° 51' 37"W
175.99'
C 3
C 4
C
5
C6
C7
N61° 32' 26"E
23.62'
E
S1
4
°
2
0
'
2
6
"
W
20
0
.
8
6
'
E
FOUND NO. 4 REBAR
& PC "13501"
(0.8' NE)
EX. ELECTRIC TRANSFORMER
CENTERLINE
PSCOC EASEMENT
N1° 40' 30"W 7.50'
(RN 912741)
131.24'
N0
°
0
0
'
0
0
"
E
24
1
.
2
2
'
CENTERLINE 10' IRRIGATION EASEMENT
DEDICATED WITH THIS PLAT
NE1/4NE1/4 SECTION 36
(NOT FOUND)
POINT OF BEGINNING
PARCEL CURVE DATA
SEGMENT
C1
C2
C3
C4
C5
C6
C7
C8
LENGTH
272.27'
265.10'
41.47'
76.52'
79.10'
53.70'
209.33'
146.12'
RADIUS
1520.00'
1480.00'
30.00'
50.00'
50.00'
50.00'
50.00'
85.00'
DELTA
10°15'47"
10°15'47"
79°11'35"
87°41'25"
90°38'33"
61°32'26"
239°52'25"
98°29'50"
TANGENT
136.50'
132.91'
24.82'
48.02'
50.56'
29.77'
-86.82'
98.64'
CHORD DIR.
S85° 59' 30"W'
S85° 59' 30"W'
S41° 15' 49"W'
S45° 30' 44"W'
N45° 19' 16"W'
N30° 46' 13"E'
N58° 23' 46"W'
S49° 53' 28"E'
CHORD LEN.
271.90'
264.75'
38.24'
69.27'
71.11'
51.16'
86.66'
128.78'
PRELIMINARY PLAT
Mountain View Subdivision
A TRACT OF LAND SITUATED IN THE NE 1/4 NE
1/4 OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE
92 WEST OF THE 6TH PRINCIPAL MERIDIAN,
COUNTY OF GARFIELD, STATE OF COLORADO
NOTES
1.THE PURPOSE OF THIS PLAT IS TO SUBDIVIDE THE SUBJECT PROPERTY INTO FIVE (5) PARCELS.
2.BASIS OF BEARING: ALL BEARINGS BASED ON THE LINE BETWEEN A WITNESS CORNER FOR THE NORTHEAST CORNER OF
SECTION 36, REBAR WITH ALUMINUM CAP#WC 13501 , AND A POINT ON THE EAST LINE OF SAID NORTHEAST 1/4 OF THE
NORTHEAST 1/4 OF SECTION 36 HAVING A BEARING OF S01°07'25"W AS SHOWN HEREON.
3.DATE OF SURVEY: MAY 2022.
4.UNITS OF LINEAR MEASUREMENT ARE DISPLACED IN U.S. SURVEY FEET.
5.THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY BOUNDARIES UNLIMITED INC. TO DETERMINE OWNERSHIP OR
EASEMENTS OF RECORD. BOUNDARIES UNLIMITED INC. RELIED UPON LAND TITLE GUARANTEE COMPANY, COMMITMENT
NUMBER GWS63018795, DATED MAY 6, 2022.
6.THE PARCEL IS SUBJECT TO:
a.RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND
TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED FEBRUARY 28, 1894, IN
BOOK 12 AT PAGE 299.
b.RESERVATION OF DITCH RIGHTS AS CONTAINED IN INSTRUMENT RECORDED FEBRUARY 25, 1910 IN BOOK 79 AT PAGE 407.
c.TERMS, CONDITIONS AND PROVISIONS OF GARFIELD COUNTY RESOLUTION RECORDED APRIL 20, 1999 IN BOOK 1125 AT
PAGE 434.
d.TERMS, CONDITIONS AND PROVISIONS OF OIL AND GAS LEASE RECORDED MARCH 17, 2006 IN BOOK 1780 AT PAGE 766,
ASSIGNMENT OF OIL AND GAS LEASE RECORDED JULY 6, 2007 IN BOOK 1947 AT PAGE 390 AND RECORDED JULY 6, 2007
IN BOOK 1947 AT PAGE 392 AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
e.TERMS, CONDITIONS AND PROVISIONS OF QUIT CLAIM DEED RECORDED OCTOBER 04, 1999 IN BOOK 1153 AT PAGE 743.
f.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF SIMON SUBDIVISION
EXEMPTION PLAT RECORDED APRIL 21, 1999, UNDER RECEPTION NO. 544219.
g.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF GRANT OF EASEMENTS AND DECLARATION OF COVENANTS,
CONDITIONS, AND RESTRICTIONS RECORDED JUNE 3, 1999 IN BOOK 1133 AT PAGE 54.
h.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF PAID UP OIL AND GAS LEASE RECORDED JUNE 24, 2011 AS
RECEPTION NO. 804309.
i.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EASEMENT TO PUBLIC SERVICE COMPANY OF COLORADO
RECORDED OCTOBER 10, 2018 AS RECEPTION NO. 912741.
7.ALL NOT-FOUND EXTERIOR AND INTERIOR LOT CORNERS, SHALL BE MONUMENTED BY A NO. 5 REBAR WITH A 1 1/2"
ALUMINUM CAP STAMPED "BU-INC LS 25642".
8.FENCES SHOWN HEREON, IF ANY ARE SHOWN FOR GENERAL REFERENCE AND DO NOT NECESSARILY DEPICT LIMITS OF
OWNERSHIP.
9.CONTROL OF NOXIOUS WEEDS IS THE RESPONSIBILITY OF THE PROPERTY OWNER.
10.NO OPEN HEARTH SOLID-FUEL FIREPLACES WILL BE ALLOWED ANYWHERE WITHIN THE SUBDIVISION. ONE NEW SOLID-FUEL
BURNING STOVE AS DEFINED BY C.R.S. 25-7-401, ET.SEQ., AND THE REGULATIONS PROMULGATED THEREUNDER, WILL BE
ALLOWED IN ANY DWELLING UNIT. ALL DWELLING UNITS WILL BE ALLOWED AN UNRESTRICTED NUMBER OF NATURAL GAS
STOVES AND APPLIANCES.
11.ALL EXTERIOR LIGHTING SHALL BE THE MINIMUM AMOUNT NECESSARY AND THAT ALL EXTERIOR LIGHTING SHALL BE
DIRECTED INWARD AND DOWNWARD, TOWARDS THE INTERIOR OF THE SUBDIVISION, EXCEPT THAT PROVISIONS MAY BE MADE
TO ALLOW FOR SAFETY LIGHTING THAT GOES BEYOND THE PROPERTY BOUNDARIES.
12.COLORADO IS A "RIGHT-TO-FARM" STATE PURSUANT TO C.R.S.35-3-11, ET. SEQ. LANDOWNERS, RESIDENTS AND VISITORS
MUST BE PREPARED TO ACCEPT THE ACTIVITIES, SIGHTS, SOUNDS AND SMELLS OF GARFIELD COUNTY'S AGRICULTURAL
OPERATIONS AS A NORMAL AND NECESSARY ASPECT OF LIVING IN A COUNTY WITH A STRONG RURAL CHARACTER AND A
HEALTHY RANCHING SECTOR. THOSE WITH AN URBAN SENSITIVITY MAY PERCEIVE SUCH ACTIVITIES, SIGHTS, SOUND, AND
SMELLS ONLY AS INCONVENIENCE, EYESORE, NOISE AND ODOR. HOWEVER, STATE LAW AND COUNTY POLICY PROVIDE THAT
RANCHING, FARMING AND OTHER AGRICULTURAL ACTIVITIES AND OPERATIONS WITHIN GARFIELD COUNTY SHALL NOT BE
CONSIDERED TO BE NUISANCES SO LONG AS OPERATED IN CONFORMANCE WITH THE LAW AND IN A NON-NEGLIGENT
MANNER. THEREFORE, ALL MUST BE PREPARED TO ENCOUNTER NOISES, ODOR, LIGHTS, MUD, DUST, SMOKE, CHEMICALS,
MACHINERY ON PUBLIC ROADS, LIVESTOCK ON PUBLIC ROADS, STORAGE AND DISPOSAL OF MANURE, AND THE APPLICATION
BY SPRAYING OR OTHERWISE OF CHEMICAL FERTILIZERS, SOIL AMENDMENT, HERBICIDE, AND PESTICIDES, ANY ONE OR MORE
OF WHICH MAY NATURALLY OCCUR AS PART OF LEGAL AND NON-NEGLIGENT AGRICULTURAL OPERATIONS.
13.ALL OWNERS OF LAND, WHETHER RANCH OR RESIDENCE, HAVE OBLIGATIONS UNDER STATE LAND AND COUNTY REGULATIONS
WITH REGARD TO THE MAINTENANCE OF FENCES AND IRRIGATION DITCHES, CONTROLLING WEEDS, KEEPING LIVESTOCK AND
PETS UNDER CONTROL, USING PROPERTY IN ACCORDANCE WITH ZONING, AND OTHER ASPECTS OF USING AND MAINTAINING
PROPERTY. RESIDENTS AND LANDOWNERS ARE ENCOURAGED TO LEARN ABOUT THESE RIGHTS AND RESPONSIBILITIES AND
ACT AS GOOD NEIGHBORS AND CITIZENS OF THE COUNTY. A GOOD INTRODUCTORY SOURCE OF SUCH INFORMATION IS "A
GUIDE TO RURAL LIVING & SMALL SCALE AGRICULTURE" PUT OUT BY THE COLORADO STATE UNIVERSITY EXTENSION OFFICE IN
GARFIELD COUNTY.
14.THE MINERAL RIGHTS ASSOCIATED WITH THIS PROPERTY MAY NOT BE TRANSFERRED WITH THE SURFACE ESTATE, THEREFORE
ALLOWING THE POTENTIAL FOR NATURAL RESOURCE EXTRACTION ON THE PROPERTY BY THE MINERAL ESTATE OWNER(S) OR
LESSEE(S).
15.DOMESTIC DOGS KEPT ON THE PROPERTY SHALL BE IN A FENCED YARD OR ON A LEASH TO PREVENT HARASSMENT OF
WILDLIFE, EXCEPT AS USED FOR LIVESTOCK CONTROL.
16.FENCING ON THE PROPERTY SHALL COMPLY WITH THE COLORADO PARKS AND WILDLIFE SPECIFICATIONS FOR WILDLIFE
FRIENDLY FENCING.
17.ENGINEER DESIGNED ONSITE WASTEWATER TREATMENT SYSTEMS ARE REQUIRED WITH THIS SUBDIVISION.
18.ENGINEER DESIGNED FOUNDATIONS ARE REQUIRED WITHIN THIS SUBDIVISION.
19.DITCH OWNER(S) RIGHTS: COLORADO STATE STATUTES 37-86-102 PROVIDES THAT ANY PERSON OWNING A WATER RIGHT OR
CONDITIONAL WATER RIGHT SHALL BE ENTITLED TO A RIGHT-OF-WAY THROUGH THE LANDS WHICH LIE BETWEEN THE POINT
OF DIVERSION AND POINT OF USE OR PROPOSED USE FOR THE PURPOSE OF TRANSPORTING WATER FOR BENEFICIAL USE IN
ACCORDANCE WITH SAID WATER RIGHT OR CONDITIONAL WATER RIGHT. ANY IMPACT, CHANGE OR CROSSING OF A DITCH
SHALL REQUIRE APPROVAL FROM THE DITCH OWNER.
20.WILDFIRE PREVENTION GUIDELINES OF THE U.S.F.S. AND COLORADO STATE FORESTER SHALL BE INCORPORATED IN HOME
CONSTRUCTION AND SITE PLANNING AND DESIGN.
21.A GEOLOGIC HAZARDS AND GEOTECHNICAL INVESTIGATION SHALL BE REQUIRED FOR ALL FUTURE IMPROVEMENTS REQUIRING
A BUILDING PERMIT OR FURTHER SUBDIVISION. SUCH INVESTIGATION SHALL ADDRESS AT A MINIMUM THE POTENTIAL FOR
HYDROCOMPACTIVE SOILS (SOILS EXHIBITING COMPRESSION OR COLLAPSE UNDER LOADING AND/OR WETTING), SEASONALLY
SHALLOW GROUNDWATER AND PERCHED WATER, AND FLASH FLOODING AND EROSION ALONG HELMER GULCH.
19)ANY FUTURE GRADING OR BUILDING PERMITS REQUIRE A SITE-SPECIFIC SUBSURFACE INVESTIGATION, CONSISTING OF
BORINGS OR TEST PITS, LABORATORY TESTING AND ANALYSIS, AND SITE-SPECIFIC GEOTECHNICAL RECOMMENDATIONS
(FOUNDATION, FLOOR SYSTEM, SURFACE AND SUBSURFACE DRAINAGE, PAVEMENT, ETC.) TO BE SUBMITTED WITH THE
PERMIT APPLICATION.
20)ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY
WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN
THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON
CERTIFICATE OF DEDICATION AND OWNERSHIP (DEEDED)
THE UNDERSIGNED RED DOG LLC, A COLORADO LIMITED LIABILITY COMPANY, BEING SOLE OWNER(S) IN FEE SIMPLE
OF ALL THAT REAL PROPERTY SITUATED IN GARFIELD COUNTY, DESCRIBED AS FOLLOWS:
LOT 4
A TRACT OF LAND SITUATED IN THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 36, TOWNSHIP 5 SOUTH,
RANGE 92 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4 WHENCE A WITNESS
CORNER FOR THE NORTHEAST CORNER OF SAID SECTION 36 BEARING N 01°07'25" E, 20.00-FEET FROM SAID
NORTHEAST CORNER BEARS N 01° 07'25" E, 454.40-FEET;
THENCE S 01°07'25" W, 887.75-FEET TO THE SOUTHEAST CORNER OF SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4;
THENCE S 89°21'27" W, 1350.12-FEET TO THE SOUTHWEST CORNER OF SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4;
THENCE ALONG THE WEST LINE OF SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4, N 01°00'46", E 887.78-FEET;
THENCE N 89°21'39" E, 1351.83 FEET TO THE POINT OF BEGINNING.
ALSO KNOWN AS
LOT 4
SIMON SUBDIVISION EXEMPTION PLAT
ACCORDING TO THE PLAT RECORDED APRIL 21, 1999 AS RECEPTION NO. 544219.
COUNTY OF GARFIELD
STATE OF COLORADO
CONTAINING 27.521 ACRES, MORE OR LESS, HAVE CAUSED THE DESCRIBED REAL PROPERTY TO BE SURVEYED, LAID
OUT, PLATTED AND SUBDIVIDED INTO LOTS AND BLOCKS AS SHOWN ON THIS PLAT UNDER THE NAME AND STYLE OF
Mountain View SUBDIVISION, A SUBDIVISION IN THE COUNTY OF GARFIELD. THE OWNERS DO HEREBY DEDICATE AND
SET APART ALL OF THE STREETS AND ROADS AS SHOWN ON THE ACCOMPANYING PLAT TO THE USE OF THE PUBLIC
FOREVER, AND HEREBY DEDICATES TO THE PUBLIC UTILITIES THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE
LABELED AS UTILITY EASEMENTS ON THE ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATION
AND MAINTENANCE OF UTILITIES, IRRIGATION AND DRAINAGE FACILITIES INCLUDING, BUT NOT LIMITED TO, ELECTRIC
LINES, GAS LINES AND TELEPHONE LINES, TOGETHER WITH THE RIGHT TO TRIM INTERFERING TREES AND BRUSH, WITH
PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH LINES. SUCH
EASEMENT AND RIGHTS SHALL BE UTILIZED IN A REASONABLE AND PRUDENT MANNER. ALL EXPENSE FOR STREET
PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTY OF GARFIELD.
EXECUTED THIS DAY OF , A.D., 20 .
OWNER: RED DOG LLC, A COLORADO LIMITED LIABILITY COMPANY
MANAGER: TERRY KIRK
STATE OF COLORADO )
: SS
COUNTY OF GARFIELD )
THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME
THIS ____ DAY OF __________________, A.D., 20____,
BY
MY COMMISSION EXPIRES:
WITNESS MY HAND AND OFFICIAL SEAL
NOTARY PUBLIC (SEAL)
SURVEYOR'S CERTIFICATE
I, STEVEN L. SMITH, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS
OF THE STATE OF COLORADO, THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT OF Mountain View
SUBDIVISION, AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN
ACCURATE SURVEY OF SAID PROPERTY BY ME, OR UNDER MY SUPERVISION, AND CORRECTLY SHOWS THE LOCATION
AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF SAID SUBDIVISION AS THE SAME ARE STAKED UPON
THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND.
IN WITNESS WHEREOF, I HAVE SET MY HAND AND SEAL THIS DAY OF , 20 .
PROFESSIONAL LAND SURVEYOR
STEVEN L. SMITH , PLS 25642
FOR AND ON BEHALF OF BOUNDARIES UNLIMITED INC.
COUNTY COMMISSIONERS' CERTIFICATE
THIS PLAT IS APPROVED BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, THIS
DAY OF , A.D., 20 , FOR FILING WITH THE CLERK AND RECORDER OF
GARFIELD COUNTY AND FOR CONVEYANCE TO THE COUNTY OF THE PUBLIC DEDICATIONS SHOWN HEREON, SUBJECT
TO THE PROVISION THAT APPROVAL IN NO WAY OBLIGATES GARFIELD COUNTY FOR THE FINANCING OR
CONSTRUCTION OF IMPROVEMENTS ON LANDS, PUBLIC ROADS, HIGHWAYS OR EASEMENTS DEDICATED TO THE
PUBLIC, EXCEPT AS SPECIFICALLY AGREED TO BY THE BOARD OF COUNTY COMMISSIONERS BY SUBSEQUENT
RESOLUTION. THIS APPROVAL SHALL IN NO WAY OBLIGATE GARFIELD COUNTY FOR THE CONSTRUCTION, REPAIR OR
MAINTENANCE OF PUBLIC ROADS, HIGHWAYS OR ANY OTHER PUBLIC DEDICATIONS SHOWN HEREON.
CHAIRMAN, BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
WITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD.
ATTEST:
COUNTY CLERK
CLERK AND RECORDER'S CERTIFICATE
THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY,
COLORADO, AT ____ O'CLOCK _____, ON THIS _____ DAY OF , 20___, AND
IS DULY RECORDED AS RECEPTION NO. _____________________.
CLERK AND RECORDER
BY
DEPUTY
COUNTY SURVEYOR'S CERTIFICATE
APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS OR
DRAFTING, PURSUANT TO C.R.S. § 38-51-101 AND 102, ET SEQ.
DATED THIS _____ DAY OF , A.D., 20____.
GARFIELD COUNTY SURVEYOR
TITLE CERTIFICATE
I, , AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF COLORADO,
OR AGENT AUTHORIZED BY A TITLE INSURANCE COMPANY, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE
TO ALL LANDS SHOWN UPON THIS PLAT AND THAT TITLE TO SUCH LANDS IS VESTED IN RED DOG LLC, A COLORADO
LIMITED LIABILITY COMPANY, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES (INCLUDING MORTGAGES,
DEEDS OF TRUST, JUDGMENTS, EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL
PROPERTY IN THIS PLAT), EXCEPT AS FOLLOWS:
DATED THIS _____ DAY OF , A.D., 20_____.
TITLE COMPANY:
AGENT
OR
ATTORNEY
COLORADO ATTORNEY REGISTRATION NO.
CERTIFICATE OF TAXES PAID
I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND ASSESSMENTS DUE AND
PAYABLE AS OF , UPON ALL PARCELS OF REAL ESTATE DESCRIBED ON THIS PLAT
ARE PAID IN FULL.
DATED THIS _____ DAY OF , A.D., 20____.
TREASURER OF GARFIELD COUNTY
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PROJECT NO.
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Job #:
Date:
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12/18/24
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09016-v-plat.dwg
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SCHOTTSDALE, AZ 85259
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W
2'
'
W
2'
'
W
2''W 2''W 2''W 2''W 2''W 2''W 2''W 2''W 2''W 2''W 2''W 2''W 2''W 2''W 2''W 2''W 2''W 2''W 2''W 2''W 2''W
2'
'
W
2'
'
W
2'
'
W
2'
'
W
2'
'
W
2'
'
W
2''W
2''RW 2''RW
2'
'
W
2'
'
W
2'
'
W
2'
'
W
2'
'
W
2'
'
W
2'
'
W
2'
'
W
2'
'
W
2'
'
W
RW
E
E
E
E
E
E
E
E
E
E
E E
1.
5
'
'
W
RW
RW
RW
RW
RW
RW
E E E
E
EX. SEPTIC SYSTEM
10
0
'
S
E
T
B
A
C
K
>
>
>
>
>
>
>
>
>
>
>
>
>
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>
>
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>
>
>
>
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>
>
>
>
>
>
>
>
>
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
XXXXXXXXXXXXXXXXXXX
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X X X X X X X X X X X X X
X
X X X X X X X X X X X X X
X
X
X
X
X
X
X
X
XX
OE
OE
OE
OE
OE
OE
OE
OE
OE
OE
OE
OE
OE
OE
OE
OE
OE
OE
OE
OE
OE
OE
OE
OE
OE
X
X
X
X
X
X
X
X
X
X
T
>
>
>
>
>
>
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>
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30
'
'
Ø
W SO
W SO
W
SO
R45'
R30'
Profile: Centerline Road, Sta:1+00 to Sta:7+00
Scale: Vert.=20', Horiz.=60'
5795
5800
5805
5810
5815
5820
5825
5830
5795
5800
5805
5810
5815
5820
5825
5830
Pr
:
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:
5
8
2
5
.
4
1+00
Pr
:
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2
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:
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:
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Pr
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.
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:
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3
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:
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:
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7+00
-2.00%-1.50%
-2.60%
-3.00%
-2.70%
-2.70%
PV
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S
:
1
+
0
3
.
4
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:
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8
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.
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:
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+
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:
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:
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:
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:
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:
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.
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:
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8
1
0
.
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PV
I
S
:
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.
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E
:
5
8
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6
.
5
8
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:
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9
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:
5
8
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3
.
8
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W SO
W SO
EP
EP
kWhkWhkWh
>>>>>>>>>>>
>
>>
>
>
>
>
>
>
>>>>>>>>>>>
>
>
>
>
>
>
>
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>
>
>
>
>
>
>
>
>
>
EP
EP
EP
5800
5810
5820
58
3
0
5
8
4
0
5830
5820
5810
5800
5790
5800
5810
5820
Lot 4-E
174246 sf
4.000 Ac±
SCF
SC
F
SCF
SC
F
SCF
SCF
SCF
SCF
SCF
SCF SCF SCF SCF
Lot 4-A
295648 sf
6.787 Ac±
Lot 4-C
246406 sf
5.657 Ac±
2''
W
BOV >
58
5
0
2'
'
R
W
2'
'
R
W
2'
'
R
W
2'
'
R
W
2'
'
R
W
2'
'
R
W
2'
'
R
W
2'
'
R
W
2''
R
W
2''
R
W
IR
IR IR
IR
W SO
IR
Parcel No.
2127-361-00-049
Parcel No.
2127-361-00-050
Parcel No.
2127-361-01-003
Parcel No.
2127-361-01-001
(A
S
P
H
A
L
T
R
O
A
D
)
Co
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n
t
y
R
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a
d
#
2
6
1
Co
l
u
m
b
i
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e
L
a
n
e
(G
R
A
V
E
L
R
O
A
D
)
Parcel No.
2127-361-00-051
EX. GREENHOUSE
75' ROAD EASEMENT FOR ACCESS TO
LOT 4, SIMON SUBD. EXEMPTION PER
DECLARATIONS (RN 546583)
15' EASEMENT FOR DRAINAGE
AND DITCH (RN 544219)
20' EASEMENT FOR DRAINAGE
AND DITCH (RN 544219)20' EASEMENT FOR DRAINAGE
AND DITCH (RN 544219)
20' EASEMENT FOR DRAINAGE
AND DITCH (RN 544219)
20' EASEMENT FOR
DRAINAGE AND DITCH
DEDICATED WITH THIS PLAT
40' RIGHT-OF-WAY
EX. VALVE
EX. PVO HOA WATERLINE
EX. PVO HOA WATERLINE
FOUND 3.2' WITNESS CORNER NO.
4 REBAR W/ PC "WC 13501"
FOUND NO. 4 REBAR
& PC "13501"
FOUND NO. 4 REBAR
& PC "13501"
FOUND NO. 4 REBAR
& PC "13501"
FOUND NO. 4 REBAR
& PC "13501"
FOUND NO. 4 REBAR
& PC "13501"
FOUND NO. 4 REBAR
& PC "13501"
EX. FENCE
EX. FENCE
EX. LINED IRRIGATION POND
(EDGE OF LINER)
TO REMAIN
SALVAGE EX. GRAVELS
EX. FENCE
TO BE REMOVED
EX. ELECTRIC METERS
EX. FENCE
EX. IRRIGATION PUMPHOUSE
TO BE SALVAGED
EX. TELEPHONE PED.
EX. FENCE
EX. DITCH
EX. DITCH
EX. DITCH
DITCH
EX.DITCH
EX. GRAVEL DRIVE
SHARED
DRIVEWAY
EX. ELECTRIC
TRANSFORMER
EX. FENCE
EX. 30"Ø CMP
EX. OVERHEAD
UTILITY LINE
EX. ACCESS TO REMAIN
FOR LOT 4-E
EX. ACCESS W/
CONCRETE APRON
& 15"Ø CMP
EX. ELECTRIC TRANSFORMER
EX. FENCE
UTILITY & IRRIGATION
EASEMENT (INSTALL
FENCE)
INSTALL 2"Ø TEE & VALVES
INSTALL 1"Ø SERVICE
W/ SHUTOFF VALVE
INSTALL 570 LF 2"Ø HDPE
POTABLE WATER LATERAL
APPROX. LOCATION OF PEACH VALLEY
ORCHARD (PVO) HOA WATER SUPPLY
SYSTEM (WELL, 10000-GAL. TANK,
AND PRESSURE VAULT)
PROPOSED GRAVEL
DRIVE (SEE DETAIL)
EX. WATER SERVICE
(SHUTOFF VALVE & SPIGOT)
TO REMAIN
EX. ELECTRIC
PANEL TO REMAIN
RETIRE EX. WATER
SERVICE (SHUTOFF
VALVE & SPIGOT)
EXISTING SURFACE
PROPOSED SURFACE
10' DRAINAGE &
UTILITY EASEMENT
50' DRAINAGE &
UTILITY EASEMENT
10' DRAINAGE &
UTILITY EASEMENT
BIORETENTION FACILITY
BASE AREA: 300 SF
SIDE SLOPES: 3:1
BASE ELEV: 5804.0'
TOP ELEV: 5806.0'
WEIR/OVERFLOW WIDTH: 12"
WEIR/OVERFLOW ELEV: 5803.5'
10' DRAINAGE &
UTILITY EASEMENT
INSTALL SPLICE VAULT
& TRANSFORMER.
INSTALL 1"Ø POTABLE WATER
SERVICE W/ SHUTOFF VALVE
INSTALL SECONDARY ELECTRIC PEDESTAL
INSTALL 2"Ø IRRIGATION
SERVICES W/ SHUTOFF VALVE
INSTALL 1"Ø POTABLE WATER
SERVICE W/ SHUTOFF VALVE
INSTALL 2"Ø IRRIGATION
SERVICES W/ SHUTOFF VALVE
INSTALL 1"Ø POTABLE WATER
SERVICE W/ SHUTOFF VALVE
INSTALL 2"Ø IRRIGATION
SERVICES W/ SHUTOFF VALVE
INSTALL 2"Ø IRRIGATION
SERVICES W/ SHUTOFF VALVE
RETIRE EX. WATER
SERVICE (SPIGOT)
RETIRE EX.
ELECTRIC PANEL
EXTEND EX.
ELECTRIC TO
LOT 4-E
EX. ELECTRIC
PANEL TO REMAIN
INSTALL TEMPORARY SEDIMENT
CONTROL FENCING ALONG THE
LOWER LIMITS OF ALL DISTURBANCES
CONSTRUCT 18" DEEP OVERFLOW
SWALE WITH 3:1 SIDE SLOPE. INSTALL
TEMPORARY EROSION CONTROL LOGS
EVERY 50 LF ACROSS THE SWALE.
CAP THE EX. WESTERLY
WATERLINE EXTENSION
EXTEND 602 LF 2"Ø SCH.40 PVC IRRIGATION
MAIN TO LOTS 4-B, 4-C AND 4-D. MAINTAIN
10' MIN. SEPARATION BETWEEN THE
IRRIGATION AND THE EX/PR. POTABLE WATER.
HWL
HW
L
HW
L
H
W
L
HWL
HW
L
HW
L
58
1
0
58
1
2
58
1
4
58
0
8
IR
IR
IR
E
W
DECREED LOCATION
OF PVO/SSE Well No. 1
W
DECREED LOCATION
OF PVO/SSE 2ND
ENLARGEMENT
EX. SEPTIC SYSTEM
EX. SEPTIC SYSTEM
10
0
'
S
E
T
B
A
C
K
10
0
'
S
E
T
B
A
C
K
Lot 4-B
281631 sf
6.465 Ac±
Lot 4-D
170073 sf
3.904 Ac±
5804
5806 5806
5804
5
8
1
0
58
1
2
581
4
581
6
581
8
582
0 582
2 5824
58
0
8
8'
'
R
W
8'
'
R
W
INSTALL DRY HYDRANT
FIRE ASSEMBLY AND
VALVE (SEE DETAIL)
EX. POND DRAW TO REMAIN. INSTALL
90° BEND/RESTRAINTS & 122 LF 8"Ø
C900 PVC HYDRANT LATERAL
HY D
E
E
INSTALL 140 LF OF 2"Ø SCH.40 PVC
IRRIGATION MAIN TO LOT 4-E. MAINTAIN
10' OF SEPARATION BETWEEN THE
IRRIGATION AND THE EX. POTABLE WATER.
E
N0
°
0
0
'
0
0
"
E
24
1
.
2
2
'
EX. IRRIGATION
PIPELINE TO REMAIN
EX. IRRIGATION MAIN
TO REMAIN
E
INSTALL POTABLE WATER
BLOWOFF (SEE DETAIL)
W SO
NOTES:
THIS PLAN SET IS INTENDED TO BE PLOTTED IN
COLOR. FAILURE TO DO SO MAY RESULT IN MISSING
DATA & INFORMATION CRITICAL TO THE PROJECT.
SITE PLAN
Mountain View Subdivision
A TRACT OF LAND SITUATED IN THE NE 1/4 NE
1/4 OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE
92 WEST OF THE 6TH PRINCIPAL MERIDIAN,
COUNTY OF GARFIELD, STATE OF COLORADO
00 60'120'
Scale: 1" = 60'
NORTH
By
Re
v
i
s
i
o
n
No
.
Da
t
e
923 Cooper Ave., Ste. 201
Glenwood Springs, CO 81601
(T) 970.945.5252
www.bu-inc.com
Engineer or Surveyor Seal
Sheet
Client Information:
PROJECT NO.
File Name:
Designer:
Drafter:
Date:
N:
\
P
R
O
J
E
C
T
S
\
2
0
0
9
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1
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/
2
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2
4
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:
2
9
P
M
Subsurface Utility Engineering (SUE)
Required Project:
If "Yes", SUE Certification by:
Firm:
Job #:
Date:
9.8.7.6.5.4.3.2.
12/18/24
DJW
DJW
09016-v-plat.dwg
09016.03
480.216.2067
SCHOTTSDALE, AZ 85259
12144 E. WELSH TRAIL
RED DOG LLC
GA
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C.1
No
N/A
N/A
N/A
Scale: N.T.S.
Gravel Road Section
1.5' MIN.
6" COMPACTED
CLASS 6 AGGREGATE
BASE COURSE
20' MIN.
( 8' LANES WITH
2' SHOULDERS)
3:1
M
A
X
.
SCARIFY THE SUBGRADE
AND RECOMPACT TO 95%
STANDARD PROCTOR
3:1 M
A
X
.
CL
3%
4'.5 4.5
1.5' MIN.
4'.54.5'
3:1
M
A
X
.
3:1 MA
X
.
3'
6:1
MAX.
3%
NOTES:
1.ALL DISTURBED AREAS ARE TO BE SEEDED WITH A GARFIELD COUNTY APPROVED NATIVE GRASS SEED MIXTURE
USING COUNTY APPROVE APPLICATION GUIDELINES.
CDOT REGION 3 NATIVER SEED MIX FOR ELEVATIONS BELOW 6500-FEET
COMMON NAME BOTANICAL NAME LBS. PLS/ACRE
AMERICAN SLOUGHGRASS BECKMANNIA SYZIGACHNE 1.5* (WET AREAS)
SAND DROPSEED SPOROBOLUS CRYPTANDRUS 0.25
ALKALI SACATON SPOROBOLUS AIROIDES 0.5
INDIAN RICEGRASS ACHNATHERUM HYMENOIDES “RIMROCK” OR “PALOMA” 3.0
SIDEOATS GRAMA BOUTELOUA CURTIPENDULA “VAUGHN” 3.0
LITTLE BLUESTEM SCHIZACHYRIUM SCOPARIUM “CIMARRON” 3.0
GALLETA GRASS P LEURAPHIS JAMESII “VIVA” 3.0
TOTAL 14.25
2.PROPOSED UTILITIES ARE SHOW FOR GENERAL REFERENCE. THE CONTRACTOR SHALL COORDINATE DIRECTLY
WITH UTILITY PROVIDERS AND INSTALL ALL SYSTEM PER PROVIDER GUIDANCE, STANDARDS AND SPECIFICATIONS.
Review
C
TCURTS
N
O
NOI
FTON R
O
LEGEND
PROPERTY LINE
EXISTING EASEMENT
CENTERLINE
EXISTING FENCE
EX./PR FLOWLINE (DITCH OR GULCH)
T EX. TELECOMMUNICATIONS PEDESTAL
EX./PR. ELECTRIC TRANSFORMER OR PEDESTAL
EX. UTILITY POLE
MONUMENT FOUND
MONUMENT TO BE SET WITH THIS PLAT
PROPOSED ELECTRIC
EXISTING POTABLE WATER LINE/SIZE
EXISTING CULVERT/SIZE36''Ø
2''W 2''W
E E
>>
X
10' CONTOUR
1' CONTOUR5402
5400
RW RW EXISTING IRRIGATION MAIN/LATERAL
2''W PROPOSED 2"Ø POTABLE WATER LATERAL/VALVE
E
PROPOSED EASEMENT
WS WS WS PROPOSED 1"Ø POTABLE WATER SERVICEWSO
W SO EXISTING POTABLE WATER SERVICE/SHUTOFF/SPIGOTWSWS
EXISTING ELECTRIC-BURIEDEE
EXISTING ELECTRIC-OVERHEADOEOE
EX. ELECTRIC PANELEP
EX. ELECTRIC METERkWh
IR
2''RW PROPOSED 2"Ø IRRIGATION MAIN/LATERALIR
E
TEMPORARY SEDIMENT CONTROL FENCESCF
EXISTING TELECOMMUNICATIONTT
8''RW PROPOSED DRY HYDRANT FIRE ASSEMBLY AND VALVE
H Y D
E E
Mountain View Preliminary Plan 8
FL
O
W
FL
O
W
POINTS A MUST BE HIGHER THAN POINT B
D D
POINT A
ENTRENCH 3"
POINT A
POINT B
POINT A
EROSION LOG
POINT B
FLOW
POINT A
PLAN VIEW
PLAN VIEW
A A
EROSION LOG
SEDIMENT REMOVAL SHALL BE PERFORMED
CONTINUOUSLY FOR PROPER FUNCTION.Ø
ENTRENCH 3"
Ø
FLO
W
TO
E
A
C
H
O
T
H
E
R
AP
P
R
O
X
.
9
0
°
SECTION A-A
AREA DRAIN
SECTION D-D
Scale: N.T.S.
Temporary Erosion Control Logs
Scale: N.T.S.
Temporary Sediment Control Fence
EROSION LOG
10'
MAX.24"
MIN.
42"
MIN.
18" MIN.
24"
MIN.FLOW
FLO
W
ANCHORED IN TRENCH AND
FIRMLY ATTACHED SILT FENCE
FABRIC TO POST
POST
(2" X 2" NOMINAL)
6" x 6" TRENCH
SILT FENCE FABRIC ANCHORED
IN 6"x6" TRENCH AND
ATTACHED FIRMLY TO POST
SILT FABRIC STAPLED
TO POSTS
COMPACTED
BACKFILL
FEATURE THAT NEEDS
PROTECTION
USE 2 PINE STAKES 1 1/2" x 1 1/2" x 12" AT
ALL EROSION LOG ENDS OR JOINTS,
OTHERWISE USE A STAKE EVERY 24 IN. AND
CONTINUE TO ALTERNATE ORIENTATION
THROUGHOUT THE LENGTH OF THE EROSION
LOG.
EROSION CONTROL NOTES:
1.IMPLEMENTATION OF THE EROSION AND SEDIMENT CONTROL MEASURES SHALL PRECEDE STRIPPING
OF NATIVE VEGETATIVE COVER AND AS GRADING PROGRESSES.
2.ALL TEMPORARY AND PERMANENT SOIL EROSION AND SEDIMENT CONTROL PRACTICES SHALL BE
MAINTAINED AND REPAIRED AS NEEDED TO ASSURE CONTINUED PERFORMANCE OF THEIR INTENDED
FUNCTION. STRAW BALE DIKES OR SILT FENCING MAY REQUIRE PERIODIC REPLACEMENT. SEDIMENT
TRAPS WILL REQUIRE PERIODIC SEDIMENT REMOVAL.
6"
M
I
N
.
BIORETENTION,
SEE PLAN FOR AREA DIMENSIONS & DEPTH,
VEGETATE WITH A DROUGHT TOLERANT GRASS MIXTURE
OR SAND GROWN SOD SUITABLE SANDY SOILS
NO UNDERDRAIN
NOTES:
PROVIDE, AS A MINIMUM, AN 6-INCH LAYER OF WELL MIXED SAND AND
SOIL (70% SAND AND 30% COMBINATION OF TOPSOIL AND LARGE ORGANIC
MATTER BY VOLUME. LESS THAN 5% OF THE MEDIA CAN PASS THE 200
SIEVE AND THE MEDIA MUST INFILTRATE AT LEAST 2 INCHES/HOUR.
MAINTAIN TOP SURFACE FLAT. MEDIA SHALL BE DELIVERED FULLY MIXED
IN A DRUM MIXER. ON-SITE MIXING OF PILES SHALL NOT BE ALLOWED.
SAND/PEAT
MEDIA
FINISH GRADE
Scale: N.T.S.
Bioretention Facility
MIRAFI 140N FILTER
FABRIC UNDER
SAND/PEAT MEDIA
INSTALL TEMPORARY EROSION
LOGS AROUND THE PERIMETER
UNTIL LANDSCAPING IS
COMPLETE
SCARIFY THE
SUBGRADE
OVERFLOW
6"Ø NOMINAL
ANGULAR RIPRAP
5' MIN.
6" MIN.
7' MIN.
UNDISTURBED SOIL
3:1 OR FLATTER
3'3' MIN.
SECURE WIRE TO GROUND
WITH WIRE STAPLES
#5 REBAR TO
SECURE TIMBER
16 LF 8"x8" TREATED TIMBER
SECURE WIRE MESH
TO TIMBER
FILTER CLOTH UNDER
MESH BASKET
COURSE AGGREGATE IN
GALVANIZED WIRE MESH BASKET
NOTES
1.LEVEL SPREADER CONSTRUCTED ON UNDISTURBED SOIL
(NOT FILL MATERIAL).
2.CONSTRUCT A TRANSITION SECTION FROM THE DITCH TO
SPREADER, BLEND TO MATCH GRADE.
3.CONSTRUCT THE LIP AT A 0 % GRADE TO INSURE UNIFORM
SPREADING.
4.EROSION CONTROL NETTING SHOULD EXTEND 6 INCHES
OVER THE LIP AND BURIED 6 INCHES.
5.SECURELY ENTRENCH THE RIGID LIP AT LEAST 2 INCHES
BELOW GRADE AND ANCHOR. COARSE AGGREGATE SHOULD
BE PLACED AT THE TOP, BEHIND THE LIP AND EXTEND AT
LEAST 3 FEET.
6.LEVEL SPREADER POOL AND LIP SHOULD BE 10 TO 20 FEET
LONG DEPENDING ON EXPECTED FLOWS.
7.SEED AND STABILIZE UPON COMPLETION.
Scale: N.T.S.
Level Spreader with Rigid Lip
00 1'2'
Scale: 1" = 1'
Review
C
TCURTS
N
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NORTH
By
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Da
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923 Cooper Ave., Ste. 201
Glenwood Springs, CO 81601
(T) 970.945.5252
www.bu-inc.com
Engineer or Surveyor Seal
Sheet
Client Information:
PROJECT NO.
File Name:
Designer:
Drafter:
Date:
N:
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Subsurface Utility Engineering (SUE)
Required Project:
If "Yes", SUE Certification by:
Firm:
Job #:
Date:
9.8.7.6.5.4.3.2.
12/18/24
DJW
DJW
09016-v-plat.dwg
09016.03
480.216.2067
SCHOTTSDALE, AZ 85259
12144 E. WELSH TRAIL
RED DOG LLC
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C.2
No
N/A
N/A
N/A
Scale: N.T.S.
Gate Valve
5'-5" FT. MIN.
CONCRETE RING
(OPTIONAL)
2"
36
"
M
I
N
.
48
"
M
A
X
.
4"
CONCRETE RING NOTE:
1.PROVIDED A 6" THICK x 12" WIDE CONCRETE RING
PLACED AFTER PAVING. SURFACE AREA SHALL BE
PREPARED BY SAW CUTTING ASPHALT AND ADJUSTING
VALVE BOX TO FINISH GRADE.
2.FINISH GRADE OF BOX TO BE NO MORE THAN 1/4"
BELOW FINISH SURFACE AND 0" ABOVE FINISH
SURFACE.
3.CONCRETE RING TO BE PROVIDED IN ALL AREAS.
4.IN UNPAVED AREAS, PROVIDE A SLIGHT GRADE FOR
FINISH GRADE AWAY FROM THE CONCRETE RING
VALVE EXTENSION
VALVE NOTES:
1.ALL VALVES ADJACENT TO FITTING SHALL BE
FLANGE x MJ. FITTING SHALL BE FLANGED NEXT TO
VALVE. LINE VALVES TO BE MJ x MJ.
2.DESIGN LOCATIONS OF VALVES ARE OUTSIDE OF
CONCRETE CURB/GUTTER AND VALLEY PANS.
INSTALLED VALVES WHICH CONFLICT WITH
CONCRETE AREAS SHALL BE RELOCATED AT THE
CONTRACTOR'S EXPENSE.
3.ALL NUTS AND BOLTS SHALL BE STAINLESS STEEL.
4.INSTALL OTHER TYPES OF VALVES IN A SIMILAR
MANNER AS SHOWN FOR THE GATE VALVE
INSTALLATION.
5.THE CONTRACTOR SHALL SUBMIT ALL MATERIALS
FOR REVIEW AND APPROVAL BY THE ENGINEER.
Scale: N.T.S.
Thrust Blocks
POLYETHYLENE BOND
BREAKER
3"MIN.
UNDISTURBED SOIL
BEARING SURFACE
PLUGGED TEE FOR
FUTURE CONNECTION
AREA
POLYETHYLENE BOND
BREAKER
3"MIN.
UNDISTURBED SOIL
BEARING SURFACE
TEE
AREA
2/
3
D
I
A
.
POLYETHYLENE BOND
BREAKER
TYPICAL CROSS-SECTION
AREA AREA
POLYETHYLENE BOND
BREAKER
BEARING SURFACE
UNDISTURBED SOIL
DEAD END
AREAAR
E
A
REDUCER
TYPICAL BEND
111
4°, 221
2°, 45°, 90°
UNDISTURBED SOIL
AREA
3" MIN.
NOTES:
1.ALL NUTS AND BOLTS SHALL BE
COR-BLUE OR STAINLESS STEEL.
2.KEEP CONCRETE OFF ALL BOLTS.
3.THE CONTRACTOR SHALL SUBMIT
ALL MATERIALS FOR REVIEW AND
APPROVAL BY THE TOWN.
NOTES:
1.LEAVE CORPORATION STOP AT MAIN IN THE 'ON' POSITION.
2.LOCATE THE CURB STOP AND SERVICE BOX AS APPROVED BY
THE ENGINEER.
3.SERVICE SADDLE STRAPS AND ALL NUTS AND BOLTS SHALL BE
STAINLESS STEEL.
THE TOWN MAY PERMIT THE USE OF 200 PSI HDPE POTABLE WATER LINE
WITH WRITTEN APPROVAL FROM THE PUBLIC WORKS DIRECTOR.
Scale: N.T.S.
Water Service
ASPHALT/
FINISH GRADE
BASE COURSETRACER
WIRE
2" SQUARE NUT
SMALL BONNET
BRICK
WATER
MAIN
GATE VALVE, CL250
MAIN LINE GATE VALVES TO HAVE
JOINTS SAME AS WATER MAIN OR AS
SPECIFIED FOR MAIN LINE FITTINGS.
POLYETHYLENE WRAP REQUIRED ON
ALL METAL COMPONENTS.
THREE PIECE
ADJUSTABLE VALVE
BOX, WORD "WATER"
ON COVER.
TOP OF VALVE
BOX COVER
2" SQUARE OPER. NUT
TO BE HELD DOWN
WITH THREADED
SHAFT, AS STANDARD
VALVE STEM NUT
ATTACHMENT.
THIS PART OF STEM SQUARE
WITH 4 SIDES TAPERED.
1/16" MIN.CLEARANCE
3/16"
STL. PLATE
3/8"x3" DIA.
PLATE
MIN. ROD SIZE
1 1/4" DIA. STEEL
DESIGN. A-15
TOP OF VALVE
BOX COVER
BEDDING MATERIAL
BEARING SURFACE
UNDISTURBED SOIL
POLYETHYLENE
BOND BREAKER
FOR FUTURE CONNECTION,
ROD PLUG TO FITTING
WHERE REDUCER IS USED, ROD BACK
TO TEE. MECHANICAL JOINT RESTRAINTS
MAY BE USED PER MANUFACTURERS
SPECIFICATIONS IN PLACE OF TIE RODS
UPON APPROVAL OF ENGINEER.
TRACER WIRE
(REQUIRED)
Bc
EXISTING ASPHALT & BASE COURSE
CLASS 6 ABC OR SQUEEGEE BEDDING MATERIAL WITH
COMPACTION DENSITY OF 95% AS PER ASTM D698.
FILTER FABRIC IS REQUIRED TO BE INSTALLED AROUND
OF THE BEDDING IF SQUEEGEE IS USED. 1/2"-3/4"
SCREENED ROCK IS NOT ACCEPTABLE.
PIPE
TRACER WIRE (ALL POTABLE WATER, RAW
WATER, SANITARY SEWER AND STORM SEWER)
CONDITION #1a: FLOWFILL (FLOWABLE CONCRETE)
MATERIAL IN TOP 36" OF THE TRENCH UNDER A CDOT
ROADWAY OVER CLASS 6 ABC WITH A COMPACTION
DENSITY OF 95% AS PER ASTM D698.
CONDITION #1b: SUITABLE ONSITE SELECT
STRUCTURAL MATERIAL UNDER TOWN ROADWAYS
AND PARKING AREAS WITH A COMPACTION DENSITY
OF 95% AS PER ASTM D698.
SLOPE TRENCH WALLS
OR SHORE FOR SAFETY
PER CURRENT OSHA &
COSH REQUIREMENTS
5'-6" MIN.
12"
VARIES
36"
12"
4" MIN.
Bc + 18"
SEE ASPHALT
REPLACEMENT DETAIL
12"
MIN.
24"
MIN.
EXISTING ASPHALT
TO BE SAWCUT (TYP.)
CONDITIONS:
1.PAVEMENT REPLACEMENT SHALL MEET EXISTING THICKNESS AND KIND WITH THE FOLLOWING MINIMUMS:
1.a.ASPHALT ROADWAY (HIGHWAY 006D) = 5" MIN. ASPHALT WITH 18" MIN. CLASS 6 AGGREGATE BASE COURSE.
1.b.ASPHALT ROADWAY (TOWN ROAD) OR PARKING AREA = 4" MIN. ASPHALT WITH 10" MIN. CLASS 6 AGGREGATE BASE COURSE.
2.IF UTILITY MAIN OR SERVICE IS NOT UNDER ROAD OR PARKING SURFACE, BACKFILL THE TRENCH WITH SUITABLE ONSITE SELECT
MATERIAL COMPACTED TO 95% IN 12" LIFTS AS PER ASTM D698. TOP 12" TO BE TOPSOIL, AND REVEGETATE.
NOTES:
1.THE SAWCUT AND ASPHALT/CONCRETE REPLACEMENT AREA REQUIRED TO BE REMOVED FOR A UTILITY MAIN OR SERVICE LINE
SHALL BE CONSIDERED TO BE A 10' WIDE SECTION CENTERED ON THE UTILITY UNLESS OTHERWISE SHOWN ON THE PLAN.
2.PAVING JOINTS SHALL BE INFRARED BONDED.
3.SELECT MATERIAL SHALL BE 3"Ø MAXIMUM.
4.PROVIDE TRACER WIRE TAPED TO THE TOP OF THE PIPE FOR SEWER MAIN. POTABLE WATER MAIN, IRRIGATION WATER MAIN AND ALL
SERVICE INSTALLATIONS.
5.DETAIL IS FOR 'DRY TRENCH' CONDITIONS. FOR UNSTABLE OR 'WET' CONDITIONS, PROVIDE A MINIMUM OF 4" OF 1-1/2" SCREENED
ROCK UNDER BEDDING MATERIAL WITH FILTER FABRIC PLACED BELOW AND ABOVE THE SCREENED ROCK.
6.Bc = OUTSIDE PIPE DIAMETER.
7.FILTER FABRIC SHALL MEET THE FOLLOWING MINIMUM REQUIREMENTS:
7.a.GRAB TENSILE STRENGTH, ASTM D4632: 120 LBS
7.b.GRAB TENSILE ELONGATION, ASTM D4632: 50%
7.c.TRAPEZOID TEAR STRENGTH, ASTM 4533: 50 LBS
7.d.CBR PUNCTURE STRENGTH, ASTM 6241: 310 LBS
7.e.PERMITTIVITY, ASTM D4491: 1.7 sec-¹
7.f.UV RESISTANCE (AT 500 HRS), ASTM D4355: 70% STRENGTH RETAINED
8.INSTALL AN 18" LONG CLAY/SILT CUTOFF DAM ACROSS THE BEDDING EVERY 100 LF, MIN.
TOPSOIL
SUITABLE
ONSITE
SELECT
STRUCTURAL
MATERIAL
CONDITION #2 CONDITION
#1a OR #1b
Scale: N.T.S.
Trench Cross Section
12"
36" MIN.,
48" MAX.
6" MIN.
4"Ø SCH.80 PVC
ELECTRIC CONDUIT
6" CLASS 6 ABC
6" WIDE MARKER TAPE
TRACER
WIRE
Scale: N.T.S.
Electric Trench
NOTES:
1.ELECTRIC SHALL BE INSTALLED WITH AT LEAST 4' OF
SEPARATION BETWEEN OTHER UTILITIES.
2.BACKFILL THE TRENCH WITH 4" MINUS ONSITE SELECT
MATERIAL COMPACTED TO 95% STANDARD PROCTOR.
CONCRETE PIER:
12"Ø IN HARDSCAPE
24"Ø IN SOFTSCAPE
6"
2'-6"
3'-6"
3/8"CONCRETE DOME
CONCRETE FILLED 6" STEEL
TUBE, GALVANIZED, PRIME
AND PAINT WITH A YELLOW
EXTERIOR PAINT AND WRAP
WITH 2 ROWS OF YELLOW
REFLECTIVE TAPE
FINISH GRADE
COMPACTED EARTH
Scale: N.T.S.
Stationary Bollard
3'-0"
MIN.
Scale: N.T.S.
Dry Hydrant Fire System
5'
M
I
N
ICE STORAGE (1' MIN.)
FIRE PROTECTION STORAGE
2'
M
I
N
.
MARK TABLE
MARK DESCRIPTION
N GALVANIZED VERTICAL PIPE SUPPORT EMBEDDED IN 2'x2'x4"
CONCRETE
S
TRACER WIRE FROM POND TO HYDRANT BASE: 10 GAUGE
SOLID THHN INSULATED DETECTION WIRE. ALL SPLICES
SHALL BE MADE WITH WATERTIGHT CONNECTIONS.
U 8"Øx6"Ø REDUCER
V
8"Ø CLASS 150 C900 PVC WITH DUCTILE IRON FITTINGS AND
MECHANICAL JOINT RESTRAINTS AT ALL FITTINGS AND
JOINTS WITHIN 30 FEET OF FITTING. POLYWRAP ALL FITTINGS
AND RESTRAINTS., COAT EXPOSED W/ UV INHIBITOR PAINT
AC
DRY BARREL HYDRANT: MUELLER SUPER CENTURION 250
(A-423) OR KENNEDY (K81D), OR AUTHORITY HAVING
JURISDITION APPROVED EQUAL. OPEN COUNTER-CLOCKWISE,
STAINLESS STEEL BURIED NUTS AND BOLTS.
AE 8"Ø PVC HORIZONTAL STRAINER WITH BACK FLUSH CAP, 4:1
MINIMUM INTAKE RATIO (120 SQ. IN.)
AF 8"Ø STRAINER SUPPORT CLAMP (MANUFACTURER SUPPLIED)
AG A DISTINCT RED LINE PAINTED AT THE MINIMUM WATER
SURFACE ELEVATION.
AE
AF
N2'
AG
SLOPE @ 1% MIN.
S
V
4' TO 6'ROAD
5'
M
I
N
24
"
U
4"Ø PIPE
BOLLARDS
AC
V
-+
2" RESILIENT SEAT GATE
VALVE, 2" SQUARE
OPERATING NUT & NPT
THREADED ENDS
Scale: N.T.S.
Blowoff Valve Assembly
2" MALE I.P. THREAD
2" THREADED BRASS
6" FULL VALVE BOX
(2 SECTIONS, TOP &
CENTER FOR
ADJUSTMENTS).
2" 90° BRASS ELL
WITH WEEP HOLE
THREADED
CONNECTIONS
6" VALVE BOX (3
SECTIONS, TOP,
CENTER & BASE).
GROUND LINE
2" POTABLE WATER LATERAL
1 C.U. FT. GRAVEL 1 CU. FT. GRAVEL
16
'
'
12
'
'
Mountain View Preliminary Plan 9
5. Compliance with Comprehensive Plan
Documentation related to the Comprehensive Plan was provided as part of the Mountain View Sketch
Plan Application. In summary, the development proposal is in compliance with the Garfield County
Comprehensive plan 2030. The plan designates this area as Residential Medium High (RMH).
_____________________________________________________________________________________
Future Land Use
Designation
Residential Medium High (RMH)
Description
Small farms, estates, residences and clustered residential subdivisions.
Compatible
Zoning District(s)
Rural (R); Planned Unit Development (PUD)
Density of
Residential Uses 1 dwelling unit per 2 to 6-acres. Within this range, density is determined by the degree of
clustering and the amount and quality of land preserved in open condition.
Illustrative
Example
_____________________________________________________________________________________
We could provide further analysis upon request related to the County Comprehensive Plan 2030 various
goals and objectives. We will do so upon request but our analysis at this time indicates that the proposal
meets the Silt Comprehensive Plan and the County Comprehensive Plan.
Mountain View Preliminary Plan 10
6. Water Rights and Supply
The Simon Well No.1 provides domestic water for Lots 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 23, 24,
and 25 of the Peach Valley Orchard subdivision as well as the Lot 4 Simon Subdivision Exemption (SSE).
Lot 4 of the SSE is entitled to 8/25 share in the well. The well is located at the northern, common
boundary of Lots 1 and 2 of the SSE. During previous applications for Lot 4 of the SSE the County
Engineer and the State Water Engineer expressed concerns about there being an adequate legal and
physical water supply for Lot 4. Therefore, an augmentation plan was submitted. The water
augmentation plan has been approved, and the case was bifurcated into 2 court cases. The application
was to adjudicate 2 enlargements to the Simon Well No.1. The 2 Water Court decrees are included in
Exhibit D.
An updated letter from Sara Dunn of Balcomb Green dated January 16, 2025 regarding the water rights
associated with Lot 4 of the Simon Subdivision Exemption is attached. This letter is an update of her
previous letter dated May 29, 2007. The 2007 letter, the most recent court decree and most recent
water quality report are included in Exhibit D. Other documents related to water rates are also included
in Exhibit D. Finally, please see the engineers report on Water Supply and Distribution from Boundaries
Unlimited in Exhibit C for more technical information on the water development and distribution plan.
Mountain View Preliminary Plan 11
Sara M. Dunn
Direct Dial (970) 928-3467
sarad@balcombgreen.com
SERVING COLORADO SINCE 1953
818 Colorado Avenue | Post Office Box 790 | Glenwood Springs, Colorado 81602 | 970.945.6546 | BalcombGreen.com
January 16, 2025
Via Electronic Mail
Red Dog, LLC
c/o Mr. Terry A. Kirk
kirkenterprises@cox.net
Re: Mountain View Application – Legal Water Supply
Dear Terry:
This letter is to provide an update to our letter dated May 29, 2007 (“2007 B&G
Letter”), regarding the water rights associated with Lot 4 Simon Subdivision Exemption
near Silt, Colorado (“Subject Property”). We continue to opine that the Subject Property
has an adequate legal water supply to subdivide the parcel into five residential lots with
a main residence and an accessory dwelling unit on each lot and to continue irrigating
the historical irrigated areas, less the dry-up associated with roads and building
envelopes.
Domestic Water Supply
The Simon Well operating pursuant to Well Permit No. 68614-F will serve the
Subject Property.1 The Water Court in Case No. 00CW36 approved the PVO/SSE Simon
Well Enlargement and PVO/SSE Second Enlargement conditional water rights to serve a
total of 5 single family homes, 5 accessory dwelling units, 500 square feet of irrigation per
lot and fire protection within the Subject Property. The Water Court also approved an
alternate point of diversion for the PVO/SSE Simon Well Enlargements at the PVO/SSE
Well No. 1. The 2007 B&G Letter discusses the conditional water rights approved in Case
No. 00CW36 in detail.
The owner of a conditional water right must file an application with the Water
Court every six years to demonstrate to the court that the water rights are still needed and
1 The Simon Well originally operated pursuant to Well Permit No. 049153-F. This well permit was cancelled
September 10, 2009, and a new permit issued (Well Permit No. 68614-F) for the Simon Well to reflect the
ownership of the well by the PVO/SSE Homeowners’ Association and to include the additional uses approved in
Case No. 00CW36 for the PVO/SSE Simon Well Enlargement and PVO/SSE Second Enlargement of the Simon Well.
Mountain View Preliminary Plan 12
Red Dog, LLC
Water Supply
January 16, 2025
Page 2 of 2
SERVING COLORADO SINCE 1953
818 Colorado Avenue | Post Office Box 790 | Glenwood Springs, Colorado 81602 | 970.945.6546 | BalcombGreen.com
that the owner is exercising reasonable diligence in the development of the water rights.
The PVO/SSE Homeowners Association filed timely applications, and the Water Court
found the Association has been reasonably diligent in the development of these
conditional water rights in Cases No. 08CW41, 09CW98, 16CW3023, and 23CW3157 thus
continued the conditional water rights in full force and effect. The decree in Case No.
23CW3157 is attached hereto. In addition, the PVO/SSE Homeowners Association has
paid all assessments and fees associated with the West Divide Water Conservancy District
contract and the Farmers Irrigation Company shares that are necessary to augment the
out of priority depletions associated with the Simon Well and PVO/SSE Well No. 1. The
plan for augmentation is described in detail in the 2007 B&G Letter.
The PVO/SSE Homeowners Association operates the Simon Well which is a public
water system (PWSID: CO0123605, Peach Valley Orchard). The 2024 Drinking Water
Quality Report for this system is attached hereto. When the PVO/SSE Well No. 1 is
constructed, it will be connected to the Peach Valley Orchard public water system.
Applicant is in discussions with the PVO/SSE Homeowners Association regarding the
future construction of the PVO/SSE Well No. 1 to provide a redundant and/or
supplemental supply for the existing development served by the Peach Valley Orchard
public water system as well as future development within Lot 4 approved pursuant to the
pending application before Garfield County.
Irrigation Water Supply
The Subject Property has historically been irrigated with water associated with
Farmers Irrigation Company shares owned by the PVO/SSE Homeowners’ Association
and Silt Water Conservancy District project water that is appurtenant to the Subject
Property. These water rights are in good standing and available to continue to provide
irrigation supplies for the Subject Property. The 2007 B&G Letter contains a detailed
description of the irrigation water supplies for the Subject Property.
Please do not hesitate to contact us if you have any questions. Thank you.
Sincerely,
BALCOMB & GREEN, P.C.
By:
Sara M. Dunn
Encl: Decree Case No. 23CW3157
Peach Valley Orchard 2024 Drinking Water Quality Report
Mountain View Preliminary Plan 13
7. Visual Analysis
Section 5-402.H requires a visual analysis to be submitted with each Sketch Plan application. As noted,
the site is relatively flat and drops off gently from north to south. The subject property does not have
any ridges, hills, slopes etc. The ridges in the adjacent surrounding area are to east related to the Grand
Hogback formation and also to the north in the direction of Harvey Gap. But the subject property is at a
considerable distance from these formations.
In order to show this, we’re providing 4 Arial views from each direction. As readily apparent there will
not be any structures that create an impact or have the ability to impact any ridgelines because of
residential development. The only neighbors that would appear to be impacted are the 3 lots of the
Simon Subdivision Exemption which lied to the north. Lots 4A and 4E are closest to these lots but these
sit slightly lower in elevation so that potential impact would be minimal or limited. We will provide
additional information as required with the Preliminary Plat.
Mountain View Preliminary Plan 14
Mountain View Preliminary Plan 15
Mountain View Preliminary Plan 16
Mountain View Preliminary Plan 17
Mountain View Preliminary Plan 18
8. Article 7 Standards
This section below will address compliance with Article 7 standards on a point by point basis. Please
note that the engineering reports contained in Exhibit C from Boundaries Unlimited (BUI) also address
some of these sections from a more technical, engineering viewpoint.
COMPLIANCE WITH ARTICLE 7, DIVISIONS 1 - 4
The following section of this application addresses compliance with the criteria and standards of
Article 7, Divisions 1-4 of the Garfield County Land Use Development Code (LUDC). Responses
to each criterion are in “italics”. Where standards don’t apply, N/A or reason for non-
applicability will be stated.
DIVISION 1 GENERAL APPROVAL STANDARDS FOR LAND USE CHANGE
PERMITS
Section 7-101 Compliance with Zone District Use Restrictions.
Response: The site is located in the County’s Rural "R" Zone District.
The development is in compliance with the zone district lot and building
requirements and the Intent statement, use restrictions and regulations
for the underlying zone district. All development will comply with
dimensional criteria/requirements per Table 3-201 and general standards
in Section 3- Zoning of the LUDC. Lots were laid out after taking into
account the surrounding development/ construction pattern, logical
access points, existing drainage and drainage ditches, views, relationship
to location of existing Simon Well and easements and future well
locations and infrastructure etc. Each building site will be developed in
accordance with the maximum lot coverage requirement (15%) and
maximum height (25 ft. for residential structures).
Section 7-102 Compliance with Comprehensive Plan and Intergovernmental
Agreements
Response: we will quickly address compliance with the Garfield County
Comprehensive Plan as well as the Silt Comprehensive Plan.
Mountain View Preliminary Plan 19
Garfield County. The proposed Mountain View Subdivision is designated
as Residential Medium High (RMH) according to the Current
Comprehensive Plan – Garfield County Comprehensive Plan 2030 -
update 2020. Description of uses in this designation include: “Small
farms, estates, residences and clustered residential subdivisions”. This
designation is compatible with the Rural ( R ) District as defined in the
Comprehensive Plan. Density of residential uses is preferred to the 1
dwelling unit per 2 to 6 – acres. Lot sizes range from 3.9 acres to 6.8
acres with an average lot size of 5.5 acres. Lot summary information
below:
Mountain View Sketch Plan Summary Information
Lot # Size Access
4A 6.787 Private Road from CR 261
4B 6.467 Private Road from CR 261
4C 5.642 Private Road from CR 261
4D 3.882 Private Road from CR 261
4E 4.0 Columbine Road (private)
Silt Comprehensive Plan
Silts present Comprehensive Plan is fairly unique. Land outside the town
limits is grouped into 3 tiers. Tier 1 is a priority growth area for properties
within ½ mile of existing
Town Services. Tier II is called the Silt Secondary Growth Boundary –
which indicates a sufficient land to serve what is estimated to be 25 years
of growth and existing infrastructure within 1 mile of municipal
boundaries.
The Mountain View Subdivision falls within Tier III. That plan notes the
Town should enter into IGA’s with Garfield County to help ensure the
Town has input regarding potential development applications. Please
note that the Mountain View Subdivision Sketch Plan was referred to the
Town for review and no response was provided. We are unaware of any
official IGA which comes into play between the Town and Garfield County
for this area.
Mountain View Preliminary Plan 20
This quick review indicates that the Application is in Compliance with both
the Silt and the Garfield County Comprehensive Plan. At this point we do
not think that it is necessary to review selected Goals And Objectives
from the County Comp Plan and provide individual responses showing
compliance. We will be happy to provide additional information as
requested by the County.
Note: Description of Compliance with the Comprehensive Plan was
also submitted as part of the at Mountain View Subdivision Sketch
Plan.
Section 7-103 Compatibility
Response: The nature, scale and intensity of the Mountain View
Subdivision are compatible with adjacent land uses and do not have an
adverse impact to adjacent land. Surrounding uses include residential
subdivisions consistent with the Rural ( R ) Zone District and some
nearby small agricultural properties. Densities proposed by Mountain
View are consistent with the greater area as well as the Peach Valley
Orchard Subdivision in which this lot (Lot 4 of the Simon Subdivision
Exemption) is located.
Nearby development/land-use within 1500 feet of the subject property
includes the following:
• 43 Residential Lots. These range in size from 2.5 acres to about
20 acres in size, with the great majority being between eight and
10 acres. These generally border the subject property to the north,
west and south. 7 of these properties have some type of
agricultural designation, but nearly all have residential units
associated with the individual sites.
• 1 relatively large agricultural property which lives directly to the east of the
subject. This parcel is 287 acres in size. There are also 2 “farm” related
residential units on this property.
Section 7-104 Sufficient Legal and Physical Source of Water
Response: There is a sufficient legal and physical source of water. A
letter from Sara Dunn of Balcomb Green addressing water and irrigation
supply is included in the project narrative. An engineering report from
Mountain View Preliminary Plan 21
Boundaries Unlimited provides engineering information related to the
water supply and distribution network can be found in Exhibit C. Legal
documents related to water supply including 2 decrees from water court
are included in Exhibit D.
Section 7-105 A. Central Water Distribution System Supply
Response: Tis project is too far away from having service provided
through a Water Supply Entity. However, service with the subject
property will be through Simon Well No. 1 or through it’s approved
enlargements. Water will be provided and this property will be served
through the PVO/SSE HOA. See letter from Attorney Sara Dunn and/or
the water supply and distribution plan in Exhibit C. by Project Engineer
Boundaries Unlimited
Section 7-105 B. Wastewater System
Response: Wastewater Systems. The development is not capable of
being served by a public, existing wastewater system. Each lot will be
served by an individual On-site Waste Treatment System (OWTS).
Each system will be permitted under the County OWTS Regulations and
this information will be provided with each individual building permit.
Each onsite system will meet the minimum lot requirements set forth in
Table 7-105. Percolation tests have been previously done for the
property onto the proposed lots by HP-Kumar. The results are contained
in a letter dated November 16, 1999 and contained in Exhibit G. The
findings are that lots are capable of being served by an OWTS that meets
County requirements.
Section 7-106 Adequate Public Utilities
Response: Adequate public facilities are being provided. Electric and
telephone, in addition to the Central /Water System and the onsite waste
disposal systems, are proposed. Natural gas service will not be extended
to the site. Individual propane tanks will be used.
Easements. Easements that meet standards of Article 7-106 are being
followed. Easements from the existing Lot 4 SSE plat are included on the
proposed plat.
Dedication. Utility easements will be dedicated to the public. Drainage
easements will be dedicated to the PVO/SSE HOA.
Construction. Applicant has and will coordinate with appropriate utility
companies. Trees or excessive excavations will be avoided.
Mountain View Preliminary Plan 22
Conflicting Encumbrances. We are not aware of any conflicting legal
encumbrances. Applicant will take care of conflicts as necessary.
Section 7-107 Access and Roadways
Response: 4 of the 5 proposed lots are proposed to access off of a
private road. This private road has access off of County Road 261. This
proposed private road does not have a name at this time. It is designed to
be 20 foot in width, with lanes being 8 foot wide and with two – 2 foot
shoulders. This private road ends in a cul-de-sac. Access and drainage
easements are provided on both sides of the road and details are
included in the Engineering Report. 1 lot, Lot 4 – E is proposed to have
access off of Columbine Lane. Columbine Lane is a private road
maintained by the PVO/SSE HOA. Applicant has discussed this access
location with the HOA President and this primitive driveway access is
already in existence.
Adequate Capacity. The interior private road has capacity to serve the
proposed lots and any ADU’s which would be constructed. Columbine
Lane also has adequate capacity. A minor traffic study is included in the
Engineering Report (see Exhibit C).
Road Dedications. The private road will be dedicated to the public and so
designated on the Final Plat. Applicant understands that the private road
will not be accepted by the County related to maintenance needs. Lot 4-E
will pay required fees to the HOA for the use of Columbine Lane.
Impacts Mitigated. Applicant proposes to pay required impact fees. It is
our understanding that county roads will not be impacted either via
construction or impose construction where additional facilities must be
built or upgraded.
Design Standards. The internal private road is classified as a semi -
primitive road and is meeting all required specifications. Driving surface is
gravel.
Dead-end Roads. The private Street ends in a cul-de-sac that meets
County design specifications.
Erosion and Drainage. Project engineer is designing adequate drainage
that may occur due to the proposed road system.
Commercial and Industrial. There are no proposed Commercial or
Industrial uses.
Emergency Access and Egress. Private road and access meets
International Fire Code requirements. Conceptual plan plans were
reviewed with the Colorado River Fire Department as part of the Sketch
Plan review.
Mountain View Preliminary Plan 23
Traffic control and Street Lighting. No traffic control devices or streetlights
are proposed.
Drainage Structures.
Bioretention Facility. This structure is being built and will be located
directly south of the proposed cul-de-sac. Drainage will be released to its
historic location south of this bioretention facility and drainage will be
released at historic rates.
Individual Lots. Each individual lot should be examined at time of building
permit for such drainage needs as culverts to pass water under driveways
etc. This review should also confirm that Individual lots will not contain
more than 10,000 ft.² of impervious surface area. If so, standards
contained in Section 7 – 204 C would apply.
Borrow Ditch. Borrow Ditches meet County standards.
Variances. No design variances are being requested.
Section 7-108 No Significant Risk from Natural Hazards
Response: No natural hazards are associated with the site including
landslide areas, snow slide or mud flow areas flooding etc. A preliminary
geologic study was performed in 1999 for a previous application for the
subdivision and a Letter of Update was included with the Sketch Plan
application. All homes will have an engineered foundation. A soils study
will be performed as part of each Building Permit an engineered
foundations will be provided for each residential structure.
The property is in an area identified as a Low Fire Hazard
Section 7 – 109 Fire Protection.
Response: Applicant reviewed plans with Colorado River Fire Department
as part of the Sketch Plan review and an on-site visit was part of the
meeting. The Fire District will be able to hook onto a dry hydrant situated
at the Irrigation Pond. All homes built on the Subdivision will contain fire
sprinklers and will be reviewed at time of Building Permit.
The Fire Department will be able to hook on to this dry hydrant in order to
fight any structure or wildfire in the immediate area.
Mountain View Preliminary Plan 24
DIVISION 2 GENERAL RESOURCE PROTECTION STANDARDS FOR LAND USE
CHANGE PERMITS
Section 7-201 Protection of Agricultural Lands
Response: This development will not adversely affect any existing
agricultural operations. Lot 4 of the SSE is surrounded by County and
private roads and there are 3 lots to the north which are already
developed as residential properties. Please note that the subject property
had some interim and limited agricultural operations on-site during some
of the past 20 years while waiting for conditions to be right to proceed
with an updated land-use application.
Domestic Animals. Domestic animals are already subject to protective
covenants as being part of the PVO/SSE HOA and this property will
continue to have these or other appropriate controls.
Fences. Any new fencing will be built by private property owners and be
maintained by the owner or HOA. Perimeter fencing already exists. The
new fencing will be CPW standards as necessary
Roads. Existing County private roads are already well-established in this
area. There will be a new private road accessing off of CR 261; this has
adequate sight distance and a driveway access permit was obtained and
access constructed (See permit # GRB16-D-18 contained in Engineer’s
Basic Traffic Analysis).
Ditches. There are no longer any ditches on the site that are used
exclusively for agricultural operations. There is a tail water ditch in the
northwest quadrant of the site in this will be maintained. Lots in this
portion of the PVO/SSE already have a private irrigation system and the
subdivision will be
hooking onto and then extending the piped irrigation facility.
Section 7-202 Protection of Wildlife Habitat Areas
Response: This subdivision received comments from the Colorado
Division of Wildlife (now Colorado Parks and Wildlife) into separate letters
in 2000. This correspondence is included in Exhibit I. Comments included
keeping any ditches in their present condition and consider them
wetlands. Also noted was the presence of mule deer moving through the
property. Areas of critical habitat were not mentioned.
Mountain View Preliminary Plan 25
Types of fencing were addressed and they included wildlife friendly
fencing or wildlife exclusion fencing which should be a minimum of 7 feet
tall. The property has been fenced for many years and no fencing along
the exterior of the subdivision as planned. Any future fencing would follow
these guidelines.
Section 7-203 Protection of Wetlands and Waterbodies
Response: There are no perennial streams or water bodies on the
subject property. The Division of Wildlife letter (now CPW) did state that
existing ditches with cattails should be considered wetlands and not be
disturbed. There is a tail water ditch in the northwest quadrant of the
property which was mentioned previously. This is being maintained.
Section 7-204 Drainage and Erosion
Response: The Engineering Report for the property considers drainage
and erosion. Drainage from the interior Road will be captured in a bio
retention facility located to the southwest of that private road. Drainage
will be released at historic rates and funneled to appropriate areas and
there are drainage easements provided where necessary throughout the
project. Positive drainage away from buildings will be provided and
analyzed at time of building permit.
There are no water bodies where drainage will be directed. Impervious
surface areas are minimal and do not need special consideration.
There are no stormwater detention ponds that are required for drainage
for the project.
Present development concept should not result in more than 1 acre being
disturbed (per Article 7-204 A). If this should change, a CDPHE discharge
permit will be obtained).
Section 7-205 Environmental Quality
Response: There are no proposed land uses in the subdivision which
would compromise air or water quality. Uses are simply single-family
detached structures in compliance with zoning densities as well as
allowed accessory uses including ADU’s.
Section 7-206 Wildfire Hazards
Response: As noted previously, this area is in a low wildfire hazard area.
The applicants are making available for fire protection purposes access to
Mountain View Preliminary Plan 26
the irrigation pond and the irrigation pond is outfitted with a properly
designed dry hydrant access.
Applicant has met with the Fire Marshall of the Colorado River Fire
Protection District. Through these discussions each residential unit will be
sprinkled. Systems will be reviewed at time of Building Permit.
Section 7-207 Areas Subject to Natural hazards and Geologic Hazards
Utilities. There are no aboveground utility facilities being located within
the subdivision and no aboveground utilities located in hazard areas.
Hazards. A Geologic Hazard Assessment was made in November 1999
and written recommendations provided on November 16 of that year. An
updated letter related to the geological assessment was written on
December 21, 2023 and is provided in Exhibit G.
There were no hazards related to avalanche, landslides, rock fall/debris,
alluvial fans. The property is also subject to a gentle slope proceeding
from northeast of Southwest averaging about 3 to 4%.
Soils in the surrounding area can be subject to collapse or settlement,
and every building permit should be accompanied by a soils analysis and
recommendations on foundation and drainage.
The property is also subject to earthquake related ground shaking. The
area is in UBC – Seismic Risk Zone 1 should be designed to withstand
moderate ground shaking.
Section 7-208 Reclamation
Response: Any area disturbed as part of construction activities related to
infrastructure improvements, OWTS on any lots or any driveway permits
will comply with the standards contained in Section 208 B as necessary.
This reclamation will probably be limited to contouring and revegetation.
Disturbed areas will also be treated so that noxious weeds are controlled.
DIVISION 3 SITE PLANNING AND DEVELOPMENT STANDARDS
Section 7-301 Compatible Design
Response:
A. Site Organization. The site planning done for the project is logical
given its location and surrounding land uses which are mostly residential
lots of similar size lots. Access for the property via the proposed private
Mountain View Preliminary Plan 27
road meets County specifications. Applicant has previously obtained a
permit for access onto CR 261.
B. Operational Characteristics. No objectionable emissions expected.
Generally, noise and hours of operation will not be an issue with
residential development. Infrastructure installation will generally be
limited to normal business hours. No unusual times will be necessary for
eventual construction of residential units.
C .Buffering. N/A. There are no adjacent uses that are located in a
different zone district.
E. Materials. N/A. All structures will be residential, single-family at rural
residential densities. The CCR’s will include a design review process and
all proposed construction will be reviewed as is typical in such residential
developments.
Section 7-302 Off- Street Parking and Loading Standards
Response: Generally not applicable, as this is not a multifamily,
commercial or industrial development. All required parking will occur on
the same lot as the uses they are intended to serve.
Clear vision areas will be maintained as necessary. Most standards such
as Loading and unloading areas, minimum dimensions of loading births,
handicap parking will not be necessary.
Section 7-303 Landscaping Standards
Response:
Landscaping: General Standards. Development will comply with the
standards as applicable. In recent times, the site was used agriculturally
for the growing of hemp. Much the original vegetation had been removed
and remnants of the hemp are gone. There are there are no special areas
of mature trees that are valuable
The CCR’s and design review will refer to the standards contained in 7-
303 F.
There are no specific areas targeted for landscaping where parking
should be prohibited.
A clear vision area according to Article 7-303 I will be maintained at the
intersection of the private road and CR 261.
Mountain View Preliminary Plan 28
Section 7-304 Lighting
Lighting Standards. Any outdoor lighting will comply with the standards
of this section of the Garfield County LUDC (7-304 A). All lighting will be
downcast and shielded - and light will not shine directly on to other
properties. References and standards will be made a part of the
covenants. Outdoor lighting will be reviewed by the Architectural Review
Committee at time of submission of building plans.
No flashing lights are expected since this is not a commercial or industrial
area. There will be no commercial greenhouses.
Section 7-305 Snow Storage Standards
Response: N/A. Snow plowing on the subdivision road will be done by
the HOA. And snow will not be permitted to be stored on the private road.
Section 7-306 Trail and Walkway Standards
Response:
A. Recreational and community facility access. N/A. There are no
appropriate schools, shopping areas or other similar community types of
land uses close to the subject property where a link would be practical
and appropriate. Therefore, no trails rights-of-way or have been set aside
for the project. This neighborhood is quiet and no issues with pedestrian
circulation on the private road are anticipated.
DIVISION 4 SUBDIVISION STANDARDS AND DESIGN
SPECIFICATIONS
Section 7-401 General subdivision Standards
A. Maintenance for Common Facilities.
Response: Common facilities are the connections to the domestic water
system, irrigation system and subdivision road. Common maintenance
and repair will be provided for as part of the CCR’s. Lot 4E will have
access from Columbine Lane. The access will be directly opposite
another access point on to Columbine Lane in the subdivision. This has
been reviewed with the HOA president. Lot 4 E will pay related fees to
Columbine Lane. This will be noted in the CCRs.
B. Domestic Animal Control
Response: Provided for in covenants. There are also Domestic Animal
Control mechanisms in the CCRs for the entire subdivision (PVO/SSE).
These will also be reviewed for consistency.
Mountain View Preliminary Plan 29
C. Fireplaces
Response: All fireplaces will conform to the County standards and will be
noted in the covenants. A solid fuel stoves, as defined by CRS § 25-7-401
shall be limited to 1 device in the subdivision. Open hearth, solid fuel
fireplaces shall be prohibited.
The subdivision is not adjacent to any floodplain.
Section 7-402 Subdivision Standards
A. Lots to Conform to Code.
Response: All lots conform to code
Lot characteristics are appropriate for this location. And there are no lots
less than 1 acre in size.
There are no issues with side lot lines in relation to the private subdivision
road easement.
All lots fronting on the cul-de-sac have more than the required 25 feet
frontage in the area and there will be no access problems.
No lots are being divided by municipal boundaries, county roads or public
rights-of-way.
Section 7-403 Survey Monuments
Response: Survey monument procedures will comply with state law (CRS
§ 38-51-104 and 38-51-105 as amended), and where appropriate,
Garfield County standards.
Section 7-404 School Land Dedication
Response: The property is not located within the RE-1 School District.
The subdivision is relatively small and there are no lands appropriate for
or needed for dedication the school district. Applicant proposes to pay
$200 per dwelling unit per Section 7-404 C.1
Section 7 – 405 Road Impact Fees
The Mountain View Subdivision is located within the District 2 North
Benefit Area. These fees will be paid per section 7 – 405 A.1 and
according to the fee schedule and Table 7 – 405 in effect at that time.
Mountain View Preliminary Plan 30
9. Impact Analysis
The following section of this application addresses the criteria outlined in Article 4-203 G E of the
Garfield County Unified Land Use Resolution. Responses to each criterion are in “italics”.
IMPACT ANALYSIS
The following section of this application addresses the criteria outlined in Article 4-203 G E of
the Garfield County Unified Land Use Resolution. Responses to each criterion are in “italics”.
G. Impact Analysis. The Impact Analysis shall provide a description of the impacts that the
proposed land use change may cause, based upon County regulations and standards.
The Impact Analysis shall include a complete description of how the applicant will ensure
that impacts will be mitigated and standards will be satisfied. The following information
shall be included in the Impact Analysis:
1. Adjacent Land Use. Existing use of adjacent property and neighboring
properties within 1500’ radius.
Response: Described in detail and responses to Compliance with Article 7
standards. See response to Section 7-103.
2. Site Features. A description of site features such as streams, areas subject to
flooding, lakes, high ground water areas, topography, vegetative cover,
climatology, and other features that may aid in the evaluation of the proposed
development.
Response: A description of the site features for the subject property includes:
Streams, lakes and other water related features. The subject property lies on
open areas of Silt Mesa south of the hills and incline going up to Harvey Gap.
There is some relatively high groundwater in the area, probably due to the
extensive irrigation in Silt Mesa. The geologic report indicates that there was
groundwater encountered on lots 4 and 4C at depths of 2 to 5 feet in the test pits.
The subject property is not located in a floodplain, nor is it subject to flooding,
debris flows, etc.
Vegetative cover. Original groundcover was removed over the years as the
property was used for agricultural uses - originally irrigated fields and part
dryland forage. In recent years, the property was subject to hemp farming. There
is a tail water ditch in the northwest quadrant of the site which has some
Mountain View Preliminary Plan 31
characteristics of riparian vegetation including cattail style vegetation. The tail
ditch will be maintained in its present location and an easement for the ditch will
be included on the final plat.
Topography. Topography is relatively flat with gentle slopes running from
northeast to southwest which reach a maximum of 2 to 5%.
Climatology. As characteristic of most of the lower elevations of the Colorado
River Valley, the subject property is characterized by cold winters and warm
summers, with significant diurnal swings. Amount of snow depends on the
particular winter.
Wildfire. The area is noted as low fire risk. Regardless, individual residential
structures will be sprinkled and the irrigation pond and the subdivision will have a
dry hydrant for access by the Colorado River Fire Department.
3. Soil Characteristics. A description of soil characteristics of the site which have
a significant influence on the proposed use of the land.
Response: The site is composed of eolian and alluvial deposits which feature
sandy silt and clay soils such as were found in the test pits on the property.
Groundwater is relatively close to the surface, and it is assumed that this is
because of the irrigation that occurs on Silt Mesa. Professional soils
investigations and engineered foundations to be included with the building permit
applications should mitigate any potential for settlement or other such
characteristics that may occur with low-density, rural residential development.
Please see the attached geologic reports (Exhibit G and the Engineering and
Drainage Report from Boundaries Unlimited For some more information on the
soils- Exhibit C).
4. Geology and Hazard. A description of the geologic characteristics of the area
including any potential natural or man-made hazards, and a determination of
what effect such factors would have on the proposed use of the land.
Response: Previous geologic analysis and report from H P Geotech in November
1999 and a Letter of Update in December, 2024 indicate that there are no severe
geologic hazards on the property. There is some potential for settlement due to
the groundwater and types of soils but these can be mitigated by direction of
post-development drainage and irrigation away from the buildings and reinforced
foundation walls and low footing bearing pressures after a soils assessment for a
specific building location. The Geo Hazard study also notes the possibility of
moderately strong earthquake related ground shaking but this can be mitigated
easily by following recommendations will was originally called uniform Building
Code, Seismic Zone 1 recommendations.
Mountain View Preliminary Plan 32
5. Effect on Groundwater and Aquifer Recharge Areas. Evaluation of the
relationship of the subject parcel to floodplains, the nature of soils and subsoils
and their ability to adequately support waste disposal, the slope of the land, the
effect of sewage effluents, and the pollution of surface runoff, stream flow and
groundwater.
Response: Waste water disposal. All lots will be served by OWTS. Lots are
sufficiently large that there will be adequate separation from other systems and
from other well sites.
There are no floodplains, streams or other surface water features in the area that
may be impacted. Slope of the property does not present any development or
geologic hazard constraints and does not place the area in a position where
scenic views of the surrounding homes would be blocked.
Surface runoff. Development potential is relatively light in scope, and there will
not be a significant increase in the level of impervious surface. Existing drainage
patterns will be maintained. The Engineering and Drainage Study indicates that
there should be no problems caused by the proposed development.
Aquifer Recharge. There will be a minimal increase in the impervious surface on
this 27.5 acre property from development. The interior road surface is not being
paved, and is approximately 600 lineal feet in distance.. Aquifer recharge should
not be affected.
6. Environmental Effects. Determination of the existing environmental conditions
on the parcel to be developed and the effects of development on those
conditions, including:
a. Determination of the long term and short term effect on flora and fauna.
Response: There should be no long-term or short-term effect on flora
and fauna. While the owner has previously leased the site for the
agricultural use of hemp, that use was terminated 2 years ago. Existing
flora are short grasses and brush with the exception of existing drainage
ditch in the northwest quadrant which shows some riparian
characteristics. Related to fauna, the property is not in its original in
pristine condition and while mule deer have visited the property in the
past, it is not noted as critical habitat.
b. Determination of the effect on designated environmental resources,
including critical wildlife habitat significant archaeological, cultural,
paleontological, historic resources.
Response: Discussion on critical wildlife habitat was noted above. There
are no special environmental resources that presently exist on the site.
c Impacts on wildlife and domestic animals to creation of hazardous
attractions, alteration of the existing native vegetation, blockage of
mitigation routes, use patterns, or other disruptions
Mountain View Preliminary Plan 33
Response: There are no hazardous attractions nor will there be attractive
nuisances related with this project. What was formally agricultural land
has been in a holding pattern for a number of years and the first
development application occurred more than 20 years ago. Alteration of
the existing vegetation and migration routes for wildlife have been noted
in other parts of the application. The proposed residential use pattern,
(rural residential use) is the predominant use in the area.
d. Evaluation of any potential radiation hazard that may have been identified
by the State or County Health Departments.
Response: The applicant and Development Team are not aware of any
potential radiation hazards that have been
7. Nuisance. Impacts on adjacent land from generation of vapor, dust, smoke,
noise, glare or vibration, or other emanations.
Response: There should be no impact on adjacent properties from additional
generation of vapor, dust, etc. With the exception of installation of infrastructure
and the construction of single-family residences and related accessory
structures, which are all short-term in nature, impacts should be minimal. County
guidelines for lighting will be followed, so there should be no excess glare or light
pollution from the subject property. No other nuisances are expected.
8. Hours of Operation. The Applicant shall submit information on the hours of
operation of the proposed use
Response: There are no set hours of operation as this is a rural, residential use
compatible with other properties in the nearby area. It is not commercial,
industrial or institutional in nature.
Mountain View Preliminary Plan 34
10. Mineral Rights
Our research indicates that the mineral rights have not been severed with the property. We first
examined all documentation in the B-2 exceptions of the current title commitment. There were two
leases related to mineral rights:
1. Apollo energy entered into a lease with the previous owners of the property, North 27
(Curriers), for a five-year time period which ended January 9, 2009. The terms of the lease were
than taken over by the new owners (Kirks). The following documents are in Exhibit H.
• Rec # 694178 - lease with North 27 – Apollo
• Rec # 727431 and 727432- Transfer of lease to new owners (Kirks
2. Red Dog LLC entered into a 5-year lease with Antero on May 2, 2011. This lease can be found as
Reception 804309. This lease is also found in Exhibit H.
The time frames for each of these leases expired without any action taken by the lessees.
The second thing we have done is contact the Assessor’s office. They are not actively valuing/tracking
ownership of any severed mineral interest in that particular Section/Township/Range. Finally, it appears
no mineral owner for the subject property has filed a request for notification to be provided in the case
of relevant land-use applications.
On the following page you will find attached the Certification of Mineral Owner Research
Mountain View Preliminary Plan 35
Mountain View Preliminary Plan 36
11. Affordable Housing
Provision of Affordable Housing is not required for this project. Section 8 – 102 A contains threshold
requirements for affordable housing once a subdivision or development consists of
15 or more lots or residential units
12. Miscellaneous Planning Items.
a. Open Space Plan. There is no separate open space plan for development of Lot 4 of the Simon
Subdivision Exemption. This is similar to the greater Peach Valley Orchard Subdivision as well as
other developments in this area of Silt Mesa
b. Landscape Plan. There is no overarching Landscape Plan for the development. There will be
revegetation of the areas that will be disturbed by installation of any infrastructure. There are
also be revegetation requirements per tap County Standards related to individual building
permits on each lot including OWTS facilities. Plantings and Revegetation will be by LU D the
standards in Article 7 – 303, with any significant vegetation plantings conforming with 7 – 303 F.
The standards will also be noted in the Covenants or the project.
c. Roads/trails/bikeways. No specific trails, bike paths or pedestrian paths are proposed. This is
similar to other areas in this portion of Silt Mesa. There is 1 Private Rd. provided for access. This
meets all standards in Article 7. That road will not be accepted by the County nor is it expected
to be maintained by the County. Arrow will be dedicated to the sub HOA for the development.
Mountain View Preliminary Plan 37
EXHIBIT A
Application and Related Forms
EXHIBIT B
Property Ownership Deeds
EXHIBIT C
Engineering Reports
• Grading and Drainage
• Traffic and Road Design
• Water Supply and Distribution
• Wastewater Management
Page 1
Mountain View Subdivision
BUI#09016.02 Major Subdivision Application December 18, 2024. Grading & Drainage Plan
This Drainage Plan is provided in accordance with Article IV Section 4-203.E of the Garfield County
Unified Land Use and Development Code and follows the outline provided therein.
E1. Site Map:
A Site Map has been attached which depicts the existing conditions and proposed improvements for
the proposed Mountain View Subdivision in Garfield County, Colorado. The 27.52 Ac. property is
owned currently by Red Dog, LLC and was previously developed with an irrigation pond and gravel
drive. The property is currently accessed from County Road #261 and from Columbine Lane along the
west boundary. The Applicant proposes to subdivide the property into five (5) residential lots. The
property is not located within a delineated floodplain.
E2. Drainage Structures:
Existing drainage features include roadside ditches and drainages which traverse the property. The
existing gravel drive extending from County Road #261 will be replaced with new 600 LF gravel
subdivision road containing rural grass lined roadside ditches. None of the individual lots are
anticipated to exceed 10,000 SF of impervious surface per Article VII Section 7-204.C but stormwater
will be mitigated for the subdivision road using a bioretention facility below the cul-de-sac. Each
individual property should be reviewed at the time of individual building permit to specifically locate
drainage culverts under private driveways and to determine if the 10,000 SF of impervious surface has
been exceeded.
The bioretention facility shall be constructed with a 300 SF base area, 2-feet deep, 3:1 side slope and
with a 12” wide overflow weir/channel placed 1.5-feet above the base finish grade. The base area
should be overexcavated 12-inches deep and filled with 8-inches of sand/peat media and indicated on
the Site Map and Details.
E3. Topography:
In general, The site slopes gently from north to south. Two (2) foot contours are represented on the
attached Site Map.
E4. Grading Plan:
Only minor grading is required for the subdivision road, bioretention facility and utility installations. No
major clearings should be necessary. Please see the attached Site Map and Details.
E5. Soil Stockpile and Snow Storage Area:
The proposed division of land does not require any major clearings or disturbances which would require
soil stockpiles. All lots will contain sufficient area for snow storage.
E6. Drainage Plan:
As mentioned, the site slopes gently from north to south. An existing drainage is located along the
common lot line of Lot 4-D and Lot 4-E which captures runoff from Lot 4-D and portions of Lot 4-E and
conveys it to an existing roadside drainage/irrigation ditch along the east side of Columbine Lane. This
drainage pattern will be maintained. The remainder of the subdivision sheet and shallow flows south
Page 2
onto adjacent irrigated fields. This general drainage pattern will also be maintained, but with the
addition of a bioretention facility at the end of the cul-de-sac to mitigate the subdivision road.
E7. Equipment Storage:
No equipment storage is proposed with this division of land.
E8. Temporary Roads:
No temporary roads are proposed with this division of land.
E9. Areas of Steep Slope:
No steep slopes exist on the property that would preclude a division of land.
E10. Construction Schedule:
Construction will be limited to the subdivision road, the bioretention facility, utility extensions, and the
installation of a dry hydrant/lateral in the existing lined pond. This should take 90-120 days to
complete.
E11. Permanent Stabilization:
The minimal disturbance required for construction should not require permanent stabilization beyond
the basic broadcasting of native seed with straw mulch cover.
E12. Erosion Control Measures:
Erosion control measures are provided on the Site Map and Details.
E13. Estimated Cost:
The estimated cost of the required temporary soil erosion and sediment control measures less is as
follows:
• Sediment control fencing: 800 LF @ $3.75/LF $3,000
• Erosion control logs: 40 LF @ $8.00/LF $ 320
• Seed & Straw Mulch: 0.10 Ac @ $7000/Ac $ 700
Total: $4,020
E14. Calculations:
Stormwater runoff and mitigation was estimate using Autodesk Storm and Sanitary Analysis, 2022 for
the basin affecting the subdivision road under the 2-yr, 25-yr and 100-year 24 hours storm events
(based on the SCS TR-20 Method). Please see the attached data sheets.
E15. Neighboring Areas:
The neighboring properties to the north, west and south are small acre rural single-family residential
and the land to the east is large acreage agricultural pasture. County Road #261 and an irrigation
lateral run along the east boundary and Columbine Lane and an irrigation lateral run along the west
boundary.
E16. Stormwater Management:
As discussed, temporary erosion control measures are included on the Site Map and Details and
stormwater mitigation is being provide for the subdivision road.
E17. Stormwater Management Plan:
The proposed division of land is anticipated to disturb less than 1.0 acre and therefore does not require
an application with the CDPHE.
Page 3
E18. Reclamation, Revegetation and Soil Plan:
a. Reclamation of disturbed areas adjacent to the subdivision road, within the bioretention facility
and atop the utility installations should be limited to broadcasting native seed and straw mulch
cover. These locations shall be seeded with a CDOT Region 3 Seed mix appropriate for
elevations below 6500-feet as indicated on the Site Map.
b. Disturbances are very limited for the proposed improvements and do not anticipate the need for
overlot topsoil stripping and stockpiling. Topsoil from the roadway construction will be
distributed evenly across the adjacent areas and revegetated.
c. The proposed division of land is anticipated to disturb less than 1.0 acre and therefore does not
require a Weed Management Plan.
d. The proposed division of land does not meet any of the five (5) listed criteria requiring
revegetation security.
e. Not applicable.
E19. Hydraulic Calculation:
Please see the attached hydraulic calculation for the roadside ditches and swale.
E20. Maintenance Requirements:
The Mile High Flood District recommends the following for maintenance of swales and bioretention
(infiltration) BMPs:
• Grass Swales
Swales require maintenance of the turf cover and repair of rill or gully development. Healthy
vegetation can often be maintained without using fertilizers because runoff from lawns and other
areas contains the needed nutrients. Periodically inspecting the vegetation over the first few
years will help to identify emerging problems and help to plan for long-term restorative
maintenance needs. This section presents a summary of specific maintenance requirements
and a suggested frequency of action.
1. Inspection. Inspect vegetation at least twice annually for uniform cover and traffic
impacts. Check for sediment accumulation and rill and gully development.
2. Debris and Litter Removal. Remove litter and debris to prevent rill and gully
development from preferential flow paths around accumulated debris, enhance
aesthetics, and prevent floatables from being washed offsite. This should be done as
needed based on inspection, but no less than two times per year.
3. Aeration. Aerating manicured grass will supply the soil and roots with air. It reduces
soil compaction and helps control thatch while helping water move into the root zone.
Aeration is done by punching holes in the ground using an aerator with hollow punches
that pull the soil cores or "plugs" from the ground. Holes should be at least 2 inches
deep and no more than 4 inches apart. Aeration should be performed at least once per
year when the ground is not frozen. Water the turf thoroughly prior to aeration. Mark
sprinkler heads and shallow utilities such as irrigation lines and cable TV lines to ensure
those lines will not be damaged. Avoid aerating in extremely hot and dry conditions.
Heavy traffic areas may require aeration more frequently.
4. Mowing. When starting from seed, mow native/drought-tolerant grasses only when
required to deter weeds during the first three years. Following this period, mowing of
native/drought tolerant grass may stop or be reduced to maintain a length of no less than
six inches. Mowing of manicured grasses may vary from as frequently as weekly during
the summer, to no mowing during the winter. See the inset for additional
recommendations from the CSU Extension.
Page 4
5. Irrigation Scheduling and Maintenance. Adjust irrigation schedules throughout the
growing season to provide the proper irrigation application rate to maintain healthy
vegetation. Less irrigation is typically needed in early summer and fall, with more
irrigation needed during July and August. Native grass should not require irrigation after
establishment, except during prolonged dry periods when supplemental, temporary
irrigation may aid in maintaining healthy vegetation cover. Check for broken sprinkler
heads and repair them, as needed. Do not overwater. Signs of overwatering and/or
broken sprinkler heads may include soggy areas and unevenly distributed areas of lush
growth.
Completely drain and blowout the irrigation system before the first winter freeze each
year. Upon reactivation of the irrigation system in the spring, inspect all components
and replace damaged parts, as needed
6. Fertilizer, Herbicide, and Pesticide Application. Use the minimum amount of
biodegradable nontoxic fertilizers and herbicides needed to establish and maintain
dense vegetation cover that is reasonably free of weeds. Fertilizer application may be
significantly reduced or eliminated by the use of mulch-mowers, as opposed to bagging
and removing clippings. To keep clippings out of receiving waters, maintain a 25-foot
buffer adjacent to open water areas where clippings are bagged. Hand-pull the weeds in
areas with limited weed problems.
Frequency of fertilizer, herbicide, and pesticide application should be on an as-needed
basis only and should decrease following establishment of vegetation. For additional
information on managing vegetation in a manner that conserves water and protects
water quality, see the 2008 GreenCO Best Management Practices Manual
(www.greenco.org) for a series of Colorado-based BMP fact sheets on topics such as
irrigation, plant care, and soil amendments.
7. Sediment Removal. Remove sediment as needed based on inspection. Frequency
depends on site-specific conditions. For planning purposes, it can be estimated that 3 to
10% of the swale length will require sediment removal on an annual basis.
Remove accumulated sediment near culverts and in channels to maintain flow capacity.
Spot replace the grass areas as necessary.
Reseed and/or patch damaged areas in side slopes, and/or channel to maintain healthy
vegetative cover. This should be conducted as needed based on inspection. Over time,
and depending on pollutant loads, a portion of the buffer or swale may need to be
rehabilitated due to sediment deposition. Periodic sediment removal will reduce the
frequency of revegetation required.
• Bioretention (Rain Garden or Porous Landscape Detention)
The primary maintenance objective for bioretention, also known as porous landscape detention,
is to keep vegetation healthy, remove sediment and trash, and ensure that the facility is draining
properly. The growing medium may need to be replaced eventually to maintain performance.
This section summarizes key maintenance considerations for bioretention.
1. Inspection. Inspect the infiltrating surface at least twice annually following precipitation
events to determine if the bioretention area is providing acceptable infiltration.
Bioretention facilities are designed with a maximum depth for the WQCV of one foot and
soils that will typically drain the WQCV over approximately 12 hours. If standing water
Page 5
persists for more than 24 hours after runoff has ceased, clogging should be further
investigated and remedied. Additionally, check for erosion and repair as necessary.
2. Debris and Litter Removal. Remove debris and litter from the infiltrating surface to
minimize clogging of the media. Remove debris and litter from the overflow structure.
3. Mowing and Plant Care.
• All vegetation: Maintain healthy, weed-free vegetation. Weeds should be
removed before they flower. The frequency of weeding will depend on the
planting scheme and cover. When the growing media is covered with mulch or
densely vegetated, less frequent weeding will be required.
• Grasses: When started from seed, allow time for germination and establishment
of grass prior to mowing. If mowing is required during this period for weed
control, it should be accomplished with hand-held string trimmers to minimize
disturbance to the seedbed. After established, mow as desired or as needed
for weed control. Following this period, mowing of native/drought tolerant
grasses may stop or be reduced to maintain a length of no less than 6 inches.
Mowing of manicured grasses may vary from as frequently as weekly during
the summer, to no mowing during the winter.
4. Irrigation Scheduling and Maintenance. Adjust irrigation throughout the growing
season to provide the proper irrigation application rate to maintain healthy vegetation.
Less irrigation is typically needed in early summer and fall, while more irrigation is
needed during the peak summer months. Native grasses and other drought tolerant
plantings should not typically require routine irrigation after establishment, except during
prolonged dry periods.
Check for broken sprinkler heads and repair them, as needed. Completely drain the
irrigation system before the first winter freeze each year. Upon reactivation of the
irrigation system in the spring, inspect all components and replace damaged parts, as
needed.
5. Replacement of Wood Mulch. Replace wood mulch only when needed to maintain a
mulch depth of up to approximately 3 inches. Excess mulch will reduce the volume
available for storage.
6. Sediment Removal and Growing Media Replacement. If ponded water is observed in
a bioretention cell more than 24 hours after the end of a runoff event, check underdrain
outfall locations and clean-outs for blockages. Maintenance activities to restore
infiltration capacity of bioretention facilities will vary with the degree and nature of the
clogging. If clogging is primarily related to sediment accumulation on the filter surface,
infiltration may be improved by removing excess accumulated sediment and scarifying
the surface of the filter with a rake. If the clogging is due to migration of sediments
deeper into the pore spaces of the media, removal and replacement of all or a portion of
the media may be required. The frequency of media replacement will depend on site-
specific pollutant loading characteristics. Although surface clogging of the media is
expected over time, established root systems promote infiltration. This means that
mature vegetation that covers the filter surface should increase the life span of the
growing media, serving to promote infiltration even as the media surface clogs
Page 6
E21. Spill Prevention Control and Countermeasures Plan:
No fuel and/or hazardous liquid storages are proposed for this division of land.
E22. Additional Information or Detail:
None.
E22. Signatures:
Prepared by:
Deric J. Walter, PE
Boundaries Unlimited Inc.
Acknowledged by:
Red Dog LLC - Terry Kirk
Owner/Manager
Attachments
• Drainage/Hydrologic Data Sheets
• Hydraulic Data Sheet
• NRCS Websoil Survey
• Site Map & Details
Autodesk Storm and Sanitary AnalysisAutodesk Storm and Sanitary Analysis
Area (sf)%Area (sf)%Area (sf)%
Pre ROW 263680 0 0.0%--256327 97.2%
Dev ROW 263680 0 0.0%13003 4.9%243325 92.3%
Area (sf)%Area (sf)%
Pre ROW --7353 2.8%61.4
Dev ROW 5012 1.9%2340 0.9%62.8
L
(ft)
HO1
(ft)
HO2
(ft)
Slope
(%)
Pre ROW 100 5852 5846 6.0%
Dev ROW 100 5852 5846 6.0%
L
(ft)
Hf1
(ft)
Hf2
(ft)
Slope
(%)
Pre ROW 930 5846 5806 4.3%
Dev ROW 750 5846 5814 4.3%
200 5814 5808 3.0%
Basin TcSSA
(min.)
Q2
(cfs)
Q25
(cfs)
Q100
(cfs)
Pre ROW 19.1 0.00 0.02 0.24
Dev ROW 19.9 0.00 0.04 0.39
0.00 0.02 0.14
Basin
Shallow Flow
Controlled Rate (cfs):
Basin
Drainage Basin Summary
Red Dog Major Subdivision
Sheet Flow
Soil Type BImpervious
Curve
NumberPasture
Basin Area
(sf)
Soil Type C
Gravels
Basin
Gravels Pasture
2-year 24-hour
Storm Event
BUI#09016.03
Project Description
09016-SSA.SPF
Project Options
CFS
Elevation
SCS TR-20
SCS TR-55
Hydrodynamic
YES
YES
Rainfall Details
SN Rain Gage Data Data Source Rainfall Rain State County Return Rainfall Rainfall
ID Source ID Type Units Period Depth Distribution
(years) (inches)
49 Time Series Silt-2yr Intensity inches Colorado Garfield 2.00 1.05 SCS Type II 24-hr
Enable Overflow Ponding at Nodes ..........
Skip Steady State Analysis Time Periods ...
File Name ................................................
Flow Units ...............................................
Elevation Type .........................................
Hydrology Method ..................................
Time of Concentration (TOC) Method ......
Link Routing Method ...............................
923 Cooper Ave., Ste. 201
Glenwood Springs, CO 81601
Boundaries Unlimited Inc.
www.bu-inc.com
Deric Walter, PE
970.945.5252
====== ======
2-year 24-hour
Storm Event
BUI#09016.03
Subbasin Summary
SN Subbasin Area Peak Rate Weighted Total Total Total Peak Time of
ID Factor Curve Rainfall Runoff Runoff Runoff Concentration
Number Volume
(ft²)(in) (in) (ft³) (cfs) (days hh:mm:ss)
1 Dev_ROW 48 484.00 62.83 1.05 0.00 0.0 0.00 0 00:19:06
2 Pre_ROW 48 484.00 61.36 1.05 0.00 0.0 0.00 0 00:19:52
923 Cooper Ave., Ste. 201
Glenwood Springs, CO 81601
Boundaries Unlimited Inc.
www.bu-inc.com
Deric Walter, PE
970.945.5252
====== ======
2-year 24-hour
Storm Event
BUI#09016.03
Node Summary
SN Element Element Invert Ground/Rim Initial Surcharge Ponded Peak Max HGL Max Min Time of Total Total Time
ID Type Elevation (Max) Water Elevation Area Inflow Elevation Surcharge Freeboard Peak Flooded Flooded
Elevation Elevation Attained Depth Attained Flooding Volume
Attained Occurrence
(ft) (ft) (ft) (ft) (ft²) (cfs) (ft) (ft) (ft) (days hh:mm) (ac-in) (min)
1 Out_Dev_ROW Outfall 5808.00 0.00 5808.00
2 Out-Pre_ROW Outfall 5808.00 0.00 5808.00
3 Bio-ROW Storage Node 5808.00 5810.00 5808.00 0.00 0.00 5808.00 0.00 0.00
923 Cooper Ave., Ste. 201
Glenwood Springs, CO 81601
Boundaries Unlimited Inc.
www.bu-inc.com
Deric Walter, PE
970.945.5252
====== ======
2-year 24-hour
Storm Event
BUI#09016.03
Link Summary
SN Element Element From To (Outlet) Length Inlet Outlet Average Diameter or Manning's Peak Design Flow Peak Flow/ Peak Flow Peak Flow Peak Flow Total Time
ID Type (Inlet) Node Invert Invert Slope Height Roughness Flow Capacity Design Flow Velocity Depth Depth/ Surcharged
Node Elevation Elevation Ratio Total Depth
Ratio
(ft) (ft) (ft) (%) (in)(cfs) (cfs)(ft/sec) (ft)(min)
1 Overflow_ROW Weir Bio-ROW Out_Dev_ROW 5808.00 5808.00 0.00
923 Cooper Ave., Ste. 201
Glenwood Springs, CO 81601
Boundaries Unlimited Inc.
www.bu-inc.com
Deric Walter, PE
970.945.5252
====== ======
2-year 24-hour
Storm Event
BUI#09016.03
Subbasin Hydrology
Subbasin : Dev_ROW
Input Data
Area (ft²) ............................................................................. 263680
Peak Rate Factor ................................................................. 484
Weighted Curve Number ..................................................... 62.83
Rain Gage ID .......................................................................Rain Gage-01
Composite Curve Number
32 Area Soil Curve
Soil/Surface Description (ft²)Group Number
Paved parking & roofs 0 C 98
Gravel roads 12920.33 B 85
Gravel roads 5009.92 C 89
Pasture, grassland, or range, Good 243376.65 B 61
Pasture, grassland, or range, Good 2373.11 C 74
Composite Area & Weighted CN 263680.01 62.83
Time of Concentration
TOC Method : SCS TR-55
Sheet Flow Equation :
Tc = (0.007 * ((n * Lf)^0.8)) / ((P^0.5) * (Sf^0.4))
Where :
Tc = Time of Concentration (hr)
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 (hr)
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 (hr)
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
923 Cooper Ave., Ste. 201
Glenwood Springs, CO 81601
Boundaries Unlimited Inc.
www.bu-inc.com
Deric Walter, PE
970.945.5252
====== ======
2-year 24-hour
Storm Event
BUI#09016.03
Subarea Subarea Subarea
Sheet Flow Computations A B C
Manning's Roughness :0.13 0 0
Flow Length (ft) :100 0 0
Slope (%) :6 0 0
2 yr, 24 hr Rainfall (in) :1.2 0 0
Velocity (ft/sec) :0.18 0 0
Computed Flow Time (min) :9.2 0 0
Subarea Subarea Subarea
Shallow Concentrated Flow Computations A B C
Flow Length (ft) :750 200 0
Slope (%) :4.3 3 0
Surface Type :Grass pasture Grassed waterway Grassed waterway
Velocity (ft/sec) :1.45 2.6 0
Computed Flow Time (min) :8.62 1.28 0
Total TOC (min) ..................19.10
Subbasin Runoff Results
Total Rainfall (in) ................................................................. 1.05
Total Runoff (in) .................................................................. 0
Peak Runoff (cfs) ................................................................. 0
Weighted Curve Number ..................................................... 62.83
Time of Concentration (days hh:mm:ss) .............................. 0 00:19:06
923 Cooper Ave., Ste. 201
Glenwood Springs, CO 81601
Boundaries Unlimited Inc.
www.bu-inc.com
Deric Walter, PE
970.945.5252
====== ======
2-year 24-hour
Storm Event
BUI#09016.03
Subbasin : Pre_ROW
Input Data
Area (ft²) ............................................................................. 263680
Peak Rate Factor ................................................................. 484
Weighted Curve Number ..................................................... 61.36
Rain Gage ID .......................................................................Rain Gage-01
Composite Curve Number
32 Area Soil Curve
Soil/Surface Description (ft²)Group Number
Pasture, grassland, or range, Good 256296.98 B 61
Pasture, grassland, or range, Good 7383.03 C 74
Composite Area & Weighted CN 263680.01 61.36
Time of Concentration
Subarea Subarea Subarea
Sheet Flow Computations A B C
Manning's Roughness :0.13 0 0
Flow Length (ft) :100 0 0
Slope (%) :6 0 0
2 yr, 24 hr Rainfall (in) :1.2 0 0
Velocity (ft/sec) :0.18 0 0
Computed Flow Time (min) :9.2 0 0
Subarea Subarea Subarea
Shallow Concentrated Flow Computations A B C
Flow Length (ft) :930 0 0
Slope (%) :4.3 0 0
Surface Type :Grass pasture Grass pasture Grassed waterway
Velocity (ft/sec) :1.45 0 0
Computed Flow Time (min) :10.69 0 0
Total TOC (min) ..................19.88
Subbasin Runoff Results
Total Rainfall (in) ................................................................. 1.05
Total Runoff (in) .................................................................. 0
Peak Runoff (cfs) ................................................................. 0
Weighted Curve Number ..................................................... 61.36
Time of Concentration (days hh:mm:ss) .............................. 0 00:19:53
923 Cooper Ave., Ste. 201
Glenwood Springs, CO 81601
Boundaries Unlimited Inc.
www.bu-inc.com
Deric Walter, PE
970.945.5252
====== ======
2-year 24-hour
Storm Event
BUI#09016.03
Storage Nodes
Storage Node : Bio-ROW
Input Data
5808.00
5810.00
2.00
5808.00
0.00
0.00
0.00
Infiltration/Exfiltration
0.17
Storage Area Volume Curves
Storage Curve : Retention-300sf x 2'
Stage Storage Storage
Area Volume
(ft)(ft²) (ft³)
0 300 0
1 538 419
2 833 1104.5
Invert Elevation (ft) ..........................................................
Max (Rim) Elevation (ft) ...................................................
Max (Rim) Offset (ft) ........................................................
Initial Water Elevation (ft) ................................................
Initial Water Depth (ft) ....................................................
Ponded Area (ft²) .............................................................
Evaporation Loss ..............................................................
Exfiltration Rate (in/hr) ....................................................
923 Cooper Ave., Ste. 201
Glenwood Springs, CO 81601
Boundaries Unlimited Inc.
www.bu-inc.com
Deric Walter, PE
970.945.5252
====== ======
2-year 24-hour
Storm Event
BUI#09016.03
Storage Area Volume Curves
Storage Area Storage Volume
Storage Area (ft²)
800750700650600550500450400350300
Storage Volume (ft³)
1,1001,0009008007006005004003002001000
S
t
a
g
e
(
f
t
)
2
1.95
1.9
1.85
1.8
1.75
1.7
1.65
1.6
1.55
1.5
1.45
1.4
1.35
1.3
1.25
1.2
1.15
1.1
1.05
1
0.95
0.9
0.85
0.8
0.75
0.7
0.65
0.6
0.55
0.5
0.45
0.4
0.35
0.3
0.25
0.2
0.15
0.1
0.05
0
S
t
a
g
e
(
f
t
)
2
1.95
1.9
1.85
1.8
1.75
1.7
1.65
1.6
1.55
1.5
1.45
1.4
1.35
1.3
1.25
1.2
1.15
1.1
1.05
1
0.95
0.9
0.85
0.8
0.75
0.7
0.65
0.6
0.55
0.5
0.45
0.4
0.35
0.3
0.25
0.2
0.15
0.1
0.05
0
923 Cooper Ave., Ste. 201
Glenwood Springs, CO 81601
Boundaries Unlimited Inc.
www.bu-inc.com
Deric Walter, PE
970.945.5252
====== ======
2-year 24-hour
Storm Event
BUI#09016.03
Storage Node : Bio-ROW (continued)
Outflow Weirs
SN Element Weir Flap Crest Crest Length Weir Total Discharge
ID Type Gate Elevation Offset Height Coefficient
(ft) (ft) (ft) (ft)
1 Overflow_ROW Rectangular No 5809.50 1.50 1.00 1.00 3.33
Output Summary Results
0
0
0
0.07
5808
0
5808
0
0 00:00
0
0
0
0
Peak Exfiltration Flow Rate (cfm) .....................................
Peak Inflow (cfs) ..............................................................
Peak Lateral Inflow (cfs) ...................................................
Peak Outflow (cfs) ............................................................
Total Flooded Volume (ac-in) ...........................................
Total Time Flooded (min) .................................................
Total Retention Time (sec) ...............................................
Max HGL Elevation Attained (ft) .......................................
Max HGL Depth Attained (ft) ............................................
Average HGL Elevation Attained (ft) .................................
Average HGL Depth Attained (ft) ......................................
Time of Max HGL Occurrence (days hh:mm) ....................
Total Exfiltration Volume (1000-ft³) .................................
923 Cooper Ave., Ste. 201
Glenwood Springs, CO 81601
Boundaries Unlimited Inc.
www.bu-inc.com
Deric Walter, PE
970.945.5252
====== ======
25-year 24-hour
Storm Event
BUI#09016.03
Project Description
09016-SSA.SPF
Project Options
CFS
Elevation
SCS TR-20
SCS TR-55
Hydrodynamic
YES
YES
Rainfall Details
SN Rain Gage Data Data Source Rainfall Rain State County Return Rainfall Rainfall
ID Source ID Type Units Period Depth Distribution
(years) (inches)
49 Time Series Silt-25yr Intensity inches Colorado Garfield 25.00 1.77 SCS Type II 24-hr
Enable Overflow Ponding at Nodes ..........
Skip Steady State Analysis Time Periods ...
File Name ................................................
Flow Units ...............................................
Elevation Type .........................................
Hydrology Method ..................................
Time of Concentration (TOC) Method ......
Link Routing Method ...............................
923 Cooper Ave., Ste. 201
Glenwood Springs, CO 81601
Boundaries Unlimited Inc.
www.bu-inc.com
Deric Walter, PE
970.945.5252
====== ======
25-year 24-hour
Storm Event
BUI#09016.03
Subbasin Summary
SN Subbasin Area Peak Rate Weighted Total Total Total Peak Time of
ID Factor Curve Rainfall Runoff Runoff Runoff Concentration
Number Volume
(ft²)(in) (in) (ft³) (cfs) (days hh:mm:ss)
1 Dev_ROW 48 484.00 62.83 1.77 0.05 1164.6 0.04 0 00:19:06
2 Pre_ROW 48 484.00 61.36 1.77 0.04 835.0 0.02 0 00:19:52
923 Cooper Ave., Ste. 201
Glenwood Springs, CO 81601
Boundaries Unlimited Inc.
www.bu-inc.com
Deric Walter, PE
970.945.5252
====== ======
25-year 24-hour
Storm Event
BUI#09016.03
Node Summary
SN Element Element Invert Ground/Rim Initial Surcharge Ponded Peak Max HGL Max Min Time of Total Total Time
ID Type Elevation (Max) Water Elevation Area Inflow Elevation Surcharge Freeboard Peak Flooded Flooded
Elevation Elevation Attained Depth Attained Flooding Volume
Attained Occurrence
(ft) (ft) (ft) (ft) (ft²) (cfs) (ft) (ft) (ft) (days hh:mm) (ac-in) (min)
1 Out_Dev_ROW Outfall 5808.00 0.02 5808.00
2 Out-Pre_ROW Outfall 5808.00 0.02 5808.00
3 Bio-ROW Storage Node 5808.00 5810.00 5808.00 0.00 0.04 5809.53 0.00 0.00
923 Cooper Ave., Ste. 201
Glenwood Springs, CO 81601
Boundaries Unlimited Inc.
www.bu-inc.com
Deric Walter, PE
970.945.5252
====== ======
25-year 24-hour
Storm Event
BUI#09016.03
Link Summary
SN Element Element From To (Outlet) Length Inlet Outlet Average Diameter or Manning's Peak Design Flow Peak Flow/ Peak Flow Peak Flow Peak Flow Total Time
ID Type (Inlet) Node Invert Invert Slope Height Roughness Flow Capacity Design Flow Velocity Depth Depth/ Surcharged
Node Elevation Elevation Ratio Total Depth
Ratio
(ft) (ft) (ft) (%) (in)(cfs) (cfs)(ft/sec) (ft)(min)
1 Overflow_ROW Weir Bio-ROW Out_Dev_ROW 5808.00 5808.00 0.02
923 Cooper Ave., Ste. 201
Glenwood Springs, CO 81601
Boundaries Unlimited Inc.
www.bu-inc.com
Deric Walter, PE
970.945.5252
====== ======
25-year 24-hour
Storm Event
BUI#09016.03
Subbasin Hydrology
Subbasin : Dev_ROW
Input Data
Area (ft²) ............................................................................. 263680
Peak Rate Factor ................................................................. 484
Weighted Curve Number ..................................................... 62.83
Rain Gage ID .......................................................................Rain Gage-01
Composite Curve Number
32 Area Soil Curve
Soil/Surface Description (ft²)Group Number
Paved parking & roofs 0 C 98
Gravel roads 12920.33 B 85
Gravel roads 5009.92 C 89
Pasture, grassland, or range, Good 243376.65 B 61
Pasture, grassland, or range, Good 2373.11 C 74
Composite Area & Weighted CN 263680.01 62.83
Time of Concentration
TOC Method : SCS TR-55
Sheet Flow Equation :
Tc = (0.007 * ((n * Lf)^0.8)) / ((P^0.5) * (Sf^0.4))
Where :
Tc = Time of Concentration (hr)
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 (hr)
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 (hr)
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
923 Cooper Ave., Ste. 201
Glenwood Springs, CO 81601
Boundaries Unlimited Inc.
www.bu-inc.com
Deric Walter, PE
970.945.5252
====== ======
25-year 24-hour
Storm Event
BUI#09016.03
Subarea Subarea Subarea
Sheet Flow Computations A B C
Manning's Roughness :0.13 0 0
Flow Length (ft) :100 0 0
Slope (%) :6 0 0
2 yr, 24 hr Rainfall (in) :1.2 0 0
Velocity (ft/sec) :0.18 0 0
Computed Flow Time (min) :9.2 0 0
Subarea Subarea Subarea
Shallow Concentrated Flow Computations A B C
Flow Length (ft) :750 200 0
Slope (%) :4.3 3 0
Surface Type :Grass pasture Grassed waterway Grassed waterway
Velocity (ft/sec) :1.45 2.6 0
Computed Flow Time (min) :8.62 1.28 0
Total TOC (min) ..................19.10
Subbasin Runoff Results
Total Rainfall (in) ................................................................. 1.77
Total Runoff (in) .................................................................. 0.05
Peak Runoff (cfs) ................................................................. 0.04
Weighted Curve Number ..................................................... 62.83
Time of Concentration (days hh:mm:ss) .............................. 0 00:19:06
923 Cooper Ave., Ste. 201
Glenwood Springs, CO 81601
Boundaries Unlimited Inc.
www.bu-inc.com
Deric Walter, PE
970.945.5252
====== ======
25-year 24-hour
Storm Event
BUI#09016.03
Subbasin : Pre_ROW
Input Data
Area (ft²) ............................................................................. 263680
Peak Rate Factor ................................................................. 484
Weighted Curve Number ..................................................... 61.36
Rain Gage ID .......................................................................Rain Gage-01
Composite Curve Number
32 Area Soil Curve
Soil/Surface Description (ft²)Group Number
Pasture, grassland, or range, Good 256296.98 B 61
Pasture, grassland, or range, Good 7383.03 C 74
Composite Area & Weighted CN 263680.01 61.36
Time of Concentration
Subarea Subarea Subarea
Sheet Flow Computations A B C
Manning's Roughness :0.13 0 0
Flow Length (ft) :100 0 0
Slope (%) :6 0 0
2 yr, 24 hr Rainfall (in) :1.2 0 0
Velocity (ft/sec) :0.18 0 0
Computed Flow Time (min) :9.2 0 0
Subarea Subarea Subarea
Shallow Concentrated Flow Computations A B C
Flow Length (ft) :930 0 0
Slope (%) :4.3 0 0
Surface Type :Grass pasture Grass pasture Grassed waterway
Velocity (ft/sec) :1.45 0 0
Computed Flow Time (min) :10.69 0 0
Total TOC (min) ..................19.88
Subbasin Runoff Results
Total Rainfall (in) ................................................................. 1.77
Total Runoff (in) .................................................................. 0.04
Peak Runoff (cfs) ................................................................. 0.02
Weighted Curve Number ..................................................... 61.36
Time of Concentration (days hh:mm:ss) .............................. 0 00:19:53
923 Cooper Ave., Ste. 201
Glenwood Springs, CO 81601
Boundaries Unlimited Inc.
www.bu-inc.com
Deric Walter, PE
970.945.5252
====== ======
25-year 24-hour
Storm Event
BUI#09016.03
Storage Nodes
Storage Node : Bio-ROW
Input Data
5808.00
5810.00
2.00
5808.00
0.00
0.00
0.00
Infiltration/Exfiltration
0.17
Storage Area Volume Curves
Storage Curve : Retention-300sf x 2'
Stage Storage Storage
Area Volume
(ft)(ft²) (ft³)
0 300 0
1 538 419
2 833 1104.5
Invert Elevation (ft) ..........................................................
Max (Rim) Elevation (ft) ...................................................
Max (Rim) Offset (ft) ........................................................
Initial Water Elevation (ft) ................................................
Initial Water Depth (ft) ....................................................
Ponded Area (ft²) .............................................................
Evaporation Loss ..............................................................
Exfiltration Rate (in/hr) ....................................................
923 Cooper Ave., Ste. 201
Glenwood Springs, CO 81601
Boundaries Unlimited Inc.
www.bu-inc.com
Deric Walter, PE
970.945.5252
====== ======
25-year 24-hour
Storm Event
BUI#09016.03
Storage Area Volume Curves
Storage Area Storage Volume
Storage Area (ft²)
800750700650600550500450400350300
Storage Volume (ft³)
1,1001,0009008007006005004003002001000
S
t
a
g
e
(
f
t
)
2
1.95
1.9
1.85
1.8
1.75
1.7
1.65
1.6
1.55
1.5
1.45
1.4
1.35
1.3
1.25
1.2
1.15
1.1
1.05
1
0.95
0.9
0.85
0.8
0.75
0.7
0.65
0.6
0.55
0.5
0.45
0.4
0.35
0.3
0.25
0.2
0.15
0.1
0.05
0
S
t
a
g
e
(
f
t
)
2
1.95
1.9
1.85
1.8
1.75
1.7
1.65
1.6
1.55
1.5
1.45
1.4
1.35
1.3
1.25
1.2
1.15
1.1
1.05
1
0.95
0.9
0.85
0.8
0.75
0.7
0.65
0.6
0.55
0.5
0.45
0.4
0.35
0.3
0.25
0.2
0.15
0.1
0.05
0
923 Cooper Ave., Ste. 201
Glenwood Springs, CO 81601
Boundaries Unlimited Inc.
www.bu-inc.com
Deric Walter, PE
970.945.5252
====== ======
25-year 24-hour
Storm Event
BUI#09016.03
Storage Node : Bio-ROW (continued)
Outflow Weirs
SN Element Weir Flap Crest Crest Length Weir Total Discharge
ID Type Gate Elevation Offset Height Coefficient
(ft) (ft) (ft) (ft)
1 Overflow_ROW Rectangular No 5809.50 1.50 1.00 1.00 3.33
Output Summary Results
0.04
0.04
0.02
0.16
5809.53
1.53
5808.56
0.56
0 20:11
0.099
0
0
21460.23
Peak Exfiltration Flow Rate (cfm) .....................................
Peak Inflow (cfs) ..............................................................
Peak Lateral Inflow (cfs) ...................................................
Peak Outflow (cfs) ............................................................
Total Flooded Volume (ac-in) ...........................................
Total Time Flooded (min) .................................................
Total Retention Time (sec) ...............................................
Max HGL Elevation Attained (ft) .......................................
Max HGL Depth Attained (ft) ............................................
Average HGL Elevation Attained (ft) .................................
Average HGL Depth Attained (ft) ......................................
Time of Max HGL Occurrence (days hh:mm) ....................
Total Exfiltration Volume (1000-ft³) .................................
923 Cooper Ave., Ste. 201
Glenwood Springs, CO 81601
Boundaries Unlimited Inc.
www.bu-inc.com
Deric Walter, PE
970.945.5252
====== ======
100-year 24-hour
Storm Event
BUI#09016.03
Project Description
09016-SSA.SPF
Project Options
CFS
Elevation
SCS TR-20
SCS TR-55
Hydrodynamic
YES
YES
Rainfall Details
SN Rain Gage Data Data Source Rainfall Rain State County Return Rainfall Rainfall
ID Source ID Type Units Period Depth Distribution
(years) (inches)
49 Time Series Silt-100yr Intensity inches Colorado Garfield 100.00 2.24 SCS Type II 24-hr
Enable Overflow Ponding at Nodes ..........
Skip Steady State Analysis Time Periods ...
File Name ................................................
Flow Units ...............................................
Elevation Type .........................................
Hydrology Method ..................................
Time of Concentration (TOC) Method ......
Link Routing Method ...............................
923 Cooper Ave., Ste. 201
Glenwood Springs, CO 81601
Boundaries Unlimited Inc.
www.bu-inc.com
Deric Walter, PE
970.945.5252
====== ======
100-year 24-hour
Storm Event
BUI#09016.03
Subbasin Summary
SN Subbasin Area Peak Rate Weighted Total Total Total Peak Time of
ID Factor Curve Rainfall Runoff Runoff Runoff Concentration
Number Volume
(ft²)(in) (in) (ft³) (cfs) (days hh:mm:ss)
1 Dev_ROW 48 484.00 62.83 2.24 0.16 3515.7 0.39 0 00:19:06
2 Pre_ROW 48 484.00 61.36 2.24 0.13 2900.5 0.24 0 00:19:52
923 Cooper Ave., Ste. 201
Glenwood Springs, CO 81601
Boundaries Unlimited Inc.
www.bu-inc.com
Deric Walter, PE
970.945.5252
====== ======
100-year 24-hour
Storm Event
BUI#09016.03
Node Summary
SN Element Element Invert Ground/Rim Initial Surcharge Ponded Peak Max HGL Max Min Time of Total Total Time
ID Type Elevation (Max) Water Elevation Area Inflow Elevation Surcharge Freeboard Peak Flooded Flooded
Elevation Elevation Attained Depth Attained Flooding Volume
Attained Occurrence
(ft) (ft) (ft) (ft) (ft²) (cfs) (ft) (ft) (ft) (days hh:mm) (ac-in) (min)
1 Out_Dev_ROW Outfall 5808.00 0.14 5808.00
2 Out-Pre_ROW Outfall 5808.00 0.23 5808.00
3 Bio-ROW Storage Node 5808.00 5810.00 5808.00 0.00 0.39 5809.62 0.00 0.00
923 Cooper Ave., Ste. 201
Glenwood Springs, CO 81601
Boundaries Unlimited Inc.
www.bu-inc.com
Deric Walter, PE
970.945.5252
====== ======
100-year 24-hour
Storm Event
BUI#09016.03
Link Summary
SN Element Element From To (Outlet) Length Inlet Outlet Average Diameter or Manning's Peak Design Flow Peak Flow/ Peak Flow Peak Flow Peak Flow Total Time
ID Type (Inlet) Node Invert Invert Slope Height Roughness Flow Capacity Design Flow Velocity Depth Depth/ Surcharged
Node Elevation Elevation Ratio Total Depth
Ratio
(ft) (ft) (ft) (%) (in)(cfs) (cfs)(ft/sec) (ft)(min)
1 Overflow_ROW Weir Bio-ROW Out_Dev_ROW 5808.00 5808.00 0.14
923 Cooper Ave., Ste. 201
Glenwood Springs, CO 81601
Boundaries Unlimited Inc.
www.bu-inc.com
Deric Walter, PE
970.945.5252
====== ======
100-year 24-hour
Storm Event
BUI#09016.03
Subbasin Hydrology
Subbasin : Dev_ROW
Input Data
Area (ft²) ............................................................................. 263680
Peak Rate Factor ................................................................. 484
Weighted Curve Number ..................................................... 62.83
Rain Gage ID .......................................................................Rain Gage-01
Composite Curve Number
32 Area Soil Curve
Soil/Surface Description (ft²)Group Number
Paved parking & roofs 0 C 98
Gravel roads 12920.33 B 85
Gravel roads 5009.92 C 89
Pasture, grassland, or range, Good 243376.65 B 61
Pasture, grassland, or range, Good 2373.11 C 74
Composite Area & Weighted CN 263680.01 62.83
Time of Concentration
TOC Method : SCS TR-55
Sheet Flow Equation :
Tc = (0.007 * ((n * Lf)^0.8)) / ((P^0.5) * (Sf^0.4))
Where :
Tc = Time of Concentration (hr)
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 (hr)
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 (hr)
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
923 Cooper Ave., Ste. 201
Glenwood Springs, CO 81601
Boundaries Unlimited Inc.
www.bu-inc.com
Deric Walter, PE
970.945.5252
====== ======
100-year 24-hour
Storm Event
BUI#09016.03
Subarea Subarea Subarea
Sheet Flow Computations A B C
Manning's Roughness :0.13 0 0
Flow Length (ft) :100 0 0
Slope (%) :6 0 0
2 yr, 24 hr Rainfall (in) :1.2 0 0
Velocity (ft/sec) :0.18 0 0
Computed Flow Time (min) :9.2 0 0
Subarea Subarea Subarea
Shallow Concentrated Flow Computations A B C
Flow Length (ft) :750 200 0
Slope (%) :4.3 3 0
Surface Type :Grass pasture Grassed waterway Grassed waterway
Velocity (ft/sec) :1.45 2.6 0
Computed Flow Time (min) :8.62 1.28 0
Total TOC (min) ..................19.10
Subbasin Runoff Results
Total Rainfall (in) ................................................................. 2.24
Total Runoff (in) .................................................................. 0.16
Peak Runoff (cfs) ................................................................. 0.39
Weighted Curve Number ..................................................... 62.83
Time of Concentration (days hh:mm:ss) .............................. 0 00:19:06
923 Cooper Ave., Ste. 201
Glenwood Springs, CO 81601
Boundaries Unlimited Inc.
www.bu-inc.com
Deric Walter, PE
970.945.5252
====== ======
100-year 24-hour
Storm Event
BUI#09016.03
Subbasin : Pre_ROW
Input Data
Area (ft²) ............................................................................. 263680
Peak Rate Factor ................................................................. 484
Weighted Curve Number ..................................................... 61.36
Rain Gage ID .......................................................................Rain Gage-01
Composite Curve Number
32 Area Soil Curve
Soil/Surface Description (ft²)Group Number
Pasture, grassland, or range, Good 256296.98 B 61
Pasture, grassland, or range, Good 7383.03 C 74
Composite Area & Weighted CN 263680.01 61.36
Time of Concentration
Subarea Subarea Subarea
Sheet Flow Computations A B C
Manning's Roughness :0.13 0 0
Flow Length (ft) :100 0 0
Slope (%) :6 0 0
2 yr, 24 hr Rainfall (in) :1.2 0 0
Velocity (ft/sec) :0.18 0 0
Computed Flow Time (min) :9.2 0 0
Subarea Subarea Subarea
Shallow Concentrated Flow Computations A B C
Flow Length (ft) :930 0 0
Slope (%) :4.3 0 0
Surface Type :Grass pasture Grass pasture Grassed waterway
Velocity (ft/sec) :1.45 0 0
Computed Flow Time (min) :10.69 0 0
Total TOC (min) ..................19.88
Subbasin Runoff Results
Total Rainfall (in) ................................................................. 2.24
Total Runoff (in) .................................................................. 0.13
Peak Runoff (cfs) ................................................................. 0.24
Weighted Curve Number ..................................................... 61.36
Time of Concentration (days hh:mm:ss) .............................. 0 00:19:53
923 Cooper Ave., Ste. 201
Glenwood Springs, CO 81601
Boundaries Unlimited Inc.
www.bu-inc.com
Deric Walter, PE
970.945.5252
====== ======
100-year 24-hour
Storm Event
BUI#09016.03
Storage Nodes
Storage Node : Bio-ROW
Input Data
5808.00
5810.00
2.00
5808.00
0.00
0.00
0.00
Infiltration/Exfiltration
0.17
Storage Area Volume Curves
Storage Curve : Retention-300sf x 2'
Stage Storage Storage
Area Volume
(ft)(ft²) (ft³)
0 300 0
1 538 419
2 833 1104.5
Invert Elevation (ft) ..........................................................
Max (Rim) Elevation (ft) ...................................................
Max (Rim) Offset (ft) ........................................................
Initial Water Elevation (ft) ................................................
Initial Water Depth (ft) ....................................................
Ponded Area (ft²) .............................................................
Evaporation Loss ..............................................................
Exfiltration Rate (in/hr) ....................................................
923 Cooper Ave., Ste. 201
Glenwood Springs, CO 81601
Boundaries Unlimited Inc.
www.bu-inc.com
Deric Walter, PE
970.945.5252
====== ======
100-year 24-hour
Storm Event
BUI#09016.03
Storage Area Volume Curves
Storage Area Storage Volume
Storage Area (ft²)
800750700650600550500450400350300
Storage Volume (ft³)
1,1001,0009008007006005004003002001000
S
t
a
g
e
(
f
t
)
2
1.95
1.9
1.85
1.8
1.75
1.7
1.65
1.6
1.55
1.5
1.45
1.4
1.35
1.3
1.25
1.2
1.15
1.1
1.05
1
0.95
0.9
0.85
0.8
0.75
0.7
0.65
0.6
0.55
0.5
0.45
0.4
0.35
0.3
0.25
0.2
0.15
0.1
0.05
0
S
t
a
g
e
(
f
t
)
2
1.95
1.9
1.85
1.8
1.75
1.7
1.65
1.6
1.55
1.5
1.45
1.4
1.35
1.3
1.25
1.2
1.15
1.1
1.05
1
0.95
0.9
0.85
0.8
0.75
0.7
0.65
0.6
0.55
0.5
0.45
0.4
0.35
0.3
0.25
0.2
0.15
0.1
0.05
0
923 Cooper Ave., Ste. 201
Glenwood Springs, CO 81601
Boundaries Unlimited Inc.
www.bu-inc.com
Deric Walter, PE
970.945.5252
====== ======
100-year 24-hour
Storm Event
BUI#09016.03
Storage Node : Bio-ROW (continued)
Outflow Weirs
SN Element Weir Flap Crest Crest Length Weir Total Discharge
ID Type Gate Elevation Offset Height Coefficient
(ft) (ft) (ft) (ft)
1 Overflow_ROW Rectangular No 5809.50 1.50 1.00 1.00 3.33
Output Summary Results
0.39
0.39
0.14
0.17
5809.62
1.62
5808.76
0.76
0 13:13
0.121
0
0
14557.57
Peak Exfiltration Flow Rate (cfm) .....................................
Peak Inflow (cfs) ..............................................................
Peak Lateral Inflow (cfs) ...................................................
Peak Outflow (cfs) ............................................................
Total Flooded Volume (ac-in) ...........................................
Total Time Flooded (min) .................................................
Total Retention Time (sec) ...............................................
Max HGL Elevation Attained (ft) .......................................
Max HGL Depth Attained (ft) ............................................
Average HGL Elevation Attained (ft) .................................
Average HGL Depth Attained (ft) ......................................
Time of Max HGL Occurrence (days hh:mm) ....................
Total Exfiltration Volume (1000-ft³) .................................
923 Cooper Ave., Ste. 201
Glenwood Springs, CO 81601
Boundaries Unlimited Inc.
www.bu-inc.com
Deric Walter, PE
970.945.5252
====== ======
Channel Report
Hydraflow Express Extension for Autodesk® Civil 3D® by Autodesk, Inc.Thursday, Apr 20 2023
09016.03 1.5' Deep Roadside Ditch/Swale Capacity
Triangular
Side Slopes (z:1) = 3.00, 3.00
Total Depth (ft) = 1.50
Invert Elev (ft) = 100.00
Slope (%)= 3.00
N-Value = 0.030
Calculations
Compute by:Known Depth
Known Depth (ft) = 1.00
Highlighted
Depth (ft)= 1.00
Q (cfs)= 15.65
Area (sqft)= 3.00
Velocity (ft/s)= 5.22
Wetted Perim (ft) = 6.32
Crit Depth, Yc (ft) = 1.12
Top Width (ft)= 6.00
EGL (ft)= 1.42
0 1 2 3 4 5 6 7 8 9 10 11
Elev (ft)Depth (ft)Section
99.50 -0.50
100.00 0.00
100.50 0.50
101.00 1.00
101.50 1.50
102.00 2.00
Reach (ft)
Hydrologic Soil Group—Rifle Area, Colorado, Parts of Garfield and Mesa Counties
(09016.03-Red Dog Major Sub.)
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
4/19/2023
Page 1 of 4
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271360 271410 271460 271510 271560 271610 271660 271710 271760 271810 271860
271360 271410 271460 271510 271560 271610 271660 271710 271760 271810 271860
39° 34' 40'' N
10
7
°
3
9
'
4
3
'
'
W
39° 34' 40'' N
10
7
°
3
9
'
2
1
'
'
W
39° 34' 28'' N
10
7
°
3
9
'
4
3
'
'
W
39° 34' 28'' N
10
7
°
3
9
'
2
1
'
'
W
N
Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 13N WGS84
0 100 200 400 600Feet
0 35 70 140 210Meters
Map Scale: 1:2,430 if printed on A landscape (11" x 8.5") sheet.
Soil Map may not be valid at this scale.
MAP LEGEND MAP INFORMATION
Area of Interest (AOI)
Area of Interest (AOI)
Soils
Soil Rating Polygons
A
A/D
B
B/D
C
C/D
D
Not rated or not available
Soil Rating Lines
A
A/D
B
B/D
C
C/D
D
Not rated or not available
Soil Rating Points
A
A/D
B
B/D
C
C/D
D
Not rated or not available
Water Features
Streams and Canals
Transportation
Rails
Interstate Highways
US Routes
Major Roads
Local Roads
Background
Aerial Photography
The soil surveys that comprise your AOI were mapped at
1:24,000.
Warning: Soil Map may not be valid at this scale.
Enlargement of maps beyond the scale of mapping can cause
misunderstanding of the detail of mapping and accuracy of soil
line placement. The maps do not show the small areas of
contrasting soils that could have been shown at a more detailed
scale.
Please rely on the bar scale on each map sheet for map
measurements.
Source of Map: Natural Resources Conservation Service
Web Soil Survey URL:
Coordinate System: Web Mercator (EPSG:3857)
Maps from the Web Soil Survey are based on the Web Mercator
projection, which preserves direction and shape but distorts
distance and area. A projection that preserves area, such as the
Albers equal-area conic projection, should be used if more
accurate calculations of distance or area are required.
This product is generated from the USDA-NRCS certified data as
of the version date(s) listed below.
Soil Survey Area: Rifle Area, Colorado, Parts of Garfield and
Mesa Counties
Survey Area Data: Version 15, Sep 6, 2022
Soil map units are labeled (as space allows) for map scales
1:50,000 or larger.
Date(s) aerial images were photographed: Aug 25, 2021—Sep
5, 2021
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—Rifle Area, Colorado, Parts of Garfield and Mesa Counties
(09016.03-Red Dog Major Sub.)
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
4/19/2023
Page 2 of 4
Hydrologic Soil Group
Map unit symbol Map unit name Rating Acres in AOI Percent of AOI
50 Olney loam, 3 to 6
percent slopes
B 16.6 55.5%
55 Potts loam, 3 to 6
percent slopes
C 13.3 44.5%
Totals for Area of Interest 30.0 100.0%
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
Hydrologic Soil Group—Rifle Area, Colorado, Parts of Garfield and Mesa Counties 09016.03-Red Dog Major Sub.
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
4/19/2023
Page 3 of 4
Component Percent Cutoff: None Specified
Tie-break Rule: Higher
Hydrologic Soil Group—Rifle Area, Colorado, Parts of Garfield and Mesa Counties 09016.03-Red Dog Major Sub.
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
4/19/2023
Page 4 of 4
Page 1 of 3
Mountain View Subdivision
BUI#09016.02 Major Subdivision Application December 18, 2024 Basic Traffic Analysis
The purpose of this document is to provide a basic engineered analysis for traffic generated from the
proposed Mountain View Subdivision in Garfield County, Colorado (aka Lot 4 Simon Subdivision
Exemption Plat, RN 544219). The property is owned by Red Dog, LLC and was previously
developed with an irrigation pond, a gravel drive and a dirt drive. The property is currently accessed
from the east by a permitted gravel drive off County Road #261 (aka Groff Lane) (Garfield County
Driveway Permit No. GRB16-D-18) and from the west by a dirt drive off Columbine Lane. Columbine
Lane is within the Peach Valley Orchard Subdivision and affords access to the subject property under
the recorded Grant of Easements and Declaration of Covenants, Conditions and Restrictions for
apportion of Peach Valley Orchard and Simon Subdivision Exemption (RN54658). The Applicant
proposes to subdivide the property into five (5) lots. Lots 4-A thru 4-D will be accessed from CR #261
at the existing driveway point. Lot 4-E will be accessed from Columbine Lane the existing access
point located at the intersection of Columbine Lane and Larkspur Court. The following Exhibit-1
provides an aerial view of the proposed subdivision.
Exhibit 1 (Site, Roadways and Accesses)
Page 2 of 3
Based on field measurements, County Road #261 has a paved width of approximately 23.5’ with 6”
gravel shoulders and the posted speed limit is 25 mph. Columbine Lane has a gravel width of
approximately 16’. There are no existing sidewalks or public trails on either roadways.
The proposed traffic trip generation has been estimated as follows:
Proposed Conditions
Description/ITE Code
*ITE Vehicle Trip Generation Rates #
Units
Total Generated Trips
Weekday AM Peak
Hour
PM Peak
Hour Weekday AM Peak
Hour
PM Peak
Hour
Single Family Homes
(210) 9.44 0.76 0.99 5 47.20 3.80 4.95
Multifamily Housing
(Low-Rise (220) 7.32 0.46 0.56 5 36.60 2.30 2.80
Total: 83.80 6.10 7.75
*Based on Institute of Traffic Engineers (ITE) Trip Generation Manual, 10th ed.
Table 1, Trip Generation Estimates
Based on information provided by Garfield County Road & Bridge the Average Daily Traffic (ADT) in
was recorded at 446 trips in 2014 and 514 trips in 2019. Based on this growth rate, the estimated
current (2023) ADT can be estimated at approximately 568 trips. Given that the proposed traffic from
the proposed subdivision is less than 20% (14.8%) of this estimate, no improvements appear to be
warranted to CR#261.
While County traffic data is not available for Columbine Lane, an observation of County GIS mapping
indicates that the roadway provides access to ten (10) properties, including the subject property. As
stated previously, only the proposed Lot 5 will be accessed from this roadway. Therefore, using the
same ITE Single Family Homes (210) values stated above, the estimated ADT for Columbine Lane
should remain at approximately 95 trips per day. This value resides within the Semi Primitive
category of Table 7-107 which requires a lane width of 8’ (16’ total width) and a gravel surface, which
is what currently exists. Therefore, the proposed subdivision should not warranty any improvements
to Columbine Lane.
According to LUDC Table 7-107 “Roadway Standards”, the access to Lots 4-A thru 4-D will be Semi
Primitive (21-100 ADT; 40’ ROW; 8’ lane width; 2’ shoulder width’ 4’ ditch width; 3% gravel cross
slope; 5% shoulder slope; 50’ min. radius; 12% max. grade; gravel surface, existing concrete apron,
existing culvert at the ditch crossing, roadway runoff will not reach the accessed road). The private
driveway for Lot 4-E will be constructed according to County driveway standards for access off a
gravel road (90° intersection; 3% max. grade for first 30’; 300’ visibility in both directions; existing
culvert at the ditch crossing; driveway runoff will not reach the accessed road).
The following directly addresses LUDC Section 7-107 A-E:
• 7-107-A: The proposed Lots 4-A thru 4-D already have legal and existing physical access to a
public right-of-way under Permit # GRB16-D-18 (attached) and Lot 4-E has a legal access to
Columbine Lane under the recorded Grant of Easements and Declaration of Covenants,
Conditions and Restrictions for apportion of Peach Valley Orchard and Simon Subdivision
Exemption (RN54658).
Page 3 of 3
• 7-017-B: The accesses and road/drive will be reconstructed to provide safe access in
conformance with County regulations.
• 7-107-C: The access and road/drive will be constructed in accordance with LUDC Table 7-107
and Road and Bridge driveway requirements and roadway impact fees shall be paid as
necessary for the additional four (4) lots.
• 7-107-D: The subdivision road off CR#261 will be dedicated to the public and so designated
on the Final Plat and is not anticipated to be accepted as County roads.
• 7-107-E: The proposed subdivision will produce minor traffic trip increases on Columbine
Lane, CR#250 (Bendetti Road) and CR#261. The proposed residential subdivision will not
produce any hauling, truck traffic or equipment use that would warrant offsite roadway
improvements.
• 7-107-F: All accesses will be constructed in accordance with LUDC Table 7-107 and Road
and Bridge driveway requirements.
If you have any questions or need additional information, please feel free to contact me at
970.945.5252.
Sincerely,
BOUNDARIES UNLIMITED INC.
Deric J. Walter, PE
Enc.
Mountain View Subdivision
BUI#09016.02 Major Subdivision Application December 18, 2024 Water Supply & Distribution Plan
This Water Supply & Distribution Plan is provided in accordance with Article 4 Section 4-203.M of the
Garfield County Unified Land Use and Development Code and follows the outline provided therein.
M1. Water Supply:
The proposed Mountain View Subdivision (aka Lot 4 Simonson Subdivision Exemption) is included in
the Peach Valley Orchard Subdivision Public Water System (CDPHE ID#CO0123605). The five (5)
proposed single-family lots will be connected to the existing distribution system as indicated on the Site
Plan.
a. The subject property was researched by Balcomb & Green, P.C. (B&G) and documented in the
attached Due Diligence Review letter dated May 29, 2007 (with exhibits). In the letter, B&G
concluded, “that Lot 4 of the Simons Subdivision Exemptions has an adequate legal water
supply to subdivide this parcel into five residential lots with a main residence and an accessory
dwelling unit on each and to continue the historical irrigation of approximately 12 acres, less the
dry-up associates with roads and building envelopes.”
b. Not Applicable.
c. Please see the B&G Due Diligence Review letter.
d. Not Applicable.
The Applicant proposes to extend the existing irrigation pipeline along the north boundary with lateral
services to each lot. The existing 7-foot deep lined irrigation pond will also be maintained and equipped
with a dry hydrant for fire protection.
M.2. Water Distribution:
The existing potable water system is managed by the PVO/SSE HOA and maintained by Treatment
Operator Mark Hayes. A 2” distribution lateral will be extended into the subdivision from the existing 2”
distribution main to service Lots 4-B thru 4-D. The lateral will be equipped with a blowoff at the end.
An individual service will be installed on the existing 2” distribution main to service Lot 4-E and an
existing 1-1/2” service will be maintained for Lot 4-A.
Attachments
• Due Diligence Review, Balcomb & Green, P.C., dated May 29, 2007;
• Grant of Easements and Declaration of Covenants, Conditions and Restrictions for apportion of
Peach Valley Orchard and Simon Subdivision Exemption (RN54658);
• Change Notice: CDPHE PWSIDE CO0123605, dated April 7, 2022;
• Email: CDPHE to Mark Hayes, dated June 8, 2022;
• 2022 Drinking Water Quality Report.
Prepared by: Acknowledged by:
Deric J. Walter, PE Red Dog LLC - Terry Kirk
Boundaries Unlimited Inc. Owner/Manager
B ALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Edward Mulhall, Jr.
Scott Balcomb
Lawrence R. Green
Timothy A. Thulson
David C. Hallford
Christopher L. Coyle
Thomas J. Hartert
Christopher L. Geiger
Sara M. Dunn
Daniel C. Wennogle
Scott Grosscup
P.O. DRAWER 790
818 COLORADO AVENUE
GLENWOOD SPRINGS, COLORADO 81602
____________________________________
TELEPHONE: 970.945.6546
FACSIMILE: 970.945.8902
www.balcombgreen.com
May 29, 2007
KENNETH BALCOMB
1920-2005
Of Counsel:
John A. Thulson
VIA email: kirkenterprises@cox.net
Mr. Terry A. Kirk
12144 East Welsh Trail
Scottsdale, AZ 85258
Re: Due Diligence Review for Lot 4 Simon Subdivision Exemption near Silt, Colorado.
Dear Mr. Kirk:
We have completed a reconnaissance level review of the water rights and associated
water issues which arise out of your proposed purchase of approximately 27.52 acres also
known as Lot 4 of the Simon Subdivision Exemption located north of Silt, Colorado, owned by
North 27, LLC (“Seller”). Based upon our examination of the materials described below and our
interviews with: John Currier, a partner in the North 27, LLC; Pearl Knight, secretary of the Silt
Water Conservancy District; and Janet Maddock, manager of the West Divide Water
Conservancy District, and subject to the limitations and exceptions set forth below, we have
concluded that Lot 4 of the Simons Subdivision Exemption has an adequate legal water supply
to subdivide this parcel into five residential lots with a main residence and an accessory
dwelling unit on each and to continue the historical irrigation of approximately 12 acres, less the
dry-up associated with roads and building envelopes.
In performing our investigation, we reviewed the following documents: Contract to Buy
and Sell Real Estate dated April 1, 2007; the Counterproposal dated April 5, 2007; the Title
Commitment issued by Land Title Guarantee Company dated April 12, 2007; a revised Title
Commitment issued by Land Title Guarantee Company dated May 22, 2007; the Seller’s
Property Disclosures dated January 27, 2007; the Bylaws of the PVO/SSE Homeowners’
Association Inc.; Project Information and Staff Comments from Garfield County regarding a
Preliminary Plan submittal by North 27, LLC for the North 27 Subdivision dated May 8, 2000;
the PVO-SSE HOA Proposed 2007 Annual Budget; a letter from John M. Currier, P.E., of
Resource Engineering Inc., to Sherry Caloia dated November 23, 2002; a color aerial photograph
of Lot 4 of the Simon Subdivision Exemption purportedly taken in 1999; an unsigned Final Plat
of the Simon Subdivision Exemption prepared by Richard L. Holsan, Professional Land
B ALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Mr. Terry A. Kirk May 30, 2007
Page 2
Surveyor, on February 11, 1999; the Articles of Incorporation of PVO/SSE Homeowners’
Association, Inc.; an engineered drawing entitled “Relationship of North 27 Subdivision to
PVO/SSE HOA dated December 20, 1999 prepared by Water Resource Consultants, LLC; the
Decree (Part 1 of 2) and (Part 2 of 2) entered by the Division 5 Water Court in Case No. 00CW36,
Application for Water Rights of the PVO/SSE Homeowners’ Association; a water allotment table
entitled “PVO/SSE Water Rights Associated With Each Lot Acre-Feet Available in a “100%” Year”
dated April 15, 2000; the Decree entered by the Division 5 Water Court in Case No. W-1452,
Application for Water Rights of Fred I. Simon; the Final Plat of the Simon Subdivision
Exemption recorded as Reception No. 544219 in the records of the Garfield County Clerk and
Recorder on April 21, 1999; a Grant of Easement and Declaration of Covenants, Conditions and
Restrictions for a Portion of Peach Valley Orchard and Simon Subdivision Exemption recorded
as Reception No. 546583 in Book 1133 at Page 54 in the records of the Garfield County Clerk and
Recorder on June 3, 1999; a Quit Claim Deed recorded as Reception No. 553203 at Book 1153 at
Page 743 in the Records of the Garfield County Clerk and Recorder; and Garfield County
Commissioners Resolution No. 99-044 approving the Simon Subdivision Exemption.
The Contract identifies the water rights to be transferred in Paragraph 6 as follows: “All
water and water rights, ditches and ditch rights, well and well rights pertenant [sic] to the
property including but not limited to the following described; domestic, irrigation and available
community.” The Seller’s Disclosures indicate that the water rights associated with the property
include both Silt Project water, referring to the Bureau of Reclamation’s Silt Project operated by
the Silt Water Conservancy District, Farmers Irrigation Company water, and domestic water
from a community system, subject to an augmentation plan which is consistent with our
findings.
Lot 4 of the Simons Subdivision Exemption
Sonia Simon petitioned the Board of County Commissioners of Garfield County, for an
exemption from the definition of “subdivision” for the division of a 165 acre tract into four tracts,
referred to as the Simon Subdivision Exemption Lots 1 through 4. The Simon Subdivision
Exemption was approved by Garfield County by Resolution No. 99-044 recorded as Reception
No. 544154 in Book 1125 at Page 434 in the records of the Garfield County Clerk and Recorder.
A copy Resolution No. 99-044 is attached hereto as Exhibit A. A copy of the Final Plat for the
Simon Subdivision Exemption was recorded on April 21, 1999 as Reception Number 544219 in
the records of the Garfield County Clerk and Recorder. Due to the size of the recorded Final
Plat, we have attached as Exhibit B an unsigned copy of the plat that is identical to the recorded
copy but could be scanned and saved electronically. Lot 4 is the southern-most parcel and is
comprised of 27. 52 acres.
B ALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Mr. Terry A. Kirk May 30, 2007
Page 3
All of the lots within the Simon Subdivision exemption were acquired by S.M.I., L.L.L.P.,
a Colorado Limited Liability Limited Partnership formed by David and Connie Hick. S.M.I.,
L.L.L.P. also acquired Lots 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 23, 24 and 25 of Peach Valley
Orchard. The Simon well is the domestic water source for the Peach Valley Orchard Lots 9, 10,
11, 12, 14, 15, 16, 17, 18, 19, 20, 23, 24 and 25, and the Simon Subdivision Exemption Lots 1
through 4, according to the Grant of Easement and Declaration of Covenants, Conditions and
Restrictions for a Portion of Peach Valley Orchard and Simon Subdivision Exemption (the
“Covenants”) recorded as Reception Number 546583 at Book 1133, Page 54 in the records of the
Garfield County Clerk and Recorder and attached hereto as Exhibit C.
The Simon Well is located on the lot line between Lots 1 and 2 of the Simon Subdivision
Exemption as indicated on the Final Plat. The Simon Well is a shallow well constructed in 1910
to an approximate depth of 20.5 feet according to the Registration of Decreed Existing Well form
filed by the Simon Estate in 1997, approved and permitted as State Engineer Well Permit No.
049153-F. A copy of the Registration is attached hereto as Exhibit D. This well was decreed by
the Division 5 Water Court in Case No. W-1452 for 0.11 c.f.s (50 gallons per minute) from Cozza
Gulch, tributary to the Colorado River for domestic and irrigation use with a date of
appropriation of May 31, 1910. A copy of the decree in Case No. W-1452 is attached hereto as
Exhibit E. However, according to John Currier a 72-hour well production test was performed in
1999, and the well only produced 33 gallons per minutes (“g.p.m.”) continuously and was not
capable of sustaining a 50 g.p.m. continuous production rate.
According to the Covenants, the Simon Well and the water rights decreed in Case No.
W-1452 were to be conveyed by Quit Claim Deed to the PVO/SSE Homeowners’ Association as
“common facilities.” The PVO/SSE Homeowners’ Association operates and maintains the Simon
Well and related facilities as well as pays the annual fees for contract water purchased from the
West Divide Water Conservancy District. Apparently the PVO/SSE Homeowners Association
has outlined how the operation and maintenance of the well and domestic water system will
occur in a document entitled “Management and Operations Plan, Potable Water Supply System,
Peach Valley Orchard Subdivision and Simon Subdivision Exemption, Silt, Colorado, October
27, 1999.” However, we have been unable to acquire a copy of this document. The monthly
dues to the PVO/SSE Homeowners Association are $110 per lot according to the 2007 proposed
budget, a copy of which is attached hereto with the Bylaws and Articles of Incorporation for the
PVO/SSE Homeowners’ Association as Exhibit F.
Each lot, with the exception of Lot 4 of the Simon Subdivision Exemption, was entitled to
a proportionate 1/25th share in the production of the Simon Well. Lot 4 was entitled to 8/25th
share in the well (which equates to approximately 10.56 g.p.m. for Lot 4), as well as the right to
use an additional 3/25th interest in the production of the Simon Well in the event that Lots 1
through 3 of the Simon Subdivision Exemption were ever to connect to a central water system as
B ALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Mr. Terry A. Kirk May 30, 2007
Page 4
required by Garfield County and memorialized as Note 5 on the Final Plat.1 According to John
Currier, the PVO/SSE central water system does not have any central storage for fire protection
or to meet peak demands and it is apparently the responsibility of individual lot owners to
provide in-house pressure storage tanks. This requirement was discussed by the County during
the Lot 27 Subdivision application process, but does not appear in the Covenants.
Seller acquired Lot 4 from S.M.I., L.L.L.P. As indicated in Note 7 on the Final Plat, the
County approved the Simon Subdivision Exemption on the condition that no further divisions
by exemption would be allowed. Therefore, when the Seller decided to seek to subdivide Lot 4
into five residential parcels, Seller filed an application with Garfield County for approval of the
“North 27 Subdivision.” The lots ranged in size from 3.22 acres to 12.49 acres with an average lot
size of 5.50 acres.
During the referral process, both the County Engineer and the State Engineer voiced
concern that the water source identified for the development, the Simon Well could not legally
serve the proposed development without a court-approved plan for augmentation. Thus, the
Staff recommended denial of the proposed North 27 Subdivision for failure to comply with the
Garfield County Subdivision Regulations requiring “evidence that a water supply, sufficient in
terms of quality, quantity and dependability, shall be available….” According to John Currier,
Seller requested Garfield County table the application until such time as it could satisfy the
Garfield County water supply requirements, but after spending more than two years in Water
Court adjudicating the water supply and associated plan for augmentation for the North 27
Subdivision, the Seller’s Application was dropped from the County’s agenda and never received
a formal approval or denial.
Domestic Water Supply
To rectify the apparent lack of legal water supply for the existing PVO/SSE development
and the proposed North 27 Subdivision, the PVO/SSE Homeowners’ Association filed an
application with the Division 5 Water Court to adjudicate two enlargements of the Simon Well
and a plan for augmentation to replace out-of-priority depletions associated with the domestic
and limited irrigation uses of the Simon Well. The Water Court bifurcated Case No. 00CW36
into two parts. The first part of the decree referred to as Part 1 of 2 adjudicated the PVO/SSE
Simon Well Enlargement and a plan for augmentation for the existing development, including
1 According to the Covenants and Note 5 of the Final Plat, if any of Lots 1, 2 and/or 3 have the reasonable
ability to connect with any municipal or centralized water and/or sewer system, such lot will be required
to connect to said service within one year of the effective date of service availability and disconnect from
the Simon Well. The proportionate interest in the Simon Well associated with the Lot(s) which connected
to the municipal system shall revert to the owner of Lot 4.
B ALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Mr. Terry A. Kirk May 30, 2007
Page 5
one residential unit to be located on Lot 4 of the Simon Subdivision Exemption. The second part
of the decree (Part 2 of 2) approved a legal water supply for the proposed North 27 Subdivision.
In Case No. 00CW36 (Part 1 of 2), the Division 5 Water Court granted a new junior water
right to the Simon Well (“PVO/SSE Simon Well Enlargement”) in the amount of 4.06 acre feet
absolute for domestic use in the existing 9 residential units and 4.06 acre feet, conditional, for
domestic use in 9 residential units that were not built at the time the Water Court entered the
decree (total of 14 lots in PVO and 4 lots in SSE), irrigation in the amount of 9,000 square feet
(500 square feet for each of 18 residential lots), fire protection, and livestock watering. A copy of
the Decree is attached hereto as Exhibit G. An application for finding of reasonable diligence for
the conditional portion of the PVO/SSE Simon Well Enlargement is due on or before May 31,
2008 to prevent the cancellation of the 4.06 acre feet conditional portion of the water right.
The PVO/SSE Simon Well Enlargement is a very junior water right with a date of
appropriation of February 9, 2000. Therefore, the PVO/SSE Simon Well Enlargement will be out-
of-priority during much of the year and must operate pursuant to a plan for augmentation
which can replace all out-of-priority depletions to prevent injury to senior water rights both on
Cozza Gulch and the Colorado River mainstem. The Water Court approved a plan for
augmentation in Case No. 00CW36 (Part 1of 2) for the PVO/SSE Simon Well Enlargement which
includes two sources of replacement water: senior irrigation water which was historically used
to irrigate 2.3 acres within the PVO/SSE property which will be dried-up due to construction of
roads and the designation of building envelopes; and water from Green Mountain Reservoir
and/or Ruedi Reservoir pursuant to a Water Allotment Contract with the West Divide Water
Conservancy District.
As indicated on Figure 1, attached hereto as Exhibit H, the PVO/SSE properties are
partially located in the Harvey Gap drainage and partially located within the Cozza Gulch
Drainage. As such the Court required that 1.15 acres in the Cozza Gulch drainage be dried up
and 1.15 acres in the Harvey Gap drainage be dried-up to provide sufficient replacement water
to augment local calls on Cozza Gulch including the Coleman Ditch, the Cozza No. 2 Ditch, the
John Bruess Ditch and the Cozza Spring Ditch which are senior irrigation water rights.
The dry-up area was associated with 3 shares of Applicant’s Farmers Irrigation Company
(“FICo”) water rights. The FICo shares entitled Applicant to 0.07 c.f.s. from the Grass Valley
Canal and 3.30 acre feet from the Grass Valley Reservoir a/k/a Harvey Gap Reservoir, both
sources tributary to the East Fork of Rifle Creek. The plan for augmentation requires the
PVO/SSE Homeowners’ Association to continue to divert this water through its irrigation system
and by-pass this water into Cozza Gulch to satisfy any calls with Cozza Gulch which could occur
between April 15th and October 15th, the normal irrigation season. To satisfy calls on the
Colorado River mainstem that come from a block of irrigation rights under the Cameo call
B ALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Mr. Terry A. Kirk May 30, 2007
Page 6
which normally is in place from early July through late October, the PVO/SSE Homeowners’
Association also obtained a contract with West Divide Water Conservancy District for 2.0 acre
feet to be released from Green Mountain Reservoir located on the Blue River, a tributary of the
Colorado River or Ruedi Reservoir, located on the Fryingpan River, a tributary of the Roaring
Fork River, tributary of the Colorado River.
In Case No. 00CW36 (Part 2 of 2), the Water Court approved the PVO/SSE Second
Enlargement of the Simon Well for 3.8 acre feet conditional for domestic uses in 9 residential
units (4 primary units and 5 accessory dwelling units) with a total of 2,000 square feet of
irrigation (500 square feet per residential lot) with a date of appropriation of February 9, 2000. A
copy of the decree is attached hereto as Exhibit I. The Water Court in Case No. 00CW36
maintained the original diversion rate for the Simon Well at 0.11 c.f.s. and simply raised the
annual volumetric limit based on the additional proposed uses.
The Water Court also approved the PVO/SSE Well No. 1 as an alternate point of
diversion for the PVO/SSE Simon Well Enlargements 1 and 2, for 0.11 c.f.s., conditional, with an
annual volumetric limit of 12 acre feet for domestic use in 27 residential units, irrigation of up to
11,000 square feet (500 square feet on 22 lots), fire protection and livestock watering with a date
of appropriation of February 9, 2000. However, it is worth noting that although the Simon Well
is decreed for a 50 g.p.m. diversion rate, the well can only physically produce on a sustainable
basis 33 g.p.m. according to the pump test. Therefore, the sustained combined pumping rate at
the two points of diversion (the original Simon Well and the PVO/SSE Well No. 1) can only be 33
g.p.m. The second well cannot be used to bring the sustained combined diversion rate up to the
decreed 50 g.p.m. An application for finding of reasonable diligence for the PVO/SSE Second
Enlargement of the Simon Well and the PVO/SSE Well No. 1 must be filed with the Water Court
on or before August 31, 2009.
The Water Court also approved a plan for augmentation to replace out-of-priority
depletions from the PVO/SSE Second Enlargement of the Simon. The plan for augmentation
requires the dry-up of 0.44 acres associated with 0.5 FICo shares (.01 c.f.s. of the Grass Valley
Canal and 0.55 acre feet of the Grass Valley Reservoir). As with the plan for augmentation for
the PVO/SSE Simon Well First Enlargement, the water associated with the FICo shares will
continue to be diverted through the Applicant’s irrigation system and released to Cozza Gulch
to address any calls on Cozza Gulch. To address calls on the Colorado River mainstem, the
Applicant increased the existing West Divide Water Conservancy District by 2.34 acre feet for a
total contract amount of 4.34 acre feet according to Janet Maddock, manager of the West Divide
Water Conservancy District.
B ALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Mr. Terry A. Kirk May 30, 2007
Page 7
Irrigation Water Supply
Pursuant to a Stipulation with the Objectors in Case No. 00CW36, the PVO/SSE
Homeowners’ Association agreed to continue to irrigate as much of the remaining historically
irrigated lands as possible each and every year in recognition that much of the water available to
local wells is dependent upon localized irrigation. The PVO/SSE Homeowners’ Association
lands have historically been irrigated with 80 shares of FICo and 175 acre feet of Silt Project
water. The FICo shares are owned by the PVO/SSE Homeowners’ Association and the only
information we have received regarding how the water is allocated and distributed is a Table
entitled “PVO/SSE Water Rights Associated with Each Lot” attached hereto as Exhibit J. Based
on this Table, it appears that in a good water year Lot 4 is associated with 24.4 acre feet of FICo
water.
There are a total of 4,126 FICo shares associated with the 100 c.f.s. Grass Valley Canal
water right which was decreed in Civil Action 279 in the District Court for Garfield County with
an appropriation date of July 20, 1887 and an adjudication date of April 30, 1892 for irrigation
uses. Therefore, the 80 shares equates to 1.94 c.f.s. ownership of the 100 c.f.s. Grass Valley Canal
water right.
Each year the FICo Board determines the number of “share days” that will be available to
each shareholder based on the water available that year. According to our interview with John
Currier and his report entitled “Water Rights Plan for Augmentation PVO/SSE Homeowners’
Association” dated March 14, 2000, there are normally 100 share days available per share in
normal years. In dry years there may be only 80 share days available. A share day equals 0.01
c.f.s. delivered for 24 hours. Fifty share days equals one acre foot of water.
The Silt Project is a Bureau of Reclamation project which stores water from Rifle Creek
and pumps water from the Colorado River to supply irrigation water for approximately 7,000
acres of irrigated land between Silt and Rifle. Project water is stored in Rifle Gap Reservoir, and
is released directly into the Davie Ditch or by exchange to various ditches diverting from Rifle
Creek such as the Grass Valley Canal. Beneficiaries of Silt Project water are subject to an ad
valorem tax or special assessment paid with the Garfield County property tax.
Based on the terms of the authorization for the Silt Project, project water is allocated by
the Bureau of Reclamation to particular properties. Lot 4 is associated with 33.0 acre feet of
water from the Silt Project as evidenced by the Quit Claim Deed recorded as Reception No.
553203 at Book 1153 at Page 743 in the Records of the Garfield County Clerk and Recorder and
attached hereto as Exhibit K. This amount should be sufficient to irrigate the historically
irrigated area on Lot 4. John Currier indicated that approximately 12 acres of alfalfa were
irrigated on the property and the rest is dry-land pasture. This is consistent with the
B ALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Mr. Terry A. Kirk May 30, 2007
Page 8
information in the Garfield County Project Information and Staff Comments for the North 27
Subdivision issued in 2000.
We have relied extensively on the representation of the Silt Water Conservancy District
for estimates regarding the availability of irrigation water on Lot 4 and the physical water
requirements for irrigation uses. We are not engineers licensed in the State of Colorado and
have no independent engineering experience with which to evaluate the accuracy, soundness or
reliability of any of the contents of these statements recited herein. We have not visited the
property. Further, we not engaged in a review of title to the water rights, nor engaged in an
environmental, wetlands or water quality audit for the property and offer no opinion as to these
matters.
Our opinion in this matter is limited to our review of the information contained within
the documents discussed. It is possible that information exists which we have not reviewed that
might alter our opinions. In addition, our review of the documents was for the limited purpose
of determining the legal status of the subject water rights. Specifically excluded from our
opinion, and outside the scope of our research are claims of adverse possession related to the
water rights, title matters relating to the land underlying the subject water rights, opinions
regarding rights of way and easements for the water rights, adequacy of the physical water
supply for the intended purpose, ditch company assessments, diversion records, matters that
may be disclosed by an accurate survey of the real property, statutory liens, easements, or claims
not shown by the public record.
Conclusions and Recommendations
We have concluded that the legal water supply for Lot 4 was properly adjudicated and
can supply sufficient water to supply domestic water for 10 residential units (5 primary
residences and 5 accessory dwelling units), irrigation of 500 square feet per lot (for 5 lots), and
fire protection so long as the property to be dried-up according to the Decree in Case No.
00CW36 is dried up and the contract with West Divide Water Conservancy District is
maintained. We also have concluded that the irrigation water associated with the property
which includes a proportionate amount of FICo water and 33 acre feet of Silt Project water is
sufficient to continue to irrigate the 12 acres historically irrigated.
We recommend that the Sellers have the PVO/SSE Homeowners’ Association submit a
change of ownership and address form to the State Engineer for Well Permit No. 049153-F to
reflect the current ownership of the Simon Well and obtain a new well permit for the Simon
Well First and Second Enlargements to reflect the uses decreed by the Division 5 Water Court in
Case No. 00CW36. We also recommend that Seller transfer all rights and interest to the FICo
water rights, the Simon Well, and the PVO/SSE Well No. 1 including the rights decreed in Case
B ALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Mr. Terry A. Kirk May 30, 2007
Page 9
No. 00CW36 to you at closing. We also recommend that the Seller assign the Silt Water shares
and convey by deed the 33 acre feet associated with the Silt Project shares to you at closing.
We appreciate the opportunity to work with you on this matter. If you have any
questions, please do not hesitate to call.
Very truly yours,
BALCOMB & GREEN, P.C.
By: Sara M. Dunn
Sara M. Dunn
SMD/bjz
Encl.
Ex. A – Resolution 99-044
Ex. B – Final Plat
Ex. C – Covenants
Ex. D – Well Permit No. 049153-F
Ex. E – Decree, Case No. W-1452
Ex. F – Budget, Articles and Bylaws
Ex. G – Decree, Case No. 00CW36, Part 1 of 2
Ex. H – Figure 1, Location Map
Ex. I – Decree, Case No. 00CW36, Part 2 of 2
Ex. J – Table, Associated Water Rights
Ex. K – Quit Claim Deed
Deadlines:
Application for Diligence, PVO/SSE Simon Well Enlargement due on or before May
31, 2008 (to prevent the cancellation of the 4.06 acre feet conditional portion).
Application for Diligence, PVO/SSE Second Enlargement of the Simon Well and the
PVO/SSE Well No. 1 due to the Water Court on or before August 31, 2009
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-3500 www.colorado.gov/cdphe/wqcd
Jared S. Polis, Governor | Jill Hunsaker Ryan, MPH, Executive Director
April 7, 2022
DAVE HILLBRAND
PEACH VALLEY ORCHARD SUBD - PWSID CO0123605
PO BOX 1061
SILT CO 81652
Requirements Change Notice
Decreased Monitoring for LEAD AND COPPER
The Colorado Department of Public Health and Environme nt (“Department”) has identified the
following monitoring change per Section 11.26(2)(d) of the Colorado Primary Drinking Water
Regulations (“Regulation 11”), 5 CCR 1002 -11 for PEACH VALLEY ORCHARD SUBD(“Supplier”):
Analyte Name: LEAD AND COPPER
Facility ID: DS001 Sample Point ID: Approved Lead and Copper Sample Pool Sites
Previous Sample Schedule New Sample Schedule Schedule Begin Date
5 Sample(s) per Year 5 Sample(s) every 3 Years between
June 1 and September 30
1/1/2022
(Next samples required by 2024)
Why did the sample schedule change? The Supplier has demonstrated low lead and copper
concentrations at Department-approved sample sites in three annual monitoring periods.
The Supplier's monitoring schedule, posted at wqcdcompliance.com/schedules, contains detailed
monitoring requirements and has been updated to reflect the changes.
Additional Information: EPA recently published the Lead and Copper Rule Revisions that include many
changes to the current rule. Suppliers will need to devote substantial resources to complete a lead
service line inventory of every service connection to classify the material as lead, galvanized requiring
replacement, non-lead, or unknown by the compliance date of October 16, 2024. For suppliers that
identify lead, galvanized requiring replacement, or unknown service line materials, a lead service line
replacement plan must also be developed and submitted by the compliance date. The Department will
soon be providing additional communication to suppliers about the Lead and Copper Rule Revisions and
posting forms and guidance at https://cdphe.colorado.gov/dwforms.
If there are any questions regarding the contents of this letter and/or requirements for t he Supplier,
please contact Bryan Pilson by phone at 303-692-3318 or email at bryan.pilson@state.co.us.
File: CO0123605, GARFIELD COUNTY, Community - Groundwater
COLORADO
Department of Public
Health & Environment
Dedicated to protecting and improving the health and environment of the people of Colorado
I
--
6/8/22, 12:29 PM State.co.us Executive Branch Mail - Total Coliform Positive requirements - PEACH VALLEY ORCHARD SUBD
https://mail.google.com/mail/u/0/?ik=3c4f31a539&view=pt&search=all&permthid=thread-a%3Ar-68643090807605265&simpl=msg-a%3Ar-193273369…1/1
Fettig - CDPHE, Lindsey <lindsey.fettig@state.co.us>
Total Coliform Positive requirements - PEACH VALLEY ORCHARD SUBD
1 message
Fettig - CDPHE, Lindsey <lindsey.fettig@state.co.us>Wed, Jun 8, 2022 at 12:27 PM
To: Mark Hayes <MARK.AES@outlook.com>
Hello,
A water sample collected from PEACH VALLEY ORCHARD SUBD (CO0123605) ("System") on 06/06/2022 has results
showing total coliform bacteria. The System is now required to collect 3 total coliform repeat samples in the
distribution system on or before 06/09/2022. For every routine positive, 1 repeat must be collected at the original
positive tap, 1 upstream within 5 service connections, and 1 downstream within 5 service connections. The System
must also collect 1 raw water source sample on or before 06/09/2022.
On the Chain of Custodies from the lab, please code the samples so I know which one is which.
1. Routine Original: RPOR
2. Repeat Upstream: RPUP
3. Repeat Downstream: RPDN
4. RAW - 001
When collecting samples the Department recommends that you evaluate and ensure that best practices are used when
collecting these repeat samples. Please see the additional sample collection procedure guidance below:
Remove any attachments (aerator) on the faucet
Sterilize tap with rubbing alcohol
Allow water to flow for 5 minutes before sampling
Reduce flow to about the thickness of a pencil
Do not rinse or overfill the container
Always collect cold water; never sample hot water. Dedicated cold water lines are best
Do not touch the inside of the sample bottle or its cap. It is best to wear gloves and try not to set the cap down
if possible
For upstream and downstream sites, avoid collecting from outdoor taps if possible. Bathroom or kitchen faucets
with dedicated cold water lines are ideal.
Please let me know if you have any questions or concerns. Thank you.
Lindsey Fettig
Senior Compliance Specialist
Drinking Water Compliance Assurance Section Unit South
P 720.507.7095 or 303.691.4025 | F 303.758.1398
4300 Cherry Creek Drive South, Denver, CO 80246
lindsey.fettig@state.co.us | www.colorado.gov/cdphe/wqcd
24-hr Environmental Release/Incident Report Line: 1.877.518.5608
Total Coliform Positive or Nitrate Above 10 mg/L Reporting Line: 303.692.3308
PEACH VALLEY ORCHARD SUBD, PWS ID: CO0123605 2022 CCR Page 1 of 5
PEACH VALLEY ORCHARD SUBD 2022 Drinking Water Quality Report
Covering Data For Calendar Year 2021
Public Water System ID: CO0123605
Esta es información importante. Si no la pueden leer, necesitan que alguien se la traduzca.
We are pleased to present to you this year’s water quality report. Our constant goal is to provide you with a safe and dependable
supply of drinking water. Please contact DAVE HILLBRAND at 970-876-0825 with any questions or for public participation
opportunities that may affect water quality.
General Information
All drinking water, including bottled water, may reasonably be
expected to contain at least small amounts of some contaminants.
The presence of contaminants does not necessarily indicate that the
water poses a health risk. More information about contaminants and
potential health effects can be obtained by calling the Environmental
Protection Agency’s Safe Drinking Water Hotline (1-800-426-4791)
or by visiting epa.gov/ground-water-and-drinking-water.
Some people may be more vulnerable to contaminants in drinking
water than the general population. Immunocompromised persons
such as persons with cancer undergoing chemotherapy, persons who
have undergone organ transplants, people with HIV-AIDS or other
immune system disorders, some elderly, and infants can be
particularly at risk of infections. These people should seek advice
about drinking water from their health care providers. For more
information about contaminants and potential health effects, or to
receive a copy of the U.S. Environmental Protection Agency (EPA)
and the U.S. Centers for Disease Control (CDC) guidelines on
appropriate means to lessen the risk of infection by Cryptosporidium
and microbiological contaminants call the EPA Safe Drinking Water
Hotline at (1-800-426-4791).
The sources of drinking water (both tap water and bottled water)
include rivers, lakes, streams, ponds, reservoirs, springs, and wells.
As water travels over the surface of the land or through the ground,
it dissolves naturally occurring minerals and, in some cases,
radioactive material, and can pick up substances resulting from the
presence of animals or from human activity. Contaminants that may
be present in source water include:
•Microbial contaminants: viruses and bacteria that may come from
sewage treatment plants, septic systems, agricultural livestock
operations, and wildlife.
•Inorganic contaminants: salts and metals, which can be naturally-
occurring or result from urban storm water runoff, industrial or
domestic wastewater discharges, oil and gas production, mining, or
farming.
•Pesticides and herbicides: may come from a variety of sources,
such as agriculture, urban storm water runoff, and residential uses.
•Radioactive contaminants: can be naturally occurring or be the
result of oil and gas production and mining activities.
•Organic chemical contaminants: including synthetic and volatile
organic chemicals, which are byproducts of industrial processes and
petroleum production, and also may come from gas stations, urban
storm water runoff, and septic systems.
In order to ensure that tap water is safe to drink, the Colorado
Department of Public Health and Environment prescribes
regulations limiting the amount of certain contaminants in water
provided by public water systems. The Food and Drug
Administration regulations establish limits for contaminants in
bottled water that must provide the same protection for public
health.
Lead in Drinking Water
If present, elevated levels of lead can cause serious health problems
(especially for pregnant women and young children). It is possible
that lead levels at your home may be higher than other homes in the
community as a result of materials used in your home’s plumbing. If
you are concerned about lead in your water, you may wish to have
your water tested. When your water has been sitting for several
hours, you can minimize the potential for lead exposure by flushing
your tap for 30 seconds to 2 minutes before using water for drinking
or cooking. Additional information on lead in drinking water, testing
methods, and steps you can take to minimize exposure is available
from the Safe Drinking Water Hotline (1-800-426-4791) or at
epa.gov/safewater/lead.
Source Water Assessment and Protection (SWAP)
The Colorado Department of Public Health and Environment may
have provided us with a Source Water Assessment Report for our
water supply. For general information or to obtain a copy of the
report please visit wqcdcompliance.com/ccr. The report is located
under “Guidance: Source Water Assessment Reports”. Search the
table using 123605, PEACH VALLEY ORCHARD SUBD, or by
contacting DAVE HILLBRAND at 970-876-0825. The Source
Water Assessment Report provides a screening-level evaluation of
potential contamination that could occur. It does not mean that the
contamination has or will occur. We can use this information to
evaluate the need to improve our current water treatment capabilities
and prepare for future contamination threats. This can help us ensure
that quality finished water is delivered to your homes. In addition,
the source water assessment results provide a starting point for
developing a source water protection plan. Potential sources of
contamination in our source water area are listed on the next page.
Please contact us to learn more about what you can do to help
protect your drinking water sources, any questions about the
Drinking Water Quality Report, to learn more about our system, or
to attend scheduled public meetings. We want you, our valued
customers, to be informed about the services we provide and the
quality water we deliver to you every day.
PEACH VALLEY ORCHARD SUBD, PWS ID: CO0123605 2022 CCR Page 2 of 5
Our Water Sources
Sources (Water Type - Source Type) Potential Source(s) of Contamination
WELL 1 – SIMON WELL (Groundwater-Well)
As of June 2022, there was not a Source Water Assessment
Report posted for our water supply. Please contact DAVE
HILLBRAND at 970-876-0825 with questions regarding
potential sources of contamination.
Potential sources of contamination in our source water area
typically come from: dissolved naturally occurring minerals,
septic systems, agricultural runoff, careless application, storage,
and disposal of household chemicals and petroleum products.
Terms and Abbreviations
Maximum Contaminant Level (MCL) − The highest level of a contaminant allowed in drinking water.
Treatment Technique (TT) − A required process intended to reduce the level of a contaminant in drinking water.
Health-Based − A violation of either a MCL or TT.
Non-Health-Based − A violation that is not a MCL or TT.
Action Level (AL) − The concentration of a contaminant which, if exceeded, triggers treatment and other regulatory
requirements.
Maximum Residual Disinfectant Level (MRDL) − The highest level of a disinfectant allowed in drinking water. There
is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants.
Maximum Contaminant Level Goal (MCLG) − The level of a contaminant in drinking water below which there is no
known or expected risk to health. MCLGs allow for a margin of safety.
Maximum Residual Disinfectant Level Goal (MRDLG) − The level of a drinking water disinfectant, below which there
is no known or expected risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial
contaminants.
Violation (No Abbreviation) − Failure to meet a Colorado Primary Drinking Water Regulation.
Formal Enforcement Action (No Abbreviation) − Escalated action taken by the State (due to the risk to public health, or
number or severity of violations) to bring a non-compliant water system back into compliance.
Variance and Exemptions (V/E) − Department permission not to meet a MCL or treatment technique under certain
conditions.
Gross Alpha (No Abbreviation) − Gross alpha particle activity compliance value. It includes radium-226, but excludes
radon 222, and uranium.
Picocuries per liter (pCi/L) − Measure of the radioactivity in water.
Nephelometric Turbidity Unit (NTU) − Measure of the clarity or cloudiness of water. Turbidity in excess of 5 NTU is
just noticeable to the typical person.
Compliance Value (No Abbreviation) – Single or calculated value used to determine if regulatory contaminant level
(e.g. MCL) is met. Examples of calculated values are the 90th Percentile, Running Annual Average (RAA) and Locational
Running Annual Average (LRAA).
Average (x-bar) − Typical value.
Range (R) − Lowest value to the highest value.
Sample Size (n) − Number or count of values (i.e. number of water samples collected).
Parts per million = Milligrams per liter (ppm = mg/L) − One part per million corresponds to one minute in two years or
a single penny in $10,000.
Parts per billion = Micrograms per liter (ppb = ug/L) − One part per billion corresponds to one minute in 2,000 years,
or a single penny in $10,000,000.
Not Applicable (N/A) – Does not apply or not available.
Level 1 Assessment – A study of the water system to identify potential problems and determine (if possible) why total
coliform bacteria have been found in our water system.
Level 2 Assessment – A very detailed study of the water system to identify potential problems and determine (if possible)
why an E. coli MCL violation has occurred and/or why total coliform bacteria have been found in our water system on
multiple occasions.
PEACH VALLEY ORCHARD SUBD, PWS ID: CO0123605 2022 CCR Page 3 of 5
Detected Contaminants
PEACH VALLEY ORCHARD SUBD routinely monitors for contaminants in your drinking water according to Federal and State
laws. The following table(s) show all detections found in the period of January 1 to December 31, 2021 unless otherwise noted. The
State of Colorado requires us to monitor for certain contaminants less than once per year because the concentrations of these
contaminants are not expected to vary significantly from year to year, or the system is not considered vulnerable to this type of
contamination. Therefore, some of our data, though representative, may be more than one year old. Violations and Formal
Enforcement Actions, if any, are reported in the next section of this report.
Note: Only detected contaminants sampled within the last 5 years appear in this report. If no tables appear in this section then no
contaminants were detected in the last round of monitoring.
Disinfectants Sampled in the Distribution System
TT Requirement: At least 95% of samples per period (month or quarter) must be at least 0.2 ppm OR
If sample size is less than 40 no more than 1 sample is below 0.2 ppm
Typical Sources: Water additive used to control microbes
Disinfectant
Name
Time Period Results Number of Samples
Below Level
Sample
Size
TT
Violation
MRDL
Chlorine December, 2021 Lowest period percentage of samples
meeting TT requirement: 100%
0 1 No 4.0 ppm
Lead and Copper Sampled in the Distribution System
Contaminant
Name
Time
Period
90th
Percentile
Sample
Size
Unit of
Measure
90th
Percentile
AL
Sample
Sites
Above
AL
90th
Percentile
AL
Exceedance
Typical Sources
Copper 09/11/2021
to
09/13/2021
0.19 5 ppm 1.3 0 No Corrosion of
household plumbing
systems; Erosion of
natural deposits
Lead 09/11/2021
to
09/13/2021
2 5 ppb 15 0 No Corrosion of
household plumbing
systems; Erosion of
natural deposits
Disinfection Byproducts Sampled in the Distribution System
Name Year Average Range
Low – High
Sample
Size
Unit of
Measure
MCL MCLG MCL
Violation
Typical Sources
Total
Haloacetic
Acids
(HAA5)
2020 5.3 5.3 to 5.3 1 ppb 60 N/A No Byproduct of drinking
water disinfection
Total
Trihalome
thanes
(TTHM)
2020 12.7 12.7 to 12.7 1 ppb 80 N/A No Byproduct of drinking
water disinfection
PEACH VALLEY ORCHARD SUBD, PWS ID: CO0123605 2022 CCR Page 4 of 5
Radionuclides Sampled at the Entry Point to the Distribution System
Contaminant
Name
Year Average Range
Low – High
Sample
Size
Unit of
Measure
MCL MCLG MCL
Violation
Typical Sources
Gross Alpha 2019 0.58 0.58 to 0.58 1 pCi/L 15 0 No Erosion of
natural deposits
Combined
Uranium
2019 26 26 to 26 1 ppb 30 0 No Erosion of
natural deposits
Inorganic Contaminants Sampled at the Entry Point to the Distribution System
Contaminant
Name
Year Average Range
Low – High
Sample
Size
Unit of
Measure
MCL MCLG MCL
Violation
Typical Sources
Barium 2019 0.03 0.03 to 0.03 1 ppm 2 2 No Discharge of
drilling wastes;
discharge from
metal refineries;
erosion of natural
deposits
Fluoride 2019 0.87 0.87 to 0.87 1 ppm 4 4 No Erosion of natural
deposits; water
additive which
promotes strong
teeth; discharge
from fertilizer and
aluminum
factories
Nitrate 2021 0.28 0.28 to 0.28 1 ppm 10 10 No Runoff from
fertilizer use;
leaching from
septic tanks,
sewage; erosion of
natural deposits
Selenium 2019 2 2 to 2 1 ppb 50 50 No Discharge from
petroleum and
metal refineries;
erosion of natural
deposits; discharge
from mines
Secondary Contaminants**
**Secondary standards are non-enforceable guidelines for contaminants that may cause cosmetic effects (such as skin, or tooth
discoloration) or aesthetic effects (such as taste, odor, or color) in drinking water.
Contaminant
Name
Year Average Range
Low – High
Sample
Size
Unit of
Measure
Secondary Standard
Sodium 2019 93.3 93.3 to 93.3 1 ppm N/A
Total Dissolved 2019 804 804 to 804 1 ppm 500
PEACH VALLEY ORCHARD SUBD, PWS ID: CO0123605 2022 CCR Page 5 of 5
Violations, Significant Deficiencies, and Formal Enforcement Actions
No Violations or Formal Enforcement Actions
TP
0
0
2
EP
0
0
2
Page | 1 of 2
Mountain View Subdivision
BUI#09016.02 Major Subdivision Application December 18, 2024 Wastewater Management & Systems Plan
This Wastewater Management & Systems Plan discussion is provided in accordance with
Article 4 Section 4-203.N of the Garfield County Unified Land Use and Development Code and
follows the outline provided therein.
N1. Wastewater Management:
a. N/A
b. OWTS
1) Each lot within the subdivision shall be required to obtain a site specific
OWTS soils analysis and engineered design performed by a qualified
professional engineer in the State of Colorado and permit directly with
Garfield County for compliance with the County’s OWTS requirements and
requirements of the CDPHE, Water Quality Control Commission.
2) Garfield County public records for adjacent properties indicate that the
regional soils (Soil Type 2A to Type 4, Sandy Loam to Clay) are acceptable
for OWTS systems with no shallow bedrock and seasonal high groundwater
levels from 4-feet to 8-feet below the surface (SEPT-10-18-5541, #3051,
#03205, #03900, and #03770).
3) The lots are not limited by building envelopes which might require OWTS
systems to be constructed at specific locations and as previously indicated,
the regional soils are acceptable for OWTS systems. Therefore, it is
proposed that each lot within the subdivision be required to obtain a site
specific OWTS soils analysis at the time of building permit application.
4) Each lot within the subdivision shall be required to obtain a site specific
OWTS soils analysis and engineered design performed by a qualified
professional engineer in the State of Colorado and permit directly with
Garfield County for compliance with the County’s OWTS requirements and
requirements of the CDPHE, Water Quality Control Commission.
5) A proposed management plan for operation and maintenance of OWTS
systems has been attached.
c. N/A
d. OWTS systems will be individually constructed, managed, maintained and repaired
at the sole cost of the individual lot owner.
e. All OWTS systems shall be designed by a qualified professional engineer licensed
by the State of Colorado and permitted with Garfield County.
f. N/A
g. OWTS systems will be individually constructed, managed, maintained and repaired
at the sole cost of the individual lot owner.
h. N/A.
i. Each lot within the subdivision shall be required to obtain a site specific OWTS soils
analysis and engineered design performed by a qualified professional engineer in the
State of Colorado and permit directly with Garfield County for compliance with the
County’s OWTS requirements and requirements of the CDPHE, Water Quality
Control Commission.
j. All lots are greater than 1.0 acres in size as required by Table 7-105.
Page | 2 of 2
Prepared by:
Deric J. Walter, PE
Boundaries Unlimited Inc.
Acknowledged by:
Red Dog LLC - Terry Kirk
Owner/Manager
Attachments
• OWTS Maintenance and Management Plan
• Adjacent Permits:
o SEPT-10-18-5541
o #03051
o #03205
o #03770
o #03900
Page | 1 of 2
MAINTENANCE AND MANAGEMENT PLAN
Mountain View Subdivision
Garfield County, Colorado
December 2024
Prior to requesting a Building Permit and/or Onsite Wastewater System (OWTS) Permit, each
Lot Owner within Mountain View Subdivision is required to obtain a site specific OWTS soils
analysis and engineered design performed by a qualified professional engineer and permit
directly with Garfield County for compliance with the County’s OWTS requirements and
requirements of the CDPHE, Water Quality Control Commission.
Any new Onsite Wastewater Treatment System (OWTS) installed within the Subdivision shall
comply with current Garfield County OWTS Regulations and the following additional
requirements:
A. each system shall be designed by a professional engineer registered in the State of
Colorado pursuant to Colo. Rev. Stat. §12-25-111 (1999);
B. each system design shall adequately address the soil conditions present at the Lot site,
which shall be verified through appropriate on-site testing by a professional engineer;
C. each system shall be designed to adequately service the anticipated wastewater
demand;
D. the tops of all tanks or risers extending there-from shall be surface accessible to
facilitate system maintenance, monitoring and inspections;
E. absorption fields or trenches shall adhere to minimum setbacks as regulated by the
Colorado Department of Health, Regulation No. 43 On-Site Wastewater Treatment
System Regulation, most recent edition and Colorado Department of Health Site
Application Policy WQSA-6;
F. proper mitigation (diversion) of drainage and flood irrigation for the absorption field or
trench areas shall be included in the design and construction;
G. each system shall be designed with sufficient area specifically allocated for a reserve
leach field to ensure that a future replacement is possible. The reserve leach field shall
meet the same design criteria as the primary field and shall not be constructed over with
driveways, buildings or other permanent structures; and
H. septic tanks shall be fitted with an effluent filter.
Following OWTS installation, the Lot Owner shall provide the Association (if one exists) and the
Garfield County Community Development Department with as-built drawings in relation to the
other improvements on the Lot, to scale, depicting the location and dimensions of the OWTS
facilities including the absorption field and monitoring pipes, all applicable design, operation and
Page | 2 of 3
maintenance specifications of the system's manufacturer and written certification from the
design engineer that the OWTS was installed in conformance with the requirements above
stated and all applicable design specifications of the manufacturer.
In the event no Association exists or that the Association fails to properly implement and enforce
the design and performance standards set forth in this paragraph, the Board of County
Commissioners for Garfield County, Colorado and its duly authorized representatives and
agents, shall have all the right to enter upon the property and implement and enforce such
standards at the expense of the affected Lot Owner or exercise any other right or power
afforded under this Restatement including, but not limited to, the initiation of appropriate
proceedings in the District Court for Garfield County, Colorado, to compel enforcement of the
same.
The provisions of this paragraph shall not be amended or repealed by the Homeowners
Association or Lot Owners without the written consent of the Board of County Commissioners
for Garfield County, Colorado.
In order to ensure that each OWTS installed within the Subdivision is inspected on a regular
basis and properly maintained, the responsibility and authority for such inspection and
maintenance shall be vested exclusively within the Association. This management plan is not
intended to provide for common ownership of the OWTS(s) or to provide common funding for
the construction, repair or replacement thereof. Such ownership and responsibility for
construction, repair and maintenance shall remain with the Lot Owner.
A. In accordance with the above, the Association and Lot Owner shall:
1. retain at all times, the services of qualified personnel to inspect the OWTS(s) and to
perform all maintenance and repairs necessary to ensure that same are installed
properly, remain in good operating condition and comply with the performance
requirements set forth within;
2. inspect the operating components of each OWTS within (30) days of being placed
into operation; thereafter, each OWTS shall be inspected every year and the septic
tank pumped at the time that the solids (settled and floating) accumulate to a level of
20 percent of the effective capacity of the tank; and
3. maintain at all times written or other permanent records documenting the date each
OWTS was inspected or tested, the results of such inspections or tests and the extent
of all maintenance and/or repairs performed. All documents maintained by the
Association and Lot Owner pursuant to this provision shall at all times be available for
inspection by other lot owners and/or authorized representatives of Garfield County.
B. The following provisions shall apply in the event the estimated maintenance or repair
costs required of any OWTS exceed $2000.00 in total during any one calendar year:
1. the Association shall give the Lot Owner and the Garfield County Community
Development Department written notice of the nature and extent of the work
necessary, to return the OWTS to good operating condition and/or bring the OWTS
System within the performance requirements set forth within;
Page | 3 of 3
2. within (10) days of receipt of such notice, the Lot Owner shall at his or her own
expense submit an application for an OWTS Permit to Garfield County to repair or
replace the OWTS;
3. within (30) days of receipt of such Permit, the Lot Owner shall at his or her own
expense, cause to be completed, the repairs set forth within the notice. In the event
the Lot Owner fails to complete such repairs within this the period to the satisfaction
of the Association, the Association shall have the authority, in addition to any other
remedy provided within this Restatement, to take any of the following actions:
a. to impose against the Lot Owner, a fine not to exceed $200.00 for each day in
which the OWTS System remains unrepaired;
b. to complete on behalf of the Lot Owner the required repairs to the OWTS. All
costs included by the Association in connection with the restoration shall be
reimbursed to the Association by the Lot Owner of the Lot, upon demand. All un-
reimbursed costs shall be a lien upon the Lot until reimbursement is made which
may be enforced in accordance with the provisions of this Restatement; and/or
C. In the event the Association fails to properly implement and enforce the provisions of this
management plan set forth in this Article, the Board of County Commissioners for
Garfield County, Colorado and its duly authorized representatives and agents, shall have
the right to enter the Subdivision and implement and enforce such provisions at the
expense of the Lot Owner or exercise any other right or power afforded under this
Restatement including, but not limited to, the initiation of appropriate proceedings in the
District Court for Garfield County, Colorado, to compel enforcement of the provisions of
this management plan.
D. To encourage the health and longevity of the OWTS system, the Lot Owner shall
consider the following;
1. Minimize the amount of water that goes down the drain, the better the system will
work.
2. Minimize solids going down the drain.
3. Eliminate garbage disposals or keep the use of garbage disposals to a minimum.
4. Minimize grease and oils that go down the drain.
5. Use lint filters on laundry machine drains.
6. Keep sand and dirt out of the building drain.
7. Avoid flushing sanitary napkins or paper products other than toilet paper.
8. Do not use lye-based drain unclogging chemicals such as Draino, Oven-Off, or other
strong cleaning agents
9. Do not put any “root deterrents” down the drain.
10. Do not pour paint thinner, pesticides, paints or photo lab chemicals down the drain
11. Minimize use of chlorine bleach and toilet additives.
(adapted from The Septic System Owner’s Manual, 2000, Shelter Publications, Inc.,
Bolinas, CA 92924)
E. The provisions of this OWTS MAINTENANCE AND MANAGEMENT PLAN shall not be
amended or repealed by the Homeowners, Association or Lot Owners without the written
consent of the Board of County Commissioners for Garfield County, Colorado.
PERMIT
KEEP AVAILABLE AT PROJECT SITE
Project Address ____________________________________________ Parcel No. ________________________
Subdivision _________________________________ Lot _______ Section-Township-Range ____________
Owner Name ______________________________________________ Owner Phone _____________________
Owner Mailing Address _______________________________________________________________________
Contractor(s) ______________________________________________ Contractor Phone _________________
Work Description:
Valuation _________________________________
Square Feet _______________________________
IMPORTANT: APPLICATION IS HEREBY MADE TO THE BUILDING OFFICIAL FOR A PERMIT SUBJECT TO THE CONDITIONS AND
RESTRICTIONS SET FORTH ON THIS APPLICATION. PLEASE NOTE: Final inspection of the work authorized by this permit is required. A
Certificate of Occupancy must be obtained prior to use and occupancy of new buildings and structures. A Building Permit becomes null and
void if the authorized work is not commenced within 180 days of the date of issuance and if work is suspended or abandoned for a period of
180 days after commencement.
Permit Type ____________________________________
Work Classification _____________________________
Issue Date ___________ Expiration Date ___________
PERMIT #
Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601
Phone (970) 945-8212
5/18/2019
36-05-92
Septic - New
970-948-8735
OWNER
Simon Exemption
PO Box 493, Silt, CO 81652
new OWTS installation for single family residence -
3 BR
BY ENGINEER
1
SEPT-10-18-5541
212736100049
New
11/19/2018
Robert & Sylvia MacLaughlin
TBD Sec36, T05S, R92W
WELL
COUNTY ROAD NO. 250
ASPHALT
LTJ
DRAINAGE, UTILITY AND DITCH EASEMENT PER PLAT REC. NO. 544219
LOT 1
3.71AC.f
50 100
LOT 2
188.7' •
126.7'—•
12
ABSORPTION
TRENCHES
INFILTRATRORS
UAL
19.2'
TO IRRIGATION DIT
N \
INAGE, UTILITYAIvDITCH EASEMENT PER PLAT ILRC. NO. 544219
S 89°21'39" W 379.06'
m LOT 4
Waste Water Flow
Reference: 5 CCR 1002-43
Section 43.6
Design Flow. 75 gpd/person
No. Bedrooms: 3
No. people/bedroom 2
Total Daily Flow 450 gallons Table 6-1)
Percolation Data
Percolation tests performed Oct. 13, 2018
No ground water within 8' of the 9round surface
Average percolation rate = I 26.8 min/inch
IMPORTANT NOTE: On site water was used in the percolation tests.
Use of imported water (e.g, City of Glenwood Springs) for tests is invalid ,
produces erroneous results that do not represent actual percolation rates.
Table 10-1 Soil Structure and LTAR
LTAR = 0.5 Gal/Day/Square Foot
I I I
Table 10- 2 - Size adjustment for Application Method
No reduction; gravity flow for a trench (chanter)
I I
Table 10-3 - Size ad ustment for distribution media
Trench: reduce to 70% of calculated area
REQUIRED TRENCH AREA
450 gpd / 0.5 gaVday/SF = 900
Table 10.3 reduction = 0. 7
Net Required Trench Area: 630 S.F.
Design
Recommend Infiltrator brand or equal, low profile
34" wide
48" effective length
S.F./Infiltrator 11.33
No. required: 55.6
Use 3 trenches 18. 5
Round to units each trench 19
Total # chambers: 57
I
Total length of each trench: 76 Feet
Note: Clear distance between trenches 6 feet
measured adjacent sidewall to adjacent sidewall)
DESIGN AND CONSTRUCTION NOTES:
Septic tank: 1,250 gallon. Install an effluent filter on the distribution end.
Infiltrator brand low profile chambers or equal. Adjust the following calculations if a different brand or size
is used.
Net absorption trench area = 630 s.f
Designed for 3 bedroom home + auxiliary buildings (e.g„ shop)
Design flow = 450 gpd
Average percolation rate = 26.8 min/inch
Soils are deep sandy silty loam, continuous. No water table within 8' of the ground surface. LTAR = 0.5
gal/day/SF.
Each trench: 76 feet long x 34" wide (dig 36" wide). 19 chambers/trench are required.
Trenches shall be as level as possible. Plans show the trenches parallel with the contours. This is
optional.
Install 6" diameter PVC inspection ports at each end of each trench. Cover with an irrigation box at
grade.
Min. of 18" soil over top of chambers.
Lightly compact fill over top of chambers. Mound topsoil 6"-12" to allow settlement.
Field fit elevations to septic tank / house elevations.
Distribution lines: min. 4" diameter PVC
Use 1x3 distribution / splitter box (gravity)
Place splash blocks under inlets to minimize erosion
COMPLIANCE NOTES
Offset to well = 207 feet
Offset to nearest open ditch =
119 feet
24753
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OWTS-ISDSSYSTEM DESIGNAND CONSTRUCTIONNOTESROB & SYLVIAMCLAUGHLIN LOT
1,
SIMONSUBD. EXEMPTION GARFIELDCOUNTY, COLORADOWATERRESOURCECONSULTANTS, LLC 244HuttonAve., Rifle, CO81650
I
970) 625-5433
4
6ARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT Permit N°3 0 1 ie
nS
G1 '
9 Bth Stre Suite 303 Assessor's Parcel No.r
1s I /
L 9 Ienviood Springs, Colorado 81801 T.
i 1k Phohg,(303) 945.8212 4
This does not constitute 1 r
PP 41 NDIVIDUAL SEWAGE DISPOSAL PERMIT a building or use permit.
4 t ' '
t : PROPERTY
II/I 111 1l ?4 t o D?1 Present Addressl IW C 1 t2 I . 2 - I e ) 00,r L . t •d . !Owner's Nam= Phone
System Location L
S
L egal Description of Assessor's Parcel No.a Ir'1
1 SYSTEM DESIGN
Septic Tank Cap (gallon)Other
le .‘
1 r Percolation Rate (minutes/inch) Number of Bedrooms (or other)e. '.
e Y h
Required Absorption Area - See Attached 9 r
i t 0.
Special Setback Requirements:1 "
yl
u1 %1
Date Inspector i,
1 I FINAL SYSTEM INSPECTION AND APPROVAL (as Installed)
9 k Call for Inspection (24 hours notice) Before Covering Installation t ,4
a'Is t tr
System Installer i
1 • p Septic Tank Capacity
r
j ;Septic Tank Manufacturer or Trade Name c
t :Septic Tank Access within 8" of surface
is
Absorption Area t .
i t
Absorption Area Type and /or Manufacturer or Trade Name 1 ',
r Adequate compliance with County and State regulations/requirements 4±
x Other VC. ri 4 S\,.//9.-0/ .1 + ,
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Date Inspector tn r i E-! f t Sig `" r- '-,4-/'! // G)GF O ^' l 444 '
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RETAIN WITH RECEIPT RECORDS AT CONSTRUCTION SITE `. ` q j - j 0- 3,c
r CONDITIONS:S' eTl1. All installation must comply with all requirements of the Colorado State Board of Health Individual Sewage Disposal Systems Chapter Y3
25, Article 10 C.R.S. 1913, Revised 1984.
i 2. This permit is valid only for connection to structures which have fully complied with County zoning and building requirements. Con- I
nection to or use with any dwelling or structures not approved by the Building and Zoning office shall automatically be a violation or a i
Y requirement of the permit and cause for both legal action and revocation of the permit.
i s .3. Any person who constructs, alters, or installs an individual aeWegediapos elsystemine mannerwhlohinvolvesaknowingendmatedal d
i variation from the terms or specifications contained in the application of permit commits a Class I, Petty Offense ($500.00 fine —13 r 11fmonthsin )ail or both).f
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INDIVIDUAL SEWAGE DISPOSAL SYSTEM APPLICATION
OWI4ER. Kt' 0 : h
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ADDRESS 70 C 1/4.1-7 (2A M e & [ c at PHONE g70 - 9 84 - 9173
CONTRACTOR 0 W h -CAL
ADDRESS CA 1/4 t PHONE
PERMIT REQUEST FOR QQ NEW INSTALLATION ALTERATION REPAIR
Attach separate sheets or report showing entire area with respect to surrounding areas, topography of area,
habitable building, location of potable water wells, soil percolation test holes, soil profiles in test holes (See page 4).
J.00ATION OF PROPOSED FAC.II
Near what City of Town_ S i iT
l
Size of Lot ac e
Leg esci%%on or Address 2[i • a50 _ J(1 I Sa I-o a S nwK Su Q
WASTES TYPE:Q DWELLING TRANSIENT USE
COMMERCIAL OR INDUSTRIAL NON - DOMESTIC WASTES
OTHER - DESCRIBE
BUILDING OR SERVICE TYPE: 12 -fl ;'6 e/rc. e-
Number of Bedrooms 2 Number of Persons Li
IQ Garbage Grinder IQ Automatic Washer CI Dishwasher
SOIJRCF ANJ) TYPE. OF WATER SUPPLY X() WELL SPRING STREAM OR CREEK
If supplied by Community Water, give name of supplier:
DISTANCE TO NEAREST COMMUNITY SEWER SYSTEM: Ai/ft
Was an effort made to connect to the Community System?
A site plan is required to be submitted that indicates the following MINIMUM distances:
Leach Field to Well:100 feet
Septic Tank to Well:50 feet
Leach Field to Irrigation Ditches, Stream or Water Course:50 feet
Septic System to Property Lines:10 feet
YOUR INDIVIDUAL, SEWAGE DISPOSAL SYSTEM PERMIT Wii,i, NOT BE ISSUED
WITHOUT A SITE PLAN,
C;ROL ND CONDITIONS:
Depth to first Ground Water Table an Kr 0 m
Percent Ground Slope 1 eta-
2
1
TYPE OF INDIVIDUAL SEWAGE DISPOSAL SYSTEM PROPOSED:
p<) SEPTIC TANK AERATION PLANT VAULT
VAULT PRIVY COMPOSTING TOILET RECYCLING, POTABLE USE
PIT PRIVY INCINERATION TOILET RECYCLING, OTHER USE
CHEMICAL TOILET OTHER - DESCRIBE
FINAL DISPOSAL BY:
ABSORPTION TRENCH, BED OR PIT EVAPOTRANSPIRATION
X') UNDERGROUND DISPERSAL SAND FILTER
ABOVE GROUND DISPERSAL WASTEWATER POND
OTHER - DESCRIBE
WILL EFFLUENT BE DISCHARGED DIRECTLY INTO WATERS OF THE STATE? i o
pERCOLATION TEST REST II.TS: (To be completed by Registered Professional Engineer, if the Engineer does
the Percolation Test)
Minutes per inch in hole No. 1 Minutes per inch in hole NO. 3
Minutes per inch in hole No. 2 Minutes per inch in hole NO. _
Name, address and telephone of RPE who made soil absorption tests:
Name, address and telephone of RPE responsible for design of the system: HP Q.ety+c c t SOan C IQ 15(1
lerazb4 6 (Ali 9 Co 1601
Applicant acknowledges that the completeness of the application is conditional upon such further mandatory and
additional tests and reports as may be required by the local health department to be made and furnished by the
applicant or by the local health department for purposed of the evaluation of the application; and the issuance of the
permit is subject to such terms and conditions as deemed necessary to insure compliance with rules and regulations
made, information and reports submitted herewith and required to be submitted by the applicant are or will be
represented to be true and correct to the best of my knowledge and belief and are designed to be relied on by the
local department of health in evaluating the same for purposes of issuing the permit applied for herein. I further
understand that any falsification or misrepresentation may result in the denial of the application or revocation of any
permit granted based upon said application and in legal action for perjury as provided by law.
Signed Date 9/a V Pi"
PLEASE DRAW AN ACCURATE MAP TO YOUR PROPERTY!!
3
Hepworth - Pawlak Geotechnical, Inc.
5020 County Road 154
yA ^h Glenwood Springs, Colorado 81601techPhone: 970-945-7988
Fax: 970-945-8454
hpgeo @hpgeotech.com
July 20, 1999
Kevin Long
Country Road 312
New Castle, Colorado 81647 Job No. 199 518
Subject:Percolation Testing, Proposed Residence, Lot 2, Simon Exemption,
County Road 250, North of' Silt, Garfield County, Colorado
Dear Mr. Long:
As requested by you, Hepworth - Pawlak Geotechnical, Inc., performed percolation
testing at the subject site. The work was done in accordance with our agreement for
professional services to you, dated June 28, 1999.
Three percolation test holes were excavated prior to our site visit on June 28, 1999.
The soils exposed in the pits below about 1 foot of topsoil consisted of sandy clay to the
maximum depth of 4 feet. Free water was observed in the pits at a depth of 4 feet. The
shallow groundwater may be related to irrigation of nearby fields. Three additional test
holes were hand excavated to about 1 to 2 feet in depth alongside the existing pits.
The test holes were soaked on June 28, 1999. The percolation test locations are shown
on Fig. 1.
Percolation testing was performed on June 29, 1999. The percolation test results are
sununarized on Table I. Based on the groundwater encountered in the pits, the septic
disposal system should be designed by a civil engineer. The percolation rates indicate a
mounded infiltration system may be feasible. A perimeter trench may be needed around
the uphill side to lower the groundwater level within the disposal area.
If you have any questions, or if we can be of further assistance, please call our office.
Sincerely,
HEPWORTH - PAWLAK GEOTECHNICAL, INC,
7s PO- Jerk
Steven L. Pawlak, PF gu, w
REGij,
9 ,111 t
Rev. By: DE 24443
y •i
7 A (71A
SLP/ksm
S
mtortnuntoto
Z S
LOT 3 APPROXIMATE SCALE
1 ^ago'
LOT -----)
BOUNDARIES
LOT 2
1
1 1 u
1
N
0
CZ00
z
P 2 A 3 U
A
P 1
WELL ACCESS
1 AND EASEMENT 1
1 1
1 1
a
LOT 1
f
I
199 518 I GEOTECHNICAL, INC. I LOCATION OF PERCOLATION TEST HOLES I Fig. 1
1
HEPWORTH- PAWLAK GEOTECHNICAL, INC.
TABLE I
PERCOLATION TEST RESULTS JOB NO. 199 518
HOLE NO. HOLE DEPTH LENGTH OF WATER DEPTH WATER DEPTH DROP IN AVERAGE
INCHES)INTERVAL AT START OF AT END OF WATER PERCOLATION
MIN)INTERVAL INTERVAL LEVEL RATE
INCHES)INCHES)INCHES)MIN. /INCH)
P -1 22 15 10 8 3/4 1 1/4
8 3/4 8 3/4
8 7 1/2 1/2
7 1/2 7 1/2
7 6 3/4 1/4
6 3/4 6 1/2 1/4
6 1/2 6 1/4 1/4
60
P -2 21 15 11 9 2
9 7 3/4 1 1/4
7 3/4 7 3/4
7 6 1/4 3/4
6 1/4 5 3/4 1/2
5 3/4 5 1/4 1/2
5 1/4 4 3/4 1/2
30
P.3 17 15 9 61/4 23/4
6 1/4 5 1/4 1
5 1/4 4 1/2 3/4
4 1/2 4 1/2
4 3 1/2 1/2
3 1/2 3 1/4 1/4
31/4 3 1/4
45
NOTE: Percolation test holes were soaked on June 28, 1999. Percolation testing was conducted on June 29, 1999. The
average percolation rates are based on the last three readings of each test.
WATER RESOURCE CONSULTANTS, LLC
February 23, 2000
Kevin Long and Gina Reece
7700 County Road 312
New Castle, CO 81647
RE: ISDS Design
Lot 2, Simon Subdivision Exemption
Dear Kevin and Gina,
Enclosed is a completed ISDS design for your home on Lot 2 of Simon Subdivision
Exemption.
The system is designed as a "mound system," meaning, partially above grade. This is
because of the potential for a seasonally high groundwater table that may be within four (4)
feet of the ground surface. Also, because of moderate percolation rates, I have included a
one foot layer of sand in the absorption field. This will help improve percolation, as well as
help reduce nitrate levels in effluent that returns to groundwater.
1 sPloVued on the vicinity drawing that the absorption field should be placed at least 100 feet
away from the existing trees and seeps that are immediately south of your house. I felt this
would be prudent, just in case the PVO/SSE homeowners ever need to drill another well to
supplement the Simon Well. My current thought is that the seep area near the trees may
produce another good, shallow well. Thus the rationale for staying at least 100 feet away from
the existing seeps.
Copeland Concrete should have all the parts you need in stock. If the elevations do not work
for gravity flow, Dodson Engineering Supply has small pumps that will work. For your
information, I included a copy of a pump Dodson carries.
Any questions, please feel free to call.
Sincerely,
WATER RESOURCE CONSULTANTS, LLC
BAG
Paul C. Currier, P.E.
PCC /pcc
Attachments ISDS Application
ISDS App Cry Ltr 2- 2300.doc / 2241.0
244 Hutton Ave., Rifle, CO 81650 PH / Fax (970) 625-5433 pcurrier@bwn.net
INDIVIDUAL SEWAGE DISPOSAL SYSTEM APPLICATION
OWNER Kevin Long and Gina Reece
ADDRESS 7700 County Road 312, New Castle, CO 81647 PHONE (970) 984 -9883
CONTRACTOR Kevin Long Construction
ADDRESS 7700 Country Road 312, New Castle, CO 81647 PHONE (97n) 984- 9rl113
PERMIT REQUEST FOR X) NEW INSTALLATION ALTERATION REPAIR
Attach separate sheets or report showing entire area with respect to surrounding areas, topography of area, habitable
building, location of potable water wells, soil percolation test holes. soil profiles in test holes (See page 4).
LOCATION OF PROPOSED FACILITY:
Near what City of Town Silt, CO Size of Lot > 2 acres
Legal Description or Address Lot 2, Simon Subdivision Exemption
WASTES TYPE:X) DWELLING TRANSIENT USE
COMMERCIAL OR INDUSTRIAL NON - DOMESTIC WASTES
OTHER - DESCRIBE
BUILDING OR SERVICE TYPE: ResldeMial home
Number of Bedrooms Five (5)Number of Persons Five (5)
t3C Garbage Grinder X) Automatic Washer X) Dishwasher
SOURCE AND TYPE OF WATER SUPPLY: X) WELL SPRING STREAM OR CREEK
If supplied by Community Water, give naive of supplier PVO/SSE Public Water System, PWID # 123605
DISTANCE TO NEAREST COMMUNITY SEWER SYSTEM: 1.5 miles
Was an effort made to connect to the Community System? > 1.5 miles; not within sewer district
4 site plan b ranted to be submitted that indicates the following MINIMUM distances:
Leach Field to Well: > 100 ft 100 feet
Septic Tank to Well: > 100 ft
50 feet
Leach Fldd to Irrigadon Ditches, Stream or Water Course: > 100 50 feet
Septic Systems to Property Lines: > 100 ft
I feet
y
iI y_. , ty r tie Y)_u as L WILL NeTBE1.fY1. 1 Li It _1
Jam !!_ 1
AMMAN
GROUND CONDITIONS:
Depth to first Ground Water Table Approx. 4 feet
Percent Ground Slope Varies, 2 - 5 %
2
TYPE OF INDIVIDUAL SEWAGE DISPOSAL SYSTEM PROPOSED:
X) SEPTIC TANK AERATION PLANT VAULT
VAULT PRIVY COMPOSTING TOILET RECYCLING, POTABLE USE
PIT PRIVY INCINERATION TOILET RECYCLING, OTHER USE
1 CHEMICAL TOILET OTHER - DESCRIBE
FINN, DISPOSAL BY:
ABSORPTION TRENCH, BED OR PIT EVAPOTRANSPIRATION
UNDERGROUND DISPERSAL SAND FILTER.
ABOVE GROUND DISPERSAL WASTEWATER POND
X) OTHER - DESCRIBE Mound System
WILL EFFLUENT BE DISCHARGED DIRECTLY INTO WATERS OF THE STATE? No
pERCOLA77ON TPST RESULTS: (To be completed by Registered Professional Engineer, if the Engineer does the
Percolation Test)
Minutes 60 oer inch in hole No. 1 Minutes
45 per mob in hole NO.3
Minutes 30Mi per inch in hole No. 2 It/mutes per inch in hole NO. _
Name, address and telephone of RPE who made sod absorption tests:
HP Geotech, Inc., 5020 CR 154, Glenwood Springs, CO 81801
Name, address and telephone of RPE reaponsrbie for design of the system:
Paul C. Currier, P.E. Water Resource Consultants, LLC 244 Hutton Ave., Rifle, CO 81650
Applicant acknowledges that the completeness of the application is conditional upon such further mandatory and
additional tests and reports as may be required by the local health department to be made and flrrnisbed by the applicant
or by the local health department for purposed of the evaluation of the application; and the issuance of the permit issubjecttosuchtermsandconditionsasdeemednecessarytoinsurecompliancewithrulesandregulationsmade,information and reports submitted herewith and required to be submitted by the applicant are or will be represented to
be tore and correct to the best of my knowledge lad belief and are designed to be relied on by the local department of
health in evaluating the same for purposes of issuing the permit applied for herein. I father understand that any
falsification or misrepresentation may result in the denial of the application or revocation of any permit granted based
upon said application and in legal action for perjury as provided by law.
Signed
G Date Feb 23, 2000
PLEASE DRAW AN ACCURATE MAP TO YOUR PROPERTYII Pao R£ciS•fFt 1oc':•..cuq••
100 yards west of intersection of County Road 250 and County Road 281 o:a4/5 a
iii z3 0U=W' '
3
COUNTY RD.250 x
y •—. — x — — ._. - - — 4_
Lot Z Simon Subd. Exemption
4.81+/— ACRES
Pvo /SSE PWSID if 123605
WELL AND PUMP HOUSE
t
1500 GAL. DOSWO SEPTIC TANK.11W17713SEPARATE500GALCOMPARTMENTS
PLACE ETFWEMT FLTEF ON DISCHARGE
FROM ENO TO 3R0 TANIC.
IMIS 3.7147
SLOPE SIDES OF r 7MOUND5H: IV s 1
41
PLACE'FB10' FROM FIETD
O7REES/SEEPS / /MW. OF 100' fROV
TREES AND SEEPS
I(
POTABLE WATER LINE L1
rttp ^ PEORSj`1I
I e UG. C.cU, i 1
A VV itg r` U
4 '
61475
i2
100 50 0 a . . -..
I---I I---1
1' - 100'
DATE : 234(9 -2000
AIL LONG / REECE RESIDENCE TILE : 224 -1.0
I vault CECONSAe.TAN111,11c GARFIELD COUNTY, CO.NO : 224-1.0 I 0MO OF
2441400w. • 11:01400. 81050 J
BY PCC 2ISDSLOCATIONMAP
DAm :
PHIFat ' • @5 - 5433
T
20'
SLOPE r .1 TO MIN
CONDON
N
S
PROCTOR DENSITY.
REYWAW WITH ONASSIS
SLOP
We uYER, tlkN ri . SS Q.r.
INWER TATTLE
ABSORPTION FIELD ITYPICALCROSS— SFCTION Po p REG/s 11
Pi ES 0%,••6 Cb c^ 1
2475 n
O,t• . ........•G s
II fSS/GNP`E.`
1) 1500 GAL. DOSING SEPTIC TANK,
3 EQUAL CHAMBERS
2) SAND ISNMIN/MUM ONE4 ( rFEET ABOVERSEASONALLY IGHEXISTING WATER /TABLEINSURE TOP
3) LEVEL SAND AND PLACE 7 PARALLEL ROWS OF 5 INFILTRATOR CHAMBERS (35 CHAMBERS
q TOTAL).
TAKE NNCARLREDURING PLACEMENT OF CHAMBERS TO NOT COMPACT THE SAND SUBGRADE.
MAX /MUM OF / r T PROCTOR D / ASTM DE / TOPSOIL. COMPACT SOIL TO A
5) GRADE TOP OF MOUND TO DRAIN, APPROX. 1" / 3' .
6) GRADE SIDE SLOPES OF MOUND 3H: N.
7) REVEGETATE WITH INDIGINEOUS PASTURE GRASSES
8 PIPING: INSTALL 4" CLEANOUTS AT ALL BENDS. SLOPE 13" TO 1/4" PER FOOT MIN.
USE PERFORATED PIPE IN ACCORDANCE WITH MANUFACTURERS SPECIFICATIONS FOR INFILTRATOR
9) INP ER.TION VENT /PORT: INSTALL 4" INSPECT /ON VENT AT BOTH ENDS OF INFILTRATORIN
10) BURY DELIVERY PIPE MIN. OF 3' BELOW GRADE TO MINIMIM/ZE FREEZING POTENT /AL.
MiW : 23-EW -2000
LONG / REECE RESIDENCE FILE : 224 -1.0
WATER RESOURCE CONSULTANTS, LLC GARFIELD COUNTY, CO.IMO : Y24-1.0 I SJ*U OF
244 Hlim 'we .. RNA CO. 81650 J ISDS — DETAILS
BY Poo 2
PH /Fax (970) 825 -5013
Ulm : FCC
Kevin Long and Gina Reece Residence
Lot 2, Simon Subd. Exemption
ISDS Calculations
Physical Data
No. of Bedrooms
55
No. of people /bedroom 1
Total no. of people 7557Gallonsofeffluent / person / day 7
5
Total gal/day 375Peakdailyflow = 1.5 *Total gal / day
percolation Data gp min/inch
Test Hole 1
Test Hole 2
30 min/inch
Test Hole 3
45 min/inch
Ave.
45 min/inch
Soil Profile at Location of Absorption Field
0-1 feet Topsoil
1-4 feet Sandy Clay
4 feet Bottom of hole; free water observed
gbprotion Field
Utilize gravelless trench with Infiltrators; reduce total area required by 20%
Area = Q/5 `(q ^0.5 = 450 / 5* (8.4 min / in)A0.5 755 SF
less 20% reduction
TOTAL REQ'D AREA OF ABSORPTION FIELD:804
Use infiltrator chambers, 6.25' x 2.83' = 17.7 sf each O µEClg Fit t
No. required:
35
4 - cut; to tl
Use 7 rows of 5, i.e., 31' long x 20' wide aif
e
2A •
Han Soil G Z. ..............................Haulul In min. 1 feet in depth of river sand and /
least
crusher
fines. Test to make sure percolation rate Is at least 10 min/inch. fl essi . P` = cr
Backflll with native topsoil. Remove all rocks larger than 3"
prior to placing material. Lightly tamp, but do not compacttomorethan85% standard density. Place a minimum of 24"
depth of topsoil over top of Infiltrator chambers. Grade side
slopes at 3H:1V or flatter. Revegetate with pasture grasses
indiglneous to existing pasture.
Water Resource Consultants, LLC 224 -1.0 2/23/00 / Page 1 of 1
4" Biotube® Effluent Filter & Biotube Jr.
Applications Standard Features & Benefits
5 -10 times more flow area than other
Our patented` 4" Biotube Effluent Filter and Biotube Jr. are ideal
smanymatimes lasso , sds laststs angerbranrand,for residential septic tanks. They prevent large solids from leaving
b
the tank, dramatically improving wastewater quality and extending homeowner
cleanings,
ma
nings, iy
time
cr
the life of residential drainfields.Installs in minutes inside new or
existing tanks; extendible tee handle
for easy removal
Easy to clean by simply hosing off
whenever the tank needs pumping
Removes about two-thirds of suspended
t
solids, on average, extending drainfield
life
Corrosion -proof construction, to
ensure long life
II let Optional Features & Benefits
Alarm available, to signal the need for
cleaning
we Flow modulating plate available to
M limit flow rate leaving tank
t'a.Custom and commercial sizes available
E `Biotube Filtering Process
l •°
9 "Jr hunt lifter Effluent from the relatively clear zone of1 .the septic tank, between the scum and
r„ r sludge layers, horizontally enters the
Biotube Effluent Filter through inlet holes
4 " Biotube Jr.in the housing. Effluent then enters the
n annular space between the housing and
the Biotubes, utilizing the Biotubes' entire
surface for filtering. Particles larger than
9' Biotube Effluent Filar the Biotube's mesh are prevented from
leaving the tank.
Orenco's superior effluent filters resin clogging better than 41 other brands. Our r
standard, full -sized 4' Biotube Effluent Fiber provides maximum long -tens protection o•
rd
in a complete package, with housing. Our 9 "Blombe Jr.. at half the size ofour d
tam
standard model has more filtering rapacity than the full -sized filter told by other
era ufacturers. For tanks with existing outlet tees, the Jr. insert filter is ideal
OrMtou>oys[sms•
Incorporated
APa 220411 she rrx
Rev. 220 NAt Changing Ike
a3rld Doer tvnnexmel
C rend by cam(5.492.635 and 4.439323
Model Codes for Ordering
4" Biotube 4" Biotube 4" Biotube Jr.
Effluent Filter
7 Yfnr nutomixed options (c g -• N indi-
rata mess Nord Carolina ra Extendible PVC handle - - -- x
Indiata Boat bracket auacbod arts. _ Stainless steel set screws - caw-
Indiata Box• modulation plate imalbd TOP seal plate
Cartrid height- 28" and 36" arc mndard Air vents
Housing height. 36" and 44" are standard a ° -
Indicates filter diameter (in)
W- Indiata fits 3034 outlet pipe
S- lydirara Sekeduk 40 omelet pipe
P- Indiaata 1116" filtration
P indimra 1/8 filtration
Biotube effluent fiber series Biotube filter cartridge - - -
I ,4 " iBiotube Jr. (includes cartridgealdhousing)
EFJJ 0 0418MA -yFor °atomncd options (rag.. NC indicatesTTmeetsNordCarolinater.)
I I IlndiBata flint bulnrkationet aradcd Solid base Riser
Indianw place irualltd it well
dia Cartridge height (in)
Indicates filter mdiaeter (in)i;,irW,en e
W- Indiata fiu 3034 outlet pipe
S/xdiara Schedule 40 order pipe 0»
P- lndiara 1116" filtration
Nn P indicate 1/8" frlmrnon IPJr. Series
Biotube effluent filter series
4" Jr. Filter Insert (cartridge only)
71314
7
Aac
customised options (e.g.. NC Indiata meets a „ - ( i
North Carolina refit. H indicates fits into Hancor tec)t
W-Indiata cartridge fits into 30 housing.
i
S- Indicates cartridge fits into Schedulee 440 housing
t1Cartridgeheightfin)Filter housing
Indicates filter diameter (in)
P- Indiata 1116" filtration 1.' ``.
No P indirnra l/8" Portion
N''
I Insert Series 000
i Biowbe effluent filter wrier
nn ,
4 t''
To Order Tenkwel
Call your nearest Orenco Systems, Inc.
distributor. For nearest distributor, tall
Orenco at 1 -800- 348 -9843.
Orcnco Systems Inc 1999
Distributed By:
Installation of an Automatic Siphon in a Pwtest t'nncrete
manhole
Iloml.. .,b
I /1_
I It lc°t sewerl._. ,1 Isettlingkink
Ikl ___ ..._ _____
u (. 1 _3 i ,
i
Installation of an Automatic Siphon in a 3 Compartment Septic M
manhole MANHOLE manhole
Inlet sewer SIS
OVERFLOW
EFFLUENT.,
1 __ Ii
1 1FILTERll
uI
y
discharcw
SETTLING CLEARWATER DOSING
TANK
TANK TANK
Installation of an Automatic Siphon in a Concrete Dosing lane
rllatl"ole
manhole C .
get sewer '.L1 i settling tank
l
1
i li . r
i ,
Fluid Dynamic Siphons, Inc.
P.O. Box 882019
1 Steamboat Springs, CO 80488 -2019
1-800 -818-5653 303) 879 -2494 FAX ?h3- 879 -4948
MODEL 423
DIRECTIONS FOR SETTING
1) Read the entire instruction book before installing.
2) Set siphon trap plumb and level The long leg of the siphon should extend 16" above the floor line.
3) Use a gesketed fitting to connect the outlet of the siphon to the overflow pipe and discharge line.
4) Fin the siphon trap with water before Initial operation.
5) Make sure all Joints of the vent piping are airtight
High Water Une
µA.A.
AAA.Vent
Pipe MP
la
I
23 ,.2
6"Overflow
Pipe 16 1 1
r 1
Olh Low
Water
ES dw..
n Floor Una
4;t
IIIINIIIIII 1' S f. • 5"
i ,1oY<fi j^' ke 4" PVC. CI or Tile
pll Vgre, i f %P " rS .„1 not furnished by
Flak 1,. a4 1 c s
At
A•
Inc.t a.Afi.. tit kt te Discharge
eonnectb I,i . Y'r 4 1 , , r 15" siphon 4215D.
D.Y k icy 4i e 7
SK'I 1
s •t StI
K K f F 9 r l
i l t.' r h Sv't Cy t s,.: 4
e ytK,. 'i{_Lx f ! „'` ` `
r 3- r to }u ' 4 ' ( . 1'x v " 1 g
Fl 1 f {' K. J F Rr .:YY ?
Y
12Ys"
V
Installing the Siphon
the bell will have risen to a level lust short of the top of the
g p trap, end also at this point a quantity of air is forced around ,
Please read the entire instruction booklet before the invert of the trap and escapes through the discharge
installing.leg of the siphon. The escaping air relieves the back
The slphon trap should be water tested before setting pressure within the slphon and the water Inside of the bell
In concrete to make sure that it has not sustained any will rush up and fill the siphon trap thereby starting the
damage In shipping.siphon action. The liquid is drawn out of the tank until air
reaches the bottom of the bell. At this point the siphon
Set the siphon trap In concrete, being sure that it is action is stopped.
plumb and level and that the long leg of the Trap extendsabovethefloorthecorrectdistance (please note the
drawing on page 1). Do not change any dimension or Testing
elevation without first contacting the factory. The FIIl thetankunUlllquldcoversthebellandven (piping.discharge line from the siphon should be vented back into if bubbles rise to the surface there is an Indication of an air
overflow pip e and outlet pipepe must be connected
t
to the lethetank. overflow pipe will accomplish t The leak. An air leak in the bell or In the vent piping will prevent
pipe osiphondischargeusingagasketedfittingbecauseitisproperoperation.
Impossible to solvent bond the fitting to the high density As the liquid level In the tank approaches the high
t polyethylene with which the siphon is constructed. This water line listen for a biooping noise which indicates air is
may be accomplished by using a gasketed T' fitting or by escaping through the siphon discharge. When the siphon
using a short length of sewer pipe that has a gasketed belied reaches the high water line the siphon will lire. If It does not.
end and then connecting it to a solvent weld 'T fitting. The refer to the trouble shooting guide.
discharge line leading from the siphon must have a slight
pitch away from the siphon to prevent it from backing up.Operation Of Dual AlternatingFillthesiphontrapwithwatertillItflowsoutthedischarge
line.Automatic Siphons
in dual alternating Installations care must be taken to When liquid rises In the tank for the first time, both
el both traps at the same elevation. They must both be siphons will operate as Indicated for the single siphon. Ifplumbandlevel. They may discharge In any direction but both siphons were constructed exactly the same and set
they must NOT discharge into the same line or an perfectly they would both go into operation at the same
Interconnecting line.time. Slight variations, however, are inevitable and will
Next, screw the inner vent pipe into the siphon bell.bring one siphon Into operation before the other.
Then screw the outer vent pipe Into the Inner vent pipe The first siphon to operate will empty the tank and will
which is now in the bell. Use pipe compound on the result in all but about half of the liquid being forced out of
threaded points to insure an air tight seal.the trap that did not operate. This will result in a greater
With the 1 /4 -20 bolts started into the trap, place the quantity of air being trapped In the long leg of the siphon
hell over the trap and rotate it 1111 the sloes In the bell line up that did not discharge. The extra alr in this siphon will
with the bolts in the trap. Push the bell down and rotate it.cause It to
operation.
Into operation next. This results in the
Tighten the bolts.
Make sure that the siphon trap Is full of water up to the
level of the discharge line. You are now ready to teat the Testing Dual Alternating Siphons
siphon.Make sure that both siphon traps have been tilled with
water. As the dosing tank Is filled and when the liquid
Operation of Single Automatic covers ron siphon oeltsend ventnt p Accheck for bubbles
bs
Siphons an air leak which will prevent the siphons from operating
As liquid rises In the dosing tank it also rises inside the properly.
siphon bell at the same rate till the liquid reaches the levelof the outer vent pipe. At this point an air seal Is effected. As As the liquid in the tank reaches the high water line
the liquid leveicontinuesto rise In the tank it also continues one of the siphons should go into operaton.Itisnecessary
to rise in the bell but much more slowly. Concurrently, the to fill the tank at least one more time to make sure that the
air that Is trapped in the bell and the long leg of the siphon other siphon goes into operation and the siphons are
is forced towards the Invert of the siphon trap. When the alternating properly. If there is any problem refer to the
quid In the tank reaches the high water line the liquid in trouble shooting section.
MODEL 413 AUTOMATIC SIPHON
Trouble Shootin g
Is entering the dosing chamber then the vent pipe Is too ...,
short, which Is delaying the pressurization of the siphon.
If the Siphons are not operating properly follow these Water In the bell has risen to the level of the long leg of the
steps:trap and is spilling over the trap but the air In the trap hasnotbeenforcedaroundtheInvertLengthentheventpipe
1) Make sure that the vent pipes are not clogged.by about 14" by gtueing a PVC coupling onto the end of it.
2) Make sure that there are no air leaks In the vent piping c) Retest the siphon, listening for the " Bloop" and
or the bell.repeat step 4 if necessary.
3) Make sure the siphon trap(s) has been filled with water
initial step).5) Dual Alternating Siphon
4) Refer to the section on the "Operation of SingleAutomaticSiphons ". A "Bloop" sound is audible as the air If one siphon always triggers, the vent pipes must be
in the long leg of the siphon trap escapes around the invert adjusted. Lengthening the outer vent pipe has a tendencyUm
of the trap. It Is important in diagnosing the trouble of a to bring
vent siphon Into
theoperations o r ortening ti emalfusiphontodetermineifthisairIsescaping
from the siphon by listening for the " Bloop" as water fills vent iipe of the passivesishon.n and tor
a torte and emit
1 the dosing tank.process of balancing the two siphons. Retest the system
a) If the " Bloop' sound Is heard but the siphon does after each change. Caution: the vent pipes can be adjusted
not come Into operation, the outer vent pipe Is too long. too much. They can be shortened to the point where no
which is causing the siphon to be pressurized to soon.The water air will escape the siphon trap and the effluent will
air in the long leg of the trap has escaped around the invert trickle through the siphon. The vent pipes can be
of the trap but the water In the bell had not risen high lengthened to the point where air escapes through the
enough to iiow lnto the trsp. Cut about ½" oltthe end o%the siphon but the liquid In the bell Is not high enough to tiow
vent pipe.into the trap. It will "Bloop" and malfunction. If the siphons
b) If no "bloop" is heard by the time the siphon are Installed property there Ise point in which both siphons
r reaches the high water line and the siphon appears to be will operate alternately. Adjustments to dual alternating
trickling effluent through the siphon as fast as the effluent siphons should be gradual (/. to Si").
FLUID DYNAMICS INC.
1025 Delaware Avenue
Longmont, Colorado 0501
g19_
c...
Y
um The
Eliniinators
from Little Giant*
b ••\ -4 .3 _ 94-^.\-
ieXI e= 1610 — -• NA Ts yr
8E- Series
Zi& ,The Eliminator submersible
pumps from Little Giant are specifically
y engineered to handle the tough demand-
ing tasks for effluent and sewage waste
r k. 7 ,, i- t.: '' #I• 'transfer with high efficiency and long
s t/- -, ,- z + f ,, ;;term dependability.
5 ' ; ° i° -.' " ''it The Eliminators — USA Se-
t
7 rc ries — includes pumps for use in Resi-
t d.denial, Commercial, Industrial and
tL tw }Agricultural applications with Tight to
p J. ' medium transfer demands. For dewatcr-
t ing, effluent waste, wastewater and sew-
14, - 1 . age handling where such materials must
be moved upward from a collection area
k`to sewer or septic lines, or drainage areas,
the Eliminators are an ideal solution.
Series Features
Handles liquids and solid waste ma-
terials up to 3/4" diameter.
Cast iron pump housing with protec-
tive epoxy coating for corrosion
and rust resistance.
Oil filled motor housing for lifetime
g/ii lubrication and rapid heat dissipa-
lion.
I
Stainless steel screws, bolts. handle,
and seat assembly.
111)Mechanical seals (stainless steel
spring, nitrite pans, carbon and co-
E Series 4 . ' M
t ramie faces).
8E Series t Thermal overload protection.
E Manual and Automatic modes in
For residential and light commer-I each size.
coal use. the Model HE Series De-Automatic operation has 9" -14'
watering end Effluent pumps handle a ' /On" level and, and 2" -6" "Ott"
liquids and solid waste materials up II i_11,level range with adjustable Float
to 'ii" diameter. Pumps feature a U/ 1.-Switch.
1l discharge. with a lift of 21'.r
2
Class- filled nylon cover and ABS rr ellS11 All 113 volt models are UUCSA
base.
Listed.
iModel8E -CIM (Manual)i t u ci I,,fiOOakland
able PumpsferEliminaDemaoughSebaModel8E- CIA -RFS (Auto)
r
Little Giant "'tsa
Submersible Dewatering & Effluent Pumps a'
4 0 6
1180' --
tal Z041#111 : 4 ‘7 11111111: 4111)
k \
sillik N
II 1
4.65' —
K'DIS
USA iCHAROE
I an^
Nie
iiTTIiISMI 1
SCREEN TO PASS W' SOLIDS POWER CORD
I
BE SERIES
MOOR CATALOG SOLIDS SIZE IUMNINI STANT PEAFOIMACEIBPN QNFAM SMUTOFF PWR CIS WOOD SINENSNMS
NO.110. LISTING NP VOLTS IRM1.4 AMPS/WATTS AMPS W 10' 15' Sr IN PAL IFLI IUR.I PIA IBIUJ
11E -CIM 509000 ULICSA 113 115 314 111900 14 52 45 33 21 9.1 10 27 825x9.64.9
8E- CIHFS 509050 ULICSA t1/33 115 3/4 11190061900 147
8E-CIM 509000
52 45 33 21 9.1 12 27 825x8254.66.9
81-CIM 5091105 UL CSA 1/3 115 3/4 11/900 14 52 45 33 21 9.1 15 30 825x9.6
8E- CIA -RFS 509105 UL/CSA 1a 115 3/4 111900 14 52 45 33 21 9.1 15 32 8.25x9.6x6.9
BE-CIA-RFS 5091 ULIC 1/3 115 3/4 1119110 25524533219.1
20
34 826x69
All Models are 60 Hz.
BE SERIES PUMP PERFORMANCE CURVE
115VAC 60Hz
CAPACITY LITERS /MINUTE
1 d
25 I I
0
11 1 1 1 1 1 1 1 1 1 1 1
120 100 240 r(111!'
1 1 -
7.5
11::::*.--------Ve1
te
20 _6. 3
m .-
5 a 1W15 =d l
q
w 10 _A
2S y
5 _
INDIVIDUAL ACCESSORIES
AND PRE- ENGINEERED SYSTEMS
ARE AVAILABLE.
0 I'll 1111 1111 1114 1111 Ills 1111 Ins nfl 1111 0
0 15 30 45 60 75
CAPACITY- GALLONS /MINUTE
e P.O. BOX 12010. 3810 N. TULSA
1 `_ I OKLAHOMA CITY, OKLAHOMA 73112a4 .
I. DD wHV
SUBSIDIA
405) 947 -2511t"RY
xlCVMfiM
C :9yd*1995 Chile (kill Pump Company —Form 0994340 -11/95
a NicRols lssoclates, Inc. 1
751 Horizon Court. Suite 102, Grand Junction, CO 81506
970·245-7101 ~ 970·245·3251
email • nai@acsol.net
Date: rs'?" f" Total # of pages Including coveraheet: E
To: To'\M 1;l.i..v..9e Recipient FAX: cf70-7'1'--S -~';;?<f5
From: I e v v J' fl/ c.. k <: \.s
Nichols i«:ssoclates , Inc.
Memo:
sender FAX: t::f 7 o -:R ct-s;--3 ~ f;; /
Check
Cash
Assessor's Parcel No.
CHARGES
Percolation Test $100.00
Includes final Inspection)
Permit Processing Fee $50.00 1 ..
J
v
Permit N:
J .-
Owner's Name ' l .\ ~' ('1 e Ir:.: I\''\ .
J
Address at System Location Ld 3
Amount P;;id /S 'L crt.
Date Pai:! ·7/.J.7/~/
3205
1t J..Si:..· c:-; I I~ (I..'
tt; S..J-
Money Order Cashier _CJ_~_.\._· _ ... _,.~-)'"'-~--~-----------
ALL CHECKS ARE TO BE MADE PAYABLE TO GARFIELD COUNTY TREASURER
While. APrltCANT Yellow. DEPARTMENT '(' 1 .,:.l.-C)~ s .£ _;, • ~ ' ·--·
t• !:">-&\
INDIVIDUAL SEWAGE DISPOSAL SYSTEM APPLICATION --
OWNER~~__.L_,;;OJ?z~~,j~~~r?~er~..&:>~·~~~------------~------------~~
ADDRESS __._P..;;;;;..o_.....;... a__;:CJ=-X..=------'-X"-r~ j"--'· 7'---..;;;....5__.-' 6-'-1 ........ 6=-o--= 6.~:li-=~s2 PHONE _S_79---'-: _____ !J-_;;?_;:_L-:f__;;8'::____
r
CONTRACTOR __ _..,~~P--.------------------------
ADDRESS _~----------------
PHONE _________ _
PEIDvflT REQUEST FOR MNEW INST ALLATI ON ( ) AL TERA TION ( ) REPAJR
Attach separate sheets or report showing entire area with respect to surrounding areas, topography of area, habitable
building, location of potable water wells, soil percolation test holes, soil profiles in test holes (See page 4)
LOCATION OF PROPOSED FACILITY :
Near what City of Town ____ ----'S._..:/_./ _________ ----"'-S=ize"'-"'-'of'"""L...,.o_._t _/9_ ....... ~<-·r"J_~_tJ __ ~_F_-_
Legal Description or Address C ~ ./"1.!;;t t/?oc.-d .:JS-0
l
WASTES TYPE . SXf DWELLING ( ) TR.t\NSIENT USE
COM!vlERCIAL OR Il'l"DUSTRJAL ( ) NON-DO.rvfESTIC WASTES
OTHER-DESCRIBE _~~~~----------------------
BUil..DING OR SERVICE TYPE ·------------------------
Number of Bedrooms 3 ----=-------------Number of Persons _._..J....__ __ _
0 Garbage Grinder 00 Automatic Washer }\') Dishwasher
SPRING ( ) STREA...~ OR CREEKSOlJRCEA ... ND TYPE OF WATER SUPPLY: -)>{WELL
If supplied by Commurury Water, give name of supplier: ________________ _
DISTA...NCE TO NEAREST COMMUNITY SE\iVER SYSTEM: ____ ;2 __ r-_""1-_~_~_r _____ _
Was an effort made to connect to the Community System? _____ /l._c.> _________ _
A site plan is required to be submitted that indicates the following MINIMUM distances:
Leach Field to Well: 100 feet
Septic Tank to Well: 50 feet
Leach Field to Irrigation Ditches, Stream or Water Course: 50 feet
Septic System to Property Lines: 10 feet
YOUR JJ'UlIVIDUAL SEWAGE DISPOSAL SYSTEM PERMIT WILL NOT BE ISSUED WITHOUT
A SITE PLAN.
GROUND CONDITIONS:
fi v I
D~ili~fu~Gro~dW~rT~~---~~~~·~~'~'-c~Y~ ___ o ____________ ~
I
Percent Ground Slope ________ _..:;"'?=-~.-.......::P' ________________ _
t/t/S--fQ/ 2
q;J-rl
Jf' INDIVIDUAL SEWAGE DISPOSAL SYSTEM PROPOSED:
SEPTIC TANK ( ) AERATION PLANf ( ) VAULT
VAULT PRIVY ( ) COr...n>OSTING TOILET ( ) RECYCLING. POT ABLE USE
PIT PRIVY ( ) INCINERATION TOILET ( ) RECYCLING, OTIIER USE
CHEMICAL TOILET ( ) OTIIER -DESCRIBE
FINAL DISPOSAL BY:
ABSORPTION TRENCH, BED OR PIT ( ) EV APO~~SPIR..l\TION
c>6 UNDERGROUN'"D DISPERSAL ( ) SAND FILTER
ABOVE GROUN-0 DISPERSAL ( ) WASTEWATER POND
OTHER -DESCRIBE
WILL EFFLUENT BE DISCHARGED DIRECTLY INTO WATERS OF THE STATE? /70
PERCOLATION TEST RESULTS : (To be completed by Registered Professional Engineer, ifthe Engineer does the
Percolation Test)
Minutes _____ per inch in hole No. 1 Minutes ______ per inch in hole NO. 3
Minutes per inch in hole No. 2 l\ifinutes per inch in hole NO._
Name , address and telephone of RPE who made soil absorption tests ·----------------
Name. address and telephone of RPE responsible for design of the system: _____________ _
A pplicant acknowledges that the completeness of the application is conditional upon such further mandatory and
additional tests and reports as may be required by the local health department to be made and furnished by the applicant
or by the local health depanment for purposed of the evaluation of the application~ and the issuance of the permit is
ubject to such terms and conditions as deemed necessary to insure compliance with rules and regulations made,
information and reports submitted herewith and required to be submitted by the applicant are or will be represented to
be true and correct to the best of my knowledge and belief and are designed to be relied on by the local department of
health in evaluating the same for purposes of issuing the permit applied for herein I further understand that any
falsification or misrepresentation may result in the denial of the application or revocation of any permit granted based
upon said application and in legal action for perjury as provided by law.
Signed---.....~c.......r-.tP.~--'J~~---,7 rV....._ ___ _ r~, Date __ 6-_2._'fs_-9 _____ y __ _
PLEASE DRAW AN ACCURATE MAP TO YOUR PROPERTY!!
3
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ISDS DESIGN FOR 0688 CR250 ROAD, S'LT, COLORADO
NOTES:
1. Construction must be done according to current Garfield County individual Sewage
Disposal System Regulations. Ar:y changes rnu~t be approved by the engineer and Garfield
County Health Department.
2. The lnstallaticn will be inspected by the engineer and Gar11eld County Health
Oel)&rtment before backfilling.
3. A 1.000 gallon minimum capacity septic tank is required. The tank mu~t meet the
septlo design criteria specified by the Garfield County Health Department. The tank shall
be Installed on a solid base and shall be level. Tank access and Inspection port shall be no
more than S" below finished grada
4. Use 4~ diameter ASTM D 3034 plastic pipe from the building to the septic tank. A
clasnout shall be Installed outside the bulldfng. Pipe from !he septic tank to the
distribution box and infiltrators shall be 4' diameter ASTM 0 3034 .
5. As-built drawings shall be made after construction One copy ol the as·built drawing
shall be delivered to the Garfl!ld County Health Department
6. The system must be Installed by a licensed septic tank Installer.
7. Plot plan must adhere to all hcri~ontal distance requirements as de&ignated by
ttie Garfield County Health Department.
25' minimum distance to foundation
4 • diameter ASTM D 3034 plastic pipe
Bencn pipe \.!•
area to same
f'\ elevatlon as
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GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT
109 8th Street Suite 303
Glenwood Springs, Colorado 81601
Phone (303) 945 -8212
INDIVIDUA L SEWAGE DISPO SA L PERMIT
PROPERTY
BP-obL6
Permit N ~ J 7 7 0
Assessor 's Parcel No.
CX,/d.7-3t,JMo/-oc >
This does not consti tute
a bu i ldin g or use permit.
Owner's Name _,,[Jc __ __,_h_....Q.,,__,._,G\YJ-Pi~f~)_M_'_,_.di~'~l/~o -Present Address ~-FJCf~lf~J __ c_~_r_~_W"'l_bSfi=t /\:,.__,1 11.,,1~~L_r1_. Phone m6 -5 / J5'
System Location _____ ____,O=--=-'JS=---{p,___C~6 ..:....;{ IA,'"-"-b1L..:..Ll:lo/o_,_,1c..:...J' Af'-"-----_))-=---{'_\ _J __,,,,-L"'----_._5 _,_,_j
4 (_,_
f __ Co __ · _:_¥_/_6__:o:~:___ __
galDncri~ionofA~uor~~~No. __ ~l_o_-~f-~~---~-~-c_h_~~£~f~~~-=0~C~~~~~,~~=-~-~d~/~~~7_-_3_~_/~-
0 I -l>6_3
SYSTEM DESIGN
Septic Tank Capacity (gallon) ______ Other
Perco lation Rate (minutes/inch) Number of Bedrooms (or other) ____ _
Required Absorption Area -See Attached
Special Setback Requirements;
Date _____________ Inspector----------------------------
FINAL SYSTEM INSPECTION AND APPROVAL (as installed)
Call for Inspection (24 hours notice) Before Covering Install ation
System Insta ller _________________________________________ _
Septic Ta nk Capacity _______________________________________ _
Septic Tank Manufacturer or Trade Name --------------------------------
Septi c Tank Access within 8" of surface ---------------------------------
Absorption Area-----------------------------------------
Absorption Area Type and/o r Manufacturer or Trade Name --------------------------
Adequate comp liance with County and State regulations/requirements. _____________________ _
Other __ -+--+--~'---------------1-----~-------~-~~--------~
b/t'f(o(,, ""'•"°'~~~~~~~~~ Date
RETA IN WITH RECEIPT RECORD AT CONSTRUCTION S IT E
CONDITIONS:
1. All installation must comply with all requirements of the Colorado State Board of Health Individual Sewage Disposal Systems Chapter
25, Article 10 C.R.S . 1973, Revised 1984.
2. This permit is valid only for connection to structures which have fu lly complied with County zoning and building requirements. Con-
nection to or use with any dwelling or structures not approved by the Building and Zoning office shall automatically be a violation or a
requirement of the permit and ca u se for both legal action and re vocation of the permit.
3. Any person w ho constructs , alters, or installs an indi vid u al sewage d isposal system in a manner which involves a knowing and material
variation from the terms or specifications contained in the appli cation of permit commits a Class I, Petty Offense ($500.00 fine -6
months in jai l or both).
White -APPLICANT Yellow -DEPARTMENT
INDIVIDUAL SEWAGE DISPOSAL SYSTEM APPLICATION
OWNER £~','Mo OcZoc:....
ADDRESS O'tl(r CoLu.vib ,A,~ }ANL' ·
CONTRACTOR ~ t'-C (' 13 ;)I 1' le )
PHONE t/8 -'-It/ .J 7
PHONE 5re A}ft. L'(
PERMIT REQUEST FOR (~EW INSTALLATION ( ) ALTERATION ( ) REPAIR
Attach separate sheets or report showing entire area with respect to surrounding areas, topography of area, habitable
building, location of potable water wells, soil percolation test holes, soil profiles in test holes (See page 4).
LOCATION OF PROPOSED FACILITY:
Near what City ofTown. __ 5~J~'tj-____________ Size ofLot@ c.,.Cl't""/ /&?,
Legal Description or Address ~/-2c) /?ec.,_c £ {), //tCv Orch4f'C /
WASTES TYPE: (::n;WELLING QJ_c, IP Co(v-~,J'D ~'") TRANSIENT USE
NON-DOMESTIC WASTES ( ) COMMERCIAL OR INDUSTRIAL
OTHER-DESCRIBE~~~~~~~~~~~~~~~-
BIBWINGORSE~~E~E:_~B_f~~u_·_~_l_r __ £_c~~-·-,b_/e_~_c_e ____________ _
Number of Bedrooms Number of Persons -------.,-----------------~
Garbage Grinder ( ) Automatic Washer
SOURCE AND TYPE OF WATER SUPPLY: (~LL
Ifsupplied by Community Water, give name of supplier:
Y}-Dishwasher
SPRING ( ) STREAM OR CREEK
DISTANCE TO NEAREST COMMUNITY SEWER SYSTEM :~2~'~"'=-,"~/<~s __ 5_.-·_/f_. __
Was an effort made to connect to the Community System? ----r-.A ..... J__.o-=-----------
A site plan is required to be submitted that indicates the followint: MINIMUM distances:
Leach Field to Well: 100 feet
Septic Tank to Well: 50 feet
Leach Field to Irrigation Ditches, Stream or Water Course: 50 feet
Septic System (septic tank & disposal field) to Property Lines: 10 feet
YOUR INDIVIDUAL SEWAGE DISPOSAL SYSTEM PERMIT WILL NOT BE ISSUED WITHOUT
A SITE PLAN.
GROUND CONDITIONS:
I
Depth to fir st Ground Water Table ___ ~......,,.._ ___________________ _
P G d SI /-....... c. t'/oercentrounope ____ ---=-...1_/_t:. _____________________ _
2
TYPE OF INDIVIDUA,L SEWAGE DISPOSAL SYSTEM PROPOSED:
CY? SEPTIC TANK ( ) AERATION PLANT ( ) VAULT
VAULT PRIVY ( ) COMPOSTING TOILET ( ) RECYCLING, POTABLE USE
PIT PRIVY ( ) INCINERATION TOILET ( ) RECYCLING, OTHER USE
CHEMICAL TOILET( ) OTHER-DESCRIBE
FINAL DISPOSAL BY:
ABSORPTION TRENCH, BED OR PIT ( ) EVAPOTRANSPIRA TION
vf" UNDERGROUND DISPERSAL ( ) SAND FILTER
ABOVE GROUND DISPERSAL ( ) WASTEWATER POND
OTHER-DESCRIBE
WILL EFFLUENT BE DISCHARGED DIRECTLY INTO WATERS OF THE STATE? )Jo
PERCOLATION TEST RES ULTS: (To be completed by Registered Professional Engineer, ifthe Engineer does the
Percolation Test)
Minutes @
Minutes W
per inch in hole No. 1
per inch in hole No. 2
Minutes
Minutes
8'0 per inch in?e No. J _,,..;;--
tie/l ~
fa b · 1 S .per inch ~le Httia;
Name, address and telephone of RPE who made soil absorption tests:----~---------
Name, address and telephone ofRPE responsible for design of the system:
Applicant acknowledges that the completeness of the application is conditional upon such further mandatory and
additional tests and reports as may be required by the local health department to be made and furnished by the applicant
or by the local health department for purposed of the evaluation of the application; and the issuance of the permit is
subject to such terms and conditions as deemed necessary to insure compliance with rules and regulations made,
information and reports submitted herewith and required to be submitted by the applicant are or will be represented to
be true and correct to the best ofmy knowledge and belief and are designed to be relied on by the local department of
health in evaluating the same for purposes of issuing the permit applied for herein. I further understand that any
falsification or misrepresentation may result in the denial ofthe application or revocation of any permit granted based
upon said application and in legal action for perjury as provided by law.
OURPROP~~.tv-~~LJ~~_._.,_~~3-'--~~~~
3
Designate North Arrow "' "-S--
Your Neighbor's
Name & Address
Your Plot -Shape to Fit
No Scale)
c
J
Locate well, all streams, irrigation ditchs, and any water courses. Draw in your house,
septic tank & system, detached garages, and driveway.
If a change of location is necessary, you must submit a corrected drawing, before a
Certificate of Occupation will be issued.
County Road (Note the Road Number and Name)
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Your Neighbor's
Name & Address
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is' A)~ GARRELD COUNTY BUILDING AND SANITATION DEPARTMENT
109 8th Street Suite 303
Glenwood Springs, Colorado 81801
Phone (303) 945-8212
INDIVIDUAL SEWAGE DISPOSAL PERMIT
PROPERTY ~
Permit N~ 3900
Assessor's Parcel No.
This does not constitute
a building or use permit.
I . f\I\ ~· ~\-:\~IL) \ 'i_~
Owner's NameVfn/~\YlQi tl 11. r Present AddressDl"J \ \14.. ~ l?-0 C'..ao ~ Phone5\c.~ -I1 <63
System Location loU A JJA.f"u "---S\ o.1
Legal Description of Assessor's Parcel No. a/c'3J-~J-0/-fY'>9
SYSTEM DESIGN
Septic Tank Capacity (gallon) ______ .Other
Percolation Rate (minutes/inch) Number of Bedrooms (or other) ____ _
Required Absorption Area -See Attached
Special Setback Requirements:
Date _____________ Inspector ___________________________ _
FINAL SYSTEM INSPECTION AND APPROVAL (as installed)
Call for Inspection (24 hours notice) Before Covering Installation
System Installer ________________________________________ _
Septic Tank Capacity ______________________________________ _
Septic Tank Manufacturer or Trade Name --------------------------------
Septic Tank Access within 8" of surface --------------------------------
Absorption Area----------------------------------------
Absorption Area Type and/or Manufacturer or Trade Name --------------------------
Adequate compliance with County and State regulations/requirements _____________________ _
Other ___________________________________________ _
Date 1 -;q -0 £/ Inspector ~~ (fmt.;u:/,_/
RETAIN WITH RECEIPT RECORDS AT CONSTRUCTION SITE
CONDITIONS:
1. All installation must comply with all requirements of the Colorado State Board of Health Individual Sewage Disposal Systems Chapter
25, Article 10 C.R.S. 1973, Revised 1984.
2. This permit is valid only for connection to structures which have fully complied with County zoning and building requirements. Con-
nection to or use with any dwelling or structures not approved by the Building and Zoning office shall automatically be a violation or a
requirement of the permit and cause for both legal action and revocation of the permit.
3. Any person who constructs, alters, or installs an individual sewage disposal system in a manner which involves a knowing and material
variation from the terms or spec1fications contained 1n the application of permit commits a Class I, Petty Offense ($500.00 fine -6
months in jail or both).
White -APPLICANT Yellow -DEPARTMENT
INDIVIDUAL SEWAGE DISPOSAL SYSTEM APPLICATION
PERMIT REQUEST FOR tj..> NEW INSTALLATION ( ) ALTERATION ( ) REPAIR
Attach separate sheets or report showing entire area with respect to surrounding areas, topography of area, habitable
building, location of potable water wells, soil percolation test holes, soil profiles in test holes (See page 4).
LOCATION OF PROPOSED FACILITY:
NearwhatCityofTown Sbt 1Cdofada SizeofLot 1D ~5>
Legal Description or Address 00 l (l rY6P1J r ,~1 bk
1
ffi 6Pwch \~ llo1i i>ah.Ob
WASTES TYPE: C'/J DWELLING ( ) TRANSIENT USE
COMMERCIAL OR INDUSTRIAL ( ) NON-DOMESTIC WASTES
OTHER-DESCRIBE _______________ _
BUILDINGORSERVIcETE: F2'1cql11 ·&Y" Y\·,I~ c-hayrl.«
Number of Bedrooms 4-Number of Persons_5 ____ _
Garbage Grinder <j) Automatic Washer ~ Dishwasher
SOURCE AND TYPE OF WATER SUPPLY: <:/J WELL ( ) SPRING ( ) STREAM OR CREEK
Ifsupplied by Community Water, give name of supplier: ~i rrDn t,lkl.L
DISTANCE TO NEAREST COMMUNITY SEWER SYSTEM: _ __._tJ_.)_,_ft~,'--------
Was an effort made to connect to the Community System? -~ .......... ~-----------
A site plan is required to be submitted that indicates the followine MINIMUM distances:
Leach Field to Well: ND will 0 n...fl~ 100 feet
Septic Tank to Well: 11 • • • • 50 feet
Leach Field to Irrigation Ditches, Stream or Water Course: 50 feet
Septic System (septic tank & disposal field) to Property Lines: 10 feet
YOUR INDIVIDUAL SEWAGE DISPOSAL SYSTEM PERMIT WILL NOT BE ISSUED WITHOUT
A SITE PLAN.
GROUND CONDITIONS:
Depth to first Ground Water Table __ _,,,Le.._-£-"'":s.a:J:::..__ ________________ _
Percent Ground Slope_-+......,.__ ______________________ _
TYPE OF INDIVIDUAL SEWAGE DISPOSAL SYSTEM PROPOSED:
ef SEPTIC TANK ( ) AERATION PLANT ( ) VAULT
VAULT PRIVY ( ) COMPOSTING TOILET ( ) RECYCLING, POTABLE USE
PITPRIVY ( ) INCINERATION TOILET ( ) RECYCLING, OTHER USE
CHEMICAL TOILET( ) OTHER-DESCRIBE
FINAL DISPOSAL BY:
fJ) ABSORPTION TRENCH, BED OR PIT ( ) EVAPOTRANSPIRATION
eef UNDERGROUND DISPERSAL ( ) SAND FILTER
ABOVE GROUND DISPERSAL ( ) WASTEWATER POND
OTHER-DESCRIBE
WILL EFFLUENT BE DISCHARGED DIRECTLY INTO WATERS OF THE STATE? _ _,fJ'--D-
PERCOLATION TEST RES ULTS: (To be completed by Registered Professional Engineer, ifthe Engineer does the
Percolation Test)
Minutes 51 O per inch in hole No. 1 Minutes / og per inch in hole No. 3
Minutes 3;:;? per inch in hole No. 2 Minutes er inch in hole No.
Name, address and tel!oneofRPE who made soil absorption tests: bcfiC. lw Her
9R:J~c Hv:.e. ~;iJQ lJ\2 6l€n11~t· CD -~ llaDl
D.t10;> UJ,)imi-\ac) :r:71c. ~ ~t.t <tM.llf\.UF~ [lfi)")qt15-'5252
Name, address and telephone ofRPE responsible for design of the syst~: ~ o Q,[) abtJ1.c O
Applicant acknowledges that the completeness of the application is conditional upon such further mandatory and
additional tests and reports as may be required by the local health department to be made and furnished by the applicant
or by the local health department for purposed of the evaluation of the application; and the issuance of the permit is
subject to such terms and conditions as deemed necessary to insure compliance with rules and regulations made,
information and reports submitted herewith and required to be submitted by the applicant are or will be represented to
be true and correct to the best ofmy knowledge and belief and are designed to be relied on by the local department of
health in evaluating the same for purposes of issuing the permit applied for herein. I further understand that any
falsification or misrepresentation may result in the denial ofthe application or revocation ofany permit granted based
upon said application and in legal action for perjury as provided by law.
Signed~':;;--==wLlk-,-) (} Date . .=l:l~-:t'-"--2'- 0_3-<=-----
PLEASE DRAW AN AcclJRM< MAP ~OPERTY!!
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INSTALL MARKCR ff C1>P IS TO
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LOT 11
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LS #1 J501
POWER POLE
W/GUY WIRE
N 89'59'54" 676.22'
UTIL. PED.
DITCH
GRAVEL RD
DITCH
OVERHEAD ELECT.
DITCH
75' ACCESS AND
UTILITY EASEMENT
LOT 12
Z ·_,,,-OVERHEAD ELECT.
AT POWER POLE
GRAVEL ROAD
1RR. VALVES 18"~ CMP
30' ACCESS AND
UTILITY EASEMENT
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l<-~~<-'--T,E~ ..... --::~~~~'ll""i~""'l':"~~~r=,,.:,,,,,""i'T':t:I'~ s 89'59 9 w
200'
REBAR AND CAP
LS #13501
LOT 14
PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS AND EASEMEI\
RD OR IN PLACE.
PROPERTY DESCRIPTION
LOT 12, PEACH VALLEY ORCHARD
IG TO THE PLAT RECORDED DECEMBER 5, 1909 AS RECEPTION NO.
COUNTY OF GARFIELD, STATE OF COLORADO
IMPROVEMENT LOCATION CERTIFICATE
T'llAT" llllt"'"" ILJl"'"'ll"'"'ln\J~LJr-.. 1T lr'\r'\ATll""\ .. I l""rnTlllr'\ATI \AIAr nnrn
BOUNDARIES
UNLIMITED INC.
Consulting Engineers
February 23, 2004
Garfield County Building & Planning
108 S'h Street, Ste. 201
Glenwood Springs, CO 81601
Re: ISDS for Verveja Residence: Columbine Lane, Silt, CO
BUI Project: Verveja Residence
To Whom It May Concern:
On February 19, 2004, Boundaries Unlimited Inc. personnel observed the construction of the
ISDS for the Verveja Residence located off Columbine Lane, Silt, Colorado. One 1500-
gallon septic tank and 42 standard Infiltrator units had been installed in a trench configuration.
No backfilling had taken place. The owner was advised to install the inspection ports as
specified in BUI' s design. Other than that, the installation of the system was in conformance
with the intent of the design. If you have any questions, or need additional information,
please feel free to contact me at 945-5252.
Sincerely,
BOUNDARIES UNLIMITED INC.
Deric J. Walter, P.E.
Project Manager
Cc: Martin Verveja
923 Cooper Avenue I Suite 102 I Glenwood Springs I Colorado 81601 I Ph 970.945.5252 Fax 970.384.2833
EXHIBIT D
Water Documents
• Letter – Water Rights Opinion -Sara Dunn, Balcomb Green – May 29, 2007
• Decree – Case No. 23CW3157
• Water Quality Report – June 11, 2024
• Findings of Fact – Decree 1 of 2
• Findings of Fact - Decree 2 of 2
• Water Court stipulation
• Case No. 00CW36
• Case No. 16CW3023
B ALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Edward Mulhall, Jr.
Scott Balcomb
Lawrence R. Green
Timothy A. Thulson
David C. Hallford
Christopher L. Coyle
Thomas J. Hartert
Christopher L. Geiger
Sara M. Dunn
Daniel C. Wennogle
Scott Grosscup
P.O. DRAWER 790
818 COLORADO AVENUE
GLENWOOD SPRINGS, COLORADO 81602
____________________________________
TELEPHONE: 970.945.6546
FACSIMILE: 970.945.8902
www.balcombgreen.com
May 29, 2007
KENNETH BALCOMB
1920-2005
Of Counsel:
John A. Thulson
VIA email: kirkenterprises@cox.net
Mr. Terry A. Kirk
12144 East Welsh Trail
Scottsdale, AZ 85258
Re: Due Diligence Review for Lot 4 Simon Subdivision Exemption near Silt, Colorado.
Dear Mr. Kirk:
We have completed a reconnaissance level review of the water rights and associated
water issues which arise out of your proposed purchase of approximately 27.52 acres also
known as Lot 4 of the Simon Subdivision Exemption located north of Silt, Colorado, owned by
North 27, LLC (“Seller”). Based upon our examination of the materials described below and our
interviews with: John Currier, a partner in the North 27, LLC; Pearl Knight, secretary of the Silt
Water Conservancy District; and Janet Maddock, manager of the West Divide Water
Conservancy District, and subject to the limitations and exceptions set forth below, we have
concluded that Lot 4 of the Simons Subdivision Exemption has an adequate legal water supply
to subdivide this parcel into five residential lots with a main residence and an accessory
dwelling unit on each and to continue the historical irrigation of approximately 12 acres, less the
dry-up associated with roads and building envelopes.
In performing our investigation, we reviewed the following documents: Contract to Buy
and Sell Real Estate dated April 1, 2007; the Counterproposal dated April 5, 2007; the Title
Commitment issued by Land Title Guarantee Company dated April 12, 2007; a revised Title
Commitment issued by Land Title Guarantee Company dated May 22, 2007; the Seller’s
Property Disclosures dated January 27, 2007; the Bylaws of the PVO/SSE Homeowners’
Association Inc.; Project Information and Staff Comments from Garfield County regarding a
Preliminary Plan submittal by North 27, LLC for the North 27 Subdivision dated May 8, 2000;
the PVO-SSE HOA Proposed 2007 Annual Budget; a letter from John M. Currier, P.E., of
Resource Engineering Inc., to Sherry Caloia dated November 23, 2002; a color aerial photograph
of Lot 4 of the Simon Subdivision Exemption purportedly taken in 1999; an unsigned Final Plat
of the Simon Subdivision Exemption prepared by Richard L. Holsan, Professional Land
B ALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Mr. Terry A. Kirk May 30, 2007
Page 2
Surveyor, on February 11, 1999; the Articles of Incorporation of PVO/SSE Homeowners’
Association, Inc.; an engineered drawing entitled “Relationship of North 27 Subdivision to
PVO/SSE HOA dated December 20, 1999 prepared by Water Resource Consultants, LLC; the
Decree (Part 1 of 2) and (Part 2 of 2) entered by the Division 5 Water Court in Case No. 00CW36,
Application for Water Rights of the PVO/SSE Homeowners’ Association; a water allotment table
entitled “PVO/SSE Water Rights Associated With Each Lot Acre-Feet Available in a “100%” Year”
dated April 15, 2000; the Decree entered by the Division 5 Water Court in Case No. W-1452,
Application for Water Rights of Fred I. Simon; the Final Plat of the Simon Subdivision
Exemption recorded as Reception No. 544219 in the records of the Garfield County Clerk and
Recorder on April 21, 1999; a Grant of Easement and Declaration of Covenants, Conditions and
Restrictions for a Portion of Peach Valley Orchard and Simon Subdivision Exemption recorded
as Reception No. 546583 in Book 1133 at Page 54 in the records of the Garfield County Clerk and
Recorder on June 3, 1999; a Quit Claim Deed recorded as Reception No. 553203 at Book 1153 at
Page 743 in the Records of the Garfield County Clerk and Recorder; and Garfield County
Commissioners Resolution No. 99-044 approving the Simon Subdivision Exemption.
The Contract identifies the water rights to be transferred in Paragraph 6 as follows: “All
water and water rights, ditches and ditch rights, well and well rights pertenant [sic] to the
property including but not limited to the following described; domestic, irrigation and available
community.” The Seller’s Disclosures indicate that the water rights associated with the property
include both Silt Project water, referring to the Bureau of Reclamation’s Silt Project operated by
the Silt Water Conservancy District, Farmers Irrigation Company water, and domestic water
from a community system, subject to an augmentation plan which is consistent with our
findings.
Lot 4 of the Simons Subdivision Exemption
Sonia Simon petitioned the Board of County Commissioners of Garfield County, for an
exemption from the definition of “subdivision” for the division of a 165 acre tract into four tracts,
referred to as the Simon Subdivision Exemption Lots 1 through 4. The Simon Subdivision
Exemption was approved by Garfield County by Resolution No. 99-044 recorded as Reception
No. 544154 in Book 1125 at Page 434 in the records of the Garfield County Clerk and Recorder.
A copy Resolution No. 99-044 is attached hereto as Exhibit A. A copy of the Final Plat for the
Simon Subdivision Exemption was recorded on April 21, 1999 as Reception Number 544219 in
the records of the Garfield County Clerk and Recorder. Due to the size of the recorded Final
Plat, we have attached as Exhibit B an unsigned copy of the plat that is identical to the recorded
copy but could be scanned and saved electronically. Lot 4 is the southern-most parcel and is
comprised of 27. 52 acres.
B ALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Mr. Terry A. Kirk May 30, 2007
Page 3
All of the lots within the Simon Subdivision exemption were acquired by S.M.I., L.L.L.P.,
a Colorado Limited Liability Limited Partnership formed by David and Connie Hick. S.M.I.,
L.L.L.P. also acquired Lots 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 23, 24 and 25 of Peach Valley
Orchard. The Simon well is the domestic water source for the Peach Valley Orchard Lots 9, 10,
11, 12, 14, 15, 16, 17, 18, 19, 20, 23, 24 and 25, and the Simon Subdivision Exemption Lots 1
through 4, according to the Grant of Easement and Declaration of Covenants, Conditions and
Restrictions for a Portion of Peach Valley Orchard and Simon Subdivision Exemption (the
“Covenants”) recorded as Reception Number 546583 at Book 1133, Page 54 in the records of the
Garfield County Clerk and Recorder and attached hereto as Exhibit C.
The Simon Well is located on the lot line between Lots 1 and 2 of the Simon Subdivision
Exemption as indicated on the Final Plat. The Simon Well is a shallow well constructed in 1910
to an approximate depth of 20.5 feet according to the Registration of Decreed Existing Well form
filed by the Simon Estate in 1997, approved and permitted as State Engineer Well Permit No.
049153-F. A copy of the Registration is attached hereto as Exhibit D. This well was decreed by
the Division 5 Water Court in Case No. W-1452 for 0.11 c.f.s (50 gallons per minute) from Cozza
Gulch, tributary to the Colorado River for domestic and irrigation use with a date of
appropriation of May 31, 1910. A copy of the decree in Case No. W-1452 is attached hereto as
Exhibit E. However, according to John Currier a 72-hour well production test was performed in
1999, and the well only produced 33 gallons per minutes (“g.p.m.”) continuously and was not
capable of sustaining a 50 g.p.m. continuous production rate.
According to the Covenants, the Simon Well and the water rights decreed in Case No.
W-1452 were to be conveyed by Quit Claim Deed to the PVO/SSE Homeowners’ Association as
“common facilities.” The PVO/SSE Homeowners’ Association operates and maintains the Simon
Well and related facilities as well as pays the annual fees for contract water purchased from the
West Divide Water Conservancy District. Apparently the PVO/SSE Homeowners Association
has outlined how the operation and maintenance of the well and domestic water system will
occur in a document entitled “Management and Operations Plan, Potable Water Supply System,
Peach Valley Orchard Subdivision and Simon Subdivision Exemption, Silt, Colorado, October
27, 1999.” However, we have been unable to acquire a copy of this document. The monthly
dues to the PVO/SSE Homeowners Association are $110 per lot according to the 2007 proposed
budget, a copy of which is attached hereto with the Bylaws and Articles of Incorporation for the
PVO/SSE Homeowners’ Association as Exhibit F.
Each lot, with the exception of Lot 4 of the Simon Subdivision Exemption, was entitled to
a proportionate 1/25th share in the production of the Simon Well. Lot 4 was entitled to 8/25th
share in the well (which equates to approximately 10.56 g.p.m. for Lot 4), as well as the right to
use an additional 3/25th interest in the production of the Simon Well in the event that Lots 1
through 3 of the Simon Subdivision Exemption were ever to connect to a central water system as
B ALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Mr. Terry A. Kirk May 30, 2007
Page 4
required by Garfield County and memorialized as Note 5 on the Final Plat.1 According to John
Currier, the PVO/SSE central water system does not have any central storage for fire protection
or to meet peak demands and it is apparently the responsibility of individual lot owners to
provide in-house pressure storage tanks. This requirement was discussed by the County during
the Lot 27 Subdivision application process, but does not appear in the Covenants.
Seller acquired Lot 4 from S.M.I., L.L.L.P. As indicated in Note 7 on the Final Plat, the
County approved the Simon Subdivision Exemption on the condition that no further divisions
by exemption would be allowed. Therefore, when the Seller decided to seek to subdivide Lot 4
into five residential parcels, Seller filed an application with Garfield County for approval of the
“North 27 Subdivision.” The lots ranged in size from 3.22 acres to 12.49 acres with an average lot
size of 5.50 acres.
During the referral process, both the County Engineer and the State Engineer voiced
concern that the water source identified for the development, the Simon Well could not legally
serve the proposed development without a court-approved plan for augmentation. Thus, the
Staff recommended denial of the proposed North 27 Subdivision for failure to comply with the
Garfield County Subdivision Regulations requiring “evidence that a water supply, sufficient in
terms of quality, quantity and dependability, shall be available….” According to John Currier,
Seller requested Garfield County table the application until such time as it could satisfy the
Garfield County water supply requirements, but after spending more than two years in Water
Court adjudicating the water supply and associated plan for augmentation for the North 27
Subdivision, the Seller’s Application was dropped from the County’s agenda and never received
a formal approval or denial.
Domestic Water Supply
To rectify the apparent lack of legal water supply for the existing PVO/SSE development
and the proposed North 27 Subdivision, the PVO/SSE Homeowners’ Association filed an
application with the Division 5 Water Court to adjudicate two enlargements of the Simon Well
and a plan for augmentation to replace out-of-priority depletions associated with the domestic
and limited irrigation uses of the Simon Well. The Water Court bifurcated Case No. 00CW36
into two parts. The first part of the decree referred to as Part 1 of 2 adjudicated the PVO/SSE
Simon Well Enlargement and a plan for augmentation for the existing development, including
1 According to the Covenants and Note 5 of the Final Plat, if any of Lots 1, 2 and/or 3 have the reasonable
ability to connect with any municipal or centralized water and/or sewer system, such lot will be required
to connect to said service within one year of the effective date of service availability and disconnect from
the Simon Well. The proportionate interest in the Simon Well associated with the Lot(s) which connected
to the municipal system shall revert to the owner of Lot 4.
B ALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Mr. Terry A. Kirk May 30, 2007
Page 5
one residential unit to be located on Lot 4 of the Simon Subdivision Exemption. The second part
of the decree (Part 2 of 2) approved a legal water supply for the proposed North 27 Subdivision.
In Case No. 00CW36 (Part 1 of 2), the Division 5 Water Court granted a new junior water
right to the Simon Well (“PVO/SSE Simon Well Enlargement”) in the amount of 4.06 acre feet
absolute for domestic use in the existing 9 residential units and 4.06 acre feet, conditional, for
domestic use in 9 residential units that were not built at the time the Water Court entered the
decree (total of 14 lots in PVO and 4 lots in SSE), irrigation in the amount of 9,000 square feet
(500 square feet for each of 18 residential lots), fire protection, and livestock watering. A copy of
the Decree is attached hereto as Exhibit G. An application for finding of reasonable diligence for
the conditional portion of the PVO/SSE Simon Well Enlargement is due on or before May 31,
2008 to prevent the cancellation of the 4.06 acre feet conditional portion of the water right.
The PVO/SSE Simon Well Enlargement is a very junior water right with a date of
appropriation of February 9, 2000. Therefore, the PVO/SSE Simon Well Enlargement will be out-
of-priority during much of the year and must operate pursuant to a plan for augmentation
which can replace all out-of-priority depletions to prevent injury to senior water rights both on
Cozza Gulch and the Colorado River mainstem. The Water Court approved a plan for
augmentation in Case No. 00CW36 (Part 1of 2) for the PVO/SSE Simon Well Enlargement which
includes two sources of replacement water: senior irrigation water which was historically used
to irrigate 2.3 acres within the PVO/SSE property which will be dried-up due to construction of
roads and the designation of building envelopes; and water from Green Mountain Reservoir
and/or Ruedi Reservoir pursuant to a Water Allotment Contract with the West Divide Water
Conservancy District.
As indicated on Figure 1, attached hereto as Exhibit H, the PVO/SSE properties are
partially located in the Harvey Gap drainage and partially located within the Cozza Gulch
Drainage. As such the Court required that 1.15 acres in the Cozza Gulch drainage be dried up
and 1.15 acres in the Harvey Gap drainage be dried-up to provide sufficient replacement water
to augment local calls on Cozza Gulch including the Coleman Ditch, the Cozza No. 2 Ditch, the
John Bruess Ditch and the Cozza Spring Ditch which are senior irrigation water rights.
The dry-up area was associated with 3 shares of Applicant’s Farmers Irrigation Company
(“FICo”) water rights. The FICo shares entitled Applicant to 0.07 c.f.s. from the Grass Valley
Canal and 3.30 acre feet from the Grass Valley Reservoir a/k/a Harvey Gap Reservoir, both
sources tributary to the East Fork of Rifle Creek. The plan for augmentation requires the
PVO/SSE Homeowners’ Association to continue to divert this water through its irrigation system
and by-pass this water into Cozza Gulch to satisfy any calls with Cozza Gulch which could occur
between April 15th and October 15th, the normal irrigation season. To satisfy calls on the
Colorado River mainstem that come from a block of irrigation rights under the Cameo call
B ALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Mr. Terry A. Kirk May 30, 2007
Page 6
which normally is in place from early July through late October, the PVO/SSE Homeowners’
Association also obtained a contract with West Divide Water Conservancy District for 2.0 acre
feet to be released from Green Mountain Reservoir located on the Blue River, a tributary of the
Colorado River or Ruedi Reservoir, located on the Fryingpan River, a tributary of the Roaring
Fork River, tributary of the Colorado River.
In Case No. 00CW36 (Part 2 of 2), the Water Court approved the PVO/SSE Second
Enlargement of the Simon Well for 3.8 acre feet conditional for domestic uses in 9 residential
units (4 primary units and 5 accessory dwelling units) with a total of 2,000 square feet of
irrigation (500 square feet per residential lot) with a date of appropriation of February 9, 2000. A
copy of the decree is attached hereto as Exhibit I. The Water Court in Case No. 00CW36
maintained the original diversion rate for the Simon Well at 0.11 c.f.s. and simply raised the
annual volumetric limit based on the additional proposed uses.
The Water Court also approved the PVO/SSE Well No. 1 as an alternate point of
diversion for the PVO/SSE Simon Well Enlargements 1 and 2, for 0.11 c.f.s., conditional, with an
annual volumetric limit of 12 acre feet for domestic use in 27 residential units, irrigation of up to
11,000 square feet (500 square feet on 22 lots), fire protection and livestock watering with a date
of appropriation of February 9, 2000. However, it is worth noting that although the Simon Well
is decreed for a 50 g.p.m. diversion rate, the well can only physically produce on a sustainable
basis 33 g.p.m. according to the pump test. Therefore, the sustained combined pumping rate at
the two points of diversion (the original Simon Well and the PVO/SSE Well No. 1) can only be 33
g.p.m. The second well cannot be used to bring the sustained combined diversion rate up to the
decreed 50 g.p.m. An application for finding of reasonable diligence for the PVO/SSE Second
Enlargement of the Simon Well and the PVO/SSE Well No. 1 must be filed with the Water Court
on or before August 31, 2009.
The Water Court also approved a plan for augmentation to replace out-of-priority
depletions from the PVO/SSE Second Enlargement of the Simon. The plan for augmentation
requires the dry-up of 0.44 acres associated with 0.5 FICo shares (.01 c.f.s. of the Grass Valley
Canal and 0.55 acre feet of the Grass Valley Reservoir). As with the plan for augmentation for
the PVO/SSE Simon Well First Enlargement, the water associated with the FICo shares will
continue to be diverted through the Applicant’s irrigation system and released to Cozza Gulch
to address any calls on Cozza Gulch. To address calls on the Colorado River mainstem, the
Applicant increased the existing West Divide Water Conservancy District by 2.34 acre feet for a
total contract amount of 4.34 acre feet according to Janet Maddock, manager of the West Divide
Water Conservancy District.
B ALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Mr. Terry A. Kirk May 30, 2007
Page 7
Irrigation Water Supply
Pursuant to a Stipulation with the Objectors in Case No. 00CW36, the PVO/SSE
Homeowners’ Association agreed to continue to irrigate as much of the remaining historically
irrigated lands as possible each and every year in recognition that much of the water available to
local wells is dependent upon localized irrigation. The PVO/SSE Homeowners’ Association
lands have historically been irrigated with 80 shares of FICo and 175 acre feet of Silt Project
water. The FICo shares are owned by the PVO/SSE Homeowners’ Association and the only
information we have received regarding how the water is allocated and distributed is a Table
entitled “PVO/SSE Water Rights Associated with Each Lot” attached hereto as Exhibit J. Based
on this Table, it appears that in a good water year Lot 4 is associated with 24.4 acre feet of FICo
water.
There are a total of 4,126 FICo shares associated with the 100 c.f.s. Grass Valley Canal
water right which was decreed in Civil Action 279 in the District Court for Garfield County with
an appropriation date of July 20, 1887 and an adjudication date of April 30, 1892 for irrigation
uses. Therefore, the 80 shares equates to 1.94 c.f.s. ownership of the 100 c.f.s. Grass Valley Canal
water right.
Each year the FICo Board determines the number of “share days” that will be available to
each shareholder based on the water available that year. According to our interview with John
Currier and his report entitled “Water Rights Plan for Augmentation PVO/SSE Homeowners’
Association” dated March 14, 2000, there are normally 100 share days available per share in
normal years. In dry years there may be only 80 share days available. A share day equals 0.01
c.f.s. delivered for 24 hours. Fifty share days equals one acre foot of water.
The Silt Project is a Bureau of Reclamation project which stores water from Rifle Creek
and pumps water from the Colorado River to supply irrigation water for approximately 7,000
acres of irrigated land between Silt and Rifle. Project water is stored in Rifle Gap Reservoir, and
is released directly into the Davie Ditch or by exchange to various ditches diverting from Rifle
Creek such as the Grass Valley Canal. Beneficiaries of Silt Project water are subject to an ad
valorem tax or special assessment paid with the Garfield County property tax.
Based on the terms of the authorization for the Silt Project, project water is allocated by
the Bureau of Reclamation to particular properties. Lot 4 is associated with 33.0 acre feet of
water from the Silt Project as evidenced by the Quit Claim Deed recorded as Reception No.
553203 at Book 1153 at Page 743 in the Records of the Garfield County Clerk and Recorder and
attached hereto as Exhibit K. This amount should be sufficient to irrigate the historically
irrigated area on Lot 4. John Currier indicated that approximately 12 acres of alfalfa were
irrigated on the property and the rest is dry-land pasture. This is consistent with the
B ALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Mr. Terry A. Kirk May 30, 2007
Page 8
information in the Garfield County Project Information and Staff Comments for the North 27
Subdivision issued in 2000.
We have relied extensively on the representation of the Silt Water Conservancy District
for estimates regarding the availability of irrigation water on Lot 4 and the physical water
requirements for irrigation uses. We are not engineers licensed in the State of Colorado and
have no independent engineering experience with which to evaluate the accuracy, soundness or
reliability of any of the contents of these statements recited herein. We have not visited the
property. Further, we not engaged in a review of title to the water rights, nor engaged in an
environmental, wetlands or water quality audit for the property and offer no opinion as to these
matters.
Our opinion in this matter is limited to our review of the information contained within
the documents discussed. It is possible that information exists which we have not reviewed that
might alter our opinions. In addition, our review of the documents was for the limited purpose
of determining the legal status of the subject water rights. Specifically excluded from our
opinion, and outside the scope of our research are claims of adverse possession related to the
water rights, title matters relating to the land underlying the subject water rights, opinions
regarding rights of way and easements for the water rights, adequacy of the physical water
supply for the intended purpose, ditch company assessments, diversion records, matters that
may be disclosed by an accurate survey of the real property, statutory liens, easements, or claims
not shown by the public record.
Conclusions and Recommendations
We have concluded that the legal water supply for Lot 4 was properly adjudicated and
can supply sufficient water to supply domestic water for 10 residential units (5 primary
residences and 5 accessory dwelling units), irrigation of 500 square feet per lot (for 5 lots), and
fire protection so long as the property to be dried-up according to the Decree in Case No.
00CW36 is dried up and the contract with West Divide Water Conservancy District is
maintained. We also have concluded that the irrigation water associated with the property
which includes a proportionate amount of FICo water and 33 acre feet of Silt Project water is
sufficient to continue to irrigate the 12 acres historically irrigated.
We recommend that the Sellers have the PVO/SSE Homeowners’ Association submit a
change of ownership and address form to the State Engineer for Well Permit No. 049153-F to
reflect the current ownership of the Simon Well and obtain a new well permit for the Simon
Well First and Second Enlargements to reflect the uses decreed by the Division 5 Water Court in
Case No. 00CW36. We also recommend that Seller transfer all rights and interest to the FICo
water rights, the Simon Well, and the PVO/SSE Well No. 1 including the rights decreed in Case
B ALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Mr. Terry A. Kirk May 30, 2007
Page 9
No. 00CW36 to you at closing. We also recommend that the Seller assign the Silt Water shares
and convey by deed the 33 acre feet associated with the Silt Project shares to you at closing.
We appreciate the opportunity to work with you on this matter. If you have any
questions, please do not hesitate to call.
Very truly yours,
BALCOMB & GREEN, P.C.
By: Sara M. Dunn
Sara M. Dunn
SMD/bjz
Encl.
Ex. A – Resolution 99-044
Ex. B – Final Plat
Ex. C – Covenants
Ex. D – Well Permit No. 049153-F
Ex. E – Decree, Case No. W-1452
Ex. F – Budget, Articles and Bylaws
Ex. G – Decree, Case No. 00CW36, Part 1 of 2
Ex. H – Figure 1, Location Map
Ex. I – Decree, Case No. 00CW36, Part 2 of 2
Ex. J – Table, Associated Water Rights
Ex. K – Quit Claim Deed
Deadlines:
Application for Diligence, PVO/SSE Simon Well Enlargement due on or before May
31, 2008 (to prevent the cancellation of the 4.06 acre feet conditional portion).
Application for Diligence, PVO/SSE Second Enlargement of the Simon Well and the
PVO/SSE Well No. 1 due to the Water Court on or before August 31, 2009
DISTRICT COURT,WATER DIVISION NO.5,
STATE OF COLORADO
109 Eighth Street, Suite 104
Glenwood.Springs,CO 81601 DATE FILED
970) 928-3065 November 11, 2024
CONCERNING THE APPLICATION FOR CASE NUMBER: 2023CW3157
WATER RIGHTS OF:
PVO/SSE HOMEOWNERS' ASSOCIATION,
in GARFIELD COUNTY,COLORADO
A COURT USE ONLY A
Case No. 23CW3157
16CW3023; Consolidated Case
Nos.
09CW98 and 08CW41;
00CW036—Parts 1 and 2)
FINDINGS OF FACT, CONCLUSIONS OF LAW,RULING OF THE REFEREE,
JUDGMENT AND DECREE OF THE WATER COURT
The above-entitled Application was filed on November 14, 2023 ("Application"). The
Application was referred to the Water Referee for Water Division No. 5, State of Colorado, by the
Water Judge of said Court in accordance with Article 92, Chapter 37, C.R.S., known as the Water
Rights Determination and.Administration Act of 1969, as amended.
The undersigned Referee, having made such investigations as are necessary to determine
whether or not the statements in the Application are true, and having become fully advised with
respect to the subject matter in the Application, does hereby make the following Findings of Fact,
Conclusions of Law,Judgment and Decree in this matter:
FINDINGS OF FACT
l.Name and address of Applicant:
PVO/SSE Homeowners Association
c/o David Hillbrand, President
P.O.Box 1061
Silt, CO 81652
3034462.1
District Court,Water Division No.5,Colorado
Case No.23CW3157;Application ofPVO/SSE Homeowners Association
Findings of Fact. Conclusions ofLaiv,Ruling of the Referee,Judgment and Decree
Page 2 of 6
With a copy to:
Mary Elizabeth Geiger
Garfield &Hecht,P.C.
910 Grand Ave., Suite 201
Glenwood Springs, CO 81601
2.Timely and adequate notice of filing of this Application was given as required by law. The
statements in the Application are true except to the extent they have been modified herein.
3.No Statements of Opposition were filed in this case. The time for Statements of Opposition
has expired. The Division Engineer issues a Summary of Consultation in this matter on
March 11, 2024. Applicant filed its Response on June 20, 2024. The Court has given due
consideration to these documents.
4.Applicant requests findings of reasonable diligence with regard to the water rights
decreed to the PVO/SSE Second Enlargement of Simon Well.
A. Information from prior decrees: Case No. 00CW36, Part 2 of 2, entered by the
District Court, Water Division No. 5 on July 22, 2008; Subsequent diligence
decree: Case No. 09CW98, 16CW3023, District Court in and for Water Division
No. 5.
B. Source: Groundwater tributary to Cozza Gulch,tributary to the Colorado River.
C. Legal description of the Simon Well: The well is located in the NE1/4 NE'/4 NE1/4
of Section 36, Township 5 South, Range 92 West of the 6th P.M. at a point 397
feet West and 147.5 feet south of the Northeast Corner of said Section 36.
i. Alternate Point of Diversion PVO/SSE Well No.l (as decreed in
Case No. 00CW36 Decree 2 of 2)Legal Description.: located in the
NE'/4 NE'/4 NE'/4 of Section 36, Township 5 South, Range 92 West
of the 6th P.M. at a point 397 feet West and 425 feet south of the
Northeast Corner of said Section 36.
a. Source: Groundwater tributary to Cozza Gulch,
tributary to the Colorado River.
D. Date of appropriation: February 9, 2000
E. Amount: 0.11 c.f.s., 3.8 acre feet annually, conditional,
3034462.1
District Court,Water Division No.5,Colorado
Case No.23CW3157;Application ofPVO/SSE Homeowners Association
Findings of Fact. Conclusions ofLaw,Ruling of the Re_feree.Judgment and Decree
Page 3 of 6
F.Uses: Domestic in 9 residential units (4 primary and 5 secondary units),
irrigation, fire protection, and livestock watering. Irrigation for 2,000 square feet
500 square feet for each of 4 residential lots).
G. Legal description of acreage to be irrigated: a total of 4 lots on Lot 4 of the
Simon Subdivision Exemption. The lands are located in the NE'/4 NE'/4 of Section
36, Township 5 South, Range 92 West of the 6th P.M.
H. Remarks: In the Decree entered in Case No. 16CW3023, the Court confirmed
that there is not a separate water right decreed to the PVO/SSE Well No.1, but
rather this structure was decreed as an alternate point of diversion for the water
rights decreed as the PVO/SSE First Enlargement of Simon Well (Decree 1 of 2
in Case No. 00CW36) and the PVO/SSE Second Enlargement of Simon Well
Decree 2 of 2 in Case No. 00CW36). This Court reiterates that PVO/SSE Well
No.1 is merely an alternate point of diversion for PVO/SSE First and Second
Enlargements of Simon Well and as a result does not require additional diligence
findings. In the event the Applicant desires to make the PVO/SSE Second
Enlargement of Simon Well by virtue of diversions from its alternate point of
diversion PVO/SSE Well No.1, it must provide to the Court appropriate evidence
to support such claim. The PVO/SSE Well No. 1 is located on property owned by
Red Dog LLC, 12144 E. Welsh Trail, Scottsdale,AZ 85259.
I.Owner of land upon which well will he located: Kristin Goodwin and William
Howard, 0830 CR 250, Silt, CO 81652.
5.The information provided in the Application and Response to the Summary of
Consultation is sufficient to show that Applicant has demonstrated reasonable diligence
in the development of the water rights decreed to the PVO/SSE Second Enlargement of
Simon Well for all amounts and purposes. C.R.S. § 37-92-301( 4).
6.As stated above,there are no independent water rights associated with the PVO/SSE Well
No 1;therefore,there is no need to find diligence or continue to request such finding for this
structure.
CONCLUSIONS OF LAW
7.To the extent they constitute legal conclusions; the foregoing Findings of Fact are
incorporated herein.
8.The Application was timely and properly filed in accordance with the statutory
requirements. All notices required by law have been properly made, including as
required under C.R.S. § 37-92-302(3).
3034462.1
District Court,Water Division No.5,Colorado
Case No.23CW3157;Application ofPVO/SSE Homeowners Association
Findings of Fact. Conclusions ofLaw,Ruling of the Re_feree.Judgment and Decree
Page 4 of 6
9.The Application is complete, covering all applicable matters required pursuant to the
Water Right Determination and Administration Act of 1969. C.R.S. §§ 37- 92-101-602.
10. The request for a decree granting a finding of reasonable diligence in the development of
the subject conditional water rights as a matter of law permissible and comes within the
definitions authorized by statute.
11. Applicant has fulfilled all legal requirements for entry of a decree granting a finding of
reasonable and continuing the subject water rights in full force and effect.
RULING OF THE REFEREE
12. The Findings of Fact and Conclusions of Law shall be and hereby are made a part of this
Ruling of the Referee.
13. The Court hereby finds that the Simon Well, PVO/SSE Enlargement of Simon Well,
PVO/SSE Second Enlargement of Simon Well and PVO/SSE. Well No. 1 comprise an
integrated water supply system for the PVO/SSE Subdivision, as decreed in Case No.
00CW36 and operated pursuant to the plan for augmentation approved in Case No.
00CW36. Therefore, due diligence on any one component of this integrated water supply
system counts as due diligence on all.
14. The Court hereby finds that reasonable diligence has been exercised toward the continued
development PVO/SSE Simon Well Second. Enlargement water right for all decreed.
amounts and purposes.
15. Pursuant to Rule 9 of the Uniform Local Rules for All State Water Court Divisions, upon
the sale or other transfer of the condition water right decreed herein, the transferee shall
file with the Division 5 Water Court a notice of transfer which shall state:
a. The title and case number of this Case No. 23CW3157;
b. The description of the conditional water rights transferred;
c. The name of the transferor;
d. The name and mailing address of the transferee; and
e. A copy of the recorded deed.
The owner of said conditional water right shall also notify the Clerk of the Division 5
Water Court of any change in mailing address. The Clerk shall place any notice of transfer or
3034462.1
District Court,Water Division No.5,Colorado
Case No.23CW3157;Application ofPYO/SSE Homeowners Association
Findings of Fact. Conclusions ofLaw,Ruling of the Re_free.Judgment and Decree
Page 5 of 6
change of address in the case file of this Case No. 23CW3157 and in the case file in which the
Court first made a finding of reasonable diligence.
A copy of this Ruling shall be filed with the Division Engineer for Water Division No. 5
and with the State Engineer.
It is further ORDERED that this Ruling shall be filed with the Water Clerk, subject to judicial
review.
Dated this 8th Day of October, 2024. BY THE REFEREE
i/fC64(1
Holly K. Strablizky, Water Referee
Water Division No. 5, State of Colorado
3034462.1
District Court,Water Division No.5,Colorado
Case No.23CW3157;Application ofPVO/SSE Homeowners Association
Findings of Fact. Conclusions ofLaiv,Ruling of the Referee,Judgment and Decree
Page 6 of 6
JUDGMENT AND DECREE OF THE WATER COURT
As no protest was filed in this matter and the protest period has passed, the foregoing
Ruling of the Referee is hereby entered as a final Judgment and Decree of this Court,
Should the Applicant desire to maintain the subject conditional water rights, an
application for finding of reasonable diligence shall be filed in the same month of the sixth
calendar year following the entry of this decree, unless a determination has been made prior to
that date that such conditional right has been made absolute by reason of completion of the
appropriations or is otherwise disposed of.
Any request for a future finding of reasonable diligence shall be filed in November 2030.
Done this l l tltlay of Novemill3E.4.
BY THE COURT
AlternateWater Judge, Water Divis.
3034462.1
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Water Rights Location Map
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File:1323-30.1 BBENGINEERING:ING.I i i i 1 i i i I
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volt¢1570)945-6777-Vkil:annr000ur.c,ng4crr 0 500 1,000 2,600Approved:MJE
PEACH VALLEY OR C HARD SU BD 2024 Drinking Wate r Quality Report
Cove ring Data For Cal e ndar Y e ar 2023
=--------~--= .... -~ -=-·-===-_-_---_-~...::::::.--_---____._ __ -_ -
Public Water Syst em ID : CO0 123605
Esta e s informaci ó n importa nte. S i no la pu e den le er, nec e s itan que a lg uien s e la tra du z ca .
We are p leased t o prese nt to you th is year"s water q u ality repon . Our con stant goal is to prov ide you wit h a safe and depe nda.b le
s u pply of drinki ng water . P lease co ntact DAVE H ILLBRA N D at 970-876 -0825 with any questions or fo r p u blic part ic ip ation
op port uni t ies that rnay affect wa ter q ua li ty.
General Information
All drinkin g "·atcr. in c ludi ng bottled "·atcr. may re aso na bl y be
ex pec ted to contain al lea st small amounts or so mc contaminant s.
The pre sence of co nt a minant s do es not ne cessa ril) indicate that th e
"ater pose s a hea lth ri sk. More information about contaminanl s and
potellli a l hea lth effec ts ca n be ob1ained b) ca ll in g. th e En\'ironment al
Prot ec tion Age nC) ·, Safe Drinking Water Hotlin e ( l-800-4 26-4 79 1)
orb) vi sit ing ..:11 ,1.un\ urPunJ -11 atn-and -Jnnkin!.'-11 ~11..:r .
Some peo ple ma) be mo re vulnerablc to contaminants in drinking
\\ a ter than the ge nera! populat ion . lmmun oco mpromi sed perso ns
s uch as pe rso ns wi1h cancer undergo in g chemotherap). person s who
ha \·e undergo ne o rgan transpla nts . peopk with H IV-A ID S or other
immun e system di sorders. so me eider!). and infant s ca n he
panicularl) at ri sk of infec t ion s. These people should seek ad vic e
about drinking water from th e ir health can:: providers. For mo re
inform ation a hout contam ina nts and pote nti ä l hea lth effect s. or to
rece i\'e a cop) or 1h e U.S. En\'ironment al Protecti on Ag.enc) ( EPA)
and th e U.S. Ce mer s for Di sease Co ntrol (COC) guideline s on
Administration re g ulation s estahli sh limit s for contam inant s in
hott led water th at mu st provid e th e samc pro tection for publi c
he a lth .
Le ad in Drinking Water
Lead can ca ust: serio us hea lth prohkm s. es pec ia ll) for pregn a nt
women and young. children. Lead in drink in g. water is primaril y
fro m material s and co mpo nents associated with service line s and
ho me plumbin g . Wr.: are re s po ns ibl e lor prov idin g high qualit)
drinking \•I ater a nd rcmoving lead pipc s. but cannot control th e
Yariet) of material s used in plumbing components in yo ur ho me.
You shar e the rc s ponsihilit ) for prot ect in g yo ur se lfa nd your fami l)
from th e le ad in yo ur home plumbin g. You can take re s pon s ihilit)
b) id entify in g a nd rcm ov in g lead mate rial s w ithin yo ur home
plumbing and taking step s to r.::ducc) OLir family's ri sk. Beforc
drinking tap water. flu sh yo ur pipes lor several m inute s by runnin g
\·o ur tap . takin g a show e r. doin g la undr) or a loa d of dishe s . You
ca n a lso usc: a filt er ce rtifi ed b) an American Nat iona l Standards
ln s1i1ut e acc red it cd ce rtifi er to red uce lea d in drinkin g water. lr )ou
a ppropri ate mcan s to lessen the ri sk o r in reet io n h) Cryp tos por idium are co ncerned about lead in your water and \\·ish to hav e yo ur \I ater
and microbiol og ica l contaminam s ca ll the EPA Safe Drinkin g Water te sted. cont ac t D AVE HILLBRAND at 970 -876 -0825.
Hotline at ( 1-800 -426-479 1 ). Information on lead in dr ink ing water. tc stin g method s. and step s
The so ur c.::s o r drinki ng water (ho1h tap \\'ater and honle d water )
include river s. lakc s. str ea ms. pond s. rese n oirs. spring s. a nd we ll s.
As \1 ·ater tra \ e ls over 1h e s urfa ce of the land or throu gh 1h e gro un d.
it dissolves naturall ) occ urrin g mineral s and. in some ca ses.
rad ioactive material. and can pick up suh sta nc es resulting from th e
presenc c: of anim a ls or from human acti,·it ). Co ntamin ant s that ma)
he pre se nt in so ur ce water includc :
•M ic robi a l co nta min a nts: v iru ses and ba cteri a 1h at ma) com..: from
se\\·age treatm en t plant s. septic S) stern s. agricu ltural li\ estock
o pcrati ons. and" ildlife.
•ln o rgani c co nta min a nts : sa lt s and metal s. which can he natural l)-
occurring or rc sult from urhan s101111 water run off. indu strial or
domest ic \\a ste \\atcr di sc harge s. oil and ga s pro d uction. minin g. or
làrmin g .
·Pes ti c id es and he rbicide s: ma) come fr om n variet) of so urc es.
suc h as ag riculturc . urban sto rm \\ ater run off. and res ide nt ia l use s.
•Ra di oac ti ve co nt a min a nt s: ca n be na turall) occ urrin g or be th e
n:s ult ofoil and ga s production and minin g acti\·itie s.
•Organi c c hemi ca ! conta minants : inc ludin g sy nth etic a nd , olatile
organic chemic a Is. \\ hich a re by product s or indu strial pro cc ss cs and
petroleum produ ct ion . and a lso ma) co mc from ga s stati on s. urh an
sto rm water runotT. and se ptic system s.
In order to en surc that tap \1 ·atc:r is sa k to d r ink . the Co lorad o
Dep a nment of Public Hcalth and Environment pr cscribe s
rcgulati ons limitin g the am o unt o r cenain co ntaminam s in\\ atcr
prov ided by public \\ntcr system s. The Food and Drug
PEAC H VALLEY ORC H A RD SLIBD . PW S ID COO i ~3605
) o u can take to m inim ize exposure is a va ilahl e
at l:p~t. e< n s;.ill·" atL'r k~11. ...
Source Water Assessment and Protection (SWAP)
The Co lora do D<.:partment of Public Health and Environment ma)
have provided us w i1h a Source Wat er Ass essment Re pon for our
water s uppl). 1-or ge nera ! informat ion or to oht a in a cop) o f the
repo rt please vis it II qc,kompl1anc"..:.,·om n:1. The re port is lo ca tcd
und er ··Guidance : So ur ce: Wakr Ass ess ment Rep orts··. S<.:arch the
ta b le us in g o ur sys te m name or ID. or h) contac1ing DAVE
H I LLBRAND at 9 70-876 -0825 . The: Source \~.:ater Ass cs sm<.:nt
Report prov id es a screening-le\'el eva lua1ion or potential
co ntamin ati on that could occur. lt does not me an 1hat th e
contamination has or wil/ occur. Wc can LJSC 1hi s informat ion to
evaluate the need to improve our cum.:nt water treatment capabilities
and pr.::par.:: for fut ure co ntamin at ion thn.:at s. Thi s ca n he lp us e ns ur e
th al quality fini shcd \1 a1e r is deliv ercd to) our home s . In additi on.
1h c so urc e water asse ssment res ul1 s pro, ide a s1artin g poim lor
de\ e lopin g a sour ce \\ ater prot ec ti o n plan . Pote mi a l so u ree s of"
contamination in our so urce \l ater area are listt:d on 1he next page.
Pkase contact us to learn mo re about what ) ou can do to he lp
proleet) our drinking \l ater sourcc s. a n) q uestion s about the
Drinking Wat er Qualit) Re pon. to le a rn mo re about our S) stem . o r
to attend schedu lcd pub lic meetin gs . Wc wa nt) ou. o ur va lucd
cu stomer s. to h..: informed a bout the se n ·ice s \1 e prm ·id e and the
qu a lity water \1·e dcliver to you cvcry da)
2024 CC R Pag e I of 4
Our Water Sources
Sources (Water Tï~e -Source Tï~e} Potential Source{s) of Contamination
• As o l'Jun e 2024. th ere was nota So ur ce Water Ass ess ment
Report pos ted for our wat er suppl ). Pl casc co nt ac t
DAVE HILLBR AN D at 970 -87 6-0825 with qu es ti ons
WELL 1 -SIM ON WELL (Gro un dwatcr -W el l) rega rd in g potcnti a l so ur cc s o f co nt amin ation .
• Potcnti a l sour ces of co ntamin ation in our so urce water area
typ ic all ) comc fr om: di sso lved nalllrall y occu rrin g mincr als.
se pti c sys t.:m s. ag.ri cultur al run o lT. carclcss appl ication . storagc.
and dispo sa l o f housd1 old chem ica ls and petroleum produ cts.
Terms and Abbreviations
• Maximum Contaminant Level (MCL) -The hi g hes t leve l ofa co ntaminant a ll owe d in drinkin g water.
• Treatment Technique (TT) -A required proc ess int end e d to redu ce th e lev e l of a contaminant in drinking water.
• Health-Based -A violati o n of e ith er a MCL or TT.
• Non-Health-Based -A v io lat io n th at is nota MCL or TT.
• Action Level (AL) -T he co nce nt rat ion of a co nt am inant wh ic h. if exc ee ded . tri ggers tr ea tm e nt and other regu lat ory
requirement s.
• Maximum Residual Di s infectant Level (M RDL) -T he hi ghest level of a disinfectant all owed in drinking wa ter. There
is co nvin c in g ev id ence th at addi ti on of a di s infec tant is necessary for co nt ro l o f microbial co nt aminants.
• Maximum Contaminant Level Goal (MCLG) -T he level of a co nt aminant in drinkin g water below whi ch th ere is no
kn ow n or ex pec ted ri sk to hea lth . MCLGs all ow fo r a marg in of safety.
• Maximum Residual Disinfectant Level Goal (M RDLG) -T he level of a drinkin g water disinfectant , be low wh,ch th ere
is no kn own or expected ri sk to hea lth . MRDL Gs do not re fi ec t th e benefits of th e use of di s infec tant s to co nt ro l mi cro bi a l
co ntaminant s.
• Yiolation (No Abbreviation) -Fa ilure to meet a Co lo rad o Primary Drinking Water Re g ulati o n.
• Forma l Enforcement Action (No Abbreviation) -Esca lat ed actio n taken by th e State (du e to the ri sk to publi c hea lth . o r
numbe r or seve rity ofv io lati o ns) to bring a non-co mpli a nt water sys te m back int o compliance.
• Variance a nd Exemption s (V/E) -Department permi ss ion not to mee t a MCL o r tr eatm ent tec hniqu e under certa in
conditions .
• Gross Alpha (No Abbreviation) -G ross al ph a part ic le activity co mpli ance va lu e. lt in c lud es radium-22 6. but excl ud es
rad o n 222 . and uranium .
• Picocuries per liter (pCi/L) -Measure of th e radi oacti v ity in water.
• Nephelometric Turbidity Unit (NTLI) -Meas ur e of the c larity or clo udin ess of water. T ur bid ity in excess of 5 NT U is
j ust noticeable to th e typ ica l person.
• Compliance Value (No Abbreviation ) -Single or ca lc ulated va lu e use d to determin e if reg ul atory co ntamin ant level
( e.g . MCL) is met. Examp les o f ca lc ulated va lu es a re th e 90 th Perce ntil e. Running A nnual A verage ( RAA) a nd Locatio nal
Runnin g Annu a l Averag e ( LRAA ).
• Average (x-bar) -Typica l va lu e.
• Range (R) -Lowest va lu e to th e high es t va lu e.
• Sample S ize (n) -N umb er o r co unt ofva lu es (i.e. numb er o f water sa mpl es co ll ecte d ).
• Parts per million = Milligrams per liter (ppm = m g /L) -O ne part per mi Il io n co rr es pond s to one minute in tw o years o r
a s ingl e pe nny in $10 .000 .
• Parts per b illi on = Micrograms per liter (ppb = ug /L) -One part per billi o n co rr es pond s to one minut e in 2 .000 yea rs.
o r a s in g le pe nn y in $10.000.000 .
• Not App li cable (N /A)-Does not a ppl y o r not ava il ab le.
• Level 1 Assessment -A sllld y o f th e water sys tem to id e nti fy pote nti a l problem s and dete rmin e ( if poss ibl e) wh y total
co li fo rm bac teri a hav e been fo und in o ur wa ter sys tem .
• Level 2 Assessment -A vel") detai led st ud y o f th e water sys te m to id e nti fy potenti a l prob le ms and determin e (if poss ibl e)
why an E. co li MCL vio lat io n has occ urred a nd /o r wh y tota l co li form ba cte ri a have bee n found in o ur water sys tem o n
mu ltipl e occas ion s.
PEAC I I VALLEY ORC I I ARD SLIBD. PW S ID . CO0 12 360 ~ 2024 CC R Pag e'. 2 or 4
====----= -~-----:--~ ---=---=---=--.=.. ---~ -=-------
Detected Contaminants
PEAC H VALLEY O RC HA RD SU BD ro utin e ly mo nit ors fo r co nt amin ant s in yo ur drinkin g wa ter acco rdin g to Fe deral and State
laws. T he fo ll ow in g ta bl e(s) show a ll detect ions fo und in th e peri od o f Janu a ry I to Dece m be r 3 1. 2023 unl ess oth erwise noted . T he
State of Co lorad o requires us to mo nit or fo r ce rt a in co ntaminant s less th an once per yea r bec au se th e co nce ntrati ons of th ese
co nt amin ant s ar e no t exp ec ted to va ry s ig nifi ca ntl y fr om yea r to yea r. or th e sys tem is not co ns id ered v uln erabl e to thi s typ e of
co nt amin ati o n . Th erefo re. so me of o ur data. th o ugh represe nt ati ve. may be more than one-yea r-o ld . V io lati ons and Fo rm a )
Enfo rce me nt Ac ti ons. ifa ny . are re po rt ed in th e nex t sec ti on of thi s re port .
Note: O nl y detected co nta min a nt s sa mpl ed w ithin th e las t 5 yea rs a ppea r in thi s re po rt . lf no ta bl es ap pea r in thi s sec ti on. th en no
co nt amin a nt s we re detec ted in th e las t ro und of monit o rin g .
Disinfectants Sampled in the Distribution ystem
TT Requirement : At leas t 95% of sampl es per peri od (month or quarter) mu st be at leas t 0.2 ppm OR
lf sampl e size is less th an 40 no mor e th an 1 sampl e is be low 0.2 ppm
Typical Sources: Water additi ve use d to co ntr ol mi crob es
Disinfectant Time Period Results Number of Samples Sample TT MRDL
Name Below Level Size Violation
Ch lor ine Dece mb er. 2023 Lo 11 est pe ri od percentage of sa mple s 0 1 No 4 .0 ppm
meeting TT requirc mcnt : 100° o
Lead and Copper Sampled in the Distribution System
Contaminant Time 90'h Sample Unit of 90'h Sample 90 1h Typical Sources
Name Period Percentile Size Mea s ure Percentile Sites Percentile
AL Above AL
AL Exceedance
Co ppe r 09 /1 1/202 1 0.19 5 ppm 1.3 0 No Corrosion of
to house hold plu mb ing
09/13 /202 1 sys tems: Ero sion of
natu ra ! dcpo sits
Lead 09 /11 /202 1 2 5 pph 15 0 No Co rr os ion of
to hou se ho ld plumbin g
09 /13 /202 1 sys tems: Erosion of
natura! dcposit s
Disinfection Byproducts Sampled in the Distribution System
Name Year Average Range Sample Unit of MCL MCLG MCL Typical Sources
Low-High Size Mea s ure Violation
To tal 2023 6 .6 6.6 to 6.6 1 pph 60 N/A No Byproduc t of drin kin g
1-l a loac.:tic wa ter disin fr:c ti on
Acids
(II AA5)
Total 2023 13.5 13.5 to 13.5 1 ppb 80 N/A No By prod uct of drinkin g
Tri halome wa ter disin li:ctio n
th anes
(TT II M)
PEAC H V A LLEY O RC H A RD SLIBD . PWS I D : CO0 123605 2024 CC R Pag .: 3 of 4
Granted
The moving party is hereby ORDERED
to provide a copy of this Order to any pro
se parties who have entered an
appearance in this action within 10 days
from the date of this order. ___________________________
James B. Boyd
District Court Judge
Date of Order attached EFILED Document
CO Garfield County District Court 9th JD
Filing Date: Feb 24 2010 12:09PM MST
Filing ID: 29731903
Review Clerk: Kathy Hall
Any request for a further finding of reasonable diligence shall be filed in February 2016.
/s/ Judge James B Boyd
Court: CO Garfield County District Court 9th JD
Judge: ANGELA LAIN STRAWN
Current Date: Feb 24, 2010
Case Number: 2009CW98
Court Authorizer
Comments:
Page1 of1
COURT,DISTRICT COUNTY, COLORADOGARFIELD (GLENWOOD SPRINGS)
Court Address:
109 8th Street, Ste. 104, Glenwood Springs, CO, 81601
In the Interest of:PVO SSE HOMEOWNERS ASSOCIATION
COURT USE ONLY
Case Number: 2016CW3023
Division: E Courtroom:
Decree: Decree of the Water Court
The motion/proposed order attached hereto: GRANTED.
Any request for a future finding of reasonable diligence shall be filed in November 2023.
Issue Date: 11/12/2017
JAMES BERKLEY BOYD
District Court Judge
DATE FILED: November 12, 2017
CASE NUMBER: 2016CW3023
DISTRICT COURT, WATER DIVISION NO. 5,
STATE OF COLORADO
109 Eighth Street, Suite 104
Glenwood Springs, CO 81601
(970) 928-3065
CONCERNING THE APPLICATION FOR WATER
RIGHTS OF:
PVO/SSE HOMEOWNERS’ ASSOCIATION,
in GARFIELD COUNTY, COLORADO
S COURT USE ONLY S
Case No. 16CW3023
(Consolidated Case Nos.
09CW98 and 08CW41;
(00CW036 – Parts 1 and 2)
FINDINGS OF FACT, CONCLUSIONS OF LAW, RULING OF THE REFEREE,
JUDGMENT AND DECREE
The Applicant, PVO/SSE Homeowners’ Association (“Association” or the “Applicant”)
filed this Application on March 10, 2016 (“Application”) and the Water Judge referred it to the
Water Referee for Water Division 5, State of Colorado, in accordance with C.R.S. § 37-92-101,
et seq., known as the Water Right Determination and Administration Act of 1969.
The undersigned Referee having made such investigations as are necessary to determine
whether or not the statements in the application are true, and having been fully advised of the
subject matter of the application, does hereby make the following determination and Ruling as
the Referee in this matter:
FINDINGS OF FACT
1. The statements in the Application are true, except as may be otherwise modified herein.
2. Name and address of Applicant:
PVO/SSE Homeowners Association
c/o David Hillbrand, President
P.O. Box 1061
Silt, CO 81652
With a copy to:
At
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District Court, Water Division 5
Application of PVO/SSE Homeowners Association; Case No. 16CW3023
Findings of Fact, Conclusions of Law, Ruling of the Referee, Judgment and
Decree
Page 2 of 6
Mary Elizabeth Geiger
Garfield & Hecht, P.C.
420 Seventh Street, Suite 100
Glenwood Springs, CO 81601
(970) 947-1936
3. Notice. Timely and adequate notice of the pendency of these proceedings has been given
in the manner required by C.R.S. § 37-92-302, including landowner notification to the
Red Dog, LLC pursuant to C.R.S. § 37-92-302(2)(b)(II).
4. Opposer. Red Dog, LLC filed a timely statement of opposition in this case. By Motion
and Order of the Court, Red Dog, LLC withdrew its opposition on September 5, 2017.
5. Report of the Division Engineer. This Court has given due consideration to the Division
Engineer’s Summary of Consultation dated June 22, 2016, and the response thereto, filed
with the Court on July 21, 2016.
6. The Application requested findings of reasonable diligence with regard to the PVO/SSE
Well No.1. In paragraph 23 of the decree entered in Decree 2 of 2 in Case No. 00CW36, this
structure was decreed as an alternate point of diversion for the water rights decreed as the
PVO/SSE First Enlargement of Simon Well (Decree 1 of 2 in Case No. 00CW36) and the
PVO/SSE Second Enlargement of Simon Well (Decree 2 of 2 in Case No. 00CW36, and
described herein below). Therefore, there is not a separate water right decreed to this structure;
however, to the extent it is an alternate point of diversion for decreed water rights, such is
continued in full force and effect.
A. Prior decrees: Case No. 00CW36, Part 1 of 2, entered May 21, 2002, District
Court in and for Water Division No. 5; Subsequent decrees: Case Nos. 08CW41
and 09CW98, District Court in and for Water Division No. 5.
B. Source: Groundwater tributary to Cozza Gulch, tributary to the Colorado River.
C. Legal description: located in the NE¼ NE¼ NE¼ of Section 36, Township 5
South, Range 92 West of the 6th P.M. at a point 397 feet West and 425 feet south
of the Northeast Corner of said Section 36.
D. Date of appropriation: February 9, 2000
E. Amount: 0.11 c.f.s., 12 acre feet annually (this is an alternate point of diversion
for the PVO/SSE Enlargement of the Simon Well, decreed in Case No. 00CW36,
which is located in the NE¼ NE¼ NE¼ of Section 36, Township 5 South, Range
At
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District Court, Water Division 5
Application of PVO/SSE Homeowners Association; Case No. 16CW3023
Findings of Fact, Conclusions of Law, Ruling of the Referee, Judgment and
Decree
Page 3 of 6
92 West of the 6th P.M. at a point 397 feet West and 147.5 feet south of the
Northeast Corner of said Section 36, which well is the subject of Well Permit No.
68614-F and PVO/SSE Second Enlargement of Simon Well which is described
herein below).
F. Decreed uses: domestic (27 residential units), irrigation, fire protection and
livestock watering.
G. Total number of acres to be irrigated: 11,000 square feet (500 square feet for
each of 22 residential lots). Legal description of acreage to be irrigated: a total
of 14 lots in the Peach Valley Orchard Subdivision, 3 lots in the Simon
Subdivision Exemption and 5 lots in the North 27 Subdivision. The lands are
located in the NE ¼ and the NE ¼ NW ¼ of Section 36, Township 5 South,
Range 92 West of the 6th P.M.
H. Owner of land upon which well will be located: Red Dog LLC, 1011 Main Street,
Carbondale, CO 81623.
7. Applicant requested findings of reasonable diligence with regard to the water rights
decreed to the PVO/SSE Second Enlargement of Simon Well.
A. Information from prior decrees: Case No. 00CW36, Part 2 of 2, entered by the
District Court, Water Division No. 5 on July 22, 2008; Subsequent diligence
decree: Case No. 09CW98, District Court in and for Water Division No. 5.
B. Source: Groundwater tributary to Cozza Gulch, tributary to the Colorado River.
C. Legal description:
The well is located in the NE¼ NE¼ NE¼ of Section 36, Township 5 South,
Range 92 West of the 6th P.M. at a point 397 feet West and 147.5 feet south of
the Northeast Corner of said Section 36.
D. Date of appropriation: February 9, 2000
E. Amount: 0.11 c.f.s., 3.8 acre feet annually, conditional,
F. Uses: Domestic in 9 residential units (4 primary and 5 secondary units),
irrigation, fire protection, and livestock watering. Irrigation for 2,000 square feet
(500 square feet for each of 4 residential lots).
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District Court, Water Division 5
Application of PVO/SSE Homeowners Association; Case No. 16CW3023
Findings of Fact, Conclusions of Law, Ruling of the Referee, Judgment and
Decree
Page 4 of 6
G. Legal description of acreage to be irrigated: a total of 4 lots on Lot 4 of the
Simon Subdivision Exemption. The lands are located in the NE¼ NE¼ of Section
36, Township 5 South, Range 92 West of the 6th P.M.
H. Remarks: The PVO/SSE Well No. 1, described herein above, is an alternate point
of diversion for this water right.
I. Owner of land upon which well will be located: Jon P. and Ladonna J. Smith,
0830 CR 250 aka 830 Bendetti Road, Silt, CO 81652.
8. The Court finds that the information provided in the Application demonstrates that
Applicant has been reasonably diligent in the development of the subject conditional water
rights decreed to the PVO/SSE Second Enlargement of Simon Well, including any and all
alternate points of diversion decreed thereto, including but not limited to the PVO/SSE Well
No. 1, and that such water rights should be continued in full force and effect. C.R.S. § 37-
92-301(4).
CONCLUSIONS OF LAW
9. To the extent they constitute legal conclusions; the foregoing Findings of Fact are
incorporated herein.
10. All notices required by law have been properly made, including as required under C.R.S.
§ 37-92-302(3). The Court has jurisdiction over the Application and over all entities or
persons who had standing to appear, even though they did not do so.
11. The Application is complete, covering all applicable matters required pursuant to the
Water Right Determination and Administration Act of 1969. C.R.S. §§ 37-92-101–602.
12. Applicant has fulfilled all legal requirements for a decree continuing the subject
conditional water rights.
RULING OF THE REFEREE
13. The Findings of Fact and Conclusions of Law as set forth above are incorporated herein
by reference and are hereby modified as necessary to constitute part of the Ruling and
Final Judgment and Decree.
14. The application of the Association for finding of reasonable diligence with respect to the
PVO/SSE Second Enlargement of Simon Well, including all alternate points of diversion,
including but not limited the alternate point of diversion described as the PVO/SSE Well
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District Court, Water Division 5
Application of PVO/SSE Homeowners Association; Case No. 16CW3023
Findings of Fact, Conclusions of Law, Ruling of the Referee, Judgment and
Decree
Page 5 of 6
No. 1, is granted and those conditional water rights are continued in full force and effect
in the amount of 0.11 c.f.s. (3.8 acre-feet annually) for the uses described herein.
15. Should the Applicant desire to maintain the conditional water rights continued herein, an
Application for Finding of Reasonable Diligence shall be filed in the same month six
years from the date of the water judge’s order, unless a determination has been made
prior to that date that such conditional rights have been made absolute by reason of the
completion of the appropriation or are otherwise so disposed.
16. Pursuant to Rule 9 of the Uniform Local Rules for All State Water Court Divisions, upon
the sale or other transfer of the conditional water rights decreed herein, the transferee
shall file with the Division 5 Water Court a notice of transfer which shall state:
A. The title and case number of this Case No. 16CW3023;
B. The description of the conditional water right transferred;
C. The name of the transferor;
D. The name and mailing address of the transferee; and
E. A copy of the recorded deed.
The owner of said conditional water rights shall also notify the Clerk of the Division 5 Water
Court of any change in mailing address. The Clerk shall place any notice of transfer or change
of address in the case file of this Case No. 16CW3023 and in the case file (if any) in which the
Court first made a finding of reasonable diligence.
A copy of the Ruling shall be filed with the Division Engineer for Water Division No. 5
and with the State Engineer.
It is further ORDERED that this Ruling shall be filed with the Water Clerk, subject to
judicial review.
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District Court, Water Division 5
Application of PVO/SSE Homeowners Association; Case No. 16CW3023
Findings of Fact, Conclusions of Law, Ruling of the Referee, Judgment and
Decree
Page 6 of 6
Dated: September 19, 2017.
BY THE REFEREE
Susan M. Ryan, Water Referee
Division 5, Water Court
DECREE OF THE WATER COURT
No protest was filed in this matter. The foregoing Ruling is confirmed and approved, and
is hereby made a Decree of this Court.
Dated:______________________.
______________________________
Water Judge
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Attachment to Order - 2016CW3023
EXHIBIT E
Outline of CCR’s
1
DECLARATION FOR DEVELOPMENT OF LOT 4 OF THE SIMON SUBDIVISION
Article I. Declaration. This article will declare the property subject to covenants, conditions,
restrictions, assessments, charges, servitudes, liens, reservations, exceptions, easements,
privileges, rights and other provisions set forth in the declaration. The approach to this
development will be, through this declaration, to establish a “Sub Association” that is responsible
for managing and maintaining the affairs of the owners of the subdivide lots and in harmony with
the declaration for Peach Valley Orchard and Simon Subdivision Exemption (Reception No.
546583).
Article II. Definitions. This article will define words and phrases for general use within the
declaration.
Article III. General Restrictions Applicable to Community. This article will establish and
impose a general plan for the improvement, development, use and occupancy of the development,
all in order to enhance the value, desirability, and attractiveness of the development. This article
will therefore declare that the development will be owned, held, used, occupied, improved, altered,
maintained, conveyed, leased, encumbered, and enjoyed subject to the following covenants,
conditions, restrictions, reservations, easements, and rights.
Section 3.01 Design Control. No improvements shall be made, done, permitted,
located, altered, or removed within the development without the prior written approval of
the Design Review Committee. All construction and landscaping activities within the
development shall be strictly governed by the Design Guidelines.
Section 3.02 Violation of Law, Insurance, Etc. No Owner, Occupant, or Person shall
do any act or cause or permit anything to be done or kept in or upon a Lot, Unit, or
Common Area which would result in the increase, of cancellation of, insurance,
maintained by the Master Association or the Sub Association or would be in violation of
any federal, state, or town or other law, ordinance, regulation or code of any
governmental body.
Section 3.03 General Maintenance of the Community. All property within the
development shall be kept and maintained in a clean and attractive condition and in good
order, condition, and repair.
Section 3.04 New Construction Required; No Temporary Building or Occupancy. All
improvements constructed shall be new. No used or temporary house, structure, or non-
permanent out-building shall be placed, erected, or allowed to remain, except temporary
structures used for construction purposes during construction.
Section 3.05 Noxious or Offensive Activities; Nuisances, Construction Activities,
Pesticides. No noxious or offensive activity shall occur or be allowed at any time within
the community, nor shall anything be done or placed therein, which is or may become a
nuisance or cause an unreasonable embarrassment, disturbance, or annoyance to Owners.
Section 3.06 No Hazardous or Unsafe Activities. No activity shall be conduct on, and
no improvement shall be constructed which is or might be unsafe or hazardous to any
person or property.
2
Section 3.07 No Firearms or Hunting. The discharge of firearms on any part of the
community is prohibited, as is hunting.
Section 3.08 No Obstruction. There shall be no obstruction of any easements or
drainage, irrigation, water feature, public parks, of any interference with the free use
thereof.
Section 3.09 Animals. Each Lot or Unit will be limited to a maximum number of pets,
but otherwise animals are prohibited from the community.
Section 3.10 No Mining or Drilling. No mining or drilling is permitted within the
community.
Section 3.11 Easements; Utility Companies; Underground Utility Lines. No Lot or
Unit Owner may erect any structure in or otherwise interfere with any of the easements
shown on the Plat.
Section 3.12 Landscaping. No landscaping shall be performed on any Lot or Unit
unless a landscaping plan has received the prior written approval of the Design Review
Committee.
Section 3.13 Camping. No camping shall be permitted within the property.
Section 3.14 No Individual Water Wells or Individual Sewage Disposal Systems. No
individual water wells, and no cesspools, septic tanks or other individual sewage disposal
systems shall be constructed, except those as may be installed by the Declarant.
Section 3.15 Right of Entry. During reasonable hours and upon reasonable notice to an
Owner, any member of the Design Review Committee or Executive Board may inspect a
Lot or Unit.
Section 3.16 Restrictions on Resubdivision, Property Restrictions, and Rezoning. No
Lot or Unit may be further subdivided, rezoned, or further encumbered, except as
expressly provided in the Declaration.
Section 3.17 Implementation and Variances. The Executive Board may grant
variances from the foregoing restrictions in certain defined circumstances.
Article IV. Design Review Committee. This article will establish a Design Review
Committee, the procedures followed by the Design Review Committee, and the Design Guidelines
consistent with the application to govern design within the development.
Article V. Easements. This article will reserve certain easements for the community.
Section 5.01 Easements for Incidental Encroachments.
Section 5.02 Blanket Sub Association Utility and Drainage Easement over Common
Areas
Section 5.03 Ditch Easements.
Section 5.04 Utility, Drainage, and/or Irrigation Easements.
Section 5.05 Blanket Emergency Services Easement
Section 5.06 Recorded Easements and Licenses.
3
Article VI. Sub Association. This article will establish the Sub Association and procedures to
be followed in administering the same.
Section 6.01 Sub Association
Section 6.02 Sub Association Executive Board
Section 6.03 Membership in Sub Association.
Section 6.04 Voting Rights of Members. Each Lot or Unit will have one vote in the
Master Association.
Section 6.05 Period of Declarant Control of Sub Association
Section 6.06 Sub Association’s Relationship to Master Association
Section 6.07 General Powers and Duties of Sub Association.
Section 6.08 Power to Grant Easements.
Section 6.09 Power to Convey or Encumber Common Areas.
Section 6.10 General Power to Provide Services and Facilities to Owners.
Section 6.11 Power to Provide Special Services to Owners.
Section 6.12 Power to Acquire Property and Construct Improvements.
Section 6.13 Power to Adopt Sub Association Rules and Regulations.
Section 6.14 Duty to Accept Property and Facilities Transferred by Declarant.
Section 6.15 Duties Regarding Common Areas
Section 6.16 Duty to Pay Taxes.
Section 6.17 Duty to Keep Sub Association Records.
Section 6.18 Duty to Support Design Review Committee.
Section 6.19 Insurance Requirements.
Section 6.20 Repair and Replacement of Community.
Section 6.21 Limited Liability.
Article VII. Water Well and Related Facilities and Irrigation Water System. This article will
create the framework for ownership, maintenance, repair, and operation of the well and related
facilities within Lot 4 and with the PVO/SSE Association.
Article VIII. Assessments. This article will create the framework for assessments on owners to
maintain the community.
Article IX. Special Provisions. This article will establish any special restrictions, rights, or
obligations negotiated with approving governmental entities.
Article X. General Provisions. This article will set forth the general provisions typical of all
covenants in common interest communities.
Section 10.01 Duration of Declaration.
Section 10.02 Termination of Common Interest Community.
Section 10.03 Amendment of Declaration and Plat.
Section 10.04 Compliance and Enforcement.
4
Section 10.05 Rights of First Mortgagees.
Section 10.06 Notice.
Section 10.07 No Dedication to Public Use Unless Stated.
Section 10.08 Interpretation of Declaration.
Section 10.09 Conflict with Plats.
Section 10.10 No Express or Implied Covenants on Lands Not Annexed.
Section 10.11 Violations Constitute a Nuisance.
Section 10.12 Declarant’s Disclaimer of Representations and Warranties.
Section 10.13 Captions.
Section 10.14 Singular Includes Plural.
Section 10.15 Remedies Cumulative.
EXHIBIT F
IMPROVEMENTS AGREEMENT
As there are still issues to be resolved, we request that the Draft Improvements
Agreement the submitted at time of Final Plan
EXHIBIT G
Geotechnical Information
EXHIBIT H
Mineral Rights Documents
HIllR Nf lW W,Nat,M',lf ulf lA'M IN N II Ill
Reception#:727431
07/061200701:59:07PM B:1947P:0390JeanAlberico1of2 Rec Fee:$11.00Doc Fee:0.00GARFIELDCOUNTYCO
ASSIGNMENT OF OIL AND GAS LEASE
For good and valuable consideration,the receipt and sufficiency of which is
acknowledged,North 27, LLC,("Grantor")hereby assigns,without recourse to the
Grantor,allof the Grantor's right,titleand interestas the same may exist as of the date
hereof inand to that certain Oil and Gas Lease with Apollo Energy,LLC,dated January
19, 2006,a memorandum of which isrecorded as Reception No.694178 of the records
of the Clerk and Recorder of Garfield County,to the Grantees as follows:
An undivided 55% of the Grantor's interestin and to said Lease to Terry
Kirk and Julie Kirk as jointtenants,and
An undivided 45% of the Grantor's interestin and to said Lease to Gary A.
Kirk.
The Grantees hereby acknowledge and agree that they accept this assignment
and further,that they are not entitledto any payments made to the Lessor under said
Lease prior to the date hereof. The address of the Grantees is clo Terry Kirk,12144
East Welsh Trail,Scottsdale,AZ 85259.
Dated thistk day of June,2007.
GRANTOR:NORTH 27,LLC
By:/
Paul C.Currier,Member
GRANTEES:
Terr rk J e Kirk,also kn ad &Rirk,
y Terry Kirk,a rney-in fact
Ga Kirk)b ferry Kir ,a 'or y-i t
WIRNfMHli,M',NI'I*W'lRIA'MMh HIll
Reception#:727431
07/06/200701:59:07PM8:1947P:0391JeanAlberico2of2 Ree Fee:$11.00Doc Fee.0.00GARFIELDCOUNTYCO
STATE OF COLORADO )
)ss.
COUNTY OF GARFIELD )
Subscribed,sworn to,and acknowledged before me this day of June,
2007,by Paul C.Currier,Member,of North 27,LLC..
Witness my hand and officialseal,
tary Public 4.*O 4 *
My commission expires:
STATE OF 0 Oradd )
ss..*
COUNTY OF vt 91 )CO
Subscribed,sworn to,and acknowledged before me this day ofJune,
2007,by Terry Kirk for himself and as attorney-in-factforJulie Kirk,also known as Julie
A.Kirk,and Gary A. Kirk.
Witness my hand and officialseal.
Not Public~
My commission expires:
6/23/07-C:\DocumentsandSettings\Defaultuser.server01\MyDocumenis\Assistantl\wpdata\Rbedoc-J\kirk-north27assignmentofoilandgas
lease.wpd
HIll14 W'MNIONIT,NT'HIV'lWIM'NIM H Al ill
Reception#:727432
07/06/200701:59:07PM 8:1947P:0392JeanAlberico
1 of 2 Rec Fee.511.00Doc Fee:0.00GARFIELDCOUNTYCO
ASSIGNMENT OF OIL AND GAS LEASE
For good and valuable consideration,the receipt and sufficiency of which is
acknowledged,North 27, LLC,("Grantor") hereby assigns,without recourse to the
Grantor,allof the Grantor's right,titleand interestas the same may existas of the date
hereof in and to that certain Oil and Gas Lease with Apollo Energy,LLC,dated January
19, 2006,a memorandum of which isrecorded as Reception No. 694178 of the records
of the Clerk and Recorder of Garfield County,to the Grantees as follows:
An undivided 55% of the Grantor's interest in and to said Lease to Terry
Kirk and JulieKirkas jointtenants,and
An undivided 45% of the Grantor's interestinand to said Lease to Gary A.
Kirk.
The Grantees hereby acknowledge and agree that they accept this assignment
and further,that they are not entitledto any payments made to the Lessor under said
Lease prior to the date hereof. The address of the Grantees is clo Terry Kirk,12144
East Welsh Trail,Scottsdale,AZ 85259.
Dated this 17 da of June,2007.
GRANTOR:NORTH 27,L
By:
Jo . rrier
GRANTEES:
Terry Irk ie Kirk,also kn ACKi
by Terry Kirk,a ney-in-fact
G ,Terry tt e
'
fact
HIllW1.NEMMI(.NI',NthlflWWh'Milkh H ill
Reception#:727432
07/06/200701:59:07PM B: 1947P:0393JeanAlberico
2 of 2 Rec Fee:$11.00Doc Fee:0.00GARFIELDCOUNTYCO
STATE OF COLORADO )
)ss.
COUNTY OF GARFIELD )
Subscribed,sworn to,and acknowledged before me t ES day of June,
2007,by John M. Currier.
Witness my hand and officialseal.....
e
ublic m
My commission expires:06 /28 /2008 Oj .*%
STATE OF O.)
)ss.
COUNTY OF yor 2 )
Subscribed,sworn to,and acknowledged before me this day of
2007,by Terry Kirkforhimself and as attorney-in-factforJulie Kirk,also known as Julie
A.Kirk,and Gary A. Kirk.
Witness my hand and officialseal.
No ry Public
My commission expires:/
6/27/07-C:\DocumentsandSettings\Defaultuser.Server01\MyDocuments\Assistantl\wpdatalRbedoc-J\kirk-north27assignmentofoilandgas
lease-wpd
HIllI'lliaM,WWIR.ld@*"14%@*,141%ll111Reception#:80430908/24/201103:08:42PM JeanAlberico1of5ReoFee:$31.00Doc Fee:0.00GARFIELDCOUNTYCO
Producers88-PAIDUP
Revised
PAID-UP OIL AND GAS LEASE
AGREEMENT,Madeandenteredintothe 2nd dayof May ,20 11 ,byandbetween
Red DogLLC,a Coloradolimitedliabilitycompany
whoseaddressis
1011Main Street Carbondale,CO 81623 ,hereinaftercalledLessor(whetheroneormore)and
AnteroResourcesPiceanceCorporation whoseaddressis _162517t"Street,Suite300,Denver,CO 80202
hereinaftercalledLessee:
WITNESSETH,ThattheLessor,forandinconsiderationofTENAND MORE DOLLARS ($10.00+)cashinhandpaid,thereceiptofwhichisherebyacknowledged,andthecovenantsandagreementshereinaftercontained,hasgranted,demised,leasedandlet,andbythesepresentsdoesgrant,demise,leaseandlet
exclusivelyuntothesaidLessee,thelandhereinafterdescribed,withtheexclusiverightforthepurposeofdrilling,mining,exploringbygeophysicalandother
methods,andoperatingforandproducingtherefromoilandallgasofwhatsoevernatureorkind,specificallyincludingcoalbedmethaneandanyandallsubstances
producedinassociationtherewithfromcoal-bearingformations,withrightsofwayandeasementsforroads,layingpipelines,anderectionofstructuresthereonto
produce,saveandtakecareofsaidproducts,allthatcertaintractoflandsituatedintheCountyofGarfieldStateofColorado,describedasfollows,to-wit:
SeeExhibit"A"Attachedheretoandmadea parthereofforLegalDescription
Addendum attachedheretoandmade parthereof
togetherwithanyreversionaryrightstherein,andtogetherwithallstripsorparcelsofland,(not,however,tobeconstruedtoincludeparcelscomprisingaregular40-acrelegalsubdivisionorlotofapproximatelycorrespondingsize)adjoiningorcontiguoustotheabovedescribedlandandownedorclaimedbyLessor,and
containing27.521acres,moreorless.
1. Itisagreedthatthisleaseshallremaininforceforatermoffive(5)yearsandaslongthereafterasoilorgasofwhatsoevernatureorkindisproducedfromsaidleasedpremisesoronacreagepooledtherewith,ordrillingoperationsarecontinuedashereinafterprovided.If,attheexpirationoftheprimarytermofthislease,oilorgasisnotbeingproducedontheleasedpremisesoronacreagepooledtherewithbutLesseeisthenengagedindrillingorre-workingoperationsthereon,thenthisleaseshallcontinueinforcesolongasoperationsarebeingcontinuouslyprosecutedontheleasedpremisesoron acreagepooledtherewith;andoperationsshallbeconsideredtobecontinuouslyprosecutedifnotmorethanninety(90)daysshallelapsebetweenthecompletionorabandonmentofonewellandthebeginningofoperationsforthedrillingofasubsequentwell.Ifafterdiscoveryofoilorgasonsaidlandoron acreagepooledtherewith,theproductionthereofshouldceasefromanycauseaftertheprimaryterm,thisleaseshallnottenninateifLesseecommencesadditionaldrillingorre-workingoperationswithinninety(90)daysfromdateofcessationofproductionorfromdateofcompletionofdryhole.Ifoilorgasshallbediscoveredandproducedasaresultofsuchoperationsatoraftertheexpirationoftheprimarytermofthislease,thisleaseshallcontinueinforcesolongasoilorgasisproducedfromtheleasedpremisesoronacreagepooledtherewith.
Intheeventawellorwellsisdrilledandcompletedonthelands,oronthelandspooledtherewith,forthepurposeofdevelopingcoalbedgas,theword"operations"shallmean,inadditiontothosematterscoveredintheprecedingparagraph.(1)operationsofsaidwellstoremovewaterorothersubstancesfromthecoalbed,ortodisposeofsuchwaterorothersubstances,eventhoughsuchoperationsdonotresultintheproductionofhydrocarbonsinpayingquantities,or(2)shutting-inorotherwisediscontinuingproductionfromsaidwellstoallowforsurfaceorundergroundminingaffectingthedrillsiteorwellbore.2. ThisisaPAID-UPLEASE,Inconsiderationofthedowncashpayment,LessoragreesthatLesseeshallnotbeobligated,exceptasotherwiseprovidedherein,tocommenceorcontinueanyoperationsduringtheprimaryterm.LesseemayatanytimeortimesduringoraftertheprimarytermsurrenderthisleaseastoalloranyportionofsaidlandandastoanystrataorstratumbydeliveringtoLessororbyfilingforrecordareleaseorreleases,andberelievedofallobligationthereafteraccruingastotheacreagesurrendered.
3. InconsiderationofthepremisesthesaidLesseecovenantsandagrees:1st To delivertothecreditofLessor,freeofcost,inthepipelinetowhichLesseemay connectwellsonsaidland,theequaleighteenpercent(18%)partofalloilproducedandsavedfromtheleasedpremises.2nd To payLessorongasandcasingheadgasproducedfromsaidland(1)whensoldbyLessee,eighteenpercent(18%)ofthenetproceedsderivedfromsuchsaleor(2)whenusedbyLesseeoffsaidlandorinthemanufactureofgasolmeorotherproducts,themarketvalue,atthemouthofthewell,ofeighteenpercent(18%)ofsuchgasandcasingheadgas,Lessor'sinterest,ineithercase,tobeareighteenpercent(18%)ofthecostofcompressing,dehydratingandotherwisetreatingsuchgasorcasingheadgastorenderitmarketableorusableandeIghteenpercent(18%)ofthecostofgatheringandtransportingsuchgasandcasingheadgasfromthemouthofthewelltothepointofsaleoruse.3rd To payLessorforg producedfromanyoilwellandusedoffthepremisesorinthemanufactureofgasolineoranyotherproduct,a royaltyof
eighteenpercent 8%)oftheproceeds,atthemouthofthewell,payablemonthlyattheprevailingmarketrate.4.Wheregasfromawellcap leofproducinggasisnotsoldorused,LesseemaypayortenderasroyaltytotheroyaltyownersOneDollarperyearpernetacreretainedhereunder,suchpaymentortendertobemadeonorbeforetheanniversarydateofthisleasenextensuingaftertheexpirationof90daysfromthedatesuchwellisshutinandthereafteronorbeforetheanniversarydateofthisleaseduringtheperiodsuchwellisshutin.Ifsuchpaymentortenderismade,itwillbeconsideredthatgasisbeingproducedwithinthemeaningofthislease.
5. IfsaidLessorownsalessinterestintheabovedescribedlandthantheentireandundividedfeesimpleestatetherein,thentheroyalties(includinganyshut-ingasroyalty)hereinprovidedforshallbepaidtheLessoronlyintheproportionwhichLessor'sinterestbearstothewholeandundividedfee.6.Lesseeshallhavetherighttouse,freeofcost,gas,oilandwaterproducedonsaidlandforLessee'soperationthereon.7.WhenrequestedbyLessor,LesseeshallburyLessee'spipelinebelowplowdepth.8.Nowellshallbedrillednearerthan200feettothehouseorbarnnowonsaidpremiseswithoutwrittenconsentofLessor.9. LesseeshallpayfordamagescausedbyLessee'soperationstogrowingcropsonsaidland.10.Lesseeshallhavetherightatanytimetoremoveallmachineryandfixturesplacedonsaidpremises,includingtherighttodrawandremovecasing.11.TherightsofLessorandLesseehereunderroaybe assignedinwholeorpart.No changeinownershipofLessor'sinterest(byassignmentorotherwise)shallbebindingonLesseeuntilLesseehasbeenfurnishedwithnotice,consistingofcertifledcopiesofallrecordedinstrumentsordocumentsandotherinformationnecessarytoestablishacompletechainofrecordtitlefromLessor,andthenonlywithrespecttopaymentsthereaftermade.No otherkindofnotice,whetheractualorconstructive,shallbebindingonLessee.No presentorfuturedivisionofLessor'sownershipastodifferentportionsorparcelsofsaidlandshalloperatetoenlargetheobligationsordiminishtherightsofLessee,andallLessee'soperationsmaybeconductedwithoutregardtoanysuchdivision.Ifalloranypartofthisleaseisassigned,noleaseholdownershallbeliableforanyactoromissionofanyotherleaseholdowner.12.Lessee,atitsoption,isherebygiventherightandpoweratanytimeandfromtimetotimeasarecurringright,eitherbeforeorafterproduction,astoalloranypartofthelanddescribedhereinandastoanyoneormoreoftheformationshereunder,topoolorunitizetheleaseholdestateandthemineralestatecoveredbythisleasewithotherland,leaseorleasesintheimmediatevicinityfortheproductionofoilandgas,orseparatelyfortheproductionofeither,wheninLessee'sjudgmentitisnecessaryoradvisabletodoso,andirrespectiveofwhetherauthoritysimilartothisexistswithrespecttosuchotherland,leaseorleases.Likewise,unitspreviouslyformedtoincludeformationsnotproducingoilorgas,may bereformedtoexcludesuchnon-producingformations.TheformingorreformingofanyunitshallbeaccomplishedbyLesseeexecutingandfilingofrecordadeclarationofsuchunitizationorreformation,whichdeclarationshalldescribetheunit.Any unitmay includelanduponwhicha wellhastheretoforebeencompletedoruponwhichoperationsfordrillinghavetheretoforebeencommenced.Production,drillingorreworkingoperationsorawellshutinforwantofamarketanywhereonaunitwhichincludesallorapartofthisleaseshallbetreatedasifitwereproduction,drillingorreworkingoperationsorawellshutinforwantofa marketunderthislease.Inlieuoftheroyaltieselsewherehereinspecilled,includingshut-ingasroyalties,Lessorshallreceiveonproductionfromtheunitsopooledroyaltiesonlyontheportionofsuchproductionallocatedtothislease;suchallocationshallbethatproportionoftheunitproductionthatthetotalnumberofsurfaceacrescoveredbythisleaseandincludedintheunitbearstothetotalnumberofsurfaceacresinsuchunit.Inadditiontotheforegoing,Lesseeshallhavetherighttounitize,pool,orcombinealloranypartoftheabovedescribedlandsastooneormoreoftheformationsthereunderwithotherlandsinthesamegeneralareabyenteringintoacooperativeorunitplanofdevelopmentoroperationapprovedbyanygovernmentalauthorityand,fromtimetotime,withlikeapproval,tomodify,changeorterminateanysuchplanoragreementand,insuchevent,theterms,conditionsandprovisionsofthisleaseshallbedeemedmodifiedtoconformtotheterms,conditions,andprovisionsofsuchapprovedcooperativeorunitplanofdevelopmentoroperationand,particularly,alldrillinganddevelopmentrequirementsofthislease,expressorimplied,shallbesatisfiedbycompliancewiththedrillinganddevelopmentrequirementsofsuchplanoragreement,andthisleaseshallnotterminateorexpireduringthelifeofsuchplanoragreement.Intheeventthatsaidabovedescribedlandsoranypartthereof,shallhereafterbeoperatedunderanysuchcooperativeorunitplanofdevelopmentoroperationwherebytheproductiontherefromisallocatedtodifferentportionsofthelandcoveredbysaidplan,thentheproductionallocatedtoanyparticulartractoflandshall,forthe
RetumTo:
AnteroResourcesCorporatzon
P.O.Box1214
HillIF'd5hM M WEt.ld'MER.1M M 5 III
Reception#:894309
06/241201183:09:42PM JeanAlberico
2 of 5 Rec Fee:$31.00DocFee:0.00GARFIELDCOUNTYCO
purposeofcomputingtheroyaltiestobepaidhereundertoLessor,beregardedashavingbeenproducedfromtheparticulartractoflandtowhichitisallocatedandnottoanyothertractofland;andtheroyaltypaymentstobemadehereundertoLessorshallbebaseduponproductiononlyassoallocated.LessorshallformallyexpressLessor'sconsenttoanycooperativeorunitplanofdevelopmentoroperationadoptedbyLesseeandapprovedbyanygovernmentalagencybyexecutingthesameuponrequestofLessee.
13. Whenoperationsorproductionaredelayedorinterruptedbylackofwater,laborormaterial,orbyfire,storm,flood,warrebellion,insurrection,riot,strike,differenceswithworkmen,orfailureofcarrierstofurnishtransportorfurnishfacilitiesfortransportationorlackofmarketinthefieldfortheminerals.produced,orasaresultofanycausewhatsoeverbeyondthecontrolofLessee,thetimeofsuchdelayorinterruptionshallnotbecountedagainstLesseeandthisleaseshallremaininforceduringsuchdelayorinterruptionandninety(90)daysthereafter,anythinginthisleasetothecontrarynotwithstanding.14. Lessorherebywarrantsandagreestodefendthetitletothelandshereindescribed,andagreesthattheLesseeshallhavetherightatanytimetoredeemforLessor,bypayment,anymortgages,taxesorotherliensontheabovedescribedlands,intheeventofdefaultofpaymentbyLessorandbesubrogatedtotherightsoftheholderthereof,andtheundersignedLessors,forthemselvesandtheirheirs,successorsandassigns,herebysurrenderandreleaseallrightofdowerandhomesteadinthepremisesdescribedherein,insofarassaidrightofdowerandhomesteadmayinanywayaffectthepurposesforwhichthisleaseismade,asrecitedherein.
15.Lessorshereinintendtoleaseanyright,titleandinterestLessorsmayhaveinandtoanyandallmineralrightsinandunderallstripsorparcelsoflandincluding,butnotlimitedtostreets,countyroads,highways,railroadstripsand/oranyandallothereasementsandrightsofwaywhatsoever,canals,ditchesandotherwaterwayslyingacrossand/oradjacentand/orinanywayappertainingtothelandshereinabovedescribed,includingwithoutlimitationanylandsacquiredbyaccretionthroughmeanderofwaterways.16.ShouldanyoneormoreofthepartieshereinabovenamedasLessorfailtoexecutethislease,itshallneverthelessbebindinguponallsuchpartieswhodoexecuteitasLessor.Theword"Lessor,"asusedinthisleaseshallmeananyoneormoreorallofthepartieswhoexecutethisleaseasLessor.Alltheprovisionsofthisleaseshallbebindingontheheirs,successorsandassignsofLessorandLessee.17.LessoragreesthatLesseemay locateawellorwellsonanydrillingsitelocatedonanypartofthelanddescribedherein,includingtherighttoasubsurfaceeasementthroughanypartofthelanddescribedherein,whichwellswillbeusedtoaccessthesubsurfaceofadjacentmineralowners.18.Notwithstandinganythingtothecontraryacontainedherein,Lesseehastheoptiontoextendtheprimarytermanadditionalone(1)yearwiththepaymentofanamountequalto$4(10pernetacre,suchainoimtbeingpaidtoLessoronorbeforetheexpirationoftheprimarytermsetforthaboveinparagraph1.SuchpaymentshallbeconsideredtenderedbyLesseeandreceivedbyLessorwhendeposited,postage-paid,intheUnitedStatesmail,orwitha nationallyrecognizedcarrierservice.
19.ShouldLesseebepreventedfromcomplyingwithorfkilfillinganyexpressorimpliedcovenantorotherprovisionofthislease,byreasonofscarcityofofinabilitytoobtainortouseequipmentormaterial,oranyFederalorStateLaw,oranyorder,ruleorregulationofgovernmentalauthority,orduetotheinabilitytoobtainnecessaryadministrativeactionofagovernmentalauthority,.orbyeventsofforcemajeureand/orbysucheventsasarebeyondthereasonablecontrolofLessee,thenwhilesoprevented,thetimewithinwhichLesseemay complywithorfulfillsuchcovenantorotherprovisionshallbesuspended;andthisleaseshallbeextendedwhileandsolongasLesseeispreventedbyanysuchcausefromconductingoperationsonorfromproducingoilorgasfromsaidLand,andforanadditionalninety(90)daysthereafter;andthetimewhileLesseeissopreventedshallnotbecountedagainstLesseeincomputingthetimewithinwhichcomplianceorperformanceoccurred,anythinginthisleasetothecontrarynotwithstairding.20.PreferentialRight.Fortheconsiderationhereinrecited,ifduringthetermofthislease(butnotmorethan20yearsafterthedatehereof)Lessorreceivesabonafideofferfromanypartytopurchaseanewleagecoveringalloranypartofthelandsorsubstancescoveredhereby,andifLessoriswillingtoacceptsuchoffer,thenLessorshallpromptlynotifyLesseeinwritingofthenameandaddressoftheofferor,andofallpertinenttermsandconditionsoftheoffer,includinganyleasebonusoffered.Lesseeshallhavea periodof30daysafter;/receiptofsuchnoticetoexerciseapreferentialrighttopurchaseanewleasefromLessorinaccordancewiththetermsandconditionsoftheoffer,bygivingLessorwrittennoticeofsuchexercise.Promptlythereafter,LesseeshallfurnishtoLessorthenewleaseforexecution,alongwithatimedraftfortheleasebonuscohditioneduponexecutionanddeliveryoftheleasebyLessorandapprovaloftitlebyLessee,allinaccordancewiththetermsofsaiddraft.WhetherornotLekeeexercisesitspreferentialrighthereunder,thenaslongasthisleaseremainsineffectanynewleasefromtheLessorshallbesubordinatetothisleaseandshallnotbeconstruedasreplacingoraddingtoLessee'sobligationshereunder,
INWITNESSWHEREOF,thisinstrme sexecutedasofthedatefirstabovewritten.
TerryA."a ager,Red Dog LLC
ACKNOWLEDGEMENT-INDIVIDUAL
STATEof
COUNTY of /
BEFOREME,theundersignedNotaryPubh,inandforsaidCountyandState,onthis dayof ,20
personallyappeared ff;///,.y {, &VI&ge?,A str-,/.C.
,tome knowntobetheidenticalpersondescribedinandwhoexecutedthewithinandforegoinginstrumentofwritingandacknowledgedtomethathedulyexecutedsameashis freeand
voluntaryactanddeedfortheusesandpurposesthereinsetforthandinthecapacitystatedtherein.
INWITNESSWHEREOF,Ihavehereuntosetmy handandafflxedmynotarialsealthedayandyearlastabovewritten.
My CommissionExpires:
ACKNOWLEDGEMENT-INDIVIDUAL
STATEof
COUNTY of .
BEFOREME,theundersi Public,aidCountyandState,onthis dayof ,200
personallyappeared
,tome knowntobetheidenticalperson
describedinandwhoexecutedthewithinan strumentofwritingandacknowledgedtomethat he_dulyexecutedsameas freeand
voluntaryactanddeedfortheusesandpurposesthereinsetforthandinthecapacitystatedtherein.
INWITNESSWHEREOF,Ihavehereuntosetmy handandaffixedmynotarialsealthedayandyearlastabovewritten.
My CommissionExpires:
NotaryPublic:
Address:
Afterrecordinareturnto:
TexhomaLandConsultants,Inc.
770W.RockCreekRd.#117
Norman,OK 73069
HillihdWAltWMLIN IM'WIM'S IM IM M ill
Reception#:804309
06/241201103:08.42PM JeanAlberico
3 of 5 ReoFee:$31.00Doc Fee:0.00GARFIELDCOUNTYCO
EXHIBIT "A"
Attachedtoand made a partforallpurposestothatcertainoiland gasleasedatedMay 2,2011,by and between
Red Dog LLC,aColoradoLimitedLiabilityCompany,as Lessor,and AnteroResourcesPiceanceCorporation,as
Lessee,coveringlandinGarfieldCounty,Colorado.
DESCRIPTIONOF LANDS
A tractoflandsituatedinthe Northeast% oftheNortheast% ofsection36,Township5 South,Range92West of
the6thPrincipalMeridian,beingmore particularlydescribedasfollows:
Beginningata pointonthe EastlineofsaidNortheast%oftheNortheast%whenceawitnesscornerforthe
NortheastCornerofsaidsection36 bearingNorth01"07'25"East20.00feetfromsaidNortheastCornerbears
North01"07'25"East454.40feet;thenceSouth01"O7'25"West 887.75feettotheSoutheastCornerofsaid
Northeast% oftheNortheast%;thenceSouth89'21'27"West 1350.12feettotheSouthwestCornerofsaid
Northeast%oftheNortheast%;thencealongtheWest lineofsaidNortheast%oftheNortheast%North
01*00'46"East887.78feet;thenceNorth89"21'39"East1351.83feettothepointofbeginning.
AlsoKnown As
Lot4
Simon SubdivisionExemptionPlat
Accordingtothe platrecordedApril21,1999 as ReceptionNo.544219
AllE,FSM,F,%RMIFRIM'M,1MIN HillReception#:80430906/24/201103:08:42PM JeanAlberico4of5ReoFee:531.00Doo Fee:0.00GARFIELDCOUNTYCO
ADDENDUM
THIS ADDENDUM constitutesan integralpart ofthatcertainPaid-Up Oiland Gas
Lease dated May 2,2011,by and between,Red Dog LLC,a Colorado Limited Liability
Company,Lessor,and ANTERO RESOURCES PICEANCE CORPORATION,as
Lessee:
Conflicts In the eventof a conflictbetween the terms ofthisLease Addendum and the
terms of the printedform lease,the terms ofthisLease Addendum shallcontrol.
Surface Use Restrictions:
No well,well pad,road,pipeline,compressor unitsor stations,tanks,structuresor other
surfacefacilityof any kind shallbe placed upon the Leased Premises.No entryon the
surfaceof the leased Premises shallbe permitted and only pooling and directionaldrilling
from neighboring lands shallbe utilizedby Lessee to develop the leasedmineral rights.
Lessor acknowledges thislimitedsurfaceaccess willinhibitLessee's abilityto protectthe
correlativerightsof Lessor and hereby expresslywaives any and allexpress or implied
dutiesof Lessee regarding same.
Deductions:
Lessee shallbear Lessor'sportion ofthecostto gather,dehydrate,process and compress
naturalgas from the wellhead to thefirstinterconnectwith eitheran interstateor
intrastatepipeline.
Protection of Water Wells:
Lessee agrees,to assume liabilityfor any damage caused by Lessee's operations to
Lessor's water well(s)or other water sources servingthe Leased Premises,and shalltake
allnecessary steps to prevent itsoperationsfrom pollutingany water well,water spring
or other water source locatedon the Leased Premises.Lessee shallhire an independent
third-partyexpert(unlesssuch expert is objected to by Lessor,in which case the parties
shallmutually agree upon a differentexpert)to testthe qualityof (a)each ground water
well or spring locatedon the Leased Premises within a one-half (%)mile radiusof any
surface-holelocationof an oiland gas well or other relevantoperationof Lessee,and (b)
any surface water source on the Leased Premises located up to one-half (%)mile
downstream of the historicdrainageroute(s)of a well pad or other relevantoperationof
Lessee.Testing of a water well,water spring or other water source shalloccur (a)prior
to Lessee conducting drillingoperations,(b)upon completion of allwells drilledfrom a
well pad,and (c)any time thereafterwhen Lessee receiveswrittenrequestfrom Lessor to
conduct such testing,but not to exceed once every two (2)years unless otherwise
warranted (by way of example but not limitation,as a resultof a spillor leak of a size
reportableto the Colorado Oil and Gas Conservation Commission).Inthe event such test
resultsconfirm (inthe sole opinion of the third-partyexpert),that any water source was
contaminated or damaged as a resultof Lessee's operations,Lessee agrees to either(a)
drilla new water well on the Leased Premises at Lessee's expense of at leastthe same
qualityand volume as the damaged well priorto Lessee's operations,(b)provide Lessor
a replacement water source ina likevolume tothe damaged water source,atitssource or
ata locationon the Leased Premises requestedby Lessor,or (c)treatthe water from the
contaminated water source to bring itup to the standardsexistingpriorto contamination.
Lessee shallbegin constructionon any new water well or source,as the case may be,
within sixty(60) days afterreceiptof the third-partyexpert'sreport of contamination or
damage,and shallcomplete such constructionwithin six (6)months thereafter.Lessee
shallprovide potable water by truck or other means to Lessor in an amount sufficientto
replacethe damaged water untilsuch remediationiscompleted.
HillIF'dZMEMh,M IBM'l*WSJ*@M Il illReception#:80430906/24/201103:08.42PM JeanAlberico5of5RecFee:$31.00Doo Fee:0.00GARFIELDCOUNTYCO
No Objection to Subdivision:
Lessee agrees thatitshallnot objectin any way orto any person,entityor agency,to any
applicationfor subdivisionor other land use or development plan thatLessor may submit
or propose for development of or upon the Leased Premises. The subdivisionor other
development of the Leased Premises shallnot modify any of Lessee's obligationsunder
the Lease,asmodified by thisLease Addendum.
RED DO LLC Antero Resources Piceance Corporation
.By:
Ter A. i k,ana er
EXHIBIT I
Miscellaneous Correspondence
• Letter from Colorado Division of Wildlife
• Letter from Garfield County Vegetation Officer
STATE OF COLORADO
Bill Otvehs, Governor
;;'PAiiiMENr oF NATURAL FEsouRcEs
^IVISION OF-WILDLIFE
. ]buuopPonruNlrY EMPLoYEB
John W. Mumma, Director
6060 BroadwaY
Denver, Colorado 80216
Telephone: (303) 297'1 1 92
JanuarY 4,2OOO
Don Crane
Pistrict Wildlife Manager
co: Stwe Yamashita ffi#ffiiru81601
RECEIVEDJAN062000
For Wildlife -
For People'
Mr. JeffLaurien
Senior Planner
Garfiekl County Building 6fl planning Deparrnent
1o9 86 Street, Suite 3O3
Glenwood SPrings' CO 8f60f
RE: North 27 Subdivision
Dear Ieff
I reoeived a reque$ for comments on theNorth 27 subdivision preliminoy!lr- Ivisited the
;;rj* rit" *a ,*it*"a the plan and I am q,ite fa4ti=.with the area andthe associated
wildlife ryeoies anil habitat. rnr following_are E Py:i*ofwildtife concerns and
;;;;dations for dwelopment of the North 27 Subdivision:
l. The diainege ditches with their o(ryer of cattails should be consiilered wetlands and be
maintained at crurelrt oonditions
2. Because ora year rormd population of mule deer that fieglent the areq dl perimaer fe'ncing
- of lots soua not exceed fortytu,o (42) inches in height.
3. hoperty o*o, should be reArired to kennel or fenoe in theh dogs at all times
4. Property owners should be reqponsible topr-otect-their haystackg gardeng and orname'lrtal
- --'*ia.tion
fiomwildlife di-"g", in-ctu$S damage by mule-deer.
5, Rubbislq log anil lumber orjunk plles should not be allowed on lotsto minirniz€ pmential
skunk infestation-
6. kt;;ers Sould be e,ncograged to plant trees mil wind breaks to provide o(ryer anil feed
for song birds and sxnall mamtt'als'
Ttank you for the opportrmiry to comment 6lr ttis proiect'
RespeotfutlY,
A- 0*''-
,l t-7
DEPABTMENToFNATURALRESoUBCES,GregWalcher,ExecutiveDirector
wILDLIFE COMMlssloN, Chuck Lewis, cnairman. Mark LeValley' vice chairman ' Bernard L' Black' Jr''Secretary
Members, Rick Enstrom . Marianna naftofoutos . Arnold Salazar. Robert Shoemaker ' Philip James
rA:,I L' I L'L' L'J: .?OP ,.,un urane
;;"'-^-F!G,|E6lE-rff cnrrtlrEluncB
rfviSlon oFIUILDLIFE
11l rilrr.cmnrrrv #ola
-HrrW.Ia.fanBlfrtLr.o&*El!----CGz',Lt'iE.
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Gafield Cqr[yBdfte and PEriU Oeptrem
lG SP srDc' Sft 3fil
Glsrrrcod sFiul co 8id'4
RE rlorttZ$Dtfufim
ru/urbcf-luut P. r
ForWihfifi-FrP@
DocJCt
Thir lsoerit h8t'fiinbrru Prcl,iLE lelEro,Jzrrary +Nn tGeara3 oo'tt Enrr
qr tlr prprONqlr27 $Hvbiqu
Resd,s tEr a Erineu, Fq,tfl|g pefirff tlct,t ilg cE3 rd mad 1? h
t-ttil,rrest tbndlg b rbsifred e a niilffe driqr benitr. AulnG edfin
L;iler,pdd b used b t(q deor a,d @l aends qf d sr tE, qrdr E e
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;;i99 .illE, 2 *.IdB d ffi uia qr llp tp d trc wrut *.. Ufitn n6d.4
;;$"! Ue ronptcO arry liun hfrnas io Urn dscatnd udt aw lh
htpl.
Atrtrrry, prosPecli1p !t'orers stEUts be gge ffi] [E!l' rilEr!1m tF DilV,
i"f 53;;fisfrllfurp.mfxq 1,136xg1tnanrl rffirp dfnftrtcs(r)-
Thr* you fu fre ryonni$ b cqilp7t ot tic Pteiea
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lrA
EXHIBIT J
Miscellaneous Documents and Past Approvals
• Title Commitment (Current)
• Resolution 99-044 (Approving the Simon Subdivision Exemption)
• Lot 4 Simon Subdivision Exemption Plat
• Property Record Card
• List of property owners within 200 feet
Customer Distribution
Prevent fraud - Please call a member of our closing team for wire transfer
instructions or to initiate a wire transfer. Note that our wiring instructions will
never change.
Order Number: GW63018795-3 Date: 11/15/2024
Property Address: TBD COUNTY ROAD 261, SILT, CO 81652
For Closing Assistance For Title Assistance
Land Title Garfield County Title
Team
901 GRAND AVENUE #202
GLENWOOD SPRINGS, CO
81601
(970) 945-2610 (Work)
(970) 945-4784 (Work Fax)
glenwoodresponse@ltgc.com
Seller/Owner
RED DOG LLC
Attention: TERRY KIRK
Delivered via: Electronic Mail
Attorney for Seller
BALCOMB GREEN
Attention: BRITT CHOATE
brittc@balcombgreen.com
Delivered via: Electronic Mail
Estimate of Title Fees
Order Number: GW63018795-3 Date: 11/15/2024
Property Address: TBD COUNTY ROAD 261, SILT, CO 81652
Seller(s): RED DOG LLC, A COLORADO LIMITED LIABILITY COMPANY
Buyer(s): TO BE DETERMINED
Thank you for putting your trust in Land Title. Below is the estimate of title fees for the
transaction. The final fees will be collected at closing. Visit ltgc.com to learn more about
Land Title.
Estimate of Title Insurance Fees
"TBD" Commitment $265.00
TBD - TBD Income $-265.00
TOTAL $0.00
Note: The documents linked in this commitment should be reviewed carefully. These
documents, such as covenants conditions and restrictions, may affect the title, ownership and
use of the property. You may wish to engage legal assistance in order to fully understand and
be aware of the implications of the documents on your property.
Chain of Title Documents:
Garfield county recorded 06/26/2007 under reception no. 726333 at book 1941 page 972
Garfield county recorded 06/26/2007 under reception no. 726336 at book 1941 page 979
Garfield county recorded 06/22/2008 under reception no. 751281
Garfield county recorded 10/23/2019 under reception no. 927184
Garfield county recorded 11/08/2019 under reception no. 927932
Plat Map(s):
Garfield county recorded 04/21/1999 under reception no. 544219
Property Address:
TBD COUNTY ROAD 261, SILT, CO 81652
1. Effective Date:
10/25/2024 at 5:00 P.M.
2. Policy to be Issued and Proposed Insured:
"TBD" Commitment
Proposed Insured:
TO BE DETERMINED
$0.00
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
A FEE SIMPLE
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
RED DOG LLC, A COLORADO LIMITED LIABILITY COMPANY
5. The Land referred to in this Commitment is described as follows:
LOT 4
A TRACT OF LAND SITUATED IN THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 36,
TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4 WHENCE
A WITNESS CORNER FOR THE NORTHEAST CORNER OF SAID SECTION 36 BEARING NORTH 01
DEGREE 07 MINUTES 25 SECONDS EAST, 20.00 FEET FROM SAID NORTHEAST CORNER BEARS NORTH
01 DEGREE 07 MINUTES 25 SECONDS EAST, 454.40 FEET;
THENCE SOUTH 01 DEGREE 07 MINUTES 25 SECONDS WEST, 887.75 FEET TO THE SOUTHEAST
CORNER OF SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4;
THENCE SOUTH 89 DEGREES 21 MINUTES 27 SECONDS WEST, 1350.12 FEET TO THE SOUTHWEST
CORNER OF SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4;
THENCE ALONG THE WEST LINE OF SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4, NORTH 01
DEGREES 00 MINUTES 46 SECONDS EAST, 887.78 FEET;
THENCE NORTH 89 DEGREES 21 MINUTES 39 SECONDS EAST, 1351.83 FEET TO THE POINT OF
BEGINNING.
ALSO KNOWN AS
LOT 4
SIMON SUBDIVISION EXEMPTION PLAT
ACCORDING TO THE PLAT RECORDED APRIL 21, 1999 AS RECEPTION NO. 544219.
COUNTY OF GARFIELD
STATE OF COLORADO
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:GW63018795-3
Copyright 2006-2024 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the
American Land Title Association.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:GW63018795-3
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: GW63018795-3
All of the following Requirements must be met:
This proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may
then make additional Requirements or Exceptions.
Pay the agreed amount for the estate or interest to be insured.
Pay the premiums, fees, and charges for the Policy to the Company.
Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both,
must be properly authorized, executed, delivered, and recorded in the Public Records.
THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO.
This commitment does not republish any covenants, condition, restriction, or limitation contained in any
document referred to in this commitment to the extent that the specific covenant, conditions, restriction,
or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender
identity, handicap, familial status, or national origin.
1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land and not shown by the Public
Records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by
law and not shown by the Public Records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date of the proposed
insured acquires of record for value the estate or interest or mortgage thereon covered by this
Commitment.
6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public
agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the Public Records.
7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN
UNITED STATES PATENT RECORDED FEBRUARY 28, 1894, IN BOOK 12 AT PAGE 299.
9. RESERVATION OF DITCH RIGHTS AS CONTAINED IN INSTRUMENT RECORDED FEBRUARY 25, 1910 IN
BOOK 79 AT PAGE 407.
10. TERMS, CONDITIONS AND PROVISIONS OF GARFIELD COUNTY RESOLUTION RECORDED APRIL 20,
1999 IN BOOK 1125 AT PAGE 434.
11. TERMS, CONDITIONS AND PROVISIONS OF OIL AND GAS LEASE RECORDED MARCH 17, 2006 IN BOOK
1780 AT PAGE 766, ASSIGNMENT OF OIL AND GAS LEASE RECORDED JULY 6, 2007 IN BOOK 1947 AT
PAGE 390 AND RECORDED JULY 6, 2007 IN BOOK 1947 AT PAGE 392 AND ANY AND ALL ASSIGNMENTS
THEREOF OR INTERESTS THEREIN.
12. TERMS, CONDITIONS AND PROVISIONS OF QUIT CLAIM DEED RECORDED OCTOBER 04, 1999 IN BOOK
1153 AT PAGE 743.
13. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT
OF SIMON SUBDIVISION EXEMPTION PLAT RECORDED APRIL 21, 1999, UNDER RECEPTION NO.
544219.
14. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF GRANT OF EASEMENTS AND
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS RECORDED JUNE 3, 1999 IN BOOK
1133 AT PAGE 54.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: GW63018795-3
15. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF PAID UP OIL AND GAS LEASE RECORDED
JUNE 24, 2011 AS RECEPTION NO. 804309.
16. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EASEMENT TO PUBLIC SERVICE COMPANY
OF COLORADO RECORDED OCTOBER 10, 2018 AS RECEPTION NO. 912741.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: GW63018795-3
Land Title Guarantee Company
Disclosure Statements
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the
clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least
one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that,
the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or
filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters
which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for
recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title
Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents
from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of
Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following
conditions:
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
Note: Pursuant to CRS 10-11-123, notice is hereby given:
The Subject real property may be located in a special taxing district.(A)
A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in
which the real property is located or that county treasurer's authorized agent unless the proposed insured provides
written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real
property).
(B)
The information regarding special districts and the boundaries of such districts may be obtained from the Board of
County Commissioners, the County Clerk and Recorder, or the County Assessor.
(C)
The land described in Schedule A of this commitment must be a single family residence which includes a
condominium or townhouse unit.
(A)
No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land
described in Schedule A of this Commitment within the past 6 months.
(B)
The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and
material-men's liens.
(C)
The Company must receive payment of the appropriate premium.(D)
If there has been construction, improvements or major repairs undertaken on the property to be purchased within
six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include:
disclosure of certain construction information; financial information as to the seller, the builder and or the contractor;
payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any
additional requirements as may be necessary after an examination of the aforesaid information by the Company.
(E)
This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface
estate, in Schedule B-2.
Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may
include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance
company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for
the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award
payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of
Regulatory Agencies.
Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing
protection letter for the lender, purchaser, lessee or seller in connection with this transaction.
Note: Pursuant to CRS 24-21-514.5, Colorado notaries may remotely notarize real estate deeds and other documents
using real-time audio-video communication technology. You may choose not to use remote notarization for any
document.
That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the
surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and
(A)
That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
(B)
Joint Notice of Privacy Policy of
Land Title Guarantee Company
Land Title Insurance Corporation and
Old Republic National Title Insurancy Company
This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance
Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state
privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence
is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized
access to your non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
applications or other forms we receive from you, including communications sent through TMX, our web-based
transaction management system;
your transactions with, or from the services being performed by us, our affiliates, or others;
a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
The public records maintained by governmental entities that we obtain either directly from those entities, or from
our affiliates and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows:
We restrict access to all Personal Information about you to those employees who need to know that information in
order to provide products and services to you.
We may share your Personal Information with affiliated contractors or service providers who provide services in the
course of our business, but only to the extent necessary for these providers to perform their services and to
provide these services to you as may be required by your transaction.
We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your
Personal Information from unauthorized access or intrusion.
Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action.
We regularly assess security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT
IS NOT STATED ABOVE OR PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We
may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for
example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your
Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is
needed to enforce our rights arising out of any agreement, transaction or relationship with you.
Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy
policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration
Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof.
Commitment For Title Insurance
Issued by Old Republic National Title Insurance Company
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION
OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF
THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF
THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN
ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE
CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. .
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance
Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is
effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the
specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met
within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end.
COMMITMENT CONDITIONS
1. DEFINITIONS
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates
and the Company’s liability and obligation end.
3. The Company’s liability and obligation is limited by and this Commitment is not valid without:
4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or
other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The
Company shall not be liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
i. comply with the Schedule B, Part I—Requirements;
ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
“Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a)
“Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any
property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues,
alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
(b)
“Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c)
“Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company
pursuant to this Commitment.
(d)
“Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e)
“Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this
Commitment.
(f)
“Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters
relating to real property to purchasers for value and without Knowledge.
(g)
“Title”: The estate or interest described in Schedule A.(h)
the Notice;(a)
the Commitment to Issue Policy;(b)
the Commitment Conditions;(c)
Schedule A;(d)
Schedule B, Part I—Requirements; and(e)
Schedule B, Part II—Exceptions; and(f)
a counter-signature by the Company or its issuing agent that may be in electronic form.(g)
The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the
Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed
Insured’s good faith reliance to:
(a)
The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the
matter and did not notify the Company about it in writing.
(b)
The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the
Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
(c)
The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment
Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(d)
The Company shall not be liable for the content of the Transaction Identification Data, if any.(e)
In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements
have been met to the satisfaction of the Company.
(f)
In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g)
Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a)
Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b)
Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject
matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral,
express or implied, relating to the subject matter of this Commitment.
(c)
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the
Company’s agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma
policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at
http://www.alta.org/arbitration.
IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown
in Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
Issued by:
Land Title Guarantee Company
3033 East First Avenue Suite 600
Denver, Colorado 80206
303-321-1880
Craig B. Rants, Senior Vice President
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II
—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are
prohibited. Reprinted under license from the American Land Title Association.
The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the
terms and provisions of this Commitment or the Policy.
(d)
Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e)
When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f)
View Map
RED DOG LLC
12144 E WELSH TRAIL
SCOTTSDALE AZ 852595118
Tax Year 2024 2023 2022 2021 2020
Actual Value $16,880.00 $16,880.00 $12,680.00 $12,680.00 $14,270.00
Summary
Account R005297
Parcel 212736100052
Property
Address
, SILT, CO 81652
Legal
Description
Section: 36 Township: 5 Range: 92 A TR IN NENE OF SEC 36 AKA
LOT 4 SIMON EXEMPTION. 27.52 AC
Acres 27.52
Land SqFt 0
Tax Area 20
Mill Levy 70.9860
Subdivision
Map
Owner
Land
Unit Type IRRIGATED LAND-AGRICLTRL. - 4117 (AGRICULTURAL PROPERTY)
Square Feet 0
Actual Values
Gar eld County, CO
1/15/25, 3:52 PM qPublic.net - Garfield County, CO - Property Record Card: R005297
https://qpublic.schneidercorp.com/Application.aspx?AppID=1038&LayerID=22381&PageTypeID=4&PageID=9447&Q=66090043&KeyValue=R005297 1/3
Tax Year 2024 2023 2022 2021 2020
Assessed Value $4,460.00 $4,460.00 $3,350.00 $3,680.00 $4,140.00
Tax Year 2024 2023 2022 2021 2020
Taxes Billed $316.60 $274.36 $222.24 $274.84 $281.04
Click here to view the tax information for this parcel on the Gar eld County Treasurer's website.
Sale Date Deed Type Reception Number Book - Page Sale Price
11/4/2019 QUIT CLAIM DEED 927932 $0
10/22/2019 SPECIAL WARRANTY DEED 927184 $0
10/22/2019 STATEMENT OF AUTHORITY 927182 $0
10/10/2018 EASEMENT 912741 $0
6/24/2008 SPECIAL WARRANTY DEED 751281 $0
6/20/2007 QUIT CLAIM DEED 726336 1941-979 $0
6/20/2007 POWER OF ATTORNEY 726334 1941-975 $0
6/20/2007 WARRANTY DEED 726333 1941-972 $525,000
6/20/2007 QUIT CLAIM DEED 726332 1941-970 $0
6/20/2007 STATEMENT OF AUTHORITY 726331 1941-969 $0
6/19/2007 POWER OF ATTORNEY 726335 1941-977 $0
4/20/2000 QUIT CLAIM DEED 562632 1184-366 $0
9/30/1999 QUIT CLAIM DEED 553203 1153-743 $0
9/30/1999 WARRANTY DEED 553202 1153-741 $0
4/21/1999 Plat 544219 $0
4/12/1999 PERSONAL REP DEED 544034 1125-65 $835,000
6/26/1976 QUIT CLAIM DEED 506097 1013-0018 $0
6/14/1976 QUIT CLAIM DEED 307924 0556-0873 $0
11/16/1962 WARRANTY DEED 221477 0349-0244 $0
11/15/1962 AGREEMENT 221478 0349-0245 $0
10/7/1949 WARRANTY DEED 169994 0245-0336 $0
9/12/1949 DEED 169991 0245-0333 $0
2/23/1949 QUIT CLAIM DEED 167498 0240-0556 $0
Click here to view Property Related Public Documents
No data available for the following modules: Buildings, Sketches.
Assessed Values
Tax History
Transfers
Property Related Public Documents
Photos
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The Gar eld County Assessor's Of ce makes every effort to produce the most accurate
information possible. No warranties, expressed or implied are provided for the data herein, its
use or interpretation. Data is subject to constant change and its accuracy and completeness
cannot be guaranteed.
| User Privacy Policy | GDPR Privacy Notice
Last Data Upload: 1/15/2025, 12:09:17 AM
Contact Us Developed by
1/15/25, 3:52 PM qPublic.net - Garfield County, CO - Property Record Card: R005297
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AYALA VILLAMAN, LORETO & AYALA MO
68 LARKSPUR COURT
SILT CO 81652
DALEY, FRANK G & SHEILA M
4670 COUNTY ROAD 311
NEW CASTLE CO 81647-9621
GOODWIN, KRISTIN MARIE & WILLIAM H
830 COUNTY ROAD 250
SILT CO 81652
JUNGE, TOMMY ALAN & SUSAN K
0688 COUNTY ROAD 250
SILT CO 81652
KESTI, LOREN & KESTI, JESSICA
892 COUNTY ROAD 250
SILT CO 81652
MCKEE, KELLY RAE
0755 COUNTY ROAD 261
SILT CO 81652
MILLER, NATHAN & KELSEY
383 COLUMBINE LANE
SILT CO 81652
MUNOZ, MARTIN VERVEJA & TOOLE, MA
1 COLUMBINE LANE
SILT CO 81652
OCHOA, PRIMITIVO & ELSA
256 COLUMBINE LANE
SILT CO 81652
RED DOG LLC
12144 E WELSH TRAIL
SCOTTSDALE AZ 852595118
EXHIBIT K
Grant of Easements and Declaration of Covenants, Conditions and Restrictions for a
portion of Peach Valley Orchard and the Simon Subdivision Exemption
MOUNTAIN VIEW SUBDIVISION
PRELIMINARY PLAN APPLICATION
ADDENDUM
OWNER: RED DOG, LLC
GARFIELD COUNTY – MARCH, 2025
File # SPPA 01-25-9053
Mark Chain Consulting, LLC
811 Garfield Avenue Carbondale, CO 81623
1
March 23, 2025
Philip Berry, AICP
Planner III – Garfield County -Community Development
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: NTC Letter Mountain View Preliminary Plan – SSPA 01-25-9053
Dear Philip:
In this letter and the attached addendum we will address the 5 items that were
outlined in the NTC letter noted above.
1. All owners need to be included on the mailing labels for notice to owners of
property within 200 feet. Specifically, parcel # 212736101010
Response: The owners of the above-noted parcel were included in the mailing
labels included in the Preliminary Plan application. Please see the annotated list
in Tab 1.
2. A recorded copy of the Statement of Authority Is required:
Response: A copy of the recorded SOA is contained in Tab 2. Reception # 100-
5067
3. The County Attorney’s Office has requested additional clarification on how
mineral research was done, such as deeds reviewed:
Response: The Development Team started this element of the review by
obtaining a new TBD Title Commitment. We reviewed that title commitment
whose order # is GW63018795-3. We reviewed all the listed chain of title
documents and all relevant Schedule B-2 exceptions.
The second part of our analysis was to find any past or current mineral lease
documents that showed up in the records. These were specifically called out in
section 10 of the Preliminary Plan Application and were printed in their entirety as
exhibit H in that document. These include:
Rec # - 694178 - lease with North 27 with Apollo Energy
Rec # - 727431 - transfer of lease from Paul Courier to Kirks
Rec # 727432 - transfer of lease from John Courier to Kirks
Mark Chain Consulting, LLC
811 Garfield Avenue Carbondale, CO 81623
2
Rec # 804309 - Paid up oil and gas lease with Antero Energy entered into on
May 2, 201. This lease was for a five-year term. Section 18 of that lease had a
provision which allowed the lease to be extended for an additional one year with
payment of $400 per acre which needed to be made effective before expiration of
the primary term. Those terms were never activated. Moreover, an addendum
which is part of the original lease and is also included at Reception # 804309
included the days specific statement which is included:
No Objection to Subdivision:
Lessee agrees that it shall not object in any way or to any person, entity or agency, to
any application for subdivision or other land use or development plan that Lessor may
submit or propose for development of or upon the Leased Premises. The subdivision
or other development of the Leased Premises shall not modify any of Lessee's
obligations under the Lease, as modified by this Lease Addendum.
The third task undertaken was coordination with the County Assessor’s Office.
We contacted them to see if they are actively valuing or tracking any severed
mineral interests in the Section/Township’s/Range in which the subject property
is located. And we also inquired from the Assessor’s office whether any mineral
owner for the subject property had filed a request for notification which was to
be provided in the case of any relevant land-use application. No notifications
have been made and the Assessor’s office was not actively tracking any
severed mineral interests in the vicinity of the subject property.
Some relevant deeds that were examined in addition to the documents included
in the Preliminary Plan application and repeated in Tab 3 attached were:
Rec # 726333. Warranty deed - John and Paul Courier to Kirks
Rec # 726336 _ QCD. Couriers to Kirks regarding water rights
Rec # 751281 – SWD - Kirks to Red Dog LLC
Rec # 927184- SWD - Kirks to Kirk Family Trust
Rec # -927932 – QCD - Kirk Family Trust to Red Dog LLC
Please see Tab 3 for some recorded documents and application text that were
included in the Preliminary Plan application and related to Mineral Rights
4. Additional information on the Improvements Agreement is required.
Response: we have put together a draft Development Agreement. It follows the
layout of an earlier Development Agreement between the Froning Family
Subdivision owners and the Garfield County BOCC. That layout seemed more
up-to-date and appropriate than the draft template SIA provided to the
Development Team. See Tab 4
5. The Preliminary Plan must be referred to the Colorado Geologic Survey.
Please complete referral application form for that agency
Mark Chain Consulting, LLC
811 Garfield Avenue Carbondale, CO 81623
3
Response: in reviewing past staff reports and previous application submittals for
the subject property, we found that the Colorado Geologic Survey had previously
reviewed a similar application for this property and provided comments to the
County Staff. This letter dated January 10, 2000 is included in Tab 5. As that
application was for the property in question in a very similar layout and the same
density we hope that you will consider that CGS response sufficient.
Health information in this letter and the other documents included in the
addendum are sufficient for us to move forward to Public Hearing. Please contact
me if you have any questions or wish to discuss any related matters.
Sincerely,
Mark Chain, planner
February 24, 2025 Red Dog LLC 1011 Main Street Carbondale, CO 81623 Mark Chain Consulting LLC 811 Garfield Ave Carbondale, CO 81623
RE: NTC Letter Mountain View Preliminary Plan – SPPA 01-25-9053 Dear Applicant: Garfield County is in receipt of the Mountain View Preliminary Plan Application for a Major Subdivision in the Rural zone district. The following revisions/additional materials are requested: 1. All owners need to be included on the mailing labels for notice to owners of property within 200 feet. Specifically, parcel No. 212736101010. 2. A recorded copy of the Statement of Authority is required. 3. The County Attorney’s Office has requested additional clarification on how mineral research was done, such as deeds reviewed. 4. Additional information on the Improvement’s Agreement is required. At least a complete, draft agreement with updated information shall be provided. A description of what improvements will be installed and how they will be phased should also be provided. If that is not currently possible, please provide more specific information. 5. The Preliminary Plan must be referred to the Colorado Geologic Survey, please complete the referral application form for that agency and see the attached payment directions. We look forward to receiving the revisions and supplemental information and proceeding through the Limited Impact Review Amendment process. Section 4-101 (B)(2)(a) stipulates that the applicant shall correct the deficiencies within 60 calendar days or the application will be deemed withdrawn. If you have any questions or want to request clarification on the above items, , please feel free to contact me directly. Thanks again for your work on getting the application submittals complete. Sincerely, Philip Berry, ACIP Planner III Garfield County – Community Development Pberry@garfield-county.com 970-945-1377 ext 1580
Community Development Department
TAB 1
List of Property Owners within 200 ft. Annotated
AYALA VILLAMAN, LORETO & AYALA MO
68 LARKSPUR COURT
SILT CO 81652
DALEY, FRANK G & SHEILA M
4670 COUNTY ROAD 311
NEW CASTLE CO 81647-9621
GOODWIN, KRISTIN MARIE & WILLIAM H
830 COUNTY ROAD 250
SILT CO 81652
JUNGE, TOMMY ALAN & SUSAN K
0688 COUNTY ROAD 250
SILT CO 81652
KESTI, LOREN & KESTI, JESSICA
892 COUNTY ROAD 250
SILT CO 81652
MCKEE, KELLY RAE
0755 COUNTY ROAD 261
SILT CO 81652
MILLER, NATHAN & KELSEY
383 COLUMBINE LANE
SILT CO 81652
MUNOZ, MARTIN VERVEJA & TOOLE, MA
1 COLUMBINE LANE
SILT CO 81652
OCHOA, PRIMITIVO & ELSA
256 COLUMBINE LANE
SILT CO 81652
RED DOG LLC
12144 E WELSH TRAIL
SCOTTSDALE AZ 852595118
TAB 2
Recorded Statement of Authority – Rec # 1005067
TAB 3
Mineral Rights Background
• Section 10 – Mineral Rights Section in Preliminary Plan Application
• Exhibit H – From Preliminary Plan Application which includes 4 recorded
documents
10. Mineral Rights
Our research indicates that the mineral rights have not been severed with the property. We first
examined all documentation in the B-2 exceptions of the current title commitment. There were two
leases related to mineral rights:
1. Apollo energy entered into a lease with the previous owners of the property, North 27
(Curriers), for a five-year time period which ended January 9, 2009. The terms of the lease were
than taken over by the new owners (Kirks). The following documents are in Exhibit H.
• Rec # 694178 - lease with North 27 – Apollo
• Rec # 727431 and 727432- Transfer of lease to new owners (Kirks
2. Red Dog LLC entered into a 5-year lease with Antero on May 2, 2011. This lease can be found as
Reception 804309. This lease is also found in Exhibit H.
The time frames for each of these leases expired without any action taken by the lessees.
The second thing we have done is contact the Assessor’s office. They are not actively valuing/tracking
ownership of any severed mineral interest in that particular Section/Township/Range. Finally, it appears
no mineral owner for the subject property has filed a request for notification to be provided in the case
of relevant land-use applications.
On the following page you will find attached the Certification of Mineral Owner Research
Mountain View Preliminary Plan 35
Mountain View Preliminary Plan 36
EXHIBIT H
Mineral Rights Documents
HIllR Nf lW W,Nat,M',lf ulf lA'M IN N II Ill
Reception#:727431
07/061200701:59:07PM B:1947P:0390JeanAlberico1of2 Rec Fee:$11.00Doc Fee:0.00GARFIELDCOUNTYCO
ASSIGNMENT OF OIL AND GAS LEASE
For good and valuable consideration,the receipt and sufficiency of which is
acknowledged,North 27, LLC,("Grantor")hereby assigns,without recourse to the
Grantor,allof the Grantor's right,titleand interestas the same may exist as of the date
hereof inand to that certain Oil and Gas Lease with Apollo Energy,LLC,dated January
19, 2006,a memorandum of which isrecorded as Reception No.694178 of the records
of the Clerk and Recorder of Garfield County,to the Grantees as follows:
An undivided 55% of the Grantor's interestin and to said Lease to Terry
Kirk and Julie Kirk as jointtenants,and
An undivided 45% of the Grantor's interestin and to said Lease to Gary A.
Kirk.
The Grantees hereby acknowledge and agree that they accept this assignment
and further,that they are not entitledto any payments made to the Lessor under said
Lease prior to the date hereof. The address of the Grantees is clo Terry Kirk,12144
East Welsh Trail,Scottsdale,AZ 85259.
Dated thistk day of June,2007.
GRANTOR:NORTH 27,LLC
By:/
Paul C.Currier,Member
GRANTEES:
Terr rk J e Kirk,also kn ad &Rirk,
y Terry Kirk,a rney-in fact
Ga Kirk)b ferry Kir ,a 'or y-i t
WIRNfMHli,M',NI'I*W'lRIA'MMh HIll
Reception#:727431
07/06/200701:59:07PM8:1947P:0391JeanAlberico2of2 Ree Fee:$11.00Doc Fee.0.00GARFIELDCOUNTYCO
STATE OF COLORADO )
)ss.
COUNTY OF GARFIELD )
Subscribed,sworn to,and acknowledged before me this day of June,
2007,by Paul C.Currier,Member,of North 27,LLC..
Witness my hand and officialseal,
tary Public 4.*O 4 *
My commission expires:
STATE OF 0 Oradd )
ss..*
COUNTY OF vt 91 )CO
Subscribed,sworn to,and acknowledged before me this day ofJune,
2007,by Terry Kirk for himself and as attorney-in-factforJulie Kirk,also known as Julie
A.Kirk,and Gary A. Kirk.
Witness my hand and officialseal.
Not Public~
My commission expires:
6/23/07-C:\DocumentsandSettings\Defaultuser.server01\MyDocumenis\Assistantl\wpdata\Rbedoc-J\kirk-north27assignmentofoilandgas
lease.wpd
HIll14 W'MNIONIT,NT'HIV'lWIM'NIM H Al ill
Reception#:727432
07/06/200701:59:07PM 8:1947P:0392JeanAlberico
1 of 2 Rec Fee.511.00Doc Fee:0.00GARFIELDCOUNTYCO
ASSIGNMENT OF OIL AND GAS LEASE
For good and valuable consideration,the receipt and sufficiency of which is
acknowledged,North 27, LLC,("Grantor") hereby assigns,without recourse to the
Grantor,allof the Grantor's right,titleand interestas the same may existas of the date
hereof in and to that certain Oil and Gas Lease with Apollo Energy,LLC,dated January
19, 2006,a memorandum of which isrecorded as Reception No. 694178 of the records
of the Clerk and Recorder of Garfield County,to the Grantees as follows:
An undivided 55% of the Grantor's interest in and to said Lease to Terry
Kirk and JulieKirkas jointtenants,and
An undivided 45% of the Grantor's interestinand to said Lease to Gary A.
Kirk.
The Grantees hereby acknowledge and agree that they accept this assignment
and further,that they are not entitledto any payments made to the Lessor under said
Lease prior to the date hereof. The address of the Grantees is clo Terry Kirk,12144
East Welsh Trail,Scottsdale,AZ 85259.
Dated this 17 da of June,2007.
GRANTOR:NORTH 27,L
By:
Jo . rrier
GRANTEES:
Terry Irk ie Kirk,also kn ACKi
by Terry Kirk,a ney-in-fact
G ,Terry tt e
'
fact
HIllW1.NEMMI(.NI',NthlflWWh'Milkh H ill
Reception#:727432
07/06/200701:59:07PM B: 1947P:0393JeanAlberico
2 of 2 Rec Fee:$11.00Doc Fee:0.00GARFIELDCOUNTYCO
STATE OF COLORADO )
)ss.
COUNTY OF GARFIELD )
Subscribed,sworn to,and acknowledged before me t ES day of June,
2007,by John M. Currier.
Witness my hand and officialseal.....
e
ublic m
My commission expires:06 /28 /2008 Oj .*%
STATE OF O.)
)ss.
COUNTY OF yor 2 )
Subscribed,sworn to,and acknowledged before me this day of
2007,by Terry Kirkforhimself and as attorney-in-factforJulie Kirk,also known as Julie
A.Kirk,and Gary A. Kirk.
Witness my hand and officialseal.
No ry Public
My commission expires:/
6/27/07-C:\DocumentsandSettings\Defaultuser.Server01\MyDocuments\Assistantl\wpdatalRbedoc-J\kirk-north27assignmentofoilandgas
lease-wpd
HIllI'lliaM,WWIR.ld@*"14%@*,141%ll111Reception#:80430908/24/201103:08:42PM JeanAlberico1of5ReoFee:$31.00Doc Fee:0.00GARFIELDCOUNTYCO
Producers88-PAIDUP
Revised
PAID-UP OIL AND GAS LEASE
AGREEMENT,Madeandenteredintothe 2nd dayof May ,20 11 ,byandbetween
Red DogLLC,a Coloradolimitedliabilitycompany
whoseaddressis
1011Main Street Carbondale,CO 81623 ,hereinaftercalledLessor(whetheroneormore)and
AnteroResourcesPiceanceCorporation whoseaddressis _162517t"Street,Suite300,Denver,CO 80202
hereinaftercalledLessee:
WITNESSETH,ThattheLessor,forandinconsiderationofTENAND MORE DOLLARS ($10.00+)cashinhandpaid,thereceiptofwhichisherebyacknowledged,andthecovenantsandagreementshereinaftercontained,hasgranted,demised,leasedandlet,andbythesepresentsdoesgrant,demise,leaseandlet
exclusivelyuntothesaidLessee,thelandhereinafterdescribed,withtheexclusiverightforthepurposeofdrilling,mining,exploringbygeophysicalandother
methods,andoperatingforandproducingtherefromoilandallgasofwhatsoevernatureorkind,specificallyincludingcoalbedmethaneandanyandallsubstances
producedinassociationtherewithfromcoal-bearingformations,withrightsofwayandeasementsforroads,layingpipelines,anderectionofstructuresthereonto
produce,saveandtakecareofsaidproducts,allthatcertaintractoflandsituatedintheCountyofGarfieldStateofColorado,describedasfollows,to-wit:
SeeExhibit"A"Attachedheretoandmadea parthereofforLegalDescription
Addendum attachedheretoandmade parthereof
togetherwithanyreversionaryrightstherein,andtogetherwithallstripsorparcelsofland,(not,however,tobeconstruedtoincludeparcelscomprisingaregular40-acrelegalsubdivisionorlotofapproximatelycorrespondingsize)adjoiningorcontiguoustotheabovedescribedlandandownedorclaimedbyLessor,and
containing27.521acres,moreorless.
1. Itisagreedthatthisleaseshallremaininforceforatermoffive(5)yearsandaslongthereafterasoilorgasofwhatsoevernatureorkindisproducedfromsaidleasedpremisesoronacreagepooledtherewith,ordrillingoperationsarecontinuedashereinafterprovided.If,attheexpirationoftheprimarytermofthislease,oilorgasisnotbeingproducedontheleasedpremisesoronacreagepooledtherewithbutLesseeisthenengagedindrillingorre-workingoperationsthereon,thenthisleaseshallcontinueinforcesolongasoperationsarebeingcontinuouslyprosecutedontheleasedpremisesoron acreagepooledtherewith;andoperationsshallbeconsideredtobecontinuouslyprosecutedifnotmorethanninety(90)daysshallelapsebetweenthecompletionorabandonmentofonewellandthebeginningofoperationsforthedrillingofasubsequentwell.Ifafterdiscoveryofoilorgasonsaidlandoron acreagepooledtherewith,theproductionthereofshouldceasefromanycauseaftertheprimaryterm,thisleaseshallnottenninateifLesseecommencesadditionaldrillingorre-workingoperationswithinninety(90)daysfromdateofcessationofproductionorfromdateofcompletionofdryhole.Ifoilorgasshallbediscoveredandproducedasaresultofsuchoperationsatoraftertheexpirationoftheprimarytermofthislease,thisleaseshallcontinueinforcesolongasoilorgasisproducedfromtheleasedpremisesoronacreagepooledtherewith.
Intheeventawellorwellsisdrilledandcompletedonthelands,oronthelandspooledtherewith,forthepurposeofdevelopingcoalbedgas,theword"operations"shallmean,inadditiontothosematterscoveredintheprecedingparagraph.(1)operationsofsaidwellstoremovewaterorothersubstancesfromthecoalbed,ortodisposeofsuchwaterorothersubstances,eventhoughsuchoperationsdonotresultintheproductionofhydrocarbonsinpayingquantities,or(2)shutting-inorotherwisediscontinuingproductionfromsaidwellstoallowforsurfaceorundergroundminingaffectingthedrillsiteorwellbore.2. ThisisaPAID-UPLEASE,Inconsiderationofthedowncashpayment,LessoragreesthatLesseeshallnotbeobligated,exceptasotherwiseprovidedherein,tocommenceorcontinueanyoperationsduringtheprimaryterm.LesseemayatanytimeortimesduringoraftertheprimarytermsurrenderthisleaseastoalloranyportionofsaidlandandastoanystrataorstratumbydeliveringtoLessororbyfilingforrecordareleaseorreleases,andberelievedofallobligationthereafteraccruingastotheacreagesurrendered.
3. InconsiderationofthepremisesthesaidLesseecovenantsandagrees:1st To delivertothecreditofLessor,freeofcost,inthepipelinetowhichLesseemay connectwellsonsaidland,theequaleighteenpercent(18%)partofalloilproducedandsavedfromtheleasedpremises.2nd To payLessorongasandcasingheadgasproducedfromsaidland(1)whensoldbyLessee,eighteenpercent(18%)ofthenetproceedsderivedfromsuchsaleor(2)whenusedbyLesseeoffsaidlandorinthemanufactureofgasolmeorotherproducts,themarketvalue,atthemouthofthewell,ofeighteenpercent(18%)ofsuchgasandcasingheadgas,Lessor'sinterest,ineithercase,tobeareighteenpercent(18%)ofthecostofcompressing,dehydratingandotherwisetreatingsuchgasorcasingheadgastorenderitmarketableorusableandeIghteenpercent(18%)ofthecostofgatheringandtransportingsuchgasandcasingheadgasfromthemouthofthewelltothepointofsaleoruse.3rd To payLessorforg producedfromanyoilwellandusedoffthepremisesorinthemanufactureofgasolineoranyotherproduct,a royaltyof
eighteenpercent 8%)oftheproceeds,atthemouthofthewell,payablemonthlyattheprevailingmarketrate.4.Wheregasfromawellcap leofproducinggasisnotsoldorused,LesseemaypayortenderasroyaltytotheroyaltyownersOneDollarperyearpernetacreretainedhereunder,suchpaymentortendertobemadeonorbeforetheanniversarydateofthisleasenextensuingaftertheexpirationof90daysfromthedatesuchwellisshutinandthereafteronorbeforetheanniversarydateofthisleaseduringtheperiodsuchwellisshutin.Ifsuchpaymentortenderismade,itwillbeconsideredthatgasisbeingproducedwithinthemeaningofthislease.
5. IfsaidLessorownsalessinterestintheabovedescribedlandthantheentireandundividedfeesimpleestatetherein,thentheroyalties(includinganyshut-ingasroyalty)hereinprovidedforshallbepaidtheLessoronlyintheproportionwhichLessor'sinterestbearstothewholeandundividedfee.6.Lesseeshallhavetherighttouse,freeofcost,gas,oilandwaterproducedonsaidlandforLessee'soperationthereon.7.WhenrequestedbyLessor,LesseeshallburyLessee'spipelinebelowplowdepth.8.Nowellshallbedrillednearerthan200feettothehouseorbarnnowonsaidpremiseswithoutwrittenconsentofLessor.9. LesseeshallpayfordamagescausedbyLessee'soperationstogrowingcropsonsaidland.10.Lesseeshallhavetherightatanytimetoremoveallmachineryandfixturesplacedonsaidpremises,includingtherighttodrawandremovecasing.11.TherightsofLessorandLesseehereunderroaybe assignedinwholeorpart.No changeinownershipofLessor'sinterest(byassignmentorotherwise)shallbebindingonLesseeuntilLesseehasbeenfurnishedwithnotice,consistingofcertifledcopiesofallrecordedinstrumentsordocumentsandotherinformationnecessarytoestablishacompletechainofrecordtitlefromLessor,andthenonlywithrespecttopaymentsthereaftermade.No otherkindofnotice,whetheractualorconstructive,shallbebindingonLessee.No presentorfuturedivisionofLessor'sownershipastodifferentportionsorparcelsofsaidlandshalloperatetoenlargetheobligationsordiminishtherightsofLessee,andallLessee'soperationsmaybeconductedwithoutregardtoanysuchdivision.Ifalloranypartofthisleaseisassigned,noleaseholdownershallbeliableforanyactoromissionofanyotherleaseholdowner.12.Lessee,atitsoption,isherebygiventherightandpoweratanytimeandfromtimetotimeasarecurringright,eitherbeforeorafterproduction,astoalloranypartofthelanddescribedhereinandastoanyoneormoreoftheformationshereunder,topoolorunitizetheleaseholdestateandthemineralestatecoveredbythisleasewithotherland,leaseorleasesintheimmediatevicinityfortheproductionofoilandgas,orseparatelyfortheproductionofeither,wheninLessee'sjudgmentitisnecessaryoradvisabletodoso,andirrespectiveofwhetherauthoritysimilartothisexistswithrespecttosuchotherland,leaseorleases.Likewise,unitspreviouslyformedtoincludeformationsnotproducingoilorgas,may bereformedtoexcludesuchnon-producingformations.TheformingorreformingofanyunitshallbeaccomplishedbyLesseeexecutingandfilingofrecordadeclarationofsuchunitizationorreformation,whichdeclarationshalldescribetheunit.Any unitmay includelanduponwhicha wellhastheretoforebeencompletedoruponwhichoperationsfordrillinghavetheretoforebeencommenced.Production,drillingorreworkingoperationsorawellshutinforwantofamarketanywhereonaunitwhichincludesallorapartofthisleaseshallbetreatedasifitwereproduction,drillingorreworkingoperationsorawellshutinforwantofa marketunderthislease.Inlieuoftheroyaltieselsewherehereinspecilled,includingshut-ingasroyalties,Lessorshallreceiveonproductionfromtheunitsopooledroyaltiesonlyontheportionofsuchproductionallocatedtothislease;suchallocationshallbethatproportionoftheunitproductionthatthetotalnumberofsurfaceacrescoveredbythisleaseandincludedintheunitbearstothetotalnumberofsurfaceacresinsuchunit.Inadditiontotheforegoing,Lesseeshallhavetherighttounitize,pool,orcombinealloranypartoftheabovedescribedlandsastooneormoreoftheformationsthereunderwithotherlandsinthesamegeneralareabyenteringintoacooperativeorunitplanofdevelopmentoroperationapprovedbyanygovernmentalauthorityand,fromtimetotime,withlikeapproval,tomodify,changeorterminateanysuchplanoragreementand,insuchevent,theterms,conditionsandprovisionsofthisleaseshallbedeemedmodifiedtoconformtotheterms,conditions,andprovisionsofsuchapprovedcooperativeorunitplanofdevelopmentoroperationand,particularly,alldrillinganddevelopmentrequirementsofthislease,expressorimplied,shallbesatisfiedbycompliancewiththedrillinganddevelopmentrequirementsofsuchplanoragreement,andthisleaseshallnotterminateorexpireduringthelifeofsuchplanoragreement.Intheeventthatsaidabovedescribedlandsoranypartthereof,shallhereafterbeoperatedunderanysuchcooperativeorunitplanofdevelopmentoroperationwherebytheproductiontherefromisallocatedtodifferentportionsofthelandcoveredbysaidplan,thentheproductionallocatedtoanyparticulartractoflandshall,forthe
RetumTo:
AnteroResourcesCorporatzon
P.O.Box1214
HillIF'd5hM M WEt.ld'MER.1M M 5 III
Reception#:894309
06/241201183:09:42PM JeanAlberico
2 of 5 Rec Fee:$31.00DocFee:0.00GARFIELDCOUNTYCO
purposeofcomputingtheroyaltiestobepaidhereundertoLessor,beregardedashavingbeenproducedfromtheparticulartractoflandtowhichitisallocatedandnottoanyothertractofland;andtheroyaltypaymentstobemadehereundertoLessorshallbebaseduponproductiononlyassoallocated.LessorshallformallyexpressLessor'sconsenttoanycooperativeorunitplanofdevelopmentoroperationadoptedbyLesseeandapprovedbyanygovernmentalagencybyexecutingthesameuponrequestofLessee.
13. Whenoperationsorproductionaredelayedorinterruptedbylackofwater,laborormaterial,orbyfire,storm,flood,warrebellion,insurrection,riot,strike,differenceswithworkmen,orfailureofcarrierstofurnishtransportorfurnishfacilitiesfortransportationorlackofmarketinthefieldfortheminerals.produced,orasaresultofanycausewhatsoeverbeyondthecontrolofLessee,thetimeofsuchdelayorinterruptionshallnotbecountedagainstLesseeandthisleaseshallremaininforceduringsuchdelayorinterruptionandninety(90)daysthereafter,anythinginthisleasetothecontrarynotwithstanding.14. Lessorherebywarrantsandagreestodefendthetitletothelandshereindescribed,andagreesthattheLesseeshallhavetherightatanytimetoredeemforLessor,bypayment,anymortgages,taxesorotherliensontheabovedescribedlands,intheeventofdefaultofpaymentbyLessorandbesubrogatedtotherightsoftheholderthereof,andtheundersignedLessors,forthemselvesandtheirheirs,successorsandassigns,herebysurrenderandreleaseallrightofdowerandhomesteadinthepremisesdescribedherein,insofarassaidrightofdowerandhomesteadmayinanywayaffectthepurposesforwhichthisleaseismade,asrecitedherein.
15.Lessorshereinintendtoleaseanyright,titleandinterestLessorsmayhaveinandtoanyandallmineralrightsinandunderallstripsorparcelsoflandincluding,butnotlimitedtostreets,countyroads,highways,railroadstripsand/oranyandallothereasementsandrightsofwaywhatsoever,canals,ditchesandotherwaterwayslyingacrossand/oradjacentand/orinanywayappertainingtothelandshereinabovedescribed,includingwithoutlimitationanylandsacquiredbyaccretionthroughmeanderofwaterways.16.ShouldanyoneormoreofthepartieshereinabovenamedasLessorfailtoexecutethislease,itshallneverthelessbebindinguponallsuchpartieswhodoexecuteitasLessor.Theword"Lessor,"asusedinthisleaseshallmeananyoneormoreorallofthepartieswhoexecutethisleaseasLessor.Alltheprovisionsofthisleaseshallbebindingontheheirs,successorsandassignsofLessorandLessee.17.LessoragreesthatLesseemay locateawellorwellsonanydrillingsitelocatedonanypartofthelanddescribedherein,includingtherighttoasubsurfaceeasementthroughanypartofthelanddescribedherein,whichwellswillbeusedtoaccessthesubsurfaceofadjacentmineralowners.18.Notwithstandinganythingtothecontraryacontainedherein,Lesseehastheoptiontoextendtheprimarytermanadditionalone(1)yearwiththepaymentofanamountequalto$4(10pernetacre,suchainoimtbeingpaidtoLessoronorbeforetheexpirationoftheprimarytermsetforthaboveinparagraph1.SuchpaymentshallbeconsideredtenderedbyLesseeandreceivedbyLessorwhendeposited,postage-paid,intheUnitedStatesmail,orwitha nationallyrecognizedcarrierservice.
19.ShouldLesseebepreventedfromcomplyingwithorfkilfillinganyexpressorimpliedcovenantorotherprovisionofthislease,byreasonofscarcityofofinabilitytoobtainortouseequipmentormaterial,oranyFederalorStateLaw,oranyorder,ruleorregulationofgovernmentalauthority,orduetotheinabilitytoobtainnecessaryadministrativeactionofagovernmentalauthority,.orbyeventsofforcemajeureand/orbysucheventsasarebeyondthereasonablecontrolofLessee,thenwhilesoprevented,thetimewithinwhichLesseemay complywithorfulfillsuchcovenantorotherprovisionshallbesuspended;andthisleaseshallbeextendedwhileandsolongasLesseeispreventedbyanysuchcausefromconductingoperationsonorfromproducingoilorgasfromsaidLand,andforanadditionalninety(90)daysthereafter;andthetimewhileLesseeissopreventedshallnotbecountedagainstLesseeincomputingthetimewithinwhichcomplianceorperformanceoccurred,anythinginthisleasetothecontrarynotwithstairding.20.PreferentialRight.Fortheconsiderationhereinrecited,ifduringthetermofthislease(butnotmorethan20yearsafterthedatehereof)Lessorreceivesabonafideofferfromanypartytopurchaseanewleagecoveringalloranypartofthelandsorsubstancescoveredhereby,andifLessoriswillingtoacceptsuchoffer,thenLessorshallpromptlynotifyLesseeinwritingofthenameandaddressoftheofferor,andofallpertinenttermsandconditionsoftheoffer,includinganyleasebonusoffered.Lesseeshallhavea periodof30daysafter;/receiptofsuchnoticetoexerciseapreferentialrighttopurchaseanewleasefromLessorinaccordancewiththetermsandconditionsoftheoffer,bygivingLessorwrittennoticeofsuchexercise.Promptlythereafter,LesseeshallfurnishtoLessorthenewleaseforexecution,alongwithatimedraftfortheleasebonuscohditioneduponexecutionanddeliveryoftheleasebyLessorandapprovaloftitlebyLessee,allinaccordancewiththetermsofsaiddraft.WhetherornotLekeeexercisesitspreferentialrighthereunder,thenaslongasthisleaseremainsineffectanynewleasefromtheLessorshallbesubordinatetothisleaseandshallnotbeconstruedasreplacingoraddingtoLessee'sobligationshereunder,
INWITNESSWHEREOF,thisinstrme sexecutedasofthedatefirstabovewritten.
TerryA."a ager,Red Dog LLC
ACKNOWLEDGEMENT-INDIVIDUAL
STATEof
COUNTY of /
BEFOREME,theundersignedNotaryPubh,inandforsaidCountyandState,onthis dayof ,20
personallyappeared ff;///,.y {, &VI&ge?,A str-,/.C.
,tome knowntobetheidenticalpersondescribedinandwhoexecutedthewithinandforegoinginstrumentofwritingandacknowledgedtomethathedulyexecutedsameashis freeand
voluntaryactanddeedfortheusesandpurposesthereinsetforthandinthecapacitystatedtherein.
INWITNESSWHEREOF,Ihavehereuntosetmy handandafflxedmynotarialsealthedayandyearlastabovewritten.
My CommissionExpires:
ACKNOWLEDGEMENT-INDIVIDUAL
STATEof
COUNTY of .
BEFOREME,theundersi Public,aidCountyandState,onthis dayof ,200
personallyappeared
,tome knowntobetheidenticalperson
describedinandwhoexecutedthewithinan strumentofwritingandacknowledgedtomethat he_dulyexecutedsameas freeand
voluntaryactanddeedfortheusesandpurposesthereinsetforthandinthecapacitystatedtherein.
INWITNESSWHEREOF,Ihavehereuntosetmy handandaffixedmynotarialsealthedayandyearlastabovewritten.
My CommissionExpires:
NotaryPublic:
Address:
Afterrecordinareturnto:
TexhomaLandConsultants,Inc.
770W.RockCreekRd.#117
Norman,OK 73069
HillihdWAltWMLIN IM'WIM'S IM IM M ill
Reception#:804309
06/241201103:08.42PM JeanAlberico
3 of 5 ReoFee:$31.00Doc Fee:0.00GARFIELDCOUNTYCO
EXHIBIT "A"
Attachedtoand made a partforallpurposestothatcertainoiland gasleasedatedMay 2,2011,by and between
Red Dog LLC,aColoradoLimitedLiabilityCompany,as Lessor,and AnteroResourcesPiceanceCorporation,as
Lessee,coveringlandinGarfieldCounty,Colorado.
DESCRIPTIONOF LANDS
A tractoflandsituatedinthe Northeast% oftheNortheast% ofsection36,Township5 South,Range92West of
the6thPrincipalMeridian,beingmore particularlydescribedasfollows:
Beginningata pointonthe EastlineofsaidNortheast%oftheNortheast%whenceawitnesscornerforthe
NortheastCornerofsaidsection36 bearingNorth01"07'25"East20.00feetfromsaidNortheastCornerbears
North01"07'25"East454.40feet;thenceSouth01"O7'25"West 887.75feettotheSoutheastCornerofsaid
Northeast% oftheNortheast%;thenceSouth89'21'27"West 1350.12feettotheSouthwestCornerofsaid
Northeast%oftheNortheast%;thencealongtheWest lineofsaidNortheast%oftheNortheast%North
01*00'46"East887.78feet;thenceNorth89"21'39"East1351.83feettothepointofbeginning.
AlsoKnown As
Lot4
Simon SubdivisionExemptionPlat
Accordingtothe platrecordedApril21,1999 as ReceptionNo.544219
AllE,FSM,F,%RMIFRIM'M,1MIN HillReception#:80430906/24/201103:08:42PM JeanAlberico4of5ReoFee:531.00Doo Fee:0.00GARFIELDCOUNTYCO
ADDENDUM
THIS ADDENDUM constitutesan integralpart ofthatcertainPaid-Up Oiland Gas
Lease dated May 2,2011,by and between,Red Dog LLC,a Colorado Limited Liability
Company,Lessor,and ANTERO RESOURCES PICEANCE CORPORATION,as
Lessee:
Conflicts In the eventof a conflictbetween the terms ofthisLease Addendum and the
terms of the printedform lease,the terms ofthisLease Addendum shallcontrol.
Surface Use Restrictions:
No well,well pad,road,pipeline,compressor unitsor stations,tanks,structuresor other
surfacefacilityof any kind shallbe placed upon the Leased Premises.No entryon the
surfaceof the leased Premises shallbe permitted and only pooling and directionaldrilling
from neighboring lands shallbe utilizedby Lessee to develop the leasedmineral rights.
Lessor acknowledges thislimitedsurfaceaccess willinhibitLessee's abilityto protectthe
correlativerightsof Lessor and hereby expresslywaives any and allexpress or implied
dutiesof Lessee regarding same.
Deductions:
Lessee shallbear Lessor'sportion ofthecostto gather,dehydrate,process and compress
naturalgas from the wellhead to thefirstinterconnectwith eitheran interstateor
intrastatepipeline.
Protection of Water Wells:
Lessee agrees,to assume liabilityfor any damage caused by Lessee's operations to
Lessor's water well(s)or other water sources servingthe Leased Premises,and shalltake
allnecessary steps to prevent itsoperationsfrom pollutingany water well,water spring
or other water source locatedon the Leased Premises.Lessee shallhire an independent
third-partyexpert(unlesssuch expert is objected to by Lessor,in which case the parties
shallmutually agree upon a differentexpert)to testthe qualityof (a)each ground water
well or spring locatedon the Leased Premises within a one-half (%)mile radiusof any
surface-holelocationof an oiland gas well or other relevantoperationof Lessee,and (b)
any surface water source on the Leased Premises located up to one-half (%)mile
downstream of the historicdrainageroute(s)of a well pad or other relevantoperationof
Lessee.Testing of a water well,water spring or other water source shalloccur (a)prior
to Lessee conducting drillingoperations,(b)upon completion of allwells drilledfrom a
well pad,and (c)any time thereafterwhen Lessee receiveswrittenrequestfrom Lessor to
conduct such testing,but not to exceed once every two (2)years unless otherwise
warranted (by way of example but not limitation,as a resultof a spillor leak of a size
reportableto the Colorado Oil and Gas Conservation Commission).Inthe event such test
resultsconfirm (inthe sole opinion of the third-partyexpert),that any water source was
contaminated or damaged as a resultof Lessee's operations,Lessee agrees to either(a)
drilla new water well on the Leased Premises at Lessee's expense of at leastthe same
qualityand volume as the damaged well priorto Lessee's operations,(b)provide Lessor
a replacement water source ina likevolume tothe damaged water source,atitssource or
ata locationon the Leased Premises requestedby Lessor,or (c)treatthe water from the
contaminated water source to bring itup to the standardsexistingpriorto contamination.
Lessee shallbegin constructionon any new water well or source,as the case may be,
within sixty(60) days afterreceiptof the third-partyexpert'sreport of contamination or
damage,and shallcomplete such constructionwithin six (6)months thereafter.Lessee
shallprovide potable water by truck or other means to Lessor in an amount sufficientto
replacethe damaged water untilsuch remediationiscompleted.
HillIF'dZMEMh,M IBM'l*WSJ*@M Il illReception#:80430906/24/201103:08.42PM JeanAlberico5of5RecFee:$31.00Doo Fee:0.00GARFIELDCOUNTYCO
No Objection to Subdivision:
Lessee agrees thatitshallnot objectin any way orto any person,entityor agency,to any
applicationfor subdivisionor other land use or development plan thatLessor may submit
or propose for development of or upon the Leased Premises. The subdivisionor other
development of the Leased Premises shallnot modify any of Lessee's obligationsunder
the Lease,asmodified by thisLease Addendum.
RED DO LLC Antero Resources Piceance Corporation
.By:
Ter A. i k,ana er
TAB 4
DRAFT DEVELOPMENT AGREEMENT (Between Red Dog LLC and Garfield County BOCC)
1
DEVELOPMENT AGREEMENT
This MOUNTAIN VIEW SUBDIVISION (“Mountain View Subdivision”)
DEVELOPMENT AGREEMENT (“Agreement”) is made and entered into this ____ day of
_________ 2025, by and between RED DOG LLC, a Colorado limited liability company
(“Owner” or “Developer”) and the BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO, a political subdivision of the State of Colorado (referred
to in this Agreement as the “Board” or “County”). For purposes of this Agreement, the Owner and
the Board are individually a “Party” and collectively the “Parties”).
RECITALS
WHEREAS the Developer is the record owner of real property located within Garfield
County, Colorado, as more particularly described in Exhibit A attached hereto (the “Property”);
and
WHEREAS, the Developer is proposing to split the Property into five (5) single-family
residential lots through a major subdivision process with the County (the “Development”); and
WHEREAS, on _________________________, the Board approved a Preliminary Plan
for the Mountain View Subdivision (Resolution No. _____) which, inter alia, would create 5
single-family residential lots; and
WHEREAS, on _________________________, the Board approved a Final Plat for the
subdivision; and
WHEREAS, as a condition of approval of the Final Plat to be 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 five (5) sheets to be recorded with
the Garfield County Clerk and Recorder entitled Final Plat, Mountain View
Subdivision.
2
B. “Plat Documents” mean the Construction Documents for prepared by
____________________ under project number _________, consisting of X pages,
dated _______________, together with the Final Plat.
2. FINAL PLAT APPROVAL. The County hereby accepts and approves the Final Plat for
Mountain View Subdivision, subject to the terms and conditions of this Agreement, the
Preliminary Plan Approval (Resolution No. ________), and the requirements of the
Garfield County Land Use and Development Code.
3. DEVELOPER'S PERFORMANCE. Developer shall cause to be constructed and
installed, at its own expense, those improvements (“Improvements”) related to the Final
Plat for Mountain View Subdivision which are required to be constructed under the
Preliminary Plan Approval, this Agreement, the Final Plat, and all Garfield County Land
Use and Development Code. 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 Land
Use and Development Code 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
Mountain View 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.
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 regulations, 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 Improvements relating to the Development.
3
4. COMPLETION OF IMPROVEMENTS AND LETTER OF CREDIT
The estimated cost of completing the Development, as set forth and certified by a
licensed engineer on Exhibit B attached hereto, is $ XXXXX (such estimate includes
typical construction costs, construction inspection, engineering fees and a 10%
contingency fund).
Letter of Credit. Since the County may in its discretion permit the Developer to
substitute an acceptable alternative for collateral or a Letter of Credit (“LOC”), 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 the only security necessary for the
Project is an LOC to secure the amount estimated in the Engineer's Opinion of Probable
Reclamation Costs attached as Exhibit C.
Reclamation LOC. The purpose of the LOC is to ensure that, if the project
infrastructure cannot be completed on or before one year from the date of the recording of
this Agreement, the LOC funds will be available for returning the site to reasonable and
acceptable conditions. The face amount of the LOC, $ XXXXX, shall be allocated to the
extent necessary for reclamation of disturbed areas within the Subdivision, the costs for
which are detailed in Exhibit C and shall be secured by delivery of a LOC from the Owner
to the Board in the form agreed to be acceptable to the Board, attached to and incorporated
in this Agreement by reference as Exhibit D (“Reclamation LOC”). The Reclamation LOC
shall be valid for one year after the recording of this Agreement or until the recording of
the Final Plat, whichever shall occur first.
Single Request for Release of Reclamation LOC. Following receipt of written
approval of the Community Development Department, the Owner may request release of
the Reclamation LOC and shall do so by means of submission to the Board, through the
Community Development Department, of a Written Request for Release of Reclamation
LOC, in the form attached to and incorporated herein by reference as Exhibit E, along with
certification of completion by the Owner, or Owner's agent with knowledge, and a copy of
the written approval of the Community Development Department. It is understood by the
parties that the Reclamation LOC is not subject to successive partial releases, Further, the
Reclamation LOC and the Board’s associated rights to withdraw funds and bring a court
action may survive final release of the LOC.
Restriction on Final Plat. The Parties understand as part of this approval that the
Final Plat shall not be executed by the County or recorded until the Improvements are in
place and the County accepts the Certificate of Completion from the Project Engineer
which shall be transmitted to the Community Development Department as part of the
process of completion of the subdivision improvements. The County should also have the
ability if they so choose to inspect the site and improvements as part of this completion
process. Final Improvements shall be completed and the Final Plat Filed and Recorded
4
within (1) one year of the execution of this Agreement unless an extension is approved by
the Board.
BOCC's Completion of Reclamation and Other Remedies.
If Owner's reclamation efforts are deemed by the Board to be unsuccessful, in the
sole opinion of the Board upon the recommendation of the Community Development
Department, or if the Board determines that the Owner will not or cannot complete
reclamation, the Board, in its discretion, may withdraw and employ from the Reclamation
LOC such funds as may be necessary to carry out the reclamation work, up to the face
amount of the Reclamation LOC. In lieu of or in addition to drawing on the Reclamation
LOC, the Board may bring an action for injunctive relief or damages for the Owner's failure
to adhere to the provisions of this Agreement related to reclamation. The Board shall
provide the Owner a reasonable time to cure any identified deficiency prior to requesting
payment from the Reclamation LOC or filing a civil action.
Upon completion of all Improvements, Developer shall submit to the Board 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 Board may inspect and review the
improvements.
5. UTILITIES AND WATER SUPPLY. Prior to issuance of any certificates of occupancy
by the County for any homes to be located upon Mountainview 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. 00CWW36 in the state of Colorado District Court Water Division 5. Information and
requirements are included in the Covenants.
6. ROADS. All roads within Mountainview Subdivision shall be dedicated to the
Mountainview Subdivision Homeowners Association, Inc (the “HOA”) for the use and
benefit of the public. The HOA 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 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
5
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-2
School District in a manner as set forth in the Garfield County Land Use and Development
Code. Applicant shall pay $200 per dwelling unit at the time of Building Permit in
accordance with the Garfield County Land Use Development Code, Article 7-404.
9. ROAD IMPACT FEES. The Property is located within the District 2 N Benefit Area. As
such, Road Impact Fees will be paid in accordance with Article 7-401(C)(1) and
accordance to the fee schedule in effect at the time of Building Permit.
10. COMPLIANCE WITH FIRE DISTRICT REQUIREMENTS. The Colorado River
Fire Protection District (“District”) has approved inclusion of the Mountainview
Subdivision in the District. The Developer shall comply with all provisions of the District’s
approval, including, without limitation, that the Developer shall pay any impact fees to the
District in effect at the time of Final Plat approval and all residences within the Subdivision
will be required to install fire sprinklers.
11. SALE OF LOTS. Except for the entirety of the Property, no lots, tracts, or parcels within
Mountainview Subdivision may be separately conveyed prior to recording of the Final Plat
for Mountain View Subdivision with the Garfield County Clerk and Recorder’s Office.
12. 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 Mountainview
Subdivision. Further, the parties agree that no certificates of occupancy shall issue for any
buildings or structures, including residences, within Mountainview 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 F concerning the restrictions upon issuance of building
permits and certificates of occupancy detailed in this Agreement, Final Plat Approval and
Preliminary Plan Approval.
13. ENFORCEMENT. In addition to any rights which may be provided by statute, the
withholding of building permits and certificates of occupancy provided for in paragraph 12
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
6
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.
14. 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
Mountainview 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 Final 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.
15. 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 Mountainview Subdivision. Such recording shall constitute
notice to prospective purchasers or other interested parties as to the terms and provisions
thereof.
16. 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.
17. 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: Red Dog, LLC
C/O Mark Chain Consulting, LLC
811 Garfield Avenue
Carbondale, CO 81623
If to the County: Board of County Commissioners of Garfield County
c/o Community Development Director
7
108 Eighth Street, Room 401
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. The Parties hereby agree that venue for any cause of action arising out of, or
related in any way to, this Agreement shall lie exclusively with the District Court for
Garfield County, Colorado.
IN WITNESS WHEREOF, the parties have signed this Agreement to be effective upon the date
first set forth above.
[signature page to follow]
TAB 5
LETTER FROM COLORADO GEOLOGIC SURVEY – DATED 1/10/2000
...4
STATE OFCOLOTUDO
iOTORADO GEOLOG ICAL SURVEY
iirition of Minerals and GeologY
Department of Natural Resources
Iiii sh.t-"n street, Room 715
Denver, Colorado 80203
Phone: (3O3) 866'2611
FAX: (303) 866'2461
JanuarY 10,2000
JeffLaurien
Garfield County Planning Deparhnent
109 86 Stree! Suite 303
Glenwood SPrings, Colorado 81601
DEPARTI\4ENT OF
NATLTRAL
RESOIJRCES
Bill Owens
Governor
Greg E. Walcher
Execullve Dircctor
Michael B. Long
Division Dire(tol
Vicki Covvarr
State Gcolotist
and Director
1Re: North 27 Subdivision.'Southwest of intersection of c',R' 250 and c'R- 261' Garfield
'CountY.
DearMr. Laurien:
GA-00-0007
GABFIEI.D COUNTY
FLANTJING DEPARTMENT
109 8TH ST.. SI.ETE 303
GLENI'UOOD SPRINGS, CO 81EOI
At your request and in accordance with Senate Bill 35 (1972) we have reviewed the materials
submitted for and made a field inspection on January 5,2OOO'of the proposed subdivision'
The following materials were reviiwed: The Preliminary Plan Submittal (12120199)' The
following comments summarize our findings'
Overview
The generalized surficial deposits at the approximately 2g-acre site consist of sandy silts *ittr
occasionar angurar and rounded graversizea materiar. The surficial soils consist of eolian
(wind_deposited) sandy-sitts anllebris fan materials. Field observation indicated the s,rface
materials would probably exhibit low to moderate expansive characteristics. The site is
currently covered with native grasses. The area dips io the south and has multiple unlined
il;;r# cu*r, that cross the-site. Two main ""n"lr
trend northeast-southwest and were
approximatety..par'Atet to each. Both of the canals (ditches) had water flow at the time of the
fierd visit. cattails and other water dependant r"g"tution indicated the two canals were small
wetland areas. The western most cani *u, uppto*im3tely 20 feetdeePlnd the eastern canal
was approxi-ut tf S feet deep. The area **'"ou.r"d with six inches of snow at the time of
, the field visit.
RECEIVIDJAI'| 182000
*a_l
.<L
The Geologic Report (HP Geote cb,llll6l99) approprytely recognizes that the soils at the
site have the potJntial for collapse *alot t"tit"-"'n Ttreieport rgco-1nme;nds that if
settlement pror," ,oir' are presenl, P;t;"1;;-1i1g-11by Control of landscape irrigation
near buildirgr. Th;;"p"riAso indcates that compressibll soils may have to be excavated
and replac"a *itu "o*p""t"d
structural fill. The riport also discourages basement level
constnrctioo O.r"io tU" ttigh gr- oundwater level' The CGS concurs with the
recornmenaationsJn trr"iF 6r"orogi, n"p"rt. However, it is a CGS recornrnendation that a
qualified g"ot""hrilal and/or toiltir6iJ"irecorrmend an appropriate building fo,ndation
desieur based "" ;;;;;h"iot irr.rtEutionsincelhe sub-surface materials at the site may
;;il;;ll"# and/or settlement when loaded'
Surface and Ground Water Considerations
The Drainage plan @esource Engineering Inc., 11/13199) apptopriately makes a
recommendation foi an intercepG ,*r"-uorojs the norttr end of Lots A, c and E to mitigate
1 against oFsite drainage imaacts.-edditionally, the report r@otnmends that constnrcting
. , drainage swales;.*?tuiiding f;ilti;* (i.e. m"irtai"i"g positive drainage) helps to
mitigate against fil;trg;ithe-residential struct,res' Additionally' it is a CGS
recommenaation oat su6-surface p"ri*"* drains shourd be installed around building
struct,res to r"ar* tr* wetting ofrrurrrr""" soils to minimize the risk of settlement and/or
expansion orrc suustrface *ilr. aJ[tionally, it is a cGS recommendation that roof
downspouts ana arains be located ; i;iio f# to' building foundations and flatwork
areas, which mirrimires the wetting oi.,rUr".f"ce soils. Vegetation and subsequent irrigation
should also be discouraged within 10 feet of building structures'
At this time if the recorrmendations made above and those stated in the Preliminary Plan
Submittal *" uadrlrred and made "onditio^
of approval for this subdivision, then we have
no geology-rrfuira Gections. pf*"e ao not hesiiate to contact this office if you have any
questions slogmments
tum.ld County Pl anning Departrnent
January 10,2000
Page2
Foundation Considerations
SincerelY,
Ben Arndt
Geological Engineer
a1\
ParcelId OwnerName OwnerAddress1 OwnerAddress2 OwnerAddress3 OwnerCityStZip Country
R005294 KESTI, LOREN & KESTI, JESSICA 892 COUNTY ROAD 250 SILT CO 81652
R005295 GOODWIN, KRISTIN MARIE & WILLIAM HOWARD 830 COUNTY ROAD 250 SILT CO 81652
R005301 MUNOZ, MARTIN VERVEJA & TOOLE, MARIA ELE 1 COLUMBINE LANE SILT CO 81652
R005296 JUNGE, TOMMY ALAN & SUSAN K 0688 COUNTY ROAD 250 SILT CO 81652
R200792 MCKEE, KELLY RAE 0755 COUNTY ROAD 261 SILT CO 81652
R005308 OCHOA, PRIMITIVO & ELSA 256 COLUMBINE LANE SILT CO 81652
R005307 MILLER, NATHAN & KELSEY 383 COLUMBINE LANE SILT CO 81652
R005302 AYALA VILLAMAN, LORETO & AYALA MOROYOQUI 68 LARKSPUR COURT SILT CO 81652
R005297 RED DOG LLC 12144 E WELSH TRAIL SCOTTSDALE AZ 852595118
R200379 DALEY, FRANK G & SHEILA M 4670 COUNTY ROAD 311 NEW CASTLE CO 81647-9621
Click to Show Photos
Account Number Owner Property Address City Map
R005294 KESTI, LOREN & KESTI, JESSICA 892 250 COUNTY RD SILT Map
R005295 GOODWIN, KRISTIN MARIE & WILLIAM HOWARD 830 250 COUNTY RD SILT Map
R005296 JUNGE, TOMMY ALAN & SUSAN K 688 250 COUNTY RD SILT Map
R005297 RED DOG LLC 0 SILT Map
R005301 MUNOZ, MARTIN VERVEJA & TOOLE, MARIA ELE 1 COLUMBINE LN SILT Map
R005302 AYALA VILLAMAN, LORETO & AYALA MOROYOQUI 68 LARKSPUR CT SILT Map
R005307 MILLER, NATHAN & KELSEY 383 COLUMBINE LN SILT Map
R005308 OCHOA, PRIMITIVO & ELSA 256 COLUMBINE LN SILT Map
R200379 DALEY, FRANK G & SHEILA M 632 228 COUNTY RD SILT Map
R200792 MCKEE, KELLY RAE 755 261 COUNTY RD SILT Map
10 ResultsProperty Results
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information possible. No warranties, expressed or implied are provided for the data herein, its
use or interpretation. Data is subject to constant change and its accuracy and completeness
cannot be guaranteed.
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