HomeMy WebLinkAboutpitkin.eh.246721203006 (2015)� iTxiN
COUNT
ASITE WASTEWATER TREATIVo _,4T SYSTEM (OWTS)
CONSTRUCTION PERMIT
76 Service Center Rd- Aspen, CO - 81611
Phone: 970.920.5070 Fax: 970.920.5374
Permit #: 0020.2015.POWT Parcel ID #:
2467-212-03-006
Permit Issued: ®NEW [-]REPAIR ❑REMODEL/ADDITION ❑TANK ONLY ❑FIELD ONLY ❑AMENDMENT
Owner(s): Landers Family Properties, LLC
Property Address: 301 Tejas Trail
Legal Description: Lot 6, Roaring Fork Meadows
Size of Lot: 5
Size of Buildinq:
5131 ft2
Acres Detached Accessory Unit:
Sq. Ft. Size of Accessory
This system is designed to serve 4 bedrooms.
Designed By
Phone #:
Fax #:
Mt. Cross Engineerir
970-945-5544
Project #:
Mailing Address:
Email Address:
Perc Rate: Profile Hole Depth: 8'
Minimum Tank Capacity: 1250 gallons
Sq. Ft.
556-005 Dated: 6/12/15
826'/ Grand Ave, Glenwood Springs
Depth to Groundwater or 8'
Minimum Absorption 630 ft2w/ reductions
Permit Conditions:
This OWTS Construction Permit is approved on the condition of compliance with the engineer design as submitted with the application and the
specifications cited above. Changes must be approved by this Department and the engineer prior to construction.
This system will consist of a 1250 gallon, 2 compartment, concrete tank. Risers must be accessible from grade and an
effluent filter must be installed in the outlet tee. The tank will flow to a dosing tank which will house a dosing siphon. The
dosing siphon will then flow to a distribution box (accessible from grade) which will evenly distribute effluent to 3 rows of
trenches. Each trench will consist of 18 "quick -4" chambers, observation ports must be installed at both ends of each
trench. Trenches must be separated by at least 6 feet of undisturbed soil.
This Permit must be kept on-site during installation. The engineer must do a final inspection of the installation and submit an "as -built" letter to this
Department within 30 days of the final inspection, unless a longer period of time has been agreed upon, in writing. This Department must also be called
for the final inspection with a minimum of 48 hours notice.
Minimum horizontal distances between components of the system and physical features shall conform to the requirements of the Pitkin County OWTS
Regulation.
This Permit is conditioned upon the property owner(s) providing for regular inspection, cleaning, and maintenance of the system by qualified personnel, in
accordance with the manufacturer's recommendations and the requirements of the Pitkin County OWTS Regulation. Issuance of this OWTS Construction
Permit does not constitute a guarantee, warranty, or representation by the Department that the system will operate properly or will not fail. Issuance of
this permit does not imply compliance with Pitkin County building and/or land use regulations, nor guarantee issuance of building and/or land use permits.
THIS PERMIT IS EXPRESSLY CONDITIONED UPON COMPLIANCE WITH ALL REQUIREMENTS OF THE PITKIN
COUNTY OWTS REGULATION, INCLUDING BUT NOT LIMITED TO THOSE CONDITIONS SPECIFIED ABOVE.
Plans and specifications for the proposed OWTS have been reviewed and are considered satisfactory. Permission is
hereby given to the property owner(s) to perform the work indicated in accordance with the Pitkin County OWTS
Regulation. This Permit will expire 1 year from the date of issuance unless construction on the system has commenced.
An "as -built" drawing must be submitted and approved by EH before final approval of the system will be issued.
Issued By: Bryan Daugherty, REHS Date: 7/6/15 Expires: 7/6/16
In �License #:
U QA �
Reactivation Authorized by:
Final Approva"ssueh By: Date: !
New Expiration Date: FeeP4d
U
Ov4SITE WASTEWATER TREATMENT SYSTEM (OWTS)
O CONSTRUCTION PERMIT APPLICATION
EH/NR
76 Service Center Rd - Aspen, CO - 81611
Phone: 970.920.5070 Fax: 970.920.5374
Parcel ID# (available from the Pitkin County Assessor's Office 246721203006-
970-920-5160 or at www. oitkinassessor. org):
Purpose of Permit: [3 NEW ❑ REPAIR DUE TO FAILURE ❑ REMODEL/ADDITION ❑ TANK ONLY ❑ FIELD ONLY
Cost of System Repair or Remodel/Addition (approximate):
$20,000-$25,000
Property Address: 301 Tejas Trail
Lot: 6 Block: Filing: Subdivision: Roaring Fork Meadows
PropertyOwner(s)*: Landers Family Properties, LLC Email Address: jlandll@aol.com
Owner's Mailing Address: 2005 Canal Pointe City, State, Zip:
Little Rock, AR 72202
Home Phone: 1-501-680-3323 Business Phone:
*Contact information must be provided for the owner signing this application
Primary Contact Person/Applicant (if not owner): Dan Gruenefeldt
Company: Gruenefeldt Construction
Contact/Applicant Mailing Address: PO Box 1919
City, State, Zip: Basalt CO 81621
Cell Phone: 970-379-6565
Business Phone:
Fax Number
Email Address: dan@gruenefeldt.com
uilding Permit # (if applicable):
of Size (in acres): 5
ize of Building (square feet): 5131 sq. feet Number of Potential Bedrooms: 4 bedroom
ietached Accessory Unit? El YES [3 NO Size of Accessory Unit (square feet):
lumber of Potential Bedrooms In or Fixture List for the Accessory Unit:
Vater Source:
LI PRIVATE WELL ❑ SURFACE WATER ❑ SPRING ❑ COMMUNITY/PUBLIC WATER SYSTEM
lame of Community/Public Water System (if applicable):
ngineering Firm: Job Number: Phone Number Fax Number:
t. Cross Engineering, Inc. 556-005 970-945-5544
lailing Address: City, State, Zip:
326 1/2 Grand Ave. Glenwood Springs, CO 81601
PLEASE READ BEFORE SIGNING:
I certify that the above information is complete and accurate and that I have provided complete and accurate information in all of the documents
included in my application package. I acknowledge that EH/NR may revoke any permit I am issued if my application is found to contain any
inaccurate, false, or misleading information. I understand that no construction may be undertaken on an OWTS until an OWTS Construction Permit is
issued.
Owner Signal (Required): D
I
p i nt Sign re: bat, ^e
lil
FOR OFFICE USE ONLY
Received by EN/HR Staff: Fee & Receipt #: Date:
ce - Admin\forms\OWTS Const Forms\OWTS construction permit appl
MOUNTAIN CROSS
ENGINEERING, INC.
Civil and Environmental Consulting and Design
May 17, 2016
Mr. Kurt Dahl
Pitkin County Environmental
Health Department
76 Service Center Road
Aspen, CO 81611
RE: Review of OWTS for 301 Tejas Trail, Permit #0020.2015.POWT: Landers Residence
Dear Mr. Dahl:
The purpose of this memo is to confirm that on Monday, March 28`I', 2016 and on Wednesday,
April 6"', 2016, Mountain Cross Engineering, Inc. reviewed the construction of the OWTS for
the Landers Residence at 301 Tejas Trail.
The construction of the OWTS was performed by: Stutsman Gerbaz Eartlunoving Inc. by Mr.
Greg Gerbaz, 30376 State Highway 82, Snowmass, CO, 81654, Phone #(970)-922-9862.
The required setbacks were met, the well is located over 300' to the northeast of the OWTS on
Lot 7, and the construction was within the fencing that was stated to represent the activity
envelope. Attached are pictures that were taken by this office.
In the professional opinion of Chris Hale, as a professional engineer licensed in the State of
Colorado, #35964, and a representative of Mountain Cross Engineering, Inc, it appeared to be
installed per the plans prepared by Mountain Cross Engineering, Inc. except as noted on the
attached as -built drawing.
Feel free to call if any of the above needs clarification or if you have any questions or comments.
Sincerely, ,
MountaCross Engine rin ;Inc.
rLf
Chris ale, PE
Attachments
C: Mr. Dan Gruenefeldt via email
Mr. Charlie Montover via email
826'/2 Grand Avenue, Glenwood Springs, CO 81601
P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com
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HEPWORTH-PAWiAK GEOTECHNICAL
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ax: 970-945-3434
SUBSOIL STUDY
FOR FOUNDATION DESIGN
PROPOSED RESIDENCE
LOT 6, ROARING FORK MEADOWS
102 SHERMAN LANE
PITKIN COUNTY, COLORADO
JOB NO. 114 362A
SEPTEMBER 26, 2014
PREPARED FOR:
GRETCHEN GREENWOOD ARCHITECT, INC.
ATTN: GRETCHEN GREENWOOD
210 SOUTH GALENA STREET, SUITE 30
ASPEN, COLORADO 81611
(,01"V lm ood6d,Lggaaspen.com)
Parker 303-841-7119 0 Colorado Slrin;s 719-6.33-5562 0 Silverthorne 970-468-1959
TABLE OF CONTENTS
PURPOSE AND SCOPE OF STUDY........................................................................ 1 -
PROPOSED CONSTRUCTION............................................................................... 1 -
SITECONDITIONS........................................................................................- 2 -
FIELD EXPLORATION.........................................................................- 2 -
SUBSURFACE
-
SUBSURFACE CONDITIONS.................................................................- 2 -
DESIGN
-
DESIGN RECOMMENDATIONS..........................................................................- 3 -
FOUNUA"I'IONS............................................................................. - 3 -
FLOORSLABS................................................................................- 4 -
UNDERDRAIN SYSTEM................................................................... 4 -
SURFACE DRAINAGE..................................................................... 5
PERCOLATION TESTING................................................................. 6
LIlvIITATIONS..............................................................................................- 6 -
FIGURE 1 - LOCATION OF EXPLORATORY BORINGS
FIGURE 2 - LOGS OF EXPLORATORY BORINGS
FIGURE 3 - LEGEND AND NOTES
FIGURES 4 and 5 - SWELL -CONSOLIDATION TEST RESULTS
FIGURE 6 -- GRADATION TEST RESULTS
TABLE 1- SUMMARY OF LABORATORY TEST RESULTS
TABLE 2- SUMMARY OF PERCOLATION TEST RESULTS
PURPOSE AND SCOPE OF STUDY
This report presents the results of a subsoil study for a proposed residence to be located at
Lot 6, Roaring Fork Meadows, 102 Sherman Lane, Pitkin County, Colorado. The project
site is shown on Figure 1. The purpose of the study was to develop recommendations for
the foundation design. The study was conducted in accordance with our proposal for
geotechnical engineering services to Gretchen Greenwood Architects, Inc. dated August
26, 2014.
A field exploration program consisting of exploratory borings was conducted to obtain
information on the subsurface conditions. Samples of the subsoils obtained during the
field exploration were tested in the laboratory to determine their classification,
compressibility or swell and other engineering characteristics. The results of the field
exploration and laboratory testing were analyzed to develop recommendations for
foundation types, depths and allowable pressures for the proposed building foundation.
This report summarizes the data obtained during this study and presents our conclusions,
design recommendations and other geotechnical engineering considerations based on the
proposed construction and the subsurface conditions encountered.
PROPOSED CONSTRUCTION
The proposed residence will be one story wood frame construction above a crawlspace
with an attached garage. Garage floor will be slab -on -grade. Grading for the structure is
assumed to be relatively minor with out depths between about 3 to 5 feet. The building
will be located on the site as shown on Figure 1. We assume relatively light foundation
loadings, typical of the proposed type of construction.
If building loadings, location or grading plans change significantly from those described
above, we should be notified to re-evaluate the recommendations contained in this report.
Job No. 114 362A _ f M ecn
-2 -
SITE CONDITIONS
The property is currently irrigated pasture vegetated with grass and weeds. The site is
located in the Roaring Fork River Valley bottom and the ground surface is relatively flat
with a gentle slope down to the west at a grade of 4 to 5 percent. An irrigation ditch is
located along Tejas Trail.
FIELD EXPLORATION
The field exploration for the project was conducted on September 4, 2014. Three
exploratory borings were drilled at the locations shown on Figure 1 to evaluate the
subsurface conditions. A profile boring was drilled and three percolation test holes
excavated in the septic disposal area. The borings were advanced with 4 inch diameter
continuous flight augers powered by a truck -mounted CME -45B drill rig. The borings
were logged by a representative of Hepworth-Pawlak Geotechnical, Inc.
Samples of the subsoils were taken with 1% inch and 2 inch I.D. spoon samplers. The
samplers were driven into the subsoils at various depths with blows from a 140 pound
hammer falling 30 inches. This test is similar to the standard penetration test described
by ASTM Method D-1586. The penetration resistance values are an indication of the
relative density or consistency of the subsoils. Depths at which the samples were taken
and the penetration resistance values are shown on the Logs of Exploratory Barings,
Figure 2. The samples were returned to our laboratory for review by the project engineer
and testing.
SUBSURFACE CONDITIONS
Graphic logs of the subsurface conditions encountered at the site are shown on Figure 2.
The subsoils below about one foot of topsoil consist of 9 to 18 feet of sandy silty clay
overlying relatively dense silty sandy gravel with cobbles and boulders. The depth to
granular soils was variable and ranged from 10 to 19 feet. Drilling in the dense granular
soils with auger equipment was difficult due to the cobbles and boulders and drilling
refusal was encountered in the deposit.
Job No. 114 362A GggteCh
IBM
Laboratory testing performed on samples obtained from the borings included natural
moisture content and gradation analyses. Results of swell -consolidation testing
performed on relatively undisturbed drive samples of the sandy silty clay, presented on
Figures 4 and 5, indicate low to moderate compressibility under conditions of loading and
wetting. Results of gradation analyses performed on a small diameter drive sample
(minus 1% inch fraction) of the coarse granular subsoils are shown on Figure 6. The
laboratory testing is summarized in Table 1.
Free water was encountered in the Borings 1 and 2 following drilling and the upper
subsoils were slightly moist to moist.
DESIGN RECOMMENDATIONS
FOUNDATIONS
Considering the subsurface conditions encountered in the exploratory borings and the
nature of the proposed construction, we recommend the building be founded with spread
footings bearing on the sandy silty clay soils.
The design and construction criteria presented below should be observed for a spread
footing foundation system.
1) Footings placed on the undisturbed natural soils should be designed for an
allowable bearing pressure of 1,200 psf. Based on experience, we expect
settlement of footings designed and constructed as discussed in this
section will be about 1 inch or less.
2) The footings should have a minimum width of 18 inches for continuous
walls and 2 feet for isolated pads.
3) Exterior footings and footings beneath unheated areas should be provided
with adequate soil cover above their bearing elevation for frost protection.
Placement of foundations at least 42 inches below exterior grade is
typically used in this area.
Job No. 114 362A
-4-
4) Continuous foundation walls should be reinforced top and bottom to span
local anomalies such as by assuming an unsupported length of at least 12
feet. Foundation walls acting as retaining structures should also be
designed to resist a lateral earth pressure corresponding to an equivalent
fluid unit weight of at least 50 pcf.
5) All existing topsoil and any loose or disturbed soils should be removed
and the footing bearing level extended down to the relatively undisturbed
soils. The exposed soils in footing area should then be moistened and
compacted.
6) A representative of the geotechnical engineer should observe all footing
excavations prior to concrete placement to evaluate bearing conditions.
FLOOR SLABS
The natural on-site soils, exclusive of topsoil, are suitable to support lightly loaded slab -
on -grade construction. To reduce the effects of some differential movement, floor slabs
should be separated from all bearing walls and columns with expansion joints which
allow unrestrained vertical movement. Floor slab control joints should be used to reduce
damage due to shrinkage cracking. The requirements for joint spacing and slab
reinforcement should be established by the designer based on experience and the intended
slab use. A minimum 4 inch layer of free -draining gravel should be placed beneath slabs
to act as a break for capillary moisture rise. This material should consist of minus 2 inch
aggregate with at least 50% retained on the No. 4 sieve and less than 2% passing the No.
200 sieve.
All fill materials for support of floor slabs should be compacted to at least 95% of
maximum standard Proctor density at a moisture content near optimum. Required fill can
consist of the on-site soils devoid of vegetation and topsoil.
UNDERDRATN SYSTEM
Although free water was encountered below expected excavation depths during our
exploration, it has been our experience in the area that local perched groundwater can
Job No. 114 362A Gtech
MM
develop during times of heavy precipitation or seasonal runoff. Frozen ground during
spring runoff can create a perched condition. Shallow ground water can also develop
during the irrigation season. We recommend below -grade construction, such as retaining
walls and crawlspace areas, be protected from wetting and hydrostatic pressure buildup
by an underdrain system.
The drains should consist of drainpipe placed, in the bottom of the wall backfill
surrounded above the invert level with free -draining granular material. The drain should
be placed at each level of excavation and at least 1 foot below lowest adjacent finish
grade and sloped at a minimum 1% to a suitable gravity outlet or sump and pump. Free -
draining granular material used in the underdrain system should contain less than 2%
passing the No. 200 sieve, less than 50% passing the No. 4 sieve and have a maximum
size of 2 inches. The drain gravel backfill should be at least 1 Meet deep.
SURFACE DRAINAGE
The following drainage precautions should be observed during construction and
maintained at all times after the residence has been completed:
1) Inundation of the foundation excavations and underslab areas should be
avoided during construction.
2) Exterior backfill should be adjusted to near optimum moisture and
compacted to at least 95% of the maximum standard Proctor density in
pavement and slab areas and to at least 90% of the maximum standard
Proctor density in landscape areas.
3) The ground surface surrounding the exterior of the building should be
sloped to drain away from the foundation in all directions. We
recommend a minimum slope of 6 inches in the first 10 feet in unpaved
areas and a minimum slope of 3 inches in the first 10 feet in paved areas.
Free -draining wall backfill should be capped with about 2 feet of the on-
site soils to reduce surface water infiltration.
4) Roof downspouts and drains should discharge well beyond the limits of all
backfill.
Job No. 114 362A Ggtech
V •
PERCOLATION TESTING
Percolation tests were conducted on September 5, 2014 to evaluate the feasibility of an
infiltration septic disposal system at the site. One profile boring and three percolation
holes were drilled at locations as shown on Fig. 1. The test holes were drilled with 6 inch
diameter auger and were soaked with water one day prior to testing. The soils
encountered in the percolation holes are similar to those encountered in the Profile Hole
shown on Fig. 2 and consist of about one foot of topsoil overlying sandy silty clay
(USDA -Loam).
The percolation rate varied from 10 to 24 minutes per inch and the percolation test results
are presented in Table 11. Based on the subsurface conditions encountered and the
percolation test results, the tested area should be suitable for a conventional infiltration
septic disposal system. A civil engineer should design the infiltration septic disposal
system.
LIMITATIONS
This study has been conducted in accordance with generally accepted geotechnical
engineering principles and practices in this area at this time. We make no warranty either
express or implied. The conclusions and recommendations submitted in this report are
based upon the data obtained from the exploratory borings drilled at the locations
indicated on Figure 1, the proposed type of construction and our experience in the area.
Our services do not include determining the presence, prevention or possibility of mold
or other biological contaminants (MOBC) developing in the future. If the client is
concerned about MOBC, then a professional in this special field of practice should be
consulted. Our findings include interpolation and extrapolation of the subsurface
conditions identified at the exploratory borings and variations in the subsurface
conditions may not become evident until excavation is performed. If conditions
encountered during construction appear different from those described in this report, we
should be notified so that re-evaluation of the recommendations may be made.
Job No. 114 362A G69tech
0
-7-
This report has been prepared for the exclusive use by our client for design purposes. We
are not responsible for technical interpretations by others of our information. As the
project evolves, we should provide continued consultation and field services during
construction to review and monitor the implementation of our recommendations, and to
verify that the recommendations have been appropriately interpreted. Significant design
changes may require additional analysis or modifications to the recommendations
presented herein. We recommend on-site observation of excavations and foundation
bearing strata and testing of structural fill by a representative of the geotechnical
engineer.
Respectfully Submitted,
HEPWORTH - PAWLAK GEOTECHNICAL, INC.
Louis E. Eller
Reviewed by:
Daniel E. Hardin, P.Eg "
LEE/ksw y
cc: Mountain Cross Eri i�u „ is Hale (chrisOmmountaincross-eng, coin)
Ken Garvik — (,nen
arvikasmail.com)
Craig Corona (cc ,craigcoronalaw.com)
Richard Camp (richard rcla(cr7 it com)
Job No. 114 362A
Li
BORING 1 BORING 2 BORING 3 PROFILE BORING
ELEV.= 6808' ELEV.= 6806' ELEV.= 6803' ELEV.= 6799'
6810
6805 P_ 4/12
WC -16.4
DD=106
4/12
FINISH FLOOR ELEVATION = 6805'
6785
114362
M.
6/12
4/12
DD=107
WC=17.1
c
6800
DD=109
w
8/12 6795
w
4/12
WC -10.1
WC=16.2
01
24/12
0
SAND= 34%
SILT= 47%
8/12
6790
WC=18.3
w
6795 1
-200=47
1
6/12 _
WC=17.4 ol 1/12
-200=38
6790
10
50/6
WC=4.9
-200=23
6785
114362
M.
6/12
WC=17.1
DD=107
c
-200=76
0
8/12 6795
w
4/12
WC -10.1
WC=16.2
GRAVEL= 1%
DD -108
SAND= 34%
SILT= 47%
CLAY= 18%
6790
16/6,20/2
Note: Explanation of symbols is shown on Figure 3.
LOGS OF EXPLORATORY BORINGS I Figure 2
0
LEGEND:
TOPSOIL; organic sandy silt and clay, firm, slightly moist, dark reddish brown.
CLAY (CL); sandy, silty, scattered gravel, variable density of soft to very stiff, moist to wet with depth, red -brown.
GRAVEL (GM -GP); with cobbles and boulders, sandy, silty, dense, wet, mixed gray and brown.
Relatively undisturbed drive sample; 2 -inch I.D. California liner sample.
Drive sample; standard penetration test (SPT), 1 3/8 inch I.D. split spoon sample, ASTM D-1586.
4/12 Drive sample blow count; indicates that 4 blows of a 140 pound hammer falling 30 inches were
required to drive the California or SPT sampler 12 inches.
Q'2 Free water level in boring and number of days following drilling measurement was taken.
TPractical drilling refusal.
NOTES:
1. Exploratory borings were drilled on September 4, 2014 with 4 -inch diameter continuous flight power auger.
2. Locations of exploratory borings were measured approximately by pacing from features shown on the site plan
provided.
3. Elevations of exploratory borings were obtained by interpolation between contours shown on the site plan provided.
4. The exploratory boring locations and elevations should be considered accurate only to the degree implied by the
method used.
5. The lines between materials shown on the exploratory boring logs represent the approximate boundaries between
material types and transitions may be gradual.
6. Water level readings shown on the logs were made at the time and under the conditions indicated. Fluctuations in
water level may occur with time.
7. Laboratory Testing Results:
WC = Water Content (%)
DD = Dry Density (pcf)
+4 = Percent retained on the No. 4 sieve
-200 = Percent passing No. 200 sieve
114 362A
LEGEND AND NOTES I Figure 3
Moisture Content = 16.4
percent
Dry Density = 106
pcf
Sample of: Sandy Silty Clay
From: Boring 1 at 2 Yz Feet
0
1
Compression
upon
2
wetting
c
0
w
3
Q.
E
0
U
4
5
0.1
1.0 10
100
APPLIED PRESSURE - ksf
Moisture Content = 17.1
percent
Dry Density = 109
pcf
Sample of: Sandy Silty Clay
From: Boring 2 at 4 Feet
0
1
OR
No movement
C:
upon
2
wetting
m
a
E
0
v
3
4
0.1
1.0 10
100
APPLIED PRESSURE - ksf
114
362A
G~
cirI
SWELL -CONSOLIDATION TEST RESULTS
Figure 4
He worth—Pawlak Geoteohnled
M#
1
* 2
0
U 3
a
E
0
U 4
5
M
1
rz
2
0
(D
Q 3
E
0
U
n
0.1
0.1
114 362A
1.0 10
APPLIED PRESSURE - ksf
Moisture Content = 16.2
Dry Density = 108
Sample of: Sandy Silty Clay
From: Boring 3 at 9 Feet
No movement
upon
wetting
percent
pcf
1.0 10
APPLIED PRESSURE - ksf
SWELL -CONSOLIDATION TEST RESULTS
100
100
Figure 5
Moisture Content = 17.1 percent
Dry Density = 107 pcf
Sample of: Sandy Silty Clay
From: Boring 3 at 4 Feet
VIA
0.1
0.1
114 362A
1.0 10
APPLIED PRESSURE - ksf
Moisture Content = 16.2
Dry Density = 108
Sample of: Sandy Silty Clay
From: Boring 3 at 9 Feet
No movement
upon
wetting
percent
pcf
1.0 10
APPLIED PRESSURE - ksf
SWELL -CONSOLIDATION TEST RESULTS
100
100
Figure 5
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rV
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ri
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z J
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HEPWORTH-PAWLAK GEOTECHNICAL, INC.
TABLE 2
PERCOLATION TEST RESULTS
JOB NO. 114 362A
HOLE NO.
HOLE DEPTH
(INCHES)
LENGTH OF
INTERVAL
(MIN)
WATER DEPTH
AT START OF
INTERVAL
(INCHES)
WATER DEPTH
AT END OF
INTERVAL
(INCHES)
DROP IN
WATER LEVEL
(INCHES)
AVERAGE
PERCOLATION
RATE
(MIN./INCH)
Pi
30
15
Water added
251/2
211/2
4
10
211/2
183/4
23/4
183/4
161/2
21/4
161/2
15
11/2
201/2
18
21/2
18
16
2
16
14
2
14
13
1
P2
30
15
25
23
2
24
23
211/2
11/2
211/2
201/2
1
201/2
191/2
1
191/2
19
1/2
19
181/2
1/2
181/2
173/4
3/4
173/4
171/4
1/2
P3
29
15
24
22
2
24
22
201/2
11/2
201/2
193/4
3/4
193/4
183/4
1
183/4
181/4
1/2
181/4
173/4
1/2
173/4
17
3/4
17
161/2
1/2
Note: Percolation test holes were soaked on September 4, 2014. Percolation tests were conducted
on September 5, 2014. The average percolation rates were based on the last two readings of
each test.
CORONA
WATER LAW
Craig V. Corona, Esq.
420 E. Main St., Ste. 203
Aspen, CO 81611
(970) 948-6523
cc@craigcoronalaw.com
January 4, 2015
Ms. Suzanne Wolff
Pitkin County Community Development
130 S. Galena St., 31d Floor
Aspen, CO 81611
Re: Roaring Fork Meadows Lot 6 Water Supply
Dear Suzanne:
This letter, on behalf of Jim and Linda Landers and Landers Family Properties, LLC ("Landers"),
is meant to demonstrate that there is an adequate legal water supply for the Landers' Roaring Fork
Meadows Lot 6 property. This is in an effort to satisfy the condition at paragraph 4.A. of the
Administrative Decision for the Landers' site plan review which requires the Landers to provide
proof of an adequate water supply at the time of building permit application for the residence.
Legal Availability. Lot 6 is to be served by a well that was constructed and has been operated
pursuant to Division of Water Resources' Well Permit No. 75550, a copy of which is enclosed
with this letter. The permit is for use in one single family dwelling and a separate dwelling unit in
addition to the irrigation of 5,000 square feet of lawn and landscaping. The permit is conditioned
on maintenance of Basalt Water Conservancy District water allotment contract #597, a copy of
which is also enclosed. As you can see from the table attached to the contract as Exhibit A, the
contract is to serve use in two dwellings and 5,000 square feet of irrigation.
For irrigation of the remainder of Lot 6, the Landers will rely on water rights in the Kester Ditch
which crosses the top of Lot 6. The water rights are held by the HOA. Pursuant to the HOA
covenants at section 8.8, Lot 6 is entitled to that amount of Kester Ditch water that has historically
been used on Lot 6.
Physical Supply. Attached with this letter is the well pump test report from Samuelson Pump
Company presenting the results of the pump test conducted on July 14, 2014. As you can see, the
test indicates the well produces in excess of 13.5 gpm which is sufficient to serve one single family
dwelling, an ADU, and 5,000 square feet of irrigation.
0 •
Ms. Suzanne Wolff
Pitkin County Community Development
Leizal Access. Because the well to serve Lot 6 is located on the adjacent Lot 7, the Landers entered
into a Well and Waterline Ownership and Easement Agreement, a copy of which is also attached
with this letter. This agreement gives the Landers the right of access to Lot 7 for all purposes
necessary to use of the well.
I trust this letter will satisfy the requirement to demonstrate proof of an adequate water supply for
the Landers' property. Please do not hesitate to contact me if you have any questions or concerns.
Thank you very much.
Sincerely,
4
Craig V. Corona
Form No. OFFICE OF Ttt rE STATE ENGINEER
GWS -25 COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303)A66-35$1
APPLICANT
DARWIN BARTA
C/O PATRICK MILLER & KROPF PC
730 E DURANT AVE STE 200
ASPEN, CO 81611-
(970) 920-1028
WELL PERMIT NUMBER 75550 -F
DIV. 5 WD 38 DES, BASIN MD
APPROVED WELL LOCATION
PITKIN COUNTY
NW 114 NW 114 Section 21
Township 8 S Range 86 W Sixth P.M.
DISTANCES FROM SECTION LINES
EXST '
1000 Ft. from North Section Line
400 Ft. from West Section Line
UTM COORDINATES (Meters.Zone.13,NA083)
Raoul ty. IV VI U nl iy•
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS of APPROVAL
1) This well shalt be used in such a way as to cause no material injury to existing water rights. The Issuance of this permit
does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from
seeking relief in a civil court action.
2) The construction of this well shalt be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval
of a variance has been granted by the Slate Board of Examiners of Water Well Construction and Pump Installation
Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-90-137(2), for the use of an existing well constructed under permit no. 119487,
appropriating ground water tributary to the Roaring Fork River, as an alternate point of diversion to the Basalt Conduit, on
the condition that the well shall be operated only when the Basalt Water Conservancy District's substitute water supply
plan, approved by the State Engineer, is in effect and when a water allotment contract between the well owner and the
Basalt Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an
approved plan for augmentation. BWCD contract #597.
4) The issuance of this well permit hereby cancels permit no. 119487.
5) The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling and
an additional dwelling unit, and the irrigation of not more than 5,400 square feet of home gardens and lawns. All use of this
well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is located on
parcel 3, Darwin Barta Family Subdivision, Pitkin County.
6) The pumping rate of this well shall not exceed 15 GPM.
7) The average annual amount of ground water to be appropriated shall not exceed 1.058 acre -feel.
8) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case
number(s) as appropriate. The owner shalt take necessary means and precautions to preserve these markings.
9) This well must be located not more than 200 feet from the location specified on this permit.
10) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all
diversions must be maintained by the well owner (recorded at least monthly) and submitted to the Division Engineer upon
request.
NOTE: Parcel Identification Number (PIN): 246721200103.
NOTICE: This permit has been approved for a well to produce up to 15 GPM, modifying Item 7 on the well permit
application form. You are hereby notified that you have the right to appeal the issuance of this permit, by filing a written
request with this office within sixty (60) days of the date of issuance, pursuant to the State Administrative Procedures Act_
(See Section 24-4-104 through 106, C.R-S,)-�,v
In
APPROVED
JSG
r �
State Engillee, BY — — — — — -- -- --
0
0
COLORADO DIVISION OF WATER RESOURCES
Office Use Only Form GWS -44 (0712009)
DEPARTMENT OF NATURAL RESOURCES
1313 SHERMAN ST., RM 818, DENVER, CO 80203
phone - info: (303) 866-3587 main: (303) 866-3581
fax: 303) 866-3589 htIp:1/www.waterstate.co.us
R ESI D E NTI AL Note: Also use this form to apply for livestock watering
Water Well Permit Application
Review form instructions prior to completing form.
The form must be completed in black or blue ink or typed.
1. Applicant Information
6. Use Of Well check applicable boxes
Name of appacarn
See instructions to determine use(s) for which you may qualify
Darwin Barter
ry
❑ A Ordinary
used use in one single-family dwelling
c/o Patrick, Miller & Kropf, PC
® B. Ordinary household use In 1 to 3single-family dwellings:
Mailing address
730 E. Durant Ave., Ste. 200
Number of dwellings: 1 f 7 ADU
city
stare
Z'ipcode
Aspen
CO
81611
S Home gardentlawn Irrigation, not to exceed one acre:
area irrigated 5,000 S sq. ft. ❑ acre
Telephone Y E-mail
(optic at)
(970) 920.1028 noto@waterlaw.com
❑ Domestic animal watering - (non-commercial)
❑ C. Livestock watering (on faun/ratich/rangelpasture)
2. Type Of Application (check applicable boxes)
O Construct new well ❑ Change source (aquifer)
7. Well Data (proposed)
❑ Replace existing well ❑ Reapplication (expired permit)
Madmum pumping rate
Annual amount to be withdrawn
acre-feet
S Use existing well ❑ Rooftop preop. collection
S Change or increase use ❑ Other:
20 gpm
3. Refer To (if applicable)
Totetdeplh feet
82
Aquifer
Alluvium
Weft permit a
water cm„t Case 0
8. Water Supplier
119487
De*mled Basin Determination ft
Well name or 0
Is this parcel within boundaries of a water service area? OYES ® NO
If yes, provide name of supplier:
4. Location Of Proposed W 1 (important! See instructions)
9. Type Of Sewage System
county
Pitkin
NW IM fthe. NW v4
® Septic tank/ absorption leach field
❑ Central system: District name:
section Township N or s
Range E or w Principal Mermen
21 8 ❑ S
86 ❑ S 6th
I
❑ Vault: Location sewage to be hauled to:
O Other (attach copy of engineering design and report)
Distance of well from secdon lines (section lines are lyrically not property lines)
1000 Ft from S N ❑ S 400 Ft. from ❑ E ® W
For repiacoment weds only–distance and direction from old well to new well
10. Proposed Well Driller License -#(optional):
feet direction
11. Signature Of Applicant(s) Or Authorized Agent
Well location address (Include city, state, Zip) check if wed address is sanw as in hem 1.
The making of false statements herein constitutes perjury in the second
102 Sherman Ln
degree, which Is punishable as a class 1 misdemeanor pursuant to C.R.S.
Basalt, CO 81621
24-4-104 (13)(a). I have read the statements herein, know the contents
thereof and state that they are tr to my kno edge.
Sig_ n here t be origins! signature) Date
Optlonal: GPS well I-11- information )n LMM format. GPS unh se8hgs are as follows:
Format must be UTM
13 Zone 12 or E3 Zone 13
Easting'
Units must be Meters
Datum must be NA083
Unit be to true Hath
-
Northing:
Print na &bola I /Z /[� f' J p f �y
1 'D F ft v W +"' A_
must set
Was GPG unit the k d fm above? ❑ YES
Remember to set Datum to NAD83
Office Use Only
5. Parcel On Which Well Will Be Located
USGS map name DWR map no.
Sufrace elev.
YOU MUST ATTACH A CURRENT DEED FOR THE SUBJECT PARCEL)
A. You must check and complete one of the following:
Receipt area only
® Subdivision: Name Darwin Barta Family Subdivi
Lot Parce13 Block Filing/Unit
❑ County exemption (attach copy of county approval & survey):
Name/# Lot #
❑ Parcel less than 35 acres, not in a subdivision, attach a deed with metes
and bounds description recorded prior to dune 1, 1972, and a current
deed
❑ Mining claim (attach a copy of the deed or survey): Name/#
AOUAMAP
WE
❑ Square 40 acre parcel as described In Item 4
❑ Parcel of 35 or more acres (attach a mores and bounds description or survey)
wn
❑ Other (attach metes & bounds description or survey and supporting documents)
CWCB
B. # of aces in parcel
C. Are you the owner of this parcel?
10 1
®YES ❑ No fif no –see instructions)
TOPO
MYLAA
D. Will olds be the only well on this parcel? EYES ❑ NO (f no -list other welts)
Sas DIV, WD_ BA_ MD _
E. State Pa -el to#{option : 246721200103
BASALT WATER CONSERVANCY DISTRICT
WATER ALLOTMENT. CONTRACT NO. 597
Pursuant to C.R.S. § 37-45-131(2008)
Rex Darwin Barta and Myrna Joy Barta (collectively, hereinafter "Applicant") has
applied to the Basalt Water Conservancy District (hereinafter the "District") a political
subdivision of the State of Colorado, organized pursuant to and existing by virtue of Section
37-45-1.01, Colorado Revised Statutes, et seq., for an allotment contract for beneficial use of
water rights owned, leased, or hereafter acquired by the District ("Contract"). By execution
of this Contract, Applicant agrees to the following terms anti conditions and those certain
terms and conditions set forth in the attached Order, which is fully incorporated as a part of
this Contract:
1. QUANTITY: In consideration of the covenants and conditions herein
contained, Applicant shall be entitled to receive and apply to beneficial use 0.033 cubic feet
of water per second from the District's direct flow rights and 0.4 acre feet per year of storage
or other augmentation water owned or controlled by the District. Applicant shall restrict
actual diversions and consumptive use under this Contract to these amounts. The Contract
amount is based on the water requirements table attached hereto as Exhibit A. Any increase
or change in the water requirements to be served by the District will require an amendment
to the subject Contract.
2. SOURCE OF ALLOTTED WATER: Water rights allotted pursuant to this
Contract shall be from the District's water rights decreed to the Basalt Conduit, Landis
Canal, Stockman's Ditch Extension, Troy and Edith Ditch, Robinson Ditch, or other water
rights hereafter acquired by the District, including the District's right to receive storage
water froze. Ruedi Reservoir and Green Mountain Reservoir. The District shall have the
right to designate the water right or Decree of the District from which the Applicant's
allotted rights shall be obtained. The Applicant's use of any of the District's water rights
shall be subject to any and all terms and conditions imposed by the Water Court on the use
of the District's said rights. Exchange or augmentation releases made from the District's
storage rights in Ruedi or Green Mountain. Reservoirs or other works and facilities of the
District shall be delivered to the Applicant at the outlet works of said storage facility and
release of water at such outlet works shall constitute full performance of the District's
delivery obligation. Delivery of water from the District's storage rights in Ruedi or Green
Mountain Reservoir shall be subject to the District's lease contract with the United States
Bureau of Reclamation and any rules and regulations promulgated pursuant thereto.
Releases.from other facilities available to the District shall be subject to the contracts, laws,
rules, and regulations governing releases therefrom. Furthermore, the District hereby
expressly reserves the right to store water and to make exchange releases from structures
that may be built or controlled by the District in the future, so long as the water service to
the Applicant pursuant to this agreement is not impaired by said action.
Contract No.597.doc 1
LJ
3. PURPOSE AND LOCATION OF USE: Applicant will use the water rights
allotted pursuant to this Contract for beneficial purposes by diversion at Applicant's point of
diversion under the District's direct flow water rights and/or for use, by augmentation or
exchange. Applicant will use the water allotted by the District within or through facilities or
upon lands owned, operated, or served by Applicant, which lands are described as Parcel 3,
Barta Family Subdivision according to the plat recorded October 25,1982 in Plat Book 14 at
Page 2 as Reception No. 244999, County of Pitkin, State of Colorado; provided that the
location and purpose of Applicant's use of said water shall be legally recognized and
permitted by the applicable governmental authority having jurisdiction over the property
served. Applicant's contemplated usage for the water allotted hereunder is for the
following use or uses:
X Domestic/Municipal Industrial Commercial Agricultural Other
It is acknowledged that certain locations within the District may not be susceptible to
service solely by the District's water rights allotted hereunder or the District's said water
rights may not satisfy Applicant's needs and purposes. To the extent that service cannot be
achieved by use of the District's allotted water rights, or in the event said service is
inadequate, Applicant may utilize such other water rights, by way of supplementing the
District's water rights, or otherwise, as is necessary to assure water service sufficiently
reliable for Applicant's intended purpose or purposes.
All lands, facilities and areas served by water rights allotted hereunder shall be
situated within the boundaries of the District.
Any quantity of the Applicant's allocation not delivered to or used by Applicant by
the end of each water year shall revert to the water supplies of the District. Such reversion
shall not entitle Applicant to any refund of payment made for such water.
Water service provided by the District shall be limited to the amount of water
available in priority at the original point of diversion of the District's applicable water right
and neither the District, nor those entitled to utilize the District's decrees, may call on any
greater amount at new or alternate points of diversion. The District shall request the
Colorado State Engineer to estimate any conveyance losses between the original point and
any alternate point and such estimate shall be deducted from this amount in each case. The
District, or anyone using the District's decrees, may call on any additional sources of supply
that may be available at an alternate point of diversion, but not at the original point of
diversion, only as against water rights which are junior to the date of application for the
alternate point of diversion.
In the event the Applicant intends to institute any legal proceedings for the approval
of an augmentation plan and/or any change to an alternate point of diversion of the
District's water right to allow the Applicant to utilize the water allotted hereunder, the
Applicant shall give the District written notice of such intent. In the event the Applicant
Contract No.597.doc
develops and adjudicates an alternate point of diversion and/or an augmentation plan to
utilize the water allotted hereunder, Applicant shall not be obligated to bear or defray any
legal or engineering expense of the District incurred by the District for the purpose of
developing and adjudicating a plan of augmentation for the District. In any event, the
District shall have the right to approve the Applicant's application for change of water right,
and/or augmentation plan or other water supply plan involving the District's rights, and the
Applicant shall provide the District copies of such application and of all pleadings and other
papers filed with the Water Court in the adjudication thereof.
The District reserves the exclusive right to review and approve any conditions which
may be attached to judicial approval of Applicant's use of the District's water rights allotted
hereunder. Applicant agrees to defray any out-of-pocket expenses incurred by the District
in connection with the allotment of water rights hereunder, including, but not limited to,
reimbursement of legal and engineering costs incurred in connection with any water rights
adjudication necessary to allow Applicant's use of such allotted water rights; provided,
however, in the event any such adjudication involves more of the District's water rights
than are allotted pursuant to this Contract, Applicant shall bear only a pro rata portion of
such expenses. Applicant shall be solely responsible for providing the structures, works and
facilities, if any, necessary to utilize the District's water rights allotted hereunder for
Applicant's beneficial use.
4. PAYMENT. Applicant shall pay annually for the water service described
herein at a price to be fixed annually by the Board of Directors of the District for such
service. Payment of the annual fee shall be made, in full, within fifteen (15) days after the
date of a notice from the District that the payment is due. Said notice will advise the
Applicant, among other things, of the water delivery year to which the payment shall apply
and the price which is applicable to that year. If a payment is not made by the due date, a
late fee of $50 (or such other amount as the Board may set from time to time) will be
assessed and final written notice of the delinquent account and late fee assessment will be
sent by the District to the Applicant at Applicant's address set forth below. If payment is not
made within thirty (30) days after said final written notice, the District may, at its option,
elect to terminate all of the Applicant's right, title, or interest under this Contract, in which
event the water right allotted hereunder may be transferred, leased or otherwise disposed
of by the District at the discretion of its Board of Directors.
In the event water deliveries hereunder are made by or pursuant to agreement with
some other person, corporation, quasi -municipal entity, or governmental entity, and in -the
event the Applicant fails to make payments as required hereunder, the District may, at its
sole option and request, authorize said person or entity to curtail the Applicant's water
service pursuant to this Contract, and in such event neither the District nor such persons or
entity shall be liable for such curtailment.
Contract No.59Ldoc
• 0
5. APPROPRIATION OF FUNDS: The Applicant agrees that so long as this
Contract is valid and in force, Applicant will budget and appropriate from such sources of
revenues as may be legally available to the Applicant the funds necessary to make the
annual payments in advance of water delivery pursuant to this Contract. The Applicant
will hold harmless the District and any person or entity involved in the delivery of water
pursuant to this Contract, for discontinuance in service due to the failure of Applicant to
maintain the payments herein required on a current basis.
b. BENEFIT OF CONTRACT: The water right allotted hereunder shall be
beneficially used for the purposes and in the manner specified herein and this Contract is
for the exclusive benefit of the Applicant and shall not inure to the benefit of any successor,
assign, or lessee of said Applicant without the prior written approval of the Board of
Directors of the District.
Upon the sale of the real property to which this Contract pertains, Applicant has a
duty to make the buyer aware of this Contract and the need to assign the Contract to the
buyer. However, prior written approval of the Board of Directors of the District is required
before the assignment is effective. Payment of an assignment fee in an amount determined
by the Board shall be required as a prerequisite to approval of the assignment.
In the event the water right allotted hereunder is to be used for the benefit of land
which is now or will hereafter be subdivided or otherwise held or owned in separate
ownership interest, the Applicant may assign the Applicant's rights hereunder only to a
homeowners association, water district, water and sanitation district or other special district,
or other entity properly organized and existing under and by virtue of the laws of the State
of Colorado, and then only if such association, entity or special district establishes to the
satisfaction of the Basalt Water Conservancy District that it has the ability and authority to
assure its performance of the Applicant's obligations under this Contract. In no event shall
the owner of a portion, but less than all, of the Applicant's property to be served under this
Contract have any rights hereunder, except as such rights may exist through a homeowners
association or special district as above provided.
Any assignment of the Appl'icant's rights under this Contract shall be subject to and
must comply with such requirements as the District has adopted or may hereafter adopt
regarding assignment of Contract rights and the assumption of Contract obligations by
assignees and successors, provided that such requirements shall uniformly apply to all
allottees receiving District service. The restrictions on assignment as herein contained shall
not preclude the District from holding the Applicant, or any successor to the Applicant,
responsible for the performance of all or any part of the Applicant's covenants and
agreements herein contained.
7. OTHER RULES: Applicant's rights under this Contract shall be subject to the
Water Service Plan as adopted by the District and amended from time to time; provided
that such Water Service Plan shall apply uniformly throughout the District among water
Contract?& 597.doc 4
users receiving the same service from the District. Applicant shall also be bound by all
applicable law, including, for example, the provisions of the Water Conservancy Act of the
State of Colorado, the Rules and Regulations of the Board of Directors of the District, the
plumbing advisory, water conservation, and staged curtailment regulations, if any,
applicable within the County in which the water allotted hereunder is to be used, together
with all amendments of and supplements to any of the foregoing.
8. CURTAILMENT OF USE: The water service provided hereunder is expressly
subject to the provisions of that certain Stipulation in Case No. 81CW253 on file in the
District Court in Water Division 5 of the State of Colorado, which Stipulation provides, in
part, for the possible curtailment of out -of -house municipal and domestic water demands
upon the occurrence of certain events and upon the District giving notice of such
curtailment, all as more fully set forth in said Stipulation.
9. OPERATION AND MAINTENANCE AGREEMENT: Applicant shall enter
into an "Operation and Maintenance Agreement" with the District if and when the Board of
Directors finds and determines that such an agreement is required by reason of additional
or special services requested by the Applicant and provided by the District or by reason of
the delivery or use of water by the Applicant for more than one of the classes of service
which are defined in the Rules and Regulations of the Board of Directors of said District.
Said agreement may contain, but not be limited to, provision for water delivery at times or
by means not provided within the terms of standard allotment contracts of the District and
additional 'annual monetary consideration for extension of District services and for
additional administration, operation and maintenance costs, or for other costs to the District
which may arise through services made available to the Applicant.
10. CHANGE OF USE: The. District reserves the exclusive right to review and
approve or disapprove any proposed change in use of the water right allotted hereunder.
Any use other than that set forth herein or any lease or sale of the water or water rights
allotted hereunder without the prior written approval of the District shallbe deemed to be a
material breach of this Contract.
11. PRIOR RESOLUTION: The water service provided hereunder is expressly
subject to that certain Resolution passed by the Board of Directors of the District on
September 25,1979, and all amendments thereto, as the same exists upon the date of this
application and allotment Contract.
12. NO FEE TITLE: It is understood and agreed that nothing herein shall give the
Applicant any equitable or legal fee title interest or ownership in or to any of the water or
water rights of the District, but that Applicant is entitled to the right to use the water right
allotted hereunder, subject to the limitations, obligations and conditions of this Contract.
Contract No. 597.doc
• 0
13. COMPLIANCE WITH SECTION 404 OF THE CLEAN WATER ACT.
Applicant shall comply with Section 404 of the Clean Water Act and consult with the Army
Corps of Engineers to complete any Section 404 compliance that may be required as a result
of the construction of any facilities necessary to use contract water.
14. CONSERVATION PRACTICES: Applicant shall implement and use
commonly accepted conservation practices with respect to the water and water rights
allotted hereunder and shall be bound by any conservation plan hereafter adopted by the
District, as the same may be amended from time to time.
15. WELL PERMIT: If Applicant intends to divert through a well, then Applicant
must provide to District a copy of Applicant's valid well permit before the District is
obligated to deliver any water hereunder, and it is the Applicant's continuous duty to
maintain a valid well permit. Applicant shall also comply with all restrictions and
limitations set forth in the well permit obtained from the Colorado Division of Water
Resources. Applicant must comply with the well -spacing requirements set forth in C.R.S.
§37-90-137, as amended, if applicable. Compliance with said statutory well -spacing criteria
shall be an express condition of the extension of service hereunder, and the District shall in
no way be liable for an Applicant's failure to comply. Applicant agrees to mark the well in a
conspicuous place with the permit number.
16. MEASURING DEVICE OR METER: Applicant agrees to provide, at its own
expense, a totalizing flow meter with remote readout to continuously and accurately
measure at all times all water diverted pursuant to the terms of Applicant's water right and
the terms of this Contract. On or before November 15 of each year, Applicant will provide
accurate readings from such device or meter (recorded on a monthly basis for the period
November 1 through October 30 of each year) to District, the Division Engineer and Water
Commissioner. Applicant acknowledges that failure to comply with this paragraph could
result in legal action to terminate Applicant's diversion of water by the State of Colorado
Division of Water Resources. By signing this Contract, Applicant hereby specifically allows
District, through its authorized agent, to enter upon Applicant's property during ordinary
business hours for the purposes of determining Applicant's actual use of water.
17. CONTRACT TERMINATION:
A. Termination by District:
1. The District may terminate this Contract for any violation or
breach of the terms of this Contract by Applicant, or Applicant's breach
of any other contract with the District.
2. The District may terminate this Contract if, in its discretion, any
judicial or administrative proceedings initiated by Applicant threaten
the District's authority to contract for delivery or use of the District's
Contract No. 597.doc
water rights, or threaten the District's permits, water rights, or other
interests of the District.
B.. Termination by Applicant:
1. Applicant may terminate this Contract in its entirety for any
reason by notifying the District in writing of the termination on or
before April 1. Notice by said date will prevent the Applicant's liability
for the next annual contract charge.
18. RECORDING OF MEMORANDUM: In lieu of recording this Water
Allotment Contract, a Memorandum of Water Allotment Contract will be recorded with the
Pitkin County Clerk and Recorder's Office. The costs of recording the,Memorandum shall
be paid by Applicant.
APPLICANT:
r
Rex Darwin Barta
Myrna Joy tarta
Applicant's Address:
P.O. Box 453
Basalt, CO 81621
Telephone No.: (970) 927-3898
STATE OF COLORADO
ss.
COUNTY OF )
Subscribed and sworn to before me this day of '2011,
by Rex Darwin Barta and Myrna Joy Barta.
WITNESS my hand and official seal.
My commission expires:
MARIA VERONICA VARGAS Notary Public
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires 01/21/2014
Contract No. 597.doc
Water User:
Rex Darwin & Mvma Jov Barta
Analysis Date:
July 25, 2011
District Area:
A
Source Series:
4
Maximum Demand:
15 0.033
(GPM) (CFS)
BASALT WATER CONSERVANCY DISTRICT
WATER REQUIREMENTS
(acre feet)
(1)
Total Demand
Consumptive Use
(5)
1*of Livestock11 ais/day
0
(1) (2) (3) (4) (5) (6)
(7) (8) (9) (10) (11) (12)"
(13)
Domestic Commercial Lawn Crop
Domestic Commercial Lawn Crop
Source of
Delayed
Month
In-house or her Irrigation Irrigation Livestock TOTAL
In-house or Other Irrigation Irrigation Livestock TOTAL
Aug/Replace
Depletions
0.000 Office
(9) "
% Lawn Irrig. Efficiency
80
Consumption of Irrig. (aflac)
1.920
(3)
Sq. Ft. of Lawn Irrigated
5,000
(10)
% Crop Irrig. Efficiency
January
0.057
0.000
0.000
0.000
0.000
0.067
0.010
0.000
0.000
0.000
0.000
0.011
GNM
0.021
February
0.060
0.000
0.000
0.000
0.000
0.060
0.009
0.000
0.000
0.000
0.000
0.010
GNM
0.021
March
0.067
0.000
0.000
0.000
0.000
0.067
0.010
0.000
0.000
0.000
0.000
0.011
GNM
0.021
April
0.064
0.000
0.006
0.000
0.000
0.071
0.010
0.000
0.005
0.000
0.000
0.016
GNM
0.023
May
0.067
0.000
0.053
0.000
0.000
0.119
0.010
0.000
0.042
0.000
0.000
0.057
GNM
0.040
June
0.064
0.000
0.068
0.000
0.000
0.132
0.010
0.000
0.054
0.000
0.000
0.070
GNM
0.050
July
0.067
0.000
0.064
0.000
0.000
0.131
0.010
0.000
0.051
0.000
0.000
0.067
GNM
0.049
August
0.067
0.000
0,038
0.000
0.000
0.105
0.010
0.000
0.031
0.000
0.000
0.045
GNM
0.040
September
0.064
0.000
0.035
0.000
0.000
0.099
0.010
0.000
0.028
0.000
0.000
0.041
GNM
0.037
October
0.067
0.000
0.010
0.000
0.000
0.076
0.010
0.000
0.008
0.000
0.000
0.020
GNM
0.026
November
0.064
0.000
0.000
0.000
0.000
0.064
0.010
0.000
0.000
0.000
0.000
0.011
GNM
0.021
December
0.067
0.000
0.000
1 0.000
1 0.000
0.067
0.010
0.000
0.000
1 0.000
0.000
GNM
0.021
TOTALS >
0.784
0.000
0.274
0.000
0.000
1.058
0,118
0.000
0.219
0.000
0.000
t_20,011
0.370
0.370
(1)
NUMBER OF RESIDENCES
2
(5)
1*of Livestock11 ais/day
0
# persons/residence
3.5
#gallons/person/day
100
% CU for Domestic/Commercial
15
(2)
Commercial/Other Demand (af)
0.000 Office
(9) "
% Lawn Irrig. Efficiency
80
Consumption of Irrig. (aflac)
1.920
(3)
Sq. Ft. of Lawn Irrigated
5,000
(10)
% Crop Irrig. Efficiency
80
Lawn Application Rate (af/ac)
2.400
Consumption of Irrig. (af/ac)
0.000
(4)
Acres of Crop Irrigated
0.00
(9-10)
Elevation (feet)
6800
Crop Application Rate aflac
0.000
'(12)
Total Includes 5% Transit Loss
10% from Green Mtn.
Well Type = A
•
ORDER GRANTING APPLICATION FOR ALLOTMENT CONTRACT
REX DARWIN BARTA AND MYRNA JOY BARTA
CONTRACT NO. 597
Application having been made by or on behalf of Rex Darwin Barta and Myrna Joy
Barta and hearing on said Application having been duly held, it is hereby ordered that said
Application be granted and that the attached Water Allotment Contract for 0.033 cubic feet
of water per second from the District's direct flow rights and 0.4 acre feet per year of
storage/augmentation water owned or controlled by the District is hereby approved and
executed by and on behalf of the Basalt Water Conservancy District, for the beneficial use of
the water allotted in the attached Contract, upon the terms, conditions and manner of
payment as therein specified and subject to the following specific conditions:
1. The Applicant has acknowledged that the land to be benefited by the attached
Contract is described as Parcel 3, Barta Family Subdivision according to the plat recorded
October 25, 1982 in Plat Book 14 at Page 2 as Reception No. 244999, County of Pitkin, State
of Colorado.
2. In the event of the division of the property served by this Contract into two or
more parcels owned by different persons, the Applicant shall establish a Homeowners
Association or other entity acceptable to the District for the ongoing payment of charges
due under the approved Contract following subdivision of the property. The Applicant
shall give notice to purchasers of all or any part of the subject property of the obligation of
this Contract, and shall record such notice in the records of the Clerk and Recorder of Pitkin
County, Colorado. Applicant and his successors and assigns shall comply with all rules and
regulations now existing or hereafter adopted by the District, including enforcing payment
of charges due under the approved Contract by present and future owners of all or any part
of the real property served under this Contract.
3. Any allotment of less than 1.0 acre foot of storage water in Paragraph 1 of the
attached Contract shall be deemed 1.0 acre foot for purposes of establishing the annual
water service charge for such water allotment.
4. The Applicant shall provide the District proof that the proposed land use of
the land to be benefited by the water allotted hereunder has been approved by the
applicable governmental authorities having jurisdiction over such land use, including
evidence satisfactory to the District that each lot or parcel to be benefited hereunder is
legally subdivided.
5. Any well permits issued on the basis of this Allotment Contract shall be
applied for and issued in the name of the Applicant.
Order No. 597.doc - 1 -
0 a
6. By acceptance of this Contract, Applicant acknowledges that within two years
of the date hereof or such later date as the District may approve, the Applicant -shall file
with the Water Court of Water Division No. 5 a water rights plan of augmentation for
utilization of water allotted hereunder at the location and for the purposes hereinabove set
forth, or the Applicant's water allotment as provided in this Contract may be included in a
water rights plan of augmentation to be filed by the District with the expenses thereof to be
shared prorata by the Contract holders included in such plan; provided that inclusion of the
Applicant's water allotment in the D'istrict's plan of augmentation shall be at the District's
sole discretion.
In the event the District includes the Applicant's water allotment in the District's
Application for a plan of augmentation, the Applicant acknowledges that execution of the
subject contract constitutes waiver of any notice of the application for the plan for
augmentation by the Water Referee or the Water Clerk under C.R.S. § 37-92-302(3)(c)(I).
Applicant will provide such information and assistance, including testimony, as may be
needed for judicial approval of the plan. The District makes no warranty that it will secure
approval of the plan. The District may establish an augmentation plan fee to be paid by the
holder of any Contract or amended Contract to be included within a plan of augmentation
to be filed by the District, which fee shall be payable in advance of the inclusion of such
Contract in a District plan of augmentation and may be based on the District's good faith
estimate of the anticipated expense of such plan of augmentation. If such augmentation
plan fee paid by a Contract holder exceeds the Contract holder's prorata portion of -the
actual expenses incurred by the District in completing said plan of augmentation, the
District shall refund such excess to the Contract holder. Conversely, if such augmentation
pian fee paid by the Contract holder does not cover the Contract holder's prorata portion of
the actual expenses incurred by the District in completing said plan of augmentation, then
Applicant shall pay the remaining balance of its portion of the actual expenses upon the
District's providing the holder with a statement for the same. To the extent that the District
is caused additional costs because of objections filed specifically due to the inclusion of
Applicant's Contract in the filing, such additional costs may be charged specifically to
Applicant and not shared on a prorata basis by all Contractees.
7. This Contract is conditioned upon and water may be delivered hereunder
only in conformity with a water rights plan of augmentation decreed by the Water Court of
Water Division No. 5. Any and all conditions imposed upon the release and diversion of
the water allotted hereunder in the decree of said Water Court shall be incorporated herein
as a condition of approval of this Contract. Granting of this Allotment Contract does not
constitute the District's representation that the Applicant will receive a well permit or water
rights decree for the land to be benefited hereby.
8. If Applicant intends to divert water through a well or wells, Applicant shall
provide the District a copy of Applicant's valid well permit for each such well before the
District is obligated to deliver water for the benefit of Applicant hereunder. Applicant must
comply with the well -spacing requirements set forth in C.R.S. §37-90-137, as amended, if
Ordr No.597.doc -2-
applicable. Compliance with said statutory well -spacing criteria shall be an express
condition of the extension of service hereunder, and the District shall in no way be liable for
an Applicant's failure to comply.
9. The District may establish an augmentation plan fee to be paid by the holder
of any contract to be benefited by a plan for augmentation filed by the District, which fee
shall be payable within thirty (30) days following the District's statement(s) to the Applicant
and may be based on the District's good faith estimate of the anticipated expense of such
plan of augmentation. If such augmentation plan fee paid by a Contract holder exceeds the
Contract holder's prorata portion of the actual expenses incurred by the District in
completing said plan of augmentation, the District shall refund such excess to the Contract
holder.
Approved this day of August, 2011.
Attes .
0/0
By: �-- g—,
ristopher L. Geiger, Secretary
BASALT WATER CONSERVANCY DISTRICT
By: \
Do 711'resi ent
Order No. 597.doc - 3 -
GLENYIDOD SIPIP08. LO.
December 18, 2014
Garvik Construction
P.O. Box 2257
Basalt, Co. 81621
ATTN: Ken
4
On 7/14/14, a well test was conducted on a well on the Roaring Fork Meadows Property
for Landers. The following information was obtained;
Well Depth------------------------------------- 80'Approx.
Casing Size------------------------------------ (7 x 5)"
Standing water level-------------------------- 50'
Total test time---------------------------------- 2 Hours
Drawdown to ---------------------------------- 50'-11"
Production is greater than-------------------- 13.5 GPM
This test was conducted with the existing 3/4 hp pump. The well water level recovered
back to 50 in 1 Minute. The well production is greater than the pumping rate of 13.5
gpm. The max flow rate with the existing equipment was 13.5 gpm. If you have any
questions please call me, Raun Samuelson at 970-945-6309.
Sincerely;
Raun E Samuelson
Samuelson Pump Co.
PO. Box 297 - Glenwood Springs, CO 81602 - (970) 945-6309 - Fax (970) 947-9448
Water Systems - Sales, Service & Installation
RECEPTION#: 614243, 10/0.,2014 at 12:40:30 PM, 1 OF 7, R $41.G
Janice K. Vos Caudill, Pitkin County, CO
U
WELL AND WATERLINE OWNERSHIP AND
EASEMENT AGREEMENT
This Well and Waterline Ownership and Easement Agreement (the "Agreement"), is
made and entered into effective as of the latest date of execution written below, by and between
Roaring Fork Meadows LLC, a Colorado limited liability company whose address is 55 Waugh
Dr., Suite 1111, Houston, TX 77007 ("RFM"), and Landers Family Properties, LLC, a Colorado
limited liability company whose address is 2005 Canal Pointe, Little Rock, AR 72202
("Landers"). Collectively, RFM and Landers may be referred to herein as the "Parties."
RECITALS
1. WHEREAS, RFM owns property identified as Lot 6, Roaring Fork Meadows
Subdivision ("Lot 6") and Lot 7, Roaring Fork Meadows Subdivision ("Lot 7"); and
2. WHEREAS, Landers is under contract with RFM to purchase Lot 6; and
3. WHEREAS, RFM owns a well, constructed and currently in place on Lot 7 (the "Well")
under Colorado Division of Water Resources well permit No. 75550 (the "Well Permit")
and has offered the Well to Landers as the water supply for Lot 6 to the full extent of the
Well's permitted uses; and
4. WHEREAS, the Well is supported by a water allotment contract between RFM and the
Basalt Water Conservancy District, which contract is currently numbered 597 (the
"BWCD Contract"); and
5. WHEREAS, the Well Permit expressly limits use of the well to times when a BWCD
Contract is in effect; and
6. WHEREAS, Landers is willing to accept the Well and Well Permit as the water supply
for Lot 6 so long as RFM grants an easement over Lot 7 for the benefit of Lot 6 for the
Well and a waterline from the location of the Well to the boundary line between Lot 6
and Lot 7; and
7. WHEREAS, RFM has agreed to grant such an easement at closing; and
8. WHEREAS, the Parties desire to set forth in writing their agreement concerning their
rights and obligations in association with the Well, waterline, and easement;
THEREFORE, for and in consideration of the mutual promises contained herein, the
Parties agree as follows.
1. Well Ownership. RFM, by assignment of even date herewith conveyed and assigned its
entire interest in the Well and Well Permit to Landers. The intent of such conveyance is that
Landers shall own the Well, all of its associated infiastructure, and Well Permit and all rights
associated with the use of the Well.
RECEPTION#: 61420 10/07/2014 at 12:40:30 PM, 2 OF 7,
Janice K. Vos Caudill, Pitkin County, CO
Well and Waterline Ownership and Easement Agreement
Roaring Fork Meadows
2. BWCD Contract. RFM agrees to assign the BWCD Contract to the Roaring Fork
Meadows Homeowner's Association (the "HOA") and the HOA shall be responsible for
maintenance of such contract as an HOA common element.
3. Connection. RFM agrees that it bears sole responsibility and will bear all costs to design,
engineer, permit, and construct a two-inch water line from the Well to the Lot 6 -Lot 7 property
boundary. Landers agrees that it bears sole responsibility and will bear all costs to design,
engineer, permit, construct and connect and maintain a waterline from the line RFM will
construct from the Well to the Lot 6 -Lot 7 property boundary to their residence on Lot 6. Such
line, in conjunction with the portion located on Lot 7, shall be referred to herein as the
"Waterline." RFM agrees that it will not obstruct or act to delay construction of the Waterline in
any manner.
4. Disconnection. To the extent the Well is connected to any infrastructure serving Lot 7,
RFM agrees that it shall be solely responsible for disconnecting the Well from such
infrastructure at its sole cost and expense.
5. Easement. RFM agrees to convey to Landers, a non-exclusive easement to the Well,
including all portions of the Waterline to be located on Lot 7, and any other infrastructure
necessary to provide water service to Lot 6 located on Lot 7 (the "Easement"). Such conveyance
is by quitclaim deed of even date herewith.
6. Easement Purvose. The Easement shall be for ingress/egress to the Well and Waterline
for the purposes of construction, inspection, operation, maintenance, repair, and replacement of
the Well and Waterline and any associated infrastructure.
7. Easement Alignment. The Easement shall extend from the Well to the property boundary
between Lot 6 and Lot 7 as shown on Exhibit A of the quitclaim described in Section 5 above.
The Easement shall be twenty feet in diameter around the Well and twenty feet in width over the
Waterline, ten feet on each side of the centerline of the Waterline. In the event the Well has to
be re -drilled, the Easement area around the Well will be extended to thirty feet for such re -
drilling only, after which the Easement area around the Well will revert to twenty feet.
8. Lot 7 Building Envelope. The Parties acknowledge that all development activity on Lot 7
is required by Pitkin County to take place within the permitted activity envelope. If the Well
and/or Waterline or any portion of either is not or will not be located within the Lot 7 activity
envelope such that fulfilling the purposes of the Easement requires any additional approval from
Pitkin County including, but not by way of limitation, an additional or amended activity
envelope, Landers shall obtain such approval at its sole cost and expense; provided however, that
RFM shall reimburse Landers for such costs up to $2,500.00.
9. Rights of Servient Estate. RFM retains the right to use and occupy the Easement area
insofar as such use and occupancy does not unreasonably interfere with the Landers' use of the
easement and subject to the terms of this Agreement. The Easement hereby granted is non-
exclusive, and RFM, its successors and assigns, shall have the right from time to time to grant
further easements over, across, through, and under the Easement area, for any lawful purposes,
including, but not limited to, vehicular ingress and egress, provided that the holder of such
Page 2 of 6
RECEPTION#: 614243, 10/0.,2014 at 12:40:30 PM, 3 OF 7,
Janice K. Vos Caudill, Pitkin County, CO
Well and Waterline Ownership and Easement Agreement
Roaring Fork Meadows
easement does not unduly or unreasonably interfere with the easement rights herein granted.
Without limiting the foregoing, Grantor reserves the right, at its sole cost and expense, to place,
construct, maintain, operate, repair, alter, change the size of, substitute, replace, move, and
remove, at any time and from time to time along, on, over, through, across, above, below or upon
the Easement area as many fences, electric light, power conduits and/or power poles, gas lines,
water lines, sewer lines, roads, streets, sidewalks, parking areas, driveways, storm sewers, and
passageways as RFM, its successors or assigns, as the servient owner of the Easement area, may
desire, provided, however, that such use by RFM does not unreasonably interfere with use of the
easement rights herein granted. RFM agrees to provide as -built diagrams of any such facilities
placed underground to Landers so Landers may avoid damaging such facilities in exercising its
easement rights. It is additionally provided that this Easement is granted and conveyed subject to
any and all matters of public record or existing on the ground, which now remain in effect, if any
such matters do exist and affect the Easement and the easement rights herein granted.
10. Restoration of RFM's Property. After construction, maintenance, repair, or replacement, of
any portion of the Well or Waterline within the Easement by Landers, Landers shall restore the
general surface of the ground to the grade and condition it was in immediately prior to
construction. Landers shall replace topsoil in cultivated and agricultural areas, and remove from
the Easement any excess earth resulting from Landers' work at its sole cost and expense.
Landers agrees that for a period of one (1) year following construction that involves disturbance
of the surface of the ground, Landers will maintain the surface elevation and quality of the soil
by correcting any settling or subsiding that may occur as a result of the work done by Landers
within the Easement.
11. Operation Maintenance Repair and ftlacement. The Parties agree that Landers shall
have all responsibility to conduct normal and required operation, maintenance, repair and
replacement ("OMR&R") associated with the Well, Waterline and all associated infrastructure at
Landers' sole cost and expense. Landers agrees that it will perform all such activities in a
workmanlike manner.
12. Emergency Repairs. Notwithstanding the above, in the event of an emergency situation
involving the Well and/or Waterline, including but not limited to, a break or major leak of either
the Well or Waterline that poses a risk of damage to Lot 7, RFM shall have the right to take
immediate action to repair such emergency, after making a good faith effort to contact Landers,
to the extent necessary to protect Lot 7 from damage, and Landers will reimburse RFM for its
reasonable costs to remedy the emergency.
13. Recording. This Agreement and the exhibits attached hereto shall be recorded in the
official records of Pitkin County, Colorado.
14. Assignment or Transfer of Parcels,• Binding Effect. This Agreement and all of its terms
and conditions shall be covenants running with the land and shall inure to the benefit of and be
binding upon the heirs, successors, transferees and assigns of the parties hereto and all who come
into ownership of Lot 6 or Lot 7 by whatever means. Further this Agreement and the rights and
obligations hereof shall not be transferred separate and apart from either parcel.
Page 3 of 6
RECEPTION#: 614240, 10/07/2014 at 12:40:30 PM, 4 OF 7,
Janice K. Vos Caudill, Pitkin County, CO
Well and Waterline Ownership and Easement Agreement
Roaring Fork Meadows
15. Execution in Counterparts and/or Electronic Copies. This Agreement may be executed in
multiple counterparts as originals or by electronic copies of executed originals; provided
however, if evidence of execution is made by electronic copy, such electronic copy shall be
treated as an original. When all of the parties to this Agreement have signed at least one copy,
such copies together will constitute a fully executed and binding contract.
16. No Personal Liability. No officer, agent, member, manager, or employee of either RFM or
Landers shall be charged personally or held contractually liable by or to the other party under
any term or provision of this Agreement or because of any breach thereof or because of its or
their execution, approval or attempted execution of this Agreement.
17. Controlling Law. This Agreement shall be construed in accordance with the laws of the
State of Colorado. The exclusive venue and jurisdiction for any litigation arising hereunder shall
be in the District Court of Pitkin County.
18. Notices. All notices required under this Agreement shall be in writing and shall be hand
delivered or sent by registered or certified mail, return receipt requested, postage prepaid, to the
addresses of the Parties set forth below. All notices so given shall be considered effective three
days after deposit in the U.S. Mail to the addresses below. Either party by notice so given may
change the address to which future notices shall be sent.
Roaring Fork Meadows LLC
55 Waugh Dr., Suite 11 I I
Houston, TX 77007
Attn: Ned S. Holmes
Landers Family Properties, LLC
2005 Canal Pointe
Little Rock, AR 72202
w/copies to
CORONA WATER LAW
420 E. Main St., Ste. 203
Aspen, CO 81611
cc(d),craigr,oronalaw.com
19. Mediation. Any controversy or claim between the Parties arising out of or relating to this
Agreement, and including or concerning fees or costs owed or paid hereunder, shall be submitted
to mediation employing a mutually agreed upon mediator. Only in the event that mediation is
unsuccessful after a good -faith effort, may either party file a claim in court under or arising out
of this Agreement. Any failure to comply with this provision of this Agreement shall be
considered a breach of this Agreement for which the breaching party shall reimburse the non -
breaching party all costs and expenses arising from said breach, including attorney fees.
20. Attorney Fees. In any litigation between the Parties regarding this Agreement, the
substantially prevailing party shall be awarded its costs, expenses and reasonable attorney fees to
be paid by the non -prevailing party.
Page 4 of 6
RECEPTION#: 614243, 10/0.,[014 at 12:40:30 PM, 5 OF 7,
Janice K. Vos Caudill, Pitkin County, CO
Well and Waterline Ownership and Easement Agreement
Roaring Fork Meadows
21. Default. In the event of a default under this Agreement, the non -defaulting party shall
provide the defaulting party notice of such default, stating with reasonable particularity the
nature of the default and the steps necessary to cure the same, which shall be cured within seven
(7) days of such notice.
22. Modification of Agreement. No subsequent modification of any of the terms of this
Agreement shall be valid or enforceable unless made in writing and executed by both Parties.
23. Waiver. No failure or delay of either party to exercise any power or right under this
Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such
right or power, or any abandonment or discontinuance of steps to enforce such right or power,
preclude any other or further exercise thereof or the exercise of any other right or power.
Nothing contained in this Agreement shall constitute a waiver of any right, power or authority of
the Parties, except as expressly provided for herein.
24. Severability. If any term or provision of this Agreement shall be held to be invalid or
unenforceable, the remaining terms and provisions of this Agreement shall continue to exist and
shall be valid and enforceable to the fullest extent permitted by law.
25. Authority to Execute. Each party warrants that their respective authorized representatives
have been duly authorized to execute and bind the party to the terms of this Agreement on the
date of such representative's execution.
[remainder of page left intentionally blank]
Page 5 of6
RECEPTION#: 614243, 10/07/2014 at 12:40:30 PM, 6 OF 7,
Janice K. Vos Caudill, Pitkin County, CO
Well and Waterline Ownership and Easement Agreement
Roaring Fork Meadows
IN WITNESS WHEREOF, the Parties have executed this Agreement as follows.
Roaring Fork Meadows LLC:
By: Ned S. Holmes ^estmrent Inc.
By: .
Name: Ned S. Holmes
Title: Chairman and CEO
Landers Family Properties, LLC:
Linda J. Landers, Authorized Representative
STATE OF TEXAS §
§ SS.
COUNTY OF HARRIS §
Subscribed and sworn to before me this 3 day of October 2014, by Ned S. Holmes,
Chairman and CEO of Ned S. Holmes Investments, Inc., as manager of Roaring Fork Meadows
LLC.
Witness my hand and official seal. D.EUENPENOOtD
My Commission expires: 41-'25 ' MY COMMWION EXPIRE_.
k Ap125. tet!
Notary Public
STATE OF §
§ SS.
COUNTY OF §
Subscribed and sworn to before me this day of 2014 by Linda
J. Landers as authorized representative of Landers Family Properties, LLC.
Witness my hand and official seal.
My Commission expires:
Notary Public
Page 6 of 6
RECEPTION#: 614243, 10/r `014 at 12:40:30 PM, 7 OF 7,
Janice K. Vos Caudill, I .:in County, CO
Well and Waterline Ownership and Easement Agreement
Roaring Fork Meadows
IN WITNESS WHEREOF, the Parties have executed this Agreement as follows.
Roaring Fork Meadows LLC:
By: Ned S. Holmes Investment Inc.
By:
Name: Ned S. Holmes
Title: Chairman and CEO
Landers a Properties, Lkc,.:
1
Li 140.- Landers, uth 'zed Representative
STATE OF TEXAS §
§ SS.
COUNTY OF HARRIS §
Subscribed and swom to before me this day of October 2014, by Ned S. Holmes,
Chairman and CEO of Ned S. Holmes Investments, Inc., as manager of Roaring Fork Meadows
LLC.
Witness my band and official seal.
My Commission expires:
Notary Public
STATE OF §
§ SS.
COUNTY OF §
Subscribed and sworn to before me this day of 2014 by Linda
J. Landers as authorized representative of Landers Family Properties, LLC.
------------
Witness my hand and official 96al. LESLIE HINELiNE BOYER
My Commission ex 're ' NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19964008083
My Commission Expires April 5, 2018
rotary Pub
Page 6 of 6
ATTACHMENT
RECEPTION#: 605668,11/20/2013 at 11
10:01:16 AM,
1 OF 10, R $56.00 Doc Code AGREEMENT
Janice K. Vos Caudill, Pitkin County, CO
AMENDED AND RESTATED ROARING FORK MEADOWS SUBDIVISION/PUD
VESTED PROPERTY RIGHTS AGREEMENT
THIS AMENDED AND RESTATED�IESTED PROPERTY RIGHTS AGREEMENT
("Agreement'), made and entered into this /a? -- day of "eeowg" , 2013, by and between
ROARING FORK MEADOWS, LLC AND THE NED S. HOLMES PROFIT SHARING PLAN
(collectively "Owner") and THE BOARD OF COUN'T'Y COMMISSIONERS of the County of
Pitkin, Colorado, as the governing body of Pitkin County, Colorado ("County").
WITNESSETH
WHEREAS, Owner has submitted to the County for approval, execution and recording a
final plat entitled SECOND AMENDED PLAT of ROARING FORK MEADOWS
SUBDIVISION/PUD (the "Subdivision" or the "Project"), which plat has been filed for record in the
real property records of Pitkin County, Colorado, on // — Z O , 201a in Plat Book.5 at
Pages Q' (the "Plat"). The Plat is incorporated herein and made part hereof by this
reference while this Agreement is likewise incorporated into and made a part of the Plat by this
reference. The real property described in the Plat is herein referred to as the "Property." The
Subdivision consists of seven lots, two common parcels and one tract, to wit: Lot 1, Lot 2, Lot 3, Lot
4, Lot 5, Lot 6 and Lot 7 (the "Lots'j, Common Parcel 1 and Common Parcel 2 (the "Common
Parcels") and Tract A; and
WHEREAS, the County has fully considered the Plat, the proposed development and
improvements of the lands therein, and the effects of the proposed development and improvement of
said lands on adjoining or neighboring properties and property owners; and
WHEREAS, County has imposed certain conditions and requirements in connection with its
approval, execution and recordation of the Plat finding such matters necessary to protect, promote
and enhance the public welfare, and is willing to execute the Plat upon Owner's agreement to the
obligations herein, all as required by the Pitkin County Land Use Code (the "Code"); and
WHEREAS, the County and Owner have, simultaneous with the execution hereof, executed
for recording the Amended and Restated Roaring Fork Meadows Subdivision/PUD PUD Guide
("PUD Guide") defining the conditions and terms for development of the Subdivision; and
WHEREAS, pursuant to Resolution No. 068-2004 adopted June 9, 2004 and recorded as
Reception No. 499298 in the office of the Clerk and Recorder of Pitkin County, Colorado, the Pitkin
County Board of County Commissioners (the `BOCC") granted the Morrow/Wingo Junction
Subdivision/P.U.D. approvals for Lots 1-5 and Common Parcels 1 and 2 of the Property. As a result,
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the area north of the Alexis Arbaney Ditch, including the Basalt/Old Snowmass Trail, has been
encumbered with a conservation easement, and all areas below the Alexis Arbaney Ditch and outside
of the development envelopes which were historically irrigated pastures have been subjected to an
agricultural preservation easement to be operated by the homeowners' association. In addition to the
foregoing, BOCC Resolution No. 068-2004 includes PUD approval to vary the minimum lot area
and setback requirements of the then underlying AFR-10 zone district; 1041 hazard review and
conceptual submission approval for the development envelopes; growth management exemption for
development of single-family residences of up to 5,750 square feet of floor area on two BOCC-
approved subdivided lots (Lots 1 & 2); growth management exemption and special review approval
to establish the five free-market residential lots as transferable development right (TDR) receiver
sites in order to accommodate up to 8,250 square feet of residential floor area on each lot; and,
growth management exemption and special review approvals to convert two existing residences into
employee housing.
WHEREAS, pursuant to Resolution No. 143-2005 adopted on October 12, 2005, (hereinafter
referred to as the "Resolution'), the BOCC granted Detailed Subdivision and Final Plat approval to
the Subdivision. Such approvals provided for creation of (a) five free-market, single-family
residential lots; (b) two common parcels, with one common parcel to contain employee housing,
agricultural buildings and common uses and the other common parcel to contain trails and common
recreational facilities; and (c) one Tract for a limited use trailhead parking lot to be dedicated to
Pitkin County Open Space. The Subdivision is subject to all conditions and restrictions set forth in
said Resolution; and
WHEREAS, pursuant to Resolution No. 1442005, the BOCC granted approval of three
TDRs from the Morrow South Parcel across Highway 82, which are limited to use on the Property as
three initial development rights for up to 5,750 square feet of floor area on each of Lots 3, 4 & 5.
WHEREAS, the original PUD Guide for the subdivision was recorded as Reception No.
523402. The BOCC subsequently designated four cabins on the property to the Pitkin County
Historic Register and granted a growth management exemption for 2,500 square feet of subgrade
space on each of Lots 2-5 pursuant to Resolution No. 051-2008. The Covenant Agreement for the
Preservation of the Historic Resources was recorded as Reception No. 550630, and the amended
PUD Guide was recorded as Reception No. 550997. The PUD Guide was further amended pursuant
to Resolution No. 061-2010 to clarify that the existing residences on Common Parcel 1 needed to be
deed -restricted prior to issuance of a Certificate of Occupancy for a free-market residence on any of
Lots 3, 4 or 5 to mitigate for 3.465 full-time equivalent employees (FTEs). The Amended PUD
Guide was recorded as Reception No. 571156; and
WHEREAS, pursuant to Administrative Decision No. 40-2010 approved on June 24, 2010
and recorded as Reception No. 571752 of the Pitkin County Records, the Pitkin County Community
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Development Director approved Minor Amendments to the Subdivision/PUD and Minor Plat
Amendments, including the approval to rename the subdivision "Roaring Fork Meadows
Subdivision/PUD," to realign the main access road of the subdivision (Wingo Ranch Road, now
"Tejas Trail"), and to revise utility easements to reflect the existing location of those utilities.
Additionally, the BOCC approved an amendment to the PUD Guide pursuant to Resolution No. 061-
2010; and
. WHEREAS, pursuant to BOCC Resolution No. 077-2011 granted on August 10, 2011 and
recorded as Reception No. 582743 of the Pitkin County Records, the BOCC approved an amendment
to the PUD Guide for the Roaring Fork Meadows Subdivision/PUD regarding employee housing
mitigation as well as Site Plan Review for the potential replacement three-bedroom employee
housing on Common Parcel 1, or for payment of cash -in -lieu; and
WHEREAS, pursuant to Resolution No. PZ -8-2010, the Planning and Zoning Commission
(P&Z) gave the Barta Parcel GMQS application a score of 24 points, exceeding the minimum
threshold of 22 points and found the property eligible for a rural area residential GMQS allotment;
and
WHEREAS, pursuant to Resolution No. 016-2012 granted on February 22, 2012 and
recorded as Reception No. 587630, the BOCC granted approvals for the Conceptual Submission of
the Barta Parcel Subdivision into two lots, as well as Subdivision Exemption approval for a Major
Plat Amendment to the Roaring Fork Meadows Subdivision/PUD (adding the two new lots to that
subdivision as Lots 6 and 7), Activity Envelope approval for the newly created lots, and GMQS
Exemptions for the fathering parcel and barn square footage. In this Resolution, the BOCC found
the following: - -
a. that there is adequate lot area (70.395 acres) to accommodate seven (7) lots on the
combined properties;
b. that the condition of BOCC Resolution No. 82-127 stating, "Parcel 1 and Parcel 3 cannot
be subdivided further" was not intended to prevent the Applicant from pursuing a
subdivision, subject to the Code in effect at the time, as is requested;
c. that Owner's request to amend the condition was considered under the Code provision
for a major amendment to a development permit. The Code provides that a major
amendment shall require a new application of the same type required for the original
approval. The Code no longer includes a provision for an Agricultural Lot Split, thus
subdivision is the applicable review process;
d. that the Major Plat Amendment is being utilized to combine two subdivisions into one,
and is not being utilized to re -subdivide the Roaring Fork Meadows Subdivision/PUD to
increase the number of lots within the land area contained on the plat; therefore, the
Major Plat Amendment complies with the Code;
e. that the Activity Envelopes on Lots 6 and 7 avoid constrained areas; and,
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f. that the subdivision of the Barta Parcel complies with the applicable provisions of the
Code; and
WHEREAS, Resolution No. 017-2012 allocated 5,750 square feet of floor area to the newly
created lot (Lot 7). The BOCC also rezoned the Barta parcel with a PUD Overlay pursuant to
Ordinance No. 5-2012, making the effective zoning AR-10/PUD; and
. WHEREAS; pursuant to Resolution No.003-2013 adopted on January23, 2013, and recorded
as Reception No. 598085 of the Pitkin County Records (hereinafter referred to as the "Resolution',
the BOCC granted approval to The Barta Parcel Subdivision/PUD Detailed Submission and Final
Plat, Subdivision Exemption for a Major Plat Amendment to the Roaring Fork Meadows
Subdivision/PUD, Activity Envelope/Site Plan Review for Common Parcel 2, and Vested Rights
Extension. Such approvals provided for addition of two single-family residential lots (Lots 6 and 7)
to the subdivision and for Site Plan/Activity Envelope approval for a new recreational facilities
envelope on Common Parcel 2 to replace the original recreational facilities envelope (the original
envelope is now a Landscape & Access Envelope only). The Subdivision is subject to all conditions
and restrictions set forth in said Resolution; and
WHEREAS, the Amended and Restated Roaring Fork Meadows Subdivision/PUD Guide and
this Amended and Restated Vested Property Rights Agreement supersede and replace all previous
versions/iterations of the same in their entirety, respectively. In the event of any conflicts between
any of the aforementioned Resolutions and the Amended and Restated Subdivision/PUD
Guide/Agreement and the Amended and Restated Vested Property Rights Agreement, the terms and
provisions of these Agreements shall govern and control. In the event of any conflicts between any
of the aforementioned Resolutions themselves, the terms and provisions of the most recently
approved Resolution shall govern and control.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, the approval, execution and acceptance of the Plat for recordation by the County,
and for other good and valuable considerations, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto stipulate and agree as follows.
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ARTICLE I
VESTED PROPERTY RIGHTS
The Plat, Resolution No. 068-2004, Resolution No. 143-2005, Resolution No. 144-2005,
Resolution No. 051-2008, Administrative Decision No. 40-2010, Resolution PZ -8-2010, Resolution
No. 061-2010, BOCC Resolution No. 077-2011, Ordinance No. 5-2012, Resolution No. 016-2012,
Resolution No. 017-2012, and Resolution No. 003-2013, the Amended and Restated PUD Guide,
and this Agreement between the parties, collectively granting and defining the final PUD and
Subdivision approvals for the Subdivision, including but not limited to the Lots, the Envelopes, road
and driveways alignments, setbacks, growth management exemptions and rights, and floor area
established thereunder and as set forth in this Agreement, collectively constitute the "Site Specific
Development Plan' for the Project pursuant to §24-68-101, et seq., C.R.S. In light of all relevant
circumstances, including but not limited to the size of the development, economic cycles and market
conditions, the Subdivision and each of its Lots, as well as the Site Specific Development Plan for
the Project shall be vested against any changes in the County Code, Subdivision Regulations, PUD
Regulations or Zoning Regulations, for a period of five (5) years from February 23, 2013, thereby
expiring on February 23, 2018. Such vesting shall apply to all of the rights and entitlements set forth
in the Site Specific Development Plan and any other agreements and documents executed in
connection with the Subdivision and consistent with Colorado Statutes. The Site Specific
Development Plan shall be considered a "development agreement" as that term is used in Section 24-
68-104 of the Colorado Revised Statutes, and shall include the right to develop and use the Property
in the manner permitted under the Approvals. Except with respect to the application of ordinances or
regulations of a general nature and applicability and with respect to reasons of public health, safety
and welfare, each as permitted.under the Vested Rights Statute, §24-68-105 et seq., C.R.S., or as
otherwise provided in the Vested Rights Statute, no zoning or -land use action by Pitkin County or
action pursuant to an initiated measure that would alter, impair, prevent, diminish, impose a
moratorium on development, or otherwise delay the development or use of the Property as permitted
pursuant to the Approvals shall apply to or be effective against the Property or the development
thereof until the Vesting Period Expiration Date.
ARTICLE II
GENERAL PROVISIONS
1. The terms and provisions of this Agreement shall be binding upon and inure to the
benefit of Owner, the County, and their respective successors and assigns, including all future
owners of Lots 1, 2, 3, 4, 5, 6 and 7 and Common Parcels 1 and 2, respectively, the owners of the
deed restricted residential units on Common Parcel 1, and any homeowner's association created for
the benefit of the owners of Lots.
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2. This Agreement shall be subject to and construed in accordance with the laws of the
State of Colorado.
3. If any of the provisions of this Agreement or any paragraph, sentence, clause, phrase,
word, or section or the application thereof in any circumstance is invalidated, such invalidity shall
not affect the validity of the remainder of the Agreement, and the application of any such provision,
paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected
thereby.
4. This Agreement contains the entire understanding between the parties hereto with
respect to the subject matter hereof This Agreement and/or the Plat and all attachments thereto, may
be amended or supplemented by the recording in Pitkin County, Colorado real property records of a
written amendment executed and acknowledged by Pitkin County and by the then -current record
owners of at least five (5) of the seven (7) properties known as Lots 1, 2, 3, 4, 5, 6 and 7 with each
such Lot having one (1) vote in the matter. No amendment may further restrict what can be built on
Lots 1, 2, 3, 4, 5, 6 or 7, respectively, unless the owner of the affected Lot has signed the amendment.
5. Upon execution of this Agreement, the County agrees to approve and execute the Plat
for the Subdivision, and to accept the same for recordation in the office of the Clerk and Recorder for
Pitkin County, Colorado, upon payment of the recordation fee by Owner. Owner's obligations to
construct the improvements contemplated hereunder are expressly contingent on the County's .
approving and executing the Plat and the recordation of the same in the office of the. Clerk and
Recorder of Pitkin County, Colorado.
- 6. Except as expressly set forth in this Agreement, no representations of any kind,
express or implied, are given or made by Owner or their respective agents or employees in
connection with the Subdivision or any Lot, Common Parcel or Tract therein or any portion thereof,
or any improvements thereon, or physical features thereof, or the fitness thereof for any purpose, or
access or utility service thereto, or the development potential thereof or any manner of compliance
with the Pitkin County Land Use Code or applicable environmental or other laws or regulations, or
with respect to the cost of owning, developing, enjoying or maintaining any of the lands within the .
Subdivision.
7. All covenants, restrictions, conditions and obligations herein contained are covenants
running with the land and shall attach and bind and inure to the benefit of the Owner and County,
their respective grantees, successors and assigns.
8. In the event Owner does not develop the Subdivision or market the individual Lots,
Owner may sell all the Lots in bulk in the Subdivision to a third party who may develop the
Subdivision, or portions thereof, including the construction of the public improvements
contemplated hereunder, in accordance with and subject to the provisions ofthis Agreement. Upon
such a bulk sale to a third party, Owner shall be automatically released of all liability and obligations
under the terms of this Agreement and the new owner shall be subject to all the provisions hereof.
9. Any notice, communication, request, reply or advice (hereinafter severally and
collectively, for convenience, called Notice) in this Agreement provided or permitted to be given,
made or accepted by either party to the other party must be in writing and may, unless otherwise in
the Agreement expressly provided, be given or be served by depositing the same in the United States
mail, postage prepaid and certified and addressed to the party to be notified, with return receipt
requested, or by hand -delivering the same to an officer or agent of such party. Notice deposited in
the mail in the manner hereinabove described shall be effective from and after the expiration of three
days after it is so deposited. Notice given in any other manner shall be effective only if and when
received by the party to be notified. For purposes of Notice, the addresses of the parties shall, until
changed as hereinafter provided, be as follows:
To Pitkin County: The Board of County Commissioners
c/o Pitkin County Manager
Pitkin County Courthouse
506 East Main Street
Aspen, Colorado 81611
To Owner: Roaring Fork Meadows LLC
c/o Mr. Ned S. Holmes
55 Waugh Drive, Suite 1111
- Houston, Texas 77007 --
The parties hereto shall have the right from time to time to change their respective addresses, and
each shall have the right to specify as its address any other address within the United States of
America by at least five days' written Notice to the other party.
10. Pitkin County and Owner, and their respective successors or assigns, shall each have
the right to prosecute an action at any time to enforce the provisions of this Agreement by injunctive
relief and/or for damages by reason of any violation of this Agreement. The substantially prevailing
party in any action brought to interpret or enforce this Agreement and/or for damages for a violation
hereof shall be entitled to an award of its reasonable attorneys' fees and costs.
IN WITNESS WHEREOF, the parties have executed this Amended and Restated
Subdivision Improvements and Development Agreement the day and year first written above.
[Remainder of page intentionally left blank; signatures on following pages.]
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L!:
STATE OF COLORADO )
E
THE BOARD OF COUNTY COMMISSIONERS
OF PTTKIN COUNTY, COLORADO
Chairperson st-j r/
APPROVED AS TO FORM:
By ,
Coon or
ss.
COUNTY OF PITKIN9L )
S cribed and sworn to before me this Aday of V Y' 200 ,9, by
a Chairperson of the Pitkin County Board of County Commissioners.
Witness my hand and official seal.
My commission expires: 7-17-1 q
Fr- TARY
Pt m8 p
1 JA/ D 6J,�
No Public
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OWNER:
Roaring Fork Meadows LLC, a Colorado Limited Liability Company
By: Ned S. Holmes Investments, Inc., its manager
By:
Ned ErHohnes Dated
Chairman and CEO
The Ned S. Holm rofit ShariDg Plan
By/b-3-l3
Ned S.ffo6js, -Trustee �, Dated
to ?, ?�
Kathleen E. Temme, Co -Trustee Dated
STATE OF TEXAS )
)ss.
COUNTY OF HARRIS )
The foregoing instrument was acknowledged before me thi0day of 2013 by
Ned S. Holmes, Chairman and CEO of Ned S. Holmes Investments, Inc., manager of Roaring Fork
Meadows LLC on behalf of Roaring Fork Meadows, LLC, a Colorado Limited Liability Company.
Witness my hand and official seal.
My commission expires
f -I
Notary Public
D. a EN FERGOI.D
-9- ABY COMMISSION EXPIRES
Apri 25, 2014
n
STATE OF TEXAS )
) ss.
COUNTY OF HARRIS )
t]
a
The foregoing instrument was acknowledged before me this day of (% 06t✓ 2013 by
Ned S. Holmes, Co -Trustee of The Ned S. Holmes Profit Sharing Plan.
Witness my hand and official seal.
My commission expires j ,?.1--
STATE OF TEXAS )
) ss.
COUNTY OF HARRIS )
Notary Public
3
D. ELLEN FEINGOt.D
COMMISSION EXPIFIES
„ A0 4 2014
Rb
The foregoing instrument was acknowledged before me this 3 day of Q r 2013 by
Kathleen E. Temme, Co -Trustee of The Ned S. Holmes Profit Sharing Plan
Witness my hand and official seal.
My commission expires �
Z�
Notary Public
Moimw\Hohces-RoaringForkMeadws/DefniledSubmssion-FinalPlat/Amanded Vest i]l
t 43U-13.doc
' - - D. ELIM FEIt
6A4fdtSStON 25,2D
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RECEPTION#: 616519, 01/, /2015 at 03:31:46 PM, 1 OF 3,
Janice K. Vos Caudill, Pitkin County, CO
R $0.00
ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF
PITKIN COUNTY, COLORADO, APPROVING THE LANDERS FAMILY PROPERTIES, LLC
SITE PLAN REVIEW
Administrative Decision No.gK 2014
RECITALS
1) Landers Family Properties, LLC (hereafter "Applicant") has applied to the Community Development
Director of Pitkin County (hereafter "Director") for Site Plan Review approval to develop a single
family residence. The Applicant is also requesting a Minor Plat Amendment to move the Access and
Utility Easement on Lot 2 approximately 70 feet to the south and a Minor Amendment to the Activity
Envelope Plan to move the Access Envelope accordingly.
2) The property is located on Tejas Trail off of Hoaglund Ranch Road, and is more specifically
described as Lot 6, Roaring Fork Meadows Subdivision/PUD.
3) The lot is zoned AR -10 and contains 5 acres.
4) The Board of County Commissioners (" BOCC") granted approval to re -subdivide Parcels 1 and 2 of
the Barta Family Subdivision into Lots 6 and 7 of the Roaring Fork Meadows Subdivision/PUD,
pursuant to Resolution Nos. 016-2012 and 003-2013. The Amended Final Plat was recorded in Plat
Book 105 at Pages 8-11. The Activity Envelope Plat for Lot 6 was recorded in Plat Book 105 at Page
90. The Subdivision/PUD Guide is recorded as Reception #605667. The Vested Property Rights
Agreement is recorded as Reception #605668. The vested property rights expire on February 23,
2018.
5) The Director finds that the request complies with the applicable provisions of the Code, as follows:
A) The proposed residence is within the previously approved Activity Envelope.
B) Only landscaping and grading will occur within the previously approved Disturbance and
Landscaping Envelope.
C) The residence is not visible from Highway 82.
D) The proposed residence contains approximately 4,843 square feet of floor area. A maximum of
5,750 square feet of floor area is permitted by Resolution No. 016-2012; the floor area is exempt
from growth management.
E) The shift of the Access and Utility Easement on Lot 2 and the Access Envelope on Lot 6 will
lessen vegetation removal for the driveway by taking advantage of an existing clearing in the
vegetation along the ditch.
F) The amendment to the plat for the access easement will not affect the degree of compliance with the
Code, will be made to a recorded plat, and is consistent with representations made in prior reviews.
G) The lot will share the well on Lot 7, pursuant to a Well and Waterline Ownership and Easement
Agreement recorded as Reception #614243.
H) The on-site wastewater treatment system can be accommodated within the Activity Envelope.
1) The Kester Ditch Company has agreed to allow the Applicant to install a culvert in the ditch and
construct a driveway over the ditch, to line the ditch to protect the residence on Lot 6, and to
provide utility sleeves.
RECEPTION#: 616519, 01/05/2015 at 03:31:46 PM, 2 OF 3,
Janice K. Vos Caudill, Pitkin County, CO
Administrative Decision No. ;�'g-1014
Page 2
APPROVED by the Director, subject to the following conditions, which shall run with the land and be
binding on all successors in interest:
1. The Applicant shall adhere to all material representations made in the application and shall consider those
representations to be conditions of approval, unless amended by other conditions.
2. All prior conditions of approval related to Lot 6 shall remain in full force and effect, unless
specifically amended herein.
3. Prior to submission of any building permit applications for the residence, the Applicant shall be
required to submit for approval by the County Attorney and Community Development a Site Plan in
accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. The above
referenced approvals shall be a condition precedent to finalization and recordation of them. The Site
Plan shall be amended as follows:
A. Increase the width of the driveway to 16'.
B. Amend the landscaping plan to eliminate the Saskatoon serviceberry and replace it with a non -
fruit bearing species.
4. With the building permit application for the residence, the Applicant shall:
A. Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and
fire protection purposes, and for irrigation purposes, if applicable.
B. Submit a site specific drainage and erosion control plan prepared by a qualified engineer or geologist
for review and approval by the Planning Engineer. If the project disturbs more than one acre, a State
Stormwater Permit shall be obtained prior to permit issuance. All historic and natural drainage
patterns shall be maintained.
C. Submit a construction management plan for review and approval by the Planning Engineer.
D. Submit a detailed landscape plan and revegetation plan for disturbed areas with appropriate seed
mixes.
E. Submit an exterior lighting plan. The proposed outdoor entry lights shall comply with the
requirement to fully shield the bulb behind opaque shielding.
F. Submit a fireplace/woodstove registration form with the Community Development Department, if
necessary.
G. Demonstrate that the proposed residence is _within 600' via an approved route of an existing fire
hydrant, or submit an application for a new hydrant to comply with this provision.
5. Prior to issuance of a building permit for the residence, the Applicant shall:
A. Obtain an On -Site Wastewater Treatment System ("OWTS") Construction Permit application from
Environmental Health.
B. Pay the applicable road and employee housing impact fees.
C. Obtain a County access/driveway, which shall be approved by the Planning Engineer and the
Basalt Fire Department.
D. Obtain a fireplace/woodstove permit from the Community Development Department, if
necessary.
6. The Applicant shall comply with all standards for development within Scenic View Protection Areas
as represented in the application and approved in this Decision. The exterior of the residence shall
utilize indigenous earth tone materials or colors and the roofs shall have a non -reflective color or
composition. Reflective roof materials shall not be used unless the materials are treated prior to
RECEPTION#: 616519, 01/t,_i2015 at 03:31:46 PM, 3 OF 3,
Janice K. Vos Caudill, Pitkin County, CO
Administrative Decision NZ?� -2014
Page 3
installation to eliminate reflectivity, with the exception of materials associated with solar or
photovoltaic equipment. Driveway lighting is prohibited and all other lighting shall comply with the
lighting code.
7. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements
have been conducted. These requirements will be considered at the time of building permit. Any
structures represented in the application may not be permitted under building and zoning regulations.
8. Failure to comply with the conditions of this approval may result in revocation of this approval, or
any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this
property.
9. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County
Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use
Code § 2-20-170 and C.R.S. § 24-68-105. The statutory vested rights granted herein shall expire on
bQC . o9 Ci 2017.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the
23rd day of October, 2014.
APPROVED by the Director, this o?9 day of 0 l _. 2014.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the
Aspen Times Weekly on the 15 day of�lnuan , 201X
Cindy Houben,�
Community Development Director
PID4246721203006
P082-14
3
ATTACHMENT 10
RECEPTION#: 605667,11/20/2013 at
10:01:15 AK
1 OF 30, R $0.00 Doc Code PUD
Janice K. Vos Caudill, Pitkin County, CO
AMENDED & RESTATED
ROARING FORK MEADOWS SUBDIVISION/PUD GUIDE
THIS AMENDED AND REST TED SUBDIVISION/PUD GUIDE ("Agreement"), made
and entered into this � day of 201_, by and between ROARING FORK
MEADOWS LLC AND THE NED S. IAOLMES PROFIT SHARING PLAN (collectively "Owner")
and THE BOARD OF COUNTY COMMISSIONERS of the County of Pitkin, Colorado, as the
governing body of Pitkin County, Colorado ("County").
WITNESSETH
WHEREAS, Owner has submitted to the County for approval, execution and recording a
final plat of Roaring Fork Meadows Subdivision/PUD, which SECOND AMENDED PLAT of
ROARING FORK MEADOWS SUBDIVISION/PUD (the "Subdivision" or the "Project") has been
filed for record in the real property records of Pitkin County, Colorado, on // " ?o .2013 in
Plat Book JA� at Pages R— (the "Plat"). The Plat is incorporated herein and made part
hereof by this reference while this Agreement is likewise incorporated into and made a part of the
Plat by this reference. The real property described in the Plat is herein referred to as the "Property."
The Subdivision consists of seven lots, two common parcels and one tract, to wit: Lot 1, Lot 2, Lot 3,
Lot 4, Lot 5, Lot 6 and Lot 7 (the "Lots'), Common Parcel 1 and Common Parcel 2 (the "Common
Parcels") and Tract A; and
WHEREAS, the County has fully considered the Plat, the proposed development and
improvements of the lands therein, and the effects of the proposed development and improvement of
said lands on adjoining or neighboring properties and property owners; and .
WHEREAS, County has imposed certain conditions and requirements in connection with its
approval, execution and recordation of the Plat finding such matters necessary to protect, promote
and enhance the public welfare, and is willing to execute the Plat upon Owner's agreement to the
obligations herein, all as required by the Pitkin County Land Use Code (the "Code"); and
WHEREAS, the Owner is willing to acknowledge, accept, abide by and faithfully perform
these obligations and to enter into this Agreement with the County to provide for the same; and
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, the approval, execution and acceptance of the Plat for recordation by the County,
and for other good and valuable considerations, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto stipulate and agree as follows.
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ARTICLE I
REGULATORY APPROVALS
1. Pursuant to Resolution No. 068-2004 adopted June 9, 2004 and recorded as Reception No.
499298 in the office of the Clerk and Recorder of Pitkin County, Colorado, the Pitkin County
Board of County Commissioners (the "BOCC") granted the Morrow/Wingo Junction
Subdivision/P.U.D. approvals for Lots 1-5 and Common Parcels 1 and 2 of the Property. As a
result, the area north of the Alexis Arbaney Ditch, including the Basalt/Old Snowmass Trail, has
been encumbered with a conservation easement, and all areas below the Alexis Arbaney Ditch
and outside of the development envelopes which were historically irrigated pastures have been
subjected to an agricultural preservation easement to be operated by the homeowners'
association. In addition to the foregoing, BOCC Resolution No. 068-2004 includes PUD
approval to vary the minimum lot area and setback requirements of the then underlying AFR-10
zone district; 1041 hazard review and conceptual submission approval for the development
envelopes; growth management exemption for development of single-family residences of up to
5,750 square feet of floor area on two BOCC-approved subdivided lots (Lots 1 & 2); growth
management exemption and special review approval to establish the five free-market residential
lots as transferable development right (TDR) receiver sites in order to accommodate up to 8,250
square feet of residential floor area on each lot; and, growth management exemption and special
review approvals to convert two existing residences into employee housing.
2. Pursuant to Resolution No. 143-2005 adopted on October 12, 2005, and recorded as Reception
No. 516622 of the Pitkin County Records (hereinafter referred to as the "Resolution', the BOCC
granted Detailed Subdivision and Final Plat approval to the Subdivision. Such approvals
provided for creation of. (a) five free-market, single-family residential lots; (b) two common
parcels, with one common parcel to contain employee housing, agricultural buildings and
common uses and the other common parcel to contain trails and common recreational facilities;
and (c) one Tract for a limited use trailhead parking lot to be dedicated to Pitkin County Open
Space. The Subdivision is subject to all conditions and restrictions set forth in said Resolution.
3. Pursuant to Resolution No. 144-2005, the BOCC granted approval of three TDRs from the
Morrow south Parcel across Highway 82, which are limited to use on the Property as three initial
development rights for up to 5,750 square feet of floor area on each of Lots 3, 4 & 5.
4. The original PUD Guide for the subdivision was recorded as Reception No. 523402. The BOCC
subsequently designated four cabins on the property to the Pitkin County Historic Register and
granted a growth management exemption for 2,500 square feet of subgrade space on each of Lots
2-5 pursuant to Resolution No. 051-2008. The Covenant Agreement for the Preservation of the
Historic Resources was recorded as Reception No. 550630, and the amended PUD Guide was
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recorded as Reception No. 550997. The PUD Guide was further amended pursuant to
Resolution No. 061-2010 to clarified that the existing residences on Common Parcel 1 needed to
be deed -restricted prior to issuance of a Certificate of Occupancy for a free-market residence on
any of Lots 3, 4 or 5 to mitigate for 3.465 full-time equivalent employees (FTEs). The Amended
PUD Guide was recorded as Reception No. 571156.
5. Pursuant to Administrative Decision No. 40-2010 approved on June 24, 2010 and recorded as
Reception No. 571752 of the Pitkin County Records, the Pitkin County Community
Development Director approved Minor Amendments to the Subdivision/PUD and Minor Plat
Amendments, including the approval to rename the subdivision "Roaring Fork Meadows
Subdivision/PUD," to realign the main access road of the subdivision (Wingo Ranch Road, now
"Tejas Trail"), and to revise utility easements to reflect the existing location of those utilities.
Additionally, the BOCC approved an amendment to the PUD Guide pursuant to Resolution No.
061-2010; said amendment to Article II, Paragraph 15 of the PUD Guide has been incorporated
into this new PUD Guide and the original Paragraph 15 has been deleted.
6. Pursuant to BOCC Resolution No. 077-2011 granted on August 10, 2011 and recorded as
Reception No. 582743 of the Pitkin County Records, the BOCC approved an amendment to the
PUD Guide for the Roaring Fork Meadows Subdivision/PUD regarding employee housing
mitigation as well as Site Plan Review for the potential replacement three-bedroom employee
housing on Common Parcel 1, or for payment of cash -in -lieu.
7. Pursuant to Resolution No. PZ -8-2010, the Planning and Zoning Commission (P&Z) gave the
Barta Parcel GMQS application a score of 24 points, exceeding the minimum threshold of 22
paints and found the property eligible for a rural area residential GMQS allotment.
8. Pursuant to Resolution No. 016-2012 granted on February 22, 2012 and recorded as Reception
No. 587630, the BOCC granted approvals for the Conceptual Submission of the Barta Parcel
Subdivision into two lots, as well as Subdivision Exemption approval for a Major Plat
Amendment to the Roaring Fork Meadows Subdivision/PUD (adding the two new lots to that
subdivision as Lots 6 and 7), Activity Envelope approval for the newly created lots, and GMQS
Exemptions for the fathering parcel and barn square footage. In this Resolution, the BOCC
found the following:
• that there is adequate lot area (70.395 acres) to accommodate seven (7) lots on the
combined properties;
• that the condition of BOCC Resolution No. 82-127 stating, "Parcel 1 and Parcel 3 cannot
be subdivided further" was not intended to prevent the Applicant from pursuing a
subdivision, subject to the Code in effect at the time, as is requested;
• that Owner's request to amend the condition was considered under the Code provision
for a major amendment to a development permit. The Code provides that a major
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amendment shall require a new application of the same type required for the original
approval. The Code no longer includes a provision for an Agricultural Lot Split, thus
subdivision is the applicable review process;
• that the Major Plat Amendment is being utilized to combine two subdivisions into one,
and is not being utilized to re -subdivide the Roaring Fork Meadows Subdivision/PUD to
increase the number of lots within the land area contained on the plat; therefore, the
Major Plat Amendment complies with the Code;
• that the Activity Envelopes on Lots 6 and 7 avoid constrained areas; and,
• that the subdivision of the Barta Parcel complies with the applicable provisions of the
Code.
9. Resolution No. 017-2012 allocated 5,750 square feet of floor area to the newly created lot (Lot
7). The BOCC also rezoned the Barta parcel with a PUD Overlay pursuant to Ordinance No. 5-
2012, making the effective zoning AR-10/PUD.
10. Pursuant to Resolution No. 003-2013 adopted on January 23, 2013, and recorded as Reception
No.598085 of the Pitkin County Records (hereinafter referred to as the "Resolution7% the BOCC
granted Detailed Subdivision and Final Plat approval to the revised Roaring Fork Meadows
Subdivision/PUD. Such approvals included a Major Plat Amendment to the Roaring Fork
Meadows Subdivision/PUD for addition of two single-family residential lots (Lots 6 and 7) to
the Subdivision and for Activity Envelope/Site Plan Review approval for a new recreational
facilities envelope on Common Parcel 2 to replace the original recreational facilities envelope
(the original envelope is now a Landscape & Access Envelope only). The Subdivision is subject
to all conditions and restrictions set forth in said Resolution.
11. This Amended and Restated Roaring Fork Meadows Subdivision/PUD Guide supersedes and
replaces all previous versions/iterations of the Subdivision/PUD Guide and Amendments thereto
in their entirety. In the event of any conflicts between any of the aforementioned Resolutions and
this Amended and Restated Subdivision/PUD Guide/Agreement, the terms and provisions of this
Agreement shall govern and control. In the event of any conflicts between any of the
aforementioned Resolutions themselves, the terms and provisions of the most recently approved
Resolution shall govern and control. This Agreement reiterates the approvals granted by the
aforementioned Resolutions and approvals, but does not replace such Resolutions or approvals.
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ARTICLE II
DEVELOPMENT AND USE REQUIREMENTS AND RESTRICTIONS
The Property shall be subdivided into those Lots and Common Parcels as shown on the Second
Amended Plat, and there shall be no further subdivision of the property without compliance with the
County Code, except that Common Parcel 1 may be condominiumized for purposes of separately
transferring deed restricted affordable housing units and allowing the homeowners association (for
Lots 1-7) to retain the balance of Common Parcel 1 for purposes of accessory uses and structures,
agricultural buildings and common areas. Lots 1-7 may be used for residential and accessory
structure purposes; barns are prohibited on Lots 1-7. Common Parcel 1 is approved for two
residential housing units, common areas, agricultural uses and structures and accessory uses and
structures, including the designated historic cabins.
1. Development Limitations on Lots 1-5 Lots 6-7 Common Parcel 1 and Common Parcel 2.
a. Lots 1-5. Development on each of Lots 1-5 shall be limited to one (1) free market single-
family residence, one (1) caretaker dwelling unit ("CDU") if duly approved by the County,
and such accessory uses and structures as may be permitted from time to time in the AR-10
(Agricultural/Residential-lOAcre) zone district or any successor to such zone district,
provided, however, that barns and similar agricultural structures are prohibited on Lots 1-5.
b. Lots 6-7. Development on each of lots 6-7 shall be limited to one (1) free market single-
family residence, one (1) caretaker dwelling unit ("CDU") if duly approved by the County,
and such accessory uses and structures as may be permitted from time to time in the AR 10
zone district or any successor to such zone district, provided, however, that barns and similar
agricultural structures are prohibited on Lots 6-7.
c. Common Parcel 1. Development on Common Parcel 1 shall be limited to two (2) deed
restricted employee dwelling units, any caretaker dwelling unit(s) duly approved by County,
and such accessory uses and structures as may be permitted from time to time in the AR -10
zone district or any successor to such zone district. The two deed restricted employee
housing units on Common Parcel 1 are exempt from growth management requirements. The
maximum allowable residential floor area on Common Parcel 1 (the two deed restricted
employee dwelling units, any approved caretaker dwelling unit(s), and structures accessory to
these dwelling units combined) shall be 4,000 square feet; the maximum allowable
accessory/agricultural floor area shall be 6,150 square feet (based on the acreage of the
Property plus reallocation of the 1,750 square feet of Common Parcel l's unused residential
floor area to agricultural/accessory structure use) and development of up to 6,150 square feet
of agricultural/accessory floor area is exempt from growth management. Additional
agricultural/accessory floor area may be allowed pursuant to regulations in effect at the time
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of building permit for such agricultural/accessory structures including but not necessarily
limited to obtaining additional growth management allotments as described below.
d. Common Parcel 2. Development on Common Parcel 2 shall be limited to: (1) a trail and any
necessary stairway structure located within the fisherman's access easement shown on the
Plat between the Railroad ROW and the Fisherman's Easement along the river; and (2)
common recreational facilities and amenities available for the owners of Lots such as picnic
benches and tables, fire -pit for wood burning and/or gas connection, landscaping and such
other similar recreational amenities as may be approved by the Community Development
Department, all of which shall be located within the "Recreational Facilities Envelope"
shown on the Activity Envelope/Site Plan Plan for Common Parcel 2 and said Activity
Envelope/Site Plan also shows the recreational facility that was approved by the BOCC. A
new Recreational Facilities Activity Envelope on Common Parcel 2 of the Roaring Fork
Meadows Subdivision/PUD on the bench below the Rio Grande Trail ("lower bench") has
been approved as depicted on the Activity Envelope/Site Plan for Common Parcel 2,
recorded in Book jQ5 at Page 41' ; as further depicted thereon, the previous/original
envelope will only be used for landscaping and access improvements. In addition to the
foregoing, development on Common Parcel 2 shall be limited as follows: the recreational
facility approved by the BOCC and shown on the Activity Envelope/Site Plan for Common
Parcel 2 shall be limited to a maximum of 750 square feet of floor area; the recreational
facility shall be not more than one story and a maximum height of 20' to the top of the roof
ridge; the recreational facility shall not contain a full kitchen, bath facility or bedroom(s) and
shall not be served by a well or a traditional on-site wastewater treatment system. Water may
be stored on-site and a composting toilet or other "green" alternative toilet facility may be
installed on-site; and, electric and gas lines may be extended to the site. The recreational
facility on Common Parcel 2 shall comply with all other applicable conditions of BOCC
Resolution 016=2012 and shall not be leased or utilized for Special Events, as such are
defined in the Pitkin County Land Use Code. It is not the intent for cars to park along the
road on Common Parcel 2, given that there are two parking spaces designated on the Site
Plan; landscaping must be installed to screen those two spaces from the river.
Furthermore, with the building permit application for a recreational facility on Common
Parcel 2, the applicant shall:
i. Provide proof of water -storage on-site, if applicable.
ii. Obtain an access permit for any road improvements, which shall be approved .by
Planning/Zoning.
iii. Obtain a fireplace/woodstove permit from the Community Development Department, if
necessary.
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iv. Submit a site-specific drainage and erosion control plan prepared by a qualified engineer
or geologist for review and approval by the Planning Engineer. If the project disturbs
more than one acre, a State Stormwater Permit shall be obtained prior to permit issuance.
All historic and natural drainage patterns shall be maintained.
v. Pay the applicable road and employee housing impact fee.
vi. Obtain a permit for a composting or other "green" alternative toilet facility from the
Environmental Health and Natural Resources Department.
vii. Submit a construction management plan for review and approval by the Planning
Engineer.
viii. Submit a detailed landscape plan and revegetation plan.
ix. Provide documentation that the hydrant at the end of Tej as Trail has been accepted by the
Basalt and Rural Fire Protection District. The hydrant must be serviced, turned toward
the street and approved by the fire department.
e. Structures. All new structures (except as may be otherwise provided herein) developed on
Lots 1-5 must be located within the Building Envelopes depicted on the 1041 Hazard Review
Site Plans for such Lots (hereinafter the "Building Envelopes"), as may be amended through
the Site Plan Review process. All new structures on Lots 6 and 7 must be located within the
"Activity Envelopes" depicted on the Activity Envelope Plan for the given Lot as may be
amended through the Site Plan Review process. Prior to submission to the County of any
building or other development permit applications for Lots 1-7, the applicant/lot owner shall
be required to submit for approval of an application to Pitkin County for Site Plan Review
pursuant to Pitkin County Land Use Code Sections 2-30-20 and 7-10-50.
f.- Lots 1-5, Floor Area, GMQS Exemptions and MR& The total floor area (single-family
residence, approved CDU, and any accessory structures combined) on each of Lots 1-5 shall
be allowed up to a maximum of 8,250 square feet, as further limited herein. A maximum of
5,750 square feet of floor area may be above grade and a maximum of 2,500 square feet of
floor area may be below grade. Floor area calculations shall be based on the definition of
floor area in the Code in effect at the time a building permit is applied for on a particular Lot,
except that below grade floor area shall be subject to the definition of the same provided in
sub -paragraph l .f.iii., below. The number of square feet of allowable floor area shall not be
reduced by any change in the Code or to the definition of Floor Area. Lots 1 and 2 are the
"fathering" parcels and are exempt from growth management for up to 5,750 square feet of
floor area. Lots 3, 4 & 5 are the approved receiver sites for the three TDRs approved by
Resolution No. 144-2005, which TDRs are specifically limited to use on such lots as initial
development rights for such Lots for up to 5,750 square feet each. All of Lots 1-5 are
approved as receiver sites for TDRs under the Code for additional square footage. Lot 1 is
currently developed with 8,250 square feet of floor area in accordance with the foregoing.
Each of Lots 2-5 maintains 5,750 square feet of initial development rights in accordance with
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the foregoing, and each of Lots 2-5 may also be developed with up to 2,500 square feet of
below grade space exempt from growth management and without the use of TDRs pursuant
to BOCC Resolution No. 051-2008, recorded as Reception No. 550136. Not more than
8,250 square feet of floor area limited as stated herein may be developed on any of Lots 1-5.
More specifically,
i. A single-family residence has been developed on Lot 1 using a 5,750 square foot
"fathering parcel" initial development right for above -grade space as well as a 2,500
square foot TDR for below grade space; this Lot may be redeveloped in accordance with
then applicable Pitkin County Codes. A single-family residence may be developed on
Lot 2 exempt from growth management with up to 5,750 square feet of floorarea above
grade ("fathering parcel" initial development right) and up to 2,500 square feet of below
grade space exempt from growth management and without the use of TDRs pursuant to
BOCC Resolution No. 051-2008, recorded as Reception No. 550136.
ii. A single-family residence may be developed on each of Lots 3, 4 and 5 exempt from
growth management up to 5,750 square feet of floor area upon the Lot owner's
submission of one (1) of the TDRs good for an initial development right approved by
Resolution No. 144-2005 prior to building permit application. These residences may
each be expanded below grade by.an additional 2,500 square feet of floor area exempt
from growth management and without the use of TDRs pursuant to BOCC Resolution
No. 051-2008, recorded as Reception No. 550136 (for a total cumulative Limit of 8,250
square feet of floor area).
- iii. For purposes hereof `Below Grade" space shall satisfy all of the following criteria:
(a) Except as specifically described in the following subparagraphs, below -grade spaces
shall be located below both the natural and finished grades. if any part of the below -
grade space is exposed above natural or finished grade (such as walkout basements,
walls or courts), the entire below grade area shall count as above grade floor area.
(b) Below -grade spaces shall be accessed only by stairway or elevator from the story
directly above, or through a door from a garage adjacent to or a part of the below -
grade area.
(c) Below -grade spaces shall be no greater than twenty feet (20') in depth and no more
than a single story. "Story" shall mean that portion of a building included between
the upper surface of a floor and the upper surface of the floor above.
(d) Below -grade spaces shall not contain doors to the exterior of the structure.
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(e) Below -grade bedrooms shall be allowed no more than one egress window per
bedroom. Below -grade spaces that contain no bedrooms will be allowed only one
egress window for such below grade space. When below grade egress is achieved
through one or more below grade bedrooms, no additional egress shall be provided.
Egress window well size shall not exceed the minimum allowed by the IBCARC.
(f) Habitable below -grade spaces may be provided with aggregate glazing area of not
more than 8% of the habitable area of the room. "Habitable" shall mean a space
in a building for living, sleeping, eating or cooking. Unfinished basements shall
be considered habitable spaces. Bathrooms, toilet rooms, closets, halls, storage or
utility spaces and similar areas shall not be considered habitable spaces. Window
wells for Natural Light have a maximum dimension of 3 feet from the exterior
wall. The maximum window well width shall be no more than the width of the
window.
(g) Foundation walls for below -grade spaces may be exposed above natural and
finished grade to the minimum degree required by the IRC pertaining to
foundation design for the structure.
(h) Up to ten percent (10%) of any particular below -grade wall surface may extend
above natural grade as long as the finished grade covers the wall surface that
would otherwise be exposed.
(i) Garages up to seven hundred and fifty (750) square feet may be incorporated into
below -grade space and the garage doors may be exposed to the exterior as long as
remainder of the below -grade space otherwise satisfies the above criteria.
(j) In the event Pitkin County shall adopt a more permissive definition of "below -grade"
area space, Owner shall retain the right to the benefit thereof.
g. Lots 6-7, Floor Area, GMQS Allotments and Exemptions. The total floor area allowed
(single-family residence, any CDU that may be approved by Pitkin County, and any
accessory structures, combined) on each of Lots 6 and 7 shall include up to a maximum of
5,750 square feet of floor area. The floor area on Lot 6 results from the GMQS Allotment
granted to this parcel, while the floor area of Lot 7 is exempt from GMQS as the fathering
parcel. Agricultural buildings are prohibited on Lots 6 and 7. For so long as the current
vested rights period remains in effect (through February 23, 2018), floor area calculations
shall be based on the definition of floor area in the Code as of February 23, 2013. Once
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vested rights expire, floor area calculations shall be based on the definition of floor area in
the Code in effect at the time a building permit is applied for on a particular Lot.
h. Heights. On each of Lots 1-6 and on Common Parcel 1, the height of any new single-family
residence shall be limited to twenty-eight (28) feet, as calculated by County at the time of
building permit issuance. Accessory structures, including any approved detached caretaker
dwelling units, shall be limited to twenty (20) feet in height and shall otherwise comply with
Pitkin County accessory structure standards in effect at the time of building permit issuance
to the extent that such do not conflict with the accessory structure growth management
exemptions and floor area limitations described herein. The height limit for any structures on
Lot 7 shall be limited to not more than nineteen feet, six inches (19'-6"), which allows a
maximum pitched roof ridge height of twenty-four feet, six inches (24'-6").
i. Envelopes. No development, including grading, excavation, fill placement, landscaping,
berming, entry or ranch gates, vegetation removal or disturbance, on-site wastewater
treatment systems or wells, construction staging or parking, shall occur outside the Building
or Activity Envelopes on any Lot unless specifically approved through Site Plan Review,
with the following exceptions and understandings:
i. `Building Envelope" shall be as defined in the Code, as may be amended from time to
time. Lots 6 and 7 have approved "Activity Envelopes" in accordance with the 2012
County Land Use Code. The Subdivision includes "Accessory and Disturbance
Envelopes" allowing for landscaping, temporary construction staging activities,
installation of utilities and similar activities. The Subdivision also includes "Landscaping
Envelopes" around certain features such as but --not limited to ponds to allow for
vegetation, other landscaping improvements, pond development, and the similar. The
Subdivision also includes "Utility and Access Envelopes" to provide for development of
driveways and utility extensions and the similar to the Building Envelopes, Accessory and
Disturbance Envelopes, and Activity Envelopes. As hereinafter used, the term
"Envelopes" shall include all types of envelopes included in the Subdivision considering
the uses and purposes contemplated hereinabove for each type of envelope. All buildings
shall be located within the Building or Activity Envelopes and shall not be located in the
Accessory Envelopes. All driveways, utilities (except as necessary for wells and service
lines from a well to an Envelope) and utility service lines shall be located within an
Envelope. All disturbed areas outside of Building Envelopes shall be re -vegetated to
preserve the historically irrigated areas. No disturbances other than as noted below may
occur outside of Activity Envelopes unless specifically approved by the County through
Site Plan Review or other appropriate means. Notwithstanding previously approved
Envelopes, prior to submission to the County of any building or other development permit
applications for Lots 1-7, the applicant/lot owner shall be required to submit for approval
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of an application to Pitkin County for Site Plan Review pursuant to Pitkin County Land
Use Code Sections 2-30-20 and 7-10-50, and any previously approved Envelope can be
amended as part of the Site Plan Review process.
ii. Activity shall be allowed outside the Envelopes provided such activity is associated with
continued agricultural or ranching uses or activities, such as but not necessarily limited to
irrigation systems and facilities, grazing cattle or horses, haying operations and similar
agricultural and ranching activities.
iii.Installation of utilities may occur within existing roadways outside of the Envelopes or
within the Envelopes; provided, however, that native vegetation shall be utilized to
revegetate areas that may be disturbed by installation of utilities no later than one growing
season after completion of installation thereof.
iv. Removal of vegetation to create a defensible space for fire protection or for any other
reason set forth in the wildfire mitigation measures section of this Agreement may occur
outside of the Envelopes. Weed management may also occur outside of the Envelopes.
v. Improvement of existing roads and development of access roads identified on the Plat may
occur outside of Building Envelopes; provided, however, that native vegetation shall be
utilized to revegetate areas outside the Building Envelopes that may be disturbed by
construction of access roads and/or drives no later than one growing season after
completion of installation thereof.
- vi. Fencing (and maintenance thereof) meeting Pitkin County standards may occur outside of
the Envelopes.
vii. The portions of existing structures located on Lot 1, Lot 7 and Common Parcel 1 lying
outside the designated Building or Activity Envelopes, as applicable, may continue to
exist and be maintained for so long as such structures are not demolished or otherwise
removed.
viii. Water wells, septic systems and utility service lines or facilities may be located outside
of the Envelopes in a location approved by the Community Development Department, if
the improvements cannot reasonably be accommodated within the Envelopes.
j. Construction Fencing. Prior to commencement of any earthmoving or construction activity
on a Lot or Common Parcel, the owner thereof shall stake the comers of the Envelopes and
install construction fencing around the perimeter of the Envelopes. The fencing shall remain
in place until a Certificate of Occupancy is issued.
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k. Re -Vegetation. Only plant species listed in the Pitkin County Revegetation Guide (or species
native to the site) shall be utilized to revegetate areas outside of the Building or Activity
Envelopes that are disturbed by construction. A re -vegetation plan must be approved by the
Community Development Department prior to issuance of a Certificate of Occupancy for the
residence on the given Lot and implemented with native shrubs and grasses within one
growing season of the project's completion.
1. CDUs. Caretaker dwelling units may be permitted on any of the Lots, subject to the
restrictions enumerated herein, but only if first approved by Pitkin County pursuant to the
regulations in effect at the time of application to allow development of a caretaker dwelling
unit(s).
m. Development within Setbacks. No structural development in excess of thirty inches (30")
above natural grade shall occur within the setbacks of the parcel, with the exception of
driveways and associated retaining walls of up to six feet (6') above or below natural grade
and fencing. Landscaping in the form of berms shall not exceed four feet (4') from the most
restrictive of natural, existing or finished grade. Any development located within the
setbacks mandated by County zoning regulations that does not comply with these restrictions
shall require a variance from the Board of Adjustment or. a PUD variation approved by the
BOCC. Approval of an Activity Envelope or Building Envelope within such setbacks does
not assure approval of a variance. Certain setbacks have been varied through the PUD
approvals already granted, as enumerated in paragraph 19, below.
n- Further Subdivision. None of the Lots may be further subdivided, except that lot line
adjustments and minor plat amendments shall be permitted if the approval of Pitkin County
is first obtained.
2. Conservation Easement and Agricultural Preservation. All land area above the Arbaney Ditch
designated on the Plat as Conservation Easement shall be subject to the Conservation Easement
Agreement recorded April 26, 2006, at Reception No. 523401. The areas within a Lot below the
Alexis Arbaney Ditch and outside the Building or Activity Envelopes are the Agricultural
Easement areas. The uses allowed in the Agricultural Easement areas are the existing or
replacement or similar easements as currently exist (and shown on sheet two of the Plat), utility
extensions, driveways, landscaping and those uses associated with continued agricultural or
ranching uses or activities, such as but not necessarily limited to irrigation systems and facilities,
grazing cattle or horses, haying operations and similar agricultural and ranching activities.
3. Utilities.
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a. Water System. The owner of each Lot shall construct its own individual water well, water
lines and fire -fighting water storage facilities (as described below). The construction plans
for each water system shall be approved by the Environmental Health Department prior to
commencement of construction. Any water storage facilities for fighting fires shall be
approved by Basalt and Rural Fire Protection District ("BRFPD").
b. On -Site Wastewater Treatment Systems. Each Lot will be served with On -Site Wastewater
Treatment Systems (OWTS. Prior to issuance of a building permit for each of Lots 1-7, the
Applicant shall provide documentation that the quantity and quality of water is adequate.
Prior to the issuance of a building permit for each of Lots 1-7, the owner thereof shall obtain
an OWTS permit from the Environmental Health Department. Common Parcel l is served
by an existing OWTS; upon remodel or expansion of the residences on Common Parcel 1,
the OWTS shall be upgraded (in the event upgrading is required) to meet current County
regulations and shall be approved and permitted by the County Environmental Health
Department. All OWTS must be designed by a registered professional engineer, located
within* the Envelopes or a location approved by the Community Development and
Environmental Health Departments, and in compliance with any applicable setback
requirements for surface and groundwater sources. The engineer shall perform percolation
tests during high runoff in the area of the proposed leach field to confirm the height of the
water table.
Electric Service. Owner agrees to install or guarantees installation of electric power lines
and transformers to provide electric service to each of the Lots. New power lines shall be
underground. Power lines, transformers and the installation of the same shall conform to the
requirements and specifications provided Owner by Holy Cross Electric Association.
d. Telephone Service. Owner agrees to install or guarantees installation of distribution lines
and feeder facilities including pedestals to provide telephone service to the Lots. New
telephone lines shall be underground. Telephone lines, pedestals and the installation of the
same shall conform to the requirements and specifications provided Owner by a Qwest
Communications (or other telephone service provider).
e. Gas Service. Owner agrees to install or guarantees installation of natural gas lines to provide
such service to all Lots. New gas lines shall be underground, except to the extent that certain
gas facilities may be required by SourceGas Distribution LLC to be located above ground.
Gas lines, meters, valves and pumping facilities and the installation of the same shall
conform to the requirements and specifications provided Owner by SourceGas Distribution
LLC.
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f. Cable. At such time as cable service is available, each Lot owner may extend such service to
its Lot underground along platted utility easements.
4. Common Access Road and Driveways.
a. The existing fourteen (14) foot ranch entry road may remain from State Highway 82 to its
junction with the new access road to be called "Tejas Trail," as shown on the Plat. Owner
agrees to install Tejas Trail as shown on the Plat, from said junction to a point where it abuts
Lot 5. Tejas Trail shall be at least twenty (20) feet in width and located within a perpetual,
non-exclusive easement thirty (30) feet in width to accommodate drainage control provisions
and utilities. Tejas Trail and all driveways may be gravel surfaced. Except as specifically
provided herein, Tejas Trail and all driveways shall be constructed in conformance with
Pitkin County Roa-d Standards and Specifications and shall be located within the easements
shown on the Plat. Tejas Trail shall have an all weather surface capable of handling the load
of a 75,000 -pound fire apparatus. Nothing herein shall prohibit a road or driveway from
having a chip seal or better surface at the discretion of Owner or of the owners of Lots. Until
such time as a hard surface is laid, the road and driveways shall be treated with a dust
suppressant acceptable to the Environmental Health Department.
b. Prior to the issuance of a building permit for development on any of Lots 1-5, Owner shall
obtain a County access permit for improvements to the main access road, and obtain anew or
amended access permit from CDOT, if required by CDOT. Prior to the issuance of a
building permit for a residence on Lots 6 and 7, the owner shall obtain an access permit for
any road improvements and/or new driveways, which shall be approved by the Planning
- Engineer. -
c. The owner of the Lot shall obtain a County access permit for the driveway to the Lot, which
shall be approved by the County prior to issuance of the building permit for the particular
Lot. The driveway for each of Lots 1-7 shall have a minimum width of 16' and an all-
weather surface capable of handling fire apparatus. Any dead end driveway in excess of 150
feet in length shall have a turnaround approved by the Basalt and Rural Fire Protection
District (BRFPD).
5. Wildfire Mitigation for Lots 1-5.
a. Landscaping and Defensible Space Requirements. The owners of each Lot shall comply with
the following landscaping and wildfire defensible space mitigation standards:
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i. For a distance of ten to fifteen (10-15) feet around all structures, maintain vegetation at a
height of six (6) inches or less with mowed grass, low growing perennials or hard
surfaces. Woody vegetation shall not be planted within this area.
ii. Vegetation shall be reduced to break up the vertical and horizontal continuity ofthe fuels
for a distance of one -hundred (100) feet to the downhill of and seventy-five (75) feet to
the uphill of and level with all structures (the "perimeter").
iii. Spacing between clumps of brush and vegetation within the perimeter shall be a
minimum of two (2) times the height of the fuel. The maximum diameter of the clumps
within the perimeter shall be two (2) times the height of the fuel. All measurements shall
be from the edges of the crowns of the fuel.
iv. All branches from trees and brush within the perimeter shall be pruned to a height of ten
(10) feet above the ground and ladder fuels from around trees and brush shall be
removed.
v. Tree crown separation within the perimeter shall have a minimum of ten (10) feet
between the edges of the crowns.
vi. All branches that extend over the roof eaves shall be trimmed and all branches within
fifteen (15) feet of the chimneys shall be removed.
vii. The density of fuels within the perimeter of all structures shall be reduced.
viii. All deadfall within the perimeter shall be removed.
ix. The owner of each Lot shall be responsible for the continued maintenance of the
defensible space vegetation requirements.
b. Additional Wildfire Mitigation Requirements for Lots 1-5.
i. Roofs shall be constructed with a Class A roof covering or a Class A assembly as
defined in the International Building Code (IBC) Section 1505.2. Wood
shake/shingle roof coverings are prohibited. Roofs with less than a 3:12 pitch are
not permitted unless they comply with the following:
1. All roof coverings shall be noncombustible materials and installed on a Class
A roof assembly.
2. All roof coverings shall have a surface that shall facilitate the natural process
of clearing the roof.
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I All roof designs shall facilitate the natural process of clearing roof debris.
Protrusions above the roofline, such as parapets, shall be prohibited.
4. Roofs shall be installed as required by the adopted building code and shall
have a minimum slope of 1:48.
5. All roof designs, coverings, or equivalent assemblies shall be specifically
approved by the Fire Marshal prior to submittal of a building permit
application.
ii. Vents shall be screened with corrosive resistant wire mesh with %4 inch maximum
mesh.
iii. Roofs and gutters shall be kept clear of debris.
iv. Yards shall be kept clear of all litter, slash, and flammable debris.
v. All flammable materials and firewood/wood piles shall be stored on a parallel or
higher contour a minimum of fifteen (15) feet away from any structure.
vi. Swimming pools or ponds shall be accessible to Fire Department vehicles.
vii. Fences shall be kept clear of brush and debris.
viii. Wood fences shall not connect to the structure.
ix. Fuel tanks shall be installed underground with an approved container.
x. Propane tanks shall be installed according to NFPA 48 standards and on a
contour away from the structure with standard defensible space vegetation
mitigation around any above ground tank. Any wood enclosure around the tank
shall be constructed with materials approved for 2 -hour fire -resistive construction
on the exterior side of the walls.
xi. Each structure shall have a minimum of one 10 pound approved ABC fire
extinguisher placed in a visible and accessible location.
xii. Addresses shall be clearly marked with 2 -inch non-combustible letters and shall
be visible and installed on a non-combustible post.
xiii. New utility lines shall_ be buried within roadways or driveways.
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6. Wildfire Mitigation for Lots 6-7 for the recreational facility on Common Parcel 2, and for the
Deed Restricted Residence on Common Parcel 1 (as described in Paragraph 8, below).
a. Defensible Space: The area around all buildings/structures, limited by property boundaries
that may limit a property owner's ability to comply with this section, shall incorporate
landscaping with wildfire defensible space considerations as follows (note: actual vegetation
manipulation to meet these conditions may not be necessary where the natural vegetation
patterns have already fulfilled these conditions). Vegetation management as described herein
shall be completed prior to the commencement of construction.
i. Brush, debris and non -ornamental vegetation shall be removed within a minimum ten -
foot (10') perimeter around all structures.
ii. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels
at a minimum of a thirty (3 0) foot perimeter around a structure built on flat ground. (For
greater slopes, reference the CSFS Safety Zone chart in Wildfire Guidelines For Rural
Homeowners, which provides general guidelines that may be modified by a wildfire
expert acceptable to the County).
iii. Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall
be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps
shall be equal to the height of the fuel. All measurements shall be from the edges of the
crowns of the fuel.
iv. All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to
a height of ten (10) feet above the ground with removal of ladder fuels from around trees
and brush.
v. Tree crown separation within the thirty (3 0) foot perimeters -shall have a minimum of ten
(10) feet between the edges of the crowns, except for mature stands of aspen trees where
ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and
down and dead materials shall be removed.
vi. All branches that extend over the roof eaves shall be trimmed and all branches within
fifteen (15) feet of chimneys shall be removed.
vii. The density of fuels up to a one hundred (100) foot perimeter of the structures shall be
reduced where natural reduction has not already occurred.
viii. All deadfall up to a one hundred (l 00) foot perimeter shall be removed.
ix. No new conifer trees shall be planted within ten (10) feet of a residence.
x. No flammable mulches shall be placed within two (2) feet of a residence.
xi. The property owner shall be responsible for the continued maintenance of the defensible
space vegetation requirements.
b. Defensible space mitigation standards for the recreational facility on Common Parcel 2 shall
be as follows:
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too a
i. Around the cabin and beyond the furthermost proj ection of combustible construction for
a distance of 15 feet, the area shall be of primarily non-combustible hardscape surfaces.
Woody vegetation shall not be planted within this area. The owner may maintain some
trees or shrubs within this area, if the 15 foot area is extended outward from the furthest
growth expected from the mature trees or shrubs. Crowns of vegetation within this area
shall be at least 10 feet from any portion of the building. Limbs of trees within this area
shall be pruned to one-half the height of the tree, one-third of the height for conifers, or
10 feet, whichever is less.
ii. Beyond the 15 foot area and up to 30 feet or the property line, maintain natural and/or
irrigated grass at less than 6 inches and thin existing brush. Limbs of trees shall be
pruned to one-half the height of the tree, one-third the height for conifers, or 10 feet,
whichever is less. No brush or shrubs which, when mature, will be tall enough to act as
ladder fuel shall be provided or maintained around the trees. Clusters of bushes or trees
shall be separated from each other and from those beyond the 30 foot area by a distance
of two and one-half times the height of the mature vegetation. Thin and remove lower
branches of brush or shrubs within clusters or individual plants to eliminate ladder fuel.
iii. For a distance of 100 feet from the structure or to the property line, remove all standing
dead and deadfall. Cut and collected material shall be removed, chipped and spread or
burned.
Roofing Materials: Class A covering or Class A assembly as defined by the currently
adopted Building Code. No wood shakes or shingles. All other adopted Building Code
compliant methods and materials permitted. Roofs with less than a 3:12 pitch are not
permitted unless they comply with the following: - -
i. All roof coverings shall be constructed of non-combustible materials and installed on a
Class A roof assembly.
ii. All roof coverings shall have a surface that shall facilitate the natural process of clearing
roof debris.
iii. Protrusions above the roofline, such as parapets, shall be prohibited.
iv. Roofs shall be installed as required by the adopted Building Code and shall have a
minimum pitch/slope of 1:48.
v. All roof designs, coverings, or equivalent assemblies shall be specifically approved by
the Fire Marshal prior to submittal of a building permit application.
d. Water Supply for Fire Safety (these requirements are for Lots 6 and 7 only. See Paragraph 8
for water supply information for the deed -restricted residence on Common Parcel 1)
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i. All structures shall be sited within 600 feet of the existing hydrant, or a new hydrant shall
be installed within 600' in a location approved by the Basalt and Rural Fire Protection
District (BRFPD).
ii. In-house sprinkler systems that meet the standards of the BRFPD and the adopted
Building Code shall be installed in all new buildings over 5,000 square feet in size.
e. Maintenance and Miscellaneous Requirements
i. Roofs and gutters shall be kept clear of debris.
ii. Any outbuilding shall adhere to the same wildfire requirements.
iii. Yards shall be kept clear of all litter, slash and flammable debris.
iv. All flammable materials shall be stored indoors or on a parallel contour a minimum of
fifteen (15) feet away from any structure.
v. Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not
more than six (6) inches.
vi. Firewood/wood piles shall be kept indoors or stacked on a parallel contour a minimum of
fifteen (15) feet away from the structure.
vii. Swimming pools of the non -salt water variety and ponds shall be accessible by the local
fire district.
vii. Fences shall be kept clear of brush and debris.
ix. Wood fences shall not connect to other structures.
x. Fuel tanks shall be installed underground with an approved container.
xi. Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards
and on a contour away from the structure with standard defensible space vegetation
mitigation around any above ground tank. Any wood enclosure around the tank shall be
constructed with materials approved for two (2) hour fire -resistive construction on the
exterior side of the walls.
xii. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher.
xiii. Addresses shall be clearly marked with two (2) inch non-combustible letters and shall be
visible at the primary point of access from the public or common access road and
installed on a non-combustible post.
xiv. Utilities shall be extended underground.
7. Park Dedication. Any and all park dedication fees associated with Lots 1-6, Common Parcel 1
and Common Parcel 2 have been fully satisfied by Owner's dedication of the 1.015 acre Tract A
to Pitkin County Open Space. An additional 12.086 acres± of open space within the Subdivision
is subjected to a perpetual conservation easement. Further, Owner has dedicated a Fisherman's
Access Easement and Trail. However, Lot 7 is required to make a payment of cash -in -lieu of
parks/recreation/open space, if applicable; calculation of the payment shall be based on the
number of residents and the land value at the time of payment.
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8. Affordable Housing. Free market residential development on Lots 3, 4, and 5 generate an
affordable housing mitigation requirement; however, no similar impact fee or requirement is
generated in connection with development of residences on Lots 1 & 2 or Common Parcel 1.
Development of Lots 3, 4 and 5 generates a requirement to provide housing for 3.465 full-time
equivalent employees (FTE). Prior to the issuance of a building permit for a residence on any of
Lots 3, 4 or 5 the owner shall obtain a building permit to construct on Common Parcel 1 a new
studio or one -bedroom unit (subject to Site Plan Review), or shall make the applicable payment -
in -lieu for 0.465 FTEs, based on the Aspen/Pitkin County Housing Authority ("APCHA")
Guidelines in effect at the time; obtain a building permit to construct a new three-bedroom deed -
restricted unit on Common Parcel 1, or shall make the applicable payment -in -lieu for three FTEs,
based on the APCHA Guidelines in effect at the time; and, a Certificate of Occupancy for the
deed -restricted unit(s) must be issued prior to or concurrent with issuance of a Certificate of
Occupancy for the first residence completed on Lots 3, 4 or 5. Prior to issuance of a building
permit for development of Lots 6 or 7, applicable employee housing fees will be paid pursuant to
Pitkin County Land Use Code Section 8-30, as may be amended from time to time.
If built, the on-site Common Parcel 1 unit(s) shall be deed restricted as Category 4 rental single-
family residences. Employees of the Roaring Fork Meadows Subdivision/PUD shall have the
first priority to rent the unit(s), but if there are no qualified ranch employees, the unit(s) shall be
provided to any other qualified Pitkin County employee. The applicant may opt in the future to
convert the unit(s) from rental to sale unit(s) if there is an extended period of non-compliance
with the APCHA Guidelines.
Prior to submission of a building permit application for the three-bedroom deed -restricted
residence, the owner shall:
a. Demonstrate legal access on those portions of Hoagland Ranch Road that are not within the
Roaring Fork Meadows Subdivision/PUD.
b. Obtain an access permit to widen Hoagland Ranch Road to create a 20 foot all season driving
surface and to install a turnaround just above the Kester Ditch. The 20 foot driving surface
shall extend up to the turnaround. The road width may be narrowed around any existing
utility pedestals or poles. The Access Permit shall be approved by the Planning Engineer and
the BRFPD.
c. Submit an executed maintenance agreement between the Hoagland Ranch and Roaring Fork
Meadows HOAs for use of the existing pond and dry hydrant system on Hoagland Ranch to
serve the residence on Common Parcel 1; the agreement shall be reviewed and approved by
the BRFPD. The pond shall be kept full, maintained and serviceable for emergency use at all
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times. The HOAs shall ensure that annual testing is conducted on the dry hydrant system to
ensure operational readiness. Testing and maintenance shall comply with the provisions of
NFPA 25, Standard for the Inspection, Testing and Maintenance of Water Based Fire
Protection Systems, to the satisfaction of the BRFPD.
d. As an alternate to item 8. c., above, Owner may elect to provide a dry hydrant system to serve
the residence on Common Parcel 1 for the existing "Gazebo Pond" located on Common
Parcel 1. If the Owner elects this option it shall work with the BRFPD to design an
acceptable system that is approved by the BRFPD. This option will not require an executed
maintenance agreement with the Hoagland Ranch HOA and will be an independent system
only serving the new residence on Common Parcel 1.
Additionally, prior to the issuance of a building permit for the three-bedroom deed -restricted
residence the Owner shall:
i. Record a Deed Restriction Agreement acceptable to the APCHA. The residence shall be
deed -restricted as a Category 4 rental single-family residence, as defined in the APCHA
Guidelines. The specific terms of the deed restriction are to be set forth in a separate
agreement between the Owner and the APCHA to be recorded in the records of Pitkin
County.
ii. Provide proof of an adequate water supply (in terms of quantity and availability) for
domestic and fire protection purposes, and for irrigation purposes, if applicable.
iii. Obtain an access permit for the driveway, which shall be approved by the Planning
Engineer.
iv. Obtain a fireplace/woodstove permit from the Community Development Department, if
necessary. Note that, while this language was included as a condition of County
approvals, solid fuel burning devices have been prohibited in the employee dwelling
units on Common Parcel 1.
V. Submit a site-specific drainage and erosion control plan prepared by a qualified engineer
or geologist for review and approval by the Planning Engineer. If the total development
disturbs more than one acre, a State Stormwater Permit, and/or this aspect of the overall
development shall be included in the existing SWMP for the subdivision. All historic
and natural drainage patterns shall be maintained. Stormwater shall be detained on-site
and allow infiltration of runoff prior to discharge.
vi. Obtain an on-site wastewater treatment system (OWTS) construction permit.
vii. Submit a construction management plan for review and approval by Planning/Zoning.
No parking is permitted along Hoagland Ranch Road.
viii. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes and
landscape plan.
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ix. Provide adequate engineering of all retaining walls over four (4) feet in height and/or any
improvements to walls over four (4) feet in height. All retaining walls shall be a
maximum of seven (7) feet tall.
x. Pay applicable road and employee housing impact fees.
9. School Land Dedication. Prior to the issuance of a building permit for development of a single-
family residence on Lots 3, 4, 5 and 7, the Lot owner shall pay to Pitkin County a cash -in -lieu fee
for school land dedication for the Roaring Fork School District, which fee shall be calculated in
accordance with the regulations in effect at the time of issuance of a building permit for the given
Lot. No similar cash -in -lieu payment shall be required in connection with development on Lots
1, 2 or 6, or Common Parcels 1 or 2.
10. Air Quality. Owner has satisfied all PM 10 mitigation requirements attributable to the
Subdivision by: (1) donating Tract A (approximately 1.0 15 acre) to Pitkin County Open Space
and Trails for use as a trailhead parking lot; (2) purchasing two "I -Stops," one each for the RFTA
bus stops at Wingo Junction and Holland Hills; and (3) prohibiting solid fuel burning devices in
the employee dwelling units on Common Parcel 1.
The owner of any Lot shall adhere to the Pitkin County Air Quality Standards in effect at the
time of issuance of any building permits. All residential structures must comply with the Pitkin
County fireplace and wood burning stove regulations in effect at the time of issuance of the
building permit therefor, except that solid fuel burning devices are prohibited in the employee
dwelling units on Common Parcel 1. Also, prior to the submission of building permit
applications for the residences on all Lots, the Lot owners shall submit a fugitive dust control
plan for review and approval by the Environmental Health Department.
11. Exterior Li kiting. All exterior lighting within the Subdivision shall comply with Pitkin County
Land Use Code Section 7-20-140, as may be amended and in effect at the time of installation, in
regard to lighting regulations.
12. Drainage: Sedimentation. All development within the Subdivision shall comply with the
requirements and recommendations of the drainage and erosion control plan for the Subdivision
prepared by Rhino Engineering, Inc., dated February 10, 2005, a copy of which is on record with
the Community Development Department. At the time of building permit application for any
individual residence, the subject Lot owner shall submit to the County Engineer a site specific
Drainage and Erosion Control Plan which incorporates measures to eliminate drainage impacts
of such construction on the Lot. To the extent required, on-site detention, temporary
construction measures such as silt fencing and hay bale detention areas, and final landscape
design incorporating grassed sedimentation basins, shall be incorporated in the Drainage and
Erosion Control Plan in order to ensure that sediment does not impact area drainages, irrigation
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ditches, riparian areas, or the Roaring Fork River. Positive grading away from residences,
diversion of all upslope water away from the building sites, and revegetation of all disturbed
areas shall be required as part of any new construction, remodeling, reconstruction, restoration,
replacement or expansion processes on the Lots. Prior to issuance of any building permit for
Lots 1-7, the Lot owner shall obtain a Stormwater Management Permit from the State, and all
drainage, erosion control and situation measures required by such permit shall be in place prior to
the commencement of any work on the structures on the Lot.
13. Road ImRQact Fees; Road Improvement District. At building permit application for each of Lots
1-7, the owner of the Lot shall pay any applicable road impact fee based on County regulations in
effect at that time.
14. Parking. The owner of each Lot shall be responsible for providing two (2) off-street parking
spaces for each new single-family residence built on such Lot.
15. Fire Protection. Each Lot owner shall comply with the codes and standards of the Basalt and
Rural Fire Protection District ("BRFPD"). All new residences and dwelling units of more than
5,000 gross square feet shall contain an interior sprinkler system and shall be connected to an on-
site water storage tank with a pump to supply the applicable sprinkler system(s) in a system
acceptable to BRFPD. Prior to the issuance of a Certificate of Occupancy for the first residence
on Lots 1-5, dry fire hydrants shall be installed within five (5) feet ofthe edge of the ne* road
for hook-up and within six -hundred (600) feet of the houses; a total of no more than three (3)
such hydrants shall be required in locations to be approved by the BRFPD Fire Marshal. The
ponds shall be kept full, maintained and serviceable for emergency use at all times. The owners
or homeowners association shall ensure that annual testing is conducted on the dry hydrant
system to ensure operational readiness. Testing and maintenance shall comply with the
provisions of NFPA 25, Standard for the Inspection, Testing and Maintenance of Water Based
Fire Protection Systems, to the satisfaction of the BRFPD.
16. Signage. All owners of Lots shall at all times comply with Pitkin County Land Use Code
Section 7-60, as may be amended, in regard to signage on the Lots.
17. Wildlife Impact Mitigation. The owner of each Lot shall comply with the following measures to
mitigate impacts to wildlife:
a. Native vegetation shall be maintained outside of the Building or Activity Envelopes, as
applicable, with the exception of agricultural areas. No riparian or wetland vegetation shall
be damaged or removed.
b. Trash/garbage shall be kept in an approved bear resistant container of enclosure, pursuant to
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the County's Wildlife Protection Ordinance. Verification of compliance shall be provided
prior to issuance of a Certificate of Occupancy.
c. Fencing shall comply with the following, except for fencing immediately adjacent to the
buildings to contain pets or livestock:
i. Wood fencing shall employ three rails or less, be the round or split rail type, shall not
exceed 54 inches in height above ground level and 12 inches in width (top view), and
shall have at least 18 inches between the two lower rails.
ii. Wire fencing must be 3 strands or less. The top wire should be a 12.5 gauge twisted
barbless type at a maximum of 42 inches. The middle strands (which may be barbed)
should be located a minimum 12 inches apart and from the top wire. The bottom strand
should be 16 inches from the ground.
iii. Mesh or wire woven fences are prohibited outside of the activity envelope.
d. Avoid fruit -bearing trees and shrubs in any landscaping.
e. Construction workers shall be prohibited from bringing dogs on-site during construction.
f. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window,
and be at least 10 feet from the ground suspended between two trees or posts. All seed
feeders shall include a catchment pan to catch discarded seed.
g. Dogs shall be kenneled within 50' of a residential building or leashed under human
supervision at all times, except for dogs working as part of an agricultural operation, when at
work.
h. All outside doors shall utilize only solid, round -handled doorknobs unless another type is
required by the applicable building code for disabled accessibility purposes.
18. Weed Control. Owners of Lots shall comply with the County's Noxious Weed Management
Plan.
19. Planned Unit Development (PUD) Variations. The Plat identifies lot sizes, lot dimensions and
setbacks, which have been determined and approved through the PUD review process under the
provisions of the County Code and which, in some instances, vary from the provisions of the
zone district regulations applicable to the Subdivision. In the event of any inconsistency between
such zone district regulations and the Plat, the Plat shall govern and control. Lot 1, Lot 7 and
Common Parcel 1 include several existing structures that will remain. These structures are
shown on the existing conditions survey attached as page 2 of the Plat and on the 1041 Hazard
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Lr]
Review Site Plans and the Activity Envelope Plan, as applicable, for the various lots. Several of
these existing structures are located closer to lot lines than would otherwise be permissible in the
AR -10 zone district. Each such existing structure (to the minimum extent necessary) is granted a
setback variance through this PUD approval and shall be considered legal with regard to setback
requirements of the PUD for so long as such structures shall continue to exist. Such structures
may not be replaced without conforming to the setback requirements of the applicable zoning
then in effect and as varied for this PUD. As noted on the Plat, the approved minimum setbacks
for the Roaring Fork Meadows Subdivision/PUD are as follows:
YARD
Lot 1
Lot 2
Lot 3
Lot 4
Lot 5
Lot 6
Lot 7
CP -1
CP -2
Front
100 ft
50 ft
50 ft
50 ft
50 ft
50 ft
10 ft
100 ft
20 ft
Side
30 ft
30 ft
30 ft
30 ft
30 ft
30 ft
30 ft
30 ft
30 ft
Rear
50 ft
30ft
30ft
30ft 1
30ft
30ft
30ft
50 ft
100ft
The above described minimum setbacks are based on the following approved understandings:
The "front" yard for Lot 1 is defined from the lot line adjoining Common Parcel 1; the "front"
yard for Lots 2 and 3 is defined from the lot line adjoining Lots 6 and 7, as applicable; the "front"
yard for lots 4 and 5 is defined from the lot line adjoining Lot 6 and the Denver & Rio Grande
Railroad right-of-way, as applicable; the "front" yard for Lot 6 is defined from the lot line
adjoining Lot 3; the "front" yard for Lot 7 is defined from the lot line adjoining Common Parcel
1; the "front" yard for Common Parcel 2 is defined from the lot line adjoining the Denver & Rio
Grande Railroad right-of-way; the "front" yard for Common Parcel 1 is defined from the lot line
adjoining Tract A, the CDOT parcel, and the Denver & Rio Grande Railroad right-of-way; and
the "side" yards for Lot 6 are defined by the lot lines adjoining Lots 7 and 4.
20. Construction Management Plan. Prior to commencement of construction on each Lot, a
Construction Management Plan shall be submitted to the Community Development Department
for review and approval. The Plan shall include but not be limited to a detailed construction
schedule, methods of handling traffic on Highway 82 (if required by CDOT), maintenance of
Hougland Ranch Road, and notice to Pitkin County Open Space and Trails and RFTA of any
work adjacent to or within the Denver & Rio Grande Railroad Right -Of -Way, the Basalt/Old
Snowmass Trail, or Conservation Easement Area.
21. Residential Properly Tax Classification. As part of its consideration of the request for
development approval, the BOCC found in Resolution No. 003-2013 that: (1) the valuation
of the Property and improvements proposed to be made under the Resolution will be
significantly higher relative to the value of any agricultural products produced and that it is
unlikely for Owner to generate enough revenue from commercial agricultural activities to
sustain a viable agricultural operation and (2) the approvals when fulfilled change the
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primary and fundamental use of the land from being agricultural. Therefore, and as a
condition of the Resolution, the BOCC required the Owner to record a Covenant
prohibiting commercial agricultural activity, pursuant to Section 2-20-10(e) of the Pitkin
County Land Use Code; said Covenant is recorded under separate cover as Reception No.
(005 61 ?D .
Furthermore, the primary purpose of ownership and use of all property in the Roaring Fork
Meadows Subdivision/PUD is for residential purposes. All improvements and uses of lands
within the Subdivision are associated with residential use of the property. Any activities
occurring on the Property or uses of the Property that would cause the properties to be classified
as agricultural lands pursuant to Title 39, Colorado Revised Statutes, are prohibited. To the
extent this paragraph is inconsistent with any requirement contained herein of maintaining
historical irrigation patterns or other agricultural use of the property, this paragraph shall govern
and control.
22. Fisherman's Access Easement. Owner has granted and does hereby grant to County an Easement
as shown on the Plat 25 feet in width from the Denver & Rio Grande Railroad Right -Of -Way to a
5 -foot Fisherman's Easement along the Roaring Fork River. Owner shall have no responsibility
for the construction of any improvements necessary for use of such easement and the County
agrees to indemnify and hold harmless the Owner from any costs or liability associated with the
use or operation of such Access Easement. Prior to the construction of any improvements, the
County shall be required to obtain the approval of the Owner, which approval shall not be
unreasonably withheld.
23. Irrigation and Water Rights. Owner shall continue to irrigate lands within the Agricultural
Easement and will utilize and preserve all irrigation water rights to the fullest extent possible.
24. Ditches. No buildings shall be constructed immediately downhill of the Kester Ditch without the
ditch being placed in a culvert, lined or otherwise treated to avoid leakage of water downhill
towards the building(s). Activities and development shall ensure that ditch owners have access
to the ditch.
25. Maintenance of Pre -Existing Improvements. Notwithstanding anything in the foregoing to the
contrary, pre-existing improvements, disturbances, and vegetation, including but not necessarily
limited to access roads or driveways not specifically required for abandonment and/or
reclamation; ponds and water features; utilities; buildings, ponds and similar improvements on
Common Parcel 1; and the fire pit, loop drive, culverts, and similar improvements on Common
Parcel 2, may be maintained as needed for functionality and aesthetic considerations.
-26-
ARTICLE III
GENERAL PROVISIONS
In the event Owner does not develop the Subdivision or market the individual Lots, Owner may
sell all the Lots in bulk in the Subdivision to a third parry who may develop the Subdivision, or
portions thereof, including the construction of the public improvements contemplated hereunder,
in accordance with and subject to the provisions of this Agreement. Upon such a bulk sale to a
third party, Owner shall be automatically released of all liability and obligations under the terms
of this Agreement and the new owner shall be subject to all the provisions hereof.
2. Any notice, communication, request, reply or advice (hereinafter severally and collectively, for
convenience, called Notice) in this Agreement provided or permitted to be given, made or
accepted by either party to the other party must be in writing and may, unless otherwise in the
Agreement expressly provided, be given or be served by depositing the same in the United States
mail, postage prepaid and certified and addressed to the party to be notified, with return receipt
requested, or by hand -delivering the same to an officer or agent of such party. Notice deposited
in the mail in the manner hereinabove described shall be effective from and after the expiration
of three days after it is so deposited. Notice given in any other manner shall be effective only if
and when received by the party to be notified. For purposes of Notice, the addresses of the
parties shall, until changed as hereinafter provided, be as follows:
To Pitkin County: The Board of County Commissioners
c/o Pitkin County Manager
Pitkin County Courthouse
506 East Main Street
Aspen, Colorado 81611
To Owner: Roaring Fork Meadows LLC
c/o Mr. Ned S. Holmes
55 Waugh Drive, Suite 1111
Houston, Texas 77007
The parties hereto shall have the right from time to time to change their respective addresses, and
each shall have the right to specify as its address any other address within the United States of
America by at least five days' written Notice to the other party.
IN WITNESS WHEREOF, the parties have executed this PUD Guide the day and year first
written above.
-27-
Cho j
THE BOARD OF COUNTY COMMISSIONERS
OF PITIaN COUNTY, COLORADO
By-
Chairperson�J11
APPROVED AS TO FORM:
ICounty Attorney
STA OF COLORADO )
) ss.
COUNTY OF PITKIN )
d
Sub1cribed and sworn to before me this/I, day of // err 200'!" by
z.as Chairpercnn of the Pitkin C rnmty RnnrA of ('minty CnmmiccinnPrc
Witness my hand and offi
My commission expires:
OWNER:
Roaring Fork Meadows LLC, a Colorado Limited Liability Company
By: NedS. Ho es Ines ents, Inc., its manager
By:
a" -
Ned'S. Holmes
Chairman and CEO
-28-
e-/')3
Dated
The Ned S. Holmes Profit Sharing/Plan
By:__
Ned S. Holmes, Co -Trustee
By: "t1�(..ce —/ (�
Kathleen E. Temme, Co -Trustee
STATE OF TEXAS
SS.
COUNTY OF HARRIS
S-1-13
Dated
t lo
Dated
The foregoing instrument was acknowledged before me this lir day ofu.5j,-2013 by
Ned S. Holmes, Chairman and CEO of Ned S. Holmes Investments, Inc., manager Roaring Fork
Meadows LLC on behalf of Roaring Fork Meadows, LLC, a Colorado Limited Liability Company.
Witness my hand and o cial seal.
My commission expire
STATE OF TEXAS ) �•�;. LYNDA J. EZER
ss. #»~ Notary Public, State of Texas
COUNTY OF HARRIS )�» My Commission Expires
,�` rfl 13, 2016
The foregoing instrument was acknowledge _ clay of 46t,124 bn 2013 by
Ned S. Holmes, Co -Trustee of The Ned S. Holmes Profit Sharing Plan.
Witness my hand and offi 'al seal.
My commission expires 3 PlG
Notary Publ c
a"a.£
'
LYNDA J. EZER
i'��rr�^ _
�.;.F-\' -
Notary Public, State of Texas
I
My Commission Expires
April 13, 2016
1
-29-
E
STATE OF TEXAS )
) SS.
COUNTY OF HARRIS )
The foregoing instrument was acknowledged before me this Jr day of u.s t 2013 by
Kathleen E. Temme, Co -Trustee of The Ned S. Holmes Profit Sharing Plan.
Witness my hand and official seal.
My commission expiresaoQ
RFM SubdivisionRFM PUD Guide Amendment 4.4-13.doc
,%AQP =,0-
• •,
-30-
LYNDA J.
Notary Public, State of Texas
My Commission Expires
y''+r'F•r�'.�' April 13, 2016
I k
yN1111V�
LA
NOTES.
1. EXCAVATE TRENCHES TO PROPER WIDTH, AND PROPER
DEPTH AS REQUIRED BY STATE AND LOCAL CODES.
2. SMOOTH IRREGULARITIES IN THE EXCAVATION. A LEVEL,
FLAT SURFACE IS NECESSARY.
3. ASSEMBLE BIODIFFUSER LEACHING CHAMBERS AND
UNIVERSAL ENDPLATES TOGETHER IN TRENCH(ES).
4. THE UNIVERSAL END PLATE IS CONSTRUCTED WITH TABS
SO THAT THE EARTH FILL ON ONE SIDE HILL HOLD IT
SECURELY IN PLACE AGAINST THE BIODIFFUSER.
5. PUNCH CUT PIPE HOLE OPENINGS IN THE END PLATES AS
NEEDED AND CONNECT INLET PIPES
6. FlLL SIDEWALL AREA TO TOP CHAMBERS WITH NATIVE SOIL
Q 1/2'
7. 'WALK IN' FILL TO COMPACT SOIL ALONG SIDES OF
CHAMBER. THIS IS VERY IMPORTANT TO ACHIEVE FULL
HEIGHT RATING.
& COVER CHAMBERS TO A MINIMUM OF 12' AFTER
CONSOLIDATION FOR H-10 APPLICATIONS AND 18' MINIMUM
COVER AFTER CONSOLIDATION FOR H-20 APPUCAnON&
AVOID LARGE ROCKS OR DEBRIS IN COVER MATERIAL A
WELL GRADED, CRUSHED GRAVEL AND CAREFUL COMPACTION
IS RECOMMENDED FOR H-20 INSTALLATIONS
12' MIN. -
SECTION A -A
Not to Scale
CONSTRUCTION SPECIFICATIONS
1. Topsoil shall he a ripped. stockpiled and replaced our .II disturbed orooa. E ibUng Imes and
.limbs andl ni-ii, unless otherwiseapp-d by the Owner, e.letirg vegetation atoll not M
disturbed beyond then ..cry limit, of tM constmctton.
2. Al disturbed orooa shall be revegetated by the Owner.
3. The she shall be graded eo that unaff water does not drain onto the leach fWd surface.
4. Constmatian shall conform b PdWn County Reguctlana.
5. Chyle Has, Mountain Cro, may Engineering, Inc. shall M tifiad of the c stmntion pmgm.
syao
the stem be inspected. Do not Mck6g over any syemni components until they hese
been inspected.
6. Sewer piping hall M bedded and initially bockflled lith gravel 4 inches under piping and 6
inches on top of piping. B,,Mll shall be wheel -roll compacted. Pipl, shall be installed
ratrtighhl and to pmvent fie IN.
7. Ths Pti- tank hall M pmc.st -namte, eel lavtl on a bed of gravel. Indell the tank in
..-an.. with the -fact-'. mcom ndati.na.
& The aeptc tank «pocity must Mot least the size specified.
9. The septic tank Inst must M .l least 3 Inches higher than the outlet An Inlet bee r
baffle must -end ob- the soda. of the liquid to rithin 1 inch of the bottom of the tank
top and must sale.! at cast 14 1 M below the inlet.
1D. A filler Is m,hed! on the fnal outlet tee or at some point bs-n the usptic tank and
absorption field so that only the liquid effluent wall M decharged. 011ier outlet tees or baffle.
must .Wend obese the surface of the liquid to rithin one inch of the underside of the tank
top. Teem must ezterd at least 14 'nchea belay the oatsL
11. The d'etanca fmm the -pts tank outlet to the underside of the tank top must M at
Maud 10 Inches.
12. Liquid depth meal be at least 30 inch, and must not e.csed the septk lank length or
60 i«M1e, rhi,her is Ins.
13. A septic tank moat have two or mom coons,A-M. (or m mtan one tank in series to
provide the neceaary capacity). The first comportment must M at cast as large as the
1cond comportment.
4. The tmnafer of Iqual from thefirst o parlmeat to the second euccm w
ompartm"I musd be made at a liquid deleant
pth of at 14 inches belaw ou
the tlet invert,
15.. Aut
lls.st1. d an al ecceqan-
o less than 20 inches «rens must be p-Ided in a«h
a P.,on.rd of wank n
18. The opening c r of a septic tank inspection pori, or aamplirg a«eaampart moat be
marked and must be no mom than 6 Inches btlaw Uw finihad ,rode. It t be made of
materials reistanl to degradation frau moimtum r scar go...
17. Pipe meeting or es ding ASTM eandord 3034 proprly supported to prevent failure by
seas., must eA, d fmm the sell tank at least Ove (5) feet fmm the inlet ane Uet end,.
16. NI terater tires. used must hs...unclad m
of compatible pipe, banding agent, and
fitting,. The following req be used: plastic Pipe and Ottings with a minimum ..It thickness of
ASTM Standard 3034, SDR35, or equivalent, perforated distribution pipe surrounded by r k
within o roll .b-,,U,n system with a minimum wall thiclmese conforming to ASTM Standard
2729; or -gated polyethylene pipe with smoothinterior mettnroA5TA1 1`405 and AASHTO
M252 ei,ecircali.n. or equivalent Tile, open -joint pipe, and caul n pipe may not M used In
1505..
19. al camponenb, work, equlpmen[, and material t M deigned, operated anal e-ined
as
to comply cath the mnrmum mqu.mens of the applicable and -red Plumh'ng,
Electrical, Building or other code in forte Ne dots of the ISDS PrmU Application.
20 Major components not constructed an the ,Te whem installed must have a purno-nt
pilots lots or other Indelible marking. sesi.11, read and Moble. far the purpoas of inspection, to
include name of manufacturer, model ar serial number assignation. and m-;rn- design
capacity
of theunit.
21. Cmvel h,ll a clean, ec ned rock %' t. 2 K' in e-
22. T=t treatment units, and piping m.terinl m st s wesrto ht and must be certUcd by
the Water Quality Control Division of the ep
Colorado uDartment f Public Heth and Environment.
Under certain circume once., the Deped-t may require the tank M filled with rater prix to
backfill to cM.k for leake.
23. T groundaur any part of the ISDS must be restricted to activity or use that rill allow
the eyscm to function as deigned and that will not contriWte to corn,section of the sol or
to "'structural leading detrimental to the capability of the -,,s, let to function ..
designed. Drimwam, Paring areae, star.,. building., large animal confinement ams. and
olMr similar uses mal, at be placed an r .bum an 1505 di.p.wl field.
24. Machine tamping. ling. or hydraulic compadion of final amr I, not permitted, h.wevr,
hent tamping may M allowed when necessary to stabilise the Bill to prevent codon or the
int limn of e. ...... ..tr.
25. Siphon W M model 430 by Fluid Dy3 ar n.mic Siphons. Ine. /800.068.565.W.cd equal.
per a
kaddl pmanufacturer, recommendation..
26. Bull ren wive to M sefteed annually. Contractor to infoml Ornr of this mqulmmerd.
ISDS DESIGN CALCULATIONS
LAND IRS RESIDENCE FOUR BEDROOMS AND 4,297 SQUARE FEET, ONE BEDROOM HAS
TND BEDS SO USE FIVE BEDROOMS FOR DESIGN
DESIGN FLOW - (4 Bedmom.)'(2 fthahe)•(75 gpd) - 600 gpd
USDA SOIL CVSSIFlCATON - LOAM, LTM - 0.60
MINIMUM ABSORPTION AREA - ((600 gpd)] / 0.60 - 1,000 .q.fL
USE LEIGH FlEID AREA - 1,000 p. R. WRH A 0.9 REDUCTION FOR DOSING AND 0.7
AM
CHBERS - 1,250 eq. R. a 0.9 s 0.7 - 530 sq. R. REQUIRED LEACH AREA
REQUIRED CHAMBERS - (630 MI. ft.)/(12 eq. ft/chamber) - 52.6 chambers
USE THREE ROWS OF 18 CHAMBERS, 54 TOTAL
REQUIRED SEPTIC TANK VOLUME = 4 Bedrooms - 1,250 gallons
DOSING FREQUENCY - 4 donee/day
DOSE VOLUME - (600 gpd) / (4 did) - 150 gallon./doe -
19' DEPTH IN 4'e MANHOLE, USE SIPHON MODEL /423
L
L
VENT k INSPECTION WELL
F, TWO CHAMBER PORTS
EACH END OF ROW (TYP)
■-m
DISTRIBUTION BOX W/ BAFFLE:
ALL INVERTS OUT TO BE AT
IDENTICAL ELEVATIONS
THE INVERT IN TO BE
6' ABOVE INVERT OUT
4 -INCH SOLID PJC PIPES AT
2.05 MIN. SLOPE OUT TO
THREE ROWS OF INFILTRATORS
REMOVEABLE CAP
4- SOLID PIPE 4 VENT HOLES
iI Jj' p MIN.
ADS CHAMBER
AIR VENT & INSPECTION WELL DETAIL
Net to Scale
CONCRETE RISER
RINGS AS NEEDED
4" SDR35 PVC SEWER O 2.0%
MIN. FROM SEPTIC TANK
INVERT IN TO BE ABOVE
SIPHON OPERATION LEVELS.
PER MANUFACTURER'S
RECOMMENDATION.
FLUID DYNAMIC SIPHON, INC
MODEL 423 INSTALLED PER
MANUFACTURER'S
RECOMMENDATIONS
4' PJC PIPE O 2% MIN.
FROM DOSING TANK
DISTRIBUTION BOX
Not to Scale
VENTED MANHOLE COVER
6' ABOVE FINISHED GRADE
OR FLUSH WITH PAVED
MANHOLE FRAME AND UD
ECCENTRIC CONE OR CONCRETE UD
4' DIA. CONCRETE
MANHOLE, WATERTIGHT
OR APPROVED EQUAL
4" SDR35 PVC
SEWER O 2% MIN
TO LEACH FIELD
SET SIPHON SUMP IN - SET THE MANHOLE LEVEL ON A GRAVEL BASE
CONCRETE PER
MANUFACTURER'S
RECOMMENDATIONS DOSING TANK - ELEVATION
Not to Scale
LEACH FIELD SYSTEM - TYPICAL
Not to Scale
CONCRETE MANHOLE RISERS
PROPOSED 4' CLEANOUT p5 NEEDED (TYPICAL)
BRASS OR CAST IRON
CAP AND COVER
PR DIE ADEQUATE
FILTER W/ HANDLE
SUPPORT FOR PIPE BEFORE
AND DURING BACKFIWNG
In
CONCRETE
SUPPORT
ENCASE WYE IN
.J Proposed R
CONCRETE
LEACH CHAMBER
CLEANOUT DETAIL
PIAN
Not to Scale
L
VENT k INSPECTION WELL
F, TWO CHAMBER PORTS
EACH END OF ROW (TYP)
■-m
DISTRIBUTION BOX W/ BAFFLE:
ALL INVERTS OUT TO BE AT
IDENTICAL ELEVATIONS
THE INVERT IN TO BE
6' ABOVE INVERT OUT
4 -INCH SOLID PJC PIPES AT
2.05 MIN. SLOPE OUT TO
THREE ROWS OF INFILTRATORS
REMOVEABLE CAP
4- SOLID PIPE 4 VENT HOLES
iI Jj' p MIN.
ADS CHAMBER
AIR VENT & INSPECTION WELL DETAIL
Net to Scale
CONCRETE RISER
RINGS AS NEEDED
4" SDR35 PVC SEWER O 2.0%
MIN. FROM SEPTIC TANK
INVERT IN TO BE ABOVE
SIPHON OPERATION LEVELS.
PER MANUFACTURER'S
RECOMMENDATION.
FLUID DYNAMIC SIPHON, INC
MODEL 423 INSTALLED PER
MANUFACTURER'S
RECOMMENDATIONS
4' PJC PIPE O 2% MIN.
FROM DOSING TANK
DISTRIBUTION BOX
Not to Scale
VENTED MANHOLE COVER
6' ABOVE FINISHED GRADE
OR FLUSH WITH PAVED
MANHOLE FRAME AND UD
ECCENTRIC CONE OR CONCRETE UD
4' DIA. CONCRETE
MANHOLE, WATERTIGHT
OR APPROVED EQUAL
4" SDR35 PVC
SEWER O 2% MIN
TO LEACH FIELD
SET SIPHON SUMP IN - SET THE MANHOLE LEVEL ON A GRAVEL BASE
CONCRETE PER
MANUFACTURER'S
RECOMMENDATIONS DOSING TANK - ELEVATION
Not to Scale
LEACH FIELD SYSTEM - TYPICAL
Not to Scale
CONCRETE MANHOLE RISERS
PROPOSED 4' CLEANOUT p5 NEEDED (TYPICAL)
BUILDING
- GRAD=(VARIES)
FILTER W/ HANDLE
DISIRIBLRION BOX
In
SEPTI
SR
TANK,
PER
.J Proposed R
LEACH CHAMBER
PIAN
HER
.1ELD
SYSTEM, SEE DETAILS
4 -INCH SDR35 PVC SEWER Al
4 -INCH SOR35 PJC SEWER AT
DOSING TANK
MIN. 1/4' PER F00T SLOPE (TYP)
MIN. 1/4' PER FOOT SLOPE (TYP)
(SEE DETAILS)
oaDd
ISDS PROFILE
Not to Scale
SITE PLAN
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Q
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L
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EL
DATE
06/12/15
SCALE VARIES
ENGINEER
C. HALE
DWG FILE
andersResidence
JOB
556-005
SHEET
C5
1
3 I n
P
.J Proposed R
/
oaDd
CIEANUUT AND TO
4' PVC
FROM CE
opoSE YLEA Fl
INSTALL 1.250 gal.
SEPRC K
RC dt OSING TANK
5W
I M 'FROM WATER PPLY
/ FROM BQ 1.
/
/ co
10' MGMMGMPROPERPROPER TY%
\
/
1
J / NG TANK,
/ /
GN SE A S:
FR WELL
f /
!� /
/ SEE
ACtiv Envelope ,
25' FR WATER PPLY NE
20' BUILD G
/
U /
/
10' M PR TY E
PROPOSED DISTRIBUTION
/ BOX, SEE DETAI
4' PVC SEWER PIPE
FI SBENDS
/BEO 2L
AS NECESSARY &
MIN. SLOPE (TYPICAL)
r! /J
SITE PLAN
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fie.+
L
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EL
DATE
06/12/15
SCALE VARIES
ENGINEER
C. HALE
DWG FILE
andersResidence
JOB
556-005
SHEET
C5
NOTE%
1. EXCAVATE TRENCHES TO PROPER WIDTH. AND PROPER DEPTH AS
REWIRED BY STATE AND LOCAL CODES.
2, SMOOTH IRREGULARITIES IN THE EXCAVATION. A LEVEL, FLAT
SURFACE IS NECESSARY.
3. ASSEMBLE BIODIFFUSER LEACHING CHAMBERS AND UNIVERSAL
ENDPLATES TOGETHER IN TRENCH(ES).
4. THE UNIVERSAL END PLATE IS CONSTRUCTED WITH TABS SO
THAT THE EARTH FILL ON ONE SIDE WILL HOLD IT SECURELY
IN PLACE AGAINST THE BIODIFFUSER.
5, PUNCH OUT PIPE HOLE OPENINGS IN THE END PLATES AS
NEEDED AND CONNECT INLET PIPES.
6. FILL SIDEWALL AREA TO TOP CHAMBERS WITH NATIVE SOIL G2 1/2-
7. 'WALK IN" FILL TO COMPACT SOIL ALONG SIDES OF CHAMBER.
THIS IS VERY IMPORTANT TO ACHIEVE FULL WEIGHT RATING.
8. COVER CHAMBERS TO A MINIMUM OF 12" AFTER CONSOLIDATION
FOR H-10 APPLICATIONS AND 18" MINIMUM COVER AFTER
CONSOLIDATION FOR H-20 APPLICATIONS. AVOID LARGE ROCKS
OR DEBRIS IN COVER MATERIAL A WELL GRADED, CRUSHED
GRAVEL AND CAREFUL COMPACTION IS RECOMMENDED FOR H-20
INSTALLATIONS.
W W W W W W W W 4-
12"
12" MIN.
SECTION A -A
Not to Scale
1. Topsoil shall be stripped. stockpiled ant q� th mar, disturbed areas. Evbtlrg times and
dhrubs shall In unless otherwise app ng vsgshotlan stall not be
isturbed beyond tie necessary limits of the construction.
2 NI disturbed anwe shall be rwegetated by the Owner.
3. The site shall be graded wo that runoff ate, does not drain onto the leach field surface.
4. Cons" 'on hall conform to Pitkin County Regulations.
5. Chris Hale, Mountain Crass Engineering, Inc, shall hs notified of the construction progrese ea
the wr= ay be Inspected. Do not backnit over arty system components until they have
been oepectnd.
S. Sewer piping shall be bedded and Initially backfilled with gravel 4 Inches under piping and 6
inches on top of piping. Backfill shall be wheel -roll compacted. Piping shall be Installed
watertight and to prevent freezing.
7. The septic tank shall be procast concrete, set level on a bed of gravel. Install the tank in
accordance with the manufacturer's recommendations.
S. The septic tank capacity must be at least the b:e Pecifled.
9. The inipti tank inlet must be at Iwst 3 Inches highs, than the outlet M Inlet W r
baffle must extend above the surface of the liquid to within 1 Inch of the bottom of the tank
top and must extend at least 14 Inches, below the Intel,
10. Afilter is required an ttyhe Final outlet tee or at a point between the septi funk d
absorption field w that eurfawe liquid effluent will be diechs,MOther utetdtow, Mebionk
must edsnd above the rf of The liquid to within o Ah un
top. Tees must extend at least 14 ir'hee below the oWeLa
11. TM distance from the septic tank outlet to the underside of the tank top must be at
least 10 Inches.
12. Liquid depth must be at Mast 30 Inches and must not exceed the septic tank length or
60 inches, whichever Is leve.
13. A septic tank must have two or mom compartment. (or more than one tank in series to
provide the necessary capacity). The first compartment must be at least as, large as the
second ompartmerd.
14. W. transfer of liquid from the first sec compartment to the d u He
compartment must be made at a liquid depth of at least 14 inches be_low the outlet invert
but not i the sludge zone.
15. At least one access no less than 20 Inches across must be provided In each
compartment of conk.
16. The opening r of a septic tank, Inspection port orpiling access port must be
marked and must be no mom than 8 Inches below the finished grade. K must be made of
materials resistant to degradation from moisture or sewer gases.17. Pipe meeting or exceeding ASTM standard 3034 property supported to prevent failure by
setting must extend from the septic tank at least five (5) feet from the Inlet and outwit ends.
18. NI wastewater Anes used must be constructed of compatible pipe, bonding agent, and
fittings. The following may be used; poetic pipe and fittings with a minimum wall thickness of
ASTM Standard 3034. SDR35, or equivalent, perforated distribution pipe surrounded by rock
within a soil abeorption system with a minimum wall thickness conforming to ASTM Standard
2729; or corrugated polyethylene pipe with smooth int ria meetingoASTM F405 and AASHTO
M252 specifiwtiona or equivalent rile. open -joint pipe. and cast i n pipe may not be used in
ISDS's.
19. NI mponento. work equipment and material must be designed, operated d maintained
as, o comply Wth the minimum requirements of the applicable and current Plumbing.
Electrical. Building or other code in force on the date of the ISDS Permit Application.
20. Major components not constructed on the eke whom installed must have a permanent
platr other indelible marking. wely read and visible. for the purpose of inspection. to
Include n of manufacturer, model or serial number designation, and maximum design
capacity of the unit
21. Gravel hall be lean. ec ned rock III to 2-34" in size.
22. Tonka, treatment its, and piping materol must be watertight and must be certified by
the Water Duality Control Division of The Colorado Departrnent f Public Health and Environment.
Under certain circumstances, the Department may require the tank be filled with water prior to
backfill o check forleaks.
23. Thio ground any part of the ISDS must be restricted to activity use that will allow
the system to function as, designed and that will not -tribute to compaction of the wil or
ctural lo
to the structural detrimental to the capability of the component to function as,
designed. Driveways. paVng e. storage buildings, large irtal confinement arse and
then similar uese may mat ha paced r above an ISDS dispoeal_fieo.
24. Machine tamping rolling, or hydraulic compaction of final cover m not permitted. however,
hard tamping may be allowed where neceewry o stabilize the soil to prevent erosion or the
iX= a1 k! may water.
25. Siphon to be model 430 by Fluid Dynamic Siphons. Inc. /800.888.56.53 o' approved equal.
Instill pa manufacturses recommendations.
28. Bull run veld to be switched annually. Contractor to Inform Owner of this requirement,
LANDERSRESIDENCE FOUR BEDROOMS AND 4,297 SQUARE FEET, ONE BEDROOM HAS TWO BEDS SO
USE FIVE BEDROOMS FOR DESIGN
DESIGN FLOW - (5 Bedroome)e(2 Ps-ne)e(75 gpd) - 750 gPd
USM SOIL CLASSIFICATION LOAM, LTM 0.60
MINIMUM ABSORPTION AREA [(750 gpd)] / 0.60 - 1,250 q.ft.
USE LEACH FIELD AREA - 1,250 ssqq it WITH A 0.9 REDUCTION FOR DOSING AND 0,7 CHAMBERS
s 1,250 W ft a 0.9 a 0.7 - 7BB sq. R. REQUIRED LEACH AREA
REWIRED CHAMBERS - (788 eq. ft)/(12.34 sq. FL/chamber) - 63.8 chambers
USE FOUR ROWS OF 16 CHAMBERS. 64 TOTAL
REWIRED SEPTIC TANK VOLUME - 5 Bedrooms - 1,500 gallons
DOSING FREQUENCY - 4 d -/day
DOSE VOLUME - (750 gpd) / (4 dpd) - 187.5 gallas/dose
24' DEPTH IN VO MANHOLE USE SIPHON MODEL /423
FROM
PROPOSED 4" CLEANOUT
BUILDING
GRADE NARIS
4 -INCH SDR35 PVC SEWER AT
MIN. 1/4" PER FOOT SLOPE (TYP)
TANK,
PER
ISDS PROFILE
Not to Scale
REMOVEABLE CAP
4' SOLID PIPE 4 VENT HOLES
14' s MIN.
ADS CHAMBER
AIR VENT & INSPECTION WELL DETAIL
Not to Scale
DISTRIBUTION BOX W/ BAFFLE:
ALL INVERTS OUT TO BE AT
IDENTICAL ELEVATIONS
THE INVERT IN TO BE
B" ABOVE INVERT OUT
4 -INCH SOLID PVC PIPES AT
2.0% MIN. SLOPE OUT TO
THREE ROWS OF INFILTRATORS
11116-3 I. fiLei \
ICRETE Mk s. RISERS
NEEDED (TYPICAL)
FILTER W/ HANDLE
_ i i DISTRIBUTION BOX
IN
LEACH FIELD CHAMBER
4 -INCH SDR35 PJC SEWER AT SYSTEM• SEE DETAILS
DOSING TANK MIN. 1/4' PER FOOT SLOPE (TYP)
(SEE DETAILS)
VENTED MANHOLE COVER
6" ABOVE FINISHED GRADE
OR FLUSH WITH PAVED
LE FRAME AND LID
CONCRETE RISER
RINGS AS NEEDED,*CCENTRIC CONE OR CONCRETE UD
4" SDR35 PVC SEWER O 2.Ox
MIN. FROM SEPTIC TANK
INVERT IN TO BE ABOVE
SIPHON OPERATION LEVELS.
PER MANUFACTURER'S
RECOMMENDATION.
I T 9 4' DIA. CONCRETE
I MANHOLE, WATERTIGHT
OR APPROVED EQUAL
FLUID DYNAMIC SIPHON, INCA _ 4' SDR35 WC
MODEL 423 INSTALLED PER SEWER O 2X MIN
MANUFACTURER'S TO LEACH FIELD
RECOMMENDATIONS r
4' PVC PIPE O 2% MIN.
FROM DOSING TANK SET SIPHON SUMP IN SET THE MANHOLE LEVEL ON A GRAVEL BASE
CONCRETE PER
MANUFACTURER'S
RECOMMENDATIONS DOSING TANK - ELEVATION
Not to Scale
LEACH FIELD SYSTEM - TYPICAL V
Not to Scale
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PROVIDE ADEQUATE
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AND DURING BACKFlWNG
!" CONCRETE
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ENCASE WYE IN
CONCRETE
CLEANOUT DETAIL
Not to Scale
FROM
PROPOSED 4" CLEANOUT
BUILDING
GRADE NARIS
4 -INCH SDR35 PVC SEWER AT
MIN. 1/4" PER FOOT SLOPE (TYP)
TANK,
PER
ISDS PROFILE
Not to Scale
REMOVEABLE CAP
4' SOLID PIPE 4 VENT HOLES
14' s MIN.
ADS CHAMBER
AIR VENT & INSPECTION WELL DETAIL
Not to Scale
DISTRIBUTION BOX W/ BAFFLE:
ALL INVERTS OUT TO BE AT
IDENTICAL ELEVATIONS
THE INVERT IN TO BE
B" ABOVE INVERT OUT
4 -INCH SOLID PVC PIPES AT
2.0% MIN. SLOPE OUT TO
THREE ROWS OF INFILTRATORS
11116-3 I. fiLei \
ICRETE Mk s. RISERS
NEEDED (TYPICAL)
FILTER W/ HANDLE
_ i i DISTRIBUTION BOX
IN
LEACH FIELD CHAMBER
4 -INCH SDR35 PJC SEWER AT SYSTEM• SEE DETAILS
DOSING TANK MIN. 1/4' PER FOOT SLOPE (TYP)
(SEE DETAILS)
VENTED MANHOLE COVER
6" ABOVE FINISHED GRADE
OR FLUSH WITH PAVED
LE FRAME AND LID
CONCRETE RISER
RINGS AS NEEDED,*CCENTRIC CONE OR CONCRETE UD
4" SDR35 PVC SEWER O 2.Ox
MIN. FROM SEPTIC TANK
INVERT IN TO BE ABOVE
SIPHON OPERATION LEVELS.
PER MANUFACTURER'S
RECOMMENDATION.
I T 9 4' DIA. CONCRETE
I MANHOLE, WATERTIGHT
OR APPROVED EQUAL
FLUID DYNAMIC SIPHON, INCA _ 4' SDR35 WC
MODEL 423 INSTALLED PER SEWER O 2X MIN
MANUFACTURER'S TO LEACH FIELD
RECOMMENDATIONS r
4' PVC PIPE O 2% MIN.
FROM DOSING TANK SET SIPHON SUMP IN SET THE MANHOLE LEVEL ON A GRAVEL BASE
CONCRETE PER
MANUFACTURER'S
RECOMMENDATIONS DOSING TANK - ELEVATION
Not to Scale
LEACH FIELD SYSTEM - TYPICAL V
Not to Scale
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