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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 PROPOSED CORRECTION TO PHONE. _- - ..��"�!— / /- �ry '��% ,•� i , V%' �do i qtr® CALL ORDINACENTUR MC pp eoa4M tyd—t r.rewrr r ®maw. rwke +cy„'A�.r"' we.rY TO COORdNATE CONNECTION D t 3 / ' - ' ' ' • r�A/ew g 3 rw 1r umw. e.� r ux u.e �..Y �..a r / /: ,,- � rr i tr wr ..t .. arrrtr MAY -0— a PROPOSED OONNECTMN m PGVIER. ' / / �r■ Ei e'�in. nMxe: +ry m .'ww r CALL HOLY CROSS /YQ.543S TO i ,' wmay .an we ATE CdlNECl10N Z W Win.. a ¢. wwa..k .r .•.N+m rr. —_ � a a CIE LOT 2 rn...wr rr mrw <.•orW w � w Hai : --"'_ _ ... /' ,' / 4oi niter :wt�..r ti`Mw�wa'.ww..� \ +• / _�.� '' / .'/ /,'- ,/ ' j ��gC mom .. ..... h.. «a.w.. ,. Knwwo CIbeforeyoudlg. 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HALE `Ktr /// /' / / / /' , / LondereReeldence � �+ (/ I in , � . / ' /'• � � _/ / ' / / .oe SSe--OAD/S CL u 0 #r� c. -v i 4w • GoP&'.ech HEPWORTH-PAWiAK GEOTECHNICAL • Hite yonh-Pawlak Gr`wedinieal,'lt71c i02LI t oontg €t.xkl-1 54 cileaxa+x'l springi, colora'trt 81(x11 Mom; 9 t0-945 )'iS 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 yeGPg.. ich Q rV M ri 0 z .0 0 n Cn z J � W Z � = W W ~ LU O0Od g-Ujj0m ¢ag < W = O LU LU -, C' a� U U C7 U U U U u'LU m C G co a Wr- 1H n vg��o v V Z n CLLU LU 0 azo W u w o 00 M N a a z o M di' `00 F- 0 0 0 .� -oaf z ? ? -1 M r -r cl! .--i z 0 0 �-+ 00 ,-� .moi O LU N O� Oh d a d 0 ut zz a� i. 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, -1- 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 -2- 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, -3- N 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. -4- 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. -5- 9 a 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.] -7- n 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 -8- 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 -10- 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. -1- 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 -2- 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 -3- L!] 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. -4- l 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 -5- W a 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. a 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 -7- a 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. -8- (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 W a 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 -10- 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. -11- 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. -12- M 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. -13- 4 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: -14- 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. -15- Ln n 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. -16- 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: -17- 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) -18- 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. -19- 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 -20- 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. WOW n r, I 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 -22- 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 -23- L� la 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 -24- 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 -25- 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 W U Z W �0 W LA - cc LU0 Z J Z Q J F - Z W L2 r III W/� /It CC W Q W N Ill Q 0 Q fie.+ L 3 0 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 W U Z W �0 W LA - cc LU0 Z J Z Q J F - Z W L2 r III W/� /It CC W Q W N Ill Q 0 Q fie.+ L 3 0 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 W U Z W Q Nass W W0r 0 I Z Q J BRASS OR CAST IRON CAP AND COVER PROVIDE ADEQUATE SUPPORT FOR PIPE BEFORE AND DURING BACKFlWNG !" CONCRETE SUPPORT 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 W U Z W Q Nass W W0r 0 I Z Q J 0 GRUENEFE m ft-, CONSTRUCTION vhf, B(9A 1910 imm r. ( 0181621 Al, %34974 C.Wltw O NOR, 0 U V) W U x x V ZIA. A, WW v 2 I IDOL IVB00 ` m a) 0 v Nvi 0 a 3 o � w� A, WW v 2 •U) L IDOL Go ` m a) 0 v J J W m WY 06.16.15 BUILDINGPERMITSUSMITrAL HSA PROJECT NO:$1.130 DPW PROJECT NO: %70000 Crawl Space Plan SCALE: 3116' = T -C" A3.0 GRUENEF E un CONSITRUCI 10N P.CI• BOX 1910 ,MS0,13, Co 81!21. f97019Q3.497Y C.Iut It O NORTH IL 3 M .y L N 0 d' LL co O � � V J J m Im 06.02.15 HOASUBMITTAL 06.04. 15 MOA5UBMITTlLL. RCv15CD 06.16.15 BUILDING PERMIT 5U13MITTAL NSA PROJECT NO: 51.130 DPW PROJECT NO: 70000( Floor Plan SCALE: 3Hr= VY AM Uzzt� Q h W �N ooh N v 1°1 IL 3 M .y L N 0 d' LL co O � � V J J m Im 06.02.15 HOASUBMITTAL 06.04. 15 MOA5UBMITTlLL. RCv15CD 06.16.15 BUILDING PERMIT 5U13MITTAL NSA PROJECT NO: 51.130 DPW PROJECT NO: 70000( Floor Plan SCALE: 3Hr= VY AM GRUENEFELDT CONSTRUCTION P.O. BOk 1910 uoAr rj.., sisa (971195}.4974 NOR771 zH I� o w 7 a y U 3 �Sk Vl .f V. N .�. � O •n I...: 06.16.15 BUILDING PERMIT5UBM17rAL NEM PROJECT NO:61.130 DRY PROJECT NO: %%%X% Reflected Ceiling Plan SCALE. 3116" = T -T A3.2 I� 7 a y 3 O •n L C4 LL Go L O � = U •mH _ J J � m I...: 06.16.15 BUILDING PERMIT5UBM17rAL NEM PROJECT NO:61.130 DRY PROJECT NO: %%%X% Reflected Ceiling Plan SCALE. 3116" = T -T A3.2 GRUENEFE LDT CONSTRUCTION P.O. Wyx 1910 a lksA1:C,.Casua1 (9910) 9634979 C..R.A O NOR, zH v Roof Plan EU-+ U Oil Nob mm O N vt 06.02.15 HOA SUBMITTAL 06.16A BULLDING PERMIT SUBMITTAL AXSA PROJECT NO: 51.130 DPW PROJECT NO: xxxxx Roof Plan SCALE: 3/19' = 1'-T 0 A3.3