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Home My WebLink About20022133.tiff n DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, CO 80631 Phone (970) 353-6100, Ext. 3540, Fax#(970) 304-6498 MINOR SUBDIVISION FINAL PLAT APPLICATION SITE SPECIFIC DEVELOPMENT PLAN App. Ch'd By: Case Number: App. Fee: Receipt Number Record. Fee: Receipt Number: Planner Assigned to Case: TO BE COMPLETED BY APPLICANT. Please print or type, except for necessary signature. I (we), the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the proposed Change of Zone for the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION: Lot"B"of RE-2303 being part of E 1/2 of Section 35, Township 2 North, Range 67 West, of the 6th P.M., County of Weld, State of Colorado NAME OF PROPOSED SUBDIVISION Blue Sky Estates EXISTING ZONING Estate TOTAL AREA ACRES20 NUMBER OF PROPOSED LOTS 4 LOT SIZE: AVERAGE 5 MINIMUM 3.762 +/- r OVERLAY DISTRICTS UTILITIES: Water: Name: Central Weld County Water District Sewer: Name: Septic Gas: Name: Excel Energy Electric: Name: United Power Phone: Name: Qwest Districts: School: Name:Weld County School District RE-8 Fire: Name: Ft Lupton Fire Protection District PROPERTY OWNERS OF MINOR SUBDIVISION FINAL PLAT AREA: Name: Guv D. Jensen Phone:303-857-0708 Address:6707 WCR 23 Ft. Lupton, CO 80621 Name: Phone: Address: APPLICANT OR AUTHORIZED AGENT(if different from above). Name: Kirk Goble Phone:970-356-1618 Address:1928 9'°Street Suite A Greeley, CO 80631 I hereby depose and state under the penalties of perjury that all statements, p posals, and/or plans submitted with or contained within this application are true and correct to the best of m no dge. ig re: Owner or Authorized A nt Revised: 1-22-96 ; 1 2002-2133 Minor Subdivision Final Plat r ` Application Narrative Blue Sky Estates Guy D. Jensen, Applicant 1. Application: Included in application packet. 2. Title Commitment: Included in application packet. 3. Proposed Types of Use for Subdivision: a. Rural Residential 4. Summary of prior identified concerns: a. The water requirements will be met by a public water system. The applicant has purchased and paid for 4 water taps from The Central Weld Water District (see attached documentation). The water taps have been installed on site. b. The Fort Lupton Fire Protection District will provide fire protection. Concerns set forth in the original referral letter from Larry Richardson, Ft. Lupton Fire Marshall, have been addressed and satisfied per follow-up letter from Mr. Richardson. �-, 5. Total Lots Proposed: There are a total of four lots proposed. 6. Circulation System: a. The circulation system is a cul-de-sac road with sufficient turn around. 7. There are no school sites, open spaces, or parks within the subdivision: 8. Land Dedication: Letter of intent of acceptance of the road is included in the application packet. 9. Water Supply Report: a. The water is to be supplied by the Central Weld County Water District. Included in the application packet are the water tap agreements executed on December 8th, 1999, as evidence that public water supply is available. b. The Central Weld County Water District's water quality report is included in the application packet. c. Water rights: The applicant will provide a pro-rata share of his existing Slate Ditch irrigation supply to each lot as available for irrigation of existing vegetative cover. 10. Description of Proposed Sewage System: a. Each of the lots will be served by individual sewage disposal systems (septic). The systems will be permitted at the time a building permit is proposed and will need to meet all engineering and other requirements of the Weld County Health Department at that time. This has been placed on the Change of Zone plat as notes, as required. 11. Energy and Utility Suppliers: Letters of availability of service from the suppliers are included in the application packet. 12.Covenants, Grants of Easement, and Restrictions Imposed: a. There are no covenants within the proposed minor subdivision. b. All grants of easement and restrictions within the proposed minor subdivision are shown on the Change of Zone plat and will also be on the Final Plat. 13.CDOT access permit: Not required, proposed road does not intersect a State Highway. 14. Ditch Agreement: An agreement specifying the maintenance of the slate ditch is included in the application packet. 15. Existing easements or dedicated right-of-way: All are shown on the plat. 16. Improvements agreement: The collateral agreement for improvements will be executed within the required time period following approval of the final plat. 17.Off-site Road Improvements: There are no off-site road improvements proposed or required. 18.Subdivision Final plat drainage report: Included in application packet 19. Surrounding property owners: Included in application packet !'", 20. Evidence of consult with all Lessees of minerals, oils and gas: Surface use agreement with all Lessees is included in application packet. 21. Certified list of Mineral owners and Lessees: Certified list is included in application packet. 22.Compliance with Weld County Comprehensive Plan: a. Policy 3 — Discouraging large-scale development outside of municipal boundaries. This proposed subdivision is low density and not urban scale. b. Goal 4 — Minimize impacts to farmland: The size of the existing parcel is small enough to not be economically viable as a farm operation. The proposed use will not materially affect ag production in the area or impact surrounding agricultural operations. c. Policy 5 — Compatibility with existing surrounding land use: The proposed zoning change is compatible with surrounding land uses as surrounding land owners are primarily smaller farms and rural residences compatible with this development. The property is currently used agriculturally however, due to the property size being 20 acres is not economically viable as a farm property due to its small size. 23.Preserving Prime Agriculture: a. Preservation of Prime Ag Lands. The property consists of approximately 20 acres upon which is one existing residence with the balance in portions of irrigated alfalfa, pasture, roads, & waste. The parcel is not economically viable as a productive farm due to the r.• small size. While this proposal will change the use to rural residential, the applicant proposes to provide a pro-rata share of irrigation water from the Slate Ditch to each of the proposed lots for purposes of irrigation of vegetative cover and/or crops. There is no proposal to remove irrigation water from the property. 24.Adequate Water Supply a. Provisions have been made for adequate water supply with the purchase of a water tap for each lot from Central Weld County Water District. Taps are installed on site. 25.Sewage System: a. Each of the lots will be served by individual sewage disposal systems (septic). The systems will be permitted at the time a building permit is proposed and will need to meet all engineering and other requirements of the Weld County Health Department at that time. This has been placed on the Change of Zone plat as notes as required per the Change of Zone Resolution. 26. Soil and Topographical Conditions: a. The subject property is composed of two soil types: Olney fine sandy loam, and Vona loamy sand (see attached soil type descriptions). Both of these soil descriptions include the following. "Soil has a good potential for urban and recreational development." However, the Platte Valley Soil Conservation District has noted that Olney fine sandy has moderate limitations for septic systems and the Vona loamy sand has severe limitations for septic systems. The applicant proposes that the septic systems be permitted at the time a building permit is proposed and will meet all engineering and other requirements of the Weld County Health Department based upon soils and percolation tests conducted at that time as a part of the septic permit applications. b. There are no topographical conditions present that create hazards or require special Es` precautions. 27. Streets within the Minor Subdivision: a. The proposed streets within the minor subdivision will be adequate in functional classification, width, and structural capacity to meet the traffic requirements of the minor subdivision. The road within the mirror subdivision will be 26 feet in width and shall have placement of an adequate depth of gravel road base, per the road construction detail provided with this application. No paving is proposed. 28. Off-Site Streets and Highways: a. WCR 23 has been designated as a collector road and is adequate in function to meet the traffic requirements of the proposed Minor Subdivision. 29. Construction and Maintenance of Roads: a. The applicant proposes construction of the internal road to meet County standards and, upon approval of construction, will dedicate the roadway to Weld County for all future maintenance. 30. The proposed minor subdivision is not part of or contiguous with a previously recorded subdivision or unincorporated townsite: 31. Parking: There will be no on-street parking permitted within the proposed subdivision. This has been placed on the Final Plat under notes as item L. 32. Highway Access: No additional accesses to a County, State, or Federal Highway will be created. n r 33. Ingress and Egress to Lots: All Ingress and Egress to the lots in the minor subdivision will be made from the internal road after building permits have been issued. The applicant received permission per the Change of Zone #566 Resolution, for temporary use of the existing access to proposed Lot 1 (his personal residence) until any building permits for the remaining lots are given, so as not to impact the current ag production on the proposed Lot 1. 34. Drainage and Stormwater Management: a. Drainage and stormwater will be properly diverted per the drainage plan submitted with the application. 35.Lots: The proposed minor subdivision will contain 4 (four) lots as shown on the plat, which does not exceed the maximum of 5 (five) lots. 36. Burden: a. The subdivision will not create unreasonable burden on the ability of local governments or districts and will create additional tax revenues to compensate for increased services. b. Police protection will continue to be provided by Weld County Sheriffs Office. c. Fort Lupton School District RE-8 has entered into an agreement with the applicant (attached) for payment of impact fees. d. The Fort Lupton Fire Protection District will provide fire protection. Concerns set forth in the original referral letter from Larry Richardson, Ft. Lupton Fire Marshall, have been addressed and satisfied per follow-up letter from Mr. Richardson. cop ca,,7 kk �b AGREEMENT iC WHEREAS, Guy D. Jensen (Landowner) has proposed a Minor Subdivision known as Blue Sky Estates (Property)on a portion of the E 1/2 NE 1/4 of Section 35, Township 2 North, Range 67 West of 6th P.M., now known as Lot"B" of Recorded Exemption RE-2303, being 20 acres, more or less, and WHEREAS, the north boundary of said property borders the right-of-way for the Slate Ditch Company (Ditch Company), and WHEREAS, Landowner desires to notify and enter into an agreement with Ditch Company as regards the proposed Minor Subdivision (Blue Sky Estates), NOW THEREFORE, it is agreed between the parties that: The subdivision as proposed does not appear to materially affect the operation or maintenance of the ditch by the Ditch Company. Landowneragrees that no building structure will be built within 10 feet of the right-of-way for the Slate Ditch. Landowner agrees that any fencing or perimeter structure will not block or restrict existing legal access to the ditch right of way for operation or maintenance purposes. Ditch Company agrees that all regular, normal maintenance of the Slate Ditch will be the responsibility of Ditch Company, and that said maintenance activities shall be conducted within the right of way for the ditch, unless other prior arrangements are made with Landowner. Landowner agrees not to restrict or prohibit said maintenance activities within the right of way of the Slate Ditch. This agreement is not intended to impair or waive any other rights afforded the parties hereto under applicable law, and the parties do not waive or forfeit said rights. This agreement shall inure to the heirs, successors, or assigns of the parties hereto. Dated this la day of f 6e0(.172002. uy .Jensen (Landowner) President, The Slate Ditch Company • - 110 Plains Engin:wring A V i **TEN. 735 Denver Avenue • Fort Lupton CO 80621 '"' Phone 303-857-9280 • Fax 303-857-9238 PROJECT INFORMATION AND DRAINAGE REPORT Prepared For: Mr. Guy Jenson 6707 WCR 23 Fort Lupton, CO 80621 Job Site Located At: Blue Sky Estates In the East ''A of the NE 1/4 of Section 35, T2N, R67W Of the 6th Principal Meridian Fort Lupton, Colorado Weld County March 26, 2001 JOB # 01-0859 12330 Cecil R. Crowe, PE and LS' 2 TABLE OF CONTENTS SITE DESCRIPTION PAGE 1 PURPOSE OF STUDY PAGE 1 PROJECT DESCRIPTION PAGE 1 DRAINAGE BASINS PAGE 2 HYDRAULICS PAGE 2 HYDROLOGY PAGE 2 CONCLUSION PAGE 2 REFERENCES PAGE 3 APPENDICES PAGE 4 �-: SITE DESCRIPTION: This study was prepared for the proposed development for Lot 1, 2, 3, and Lot 4 of the proposed Blue Sky Estates, in the East ' of the NE 'A of Section 35, T2N, R67W of the 6`h Principal Meridian, Weld County, CO. This site is located on the north side of Weld County Road (WCR) 14.5 and west of WCR 23. This tract consists of 20.39 acres more or less. The existing site layout is relatively flat with a gradual slope to the southeast corner of the lot. The existing lot is vacant, with a few trees and grass/weed covered. No major drainage ways exist on this property. The Slate Ditch borders the site along the northerly boundary. Irrigation laterals run along the east and south boundaries. PURPOSE OF STUDY: The drainage study was prepared for this site to store the storm water on the site in a detention area. The drainage for the site will be stored in a storm water detention pond located at the southeast corner of the site. This pond will discharge to the south under WCR 14.5 into Little Dry Creek. This drainage study was performed in accordance with the "Adams County Storm Drainage Design and Technical Criteria Manual, February 1989". PROJECT DESCRIPTION: The project site encompasses Lots 1 to 4, which contains approximately 20.39 acres and is presently a series vacant lots, and approximately 5.0 acres of offsite runoff. The soils encountered on this site from the Soil Survey of Weld County, CO by the USDA Soil Conservation Service is Olney and Vona. These soils have a hydrologic group of"B", where low to moderate runoff volumes in its historic state can be expected. r The project will consist of four residential homes, driveways, landscaped areas and undeveloped areas as shown on the attached site map. The composite percent impervious for the area is 6.8% for the site. All runoff from the impervious areas shall be directed to the detention pond located on the Southeast side of Lot 4 (see attached site map). The detention pond will release water at the 10-year and 100-year historic rates into the Little Dry Creek. DRAINAGE BASINS: The proposed development of the area has a single basin area. Surface runoff from on and off site areas of the designated watershed shown on the attached map are considered to be historic flow. The historic flow will continue to infiltrate into the surface as it has in the past. A part of Lot A (5.0 acres) is an off-site watershed that will contribute runoff to this project. The storm runoff from this drainage basin will flow from the detention area under WCR 14.5 in a 15-inch diameter CMP to drain into Little Dry Creek. HYDRAULICS: The outlet structure of the detention area will have a 15-inch diameter CMP pipe to control the 10-year storm and 100-year storms. The existing 15-inch diameter RCP pipe under the irrigation channel is sufficient to handle the flows from the site. The maximum pipe flow is less than the allowed release rate for the site. HYDROLOGY: The landscaped areas will carry the flow from the site. This storm runoff will drain into the detention pond located on the Southeast corner of Lot 4. The detention pond will have an outlet pipe to control the release rates to the historical flows to under Weld County Road 14.5 to the Little Dry Creek. CONCLUSION: This drainage plan attempts to minimize the impact of the development of this project on the surrounding properties. There will be a negligible increase in storm flows from this site, however the drainage plan proposed herein should effectively contain and control these flows at or below historic rates. REFERENCES: "Adams County Storm Drainage Design and Technical Criteria Manual, February 1989". APPENDICES: r Drainage Study Computations: Computations for the Detention Area: Building / Paved Area = 80,000 sf @ 30% Impervious Landscape Area = 1,026,293 sf @ 5 % Impervious Total Area = 1,106,293 sf Area Imperviousness: I = (80,000 sf) 30% + (1,026,293 sf) 5% 1,106,293 sf I = 6.8% The Soil Survey of Weld County, CO Identifies the Soil as Olney and Vona Use Hydrologic Soils Group "B": Allowable Release Rates For Soil Group B: 10 year Qlo= 0.23 cfs/acre x 25.397 acres = 5.84 cfs 100 year Qioo= 0.85 cfs/acre x 25.397 acres = 21.59 cfs r From Adams County— Storm Drainage & Technical Criteria— February '89: (These equations were developed as part of the UD&FCD hydrology research program.) K10= (0.95 I - 1.90) / 1000 (Equation No. 1406) K10= (0.95 (6.8) - 1.90) / 1000 = 0.0046 10 year storage volume V10=K10A = 0.0046 (25.397 acres) = 0.1158 acre-feet = 5045 cubic feet K100= (1.78 I - 0.002 I2 - 3.56) / 1000 (Equation No. 1405) K100 = (1.78 (6.8) - 0.002 (6.8)2 - 3.56) / 1000 = 0.00845 100 year storage volume V100=K1ooA (Equation No. 1404) = 0.00845 (25.397 acres) = 0.2146 acre-feet = 9349 cubic feet Determine Outlet Pipe Diameter for 10-Year and 100-Year Storms Determine the diameter of pipe required for the 100-year storm: Qioo = CdA(2gh)1/2 Cd = Orifice Coefficient = 0.65 A = Area (square feet) g = gravitational constant 32.2 ft/sec2 h = Head on orifice (feet) 21.59 = 0.65A(2x32.2x2.0)1/2 A = 2.825 sq. ft. = 421 sq. in. A=R2 x pi 421=R23.1416 -* R = 11.58" D = 23" Determine the diameter of pipe required for the 10-year storm: Qio = CdA(2gh)I/2 Cd = Orifice Coefficient = 0.65 A = Area (square feet) g = gravitational constant 32.2 ft/sec2 h = Head on orifice (feet) 5.84 = 0.65A(2x32.2x1.0)112 A = 1.12 sq. ft. = 161.2 sq. in. A=R2 x pi 161.2=R23.1416 -* R = 7.16" D = 15" Detention Pond Sizing: Elevation Area Vol. (Cu. Ft.) Cumulative Vol. (Cu. Ft.) 4908.7 3520 4909.7 4720 4105 4105 4910.7 6048 5370 9475 * Volume Required Vioo= 9349 cu. ft. .-. Check: 9349 cu. ft. < 9475 cu. ft. o.k. WL. , ()MINTY, COLORADO, SOUTHERN PART 133 1A!1L.. 14.--SOIL AND WATER FEATURES--Continued 1 i :loading High water table - Bedrock e' 'Soil name and ;Hydro-1 i Potential map symbol 1 logic' Frequency Duration ;Months I Depth Kind Months Depth Hard- frost ;group 1 ness action Ft In 36': Shingle D 'None i ; >6.0 --- --- 10-20 flip- Low. ___ --- pable I 37, 38 ' B 'None i --- I >6.0 , --- --- 20-40 Rip- Low. Nelson i i i ' pable 39, 40, 41, 42, 1 1 43 C 'None --- i --- i >6.0 ; --- --- >60 --- Moderate. Nunn 44, 45, 46 47, 48 0 None --- i 1 >6.0 ; --- --- >60 --- Low. Olney 49 A None i --- ' --- i >6.0 ; --- --- >60 --- Low. Osgood 50, 51, 52, 53---- B 'None i --- i --- >6.0 ; --- --- >60 --- Lou. Otero 54, 55 B ;None to rare --- --- >6.0 --- --- >60 --- Moderate. Paoli 56, 57 i C 'None 1 --- I >6.0 1 --- --- 20-40 Rip- Low. Renohill I i i i pable 58, 59 i D 'None --- ; --- i >6.0 --- --- 10-20 Rip- Low. Shingle i pable 60+: ' Shingle ' D 1None --- 1 --- 1 >6.0 --- --- 10-20 Rip- Low. �� 1 pable Renohill C None --- >6.0 --- --- 20-40 Rip- Low. pable 61 i D 'None ' --- 1 >6.0 --- --- 10-20 Rip- Low. Tassel i i pable None 62, 63 B ,' --- I --- I >6.0 --- --- 20-40 Rip- Low. Terry pable , 64, 65 ' C 'None ' --- 1 >6.0 --- 20-40 Rip- Low. Thedalund i i pable 66, 67 C 'None --- 1 --- 1 >6.0 --- --- >60 --- Low. Ulm 1 1 1 ' 68+ A 1None --- 1 --- 1 >6.0 --- --- >60 --- Low. Ustic 1 1 Torriorthents 1 i 69, 70 i A 'None i --- i --- i >6.0 --- --- >60 --- Low. Valent I 1 i i 1 i 71': i ' Valent 1 A 'None 1 --- i --- 1 >6.0 --- --- >60 --- Low. Loup i D 'Rare to Brief Mar-Jun +.5-1.5 Apparent Nov-May >60 --- Moderate. common. ©2 73, 74, 75. 1 ' 2 6, 77 B 1None --- 1 >6.0 ' --- --- >60 --- Lou. Vona ^ 1 1 1 1 1 See footnote at end of table. r p r EPARTMENT OF AGRICULTURE I, CONSERVATION SERVICE zieo 000 rcc* �ay R67 vv., R. .»t a4 .4-"?'-iV, p, r e4slR 4 v .y.'". '+� w � � vrbp Y'h 6B `{r� t' . t'a x c f „� ' .0 „,. ... v d 72 ao •.• n 1 i •1 i Y � t zea 1a �,� a. -a'': .Tf `i 5� it - A j •..,,,,,, a W`a x t ' 'a�4 69 � •e t i , I g -, v: iiiiij., t t ':it-� .3 �" /q v '4:4,11. S y t ya ' t ''''1'-'.,t.."..- 3-ae: e. ` t t. '� . ..Byg t�k',; V �?� yy t I , f ' � V 222 a (� a 6W4T� e, �- 1 .t.. 4....>*- n"�+l,„� t yea, c.- �Y w.. _ y �� " � t • 3 �� ' a'•� gyp .t :,- X , t 41 � �< £,. ' ratr•r6� . n et .,,a.,. N 10,a^.. +Ii „. o ar a •19 41 " ‘;‘k 8 3 b7 .FORT, > ' }a 7. g}3 5 _. ,4u * * WPTON 21 a1 7:: !,,4k;-1' o .* e ti a ►` b v I. u S .{�N N N N S :Wit 1.`(y000 (JINN r__ v\ (-JAVA a W a V Q 3N 41 • At- Cr- rk,01-14,11.373 Not— ADAMS COUNTY .�, STORM DRAINAGE DESIGN AND TECHNICAL CRITERIA CHAPTER 14 DETENTION 14.1 INTRODUCTION The criteria presented in this section shall be used in the design and evaluation of all detention facilities. The review of all planning submittals (refer to Chapter 2) will be based on the criteria presented in this section. The main purpose of a detention facility is to store the excess storm runoff associated with an increased basin imperviousness and discharge this excess at a rate similar to the rate experienced from the basin without development. The value of such detention facilities is discussed in Section 3.3.6. Any special design conditions which cannot be defined by these CRITERIA shall be reviewed by the Director of Engineering before proceeding with design. 14.2 DETENTION METHODS The various detention methods are defined on the basis of where the facility is constructed, such as open space detention, parking lot, underground or roof- top. The County permits all methods of detention except for rooftop (POLICY 3.3.6) . 14.3 DESIGN CRITERIA 14.3.1 Volume and Release Rates The minimum required volume shall be determined using the CUHP method or the following equations. These empirical equations were developed as part of the UD&FCD hydrology research program. Tile equations are based on a computer model- ing study and represent average conditions. One of the most difficult aspects of storm drainage is obtaining consistent results between various methods for estimating detention requirements. These equations will provide consistent and more effective approaches to the sizing cf onsite detention ponds. For larger water sheds where the Colorado Urban Hydrograph procedure can be used (i.e. , ±90 acres) , hydrograph routing procedures will be permitted in the design of these ponds, provided the historic imperviousness of two percent or less is used. Minimum Detention Volume: V = RA (Equation 1404) For the 100 year, 1'100 = (1.78I - 0.002I2 - 3.56)/1000 (Equation 1405) For the 10 year, K10 = (0.951 - 1.90)/1000 (Equation 1406) Where V = required volume for the 100 or 10 year storm (acre-feet) 14I- P_CSDDTC February 1989 Developed basin imperviousness (%) A = Tributary area (Acres) The maximum release rates at the ponding depths corresponding to the 10 and 100 year volumes are as follows: ALLOWABLE RELEASES RATES FOR DETENTION PONDS - CFS/ACRE SOIL GROUP CONTROL FREQUENCY _ A B C & D 10 year 0.13 0.23 0.30 100 year 0.50 0.85 1.00 The predominate soil group for the total basin area tributary to the detention pond shall be used for determining the allowable release rate. Information on the soils in the County can be found in Reference 25. 14.3.2 Design Frequency All detention facilities are to be designed for two storm frequencies: the 10 year and the 100 year recurrence interval floods. 14.3.3 Hydraulic Design Hydraulic design data for sizing of detention facilities outlet works is as follows: t.., 1. Weir flow The general form of the equation for horizontal crested weirs is: Q = CLH3/2 (Equation 1401) Where Q = discharge (cfs) C = weir coefficient (Table 1401) L = horizontal length (feet) H = total energy head (feet) Another common weir is the v-notch, whose equation is as follows: Q = 2.5 tan (0/2)H5/2 (Equation 1402) Where 0 = angle of the notch at the apex (degrees) When designing or evaluating weir flow, the effects of submergence must be considered. A single check on submergence can be made by comparing the tailwater to the headwater depth. The example calculation for a weir design on Figure 1403 illustrates the submergence check. 14-I ACSDDTC February 1989 2„ Orifice Flow The equation governing the orifice opening and plate is the orifice flow equation: 1 /2 q = tdA (2gh) (Equation. 1403) Where 6 Flow (efs) Cd = Orifice coefficient A = Area (ft2) g = Gravitational constant = 32.2 ft/sec` h = Head on orifice measured from centerline of orifice (ft) An orifice coefficient (C--sub d) value of 0.65 shall be used for sizing of square edged orifice openings and plates. 14.4 DESIGN STANDARDS FOR OPEN SPACE DETENTION 14.4.1 State Engineer's Office Any dam constructed for the purpose of storing water, with a surface area, volume, or dam height as specified in Colorado Revised Statues 37-87-105 as amended, shall require the approval of the plans by the State Engineer's Office. All detention storage areas shall be designed and constructed in accordance with these CRITERIA. Those facilities subject to state statutes shall be designed and constructed in accordance with the criteria of the state. 14.4.2 Grading Requirements Slopes on earthern embankments less than 5 feet in height shall not be steeper than 4 (horizontal) to 1 (vertical) . For embankment heights between 5 feet and 10 feet, the slopes shall not be steeper than 3 (horizontal) to 1 (vertical) , but the horizontal distance of the slope shall not be less than 20 feet. For embankments greater than 10 feet in height, the slopes shall be such to maintain slope stability, but the horizontal distance of the slope shall not be less than 30 feet. Contact the Director of Engineering for additional requirements for embankments greater than 10 feet in height. All earthen slopes shall be covered with topsoil and revegetated with grass. Slopes on riprapped earthern embankments shall not be steeper than 3 (horizontal) to 1 (vertical) . For grassed detention facilities, the minimum bottom slope shall be 0.5 percent measured perpendicular to the trickle channel. 14.4.3 Freeboard Requirements The minimum required freeboard for open space detention facilities is 1 .0 foot above the computed 100 year water surface elevation. 14.4.4 Trickle Flow Control All grassed bottom detention ponds shall include a concrete trickle channel or equivalent performing materials and design. Trickle flow criteria is presented in Section 7.4.2.6(a) , page 7-5. r 14-3 ACSDDTC February 1989 ICI I F t w-siA I _! I I� , ' 'II I I I I x ,1l; r ! F; IIJg tl H II I t'. I I NI ¢a \:::: . sgh , ! I I �Il 'I I ;p C, tit' a�: !! 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Wit wl Ih �■IlO wY INIII IIIIIWWIIriI ■I I !.I�YII IIYII �I�I�IIYAIWII �WWI YYYII ICI 11141 ��yy Ii {ww IWn�RI111W ml i WYIIIIuilll III IYNIII,INIi r-`, {I tH.---- I I , ' II ',I I IIII�Ifd lllI�I ' II I I!'I I hill!: I''Il II.ill .i I,IIII ,II, III' 111+111 i,I: I , eTh Cho pY RELINQUISHMENT AND QUITCLAIM THIS RELINQUISHMENT AND QUITCLAIM made this 2 3 'd day of 3aA)OA Ill , 2002, by and between RME LAND CORP., formerly known as Union Pacific Land kesources Corporation, with an address of Post Office Box 1330, Houston, Texas 77251-1330, ("RME Land")and GUY D. JENSEN with an address of 6707 WCR 23, Fort Lupton, Colorado 80621(hereinafter "GRANTEE"). WITNESSETH: RECITALS 1. The lands which are the subject of this Relinquishment and Quitclaim are the lands that are described on attached Exhibit A and are hereinafter referred to as the "Subject Lands." 2. By deed dated September 21, 1909,recorded on October 18, 1909 in the Office of the Clerk and Recorder of Weld County in Book 233, Page 251, Union Pacific Railroad Company conveyed to Theodore Taylor certain real estate in Weld County, Colorado, a portion of which are the Subject Lands. Said deed was made subject to the reservation by the grantor of, among other things, "(a)11 oil, coal and other minerals within or underlying said lands." 3. By quitclaim deed dated April 1, 1971 recorded on April 14, 1971 in the Office of the Clerk and Recorder of Weld County in Book 644, Reception No. 1565712, Union Pacific Railroad Company quitclaimed to Union Pacific Land Resources Corporation, all of its right, title, and interest in and to certain real estate in Weld County, Colorado, a portion of which was the Subject Lands. 4. This Relinquishment and Quitclaim relates to surface entry only for the minerals, exclusive of oil, gas and associated liquid hydrocarbons that RME Land owns in the Subject Lands. The minerals exclusive of oil, gas and associated liquid hydrocarbons are hereinafter referred to as "Minerals." Page 1 of 4 o RELINQUISHMENT AND QUITCLAIM NOW THEREFORE, RME Land, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to it paid, the receipt of which is hereby acknowledged,has RELINQUISHED and forever QUITCLAIMED, and by these presents does RELINQUISH and forever QUITCLAIM unto GRANTEE, its grantees, successors and assigns, with respect to the Minerals that RME Land owns in the Subject Lands only, the right to enter upon the surface of the Subject Lands to explore for and remove the Minerals by virtue of the reservation contained in the deed described in paragraph 2, it being the intent hereof to relinquish only the right to enter upon the surface of the Subject Lands to explore for and remove the Minerals, and to leave in full force and effect all other rights reserved to Union Pacific Railroad Company in that deed, it being expressly understood that the title of RME Land to the Minerals shall be in no way affected and that RME Land and any lessee, licensee, successor or assign of RME Land shall have the right to remove such Minerals from the Subject Lands by subterranean entries or by any other means of operations conducted on the surface of other lands or otherwise by any means or methods suitable to RME Land or its lessees, licensees, successors and assigns, but without entering upon or using the surface of the Subject Lands, and in such manner as not to damage the surface of the Subject Lands or to interfere with the use thereof by GRANTEE, its grantees, successors and assigns. This Relinquishment and Quitclaim is made subject to the specific understanding that all of the terms, conditions, provisions and reservations contained in the deed dated September 21, 1909 referenced in paragraph 2 and not heretofore relinquished shall continue in full force and effect with respect to all lands conveyed thereby and not covered by this Relinquishment and Quitclaim, and it is further specifically understood that all the terms, conditions, provisions and reservations contained in that deed and not relinquished hereunder shall continue in full force and effect with respect to the Subject Lands. IN WITNESS WHEREOF, RME Land has executed this Relinquishment and Quitclaim on the date first written above. RME LAND CORP. By "ikttorney—iii-gast ivy V }144); Page 2 of 4 ©On • STATE OF TEXAS ) ss. COUNTY OF HARRIS ) The foregoing instrument was acknowledged before me this . a..fiAti day of , 2002, by r I L. Alcsst/2aAr , as Attorney in Fact for RME A D CO Vice iji&s. ✓T Witness my hand and offi`it° MARILYN PRESGROVE • Notary Public,State of Texas • `�'rV �t My Commission Ewires S00.10,2002 My Commission Expires: \ . Nota Y Page 3 of 4 n COPY EXHIBIT A to Relinquishment and Quitclaim dated //z3 2002, Between RME Land Corp., and Guy D. Jensen Legal Description Township 2 North, Range 67 West Lot"B" of Recorded Exemption RE-2303,being part of the East 1/2 of the Northeast 1/4 of Section 35. C Page 4 of 4 CEOFY SURFACE USE AGREEMENT THIS SURFACE USE AGREEMENT("Agreement")is made and entered into this 15th day of March,2002 by and among RME PETROLEUM COMPANY,formerly known as Union Pacific Resources Company, RME LAND CORP., formerly known as Union Pacific Land Resources Corporation(together the"RME entities"),both with an address of P.O.Box 1330,Houston, Texas 77251-1330, K.P. KAUFFMAN COMPANY, INC. ("KPK") with an address of 1675 Broadway, Suite 2800, Denver, Colorado 80202, KERR-McGEE ROCKY MOUNTAIN CORPORATION, ("KM") with an address of 1999 Broadway, Suite 3600, Denver, Colorado 80202 and GUY D. JENSEN ("Jensen") with an address of 6707 WCR 23, Fort Lupton, Colorado 80621. A. Jensen owns the surface estate for property identified as Lots 1, 2, 3 and 4 on Exhibit A attached hereto which is a portion of the SE4NE4 of Section 35,Township 2 North,Range 67 West, located in Weld County, Colorado ("Property");provided however, the term "Property"as used in this Surface Use Agreement does not include those areas listed as Lot A of RE40 and Lot A of RE2303 on the attached Exhibit A. B. RME Petroleum ("RME Petroleum") and RME Land Corp. ("RME Land") own all of the minerals that underlie the Property. C. RME Petroleum owns the oil,gas and associated liquid hydrocarbons under the Property,and RME Land owns all of the minerals, including the coal, exclusive of oil, gas and associated liquid hydrocarbons, and also a reversionary interest in the oil, gas and associated liquid hydrocarbons. D. RME Petroleum, or a predecessor company, as owner of the oil and gas estate, has granted certain oil and gas leases for the Property, interests in which have been assigned to KPK and KM (hereafter the RME entities, KPK and KM are sometimes referred to collectively as the "Oil Companies"). E. KPK operates an oil and gas well immediately adjacent to and west of the Property in a legal location for the center of the SE4NE4 and known as the UPRR 42 Pan Am AF2 ("Existing Well"). KM has the right to develop its oil and gas leasehold estate by drilling additional wells which may be located on the Property pursuant to current rules and regulations of the Colorado Oil and Gas Conservation Commission ("COGCC"). F. This Agreement is limited to the compatible development ofthe surface estate and the oil and gas estate of the Property. It does not in any respect apply to the minerals other than the oil, gas and associated liquid hydrocarbons owned by RME Land which are the subject of a separate agreement. NOW THEREFORE,in consideration ofthe covenants and mutual promises set forth in this Agreement, including in the recitals, the parties agree as follows: 1. Drillsite and Production Site Locations. The Oil Companies agree that they shall not drill oil and gas wells on the Property. The Oil Companies shall continue to have the right to locate associated production equipment on the Property in consultation with the party which then owns the surface. c FY 2. Drillsite Size. Jensen agrees and understands that the Oil Companies require a certain amount of surface area to safely drill, deepen, workover, operate and maintain each well or to drill a twin well and agrees that space reserved by the Oil Companies for such operations shall include an area which is defined by a circle with the Existing Well at the center and extending to a radius of 150 feet from the Existing Well ("Drillsite"). Jensen agrees to build nothing either above or below the surface in the Drillsite as depicted on Exhibit A, save and except existing fences, which the Oil Companies shall have the right to remove and replace at their sole expense as needed for operations within the Drillsite. 3. Waiver of Setback Requirements. Jensen understands and acknowledges that the COGCC has rules and regulations that apply to the distance between a wellhead and public roads,production facilities, building units and surface property lines, among other things. Jensen hereby waives all setback requirements in COGCC Rule 603, or any successor rule or amendment to the COGCC setback rules, and to any other state or local setback requirements that are or become inconsistent with this Agreement or that would prohibit or interfere with the rights of the Oil Companies to explore for and produce the oil and gas on lands adjacent to the Property and in accordance with this Agreement. Jensen understands that the Oil Companies may cite the waiver in this paragraph 3 in order to obtain a location requirement exception or variance under COGCC rules or from a local jurisdiction. 4. Successors and Assigns. This Agreement and all of the covenants in it shall be binding upon the personal representatives,heirs,successors and assigns and subsequent lessees of all of the parties, and the benefits of this Agreement shall inure to their personal representatives,heirs,successors and assigns and subsequent lessees. This Agreement and all of the covenants in it shall be covenants running with the land. 5. Recording. The Oil Companies shall record this Agreement with the Clerk and Recorder of Weld County within fifteen days after it is executed by Jensen. 6. Governing Law. The validity, interpretation and performance of this Agreement shall be governed and construed in accordance with the laws of the State of Colorado. 7. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with such laws; however, the remainder of this Agreement shall be in full force and effect. In the event that any part of this Agreement would otherwise be unenforceable or in conflict with applicable laws due to the term or period for which such part is in effect,the term or period for which such part of this Agreement shall be in effect shall be limited to the longest period allowable which does not cause such part to be unenforceable or in conflict with applicable laws: 8. Individual Liability of Oil Companies. Nothing in this Agreement is intended to create a cause of action by any Oil Company against any other Oil Company or to enlargeor diminish any right or interest created by any agreement or lease between or among the Oil Companies to perform any obligation. The liability of the Oil Companies to perform any obligation hereunder or to comply with any agreement included herein is individual and several and not joint or collective. 2 9. Notices. Any notice or communication required,or permitted by this Agreement shall be given in writing either by(a)personal delivery;(b)expedited delivery service with proof of delivery; (c)United States mail,postage prepaid,and registered or certified mail with return receipt requested; or(d) prepaid telecopy or fax, the receipt of which shall be acknowledged, addressed as follows: RME Petroleum RME Petroleum Company or RME Land: c/o Anadarko Petroleum Corporation Attention: Land Manager- Rockies Division P.O. Box 1330 • Houston, Texas 77251-1330 KPK: K.P. Kauffman Company, Inc. Attention: Denver Basin Land Manager 1675 Broadway, Suite 2800 Denver, Colorado 80202 KM: Kerr-McGee Rocky Mountain Corporation Attention: Denver Area Land Manager 1999 Broadway, Suite 3600 Denver, Colorado 80202 Er` Jensen: Guy D. Jensen 6707 WCR 23 Fort Lupton, Colorado 80621 10. Incorporation by Reference. Exhibit A is incorporated into this Agreement by reference. 11. Counterpart Executions. This Agreement may be executed in counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be executed by a duly authorized representative on the date and year first above written. RME PETROLEUM COMPANY RME LAND CORP. By: By: Attorney-in-Fact Attorney-in-Fact 3 K.P. KAUFFMAN COMPANY, INC. KERR-McGEE ROCKY MOUNTAIN CORPORATION By: By: Its: Janet Pasque, Vice President G . en 4 M ©0711 r-� ACKNOWLEDGMENTS STATE OF TEXAS ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this_day of , 2002, by , as Attorney-in-Fact for RME PETROLEUM COMPANY. Witness my hand and official seal. My Commission Expires: Notary Public STATE OF TEXAS ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this_day of , 2002, by , as Attorney-in-Fact for RME LAND CORP. Witness my hand and official seal. My Commission Expires: Notary Public r^ 5 ©On � UM STATE OF COLORADO ) ) ss. COUNTY OF ) 49P/ The foregoing instrument was personally acknowledged before me this day of / , 2002, by Guy D. Jensen, individually. pRY PU Witness my hand and official seal. KIRK `• My Commission Expires: //— 2 O — o,..5.- ^ ,, GOBLE :o F FOCO0,. Nate lic STATE OF COLORADO ) ) ss. COUNTY OF ) '1 The foregoing instrument was acknowledged before me this_day of , 2002,by as for K.P. KAUFFMAN COMPANY, INC. Witness my hand and official seal. My Commission Expires: • Notary Public STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2002, by Janet Pasque, as Vice President of KERR-McGEE ROCKY MOUNTAIN CORPORATION. Witness my hand and official seal. My Commission Expires: r Notary Public SAM LS Use AgreementRev-3.wpd 6 � 7 � \...___ J --� EXHIBIT A to Surface Use Agreement Among RME Petroleum Company, RME Land Corp., K.P. Kauffman Company, Inc., Kerr-McGee Rocky Mountain Corporation and Guy D. Jensen Legal Description „U00k-Plitt„ talcum wegiE 4078E go.o4 �Mp,a'E ma, in r--i - N 4"s LOT ; 0 w,rotc.E 1 ..„ Or Q 8744 N7z 6'0VE 100 51.,` CONTAINS: 4:_ _ II/ 0 i MAO �40 OM vears n28 AC. +/— wad l I CC i•'- iF T O `\ P i2 L mot \_1-2.74 Senn" I I } 1°' 111--- \ — L—o�J e4 1 —s—�wyeyx -- I I{--97.41 , '41 -82{..77)'ilia sera". , z . , ,'' -, 1 r c�J°• r i Ipg \�` , —�• a rrcu L-0 0242 4 , , 1 Id U 1 LR78 LOT AT LOTA ' I 25 p 0 O F W,DI OF P I i '� Si § J • 3Ro 40ACRE5 mIN RE2303 1 LOT 5 8 LOT ; LOT I & , w to 0 h.2 5.011 ACRES , 2 i s 3 4 a 13 x 4. Ig ( CONTAINS: I CONTAINS: I CONTAINS: IUNPLATTED" 14.017 AC. +/-1 3.879 AC. +/- 3.762 1 (NOT PART OF SUBDIVISION) I I I AC. +/- ,, FtTO OE CEDCAIED ICAO 2J wIIw. I vnrtr• A Fol MOD cart I I I I IPli I r "�t I "zo § I I k� b —L— I usrtscaves a Cr 1 �.- q q q� b' ■/L— --L L1q ^' qqLtattl.0 2..Yl 180.00 —L ]2x00, A ewo<emf.)n.588-487S'MN89'i8_35'( 1317.46 / -sar4gssw -„"._ — - - EAST-E46r t/fo N— mo 2 ROAD 14 1/2 "`"" 7 Hello