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Home My WebLink About20060696.tiff LSC TRANSPORTATION CONSULTANTS,INC. 1889 York Street Denver,CO 80206 (303)333-1105 FAX(303)333-1107 E-mail: Ise@lsedenver.com Web Site: http://www.lscdenver.com TRANSPORTATION CONSULTANTS, INC. December 2, 2005 M6 Kim Ogle Weld County Planning 86 Zoning 918 10th Street Greeley, CO 80631 Re: St. Vrain Lakes Weld County, CO (LSC #040840) Dear Mt Ogle: This letter is written to request that Weld County allow the proposed St. Vrain Lakes develop- ment to use a local roadway section and cul-de-sac section that is a variation from the Weld County MUD roadway standards shown in Chapter 24 of the Weld County Code. The proposed Local Residential section will be used for most local roadways within the St. Vrain Lakes development. The total roadway section is proposed to have a 60-foot right-of-way which is consistent with the Weld County Local Residential section. However, the difference is that for the St. Vrain Lakes proposed section,ten-foot travel lanes are provided which is two feet less than the 12-foot lanes that the Weld County Local Residential section calls for. Furthermore, six feet of parking area (including the gutter) is provided on both sides of the roadway. The Weld County Local Residential section calls for eight feet of parking which does not include the gutter. The resulting total flowline to flowline width provided is 32 feet compared to the 44 feet shown in the Weld County Code. It is generally accepted among traffic engineers that reducing the width of a street has the effect of reducing vehicular speeds and therefore results in increased safety. This relationship has been documented in numerous studies. Psychologically, wider streets give motorists a sense that it is safer to speed up, and since motorists tend to drive at the fastest speed they feel safe at, faster speeds are seen on wider roads. In addition, narrower street widths allow for narrower,safer pedestrian crossings. We have attached Table 13-6 from Transportation and Land Development published by the Institute of Transportation Engineers in 2002 which recommends 28 feet wide residential roadways with on-street parking on both sides. In conclusion,we believe that the narrower roadway pavement section will provide a safe road- way for the public. The goal is to provide more livable and walkable streets by balancing the r roadway use between vehicles, pedestrians, and bicycles. This balance will increase the community feel of the neighborhoods. Pedestrian safety will be increased due to a narrower I 2006-0696 Me Kim Ogle Page 2 December 2, 2005 crossing distance and slower vehicle speeds since drivers tend to travel at slower speeds (20 to 25 mph) when they perceive a narrower roadway. The lower speeds will also result in less accidents and less cut-through traffic. In addition, all single-family dwelling units proposed within the St. Vrain Lakes development will have garages and driveways so it is likely that there will be few cars parked on the streets. Furthermore, narrower roadways will reduce maintenance costs, reduce storm water run-off, and allow a more efficient use of developable land. Finally, the Mountain View Fire District has reviewed the proposed section and has indicated that it meets or exceeds their requirements for emergency vehicles. A letter of support from the Mountain View Fire District is forthcoming and will be provided to the County staff. We also request a variance to the Weld County cul-de-sac section requirements which calls for a 65-foot radius right-of-way and a 50-foot radius flowline. We are requesting a 50-foot wide radius right-of-way with a 36-foot radius flowline which exceeds the Mountain View Fire District minimum flowline radius of 35 feet. • w w We trust that our findings and recommendations will assist in the planning for the proposed St. Vrain Lakes development. Please call us if we can be of further assistance. Respectfully submitted, LSC Transportation Consultants, Inc. �-�— in T. Waldman, P.E., PTOE BTW/wc Z:\LSC\Projects\2004\040940\Rt-Local Cross Sectlons.wpd lierracon November 29, 2005 Consulting Engineers and Scientists 10625 West 1-70 Frontage Road North Suite 3 Wheat Ridge Colorado 80033 Carma Phone(303)423-3300 Highland Place 11 Fax(303)423-3353 i 9 www.terracon.com 9110 East Nichols Avenue, Suite 180 Greenwood Village, Colorado 80112 Attn: Mr. Tyler Packard Re: Supplemental Pavement and Site Groundwater Drainage Recommendations Proposed Mixed-Use Development Carma Weld County Site Weld County Road 30 (Highway 66) and Interstate 25 Terracon Project No. 25045122 At your request, Terracon has prepared this supplemental letter to provide information regarding pavement alternatives and site groundwater drainage in order to respond to comments prepared by the Weld County Public Works Department in a letter dated November 15, 2005. This letter is intended to supplement our preliminary geotechnical engineering report dated May 26, 2004 (Terracon Project No. 25055122); all previous recommendations from the preliminary report remain applicable. Pavement Section Alternatives: Based on our preliminary geotechnical engineering exploration and analysis, we provided three preliminary pavement sections/alternatives for each anticipated different street classification/traffic area, respectively. One alternative was comprised of a composite section consisting of asphalt concrete overlying aggregate base course. The second alternative consisted of a full-depth section consisting of asphalt concrete. The third alternative was comprised of a full-depth section consisting of Portland cement concrete. Since the alternatives are structurally equivalent, the section is generally chosen based on economics related to material costs, placement costs, and the location of the site in relation to specific quarries or asphalt plants. Aesthetics, maintenance, and durability are also considered when choosing between full-depth Portland cement, full-depth asphalt concrete, or a composite section consisting of aggregate base course and asphalt concrete. Generally, any of the given alternatives will perform adequately because the sections are structurally equivalent. However, some subgrade soil types are more suitable for use with an aggregate base course section while other soil subgrade types may perform better without the base course layer. The soils encountered within a majority of the preliminary soil borings at the referenced site were generally comprised of clay or clayey soils; however, based on planned site grading, potentially expansive claystone bedrock could also be exposed at planned pavement subgrade elevation. These clayey soils and claystone Delivering Success for Clients and Employees Since 1965 More than 70 Offices Nationwide Supplemental Pavement and Site Groundwater Drainage Recommendations Terracon Carma Site —Weld County, Colorado Terracon Project No.25045122 material types are generally moisture sensitive and may exhibit swell and/or consolidation upon wetting. Since aggregate base course is granular in composition, it may have a tendency to create a conduit for water migration beneath the asphalt component of the composite pavement section. Significant welling could result in expansion or instability. Therefore, a pavement section including aggregate base course may not perform as well as a full-depth asphalt section due to the increased potential for wetting of the clayey subgrade soils over a significant portion of this site. Additionally, during the construction phases of the project, before asphalt is placed over the aggregate base course, the subgrade soils will generally tend to migrate into the base course creating contamination and potentially compromising the pavement section if a geotextile membrane is not used as a separation barrier. Construction scheduling in relation to weather events will become critical if aggregate base course is used as part of the pavement section. If aggregate base course is exposed to precipitation events prior to placement of the first lift of asphalt concrete, removal of the aggregate base course may be required to re-stabilize the subgrade materials prior to paving. Additionally, due to the decreased thickness of asphalt concrete used in a composite section, the partial lift of asphalt concrete commonly used during construction will be relatively thin, potentially resulting in damage to the pavement structure. This damage can result in reflective cracking through the final surface lift of asphalt concrete which creates pathways for moisture to infiltrate the subgrade materials. For this reason, full depth asphalt will likely exhibit better long term performance for this site. We are available to discuss the various pavement alternatives included within the preliminary geotechnical report in detail with County officials if needed to address specific details and/or concerns at your request. Site Groundwater Drainage Recommendations: As outlined in our preliminary geotechnical report, and as noted by Weld County officials, groundwater was encountered in a majority of the borings drilled at the site. The groundwater appears to be perched above the bedrock and/or traveling through fractured/more permeable seams within the bedrock in a south to southeast direction toward the St. Vrain River. As outlined in our report, it is our opinion that a majority of this groundwater flow could be collected and diverted to existing drainages and/or the St. Vrain river with an inceptor drain constructed along the north and west perimeter of the overall development. The interceptor drain would consist of a narrow trench filled with gravel and a perforated pipe wrapped with filter fabric. This type of drain system has been used successfully on similar projects to lower groundwater conditions. Additionally, it is our understanding that a main underdrain system located beneath the sanitary sewer will be constructed for the overall development. The underdrain will be constructed within the interior streets for the purpose of collecting and directing water from individual basement/foundation perimeter drain systems for each individual single-family 2 Supplemental Pavement and Site Groundwater Drainage Recommendations Terracon Carma Site —Weld County, Colorado Terracon Project No.25045122 residence to a suitable outfall. Generally, it has been our experience that this type of system is adequate for conveying the volume of water typically associated with perched groundwater conditions and from surface water infiltration due to storm events and individual homeowner irrigation requirements. A formal report including additional soil borings along with groundwater measurements and basement drain recommendations for each lot/residence will be prepared following mass site grading activities. It is our opinion that the interceptor drain will significantly reduce the amount of water encountered in the future borings after the site has been graded therefore making basement construction feasible for the site. We are available to discuss other dewatering options at your request and can assist in design of an interceptor drain system. Closure: We appreciate being of service to on this phase of the project, and are prepared to assist you during other phases as well. Please do not hesitate to contact us if you have any questions concerning this report or any of our testing, inspection, design and consulting services. Sincerely, r''• TERRACON I..•Rf G/Sl�A lat. nSe f : �P i !v" ` Or 40: 11/29/05 / is O N A '�-' Raymond L. Denton II, E.I. Michael E. Anderson, P.E. Staff Engineer Geotechnical Department Manager Enclosure Copies to: Addressee (3) 3 Carroll & Lange 2 eTh Professional Engineers&Land Surveyors Lakewood • Winter Park r^ November 28, 2005 JN: 3075 Weld County Public Works Attn: Peter Schei, P.E. 1111 H Street P.O. Box 758 Greeley, CO 80632-0758 Dear Peter: We have reviewed the comments in your memorandum dated November 15, 2005. For ease of addressing the comments, I have included the comments in bold italics and offered our responses below each of the comments. Public Works has reviewed drawings titled: Detailed Change of Zone Plan for St. Vrain Lakes PUD dated August 2005, by DTJ Design, Inc. The Vicinity Map (Sheet 1) shows (only) the proposed development and no adjacent properties; especially to the South around SH 119, to the North of SH 66, to the East of CR 13, or to the West of 1-25. It is reasonable to request a one-mile outer limit of the proposed PUD be shown on a revised vicinity map to be submitted to Public Works prior to scheduling the Board of County Commissioners hearing. Response: We have revised sheet 1 with an expanded vicinity map that includes the surrounding area within a one-mile radius. St. Vrain Lakes PUD is planned for up to 5,131 buildable lots with various uses, including residential and commercial. Public Works will supplement this memorandum with additional in-depth technical comments provided by our retained transportation engineering consultant before long. External Roadways: The proposed development property lies within the MUD; therefore Public Works recommends that all external roadway improvements shall meet Weld County MUD criteria /standards (typically CDOT and AASHTO). Response: The adjacent external roadways proposed for the St. Vrain Lakes PUD meet the minimum requirements of the MUD criteria with the exception of WCR 9 %, which follows the cross section provided by the County Public Works staff. It is not known at this time if the applicant seeks a variance for external County roadways, since specific cross-sections were not provided for these corridors and a letter seeking any variance to County roadway standards was not provided in the application materials. P.O.Box 3345 63 Cooper Creek Way, Suite 328 165 South Union Blvd., Suite 156 Winter Park,CO 80482-3345 Lakewood, CO 80228 (970)726-8100 Fax 726-9100 (303)980-0200 Fax 960-0917 Denver-Winter Park Dir. 980-9600 Weld County Public Works Peter Schei, P.E. November 28, 2005 Page 2 The applicant must request a variance at the Planning Commission and Board of County Commissioners Change of Zone Hearings, if any variance from County standards for external roadways is requested. Response: Since our proposed external roadway sections meet or exceed the County requirements, we will not be asking for a variance to the County standards. Public Works has reviewed drawings titled: Detailed Change of Zone Plan for St. Vrain Lakes PUD dated August 2005, by DTJ Design, Inc. While the Phase Plan Map (Sheet 2) and the Street Cross — Sections (Sheet 20) are useful to Public Works, there are no plan drawings locating (dimensioning and labeling) road rights-of-way. Additional change of zone plan maps shall be submitted to Public Works, prior to scheduling the Board of County Commissioners hearing illustrating road rights-of-way clearly depicted, dimensioned and labeled for all external roads (and known proposed internal roadways). Any roundabouts proposed shall also be shown, including road rights-of-way clearly depicted, dimensioned and labeled. Response: We have added Street Right-of-Way drawings as sheets 23 and 24. These drawings identify the existing and proposed right-of-way for the external roadways, as well as provide a typical internal roadway (local street) layout on sheet 23. Sheet 23 also includes a typical detail for single lane and two-lane roundabouts with curb and right-of-way dimensions. The Street Cross— Sections (Sheet 20)shall include typical cross-sections for each of the external County roadways planned to be constructed for the proposed development: CR 9 '''4, CR 11, CR 13, and CR 28. Care should be taken to accurately depict, dimension and label (any of the required): rights-of-way, easements, road surfaces, travel lanes, turn lanes, shoulders, drainage ditches, medians, bike lanes, sidewalks, curbs 8 gutters, and landscape buffers. Each of the external County Roadways must be depicted by a separate roadway cross-section and labeled to match - to avoid any confusion. Any roundabouts proposed shall also be shown, including road rights-of-way clearly depicted, dimensioned and labeled. The applicant shall indicate their intentions and responsibilities with respect to the construction of said associated roadway cross-sections in graphical and written manner to clearly indicate objectives. Any phasing may also be included with the depiction of each roadway cross-section. Revised Street Cross — Sections (Sheet 20) shall be submitted to Public Works prior to scheduling the Board of County Commissioners hearing. Response: The cross-sections on sheet 20 have been modified to include the items requested. The external roadway sections are labeled with the appropriate street name. We have also included a cross-section for a typical one-lane roundabout. The construction responsibility and phasing related to external roadways has been added to sheet 2 in a tabular format. This table also includes a description on which portion of road (i.e. half width or full width) is to be constructed with each phase. Where external roads abut a property that is not included in the St. Vrain Lakes development, it is assumed that the non-adjacent half of the roadway will be constructed by the adjoining development. Weld County will not maintain median areas proposed for external roadways. Weld County Public Works Peter Schei, P.E. November 28, 2005 Page 3 Response: We anticipate that the community Metropolitan District will maintain these areas. Road classifications shall be adhered to with respect to County access standards. Response: We concur with your comment. The Traffic Impact Analysis — St. Vrain Lakes - Weld County, Colorado dated August 01, 2005, by LSC Transportation Consultants, Inc., sealed by Benjamin T. Waldman, P.E. has been reviewed for the proposed development. Of particular concern are the impacts to the fringe areas surrounding this tremendous development in Weld County and the potential maintenance concerns to the infrastructure. The applicant should address a fringe area of one-mile surrounding St. Vrain Lakes PUD and the impacts thereof. Response: All traffic related comments will be addressed under a separate letter and revised traffic study by LSC Transportation Consultants, Inc. and will be forthcoming. This development may introduce approximately 49,104 additional vehicle trips per day to the off-site roadway system based on the proposed 5,131 residential homes as calculated by Public Works for an estimate. This increased level of traffic on County roads creates surface / maintenance problems, levels of service, and capacity concerns. Response: All traffic related comments will be addressed under a separate letter and revised traffic study by LSC Transportation Consultants, Inc. and will be forthcoming. SH 66 adjacent to this development has been annexed by the Town of Mead. The applicant shall verify the existing right-of-way and the documents creating the right-of-way shall be noted on the change of zone plat. If the right-of-way cannot be verified, it will be dedicated on the final plat. Additional change of zone plan maps shall be submitted to Public Works prior to scheduling the Board of County Commissioners hearing showing road rights-of-way clearly depicted, dimensioned and labeled for all external roads. Response: We have added Street Right-of-Way drawings as sheets 23 and 24. These drawings identify the existing and proposed right-of-way for the external roadways. All additional right-of-way requirements will be dedicated by the final plat in which the road is included within. SH 66 is paved and maintained by CDOT adjacent to this development. The applicant's engineer, Ben Waldman, P.E., with LSC Transportation Consultants has submitted a letter from Colorado Department of Transportation dated 26-October- 2005 by Gloria Hice-Idler stating that full movement access would be allowed onto SH 66 at the CR 11 intersection and the CR 13 intersection. An additional full movement access would be considered onto SH 66 if placed a half-mile between CR 11 and CR 13. The letter states the third full movement access would be considered, but it is not Weld County Public Works Peter Schei, P.E. November 28, 2005 Page 4 clear if it has been granted by CDOT. The applicant shall clarify this access point with CDOT in writing and provide Public Works with said validation prior to scheduling a Board of County Commissioners hearing for the zone change. Response: All traffic related comments will be addressed under a separate letter and revised traffic study by LSC Transportation Consultants, Inc. and will be forthcoming. CR 13 is classified by the County (Weld County Roadway Classification Plan June 2002) as a major corridor- arterial road(adjacent to the east of this development) and requires a 140-foot right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way shall be noted on the change of zone plat. If the right-of-way cannot be verified, it will be dedicated on the final plat. Additional change of zone plan maps showing road rights-of-way clearly depicted, dimensioned and labeled for all external roads shall be submitted to Public Works prior to scheduling the Board of County Commissioners hearing. Response: We have added Street Right-of-Way drawings as sheets 23 and 24. These drawings identify the existing and proposed right-of-way for the external roadways. All additional right-of-way requirements will be dedicated by the final plat in which the road is included within. A typical cross-section is included on sheet 20. CR 13 is paved and under the jurisdiction of Weld County. Public Works normally requires that access points to an arterial road be limited to half-mile intervals. The County will consider quarter-mile access points if safety issues, roadway capacity and the level of service (LOS) for CR 13 (arterial) are not compromised. Public Works generally agrees with the proposed access points for the development. Response: Okay. CR 9 % is classified by the County (Weld County 1-25 Parallel Arterial Study September 2003) as a major arterial road (adjacent to the west of this development) and requires a 140-foot right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way shall be noted on the change of zone plat. If the right-of-way cannot be verified, it will be dedicated on the final plat . Additional change of zone plan maps showing road rights-of-way clearly depicted, dimensioned and labeled for all external roads shall be submitted to Public Works prior to scheduling the Board of County Commissioners hearing. Response: We have added Street Right-of-Way drawings as sheets 23 and 24. These drawings identify the existing and proposed right-of-way for the external roadways. All additional right-of-way requirements will be dedicated by the final plat in which the road is included within. A typical cross-section for WCR 9 'A is included on sheet 20. Public Works normally requires that access points to an arterial road be limited to half-mile intervals. The County will consider quarter-mile access points if safety issues, roadway capacity and the level of service(LOS) for CR 9 ''4 (arterial) are not compromised. Public Works will finalize access points for the proposed development with the applicant at the change of zone as the final traffic impact study will be needed for evaluation of locations. Weld County Public Works Peter Schei, P.E. November 28, 2005 r Page 5 Response: All traffic related comments will be addressed under a separate letter and revised traffic study by LSC Transportation Consultants, Inc. and will be forthcoming. The alignment for CR 9 ''4 will jog at the south end of the proposed development site, requiring adequate transportation geometric curvature through the applicant's property. The Weld County 1-25 Parallel Arterial Study documents this route and illustrates conceptual alignments. Response: The alignment of WCR 9 '/ has been established to meet the requirements of the Weld County 1-25 Parallel Arterial Study. The alignment has been established based on AASHTO and CDOT requirements for arterial roadways. These requirements were reviewed earlier in a meeting with Mr. Wayne Howard. A portion of CR 9 '/2 would be in the jurisdiction of Weld County and a portion may be within the jurisdiction of Mead for this development. The applicant shall coordinate with the appropriate authority concerning respective rights-of-way and roadway improvements meeting MUD criterion. Response: The proposed section for WCR 9 'A follows the requirements provided by Weld County. The Town of Mead has not been willing to meet with us concerning the St. Vrain Lakes development. It appears that a one-half mile section of WCR 9 '/, south of WCR 28, is split along the centerline of Section 35 between Weld County and Mead Jurisdiction. The County also anticipates coordination efforts between the applicant and Colorado Department of Transportation (CDOT) for the CR 9 %project. Of special concern are any signalization requirements at intersections. Response: All traffic related comments will be addressed under a separate letter and revised traffic study by LSC Transportation Consultants, Inc. and will be forthcoming. CR 28 is classified by the County(1-25 Mixed Use Development Area Structural Plan— Map 2.2 Structural Transportation Network, July 2004) as a minor arterial road within this development and requires a 110-foot right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way shall be noted on the change of zone plat. If the right-of-way cannot be verified, it will be dedicated on the final plat. Additional change of zone plan maps showing road rights-of-way clearly depicted, dimensioned and labeled for all external roads shall be submitted to Public Works prior to scheduling the Board of County Commissioners hearing. Response: We have added Street Right-of-Way drawings as sheets 23 and 24. These drawings identify the existing and proposed right-of-way for the external roadways. All additional right-of-way requirements will be dedicated by the final plat in which the road is included within. A typical cross-section for WCR 28 is included on sheet 20. CR 28 is gravel with sections maintained by Weld County and Mead in the vicinity of this development. r The applicant shall coordinate with the appropriate authority concerning respective Weld County Public Works Peter Schei, P.E. November 28, 2005 r Page 6 roadway improvements meeting MUD criterion. Of special concern are any signalization requirements at intersections. Response: The proposed section for WCR 28 follows the MUD cross-section for an Urban 4-lane Minor Arterial. The Town of Mead has not been willing to meet with us concerning the St. Vrain Lakes development. CR 28 must be improved for both on-site and off-site development impacts, along with CR 28 at the under-pass of 1-25. An item of interest will be the safety conditions at the 1-25 under-pass. Response: All traffic related comments will be addressed under a separate letter and revised traffic study by LSC Transportation Consultants, Inc. and will be forthcoming. CR 11 has been annexed by the Town of Mead. The applicant shall verify the existing right-of-way and the documents creating the right-of-way shall be noted on the change of zone plat. If the right-of-way cannot be verified, it will be dedicated on the final plat. Additional change of zone plan maps, showing road rights-of-way clearly depicted, dimensioned and labeled (for all external roads and known proposed internal roadways) shall be submitted to Public Works prior to scheduling the Board of County Commissioners hearing. Response: We have added Street Right-of-Way drawings as sheets 23 and 24. These drawings identify the existing and proposed right-of-way for the external roadways. All additional right-of-way requirements will be dedicated by the final plat in which the road is included within. A typical cross-section for WCR 11 is included on sheet 20. The proposed section for WCR 11 follows the MUD cross-section for an Urban 2-lane Collector. CR 11 is gravel and maintained by Mead adjacent to this development. The applicant shall coordinate with Mead concerning respective roadway improvements meeting MUD criterion. Of special concern are access points and any signalization requirements at intersections. Response: The Town of Mead has not been willing to meet with us concerning the St. Vrain Lakes development. Access points and signalization requirements have been defined in the Traffic Impact Study prepared by LSC Transportation Consultants, Inc. At the final plat stage for all phases of development the county will require road improvements agreements and collateral according to County policy. Response: We concur with your comment. All offsite road improvements required by the development shall be shown on a plan map, with consideration for probable phases, to accommodate the proposed development's traffic generation. Since Public Works does not know when the future final plan (phases) application will be submitted or the extent of the proposed development, future roadway improvements shall be identified based on traffic thresholds and approved by the Board of County Commissioners(BOCC)prior to recording any final plat. Weld County Public Works Peter Scher, P.E. November 28, 2005 Page 7 Response: A road improvement-phasing table has been added to sheet 2 of the PUD plan set. All traffic related comments will be addressed under a separate letter and revised traffic study by LSC Transportation Consultants, Inc. and will be forthcoming. The applicant's engineer shall agree to coordinate future local / collector roadway connections through the proposed development and consider interconnectivity of all modes of travel in the immediate area (e.g. trails, bikes, etc.) at the final plan stage for each development phase. Connectivity of roadway systems reduces trip lengths between neighborhoods and helps reduce traffic congestion. Neighborhood centers are intended to provide community services for residents within the MUD area. Alternative means of transportation and opportunities for those who seek to walk or ride their bicycles should be provided to connect community facilities and employment centers. Response: We agree with your comment concerning connectivity and anticipate that County staff will review and comment on this during each final plat process of the development. The applicant will be required to work with appropriate emergency response jurisdictions (especially law enforcement and fire protection) for approval of the proposed roadway system and minimum design standards prior to recording any final plat for each development phase. Response: We anticipate that each final plat submitted for the development will be referred to the appropriate review agencies by County staff. We will coordinate directly with each of these agencies during each of the final plat submittals. Internal Roadways: The tremendous scope of this proposal greatly exceeds Weld County's ability to serve and maintain internal roadway infrastructure. The County recommends that a metro-district be formed to handle all internal roadways and any related issues for St Vrain Lakes PUD. The applicant has submitted a Memorandum of Understanding. Response: We look forward to receiving your review comments related to the previously submitted Memorandum of Understanding. Public Works has reviewed drawings titled: Detailed Change of Zone Plan for St Vrain Lakes PUD dated August 2005, by DTJ Design, Inc. The Street Cross— Sections (Sheet 20)shall accurately indicate where the Link Street, Residential Local Street, and Alley cross-sections will be utilized for the proposed development This may be best shown on a plan map that dimensions rights-of-way and includes a label of the proposed roadway cross-section to be utilized for the PUD. Any roundabouts proposed shall also be shown, including road rights-of-way clearly depicted, dimensioned and labeled. A plan map and revised Street Cross— Sections (Sheet 20) shall be submitted to Public Works prior to scheduling the Board of County Commissioners hearing. Response: The neighborhood link streets are labeled on the Phase Plan Map (sheet 2). Weld County Public Works Peter Schei, P.E. November 28, 2005 Page 8 We have added Street Right-of-Way drawings (plan maps) as sheets 23 and 24. These drawings identify the proposed right-of-way for the external roadways, as well as for the typical internal link/local street network. The location/use of private alleys are dependent upon builder product and will be provided at time of final plat. However, an alley cross- section has been provided on sheet 20. Typical cross-sections for the Local Neighborhood Link and Local Residential streets are also included on sheet 20. Typical details for one-lane and two-lane roundabouts have been added to sheet 23. The proposed development property lies within the MUD; therefore Public Works recommends that all internal roadway improvements shall meet Weld County MUD criteria /standards fora PUD(typically CDOT and AASHTO). In general, the applicant has proposed to build public roads that differ from County standards, since the proposed road cross sections submitted with the zone change materials do not match the MUD standards. A letter seeking any variance to County internal roadway standards was not provided in the application materials. Response: A variance request letter, prepared by LSC Transportation Consultants, Inc. dated December 2, 2005, is attached. We are requesting alternate road sections for local residential streets and cul-de-sacs. We have reviewed our proposed alternate road sections with the Mountain View Fire District, who is providing a letter of support for our proposal. The letter is forthcoming and will be provided to the County staff prior to the planning commission hearing. The applicant shall request a variance from the Planning Commission and Board of County Commissioners at the Change of Zone Hearings for any deviation from County standards of internal roadways. Response: The variance request will be presented to the Planning Commission and Board of County Commissioners at the Change of Zone hearings. Weld County will not maintain median areas proposed for internal roadways. Response: Yes, that is our understanding. The internal local road right-of-way shall be sixty (60) feet in width including cul-de-sacs with a sixty-five (65) foot radius, and dedicated to the public. The typical roadway section of interior roadway shall be shown as two 12-foot paved lanes with 8-foot paved parking lanes on the Change of Zone plat (the final traffic impact study shall also be reviewed for interior roadway cross-sections). The cul-de-sac edge of pavement radius shall be fifty (50) feet. The MUD criteria require curb, gutter and sidewalk. Response: Based on our requested variance to the local residential street and cul-de- sac section, the local roads are proposed to have a sixty-foot right-of-way with 10-foot paved lanes and 6-foot paved parking lanes. Cul-de-sacs are proposed to have a right- of-way radius of 50-feet with a flowline radius of 36-feet. Any internal collector road right-of-way shall be eighty (80) feet in width and dedicated to the public. The typical roadway section of interior roadway shall be shown as two 12-foot Weld County Public Works Peter Schei, P.E. November 28, 2005 Page 9 paved lanes (with turn lanes as needed) with 6-foot bike lanes on the Change of Zone plat (the final traffic impact study shall also be reviewed for interior roadway cross-sections). The MUD criteria require curb, gutter and sidewalk. Response: The Local Neighborhood Link section serves as a modified collector and is proposed to have a 90-foot right-of-way, including a 12-foot paved lane, 6-foot bike lane, and 8-foot parking area for each half of the road. A 10-foot median area is also proposed. Turn lanes will be added as needed at arterial intersections. Easements shall be shown on the final plat for each development phase in accordance with County standards (Sec.24-7-60)and/or Utility Board recommendations. Response: We concur with your comment and will provide all necessary easements at time of final plat for each development phase. Intersection sight distance triangles at all development entrances and intersections will be required. All landscaping within the triangles must be less than 3'A feet in height at maturity, and noted on the final roadway plans for each development phase. Response: We concur with your comment and will provide all necessary sight triangles at time of final plat for each development phase. The applicant shall submit to Public Works stamped, signed and dated final plat drawings and roadway/construction & grading plan drawings for review & approval with the final plan application for each development phase. Construction details must be included. Stop signs and street name signs will be required at all intersections and shown on a signing plan on final roadway plans for each development phase. The current edition of the Manual on Uniform Traffic Control Devices (MUTCD) shall govern the signing plan. Response: We concur with your comment and will provide all required plans, details and documents at time of final plat for each development phase. Stop signs and street name signs will be identified on signage plans that will be included with construction plans for each final plat development phase. It is anticipated that there may be multiple filings within an overall development phase. The applicant shall submit signed Improvements Agreements According to Policy Regarding Collateral for (on-site) Improvements with the final plan application for each development phase. These agreements must be reviewed by Public Works and shall be approved by the Board of County Commissioners (BOCC) prior to recording any final plat for each phase. Response: We concur with your comment and will provide signed Improvement Agreements in accordance with County requirements at time of final plat for each development phase. Geotechnical/Pavement The applicant has provided a pavement design in the Preliminary Geotechnical Engineering Report— Proposed Mixed-Use Development, Carma Weld County Site, Weld County Road 30 (Highway 66) and Interstate 25 - Weld County, Colorado, dated May 26, Weld County Public Works Peter Schei, P.E. November 28, 2005 Page 10 2004, by Terracon(Terracon Project No. 25045122). Weld County does not recommend or accept full-depth asphalt as a paving option / alternative. Soil borings and analyses were not prepared for the future road alignments. The applicant shall prepare a final geotechnical/pavement design report prepared by a professional engineer submitted with the final plan materials for each development phase. This report may be prepared after overlot grading and utility installation has been completed. The report must evaluate sub-grade soils associated with construction of the roadways. Final recommendations for pavement and base course thicknesses shall be included in the report. Response: All geotechnical related comments are addressed in a letter prepared by Terracon Consulting Engineers and Scientists dated November 29, 2005. A copy of the letter is attached for your use and review. Storm Drainage: The applicant must address the CLOMR related to this development site and the sewer (pipe)project proposed to extend across the parcel(s). Response: The sewer pipe project that is proposed to extend across this property is a St. Vrain Sanitation District project to support developments within the district that are being developed west of Interstate 25. It is our understanding that the proposed sewer alignment and related grading lie outside of the 100-year floodplain as established in the Conditional Letter of Map Revision (CLOMR) for Siegrist Riverdance prepared by Tuttle Applegate, Inc. dated December 1999. However, this design and information is being developed by Tetra Tech RMC Engineers for the St. Vrain Sanitation District. We are not involved in the project with the exception of reviewing their proposal and making recommendations to the property owner related to the granting of easements. Public Works has reviewed drawings titled: Detailed Change of Zone Plan for St. Vrain Lakes PUD dated August 2005, by DTJ Design, Inc. There were no plan maps submitted with sufficient detail to explain stormwater / drainage /grading / erosion control as required by Weld County CODE. Additional stormwater/drainage/grading/erosion control and topography plan maps shall be submitted to Public Works with sufficient detail prior to scheduling the Board of County Commissioners Change of Zone hearing. Response: We have revised the Master Drainage and Storm Water Management Guide to include detailed drainage basin maps for the onsite and offsite sub-basins. We have also included an overall Storm Water Management Plan (erosion control phasing map). Weld County will not maintain drainage easements / stormwater detention ponds / Weld County Public Works Peter Schei, P.E. November 28, 2005 Page 11 landscaped swales/related areas. Response: We anticipate the community metropolitan district will maintain these facilities. However, easements will be created and granted to the County at time of final plat. This PUD is adjacent to or in close proximity to other proposed development(s) and must collaborate and coordinate drainage of the vicinity region. It is important to understand the existing drainage of the area(s) and incorporate in an engineering manner the proposed drainage with-respect-to development of the land(s). Public Works intends to preserve the safety of development in this vicinity as a whole without unanticipated surprises amounting to an isolated parcel drainage perspective. An adjacent proposed development may impact St Vrain Lakes in a manner it was not anticipating or vice-versa. A conservative approach now may prove beneficial to future homeowners. The applicant is best served by the expertise of the Department of Planning, when investigating what are the proposed developments of the area. Response: We have recently met with several of the engineering consultants representing adjacent property owners/developments and have incorporated their drainage patterns into our study. The Master Drainage Study anticipates 100-year historic runoff for all upstream offsite areas. The St. Vrain Lakes development will detain and release onsite developed flows at 5-year historic rates. The Preliminary Geotechnical Engineering Report — Proposed Mixed-Use Development, Carma Weld County Site, Weld County Road 30 (Highway 66) and Interstate 25 - Weld County. Colorado, dated May 26, 2004, by Terracon (Terracon Project No. 25045122), addressing groundwater conditions, is satisfactory. A cursory review indicated groundwater was encountered during the geotechnical investigation. Areas of the proposed site may not feasibly allow full-depth basement construction, thereby influencing the development plan layout. The applicant shall address potential groundwater / full-depth basement construction issues prior to scheduling the Change of Zone hearing before the Board of County Commissioners. Mitigation measures shall be detailed by the applicant at the time of final plat application for each phase. The amount and depth of the borings is appropriate for this large site. Ground water was encountered in nearly all of the 32 borings. The average depth to ground water was about 12 feet, ranges from 6 to 20 feet below ground surface(bgs). Public Works noted mostly lean clay and shales in the sample descriptions although there are some sandy layers that appear approximately 5 feet bgs across the site. The sandy layers are the sources of seeps along the St. Vrain cut bank(south edge of the St Vrain Lakes PUD site). The seeps support some wetlands (numbers 6, 7, and 8 in the ERO study). Given the depth of the groundwater over most of the site, Public Works believes that most of their proposed construction areas are constructible. The depth of the sanitary sewer lines may intersect the ground water in some portions of the site so trench Weld County Public Works Peter Schei, P.E. November 28, 2005 Page 12 blockers may be needed (in-trench plugs to prevent the sewer line's trenches from becoming rapid conduits for the ground water, discharging to the St. Vrain cut bank area). Detailed grading design and locations of services (manholes, sewer lines etc.) may reveal additional concerns/requirements. Response: All geotechnical related comments are addressed in a letter prepared by Terracon Consulting Engineers and Scientists dated November 29, 2005. A copy of the letter is attached for your use and review. The Master Drainage Report and Storm Water Management Guide for St. Vrain Lakes PUD Development, July 01, 2005, by Carroll & Lange, Inc. (JN: 3075) sealed by Fred G. Tafoya Ill, P.E. (#30446) is generally not acceptable for this change of zone application and must include basic core provisions addressing storm drainage requirements described in the Weld County CODE (Sec. 24-7-110, 120, & 130). A revised drainage report shall be submitted to Public Works prior to scheduling a Board of County Commissioners' Change of Zone hearing. A one-mile outer limit of the proposed PUD shall be shown on a revised vicinity drainage map to be submitted to Public Works prior to scheduling the Board of County Commissioners hearing. Response: We have revised the Master Drainage Study based on the Public Works comments, as well as from information/clarification obtained in a meeting with the County Public Works staff on November 22, 2005. The initial study was prepared with the intent of defining major drainage basins, onsite and offsite drainage patterns, and regional detention basin requirements. The revised drainage study includes a one-mile outer limit of the PUD area as requested. The St Vrain Lakes PUD project drainage report submitted to Public Works is incomplete. Sufficient information to evaluate the proposed project was not included. For a Change of Zone request, their drainage reports should provide us with a significant amount of detail(per Weld Code- Chapter 8, Article 7, Chapter 23 Article 3, and Chapter 24 Article 7-130). For this level of review Public Works expects to see the details of detention sizing, pipe sizing, swale design (especially relative to adjacent dwellings), street inundation limits, inlet capacities, and other drainage details for a safe and workable design (See Chapter 24, Article 7). A big project like this typically has a NEC or SWMM model, not just Rational Method. Response: The initial drainage study included detention basin sizing. However detailed pipe sizing, swale design, street inundation limits and inlet capacities were intended to be provided at final plat stage. Based on our meeting with Public Works, we have provided basis street capacity calculations, conceptual trunk storm sewer alignments and preliminary drainage swale sizing calculations. Your comment related to the use of HEC or SWMM rather than the Rational Method is confusing, as the initial report solely utilized the Urban Drainage and Flood Control District UDSWMM software for the analysis of the drainage basins. The rational method was not used in the study. Please clarify your comment. Weld County Public Works Peter Schei, P.E. November 28, 2005 Page 13 Also this project falls within the 1-25 - MUD area so those criteria apply (See Chapter 22, Chapter 26, Article 2— 50, and Chapter 8, Article 7). From our past meeting with the St Vrain Lakes PUD applicant, Public Works saw that this site discharges at least some water directly to the St Vrain River. With a full build-out with the number of proposed dwellings (over 5000?); the St. Vrain Lakes PUD project itself will easily be a standalone MS4 (over 10,000 residents). So, to meet Federal NPDES Phase Il regulations, St Vrain Lakes PUD will need to provide some water quality "treatment" for their storm water discharges prior to discharge to the river(discharges through their wholly owned ponds are not an issue as long as there is capacity to clip off the hydrograph peak- something the applicant should also show to be viable at this stage of the review. At this stage, the plans should show the location and capabilities of the water quality features— doing so will speed the process at final plat. The Federal NPDES Phase II program is administered by the state of Colorado - See http://www.cdphe.state.co.us/wq/PermitsUnit/ms4quide.pdf for a start on what is required. Colorado's Construction Stormwater discharge permits will also apply to a project like this. In order to properly review the drainage report for the St. Vrain Lakes PUD project, Public Works will need: Response: The Master Drainage Report and Storm Water Management Guide provides information related to the developments intentions regarding water quality treatment, as well as best management practices (BMP's) that will be utilized during construction related activities. In general, water quality treatment will be provided within each storm water detention basin. The basins that drain to the existing lakes will be treated in advance of the lake by means of a hydrodynamic water quality vault system. r Each construction phase of the project will be required to develop a site specific Storm Water Management Plan (SWMP) at final plat. A storm water discharge permit will be required for the development and will be obtained by the developer prior to construction activities. As homebuilders purchase developed lots and construct homes, they will be responsible to obtain a separate storm water discharge permit for their construction activities. The overall developer permit will be amended periodically to remove these areas purchased by the homebuilders. Grading plans (detailed scale sufficient to see proposed finished floor elevations, minimum 2-foot contours, channels and swales) - so the plans should likely be at 1":200'scale or better. Response: Based on our meeting with the public works staff, finished floor elevations will not be required until the final plat stage. It was also agreed at the meeting that 5-foot contour interval topography would be suitable for review at this stage. Additional plan maps have been added to the drainage report to include the 5-foot topography. Maps showing offsite topography and channel constraints for all contributing areas to the north (for flows coming into their site). This preliminary report needs to have enough detail about how they will handle the very large amount of offsite flows that will be moving through their site (the area to the north may eventually be developed and Public Works would require those releases to be at 5-year historical UNDEVELOPED discharge rates (i.e. with detention) but they are currently NOT detained so potentially offsite 100-year flows would flow to St. Vrain Lakes PUD. A quick look at the topo maps show a large (multiple square miles) area extending all the way to Mulligan Reservoir on the west side of the Interstate that historically Weld County Public Works Peter Schei, P.E. November 28, 2005 Page 14 drained through this St. Vrain site. Public Works will need to verify that the Interstate does capture those west side flows and take them down on the west side OR explain how the flows get under the Interstate and then to the river on the east side (presumably through St. Vrain Lakes PUD). Public Works also needs to see similar exhibits for the offsite areas to the east and west (knowledge of flows from these were discussed at our last meeting with the St. Vrain Lakes PUD people). Response: The drainage study maps include topographic mapping for all areas contained within the offsite drainage basins. The drainage study was prepared to anticipate 100-year historic flows from offsite basins that are upstream from the development. Based on additional field review, the drainage maps were revised to include an area of land that lies west of Interstate 25, near the intersection of State Highway 66. This small offsite basin appears to drain into the CDOT highway drainage system, where it discharges east of the frontage road and south of State Highway 66. Detention basins are to be provided at each of the major historic outfall locations from the PUD property. The exhibits need to show what flows to and from the site for the north-south roads, that sufficient capacity exists—this was a concern on their east side. Response: The capacity of the existing external roads has been provided within the revised drainage study. Storm sewer and inlets will be analyzed in detail during the final plat stage and will be provided where capacity does not exist for the external swales. Public Works also discussed the need to have easements to pass concentrated discharge flows across adjacent properties — the plans should show all easements, top width with appropriate freeboard, how constructed, erosion protection, etc. Response: Easement areas have been identified on the plan where offsite flows enter adjacent properties. However, many of the sites discharge points occur directly to the St. Vrain River within the PUD property boundary. Public Works needs to review exhibits showing construction-phase and post- construction-phase erosion control. For a very large phased project like this, these are essential to ensure no downstream and east side impacts and prevention of sedimentation in the ponds (capacity loss), and to Highway 66 at the project north exit. The erosion control plans would be part of meeting the NPDES and Colorado's Construction Storm water discharge permit anyway. Response: We have added a Master Storm Water Management Plan to the report that identifies the conceptual locations of sediment basins on a phase basis. The final location of erosion control facilities will be defined in the Storm Water Management Plans (SWMP) that will be prepared during the final plat stage of each development phase. The report narrative text also includes in depth discussion concerning SWMP requirements and use of BMP's. Design details and preliminary pollutant reduction calculations for the water quality treatment (the Urban Drainage Criteria Manual has a lot of support, methods for these). Weld County Public Works Peter Schei, P.E. November 28, 2005 Page 15 Response: We have provided water quality-capture volume requirements in the drainage report based on Urban Drainage and Flood Control criteria. The draft of the Change of Zone report for the St. Vrain Lakes PUD project that Public Works reviewed (without plans or exhibits) had apparently described releases of the 100- year developed flows at the 100-year historic rates. That is not a correct approach. Weld County detention release criteria specify that the development must detain the 100-year developed runoff and release it at the historical (undeveloped) 5-year rates. Undetained flows from offsite can be passed through undetained of course the St. Vrain Lakes PUD project will have to pass through those flows in a designed channel that safely conveys those flows to the outfall. If St. Vrain Lakes PUD chooses to, those offsite flows can go through the St. Vrain Lakes PUD ponds, but St. Vrain Lakes' developed areas will need to be detained and released at the 5-year historical rate as described above. Also the street capacities need to keep water depths at 6 inches or less for the minor storm (10-year developed case) and 18 inches or less for the 100-year event. The 18-inch maximum depth in the streets must of course not cause flooding of any structures. Response: The Master Drainage Study anticipates 100-year historic runoff for all upstream offsite areas. The onsite developed runoff will be detained and released at the 5-year historic rate. Preliminary street capacity calculations have been included in the revised drainage study. However, street capacity and storm sewer facility sizing will be determined at time of final plat, once street profile design has been determined. The St. Vrain Lakes PUD project shall specify the 5-year storm design for residential areas, the 10-year storm for designs in commercial and public facility (schools) settings, and detention of those events with the 100 year event RELEASED at the 5-year historic (undeveloped) rate(per Weld County CODE Chapter 24,Article 7). Response: Yes, that is our understanding of the code. Based on our November meeting with Public Works staff, the UDFCD criteria will be utilized to supplement the Weld County Code where specific criteria requirements are lacking. A final drainage plan for each final plat (development phase) application shall be submitted stamped, signed and dated by a professional engineer licensed in the State of Colorado. The final drainage report shall include a flood hazard review documenting any FEMA defined floodways. The engineer shall reference the specific map panel number, including date. The development site shall be located on the copy of the FEMA map. Each final drainage plan must address any existing St. Vrain Lakes PUD development with respect to the proposed development and downstream mitigation requirements. The engineer shall submit a detailed overall (final) drainage plan with the final plat application materials, to include a phase one drainage plan. Public works shall approve the overall/final drainage report prior to recording any final plat. Subsequent phases must show how they incorporate stormwater flows into the overall plan. If necessary, as-built information may be required to update the hydraulic models. Weld County Public Works Peter Scher, P.E. November 28, 2005 Page 16 Response: Yes, each final plat submittal will include a final drainage report and plan and construction plans in accordance with the standard requirements of Weld County Code. Early development phases may require improvements and construction of downstream mitigation infrastructure external to the phase in consideration. Response: Yes, each final plat submittal must demonstrate the effective mitigation of developed runoff and the appropriate downstream improvements necessary to support the final plat area. In addition, drainage coordination may be necessary between Weld County, City of Longmont, CDOT, ditch companies, and/or the railroad. Response: We anticipate that each of these review agencies will be included in the referral of each final plat area. Public Works noticed that, per the 1-25 - MUD requirements, St. Vrain Lakes PUD has required setbacks on Highway 66 - these may provide sufficient channel to carry the offsite flows but adequate information has not been received in the application materials received thus far. Response: The runoff from State Highway 66 is anticipated to be intercepted via storm sewer within the proposed phase 4 area of the development, where it will be routed to the planned detention pond along the eastern edge of the property at WCR 13. The St. Vrain Lakes PUD project, while in the 1-25-MUD area, lies north of the St. Vrain River and so is not covered by the South Weld 1-25 Corridor Master drainage Plan (Anderson Consulting, Sept. 1999). Response: Yes, that has been documented in the Drainage Study. Public Works has reviewed the wetlands study performed by ERO for the St. Vrain Lakes PUD project. The study is typical of the type done for similar projects. ERO identified 12 wetlands on the site, 7 are likely jurisdictional(so any modifications would require a COE 404 permit. Some of the others are isolated wetlands associated with stock ponds and irrigation facilities and so will likely go away when site grading occurs and irrigation ceases. Although not part of our official drainage review, how their construction plans (grading and paving) effect these wetland areas cannot be determined at this time. Additional comments may arise, when the detailed plans are submitted to Public Works. Response: As we progress toward the development of our first final plat package and supporting documents, a wetland permit will be applied for concerning wetland impacts and mitigation. We have provided a copy of the corps acknowledgement letter concerning which areas contain jurisdictional wetlands. The engineer shall include in a final drainage report detailing road overtopping issues by storm water and incorporate this consideration into the final design to be submitted with Weld County Public Works Peter Schei, P.E. November 28, 2005 Page 17 the final plat application materials. Response: This information will be detailed and included in each final plat application. Arterial roadways require two lanes of travel open in a major event (one in each direction) with no curb overtopping (Urban Drainage, Vol. 1, Section 2.2). Here, Weld County defines the "major"event as the 50-yr storm and the "minor"event as the 10- yr storm. However, this standard was intended for more rural subdivision development. It is prudent to examine the 100-yr event to determine affects on the arterial road system. This may require improvements to existing culvert crossings. The interior collector should allow for one lane of travel open in a major storm event with no curb overtopping. Response: Street capacity will be analyzed in each final plat phase in accordance with the understanding/requirements outlined in a memorandum/email from Peter Schei and David Bauer on November 28, 2005. The applicant shall prepare a construction detail for typical lot grading with respect to drainage for the final plan application. Front, rear and side slopes around building envelopes must be addressed. In addition, drainage for rear and side lot line swales shall be considered. Building envelopes must be planned to avoid storm water flows, while taking into account adjacent drainage mitigation. Response: We have included a detail of typical front draining and split draining type lot grading. These items will be detailed on Area Grading Plans at time of final plat. Final drainage construction and erosion control plans (conforming to the drainage report) stamped, signed and dated by a professional engineer licensed in the State of Colorado shall be submitted with each final plan (phase) application. These plans (stormwater management plans)maybe based on Urban Drainage methodology. Response: This information will be detailed and included in each final plat application. Please let us know if you have any additional questions or comments. We look forward to working with you as we progress through the Planning Commission and Board of County Commissioner hearings. ge c. d G. Tafoya Ill, E Engineering Manager me cc: E/R Page 1 of 1 Kim Ogle From: Tyler Packard [TPACKARD@carma.ca] 1: Monday, October 03, 2005 5:05 PM To: Pessin, Scott; pschei@weld.co.us Cc: Kim Ogle Subject: RE: Peter, I just wanted to write you to provide an update on this information. There was a miscommunication on our end with regards to getting additional copies of the MOU submitted to you and hopefully that is resolved. As we mentioned before, we have been coordinating with Mead and and CDOT and we are working on getting a letter from both of them as soon as possible. We were hoping to better understand the other two issues (off site improvements agreement and the improvements agreement for collateral)and resolve them in the meeting that we have scheduled on the 14th, since both of those items will require interaction with the County. I hope that this is acceptable for now and I would like to apologize again for the delay. I attempted to call you but your voice mailbox is full. Perhaps you could give me a call in the morning to discuss this further if needed. My direct line is (303)790-6590. Thank you, Tyler Packard Original Message From: Pessin, Scott [mailto:spessin@dtjdesign.com] Sent: Monday, October 03, 2005 4:34 PM To: pschei@weld.co.us Cc: Tyler Packard; kogle@co.weld.co.us Subject: FW: Peter, Please find a copy of the MOU that was submitted with the Change of Zone to Kim Ogle almost 3 weeks ago as requested. The other items mentioned have been addressed in a previous email that I will forward again to you. Please feel free to email me back or call me or Tyler Packard at Carma (303)706 - 9451 if there are still some questions that you might have. Thanks again for your help in moving this submittal along with out any further delays. Sincerely, Scott Pessin ASLA Associate Downing Thorpe James 1881 Ninth Street Boulder , CO 80301 Ste 103 (303)443-7533 10/04/2005 Treasurer's TO Search Res, Age Page 1 of 1 l.ai ct—._:Iii-;;`i iii + Homy Services i Departmetitt, ii Montt Yield li Property fntormatfon l tonta. Home > Qepartments > Treasurer's Office > Tax Search > Tax Search Results Tax Search Details Information for tax year: 2004 payable in 2005 Property Information Owner Name: Lelj R Family Limited Partnership Address: 5527 28 CR City: weld Account R4766486 Number: Parcel Number: 120725000020 Legal address: 25600 sea 25 3 68 exc beg e4 cor of sec thence w514' s450' e514' to e In of sec n450' to beg exc og&m (2,67r) sltus: 5527 28 cr weld 00000 Value Information Actual Land Value $65,049.00 Assessed Land Value $18,860.00 — Actual Improved Value $141,395.00 Assessed Improved Value$11,840.00 Actual Total Value $206,444.00 Assessed Total Value $30,700.00 Payment Information Total Tax Amount: $2,229.80 First Half Amount: $0.00 Second Half Amount: $0.00 SR. Exemption: $0.00 Pull Amount Paid: ($2,229.80) Current Balance: $0.00 I IF any of the foli; ovine fields are "YES" please contact the Treasurer's Office for more information, Tax Status Tax Liens: No Tax Area 2309 Prior Taxes Due: No Senior Homestead Exemption: No 'Special Improvement Tax: No Mill Levy 72.632 r Database Last Updated at: 02:36 AM on September 2, 2005 https://www.co.weld.co.usideparhuents/treasureritaxitax results cfm onnnns __ l 'd _L80 'ON VIOV0 V0L l l 500b '9 d3S Treasurer's Tax Search Rest ,?age Page lof 1 -Vc ftjriv- to _ r • , 4r t i rt Nome 5crvi rt. I Departments �, AL-out Weld Property fniurmaiicn Con ,n. Norrme > Departments > Treasurer's,Office > tax Search > Tax Search Results Tax Search Details Information for tax year: 2004 payable In 2005 Property Information Owner Name: Soricelli Nanci S Address: 5527 28 CR City: Longmont Account 111103299 Number: Parcel Number: 120725000020 25600 Imps only mh se4 25 3 68 wxf mobile/modular title: 03m745990 Legal Address: serial: 05127706 year: 1998 make: wxf size: 16x72 situs: 5527 28 cr b longmont 80501 Value Information Actual Land Value $0.00 Assessed Land Value $0.00 Actual Improved Value$32,696.00 Assessed Improved Value $2,600.00 Actual Total Value $32,696.00 Assessed Total Value $2,600.00 Payment Information Total Tax Amount $188.84 first Half Amount: $0.00 Second Half Amount: $0.00 SR. Exemption: $0.00 Full Amount Paid: ($185.84) Current Balance: $0.00 IF any of the following fields are "YES" please contact the Treasurer's Office for more information. Tax Status Tax Liens: No Tax Area 1313 Prior Taxes Due: No Senior Homestead Exemption: No Special Improvement Tax: No MITI Levy 72.632 Database Last Updated at: 02:36 AM on September 2, 2005 https://www.co.weld.co.u.s/depastments/treasurer/tax/tax resuults,cfm 0/7/1N1S E d L80d ON VIHV0 WVOb l l §OOZ 1 'd3S Report Date: 18-APR-2004 ly ' 004 08:16 Weld County Assessor i a c ° q 3 Coo AUTHENTICATION/CERTIFICATION-MANUFACTURED HOME TAX NO: 341 Account NO: M1103299 Parcel Nb: 120725000020 The undersigned certifies that under penally of perjury,the following information is true and correct to the best of his/her knowledge and that the manufactured home described will be moved by expiration date of! 04/16/2004 Movement N Title Change: Y Inter-County: New County: ORIGINAL Owner/Address: ORIGINAL Legal: SORICELLI NANCI S 25600 IMPS ONLY MN 5E4 25 3 5527$WCR 28 68 WXF LONGMONT CO 80501 98-0a27706 SITUS:5527(a)28 CR LONGMONT 80501 • NEW Owner/Address: NEW Legal: TITLE NO SERIAL NO YEAR MAKE/MODEL SIZE 03M745990 05L27706 1998 WXF 16X72 Signature /jm 4 1/452% - Mover Person signing is`Owner Agent`Mover Weld County Assessor I hereby certify that the Assessed Valuation on the above-described Manufactured home Is as follows: Assessed value: 2,600 Tax District 1313 Mill Levi Months taxes calculated:0 Prorated tax due as of certMcatlon date Is 0.00 through 04/16/2004 This AUTHENTICATION MUST ACCOMPANY ALL MOVING PERMITS. THE ORIGINAL MUST BE SUBMITTED WITH TRANSFER OF TITLE. Certification Date:04/16/2004 • Signature of County Assessor or Deputy • Weld County Treasurer Certificate/Permit Fee Due Paid 2003 Taxes prorated 10.00 Priory00 Curren YeaYear Taxes = Prior Year Taxes Total Due I hereby certify that all ad valorem taxes due this county Home have been paid through the currentyear,Including prorableated to the above described Manufactured 9 any prorated Date: q-'! IP -0,4.17/�[� Sign of ryTr su+ V rsr epup,p __ V 'd_ L80Z 'ON V? V0 O06: l l S006 '9 'd3S Treasurer's Tax Search Res. ?ago Page 1 of lulu 117,r I ; - _ Ji f ' Home I Services I Departments II About Weld j ?roperty;nformatron I: Conta. Home > peRa..+:+Ad1Cs > Treasurer's Office > Tax Search > Tax Search Results Tax Search Details Information for tax year: 2004 playable in 2005 Property Information Owner Name: Wagner Family Farm Up Address: City: Weld County, CO Account Number: R1192996 Parcel Number: 120725100003 I Legal Address: n2 ne4 25-3-68 (2.72r) Value Information Actual Land Value $32,09.00 Assessed Land Value $9,300.00 Actual Improved Value $0.00 Assessed Improved Value$0.00 Actual Total Value $32,059.00 Assessed Total Value $9,300.00 Payment Information Total Tax Amount: $675.48 First Half Amount: $0.00 Second Half Amount: $0.00 SR. exemption: $0.00 Full Amount Paid: ($675.48) Current Balance: $0.00 Iany of the following fields are "YES" please contact the Treasurer's Office for more Information. Tax Status Tax Liens; No Tax Area 2309 Prior Taxes Due: No Senior Homestead Exemption: No Special Improvement Tax: No Mill Levy 72.632 Database Last Updated at: 02:36 AM on September 2, 2005 https://www.cu.weld.eo.usidepartmentaftreasurer/tathax reaults.cfm °MMnne _ _S 'd L80b 'ON MVO WVId ll §006 '9 'd3S y Treasures Tax Search Real._. Iage u+a Page 1 of 1 Home Det. r 7 ome- I Services p.�rtment, j About Weld I, Property fnforrnaHon ''I Cont .3 Home > Departments > Trea;liver's Office > Tax Search > Tax Search Results Tax Search Details Information for tax year: 2004 payable in 2005 Property Information Owner Name: Wagner Family Farm Llp I Address: City: Weld County, CO Account Number: R1192896 Parcel Number: 120725100002 Legal Address: pt ne4 25-3-68 lot b rec exempt re-1840 (.47r) Value Information Actual Land Value $19,191.00 Assessed Land Value $5,740.00 Actual improved Value $0.00 Assessed Improved Value$0.00 Actual Total Value $19,791.00 Assessed Total Value $5,740.00 Payment Information I Total Tax Amount: $416.92 First Half Amount: $0.00 Second Half Amount: $0.00 SR. Exemption: $0.00 Full Amount Paid: ($416.92) I Current Balance: $0.00 IF any of the following fields are "YES" please contact the Treasurer's Office for more information. Tax status Tax Liens: No Tax Area Prior Taxes Due; 2309 No Senior Homestead Exemption: No Special Improvement Tax: No Mill Levy 72.632 Database Last Updated at: 02:36 AM on September 2, 2005 httpaltank!w.co IvArri pruu departmentshrcasuramajtax remilts.c� 9 d L80b 'ON MVO WVId ll §99b '9 'd3S YAM-Al. AO 0014/015 M arket Pro -Individual Property Pee. ption County: WELD IA C wnership&Legal C wrier:. WAGNER FAMILY FARM LLP idress: 0 NONE SHOWN LONGMONT 80504 Map Page:R-68 TS-3N Sec-25NE V ail: 13800 WELD CO RD 11 LONGMONT CO 80504-9856 Tax ID: 1192896 Property ID; 1207-25.1.00-002 Census Tract;0.00 L :gat PT NE4 25-3$8 LOT B REC EXEMPT RE-1840(.47R) V tluation &Sales History A sassed Value: Total:320,533 Improved: 30 Land: $20,533 P rat Sales: Taxes: $439 P operty Characteristics S.yle: VACANT LAND UNKNOWN Bldg Area: 0 Garage: NONE 0 SgFI B Mt: N/A Exterior: N/A Bsmt: 0 SqFt 0 %fin B''dmts: 0 Land: 46.63 Acres Root N/A F.Baths: 0 Fndation: N/A Heat: N/A-N/A P.Baths: 0 Fireplace: Rooms: 00 Rl icent Sales Ni i Recent Sales Shown for this Property ..o malon Advantage, Inc. 5401 S.Prince,Littleton.CO 80120 (303)795-1904 Pro,party Information is considered reliable but not guaranteed. _ L 'd L8OZ 'ON VAdV0 AV1l I l S006 '9 'd3S "-� '- """"""' 14]010/012 Treasurer'a Tax Search Res. Page Page 1 of 1 T ( 7;:f.r.IC V;it' 'Yo ( s ` :,r .m Tr, -,, i allifiallagingraill -- l' ) -r,wV , e.{..L-,.-'...r?-1 Home I? Services i,? Departments II Alma:Weld Ij Property Infarroation ' Conta. Home > geoartments > Treasurer's Office > Tax Search > Tax Search Results Tax Search Details r Information for taxyear: 2004 payable In 2005 Property Information Owner Name: Ford Byron M &Shirley A Address: 13545 13 CR City: Longmont Account Number: R1192696 Parcel Number: 120725100001 Legal Address: pt ne4 25-3-68 lot a rec exempt re-184O (.43r) situs: 13545 13 a longmont 80504 Value Information 1 Actual Land Value $14,225,00 Assessed Land Value $4,130.00 Actual Improved Value$276,325.00 Assessed Improved Value $22,540.00 Actual Total Value $290,550.00 Assessed Total Value $26,670.00 Payment Information Total Tax Amount: $1,937.08 First Half Amount: ($968.54) Second Ha If Amount ($968.54) SR. Exemption: $0.00 Full Amount Paid. $0.00 Current Balance: $0.00 IF any of the following fields are "YES" please contact the Treasurer's Office for more Information, Tax Status Tax Liens: No Tax Area 2309 Prior Taxes Due: No Senior Homestead Exemption: No Special Improvement Tax: No Mill Levy 72.632 Database Last Updated at: 02:36 AM on September 2, 2005 laps://www_ao_weld.co.usidepotlments/treasurer/tax/taxresults.cfm onnnnc — — _8 'd_. L80b 'ON VWaV3 WVIZ ' l l S00b •9 d3S - '---" - ^ Uli/VIC Treasurer's Tax Search Rest }age Page 1 of 1 sit C/ iTc .irr i_ li Services ii lcpartments fl About Weld I Pruporty Information r Carta. Homo > Debarments > Treasurer's Office > Tax—Search > Tax Search Results Tax Search Details Information for taxyear: 2004 payable In 2005 Property Information Owner Name: Hamlin Gerald D &Kathryn Address: 5198 28 CR City: Weld Account Number: R0031993 Parcel Number: 120736000056 Legal Address: e2nw4/nw4nw4 36-3-68 lot b amd rec exempt re-1140 (1.41r) situs: 5198 28 cr weld 00000 a Value Information Actual Land Value $49,305.00 Assessed Land Value $14,300.00 Actual Improved Value$156,431.00 Assessed Improved Value $14,310.00 Actual Total Value $205,736.00 Assessed Total Value $28,610,00 Payment Information Total Tax Amount: $2,203.92 First Half Amount: $0.00 Second Half Amount: $0.00 SR. Exemption: $0.00 Full Amount Paid: ($2,203.92) Current Balance: $0.00 IF any of the following fields are "YES" please contact the Treasurer's Office for more information, Tax Status Tax Liens: No Tax Area 2335 Prior Taxes Due: No Senior Homestead Exemption: No special Improvement Tax: No Mill Levy 77.033 Database Last Updated at: 02:36 AM on September 2, 2005 https://www,co.weaco.us/departments/aeasurer/tax/tax results.cfm ermAns _. 6 d L80b 'ON VVAVO WVld : ll SOOT '9 'd3S UJU11/U1b Treasurer's Tax Search Resu:.Wage Page 1 of 1 a1r ,,4'O1ytt. �..7 1-::': ° i fr O r. Hanle 'I Servicts Departments I{ About Weld I. Property information {, Conte. Neme > Departments > Treasurer's Office > Tax Search > Tax Search Results Tax Search Details Information for tax year: 2004 payable In 200S E Property Information Owner Name: Rademacher Farms Ltd Liability Co Address: 13322 11 CR City: Weld Account Number: 84765886 Parcel Number: 120725000006 Legal Address: 25601 sw4 25 3 68 (4r1d) %13322 wcr 11% sltus: 13322 11 cr weld 00000 Value Information Actual Land Value $74,936.00 Assessed Land Value $21,740.00 Actual Improved Value$117,316.00 Assessed Improved Value $11,370.00 Actual Total Value $192,252.00 Assessed Total Value $33,110.00 • Payment Information Total Tax Amount: $2,404.84 Interest on Pull Amount: $120.24 First Half Amount: $0.00 Interest on First Half: $84.17 Second Half Amount $0.00 SR. Exemption; $0.00 Full Amount Paid: $0.00 Current Balance: $2,525,08 Half Balance: $1,286.59 Full Balance: $2,525.08 IF any of the following fields are "YES" please contact the Treasurer's Office for more information. Tax Status Tax Liens: No Tax Area 2309 Prior Taxes Due: No Senior Homestead Exemption: No Special Improvement Tax; No Mill Levy 72.632 Database Last Updated at: 02:36 AM on September 2, 2005 https://www.00.welcLco.us/departurentshreasarer/tax/tax_resuits.ofm onnnnc _ Dl 'd. LBDZ '0N VINeM° INVZZ• II SOH '9 'd3S ^ - - - JULZ/Ulu Treasurer's Tax Search Rem.-gage Page 1 of I Hon% i Service, Department u .,, Property 1 Conta. i ii Ah ut Weld I Proper' :n Home > peoartments > Treasurer's Office > Tax Search > Tax Search Results Tax Search Details Information for tax year: 2004 payable in 2005 Property Information Owner Name: Rademacher Edward & Magdalen Living Tr Address: City: Weld County, CO Account M4765986 Number: Parcel Number: 120725000006 Legal Address: 25601 Imps only mh sw4 25 3 68 mbl home, title no: 03p240882 serial: gdmhks07806755 year: 1980 make: ha;size: 14x60 value Information Actual Land Value $0.00 Assessed Land Value $0.00 Actual Improved Value$10,000.00 Assessed Improved Value$800.00 Actual Total Value b10,000.00 Assessed Total Value $800.00 Payment Information Total Tax Amount: $58.12 First Half Amount: $0.00 Second Half Amount: $0.00 SR Exemption: $0.00 Full Amount Paid: ($58.12) iCurrent Balance: $0.00 IF any of the following fields are "YES" please contact the Treasurer's Office for more information, Tax Status Tax Liens: No Tax Area 1313 Prior Taxes Due: No Senior Homestead Exemption: No Special Improvement Tax: No Mill Levy 72.632 Database Last Updated at: 02:36 AM on September 2, 2005 https://www.co.weld.co.us/dcpattments/treaa:uer/tax/tax results•ctm onnnnc —_ _ l l d _L8od 'ON _ MVO wind l l SOH '9 'cl3S Treasurer's Tax Search Resu. age Page 1 of 1 T y ,7C2C -YI,L^ rLO { Home , Services I lacvirterieriti. ip Aboul Weld Property lnformatEen l Contd. J1pfns > D ents > Treasurers Office > Ted Search > Tax Search Results Tax Search Details Information for tax year: 2004 payable in 2005 Property Information Owner Name: Rademacher Farms Ltd Liability Co Address: City: Weld County, CO Account Number: W6675486 Parcel Number: 120725000006 Legal Address: 150af sw4 25 3 68 Value Information Actual Land Value $0.00 Assessed Land Value $0.00 Actual Improved Value$0.00 Assessed Improved Value$0,00 ACtual Total Value $0.00 Assessed Total Value $0.00 Payment Information Total Tax Amount: $225.00 Interest On Full Amount: $11.25 First Half Amount: $0.00 Interest on First Half: $7.88 Second Half Amount: $0.00 SR. Exemption: $0.00 Full Amount Paid: $0.00 Current Balance: $236.25 Half Balance; $120.38 Full Balance: $236.25 IF any of the following fields are "YES" use contact the Treasurers Office for more information. Tax Status Tax Liens: No Tax Area 7110 Prior Taxes Due: No Senior Homestead Exemption: No Special Improvement Tax: No Mill Levy I Database Last Updated at: 02:36 AM on September 2, 2005 https://www.eo.weld,eo.usideparimentsitroasuredtax/tax results,efin 9/2/2005 _ . _. bl 'd L80 'ON MVO AV£d ll SOOT '9 'd3S Treasurer's Tax Search Rest. )age Page 1 of t .i iii r J I 1",:1LIJ ; Services Departments r Al.uut Weld p Property Information I Conta. Z 'I\: }t .. r -.. . Iii; ✓� , „car•% Hornj > Departments > Treasurer's Office > Tax Search > Tax Search Results Tax Search Details Information for tax year: 2004 payable in 2005 Property Information Owner Name: Wagner Christopher] & Address: 13600 11 CR City: Weld Account Number: R0026993 Parcel Number: 120725000023 Legal Address: nw4 25-3-68 lot b tee exempt re-1450 (3d1.77r) situs: 13600 11 cr weld 0 Value Information Actual Land Value $73,899,00 Assessed Land Value $21,430.00 Actual Improved Value$394,798.00 Assessed Improved Value $39,980.00 Actual Total Value $458,697,00 Assessed Total Value $61,410.00 Payment Information Total Tax Amount: $4,460.32 First Half Amount $0,00 Second Half Amount: $0.00 SRS Exemption: $0.00 Full Amount Paid: ($4,460.32) Current Balance: $0.00 IF any of the following fields are "YES" please contact the Treasurer's office for more Information, Tax Status Tax Liens: No Tax Area 2309 Prior Taxes Due: No Senior Homestead Exemption: No Special Improvement Tax: No Mill Levy 72,632 Database Last Updated at: 02:36 AM on September 2, 2005 hops://www.co.wetd rn Uedeparimentehreasurerhax/tax_results.efm __ El 'd L80 'ON VWBVO WVbb ll q006 '9 'd3S ---"_ 961u1L/Yl4 Treasurer's Tax Search Res, ?age Page 1 of I ::-i;,ri So d F'1 V t - T V �[ 1• ie� Sarvicc I Department,' About Weld I, Property Enfnnnation Ionia }tome > Departments > Treasurer's Office > 'ye JS,Search > Tax Search Results Tax Search Details Information for tax year: 2004 payable In 2005 Property Information Owner Name: Wagner Christopher J &Jones P Jane Address: City: Weld County, CO Account W0266493 Number: Parcel 120725000023 Number: 100af nw4 25 3 68 xc hwy 66 deeded In bk 1491 pg 509 also exc beg nw cor Legal sec sOd03'w 90' n89d10'e 30' to s In hwy 66 n42d43'e 68.97' n89d10'e Address; 1247.82' to true pob n89d10'e 395.97' to w edge of concrete ditch 514d40'w 223.93' s34d41'w 124.91's35d46'w 112.28' s88d01'w 196.62' n0d50'w 411.49 to beg lot b rec exempt re-1450 Value Information Actual Land Value $0.00 Assessed Land Value $0,00 Actual Improved Value$0.00 Assessed Improved Value$0.00 Actual Total Value $0,00 Assessed Total Value $0.00 Payment Information Total Tax Amount: $810.00 First Half Amount: $0,00 Second Half Amount: $0.00 SR. Exemption: $0.00 Full Amount Paid: ($810.00) Current Balance: $0.00 IF any of the following fields are "YES" please contact the Treasurer's Office for more Information. Tax Status Tax Liens: No Tax Area 7110 Prior Taxes Due: No Senior Homestead Exemption: No Special Improvement Tax: No Mill Levy Database Last Updated at 02:36 AM on September 2, 2005 Mips://www.co.weld.co.us/departments/treasurer/tax/tax results.cfra onnnna bl 'd __. L90d 'ON MVO WVbl l l SOOZ 1 'd3S rage A or ' .90rne Sr:fr �- -ti r.:.rtmect tti ?`.a{,1 alitVyeiti Pro,-':": InfOrmaiiuu Gnu(nc dpme > Departments > Ireasurerl Qce > Tax Search > Tax Search Results > Tax Detail Tax Search Details Information for tax year: 2004 payable in 2005 Property Information Owner Name: Siegrlst Construction Co-1/2 Int Address: City: Weld County, CO Account R0144791 Number: Parcel 120735000051 Number: pt w2 35-3-68 beg s0d3l'e 2357.60' from n4 car sec th cont s0d31'e 2995.71' to s4 cor th w to pt on e r/w interstate hwy 25th n0d46'w 2126.71' s88d29'e 130.88' n0d02'w 379.20' n88d22'e 185.84' n0d46'w 172.05' n83d03'e 590.67' n04d07'w 264.07' th n89d41'e 1708.18' to beg exc beg intsec s In sw4 &e In 1-25 said pt being 50.01'e of sw cor sec n0d46'w 51.3' to approx c/I st vrain Legal creek th n77d53'e 2642.52' alg approx creek c/I to e In sw4 s0d3l'e 577.61' to Address: s4 cor sec th wly to beg also exc beg Sw con sec n89d13'e 290.65' n0d01'w 100.52' to tpob th s77d42'w 247.1' to e r/w 1-25 hwy th n0d56'w 2074.74' s88d39'e 48.46' s01d04'e 463.45' th alg curve to left (r=970') chord=s03d38'e 288,11' th s06d14'e 601.98' th Mg curve to right (r'1030') chord=s03d07'e 366.34' s0d01'e 185.97' n89d58'e 114.83' s0d0l'e 119.7' to tpob Value Information Actual Land Value $832.00 Assessed Land Value $240.00 Actual Improved Value $0.00 Assessed Improved Value$0.00 Actual Total Value $832.00 Assessed Total Value $240.00 Payment Information Total Tax Amount: $18.48 First Half Amount: $0.00 Interest on First Half: $0.09 Second Half Amount: $0.00 SR. Exemption: $0.00 Full Amount Paid: $0.00 Current Balance: $18.48 Half Balance: $9.33 Full Balance: $18.48 Tax Bills of less than $25 can not be split into two payments, hops://www.co.weld.co.us/departments/treasurerhax/tax_info,cfm?ACCCHTNTNO=untaa it)1nnnc SL'd 180Z'ON VV V3 wVt LL SOH '9 'd3S rage 2 o12 allIMININ IF any of the following fields are "YES" please contact the Treasurer's Office for more Information. Tax Status Tax Liens: No Senior Homestead Exemption: No Prior Taxes Due: No Tax Area 2335 Special Improvement Tax: No Mill Levy 77.033 Database Last Updated at: 02;33 AM on March 21, 2005 httpsJ/www,co.weld.co,us/departments/treasurcrhax/tax_info.cfm?ACCOI NTNO=u0144 in in 9L 'd 1802 TA MVO wvSZ Ft Soon ,9 (RS — nip tofi G • M. .. yb: "C,•., LlnniL _ __ Cs E. ,).,:tme:1 I About G:�- i.1 'Pro ri f:y ,.. '.:ion C:..;:is Home > Departments > Zleasurer's, ffice > Tax_Ssmjcl > Tax Sea ch Results > Tax Detail Tax Search Details Information for tax year: 2004 payable in 2005 Property Information ' Owner Name: Siegrist Robert L& Address: 4652 28 CR City: Weld Account Number: R4784786 Parcel Number: 120735000039 25650 ne4 35-3-68 exc w60' thereof exc uprr res situs: 4652 28 cr weld Legal Address: 00000 p I- T Value Information Actual Land Value $51,829.00 Assessed Land Value $15,020.00 Actual Improved Value $120,856.00 Assessed Improved Value $15,330.00 Actual Total Value $172,685.00 Assessed Total Value $30,350.00 Payment Information Total Tax Amount: $2,337.96 First Half Amount: $0.00 Interest on First Half: $11.69 Second Half Amount: $0.00 SR. Exemption: $0.00 Full Amount Paid: $0.00 Current Balance: $2,337.96 Half Balance; $1,180.67 Full Balance: $2,337.96 IF an of the following melds are "YES" lease contact the Treasurer's Office for more information. Tax Status Tax Liens: No Senior Homestead Exemption: Yes Prior Taxes Due: No Tax Area 2335 Special Improvement Tax: No Mill Levy 77.033 Database Last Updated at: 02:33 AM on March 21, 2005 hops://www.co.weld.co.us/departments/treasurer/tax/tax_info.cfm?ACCOT1NTNO=P47Ra zrnnnnc Ui d LUZ ON MVO wVS6: ll S006 9 d3S •••• •� x ago 1 Vl 1 ;. Hei r: $ev r,;b i V.. air,,., — .. tY1iE': Fro?er:y : raic,;r. Con.c _ - - jje > Departments > Treasurer's Office > Tax Search >Iax.SeareltResults > Tax Detail Tax Search Details Information for tax year: 2004 payable in 2005 Property Information Owner Name: Slegrist Robert L & Address: City: Weld County, CO Account Number: R4786086 Parcel Number: 120736000031 Legal Address: 25661 sw4nw4 36-3-68 Value Information Actual Land Value $876.00 Assessed Land Value $250.00 Actual Improved Value$0.00 Assessed Improved Value$0.00 Actual Total Value $876.00 Assessed Total Value $250.00 Payment Information Total Tax Amount $19.24 First Half Amount: $0.00 Interest on First Half: $0.10 Second Half Amount: $0.00 SR. Exemption: $0.00 Pull Amount Paid: $0.00 Current Balance: $19.24 Half Balance: $9.72 Full Balance: $19.24 Tax Bills of less than $25 can not be split Into two payments. a Mali TF any of the followingfields are "YES" geese contact the Treasurer's Office for more information. Tax Status Tax Liens: No Senior Homestead Exemption: No Prior Taxes Due: No Tax Area 2335 Special Improvement Tax: No Mill Levy 77.033 Database Last Updated at: 02:33 AM on March 21, 2005 hops://www.co.weld.co.us/departments/treasurer/tax/tax_intb.cfm?ACCOTTNrrq pa7RF a n!rtnnc 8l 'd Laos 'ON V V3 wV ii Soon ,9 'd28 ire i KERR-MCGEE ROCKY MOUNTAIN CORPORATION 1999 BROADWAY•SUITE 3800•DENVER,COLORADO 80202 Jul 28 2005 PHONE:30/2983600 y FAX:303/2963601 Kim Ogle Department of Planning and Zoning 918 10th Street Greeley, CO 80631 Re: St. Frain Lakes Community Oil and Gas Operations Areas Dear Mr. Ogle: The following attachments set forth the described areas as oil and gas operations areas for all existing and future wells within the St. Vrain Lakes Community. The said oil and gas operations areas will include adequate spacing for all existing and future wells and Kerr-McGee's desired setbacks to any public rights of way or property lines. Operations areas will provide adequate space for drilling of all legally protected locations,to all formations. Given the nature and size of this project and through negotiations between the developer, Carma Colorado, Inc., and Kerr-McGee Rocky Mountain Corporation, the parties have decided to agree to the operations areas now and later develop a specific Surface Use Agreement with each platting area. This will allow both parties to consider the location of pipelines, access easements and other information when there is a more definitive plan in place. Surface use agreements will specify the terms under which directional drilling, if any, will be done, including the amount and manner of any sharing of the incremental cost of drilling directionally. Kerr-McGee and Carina are continuing to work together in an effort for the two uses to coexist without significantly impacting either company's operations. Kerr-McGee represents that they are satisfied with the oil and gas operations areas described in the attachment. Canna agrees to leave these areas accessible for these areas labeled as oil and gas operations areas once the ground is planed and will work on an access plan with Kerr-McGee in association with each plat. General conditions of access to these areas include a 20' access easement with an all weather surface to the production facilities. Oil and gas operations areas will be owned and maintained by the developer's district. Planting and landscaping plans in the areas will be agreed upon in the individual Surface Use Agreements along with each plat. Sincerely, l- Kerr-Mc ee cky tain Corporation Carma Colorado, Inc. Terry E Tyler Packard Landman Development Manager swim avant saMawna (25NW) (25 E) • WSW (258E) geotount (35 E) (3616.1) (OU C !CM COMM ST. VRAIN LAKES 1° t°° EXHIBIT 'A' SCALE 1' =1500 CRIGINAL GRAPHIC SCALE � , ORS = OIL AND GAS OPERATION AREAS 1 Y , 1�ir�� rik J \ i��i r1r � c � �� \Y�rig _ jj � V 2)J) /(\j/ ' i 7ThY/ �� -y �:..• �. . rfiLlEUSE AREA n/` W V1 V / rce1° G t0D C110N Ap�CIUTIES TO BE �1 I � LOCATED BERWEEN PROPERTY � �' z .---- Hi V � �, � v- �� ", 1a U E AN PROPOSED WELL HEADS 2 — �i�"� �' l z lI' ��I �� 1�� 'CP �1CrEF \\ // \, III i I rt __ �/ \� A r�t°� �)) //��7 �� A/ -- A I _ /SU�E10118E AREA\ __ S 0 /// / 11 �, I aem� i 1I I L 1 , EXISTING WELL HEAD a15> N� .5-‘- --- -- �:�4ISTIN� PR�D�CTION1 FACI�TTI4S� / 1 �' _ip°1s -- — �'� `. �4e•°_ -� mss. I III 1� �� )1 w - ='w - - i .I) ,- __V- ---- :-..- /:., VRAIN RIVER -_ - _ � it - % - _ - - _ - _ - N LEGEND A -00 ' ° '° .DO ST. VRAIN LAKES SURFACE USE AREA SCALE: 1" = 400 '---I _ ORIGINAL `R°`""5"" PROPOSED WELL Carroll s. Lan e x �) amirrigrzire LOCATION (35SW) MAP �1 WELD COUNTY ROAD 28 J.._ EXISTING WELL -. EXISTING PRODUCTION FACILITIES 7-1 4 �u'; _ & 1011 a s PROPOSED a °w2;I� 10 �` XISTINC WELL H AD'; SURFACE USE AREA ��6 ' '` � hI LEGEND P" - I^ ' ST. VRAIN LAKES ._ � I SURFACE USE AREA SCALE: 1' = 400 '---1 °R'°'"°``R°`""SCALE PROPOSED WELL -� �� fl LOCATION (35NE) MAP SURFACE USE AREA-" 111 EXISTING WELL HEAD r MELD COUNTY ROAD 28 n_ EXISTING PRODUCTION FACILITIES ,Ad ... •ROPOSED WE_L HEAD i z � PROPOSE' WELL I C EXISTING W LL HEAD SURFACE USE AREA 400 N LEGEND ST. VRAIN LAKES SURFACE USE AREA SCALE: r 400 I---J ORIGINAL s"" PROPOSED WELL -�- C) � "6Lange` I OCATION (36NE) MAP L-- SURFACE USE AREA r I NAP NAP rT--r oi� .1 I : ' Y RFACE USE AREA Lam. , : J EXISTING WELL HEAD SURFACE USE APEA s��rr ''':44,1. 4₹ EXISTING WELL HEAD PROPOSED WELL I " ix r; 3 � A tv IV F' a �µ EXISTING PRODUCTION FACILITIES J)?`` _ ' N LEGEND _ rjomilimio ST. VRAIN LAKES .. I SURFACE USE AREA rIN SCALE: 1' =400 I__-I ORIGINAL GRAPHIC SCALE PROPOSED WELL —� eQ6Z2LOCATION (36NW) MAP NAP I r- ,-429:1 EXISTING '`� SURFACE USE AREAL— • --I - h SURFACE USE AREA ``/// PROPOSED WELL 1":742,.... (7" .,% ' .,1 ri tc XISTING WELL HEAD iv!�g 54�' �K�:c r, MI , 0� EXISTING PRODUCTION FACILITIES• I `el' r r- -MC I 1 SURFACE USE AREA- 1 I L..—� J EXISTING WELL HEAD MELD COUNTY ROAD 28 N LEGEND 100 ° ' ° 20° ST. VRAIN LAKES r- : I I SURFACE USE AREA rl SCALE 1' =400 _ "ORIGINAL`°°°" SCALE PROPOSED WELL -- �� QWS LOCATION (25SE) MAP i J Lim `d SURFACE USE AREA SURFACE USE AREA EXISTING WELLI 4 1 • 1 z I74' 1 I 41 1 18 I J ' EXISTING PRODUCTION FACILITIES 3 tit PROPOSED WELL XISTING WEL HEAD dd jJijh____ URFACEUSE AREA EXIS , J 1 � ; EXISTING WELLIHEIIb,. i t.-- SURFACE USE AREA — — — _ NAP NAP 300' N LEGEND '° ST. VRAIN LAKES SURFACE USE AREA SCALE: 1' =400 °"'GI"°`GRAPH SCALE PROPOSED WELL J -o- Carroll s Lange? LOCATION 2° `�°�°� ( 5SW) MAP iee eo,m axon erw.mn Lw urwa.eok..an edge (ems v.o-oa°a HIGHWAY 68 - - SURFACE USE AREA rr7414f.7a.l 1'1 EXIS ING WELL' n SURFACE USE AREA-\477 REA 4 - � % 377 �,,t7.7, .4 , , PROPOSED WELL n c� " izA 4r• `s-X"i r^ t �rr� Rtl EXISTING WELL HEAD �` 4943C) 20�"'� EXISTING %ELL HEAD EXISTING PRODUCTION FACILITIES PROPOSED WE � .� R , in e, 400 SURFACE USE AREA NAP Fvrcrlur 1NrlI wren.! 4. LEGEND ' ST. VRAIN LAKES r- SURFACE USE AREA SCALE: I. = 400 I --I ORIGINAL `R°`""SCALE PROPOSED WELL —o— nCarroll a Lange! �� LOCATION (25NE) MAP r HIGHWAY 66 — — — — — _ ,� — — — • 1.11 . NAP EXI 11NG PRODUCTION FACILITIES f a, I 4P4EX STING WELL`y L::::::9 .P4 . PROPOSED WELL 17;4 ew 4 i Q SURFACE USE AREA x EXISTING WELL HEAD ', SURFACE USE AREA_EAJt I 3C0 Q 0 fe r SURFACE USE AREA 9 EXISTING WELL1t 1,4 :h-H r . I .am----J A NAP / ,` EXISTING WELL A1 _'4. / vh I 1 SURFACE USE AREA SURFACE USF AREA", K LEGEND f ° '° ST. VRAIN LAKES SURFACE USE AREA '-- I SCALE: 1' = 400 °R" ""°`GRAPHIC °`" SCALE PROPOSED WELL cd— Carroll ?SLOCATION (25NW) MAP Bernard Lyons Gaddis Kahn A Professional Corporation Attorneys and Counselors June 10, 2005 Monica Daniels-Mika, AICP Weld County Planning Service Dept. 4209 County Road 24 /2 Longmont, CO 80504 Re: Carma Colorado/St. Vrain Lakes project Dear Ms. Daniels-Mika: After receiving the attached letter from Cameron Grant, I became aware that the ditch from Highland Reservoir No. 3 running east under 1-25 and through the proposed St. Vrain Lakes Project is owned by the No. 3 Outlet Ditch Company. The No. 3 Outlet Ditch Company owns a prescriptive easement across the property the width of which is determined by what is reasonably necessary to operate, maintain, repair and replace the ditch. The rights of the landowner vis-a-vis the ditch easement owner are defined in Colorado law. See Roaring Fork Club, LLC v. St. Jude's Company, 36 P.3d 1229 (Colorado) (2001). The Ditch Company will enter into negotiations with Carma at the appropriate time including negotiating the width of the ditch easement, crossings and piping, etc. The Company cannot make any guarantee as to the outcome of such negotiations. In such negotiations, the Ditch Company will require that the company's costs be covered and reimbursed by Carma during the negotiations. Sincerely yours, BERNARD, LYONS, GADDIS &KAHN, a Professiona Corporation By i e y� - n jk lglaw.com JJK:bas cc: Louis Rademacher, President Jerry Hamlin, Secretary Jill Baty, Office Manager Board of Directors Cameron A. Grant Tyler Packard, Carma (Via fax 303-706-9453) f:\clients\n\no3dc\20050526yk-da niels-mi ka.doc 515 Kimbark Street • Second Floor • P.O. Box 978 • Longmont, CO 80502-0978 Phone: 303-776-9900 • Fax: 303-413-1003 • www.blglaw.com JUN/1.11N. 13. 20050 4_28PM BLCARMAfi FIRM FAX No, 303 413 1003 NO. 1038 PP. 4 ) • i i . Wallet a.Oaat GRANT, •GRA.NT Pat tOfik*m fitted.Gage 900 wauw a.eeaa! /(�� /'y TR � ',�'l} T7•� Wee o,e.esa99e �� ?Map A O.vw VC. V o IIZ. .. , ++J..+ {^e(eoua,cekNr aa90Ail9e Zama a.Fit lol ft.. 9aa.,,,w9 aryoe&LLL NM - Fa: 001.77411919 'ATTORNEYS AT LAW• 9r.m le ee4ram Man spinets= tfm: wr.EGlmr.eem dd,idnatGaa•a W WWMLa.M.C4n a May 24,2005 , • yip E-Malt•//ca/rrl l)h)rlmp.ewr1 Jeffrey L Kahn,Esq. • Bernard,Lyons, Gaddis &Kato,P:C. • 515 Kimbark Street,Suite 200 • Longmont, Colorado 80501 • Re: St.Vrai n Lakes Project/Ffighland Ditch Itequest for Letter to Weld County ar Jet' . • . De This letter follows our phone conversation lest week about the St.Vrain Lakes project east of I- • . 25 and just north of the St.Vraut river. Canna.Colorado is processing rezoning and sketch plan - ' applications with Weld County. Eventual development of the northwest corner of St. Vrain Lakes will bnpact the Highland Ditch and requite that Canna seek the ditch company's approval • of a number of matters,possibly including a defined ditch easement, crossings,piping, etc. • Because Canna is only at the conceptual plan stage,it is premature to discuss specific plans fox areas adjacent to the ditch. Nonetheless,Weld County has asked that Canna provide a letter from • the Highland Ditch Co.indicating Highland's willingness to allow for such development. Will you please present this letter to the Highland board and ask that they consider writing a letter to Weld County indicating the ditch company's witiagaess to work with Cams&at the appropriate time in •the future? The letter should be addiessed to Ms. Monica Daniels Mika, AJCP, Weld County ' Flaming Services Dept., 4209 County Road 24 1/2 , Longmont, CO 805-O4,with a copy to my office. If you need more iuiomtadon please give me a call. • Thank you and the Highland board in advance for your help on tide. • Sincerely, • . - Grant, Grant &Goiran 7 S P • By �� ' CwmeronA. Grant ' cc: Tyler Packard,via e-mail ' 07/07/2005 11:38 303-485-1968 ST VRAIN SANITATIO PAGE 01/01 JUL. 7. 2005 9:48AM CARMA NO. 1307 P. 2 An Agreement for the Provision of Sanitary Sewer Service This agreement is made and entered into by and between St Vrain Sanitation District (District)and Canna(Colorado),Inc.,a Nevada corporation(Canna)_ The agreement regards the provision of sanitary sewer service to the Developer's proposed site as described within the St.Vrain Lakes Change of Zone Plan. The District agrees to provide sanitary sewer service to the aforementioned site, at the time it is requested by the Developer, for all or a portion of the site, contingent upon the following conditions: 1. The Developer has made the request with consideration of processing time on the part of the District. 2. The Developer has paid all fees required by the District and has petitioned for inclusion into the District. 3. Inclusion of any remaining parcels approved by the SOD. The Hamlin and Siegrist parcels are presently included. 4. Request for Will Serve letter received by District from Developer. 5. The District has approved the design and construction of all required infrastructure,both on-and of site,to be provided by the Developer. 6. The Developer has met all other requirements generated by the District during the design and review process of the site,possibly including,but not limited to,all or some of the following: standard subdivision agreements, pre-purchase of taps, line extension agreements and infrastructure upgrades, and tap service agreements. 7. Adequate trunk linos and treatment plant capacity are in place. 8. This Agreement may be executed in multiple counterparts.each of which shall be deemed to be an original, but all of which, together, shall constitute one and the same instrument Facsimile transmission of signatures shall be accepted as originais• IN WITNESS WHEREOF,the parties have executed this Agreement on the dates set forth below. St V rain Sanitation District. Carina(Colorado),Inc.,a Nevada corporation Name. :,D-"C By: Its: f�. _Cafe Name: l i Date: 2,"? /c2 r Its: .d /yew j ar Date: -7/o/Os.- ^ rcoo....wVUSWO u�,xAWaAwvs..�+r0.44 xu FW: St. Vrain Lakes/Carma Page 2 of 3 »> >>>Attached for your review is the Carma/Little Thompson line >>>extension agreement. >» >>>Cameron »> >>> Original Message >>>From: Lee Morrison [mailtalmorrison@co.weld_co.us] >>>Sent: Tuesday,August 23,2005 4:14 PM >>>To: Cameron A. Grant »>Cc: Tyler Packard >>>Subject: FW: St. Vrain Lakes/Carma »> >>>Cameron »> »> >>>I have reviewed the form of the agreement for provision of >>>sewer services and find it to be adequate. Please be >>>advised that a copy of this e-mail may be included in your >>>application or forwarded to the Planning Department »> >>>Lee D. Morrison >>>Assistant Weld County Attorney >>>915 10th St.,PO Box 758 >>>Greeley, CO 80632 >>>(970)356-4000 x 4395: FAX 352 0242 >>>This e-mail contains confidential and/or privileged >>>information. If the reader is not the intended recipient, >>>please reply and delete your copy of this message." »> >>>>>> Original Message >>>>>>From: Cameron A. Grant [mailto:cgrant@gglaw.com] >>>>>>Sent: Tuesday,August 23,2005 3:33 PM >>>>>>To: Lee Morrison »»»Cc: Tyler Packard >>>>>>Subject: FW: St. Vrain Lakes/Carma »»» >>>>>>Lee, >>>»> »»»I am just being a pest. Carma is hoping to submit >>>tomorrow and wants »> >>>>>>to confirm that you are comfortable with the form of the >>>water and >>>>>>sewer agreements. »»» »»»Cameron »»» >>>>>> Original Message >>>>>>From: Cameron A. Grant >>>>>>Sent: Friday,August 19,2005 11:15 AM >>>>>>To: 'Lee Morrison' >>>>>>Cc: Suzan D. Fritchel >>>>>>Subject: St. Vrain Lakes/Carma >>>»> >>>>>>Lee, »»» >>>>>>Carma is planning to submit its rezoning application next >>>week and >>>>>>wanted me to confirm that the County Attorney's office is 8/31/2005 DRAFT MEMORANDUM OF UNDERSTANDING Weld County, Colorado and CARMA, Colorado Maintenance Obligations of Improvements in the St. Vrain Lakes Metropolitan Districts Nos. 1-4 This MEMORANDUM OF UNDERSTANDING (this "M0U") is entered into on this day of , 2005, by and between CARMA, COLORADO, INC., a Colorado corporation (the "Developer") and WELD COUNTY, COLORADO, a political subdivision of the State of Colorado (the "County")to set forth the terms and conditions pursuant to which the Developer and the County shall cooperate, aid and mutually benefit one another to provide for the operation and maintenance of certain public roadway improvements within and adjacent to the boundaries of the proposed St. Vrain Lakes Metropolitan District Nos. 1-4 (the "Districts"). The Developer and the County are sometimes referred to herein as the "Parties." RECITALS WHEREAS, the Developer owns approximately 1,314 acres in Weld County, an area the Developer intends to develop into a master planned community containing a mix of residential and commercial uses ("the Development"); and WHEREAS, the Developer and the County are currently working together in good faith to establish the Districts, four Title 32 metropolitan districts, which shall cooperate with respect to, and coordinate the financing of, construction of public improvements to serve commercial and residential property in the Development (the "Improvements"); and WHEREAS, it is the Parties' intention that operation and maintenance of the Improvements will fall into three stages: during the first stage,while the Districts are still engaged in construction of a majority of the Improvements, the Districts will own, operate and maintain one hundred percent of the improvements; during the second stage, as the Districts complete various components of the Improvements, the Districts will dedicate such completed components to the County but will retain the obligation to operate and maintain such completed components, and funding of the same; in the final stage, upon dedication of the entirety of the Improvements to the County, the County will assume operation and maintenance for the entirety of the Improvements and funding for the same; and 1 WHEREAS, in addition to the Improvements, as discussed herein, water and sanitary sewer Improvements constructed within the Development are intended for conveyance to the Little Thompson Water District and the St. Vrain Sanitary Sewer District (the "Water and Sanitation Improvements"), respectively, which special districts shall operate and maintain the same on a perpetual basis; and WHEREAS, the Developer and the County wish to set forth in this MOU their mutual understanding and agreement with regard to the terms under which the County and the Districts will share the operation and maintenance obligations of the Local and Regional Improvements. NOW THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: COVENANTS AND AGREEMENTS 1. Maintenance Obligations. The Parties agree to continue to use best and good faith efforts to pursue organization of the Districts to facilitate financing and construction of the Improvements. The Developer agrees, as Petitioner for the organization of the Districts, that it shall be an express condition to the Service Plan for the Districts (the "Service Plan") that, within one year of the organization of the Districts, an intergovernmental agreement be entered between the Districts and the County (the "IGA"). It is the Parties intent that the terms of the IGA shall be substantially consistent with the intent and provisions set forth in this MOU. The IGA shall establish the conditions under which operation and maintenance of the Improvements shall be undertaken by the Districts and County, respectively. The Parties agree that initially the Districts shall have the primary responsibility for operation and maintenance of the Improvements (the "District Maintenance"). After a reasonable period of time, as determined by the mutual agreement of the Parties, but in any event not to exceed a total five (5) years after final acceptance by the County, the County agrees that it shall undertake sole responsibility for operation and maintenance of the Improvements and funding for the same. At such time, the District shall cease to bear any responsibility for operation and maintenance of the Improvements or for any portion thereof, or for funding of the same. The IGA shall further identify the terms under which the County shall accept ownership of the Improvements. 2. Funding for Maintenance Obligations. The County agrees that it shall use best efforts to annually appropriate an amount equal to the "County Funding" and to provide such revenues to the Districts during the term of the District Maintenance. The County Funding shall equal an amount calculated by the following formula: The percentage of the County's mill levy appropriated for County-wide roadway and storm drainage improvements multiplied by the total property tax assessments 2 received by the County from County mill levies imposed upon property within the Districts. The IGA shall reiterate the County's agreement to use best efforts to annually appropriate the County Funding and to provide such revenues to the Districts during the term of the District Maintenance. The Service Plan of the Districts shall set forth a general obligation mill levy and an operational mill levy for construction, operations and maintenance of the Improvements in an amount not to exceed an aggregate of fifty (50) mills, subject to adjustment, provided that if, on or after January 1, 2005, there are changes in the method of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement; the mill levy limitation applicable to such Debt may be increased or decreased to reflect such changes, such increases or decreases to be determined by the Board in good faith (such determination to be binding and final) so that to the extent possible, the actual tax revenues generated by the mill levy, as adjusted for changes occurring after January 1, 2005, are neither diminished nor enhanced as a result of such changes. For purposes of the foregoing, a change in the ratio of actual valuation shall be deemed to be a change in the method of calculating assessed valuation. During the term of the District Maintenance, the Service Plan shall additionally allow an additional levy of 10 mills for operations and maintenance (the Operations Levy"). At such time as the District Maintenance term expires, the Service Plan shall eliminate all authorization for the Operations Levy. The Parties agree that the Service Plan shall authorize additional funding sources to the Districts sufficient to effectuate the intended operations and maintenance of Improvements, including, but not limited to authorization for fees and charges that may be established by the Districts from time to time. 3. Regional Solution. The Parties hereby recognize that the development of urban and quasi-urban mixed use developments ("MUDs")within generally rural areas of the County creates a need for County-wide coordination of services within such MUDs. The Parties hereby agree to cooperate in the development of a regional plan to coordinate the need for services within such MUDs. 4. Governing Law. This MOU and the legal relationship between the Parties hereto shall be governed by and construed and enforced in accordance with the laws of the State of Colorado,without regard to its principles of conflicts of law. 5. Assignment. This MOU shall not be assignable by either Party without the prior written consent of the other Party, which consent shall not be unreasonably withheld. Any attempted assignment not in accordance with this Paragraph 5 shall be void and of no force or effect. 6. Counterparts. This MOU may be executed in counterparts, each of which when so executed shall be deemed an original, and all of which, together, shall constitute one and the same instrument. 7. Attorney's Fees. In the event that any Party hereto brings any action or proceeding against the other Party to enforce or interpret any of the conditions or 3 provisions of this MOU, the prevailing Party shall be entitled to recover all reasonable attorney's fees, expenses and court costs associated with such action or proceeding. 8. Authority. Each individual executing this MOU on behalf of a Party to this MOU is an authorized signatory of the appropriate Party and has been granted specific full legal authority to enter into and execute this MOU. 9. Notices. Notices anticipated under this agreement shall be sent to the following addresses: Notices to the Developer: CARMA, Colorado Attn: Tyler Packard Highland Place II 9110 E. Nichols Ave Suite 180 Englewood, CO 80112 CARMA, Colorado Attn: Thomas P. Morton Highland Place II 9110 E. Nichols Ave Suite 180 Englewood, CO 80112 With a copy to: Kristen Bear White, Bear and Ankele, P.C. 1805 Shea Center Dr. Suite 100 Denver, CO 80129 Phone: (303) 858-1800 Fax: (303) 858-1801 Notices to the County: Weld County Attorney P.O. Box 1948 Greeley, CO 80632 4 10. Date of Execution. This Memorandum of Understanding is entered into as of the date first written above. CARMA(Colorado),Inc By Title: WELD COUNTY, COLORADO By: Title: 5 Carroll & Lange= �� Professional Engineers&Land Surveyors Lakewood • Winter Park March 21, 2005 JN: 3075 Mr. Keith Meyer Weld County Public Works Department 1111 H Street PO Box 758 Greeley, CO 80632-0758 Re: St. Vrain Lakes — Proposed PUD Road Sections Dear Keith: On behalf of Carma Colorado, please find enclosed a written request by LSC Transportation Consultants to utilize two alternate local roadway sections for the St. Vrain Lakes development. The request also includes the current Weld County local residential MUD roadway section (Figure 1) and the two proposed alternate local residential sections (Figures 2 & 3) for your use. We have also included a private alley section as Figure 4. The remaining street designations within the community will utilize the current Weld County roadway sections. Weld County Road (WCR) 28 will follow the Urban 4-Lane Minor Arterial section and WCR 9 1/2 & 13 will follow the special arterial section as defined in the Weld County Arterial Corridor Study. Although the minimum section for WCR 9 % will be maintained, it is our desire to bifurcate the travel lanes with a landscaped median of varied width and grade. The right-of-way width will be widened in areas where the median width exceeds the minimum requirement. This detail allows us to meet the minimum requirements established by the County while providing a visually aesthetic entry to the community. We look forward to meeting with you next week, once you have had a chance to review the enclosed information. Please do not hesitate to contact me at (303) 979-7356, if you have any questions prior to our meeting. Sincerely, OLL &frOrtel, INC. Fred G. Tafoya III, P.E. Engineering Manager cc: E / R Kim Ogle — Weld County Planning Dept Tyler Packard —Carma Colorado, Inc. P.O.Box 3345 63 Cooper Creek Way, Suite 328 165 South Union Blvd., Suite 156 Winter Park,CO 80482-3345 Lakewood, CO 80228 (970)726-8100 Fax 726-9100 (303)980-0200 Fax 980-0917 Denver-Winter Park Dir. 980-9600 LSC TRANSPORTATION CONSULTANTS, INC. 1889 York Street Denver,CO 80206 (303)333-1105 FAX(303)333-1107 E-mail: Ise@lsedenver.com Web Site: http://www.lscdenver.com TRANSPORTATION CONSULTANTS, INC. March 21, 2005 Mr. Keith Meyer Weld County Public Works 1111 H Street Greeley, CO 80632 Re: St. Vrain Lakes Weld County, CO (LSC #040840) Dear Mr. Meyer: This letter is written to request that Weld County allow the proposed St. Vrain Lakes develop- ----. ment to use two roadway sections that are a variation from the Weld County MUD roadway standards shown in Chapter 24 of the Weld County Code. The St. Vrain Lakes development is not proposing to vary from the Weld County standards for their arterial roadway section. They will use the special arterial roadway section for WCR 9'/2, WCR 13 and the Urban 4-Lane Minor Arterial roadway section for WCR 28 as requested by Weld County. However, the St. Vrain Lakes development is proposing two roadway sections for their local residential roadways that vary from the Weld County Code. The attached Figure 1 illustrates the Weld County Code Local Residential roadway section. Figures 2 and 3 show two proposed alternate roadway sections for local residential roadways which we have called Local Neighborhood Link and Local Residential, respectively. The proposed Local Neighborhood Link section will be used for entryways into residential neighborhoods. The idea is to enhance the entryways with a planted median and bike lanes. This proposed roadway section contains 66 feet of right-of-way (ROW) and a total roadway section of 90 feet which is more than the 60 feet of ROW and 60 foot total roadway section that the Weld County Local Residential roadway section requires. Fourteen-foot travel lanes are provided which is more than the 12-foot travel lanes that the Weld County Local Residential Roadway section calls for. In addition, 12 feet is provided for the bike lane/parking area which is more than the ten-foot parking area provided in the Weld County Local Residential section. Finally, a ten-foot median is provided in the center of the roadway and 13 feet of tree lawn/side walk area is provided on both sides of the roadway which is more than the eight feet provided in the Weld County Local Residential section. Mr. Keith Meyer Page 2 March 21, 2005 The proposed Local Residential section will be used for most local roadways within the St. Vrain Lakes development. Forty feet of right-of way is provided which is 20 feet less than the Weld County Local Residential section. However, the total roadway section is 60 feet which is consistent with the Weld County Local Residential section. The difference is that for the St. Vrain Lakes proposed section, ten feet on each side of the roadway, which contains the majority of the tree lawn'/sidewalk area, is proposed as a utility easement and not permanent ROW. Ten-foot travel lanes are provided which is two feet less than the 12-foot lanes that the Weld County Local Residential section calls for. Furthermore, eight feet of parking area is provided on both sides of the roadway. The total flowline to flowline width provided is 36 feet. We believe that the narrower roadway pavement section will provide a safe roadway for the traveling public. Several jurisdictions in the Colorado Front Range area allow for similar road- way cross-sections including the City of Fort Collins (local connector allows for 10' travel lane with 8 foot parking) and the City of Loveland (local roadway allows for 34' flowline to flowline width with on-street parking). The goal is to provide a community feel to the neighborhoods. Providing a narrower pavement section will calm the traffic because drivers tend to travel at slower speeds when they perceive a narrower roadway. Therefore, this will result in slower speeds and less cut-through traffic through the neighborhood streets. In addition, narrowing the pavement section will narrow the pedestrian crossing distance and provide a safer environ- ment for pedestrian traffic. All single-family dwelling units proposed within the St. Vrain Lakes development will have garages and driveways so it is likely that there will be few cars parked on the streets. Furthermore, there will be less asphalt and therefore reduced maintenance costs. We trust that our findings and recommendations will assist in the planning for the proposed St. Vrain Lakes development. Please call us if we can be of further assistance. Respectfully submitted, LSC Transportation Consultants, Inc. .in 2•. • •.•�NMgs• TF `• By: /..� . '�; �'c�`:. enja in T. Waldman, P.E. V � G 358in 0: BTW/wc •••• \\Server_0\file_server\LSC\Projects\2004\040840\Roadway Cr°._"� 'w• APPENDIX 24-E(coot'd) • in tA cC x w m2 r K C Q U' a m Er w pt : . N a U J M to a N 4 r J U • pc w 1 ,W' Z b Q to J f / m § CO.0 N C 1 . 2 di is Y Q J. m a cc . 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' f i S gY e$i• and• then D � are subject tb Rut and l,egulations of the Dishic e � ��nal e'1;74.7,2,',a a "4 efo a an d 42 and t to '","?•1:::';',:i':, �t e e s 1s er one s 7 and r idennt al a x �p e Y�8rd„M_r �� ` �Tpr(1 s atFrP t d k -Q� drao �rt'hq�Js �G pry.. omvf skce venter tx+i i �uhl�t'l :,;!9,',,,,w,., is acilities`�to� e service will be the financial.� " i r e e h ina ; 1pe Tits the i ct Rules and R ations. All improvements co utm, District Sp f cations, ,2. Little Thompson Water District.requires you to transfer p.4 Shares of. •'•:4Colorado Big ompson�or of er water aceeptable t•o Tattle Thompson Water District for each lotiin the irnetlt, ruse in the.dom c water system.You then need to a sll the ,hest of the tap,f e Wator limes are pnt in seivice amd yptY;have the taps tq,sbll the lots atthe pr t that onset. • 3. • The a alts ttiti a ravel and installationof a raw 1.1.. reuse water syst for outside use t roughbthe� a diivision will e mount of water dedication,required for use-in he₹omestii „ The c dtt i n �e water nfigst��pon� 3 Quill be based • oft your a'•• s tem designexpected• water usage estim't `, The District will and raw' 3 'umbers and determine,thr cr t.given for raw �' th � t 4. .:-..,,,,],i','4:':.:,---i r e .ar- e x 9. >00Qfire .t t that' 1�to e paid x • a • You •will be s e for 9n}' 7i A4 r Cuir gEades n b ' e ,ows in your`�.Yision 5. � :cwater � utr" i w water R' for �gs"tion of l$ > The can to s -40.'„'...,,..,---,',..- e fisting 24"water� } g 3 c • ows n visitor au ill se install he i toad �' i' Little to i pson District water lines. g� 'v is t i k .3 x ,r r . ,ii i1 " M „. -7. stiff - dnainti ` to 1 exi � ap C • fi"tyR ., '�. Mfr k I" al tie ky/.i< trYp - bi P o'� 01 i e J3 v I' I s -5 2Fry;;'� ,....‹...,‹f.:.:„§xY zp 3G.,•.µ5 .g ms`s bh your �, `"SPA. «Y°T: d<}4F .a s • s low $t b ou wi Ito ` I��i�' IoWs. �� `��u₹�'i�>is t �� eccedandlts�l�lu`ot�p� itb4' ton I'�'[l,j� e R �� 'r [Zl � � V�f� /�� j$+?0,,g.., 4 . q Oat S$n 0 ; • _�� .twefisIn T od 2� -S ove, ` f t 3 `esat' � .;v"':1-- 3 m � ;- '..�,cPnnsid fPs � W 25. 8t '0 � rta he t$ ero �e : �4. o lines f f 8 tP iTo iswazer line v b�tip `a be a f our dev apeunent. will be r n ble fo ial nt cost t ati 18" �Yine and tun tt o e 18' d1.,16144#1,P•:.required 2,4,„--]+ne'3 e -•,:f..othe k e rtductlon vault along t e lute at a "'. .. The• t vV- ewillzt r:•• n- ' 1tsanto be detSned• 6. you.will be required tp,provide the n ceded water lines in the sVb � the eer wi s" andsra" otywill,need to be 6' ds,ti ' x Stith 8"''"d i ",diam water li es in a' system to support the X development will require er fre llo*ava bility ft oo be s:Sill r y a 16" diame • #ate•r ltnte ,mod up with a 12" peter waa g owed 3 a l ti 7 de el�, 14stnilaq tt ' NNist of ": 14 ,� e responsibility.of the` t X Y} } t � fie t j some of he water lines� brr•`eq ', F6.� x zy k of my l+ desk Xfand Y $ f" ' Fci," � P^?.QA:1'(" ' cY - s '1','''s; ev x $ + t,a. f. ,,„�Y �`,� ' ' sy"c``'�' m �S .� "r' i �jj;� ttom�.. ti: ♦.. YM�}*, d 4 .zk i n}}� '?....4.90-4r Y.-7-'," -:',,,,-:::::„$:e e e n st Yi P a rt.' our nee ,;,'±:44,-. r it y r bred to pay �d X,ij d S n 'W 3yd1)r x or t � 4on e vers yo`u l 4-‘'k.,1 So y de S ',etc. yy� • �y v`3 .� `'"" rv' rU :J h P•All ' e ; '. �, rrt `T r • a • o p,. �, #: .„. s >xs i .; RCP` , d� 6 ' A44 ,Pb eao' me. l"Y J i ma"r e d `s sit ` 2 3X ` y r r~3 f 3.P�m, ' ��+y i} X a Y.' Ts 9P :.'� x '..; t YY h; i4.', h h^�^e 4 _ ur , as -Rug 23 OS 04: 09p ---- - p. 2 Agreement for Water Extensions This Agreement,made and entered into this_�day of 40EL L 2005,by and between LITTLE THOMPSON WATER DISTRICT,hereinafter called the"District"and Canna(Colorado),Inc.,a Nevada corporation, hereinafter called"Customer",is upon the following terms and conditions,to-wit 1. The District is organized as a special district under laws of the State of Colorado serving treated water within the District as may now be established,or as hereinafter established The Customer is either a taxpaying elector within the District,or desires to receive water service end to join the District. . 2. The Customer desires to obtain water service for the"Piupatr"described in this Agreement 3. The Customer shall pay for and provide all water mains either within or without the boundaries of the District in order to provide water service to the Property, but the District may construct said mains, or the District may approve construction by the Customer, or the Customer's contractor upon terms approved by the District. A. The District must approve such construction by the Customer,or the Customer's contractor by a written agreement providing for the terms of such installation, including requirements that the materials used shall meet all standards of the District and that provides for inspection by the District of the construction of such water mains. The cost of all construction shall be paid by the Customer to the District. B. A deposit in the amount hereinafter provided shall be paid by the Customer to the District as en advance towards the construction cost of the District for such installation. After completion of all construction and acceptance by the District,a final adjustment of costs will be made,if necessary. In the event that it is determined that the deposit is insufficient to cover the estimated cost of construction,then the Customer shall pay to the District,on demand,additional advances towards the cost of construction. C. If the installation is constructed by the Customer, or the Customer's contractor,the Customer shall transfer all right,title and interest in and to the facilities installed as well as all easements and appurtenances and other necessary property rights to the District by good and sufficient assignment or bill of sale or general warranty deed. Such transfer shall be made five and clear of all liens and encumbrances,and the Customer shall finish sufficient evidence of title or a"Form 100"title policy if required by the District The Customer shall furnish mechanic's lien releases or a good and sufficient performance and payment bond pursuant to the Colorado Mechanic's Lien Law in order to insure that all construction costs have been paid in firth All labor and materials shall be warranted for defects of any kind by Customer and Customer's contractor for one year from the date of acceptance of such facilities by the written acceptance of such facilities. The District,upon receipt of the documents of transfer and evidence of title, shall consider whether to accept or reject the installation. If the Customer has complied with this Agreement and all other conditions precedent to the acceptance of the facilities,the District shall approve and accept the transfer and shall thereafter assume operation and maintenance of the lines. In no event shall the District assume ownership,operation or maintenance of any installation on the service side of the metering installation for the Property. 4. The District will provide service in accordance with its Rules and Regulations and lime extension policies as now adopted or as may be hereafter adopted by the District The Customer shall commence payment of established rates of the District, including minimum fees,on the date of installation of a tap and water is available for use at the tap. 5. The District,pursuant to the terms of this Agreement,will only be obligated to serve the tap size shown on this Agreement 6. The terms of this Agreement shall apply to the Property described herein,and the taps hereinafter provided may be used only upon said Property. The parties hereto agree that this Agreement shall be treated as personal property and not real property. 7. The Customer shall provide the District with an accurate copy of the final plat of the Property to be served by the District If the plat must be approved by the County Commissioners,then a recorded copy of the plat with the Clerk and Recorder of the Colorado County in which the development is situated must be provided to the District 8. Customer hereby grants to the District the right to enter upon the land of the Customer and on the Property as herein described to construct, operate and maintain the facilities herein described, together with the full right of ingress and egress, and to cut and trim trees and shrubbery to the extent necessary. The Customer shall obtain and convey to the District all easements required by the District,and the District shall not be responsible for any delay in providing service in the event of failure to provide such easements. Furthemiore,failure to provide easements required by the District will cause this Agreement to become null and void and of no further force and effect, and the Customer shall forfeit all money or rights theretofore transferred to the District 9. The facilities herein described are required by the Customer by date hereinafter stated. In the event the District installs the facility,the District shall use reasonable diligence in providing said facilities by that date. If said facilities cannot be installed because of act of God, governmental authority, action of the elements, accident, strikes, labor trouble, inability to secure materials or equipment, or any cause beyond the reasonable control of the District,the District shall not be liable therefore or for damages caused thereby. 10. In the event the District installs the facilities,the District shall install the facilities described herein in accordance with good engineering practice after the Customer has established property lines,cut streets,alleys and easements to final grade and prior to the paving of streets, and the construction of curbs and gutters The Customer shall reimburse the District for any expense due to subsequent changes by the Customer. 11. Water service shall be provided to Customers located within the property at the District's applicable rates,and upon terms and conditions now in effect or at the rates and under the terms and conditions as may be hereafter be adopted by the District and upon the Rules and Regulations as now established or as may hereafter be established by the District No water service may be obtained except upon property included within the boundaries of'the District. Customer agrees that no other person shall be permitted to use water provided by the taps herein described 12. In the event that construction of the water mains is not completed by the Customer or the Customer's contractor on or before 2 years from the date of this Agreement, then this Agreement shall become null and void. In such event,the District may set off against the deposit herein provided for the amount of its expense and return the balance of such deposit,if any,to the Customer. Customer agrees to pay all expense incurred by the District in excess of such deposit 13. In order to off set the cost of water to supply the Property herein described,the Customer agrees to sell or transfer to the District any and all water rights as required by current District Rules and Regulations. Such water rights may include Northern Colorado Water Conservancy (Revised D Form 210 ,Revised Fehmmary 20051 Noe t esfi Rug 23 05 04: 09p p-3 District, Windy Gap units of the Municipal Subdistrict of the Northern Colorado Water Conservancy District, and native water rights. Customer shall not receive cash for such water rights transferred to the District,but the total value of such water rights as herein stated shall be applied to the tap price established by the District upon the date of installation of each such tap. 14. The District agrees to allow installation of the number of taps hereinafter provided within the Property described below. No taps will be served by the District until all of the terms and conditions of this Agreement have been fulfilled by the Customer,including transfer of the above-described water rights. The taps may not be used on any property other than that described herein without the express prior written consent of the District to such transfer. Any such transfer shall be made to property owned by the Customer,and such property,and the Customer,shall meet all rules,regulations and requirements of the District in order to achieve a requested transfer. Any right to receive a tap option or water rights credit under this Agreement,whether upon the below described Property,or at any other place shall expire and become null and void 20 years from the date of this Agreement Customer may not encumber,mortgage or collaterally assign the taps without the prior written consent of the District thereto. In all other respects the taps or water rights credit shall be treated as personal 1roPerty. 15. Because installation of certain facilities to the below described Property may benefit property owned by other Customers of the District,the District may pay tap rebates to the Customer upon receipt of a fully paid tap fee from another party to serve property not included within the below described Property. These tap rebates will be paid in accordance with the District Rules and Regulations and the Customer should familiarize themselves with this portion of the aforementioned Rules and Regulations. The parties hereto agree that refunds,if any, will be made for a period of 5 years from the date of this Agreement and that upon expiration of said 5-year period,the District shall have no(hither obligation to make refunds. The total amount of the tap rebates will not exceed the Customer's cost for the improvements. 16. The Customer agrees to abide by all rates established and Rules and Regulations of the District as now established or as may hereafter be established by the District. District shall not be liable for any injury or damage for failure to deliver water for any reason including but not limited to war,riot,insurrection,Act of God,or breaks or failure of the water system. 17. No agent or representative of the District has the power to amend,modify,alter or waive any provisions of this Agreement Any promises, agreements,or representations made by any agent or representative of the District not herein set forth shall be void and of no further force and effect . IS. The Customer understands and agrees that all amounts due under the terms of this Agreement,as well as all fees,rates,tolls,penalties,or charges for services,programs,or facilities furnished by the District constitute a perpetual lien on the Property herein described, 'ban, and that such lien may be foreclosed in the same manner as provided by the laws of the State of Colorado for the foreclosure of mechanic's liens. §32-1-1001(1)(')1,C.R.S.2002. In the event Customer fails to abide by any of the terms or conditions of this Agreement,Customer agrees to pay all costs and expenses incurred by the District as a result of the breath including direct and consequential damages,loss of revenue, attorneys fees,court costs,expert witness fees and other expenses. 19. This Agreement shall be binding upon and inure to the benefit of the heirs,personal representatives,successors and assigns of the parties hereto. Except as provided herein,the Customer may not assign all or any part of any interest in the Agreement to any person. SEE ATTACHED ADDENDUM A,SCHEDULE(S)AND EXHIBIT(S)FOR ADDITIONAL PROVISIONS. IN WITNESS WHEREOF,the parties hereto have set their signatures the day y rst above.written. aTHOMPSOBy: t IS C. • Mailing Address: Afi wed?3t0-611e----- LTWD Board of Directors on: Telephone: 1.) Real Estate Description for Agreement(''Property'): 2.) Amount of Deposit S 3.) Date Customer needs facilities: 4:) Number of water right units or shares transferred to District: • 5.) Price per water right unit or share: . 6.) Tap Size: 7.) Number of taps to be installed: 8.) Plat Provided? Yes No 9.) Number of new fire hydrants: . 10.) Fee for hydrants: S LTWD Form 210 (Revised February 20051 Pace 2 of 2 Aug 23 05 04: 09p p. 4 • Addendum A to Agreement for Water Extensions This Addendum A is attached to and incorporated into that certain Agreement For Water Extensions by and between Little Thompson Water District ("District") and Carma (Colorado), Inc.,a Nevada corporation("Customer"). 1. Construction Requirement of Off Site Facilities. 1.1 Customer till pay 100% of the costs and expenses of all water facilities within the Property (the "Property" is legally described in the Agreement) and for all off site water transmission lines serving the Property, specifically, but not limited to, 100% of the costs and expenses of the planned 24 inch diameter transmission line required to serve the Property. . All of the off site improvements, including but not limited to the 24 inch water line, shall be in operation by the District prior to sale of the first tap after the 1,200th SFE service tap for the Property. No water taps chill be sold by the District on the Property without full compliance with the Agreement by the Customer. 1.2 Notwithstanding the provisions of Paragraph 3A of the Agreement, Customer shall only pay the District for any construction actually performed by the District; and all construction of water facilities by Customer shall be in accordance with the District's rules, regulations and policies in effect at the time of construction of the facilities. Customer shall promptly pay any and all contractors and subcontractors that Customer hires to perform any and all construction that has been previously approved by the District as set forth in Paragraph 3A above. 1.3 Notwithstanding the provisions of Paragraph 12 of the Agreement for Water Extensions set forth above, Customer shall construct all water mains in a timely manner as plats are approved by Weld County. The Customer shall comply with the rules, regulations and policies of the District in effect from time to time during this time; and Customer specifically agrees that the District may promulgate new or alter such rules, regulations and policies of the District at any time and such new or altered rules,regulations and policies of the District 2. Rebates and Reimbursement of Portion of Cost of Water Lines. 2.1 Customer shall be entitled to certain rebates and reimbursement of certain costs associated with constructing as well as oversizing the planned water transmission line that will provide water service to Customer's Property from an 18 inch to 24 inch line in accordance with District rules, regulations and policies in effect at the time of acceptance of the water line by the District. 2.2 Based upon the capacity of the 24 inch water line extension, additional water mains may be connected to the 24 inch line in order to provide water service outside of the Property. To be eligible for any rebates or oversizing reimbursement by District, Customer shall bid the 24 inch water line extension project for both an 18 inch and a 24 inch water line improvement prior to construction of the water line. 2.2.1 Rebate Amounts. District will collect rebates for Customer on the 24 inch water line at a rate of 20% of the 18 inch line cost for each future connection. However, Page 1 of 7 Rug 23 05 04: 09p p. 5 any rebates as provided in this paragraph shall otherwise be made in accordance with District rules, regulations and policies in effect at the time of such future connection to the 24 inch water line and the total amount of any rebates shall not exceed the total cost of the 18 inch water line. 2.2.2 24 Inch Water Line Reimbursement Amounts. Oversizing Reimbursement Fees will be collected by the District in an amount not greater than the total oversizing reimbursement amount. The oversizing reimbursement amount shall be the difference in bid price from the lowest responsible bidder for construction of the 18 inch and 24 inch water line. District will reimburse Customer for 100%of the oversizing reimbursement amount through collection of tap fees for the Property. District will pay Customer $1,000.00 for each tap sold within the Property up to the total oversizing reimbursement amount. District chap pay Customer the Oversizing Reimbursement Fees actually collected by the District on a calendar quarter basis. 2.3 Except as otherwise provided herein, additional reimbursement amounts, if any, chall be determined according to District rules, regulations and policy, and all other provisions of the District's rules, regulations and policies shall apply to the reimbursement for the 24 inch water line project. 2.4 Notwithstanding the provisions of Paragraph 15 of the Agreement set forth above, rebates, if any, will be made for a total period of 15 years from the date of acceptance of the water lines constructed for Customer's St. Vrain Lakes Development project. Except as otherwise provided in this Paragraph, nothing herein shall change, modify or amend Paragraph 15 of the Agreement and nothing herein shall change, modify or amend District Rules and Regulations. 3. Raw Water Contribution Requirement The District currently has in its rules, regulations and policies a requirement for contribution of raw water to the District for the purchase of water taps from the District. The water dedications outlined in Paragraph 3.1 below chall satisfy the Raw Water Contribution component of the District's requirements for the equivalent of one single-family residential unit (SFE) in the Project for every 0.35 acre feet of water. Upon delivery of the raw water by Customer to District, District will provide a letter certifying the number of SFE equivalents based upon the water dedicated for Customer's St. Vrain Lakes Development project. If any additional raw water is delivered to District in the future, District will provide a cimilar letter at that time. It is anticipated that the rules, regulations and policies of the District will change during the term of the Agreement; and the Customer agrees to comply with the rules, regulations and policies in effect at the time of application for a water tap from the District. 3.1 Windy Gap Water 3.1.1 The District and the City of Greeley, Colorado (hereinafter"Greeley")are parties to the "Intergovernmental Agreement for Lease of Twelve Windy Gap Units, With Option to Purchase,"a copy of which is attached hereto as Exhibit 1 ("Windy Gap Agreement"). Pursuant to the Windy Gap Agreement,the District leases Twelve Windy Gap Units and owns an Page 2 of 7 Rug 23 05 04: 10p p• s option to purchase the Twelve Windy Gap Units. The District shall use its best efforts to timely complete the transaction with the City of Greeley. 3.1.2 The Agreement, except for the provisions of Paragraph 4.10 of this Addendum A, is conditioned upon the execution, approval and closing of the Windy Gap Agreement transaction between District and Greeley. In the event such transaction fails to take place due to direct or indirect action of Customer, the Agreement, except for the provisions of Paragraph 4.10 of this Addendum A, shall be null and void. In the event that after the Windy Gap Agreement becomes effective,the Windy Gap Agreement becomes in default by the District due to direct or indirect action of Customer,then this Agreement shall be terminated on the date the Windy Gap Agreement becomes terminated unless Customer,pursuant to District Rules and Regulations then in effect,provides alternate water supplies,such as those provided in Paragraph 3.2 and 3.3 of this Addendum, satisfactory to meet the Project demands. Customer shall indemnify and hold the District harmless from any and all costs and expenses incurred by the District under the terms of the Windy Gap Agreement, including but not limited to all payments due from the District to Greeley, all payments due from the District to the Municipal Subdistrict of the Northern Colorado Water Conservancy District, all payments due from the District to the Northern Colorado Water Conservancy District, all damages, losses, and claims of whatsoever nature or kind, arising out of or as a result of any act or failure to act, whether or not negligent,in connection with the Windy Gap Agreement by Customer, its employees, agents and contractors. Customer agrees to defend and pay all costs in defending these claims, including attorney fees. 3.1.3 Pursuant to the Windy Gap Agreement, the District is required to pay certain sums for various costs and expenses, including, but not limited to, Total Annual Assessments, past, current and future Finning Project costs, and purchase price of the Twelve Windy Gap Units should the District exercise its option to purchase. The specific presently known costs and expenses are attached hereto as Schedule A and are incorporated herein by reference. Customer shall timely pay District for all financial obligations of the District under the Windy Gap Agreement prior to the time that any payment by the District to any other person under the Windy Gap Agreement is due. Specifically, Customer shall pay to District the Total Annual Assessments no later than February 1st of each year. Customer shall pay all additional costs and expenses, including past, current and future Firming Project costs and the purchase price of the Twelve Windy Gap Units within thirty days of receipt of notice from the District. Such notice shall include the amount or amounts due. No later than the effective date of the Windy Gap Agreement, Customer shall pay to District $332,612.00 for the initial costs and expenses as provided on Schedule A. Upon written request by Customer, District agrees to provide Customer with copies of receipts for payments made to Greeley or the Municipal Subdistrict of the Northern Colorado Water Conservancy District solely in relation to Windy Gap and/or Windy Gap Firming Project expenses related to Customer's St. Vrain Lakes Development project. 3.1.4 The Windy Gap Units obtained from Greeley are part of the Windy Gap Firming Project ("Firming Project") as described in the Windy Gap Agreement. The Parties agree that the Windy Gap Units shall be assumed to deliver 40 acre-feet of water (unfirmed)per Unit prior to completion of the Firming Project and shall be assumed to deliver 100 acre-feet (firmed) of water per Unit subsequent to completion of the Firming Project. Until the Firming Page 3 of 7 Rug 23 05 04: 1Op p.7 Project is complete and the District's storage component in the Firming Project is filled, the Windy Gap Units shall not exceed 480 acre feet for firm annual yield at any time (12 WG Units x 40 acre-feet). The Windy Gap Units shall convert from unfirmed to firmed status on September 30th of each year based upon the percentage of the District's storage component of the Firming Project that is filled as of that date. 3.2 Northern Colorado Water Conservancy District Units Customer is the owner or contract purchaser of certain Units of the Colorado Big Thompson project as administered by the Northern Colorado Water Conservancy District (CBT Units). Customer may transfer CBT-Units in satisfaction of its raw water dedication requirements for the Project. The Parties agree that the CBT Units shall be deemed to deliver 0.5 acre-feet of water per Unit. 3.3 Other Water Rights Customer is the owner or contract purchaser of certain other water rights appurtenant to the Property. Such additional water rights shall be retained by the Customer; and the Customer may transfer such water rights to the District for use in satisfaction of the District's requirements for purchase of water taps, pursuant to District rules, regulations and policies then in effect, or for use in a raw water irrigation system serving the Project 3.4 Water Tap Purchase. Customer shall be entitled to purchase water taps from District on an individual basis and shall not be required to purchase taps in any higher quantities. 3.5 Water Ouantitv. The actual water rights dedication requirement of the Project shall be based upon delivery and demand studies prepared, at the Customer's expense, by the District or by a third party mutually acceptable to the Customer and the District. Such study or studies chall be prepared at Customer's discretion,but the first study shall be no sooner than four years from the date of this Agreement and the final study cha11 be no later than December 31, 2017, or such earlier date as mutually agreed in writing by the parties. In the event that such studies determine that the Project will require more water than is set forth in Paragraph 3 of the Addendum, the Raw Water SFE shall be increased for taps issued after the date of such determination. In the event that the studies determine that the water rights set forth in Paragraph 3 of the Addendum are in excess of those required by the Project, Customer cha11,to the extent practical and in relation to taps issued after the date of such determination,be entitled to a return of such excess water for transfer elsewhere within the District,a reduction in the Raw Water SFE requirement or to a credit against other District fees. 3.6. Reuse of Project Consumable Water. Reusable water, if any, within Customer's St. Vrain Lakes Development project shall be dedicated first and foremost for the benefit and use in the outside raw water irrigation system within Customer's foregoing project. 4. Miscellaneous 4.1 Notice Any- notice, demand, consent, authorization or other communication (collectively, "Notice") which either party is required or may desire to give to or make upon the other party pursuant to this Agreement shall be effective and valid only if in writing, signed by the party giving such Notice, and delivered personally to the other party or sent by express- courier or delivery service or by registered or certified mail of the United States Postal Service, return receipt requested, postage or delivery charge prepaid, addressed to the other party as Page 4 of 7 Rug 23 05 04: 11p _ p, 8 follows (or to such other address or person as either party to person entitled to Notice may be notice to the other specify): To District: Little Thompson Water District Attention: District Manager 835 East Highway 56 Berthoud, Colorado 80513 And Starr and Westbrook,P.C. 150 E.29th Street, Suite 285 P. O. Box 642 Loveland, Colorado 80539-0642 To Customer: Carma(Colorado), Inc. 9110 E. Nichols Ave., Suite 180 Highland Place II Englewood, Colorado 80112 And Grant, Grant, Goiran LLP 436 Coffman Street, Suite 200 P.O.Box 908 Longmont, Colorado 80502-0908 Unless otherwise specified, Notices chall be deemed given when received, but if delivery is not accepted, on the earlier of the date delivery is refused or the third day after the same is deposited with the United States Postal Service. 4.2 Assignment The Agreement and any rights thereunder shall not be assigned, sold, hypotherated pledged or otherwise transferred by Customer in whole or in part, without the prior consent of the District, which consent shall not be unreasonably withheld. No assignment shall be made to any person or entity that does not own the Property. 4.3 Binding on Successors The Agreement herein contained shall bind and inure to the benefit of the respective heirs, executors, administrators, successors, and permitted assigns of the parties hereto. 4.4 Amendment The Agreement may not be modified, discharged or changed in any respect whatsoever, except by a further agreement in writing duly executed by District and Customer. Page 5 of 7 • ' Aug 23 05 04: 11p _ p 9 • 4.5 Choice of Law;Venue The Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. Venue for all actions regarding this Agreement shall be in Weld County, Colorado. 4.6 Entire Agreement The Agreement supersedes all prior agreements, written or oral, and contains the entire agreement between the Parties. No statement, representation, or promise made by either party or the agent of either party that is not contained in the Agreement shall be valid or binding, 4.7 Time of Essence Time is of the essence of the Agreement. 4.8 Other Documents The Customer agrees to execute any additional documents required by the District and to take any additional action necessary to carry out this Agreement. 4.9 Nonwaiver of Immunity The Agreement shall not be construed to waive any of the privileges or immunities the District or its officers, employees, successors and assigns are lawfully entitled to present pursuant to law, including but not limited to the Colorado Governmental Immunity Act, §24-10-101 et seq., as amended, and any other privilege or immunity of the District. 4.10 Reimbursement to District Customer shall reimburse District for all of its attorney fees, engineering fees, and all costs in the negotiation and completion of the Agreement. The reimbursement for said fees shall not exceed$10,000. 4.11 Interpretation The terms of this Addendum A are made a part of the Agreement for Water Extensions (the"Agreement") as if fully set forth therein. In the event of a conflict or ambiguity between this Addendum A and the Agreement, the terms of this Addendum A shall control. The policies, rules and regulations of the District in force from time to time shall supersede any provisions of the Agreement and Addendum. 4.12 Lien Customer acknowledges and agrees that all fees, rates, tolls, penalties, or charges due by Customer and its successors and assigns and all tap holders under the Agreement and all amounts due under the rules, regulations and policies of the District shall constitute a perpetual first and prior lien on and against the Property. Any such lien may be foreclosed in the same manner as provided by the laws of this state for the foreclosure of mechanics' liens. 4.13. Development Approval. The Agreement is conditioned upon Weld County approval of the St.Vrain Lakes Development change of zoning approval not later than December 31, 2006. In the event that such application is denied, Customer shall have the right to transfer or assign its rights in this contract, and all such references to the"Property"may be transferred to other property within the boundaries of the District. In the event the Property is subject to a County or State-wide moratorium, or such other event not reasonably in the control of Customer, that delays the change of zoning approval, then Customer may obtain, upon notice to District, an extension of the deadline for obtaining such approval for a period of time equal to the time of the Moratorium,up to 180 days. Page 6of7 Aug 23 05 04: 11p _ p. 10 IN WITNESS WHEREOF, the parties hereto have set their signatures to this Addendum on the _1 day of ,ip.F.f� ,2005. LI 1'LE THOMPSON WATER DISTRICT C STO r -CARMA COLO' I O), BY: , ,?A B . Mailing Address: ed LTWD B pard of Directors on: Telephone: Page 7 of 7 OCT-04-2004 17:02 ERO RESOURCES 303 830 1199 P.02i08 DEPARTMENT OF THE ARMY • s' ^! CORPS OF EN ,9307 SOUTH WADS WORTH OMAHA DISTRICT n DENVER REGULATORY OFFICE " ' r:'%:'' � r H BOULEVARD LITTLETON,COLORADO&0128-69pt September 30,2004 """"" ^ ^--- Ms.Denise Larson ERO Resources Corp, 1842 Clarkson Street Denver,CO 80218 RE: Wetland Delineation of St. Vrain Ponds Development Site,Jurisdictional Areas: St. Vrain Creek, Wetlands 4,5,9, 10, 11 and 12; Non-Jurisdictional Areas: Wetlands 1, 2,3,6,7, 8 and the Open Water of the Ponds Adjacent to the St.Vrain Creek Corps File No.200480464 Dear Ms. Larson: Mr.Terry McKee of this office has reviewed this project located in Sections 25, 35, and 36, T3N, R68W,Weld County, Colorado. This review was in accordance with Section 404 of the Clean Water Act under which the U.S. Army Corps of Engineers regulates the discharge of dredged and fill material,and any excavation activities associated with a dredged and till project, into waters of the United States. Waters of the United States include ephemeral, intermittent and perennial streams, their surface connected wetlands and adjacent wetlands and certain lakes,ponds, irrigation and drainage ditches that have a nexus to interstate commerce. Under the authority of the Clean Water Act, an appmed.j.iirisdkauflauktatian has determined that St. Vrain Creek,Wetlands 4,5,9, 10, 11 and 12 are waters of the U.S. If a proposed activity requires work within the above-described waters of the U.S., a proponent of the project should notify this office for Department of the Army permits. This jurisdictional delineation is valid for a period of five years from the date of this letter unless new information warrants revision of the determination. Approved .nr dlen u d erm inatitat matter of Solid w,¢te A P Based upon the ruling by the Supreme Court in the (January 9, 2001), the Department uthooLEnguteers,No. 99"1178 ep riment of the Army's(DA)regulatory authority over isolated,non-navigable, intrastate waters has been eliminated if the sole nexus to interstate commerce was use of the waters by migratory birds. It is apparent under the ruling above that the DA does not have the authority to regulate work in isolated Wetlands 1,2,3, 6, 7,8 and the Open Water of the Ponds Adjacent to the St. Vrain Creek These areas are not waters of the U.S. and therefore non-jurisdictional. No permit or other authorization by the DA is required for work in these areas. This approved jurisdictional determination and delineation is valid for a period of five years from the date of this letter unless new information warrants revision of the determination. My office considers your wetland delineation map and report for this project accurate and acceptable. OCT-04-2004 17 02 ER0 RESOURCES 303 830 1199 P.03i08 The attached Jurisdicdonal Determination form provides the basis jurisdiction for Wetlands 1, 2,3,4,5,6, 7,8,9, 10, 11, 12 and the Open Water of the Ponds Adjacent to the St. Vrain Creek, If the applicant wishes to appeal this approved jurisdictional determination, the attached Notification of Administrative Appeal Options form should be completed and sent to Mr. Mores Bergman at the address noted on the form. Although a DA permit will not be required for work in Wetlands 1,2,3, 6, 7, 8 and the Open Water of the Ponds Adjacent to the St.Vraln Creek, this does not eliminate the requirement that you obtain any other applicable Federal, state, tribal or local permits as required. If you have any questions call Mr. Terry McKee at(303)979-4120 and reference Corps File No. 200480464. Sincerely, Ti. : a y T. are Chi s env: •. ulatory •ffice tin OCT-04-2004 17:03 ERo RESOURCES 303 830 1199 P.04/08 • • JURISDICTIONAL DETER M i 4�iATION Y Corps of Engineers Revised 8/13/04 . U.S.Arm DISTRICT OFFICE: Omaha District Denver Regulatory Office FILE NUMBER: 200490464 • PROJECT LOCATION INFORMATION: State: Colorado County: Weld Center coordinates of site(latitude/longitude):40 10 55 104 57 30 Approximate size of area(parcel)reviewed,including uplands:�1,280 acres. Name of nearest waterway:St.Vrain Creek Name of watershed: St.Vrain JURISDICTIONAL DETERMINATION Completed: Desktop determination Site visit(s) g Date: Jurisdictional Determination(JD): Date(s): September 28,2004 Q Preliminary JD-Based on available information,O there appear robe(or)O there appear to be no"waters of the United States"and/or"navigable waters of the United States"on the project sire. A preliminary JD is not appealable (Reference 33 CFR part 331). ea Approved.JD—An approved JD is an appealable action(Reference 33 CFR part 331). Check all that apply; O There are"navigable waters of the United States"(as defined by 33 CFR part 329 and associated within the reviewed area. Approximate sin ofjurisdictional area: _ guidance) Z There are"waters of the United States" (as defined by 33 CFR part 328 and associated reviewed area. Approximate size ofjurisdictional area: 95_aCers guidance)within the ER There are "isolated,non-navigable, intra-state waters or wetlands"within the reviewed area. 54 Decision supported by S WANCC/Migratory Bird Rule Information Sheet for Determination of No Jurisdiction. BASIS OF JURISDICTIONAL D DETERMINATION: A. Ware RMINATION: ..- QWaters defined under 33 CFR part 329 as"navigable waters of the United States"; The presence of waters that are subject to the ebb and flow of the tide and/or arc presently used,or have been used in the past,or may be susceptible for use to lransWrt interstate or foreign commerce. OB. Waters defined under 33 CFR part 328.3(a)as"waters of the United States": (1)The presence of waters,which are currently used,or were used in the past,or may be susceptible to use in Ointerstate or foreign commerce,including all waters which are subject to the ebb and flow of the tide. O (2)The presence of interstate waters including interstate wetlands . (3)The presence of other waters such as intrastate lakes,rivers,streams(including intermittent streams), mudflats, sandflats,wetlands,sloughs,prairie potholes,wet meadows,playa lakes,or natural ponds,the use,degradation destruction of which could affect interstate commerce including any such waters(check all that apply): or ❑ (i)which are or could be used by interstate or foreign travelers for recreational or other purposes, 0 (ii) from which fish or shellfish are or could be taken and sold in interstat©or foreign commerce. ❑ (iii)which are or could be used for industrial purposes by industries in interstate commerce (4)Impoundments of waters otherwise defined as waters of the US. O0 (5)The presence of a tributary to a water identified in(1)-(4)above, (6)The presence of territorial seas. ® (7)The presence of wetlands adjacent°to other waters of the US,except for those wetlands adjacent to other wetlands. Rationale for the Basis of Jurlsdictionat Determination(applies to any boxes checked above). Ifthe jurisdictional water or wetland is not itselfa navigable water of the United States,describe connection(%)to the downstream navigable waters. If B(1)or B(3)is used as the Basis ofJuri rdictia,,document navigability and/or interstate commerce connection (Le.,discuss site eanditions,including why the waterbody is navigable and/or how the destruction ofthe waterbody could affect interstate or foreign commerce).If11(2,4, 5 or 6)is used as the Basis ofJurisdicrion,document the rationale used to make the determination. /fB(2)is used as the Basis ofJarrsdictian, document the rationale used to make adfacencry determination: Wetlands W4 and Ws flow to the St.Vrain Creek that flows to the South Platte River,which Is an interstate waters Wetlands W9 and W10 are adjacent to the St,Vrain Creak. Wetland 11 and 12 are riparian wetlands that are hydrologically connected,via surface flows,to the St.Vrain Creek OCT-04-2004 17 03 ERO RESOURCES 303 830 1199 P.05/08 I • • 2 Lateral Extent ofJurladiction:(Reference:33 CFR parts 328 and 329) � 'J Ordinary High Water Mark of St. Wain Creek indicated by: Yl.:f High Tide Line indicated by: ® clear,natural line impressed on the bank ❑ the presence of litter and debris O On or o line along shore objects ❑ changes in the character of soil O fine shell or debris deposits(foreshore) ® destruction of terrestrial vegetation ❑❑ physical markings/characteristics shelving tidal gages other: O other: Mean High Water Mark indicated by: ❑survey to available datum; ❑physical markings;s• ❑ vegetation lines/changes in vegetation types. 3 Wetland boundaries,as shown on the attached wetland delineation map and/or in a delineation report prepared by ERO Resources Corp. Basis For Not Asserting Jurisdiction Q The reviewed area consists entirely of uplands. CO I Unable to confirm the presence of waters in 33 CFR part 328(8)(1,2,or 4.7). Headquarters declined to approve jurisdiction on the basis of 33 CFR part 328.3(8)(3). 0 The Corps has made a case-specific determination that the following waters present on the site arc not Waters of the United States: ❑ Waste treatment systems,including treatment ponds or lagoons,pursuant to 33 CFR part 328.3. ❑ Artificially irrigated areas,which would revert to upland if the irrigation ceased. ❑ Artificial lakes and ponds created by excavating and/or diking dry land to collect and retain water and which are used exclusively for such purposes as stock watering, irrigation,settling basins,or rice growing. ❑ Artificial reflecting or swimming pools or other small ornamental bodies of water created by excavating and/or diking dry land to retain water for primarily aesthetic reasons. ❑ Water-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for the purpose of obtaining fill,sand,or gravel unless and until the construction or excavation operation is abandoned and the resulting body of water meets the definition of waters of the United States found at 33 CFR 328.3(a). ® Isolated,intrastate wetland with no nexus to interstate commerce. ❑ Prior converted cropland,as determined by the Natural Resources Conservation Service. Explain rationale; ❑ Non-tidal drainage or irrigation ditches excavated on dry land. Explain rationale: ® Other(explain):Upland areas exist between the wetlands of WI,W2,and W3 and St. Vrain Creek (wetlands are not adjacent or connected to St,Vrain Creek via a drainage w/continuous wetlands and/or ordinary high water mark). Wetlands W6,W7 and W8 do not flow to a waters of the U.S. The open water of the gravel pit ponds Is non-jurisdictional,because,while the ponds are adjacent to St. Vrain Creek,adjacency only applies to wetlands(the fringe wetlands of these ponds are jurisdictional. DATA REVIEWED FOR JURSIDICTIONAL DETERMINATION(mark all that apply); ® Maps,plans,plots or plat submitted by or on behalf of the applicant. ® Data sheets prepared/submitted by or on behalf of the applicant. ® This office concurs with the delineation report,dated September 3,2004 ERO Resources Corp, • .prepared by(comp any); ❑ This office does not concur with the delineation report,dated Data sheets prepared by the Corps.IN ,prepared by(company): Corps'navigable waters'studies: El U.S.Geological Survey Hydrologic Atlas: O U.S.Geological Survey 7.5 Minute Topographic maps: U.S.Geological Survey 7.5 Minute Historic quadrangles: U.S.Geological Survey 15 Minute Historic quadrangles: USDA Natural Resources Conservation Service Soil Survey: O National wetlands inventory maps: State/Local wetland inventory maps: ir PEMA/FIRM maps(Map Name&Date): ER 100-year Floodplain Elevation is: (NGVD) Aerial Photographs(Name&Date): Other photographs(Date): Advanced Identification Wetland maps: Cal Site visit/determination conducted on: Sept 28,2004 O Applicable/supporting case law: 0 Other information(please specify): OCT-04-2004 17 03 ER0 RESOURCES 303 830 1199 P.06i08• ) • " 'Wetlands ore identified and delineated 3 'Wetands of reh r h using the methods and criteria established in the Corps Wetland Delineation M op Ybc vegetation,hydric soils and wetland hydrology), U Manual(87 Manual)(i.e., 2The term"adjacent"means bordering,contiguous,or neighboring. Wetlands separated from other waters of the US.b barriers,natural river berms,beach dunes,and the like are also adjacent. Y man-mode dikes or OCT-04-2004 17:03 ER0 RESOURCES 303 830 1199 P.07i08 I / . n• .licant: Carma - Colorado File Number: 200480464 Attached is: Date. Se.t. 30, 04 I ' •FF •E• St. See Section below 'e . .r Letter •f .enni-si.n) A PROFFERED PERMIT(Standard Permit or Letter of.emission)ME PERMIT DENIAL on) t1 B © APPROVED JURISDICTIONAL DETERMINATIONismisi PRELIMINARY JURISDICTIONAL DETERMINATION D Illinall _ ^$ ,;w :r w t e° �t n �vu}Xy�{e�qj}n u ,`Ny 1ia.1 'nt¢"`�i�i u, V �1 n h ,y t$loll 4dSitloxtti z ti.oii �rxj$va 1h tl 4 *�l�� a'js .tI I,J.,,, C}1t}7{�e��fl}t., C�7-iNy�.2{1 Y. XM� o� tl .n 7 : .OIY.e Co •sreii,$ttai .at:33 ,0I± iP ' 33T,'�, ' 4 ;: C AA+JL1.;fT`T ' ;{ip1:,....%GW�dCeyYn�rp oz;:= A: INITIAL PROFFERED PERMIT: You may accept or object to the permit • ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, appeal the permit, including its terms and conditions,and approved jurisdictional detemunations associated with the permit. to • OBJECT: If you object to the permit(Standard or LOP)because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice,or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter,the district engineer will evaluate your objections and may: modify the permit to address all of your concerns,(b)modify the permit to address some of your objections,or(c)not modify the permit having P (a) detcrnrined that the permit should be issued as previously written. After evaluating your objections, the district ---engineer will send you a proffered permit for your reconsideration,as indicated in Section E below. b. PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit(Standard or LOP)because of certain terms and conditions therein,you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the fora to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety,and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD,you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL rer""ring preliminary JD, DETERMINATION: You do not need to respond to the Corps re min h the el The Preliminary JD is not appealable. If you wish, you may request an approved may appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. OCT-04-2004 17 04 ERO RESOURCES 303 830 1199 P.08/08 1 it.'1,745.5,Slin7;i:/,:7Z.g.'6,14,Ae..r,a,'L,r Y ^J .g.'6,4,A f d -.. , ..,n._.`. 'z,.e• U I i �) 'p' F'tr REASONS FOR APPEAL OR OBJECTIONS: •"� �` rte` , 'a �" � ) TIONS. yourreasons for appealing the decision ecis on . y�;oe" 'uitial proffered permit in clear concise statements. You may attach additional information to this form to cl or your arify where your t toan .r objections are addressed in the administrative record.) ADDITIONAL INFORMATION:The appeal is limited to a review of the administrative record,the Corps me record of the appeal conference or meeting,and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Co rP memorandum for the ou ma .rovide additional information to clan the location of information tht new mfead in ntt or analyses toat ve record However, p''lI ahead the ad :Q r tke `,y�.r,"C9t 'V";3•r1 �'m ,atro�,i ,tadministrative record If you have questions regarding this � � `� �` Wsft� °`"' $ ; � x '` " .g g decision and/or the appeal s `regarding ' " " �` ' process you may contact: PP If you only have questions regarding the appeal ' also contact: process you may Timothy T.Carey US Army Corps of Engineers Chief,Denver Regulatory Office Northwestern Division 9307 South Wadsworth Boulevard Attn:Mores Bergman, 9307Littleton, Appeal Officer CO 80128 12565 West Center Road (303)979-4120 Omaha,Nebraska 68144-3869 RIGHT OF Telephone(402)697-2533 co4raENTRY: Your signature below grants the right of entry to Corps of Engineers personnel,and any government nts, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day no. .fan site investi:ation, and will have the o,.o g ernment rtttnt to .artic',ate in all site investigations. TOTAL P.08 Hello