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Home My WebLink About20010985.tiff Todd Hodges Design, LLC March 26, 2OO1 Weld County Planning Attn.: Sheri Lockman 1555 N. 17th Avenue Greeley, Colorado 8O63 I RE: Case Number Z-547 for Owl Creek Acres PUD Dear Ms. Lockman: This letter is in response to the conditions of approval I A through I D, 3A(3) and 3C in the Planning Commission resolution for Z-547, Owl Creek Estates PUD. Enclosed are items that you should find meet the criteria of the conditions so that we may go forward and be scheduled before the Board of County Commissioners for a final resolution on Z- 547. I have attached the following items or have comments addressing the conditions: I . Condition I A — Attached is a letter from Lyco Energy Corporation indicating that they have no objection to this proposal. Also, attached is a surface agreement between the property owner and hIS Resources Inc. The surface agreement protects the existing well and tank area, as well as, sets aside a future drilling site. Also enclosed is a revised COZ plat that delineates the items within the surface agreement. 2. Condition 1B — The applicant has chosen to not propose structures within the open space at this time but would like to keep the opportunity open for future homeowners of the site. The type of structure or structures in mind would be consistent with a barn or loafing shed in the agricultural zone district that would be used for storage of equipment, feed or used as shelter for animals. 3. Condition IC 4 3A(3) — A copy of the approved Colorado Department of Transportation access permits for the proposed roadway and the existing access are enclosed. The existing access is permitted to be used for agriculturaVoil 4 gas uses only. Based on the fact that the access points to this proposal are within the jurisdiction of the Colorado Department of Transportation and not the Weld County Public Works Department, the approved access permits should take care of condition of approval 3A(3). EX B IT COZ *547 2412 Denby Court • Fort Collins, Colorado 80526 • (970) 207-0272 •,fax (561) 82 -8039 email: toddhodgesdesign(gearthlink.net 2001-0985 ` Todd Hodges Design, LLC 4. Condition I D — A copy of the letter dated January I I , 200 I from the Colorado Division of Water Resources. The State Engineer's letter clearly states that it is the opinion of the State Engineer's Office that this proposal will not cause material injury to existing water rights and is expected to be adequate for customary residential use. A copy of an approved well permit is also attached. 5. Condition 3C Si 3D(I) — The applicant has decided to go with the animal units by right in the agricultural and estate zone districts for the alpacas. The proposed Weld County Code changes will allow adequate numbers for alpacas. Based on this minor change in the proposal, conditions of approval 3C and 3D( I b) should be deleted. I appreciate staff's patience in the matter of the applicant providing items prior to scheduling before the Weld County Commissioners. The applicant has worked very diligently since the approval by the Planning Commission to obtain the items enclosed for your review. If you have any questions or need any further information, I may be contacted at the number, email or address below. Sincerely, Todd A. Hodg , ASLA TODD HODGES DESIGN, LLC Enclosures PC: Bryan Hegwood Cc: Project File Number Bhe990 I COZ 2412 Denby Court • Fort Collins, Colorado 80526 • (970) 207-0272 •fax (561) 828-8059 email: toddhodgesdesign(a:earthlink.net STATE OF COLORADO '' OFFICE OF THE STATE ENGINEER °F_ep<o Division of Water Resources Weld County Planning Dept. ��' rb Department of Natural Resources y`'�° . t i . 1313 Sherman doStreet, 80 Room 818 a 2001 �t k Denver,Colorado 80203 ;.AN 16 -,876- Phone:(303)866-3581 FAX:(303)866-3589 ECEIVED Bill Owens http://water.state.co.us/default.htm Governor Greg E.Walther Executive Director Hal D.Simpson,P.E. State Engineer January 11, 2001 Ms. Sheri Lockman Weld County Planning Dept. 1555 N. 17th Ave. Greeley, CO 80631 RE: Reevaluation of Irrigation Water Supply and Use of Wells Owl Creek Acres Subdivision, Z-547 Sec. 16, T. 6 N., R. 64 W., 6th P.M. Water Division 1, Water District 1 r Dear Ms. Lockman: In letters dated August 3, 2000, and September 8, 2000, we previously reviewed and commented on the above-referenced proposal to subdivide 75.34 acres into 7 residential lots, including one agricultural-zoned lot. The originally-proposed water sources were North Weld County Water District and a well for fire protection use only. In the September letter, the State Engineer's Office offered the opinion that the proposed water supply will not cause material injury to existing water rights, and with North Weld Water District serving the proposal, the supply is expected to be adequate for "customary residential use" on the seven lots. However, the Division reserved judgment on the adequacy of any water supply to serve landscaping or irrigation needs. Since our September letter, the applicant and his consultant provided additional information (enclosed) on the irrigation water supply, as well as the intention to use a well for 1/10-acre of irrigation (trees on lots 1-6), referring to Well Permit No. 228115, permitted on August 18, 2000. According to documents submitted and conversations with the applicant and his consultant, the applicant currently irrigates the area that is proposed as the "agricultural-zoned lot," using Cert. #5541 for two shares of Larimer and Weld Irrigation Co. water, with associated carrier rights from Certificate #1574 for three shares of Owl Creek Supply & Irrigation and Certificate #388 for three shares of Decker Lateral Co. Donn Engel, Secretary for the Irrigation Office, indicated in a telephone conversation that the Larimer and Weld Irrigation Co. shares yield an average of 20-30 AF/share, giving the applicant approximately 40-60 AF/yr. The applicant also has the ability to rent additional water when it is available. 2 EXHIBIT r C0Z #5417 y Ms. Sheri Lockman Page 2 Owl Creek Acres Subdivision - Reevaluation January 11, 2001 Based upon the reported historical irrigation and ability to rent additional water, and the stated share yield, and pursuant to Section 30-28-136(1)(h)(I), C.R.S., it is our opinion that the proposed water supply is adequate for irrigation needs on the agricultural lot and can be provided without causing injury to decreed water rights. However, the applicant's intent to use either Well Permit No. 228114 or 228115, issued August 18, 2000, to serve the landscaping irrigation needs of the development does not meet the intention of the statute under which the well permits were issued. Pursuant to 37-92-602(6), C.R.S., "the exemptions set forth in this section are intended to allow citizens to obtain a water supply where other water supplies are not available." By having secured North Weld County Water District water to supply all seven residences, and committing the surface rights to the agricultural lot, this provision appears to no longer apply. Pursuant to a January 10, 2001, telephone conversation between the Division and the applicant, since it is unfeasible to obtain an alternate fire protection water supply at this location, the applicant will apply for fire protection use only wells and has agreed to request cancellation of the existing well permits at that time. If you have any questions, please contact Kathleen Sullivan of this office. Sincerely, 7L-ace. 7 Kenneth W. Knox Assistant State Engineer Enclosures (a/s) Cc (w/o enc.) : Brian Hegwood, Affordable Country Homes/Owl Creek Acres Todd Hodges, Todd Hodges Design, LLC Richard Stenzel, Division Engineer Water Supply Branch Subdivision file File Well Permit Nos. 228114 & 228115 Files KWK/kls:S:\Common\TEAM1\SUBDIV\Owl Creek Acres#3-Weld County.doc FROM : AFFORDABLE COUNTRY HOMES BRIAN PHONE NO. : 970 395 0772 Nov. 22 2000 10:20aM P1 kali le 6r) S vet OWL CREEK ACRES PUD water & carrier rights lots er 1 thru 6 rwights s Lots they can 6 estate or lots bu wrll irrigation tn weld be so seeded with rent ri at grasses. open space will beiseeed pasture pasture grasses , be seeded with nonirrigated p trees and land land scapeing will cosist of trees 1 /10 acre, scaping, open space are within the 1 thru 6 well tatellotsoand will be irrigated with a well permithis ed for fire protection.Lot 7 ag lot will have carrier rights to irrigate with attatched is a copy of those rights, lot 7 is also on north weld water. lfc(7A lecei ° 12-12 ec.:7 (- to"? �� 2W5 RECEIVED NOV 22 2008 WATER RESOURCES STATE ENGINEER — From Todd Hodges Design to 1-303-866-3589 at 11/20/00 4:42 PM Pg 002/002 Z a>sr�a ya� aaY�� ''(' L L !sd fy��H l�s� ZLLB GCE. 66 . 273 .PE a t•Tr F1;.l5TdETRRCECis aginh At '',? l ib r iefEr. 514 fa/eat/4 . grit aPaYR&raa PNWG ra4l 6 T .TDTALACREAgE 7L • s rwalel Of LOTS PROP 7 Par lap Warn LOTS _PARCEL WHIM_PMaaa atoll=Ws if LAS.Wm n sit Mb=r/r*w .watlw. .,......_....ii Wit m reavded.t awY Own,lase I.1FZt� YES AND _.—...._ Dos 2.pool...L.wrn-1daaide 'Intros a : a Urn XIV0NO a no.sand fl prologs odae _ ' ��ei ¢',.r A Son' !!Vag*Of PARCEL-Main mu deliae$N ft paler.mai an to wa*main ewe. kW_tit OF IN i=RAJ • 4, _E.110.141510 OP Mill! 6 H dO t X'w MAL IIEP,IDIAt cir ITFN OM I—.• WE v O$TA:A a !U1'•Iaalim el.D was se peony teal in SOH ant;nit naaiwa Pteeltt. Saw PMbet7..twr 12 Ns S'wt auUd bid lmin*web a Ys 0 Na ESTWATEO;:-.: NEm1R1EMSNTS_hew MA R kn Fa.N"tot pt. 111111.APPLY SDLtlIGF - 6 e.,�• . 0 Pf 0 "065.0FES.81318 SPR:SC i *Nt%'gkit5- y *M EC USE P M.axle _.._ye • -l ._ 4 ;slHl Mir?minas PIMP MAC-UM a i O.Lau orreAIMS ng 229Iitf Guam., G:.RlAWf . (teISgJJIiL mt a!AF. ,`.,•_pi, _ AF ! ! %non., t,.�.n:uene "' �7Ytlr 1. rsrA� guns jaiSATI I t let erns . ` .�� tF me 4 Mg WATERING t_ Weed an �1 AF 1 O ylxCIPAI< . ; ;: ASOGCNr1NRi WATER turns aECREE tine 9n q LAM __.APO AP O COMPANY : re ru __ _ePe 7 AF NAME Nw¢ i I,ve%� .term OF CONNRUEN.... . ___._ wet usages • I SOM *PIS r.va CIMUR5 MATER SUPPLY SPORT ..'{4 HS Cl NE 3 YF6 PIWI FORWAlta Hp mis MIL;:a.M Pr.q.e ban....r:n oiSI: P , a ;Hi Of SEWAGE DWELL swat .....— — _.— _ . re WITLEACH HELD 0 tuflRet PM•DISTINCT MINE^_. LAGOON 0 MU A -LDCATWN SEWAGE WS M a daGNliRED S(flP A w•.ow;w eprwn...l, L OW — il av�a "V" ` ,L C' Id wdet:1D 0202 CT •m5 ate ssz elb : •w 3N0Hd NUMB S3CH A≥W'fW 31HEIGHWAI : Woad From Todd Hodges Design to 1-303-OGG-3589 at 11/20/00 4;42 PM Pg 001/002 2412 Denby Ct. •.:-.......1:',. Fort Collins, CO 80526 . ...`; ,,,, ;v+ •fECEWWEE r2r.,,.,,."..... . ' ::.-" • : %'':,'r: Tel. : 970-207-0272 / ' "t1 t ENGINF` Fax :561-828-8059 Message : Kathleen: Attached is the water information sheet that Brian Hegwood sent sometime in September. Please review and let me know what you think. I will be out of the office for a death in the family until November 27, 2000. The property also has early carrying rights and the ability to rent additional water. If you have any questions, please call my cell at (970) 215-4311. I will call you November 27, 2000 when I return to the office and we can discuss the project prior to you sending a final response to the information. Have a good day and a good holiday! From : Todd Hodges Design, LLC To : Todd Hodges, ASLA, APA Kathleen Sullivan Date : 11/20/00 Page(s) : 2 FROM : Hr r Ur<LiHnut LUUN I r<r nun= ar<i Div rruiNZ wu. • ,(G cc rc I.L.'. as cr,UrJ o� corrc - IRRIGATION OFFICE 106 ELM STREET P.U. Roy 2013 TELEPHONE 454-39)7 EATON. COLORADO 00615 Larimer&Weld Irrigation Co. Lucas Lateral Ditch Co. Larlmer&Weld Reservoir Co. Town Boyd Lateral Co. Windsor Reservoir& Canal Cc. For Far Lateral Co. Owl Creek Supply&Irrgation Co. Gale Lateral Co. Cache La Poudre Water Users Assn. West Irrigation Co. Divide Canal& Reservoir Co. dECEIVET Decker Lateral Co. Graham Lateral CO. NOV 21 2000 TATEErc E, August 1, 1999 • Affordable Country Homes, LLC Brian Hegwood 2337 10th Street, #C Greeley, CO 80631 Dear Mr. Hegwood: You will find enclosed the following water stock certificates made out as directed: Cert. #5541 for two shares of Larimer and Weld Irrigation Co. Cert. #1574 for three shares of Owl Creek Supply & Irrigation Cert. #388 for three shares of Decker Lateral Co. Would you kindly sign and return the enclosed receipts. Sincerely, C�y1‘ Donn E. Engel Secretar These cert. will be dedicated to lot 7 ag lot, and a .0666667 % intrest in 1 share of Owl Creek and Irrigation Co, will be dedicated to lots 1 thu 6. lot 7 ag lot will retain the other 60 % of that share This will aloes lots 1 thru 6 to rent or buy water, ) ) v� �� .< -""1`,`i '- t+r to*-"''.�r—"R9,.ye�� s,' 'e �.,.--'-a. 2{€' aGr'�''" RL�C�c .f` .v _ �+ " ;�..,.Y' n '---.1.4;3;4-AL " 1 6�tA" +^,3�y : f3 �>' t 1,t "4a.n lsa.r,:, ! .� ��'c }� Jw- .,ry; �� a.T R it 3!3!iC`t`F , t ,t R��},�I r s �.' i � i:It?Y517 Jl�lS�7l 'F '63Yi------ �T'. ' 1 I ''?- r .lf44,7 / . j 't`^w-_ r! ��`, �1E$ a y, s� r� i 5 ZY'rr lii T& 4;1 ! 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H= ` <!�.,,,i F,_ THIS CERTIFIES THAT Affordable Country Homes, LLC 4 ° A r a}:• ) 5 { mE3 H •'• Z ` / H E ', :€'J Z � 1 c E 5 t 'r- u L am` a.c t" v�(3 EL � is the owner of 2 share s at ONE HUNDRED Dollars each in the Capital. Stock of THE en_T' I711 t _g., �' ?I LARIMER AND WELD IRRIGATION COMPANY, organized under the Laws of the State of Colorado. ~w o 5 � • ,n (> ; ' ,. Stock transferable upon the books of the company, in person or by attorney, on the surrender of this > } ,I r 2 Certificate, 11, 4', f? I e` I. 1 r te;°‘y`:F), j , WITNESS, the Seal of the Company, and the signatures of the President I s� ,-.a y 5 T v •. \' and Secretary, at Eaton, Colorado 21 _ day of July A.D. 19 99 ;� ; I o rya• r cgs! Secretary / MI : '- li President o ¢ ,. LL A Vr�.\^"r1 r / r1. ln,^ ,-- '-.. < ;'v.n--, )4 le cr. t® ;°�. } 'g�i ta+ 6 ••• 1y ' a� � �y ' 'a �r . h, , P9 �,� � �y₹ LE. ,." a d v F's s,_ `l' .,, e r�{ .__, �'trlrl Y s' �.;�aJ7 r raj n 4'l j, ."� + , 1 f s z;S �. -- Ls_ ) I ) ) 7 1 - , = r �/� /`f... i- i_ r s .s• r t i r-.�,� /.�C! / r.�; i -ri� U ti� ✓�r3' f .�.i 1.'#.c'._ �,y.. 'rz �+ -,� ,,Y `,{'ry ' _. U tll it a -t e `f dN � ,yyyo � /�.t 'fI^�Y ff' �' (.}ry �"Ldk ilK � 1 /la U"".� 1i' Tj r' ..• `'S,.-4 7 � �� ' ©{ `v� .'. a •Tyi�V� [' ' R � FJ 3 .Va rust' V j . c i 4 �3 ifs k i . Cfi Vr. a- ✓ {qt Sd.'") N�.'.;w`1... .u' ....✓._.0 � •<�✓..w..,_; .. -\P_A.. ...... ..:... J.J...rw\.Jv..Jv,J'.�`E Jv ,I✓.or..;l...� ..r t > 9 IfTw 7�e Si iR ybo :wonld eaLrctmnl Loon of Wt Bth of Ublonbe3� --sST^ r `'4 �,:Ly�itkii `‘gici LWB�P} 1, -! �'. -c '�C t� .. 1� 1� z £'! °zs ' ">•.f..� • ,e *� "S 6 ' ''r ..:'.h tai$ '' e`Ii . r.I % .',,4`1,4A!'" ,�. ( tl .c ° Q =r'rtiY� a'> .4\'c mix„:„., ,, h' •-- r S \ f � � ,E� 1 } / t ' 5 6) ti-1".. C 3.., :mod iz;:,, h r t .. YI1L td Y.5 s, . .i3'? 7.z. e i .. d b--6 t' Q t1 l lA L _ ry�1 $ 9_ t� ^q 1 pt. p _ti .- -ii f a•A, -E. v .)s-n,w . .-- ✓$-` ?.sue- s - +—q. = .. �. :i&-•_ Z. ":1 yr� 9 \>�.. .. 1 O ' a ir v" :•'+h ir ..Frs�:�.a tart 0 is .,y 3 +it of E > •.n,-. „i _ c _ 01 - e _ . ao p ;F ' 't n ° d a a 1 Lay #.rt+) r ° Affordable Country Homes — ----- e e a > bw m o 2 THIS CERTIFIES thatIr, co toE3 ' t 11 • Oi. \ L .- 6 1 O £O ' __ _ _. _ __—Jslhe Owner Of a T > a s ' c E`o . vt l .. cU 6 n,c t••• t v`7 _ l• ia`? 7 t a= THREE _ shares of the Capital Stock of THE OWL CREEK SUPPLY & IRRIGATION COMPANY, : P n l tip transferable only on the books of the Company in person, or by attorney on surrender of this certificate. This stock Is,_Ea 1 -.)17, j ;rl � So c c full paid and can only be assessed as now provided by law for the assessment of paid up stock in reservoir and ditch.,.' o ,cd"°'". I O �r � 43 a › companies. ; . , ✓ i } 7 �`c ° IN WITNESS WHEREOF, this certificate is signed by the President and Sege- , ,, - , ,o•` °Z ' g 5b tar and the seal of the said Company affixed at the office of the Company -1...):;',;" .16 4 z f; 7 u r S`� 19 a u °'i -c.,2— o E' in Eaton, Colorado, on this 21 „y J; 99 re 6 �_ , [fin• \ . , . . F O U ,tea �i-�/ �/ - <.,o:"S. '% .j O t CR TARP r PR DENT Is2f 11,x, _ _ ru�� f. Fi y�j' FAIxf"ti � � i E /�i '`%` LT.".T '��J\/`/�Jr - 6 t #x ?yrs ce 0.44.s... 1 r^'c FROM : AFFORDABLE COUNTRY HUMES bkiHN F'MUNt NU. : 7rb .377 byre rvoQ. el abbe e4•.54r1'I r• Attachment 1A i-. hn4atinn.Developer shall install.a system of carrier ditches such that all lots within the property will have irrigation water available to rent or buy.All lots within the property shall share in the cost incurred by the Association to pay assessments£or,and provide distribution of,irrigation water to allots.the cost incurred by the Association relative to irrigation water shall be nom by the owners of all loft according to rules establised by the Associaton.the owner of lot seven(7)will order the water for lots 1 that 6 until all lots have been sold,then one person will be apointed by the Association to order die irrigation water for lots 1 duds 6. Each lot I titer 6 will have 6.67%inmost in one currier right which will slow=Idol to rent or buy water and have it delivcrd to their lot lot 7 will own the other 60%of that carrier right and will order in all irrigation water for lot 7. Water is rented or orderd on a 24 hr bash,as it becomes available in farms.the schedule for lot owners use of irrigation water is as follows,the first 4 hrs goes to lot 1,the second'I hrs goes to lot 2 and so on and will rotate to the next lot owoerr at the b dining of each new day of water,exvnpla the second day of water the 5rst 4 hrs goes to lot 2,the second 4 hrs goes to lot 3 and so on.if slut owner dosen't want water or isn't redy for the water it goes to the next lot in line and contenucs w rotate as above.it is the resposability of each lot owner to be ready for the irrigation water.the person who orders the water will open the gate that serves lots 1 Ulm 6,it is op to each lot owner to be ready for the water and to open and close their damn or gate at their apointed time.additional ditches,if needed to service a particilar lot.shall be the sole resposihility of the lot nwner.the Association scion maintain,repeir,and replace carrier ditches,pipes,damns,gates,etc.off=each such facility bas been installed by the developer. easement for irrigation ditches are in open spaces and all lot liner,developer and association reserves the right to move the irrigation ditches if necissary to achieve opptimum water flow to each lot,even if crossing one lot to get to another.the owner of each lot with art entrance crossing a carrier ditch shall install a culvert al least twelve inches in diameter to accomodatc said carrier ditch.the Association shall be soley responsible for the repair,maintenance. alteration,enlsrgemau,replacemeat or improvement of the carrier ditch system provided however,that the cost of purchasing,lestaling.operating,repairing and the like,of any pumps,power sources,hoses,holding boxes, pipelines,or related equipment to provide the distribution of irrigation water from the carrier ditch onto cash lot shall be the sole responsibility of the owner of each such lot.tlu Association shall indemnify the developer against,and hold ; t harmless from , any liability whatever for any personal injury or property damage claim relating to the condition of said irrigation system, arising from any circumstance or incident occurring after the system is installed and ownership transferred to the lot owners .Lot owners shall retain the right to rent or purchase additional water ( above that supplied by the Association ) , in their own name , end the Association shall cooperate with each such owner of additional water in scheduling the use of water and in allowing such owners to use the carrier ditch system to receive such additional water , The Association 's Board of Directors shall have the right to make reasonable rules and regulations from time to time regarding the use of water and of the irrigation system , which rules and regulation shall be binding upon. the owners forthwith after notice to them of their adoption . The Association shall have the right to recover 'damages • and/or reasonable penalties from lot owners who do not promptly pay their portion of operating costs and maintenance on pump and well . The Association may refuse to allow water to he supplied to any lot owner who is two ( 2 ) months or more delinquent in the payment of assessment to the Association. Each lot within the Subdivision shall be subject to the rights of the Developer and the Association to enter Upon such lot , with such agents and equipment as may be necessary or desirable for the purposes of installing , maintaining , repairing, altering , enlarging , replacing, inspecting, or improving such ,irrigation system . Any owner who installs any pump , power source , hose , holding box , pipeline , or related equipment shall have no right whatever to affect adversely the flow of water and covenient use of the irrigation system for any other lot within the Subdivision . The provisions of ' this Section 3 . may he enforced by any affected lot owner( s ) and/or the Association . FROM : Rh-UKUHb Lt= I.UUN I K r murttn ere i Hri rrulvc ivu. . o I c u D.J ,r 'c c. Attachment 1 B FIRE PRT'ECTTQN:Developer shall install a system of fire protection,that will cosist of a well,a 4,000 gallon holding rank,a 15 gallon per minute pump, a 250 gallon per minute pump, overhead pipe to fill Gallon fire neck. lots 1 thru 6 shall share in the cost incurred by the Association to pay for electricity,umntr nanee,repair, and any other cost related to the fire petection system and shall be born by the owners of lots 1 thru 6.The Association shall be soley responsible for the repair,maintenance,alteration,enlargement,replacement,or improvement of the fire protection system. The Association shall indemnify the developer against,and hold u harmless from, any liability whatever for any personal injury or property damage claim relating to the condition of said fire protection system,arising from any circumstance or incident occurring after the system is installed.the Association's bord of directors after all lots have bccn sold,shall have the right to make reasonable rules and regulations from time to time regarding the use of water from the well, which rules and regulation shall be binding upon the owners forthwith aftt'notice to them of their adoption. the Association shall have thc right to recover damages and or reasonable penalties from lot owners who do not promptly pay their portion of operating cost and maintenance fore protection system. 1 share Owl Creek Supply & Irrigation Co. LOT Intrest in carrier Right 1 . 0666667 2 . 0666667 3 . 0666667 4 .0666667 5 . 0666667 6 \ .0666667 RC 1-075 . 6000000 l 1 . 0000000 j Form No. OFFICE OF THE STATE ENGINEER GWS-25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303)866-3581 857 WELL PERMIT NUMBER 228114 APPLICANT DIV. 1 WD 1 DES. BASIN MD APPROVED WELL LOCATION WELD COUNTY AFFORDABLE COUNTRY HOMES LLC NW 1/4 SE 1/4 Section 16 2337 10TH ST#C Township 6 N Range 64 W Sixth P.M. GREELEY, CO 80634- DISTANCES FROM SECTION LINES 2970 Ft. from North Section Line (970) 381-9054 2840 Ft. from West Section Line PERMIT TO CONSTRUCT A WELL ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A)as the only well on a tract of land of 38.00 acres described as that portion of the SE 1/4, Sec. 16, Twp. 6 N, Rng.64 W, Sixth P.M., Weld County, more particularly described as the N 1/2 of Lot Bon the attached exhibit A. 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than three(3)single family dwellings, the irrigation of not more than one(1)acre of home gardens and lawns, and the watering of domestic animals. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The return flow from the use of this well must be through an individual waste water disposal system of the non-evaporative type where the water is returned to the same stream system in which the well is located. 7) This well shall be constructed not more than 200 feet from the location specified on this permit S/i7/ce / APPROVED led ,a ) JSG Il State Engineer AUG 18 2000 By � �� n �f��y Receipt No.0463144 DATE ISSUED EXPIRATION DATE �JJ-f� 'I R 2 • RECEIVED The proposed use of well is 1 -3 fiomes and yards . JUL 1 8 ZOOO the first home built in 2001 with barn and 1 /3 acre yard. wprERpEsou"c.S later a caretaker home and barn 47p7E ENGINEER coio first home 3 , 500 sqft . barn 40/50 second home 1 , 700 sqft. barn 40/50 and 1 /3 acre yard. water rights : 2 shares of capital stock larimer and weld irrigation company. 3 shares of capital stock owl creek suply and irrigation company. 3 shares of capital stock decker lateral company. (Early water only) AFFORDABLE COUNTRY HOMES, LL.C 2337 10TH STREET #C GREELEY, CO 80631 • Form No. ' OFFICE OF THE STATE ENGINEER GWS-25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver. Colorado 80203 (303)866-3581 857 WELL PERMIT NUMBER 228115 APPLICANT DIV. 1 WD1 DES. BASIN MD APPROVED WELL LOCATION WELD COUNTY AFFORDABLE COUNTRY HOMES LLC SW 1/4 SE 1/4 Section 16 2337 10TH ST#C Township 6 N Range 64 W Sixth P.M. GREELEY, CO 80634- DISTANCES FROM SECTION LINES 640 Ft. from South Section Line (970) 381-9054 2840 Ft. from West Section Line PERMIT TO CONSTRUCT A WELL ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A)as the only well on a tract of land of 38.00 acres described as that portion of the SE 1/4, Sec. 16,Twp. 6 N, Rng.64 W, Sixth P.M., Weld County, more particularly described as the S 1/2 of Lot B or the attached exhibit A. 4) The use of ground water from this well is limited to fire protection,ordinary household purposes inside not more than three (3)single family dwellings, the irrigation of not more than one (1)acre of home gardens and lawns, and the watering of domestic animals. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The return flow from the use of this well must be through an individual waste water disposal system of the non-evaporative type where the water is returned to the same stream system in which the well is located. 7) This well shall be constructed not more than 200 feet from the location specified on this permi S/i7/o • APPROVED // '/� �� ' 3,0% JSG TTT!!! •W n State Engineer EXPI TION DATEAUG I R 201) Receipt No.0463146 DATE ISSUED AUG 1 8 2000 r .„ r , Weld County plahhitlg B@@t. tt=r 19k Davis Graham & Stubbs LLP RECEIVED December 15, 2000 Weld County Department of Planning Services 1555 North 17th Avenue Greeley, Colorado 80631 Re: Case Number 2-547:Owl Creek Subdivision Development in Section 16, part of the SE/4, Township 6 North, Range 64 West, Weld County, CO To Whom It May Concern: This law firm represents HS Resources,Inc.("HSR"). The purpose of this letter is to inform you of HSR's property rights that may be affected by proposed surface development in the southeast quarter(SE/4)of Section 16 on the above captioned lands (the"Property"). It is our understanding that the surface owner is currently seeking, or will be seeking, project approval from the Weld /'-• County Department of Planning Services. HSR currently owns oil and gas leases covering all or a portion of the Property,including at least one existing well and the right to explore and develop oil and gas reserves that underlie the Property. Enclosed is a copy of a Surface Use Notice which identifies the oil and gas leases covering the Property. Additionally, you should be aware of the allowable locations for future oil and gas development under Colorado Oil and Gas Conservation Commission Rule 318A. HSR believes that the oil and gas resources underlying the Property have significant value and is, therefore, concerned about any surface use or plan of use that would restrict or preclude the use and enjoyment of those rights by HSR. HSR is also concerned about the health and safety issues raised by any anticipated development. You are referred to the enclosed photographs showing the aftermath of a tank battery struck by lightning. Please note the distance that the destroyed battery traveled (158 feet). In these circumstances, HSR's preferred practice is to meet with and attempt to conclude a mutually acceptable surface use agreement with the surface owners or their agents. It has been HSR's experience that this not only avoids future conflicts between surface and mineral interest owners, but can also streamline Weld County's consideration of the developer's application. Although it is crucial that this process occur prior to approval of the developer's application, at the present time no such surface use agreements concerning HSR's rights to explore for oil and gas in Section 16 are in place. In the absence of any such agreements,HSR vigorously objects to any future outran 121809v1 3419/00899 Geoffrey H.Simon 303892-7419 . geoff.simon@dgslaw.com p�,A, . +� 1550 Seventeenth Street • Suite 500 • Denver,Colorado 80202 • 303 892 9400 • fax 303 893 1379 Cat #5y / www.dgslaw.com eTh December 15, 2000 Page 2 surface development that fails to recognize and accommodate HSR's access to, and utilization of, its valuable property rights in Section 16. HSR requests that Weld County take into consideration existing oil and gas development and the rights of HSR for future development prior to approving any development plan on the Property. Moreover, any future plans should incorporate and designate lands to be set aside for mineral development. HSR hopes to conclude mutually acceptable surface use agreements with the current or future surface owners of the property and looks forward to cooperating with the County to accomplish its land use planning goals. Very truly yours, Geoffrey H. Simon for DAVIS GRAHAM & STUBBS LLP r cc: Todd Hodges Jim Wason, HS Resources, Inc. 341899v1 12/9/00 111111111111111111111111 riI1111111III11111IIII iiii 2749057 02/10/2000 12:29P JA Sold Tsukamoto �S 1 1 of 1 R 5.00 D 0.00 Weld County CO NOTICE OF RIGIIT TO USE SURFACE OF LANDS THE UNDERSIGNED, James P. Wason, as Denver Basin Land Supervisor, of HS RESOURCES, INC., a Delaware corporation ("PISA"), whose address is 1999 Broadway, Suite 3600, Denver, Colorado 80202, on behalf of HSR, states as follows: HSR is the owner of, or has the right to, an undivided interest in and to that certain Oil and Gas Lease from the State of Colorado #75/8481-S, dated May 21, 1975, recorded in Book 1089 at Reception No. 2029774 of the Weld County records, as same may be amended, (hereinafter referred to as the"Oil and Gas Lease"). The undersigned is familiar with the terms and conditions of the Oil and Gas Lease and hereby confirms such as a valid and subsisting Oil and Gas Lease which are within or have been extended beyond their primary term by the actual drilling and production from a well or wells capable of producing oil and/or natural gas on lands covered by the Oil and Gas Lease or lands which have been pooled or unitized therewith. HSR, its agents, employees, designees, co-owners, successors and assigns hold certain rights to use and access the surface of the lands described below for the purpose of, among other things, DRILLING OR COMPLETION OPERATIONS OR CONTINUING ACTIVITIES FOR TFIE PRODUCTION OR TRANSPORTATION OF OIL, GAS, OR OTHER HYDROCARBONS OR PRODUCTS ASSOCIATED WITH THE FOREGOING INCLUDING, BUT NOT LIMITED TO, SURFACE USE, INGRESS TO, EGRESS FROM, AND CONSTRUCTION, MAINTENANCE, REPAIR, REPLACEMENT, AND MONITORING OF WELLS, LOCATIONS, EQUIPMENT, MUD AND RESERVE PITS, WELLI LEAD EQUIPMENT, SEPARATORS, TANK BATTERIES,PIPELINES, GATIIERING LINES, FLOWLINES, PIPELINE INTERCONNECTIONS,AND ANY AND ALL OTHER REASONABLEOR CUSTOMARY USES OF LAND RELATED TO SAID OPERATIONS OR ACTIVITIES. ALL OF SUCH SURFACE USES ARE SUBJECT TO TIE TERMS SET FORTH IN THE OIL AND GAS LEASE, AT LOCATIONS WITHIN THE FOLLOWING DESCRIBED LANDS: Township 6 North, Range 64 West, 6th P.M. Section 16: W/2SE/4; containing 80.00 acres, more or less NOTICE is hereby provided to all interested parties, including any surface owners, their heirs, assigns and successors-in-interest that HSR has an ongoing right to use the surface of the lands described above for any use as allowed by the Oil and Gas Lease now or at some future date. This Oil and Gas Lease may contain specific provisions restricting HSR's surface uses and occupancy. The provisions of this Oil and Gas Lease may be determined by examining the document as recorded on the Weld County records at the book and reception number provided hereinabove. This notice is intended to remain in force for as long as the Oil and Gas Lease, or any extensions or renewals thereof remain in effect as to the above described lands or any portion thereof. Flowever, nothing herein contained shall be construed to limit the rights or enlarge the obligations of I ISR or any other party owning an interest in said lands or Oil and Gas Lease. Further, this notice shall not be construed to modify or disclaim any interest HSR or any other party may have in any other valid lease or leases which along with the Oil and Gas Lease may form a part of a pooled or unitized area for an existing well or which may become part of a future spacing unit or pooled area or may actually cover an interest in the specific lands herein described. IIS RESOURCES,INC. 419, By: J,mes P. `t'son D. ver Ba n Land Supervisor STATE OF COLORADO ) ) ss CITY ANQp CO►INTY.OF DENVER ) Lit)6Pi ..... �•'�.,pa k The foregoing instrument was acknowledged before me this g „�� day of January, 2000, by James P. Wason, as Denver Basin Land Supervisor of HS Resources, Inc., a Del ware corporation. SAS'•.WIllt1W my hand and official seal. Alki\sr. ILO •.. -... , Notary Publi� Address: 1999 Broadway, Suite 3600 Denver, CO 80202 My Commission expires: -1y facIn EXHIBIT B Colorado Oil and Gas Conservation Commission GREATER WATTENBERG AREA Special Well Location Rule 318 A i^ 320 Acre Spacing Unit 400' 900' ❑ 480' -0-9201-0.- 460' ❑ 400' x 400' Sec._ - T N - R_W 800' x 800' 1000 Ft I Seale .Hanel Tank Battery hit by Lightning vptr 1 a _ .._ r �fCt� 4 .F•41 u1l .:.:,..ti gt c Original Location After Lightning Strike 4 158'*, \ / . Tank Battery completely destroyed by Lightning 1 _ ,�_ m z oo�� LYCO ENERGY CORPORATION John K. (Jack)Walker,Ill,CPL Consulting Landman December 4, 2000 Mr. Todd A. Hodges Todd Hodges Design, LLC 2412 Denby Court Fort Collins, CO 80256 Re: Case Z-547, Owl Creek Acres PUD located in the SE%SEY.of Section 16-T6N-R64W, 6'" P.M., Weld County, CO Dear Mr. Hodges: After review of your letter and plat forwarded to Lyco Energy Corporation under cover letter dated November 20, 2000, Lyco Energy Corporation, has no objection to your proposed plan of development for Owl Creek Acres. The restriction should cause no problems in future development drilling at a regular location in the SEY,SE%of said Section 16. For future reference please note that though your plat shows a 200 foot circle as a possible drilling location under Section 407 of the COGCC Rules, the area is actually a 200 foot by 200 foot square centered on the center of the quarter-quarter section. Thank you for your effort in responding to Lyco's concerns. Should you have any questions, please call me at the number below. Very truly yours, Lyco E y Corpora • Joh K. Walker, Ill Con ulting Landman cc: R. G. Moore, Jr. Patricia A. Scott Well File—State 81 #43-16 EXHIBIT Telephone: (214)890-4400 • Fax: (214)890-9917 • E-mail: jwalker@lycoenergy.com �n' 6688 North Central Expressway•Suite 1600•Dallas,Texas 75206-3927 lSy7 SURFACE USE AGREEMENT This Surface Use Agreement ("Agreement") is made this 9th day of March%2001, and is between HS Resources, Inc. ("HSR"), 1999 Broadway, Suite 3600, Denver, CO 80202, and Affordable County Homes, L.L.C. ("Surface Owner"), 2337 10th Street, No. C, Greeley, CO 80634. A. Surface Owner is the surface owner of a certain tract of land in Section 16 Township 6 North, Range 64 West, Weld County, Colorado (hereinafter referred to as the "Property"); B. Surface Owner's surface ownership of the Property is subject to the rights of the oil and gas mineral estate, which has been leased to Dean L. Cummins and is currently owned by HSR; C. Surface Owner has plans to develop the surface of the Property. D. HSR has the right to develop its oil and gas leasehold estate by drilling additional wells (hereinafter referred to as "Future Wells") on the Property and/or deepening, recompleting,or reworking the Howard State No. 1 well located in the SW/4 of the SE/4 of Section 16, Township 6 North, Range 64 West, Weld County, CO and any Future Wells on the Property E. This Agreement sets forth the parties' rights and obligations regarding the relationship between the development of the Property by Surface Owner and HSR's operation and development of its oil and gas leasehold estate. In consideration of the mutual covenants contained herein, and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I. AREAS RESERVED FOR FUTURE OPERATIONS. Surface Owner shall provide HSR the areas designated on Exhibit "A" for future oil and gas operations, including operations related to the Existing Well and any Future Wells (the "Oil and Gas Operations Areas") for any operations conducted by HSR in connection with the Existing Well and any Future Wells, including, but not limited to, production activities, workovcrs,well deepening; recompletions and fracturing. Except for the space included within the Oil and Gas Operations Areas and the access roads provided for in Section 4 below, HSR shall not occupy the surface of the Property for any Future Wells except in the event of an emergency or for reasonable incidental, temporary and non-damaging activities, and HSR shall be strictly and solely responsible for any damages that may occur as a result of HSR's activity on such portions of the Property. • DOS-WSutfsce Use Apr-rant-Owl Crne .DOC 3/8/014;17 PM Td Wdoa:S0 T003 3Z '-reW ZLL0 $62 0L6 : "ON 3D-Id NHI21H S3LJOH AJ1Nf10J 31HH1≥JJdM : WO21d OL 10 L:mod WO'fdff ha parawod 64099291-99:01 ZLLO96£0L6:wad Wd ES 170 Lo W(ZZ:pan!aDaN 2. WELL LOCATIONS. HSR shall have the right to drill Future Wells(including horizontal and directional wells that produce from and drain lands other than the Property) at any locations within the Oil and Gas Operations Areas designated for Future Wells as shown on Exhibit "A", so long as such locations are permitted locations under the then applicable well spacing regulations of the Colorado Oil and Gas Conservation Commission ("COGCC") or exceptions granted thereto by the Director of the COGCC, provided Surface Owner shall not protest or object to any such exception location. HSR shall not otherwise have the right to drill new wells on the Property. 3. SURFACE RECLAMATION AND SURFACE DAMAGES. Surface Owner shall bear all risk of loss for any reason with respect to any improvements constructed by Surface Owner or its assigns that are located within any Oil and Gas Operations Area, and Surface Owner hereby waives and releases HSR and its affiliates, shareholders, members, officers, agents, representatives, employees, successors and assigns, from any and all liability for any claims, damages or losses associated in any way with such improvements or surface damages thereon, regardless of'any negligence on the part of or on behalf of HSR or its affiliates, shareholders, members, officers, agents, representatives, employees, successors or assigns; provided, however, that HSR shall be responsible for loss of crops, if any, damaged by HSR in the course of its activities on the Property. In consideration of the parties' rights and obligations, as outlined herein, this Agreement shall constitute the agreement for surface damages required pursuant to the COGCC's Rules and Regulations or under any oil and gas lease covering the Property. 4. ACCESS HSR shall continue to use its existing casements for access to that portion of the Oil and Gas Operations Areas designated for operations around the Existing Well. Surface Owner shall provide HSR all necessary easements for access to the Oil and Gas Operations Areas designated for Future Wells as mutually agreed to by the parties. Such access for operations for any Future Wells shall extend from CO HWY 392 to the Oil and Gas Operations Areas substantially in the location depicted on Exhibit B. The access road shall be constructed at HSR's sole cost and expense. HSR shall maintain the access road at its sole cost during the period of time that HSR conducts operations within the Oil and Gas Operations Areas; however, Surface Owner shall be responsible for any damage caused by it or at its direction. Upon written request from HSR, Surface Owner shall promptly execute and record an easement and right of way in favor of HSR, granting it the rights of access specified in this Agreement. Within the Oil and Gas Operations Areas, HSR may locate any other roads as it determines convenient for its operations within the Area. 5. BATTERIES AND EQUIPMENT. IISR shall have the right to locate, build, repair and maintain tanks, separators, dehydrators, compressors and other equipment reasonably appropriate for the operation and production of any Future Wells and the Existing Well only within the Oil and Gas Operations Areas. With respect to HSR's equipment and facilities other than pipelines: 24 New?:SO IOOZ ZZ ZLLO 962 OL6 : 'OW 3JOHd t iI JE 63JOH A2LLWI10O 3166(180ddZ : WO≥d 01.10 Z gibed worxej a/,q paiaMod 6S0991919c:01 ZLL096C0L6:Wald ie Wd£5�YO l0' W"ZZ.PeA!e3ea a. HSR shall install and maintain,at its sole cost and expense, all fences around any Future Wells in compliance with the Rules and Regulations of the COGCC or as are mutually agreed to by Surface Owner and HSR; b. HSR shall install and maintain, at its sole cost and expense, all gates and locks nerns ry for the security of any wells or facilities in the Oil and Gas Operations Areas. Such gates and locks shall be the standard gates and locks used by HSR; c. HSR shall paint any production facilities for any wells, including wellhead guards, with paint that is approved by the COGCC;and d. Surface Owner may install and maintain, at its sole cost and expense, any landscaping around any wells, facilities and the Oil and Gas Operations Areas. Surface Owner chap not inhibit HSR's access or operations by landscaping or other improvements. 6. FLOWLINES AND PIPELINES. HSR shall have the right to lay and or replace any and all Bowlines and pipelines for gas and liquids necessary in connection with HSR's production and transportation of oil and gas from any wells on the Property. Flowlines and pipelines for Future Wells will be located in the Oil and Gas Operational Area. Surface Owner shall grant to HSR the rights-of-way needed by HSR for any new Bowlines or pipelines. All Bowlines and pipelines shall be located at a depth of approximately 48 inches from the surface. Flowlines are defined as those lines, which carry water or hydrocarbons from the wellhead to a production unit such as a separator. The construction and burying of Bowlines and pipelines shall be at the sole cost and expense of HSR or its gas purchaser. Should Surface Owner request the relocation of any Bowlines or pipelines on the Property, and HSR agrees to such relocation, Surface Owner shall be responsible for any and all relocation costs. Surface Owner shall maintain a minimum of 42 inches of cover over all pipelines and Bowlines during any of Surface Owner's operations. If said minimum is not maintained by Surface Owner during development of the surface of the subject property, then Surface Owner shall be responsible for any and all cost to have HSR maintain the line the minimum and maximum depths. Surface Owner and HSR shall consult and cooperate regarding their respective development plans. 7. NOTICE OF FUTURE OPERATIONS. HSR shall provide at least seven days prior written notice to Surface Owner of any operations in connection with the reworking, fracturing, deepening or other operation on the Exiting Well or Future Wells; provided, however, that HSR shall provide at least 30 days prior written notice to Surface Owner and/or any association formed by Surface Owner that is associated with the Property of the drilling of any Future Wells. Regardless of the foregoing notice requirements,HSR shall have immediate access in the event of an emergency. The notification of operations shall describe the following: 1. The proposed starting date for the proposed activity; 2. The proposed operations to be performed at the site; £d WdTZ:SO T003 3Z '4PW ZLLO 562 01.6 : 'ON 3NOHd NUJ aa S3WOH J,a1Nnop 31HF1GHOJid : WO?Jd pi.Jo£:e6ed woa•xyte Aq pais/nod 6908938199:01 ZLLOS6£0L6:mid Vold£S:40 IO RW'ZZ Teme08N 3. An approximate summary of the on-site equipment to be utilized;and 4. The approximate duration of the proposed activities. Not less than five working days prior to HSR's mobilization on the applicable Oil and Gas Operations Areas, either HSR or Surface Owner may request an on on-site meeting. The purpose of the meeting shall be to inform Surface Owner of the expected activity and to coordinate site access, hazards, barricades, restoration or any other issues that affect the use of and the safety of Surface Owner's development. 8.NOTICES TO HOMEOWNERS AND BUILDERS. Surface Owner shall furnish all buyers of the Property from Surface Owner with a plat or map showing the Oil and Gas Operations Areas. In addition, Surface Owner shall provide notice to all builders, homeowners and other buyers of the Property from Surface Owner and the homeowner associations that: a. Such buyers are not purchasing and do not own any interest in the oil and gas mineral estate; b. There may be ongoing oil and gas operations and production in the Oil and Gas Operations Areas on the surface of the Property,as well as operations around the Existing Well; c. There are likely to be additional Future Wells drilled and oil and gas operations and production on the surface of the Property in the Oil and Gas Operations Areas; r d. Future purchasers of all or a portion of the Property, as successors in interest to Surface Owner, will be acquiring a proportionate interest in Surface Owner's rights under this Agreement and assuming those obligations undertaken by Surface Owner pursuant to this Agreement;and e. Homeowner associations and buyers of individual lots or homes, as successors in interest to Surface Owner,will be acquiring a proportionate interest in Surface Owner's rights under this Agreement, and will be subject to the waivers contained in Sections 9 and 10 and the covenant contained in Section 11. 9. DRILLING AND COMPLETION OPERATIONS. HSR shall endeavor to diligently pursue any drilling operations to minimire the total time period and to avoid rig relocations or startup during the course of drilling. Surface Owner waives any objections to continuous (i.e., 24-hour) drilling operations. Surface Owner also waives any right to require that wellhead or production equipment be located in conformance with any setback requirements (including but not limited to those concerning any "high density" Rules of the COGCC)that are more restrictive than those specified in Section 10 or as depicted on Exhibit "A". Subject to the waiver of setback requirements as set forth above, HSR shall conduct its operations in compliance with the provisions of the Rules and Regulations of the COGCC set forth in Rule 603. 17,e1 WdZZ:SC TO02 ZZ 'JEW ZLLO $6£ 0L6 : 'ON 3NOHd NtIdO S3WOH AJ1NfOJ R 13KNOAde : W0dA 0 ro 4:mod worxadti,Aq paJamod 69NBBZ9 WS:ol ZLL0S6E0L6:Wald I'M£540 :PeAlanela 10.SETBACK IEQUIREMENT$. Surface Owner shall not build any dwelling or other structure of any kind, including any fencing,on any lands located within the Oil and Gas Operations Area. 11.GOVERNMENTAL PROCEEDINGS. Surface Owner shall not oppose HSR in any agency or governmental proceedings, including but not limited to the COGCC, Weld County, or other governing body proceedings, related to HSR's operations on the Property, including but not limited to drilling, workovers, well deepenings and recompletions, provided that HSR's position in such proceedings is consistent with this Agreement. 12.LIMITATION OF LIABILITY,RELEASE AND INDEMNITY. a. NO PARTY SHALL BE LIABLE FOR, OR BE REQUIRED TO PAY FOR, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES TO ANY OTHER PARTY FOR ACTIVITIES UNDERTAKEN WITHIN THE SCOPE OF THIS AGREEMENT; b. Except as to claims arising out of pollution or environmental damage (which claims are governed by Section 13 below) or out of other provisions of this Agreement(which claims shall be governed by the teams of this Agreement), each party shall be and remain responsible for all liability for losses, claims, damages, demands, suits, causes of action, fines, penalties, expenses and liabilities, including without limitation attorneys' fees and other costs associated therewith (all of the aforesaid herein referred to collectively as"Claims"),arising out of or connected with each such party's ownership or operations on the Property, no matter when asserted, subject to applicable statutes of limitations. Each such party shall release, defend, indemnify and hold the other parties, their officers, directors, employees, successors and assigns, harmless against all such Claims. This provision does not, and shall not be construed to, create any rights in persons or entities not a party to this Agreement, nor does it create any separate rights in parties to this Agreement other than the right to be indemnified for Claims as provided herein; c. HSR shall have the right to file an operator's lien against other owners of the oil and gas leasehold interest to recover amounts owed to HSR;and d. Upon the assignment or conveyance of a party's entire interest in the Property,that party shall be released from its indemnification in Section 12.b. above, for all actions or occurrences happening after such assignment or conveyance. 13.ENVIRONMENTAL INDEMNITY. The provisions of Section 12 above, except for Section 12.a, shall not apply to any environmental matters, which shall be governed exclusively by the following, subject to the limitations of Section Us.above: a. "Environmental Claims" shall mean all Claims asserted by governmental bodies or other third parties for pollution or environmental damage of any kind, arising from operations on or Sd W-I'7:sO T002 Z2 's€W ?LLB CFC 0L6 : 'ON 3CJHd tiee S340H A21Nf10J 31ENG8JJM : WO21d OL p S o6ed worxu Aq paramod 6909=91.99:ol ZLL0S6C0L6:mod Wd£540 t0'JeW'ZZ:Pan!aoeil ownership of the Property or ownership of the oil and gas leasehold interest, whichever is applicable, and all cleanup and remediation costs, fines and penalties associated therewith, including but not limited to any Claims arising from Environmental Laws or relating to asbestos or to naturally occurring radioactive material. Environmental Claims shall not include the costs of any remediation undertaken voluntarily by any party, unless such remediation is performed under the imminent threat of a Claim by a governmental body or other third party; b. "Environmental Laws" shall mean any laws, regulations, rules, ordinances, or order of any governmental authority(ies), which relate to or otherwise impose liability, obligation, or standards with respect to pollution or the protection of the environment,including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. § 9601 et seq.), the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §§ 6901 et seq.),the Clean Water Act(33 U.S.C. §§466 et seq.),the Safe Drinking Water Act(14 U.S.C. §§ 1401-1450),the Hazardous Material Transportation Act(49 U.S.C. §§ 1801 et seq.),the Clean Air Act, and the Toxic Substances Control Act(15 U.S.C. §§2601-2629);and c. Environmental Indemnification. HSR shall protect, indemnify, and hold harmless Surface Owner and any lot owner who purchases a lot from Surface Owner from any Environmental Claims relating to the Property or oil and gas leasehold thereunder that arise out of HSR's ownership and operation of the Oil and Gas Operations Areas. Surface Owner shall fully protect, indemnify and hold harmless HSR from any and all Environmental Claims relating to the Property that arise out of Surface Owner's development of the Property. 14.EXCLUSION FROM INDEMNITIES. The indemnities of any y party herein shall not cover or include any amounts, which the indemnified party may recoup from any third party, or that for which the indemnified party is reimbursed by any third party. The indemnities in this Agreement shall not relieve any party from any obligations to third parties. 15.NOTICE OF CLAIM FOR INDEMNIFICATION. If a Claim is asserted against a party for which another party would be liable under the provisions of Section 12 or 13 above, it is a condition precedent to the indemnifying party's obligations hereunder that the indemnified party give the indemnifying patty written notice of such Claim setting forth all particulars of the Claim, as known by the indemnified party, including a copy of the Claim(if it is a written Claim). The indemnified party shall make a good faith effort to notify the indemnifying party within thirty days of receipt of a Claim and shall affect such notice in all events within such time as will allow the indemnifying party to defend against such Claim. 16.REPRESENTATIONS Each party represents that it has the full right and authority to enter into this Agreement. HSR does not represent that it has rights to settle matters for all of the mineral owners in the Property, and this Agreement shall only apply to and bind the HSR leasehold interest in the property. 9d Wd£Z:SO T00Z -r2W E.LLO $6£ 0L6 : 'ON 3JOHd NeIaf 53JOH J.a1M10J 31HtlQ?JOild : WOad OL p9:mod worxejte Rq peamod 69O99Z9L92:ol ZLLOS6£OL6:wa d Old 2940 LOreWZZ:pameoay 17.SUCCESSORS. The terms, covenants and conditions hereof shall be binding upon and shall inure to the benefit of the parties and their respective heirs, devises,executors,administrators,successors and assigns; provided, as to HSR, successors and assigns shall be deemed to be limited to lessees under the oil and gas leases which HSR owns. 18.TERM. This Agreement shall become effective when it is fully executed and shall remain in full force and effect until HSR's leasehold estate expires or is terminated, and HSR has plugged and abandoned all wells owned all or in part by HSR and complied with the requirements of all applicable oil and gas leases pertaining to removal of equipment, reclamation, cleanup and all other applicable provisions of the leases and existing laws and regulations; provided, however, that if Surface Owner does not commence development on the surface of the Property within three years from the effective date of this Agreement, then this Agiocinent shall automatically terminate. When this Agreement ceases to be in full force and effect, the parties shall execute any and all releases necessary to evidence the fact that this Agreement shall no longer apply to the Property. 19.NOTICES. Any notice or other communication required or permitted under this Agreement shall be sufficient if deposited in U.S.Mail,postage prepaid,addressed to each of the following: If to HSR: HS Resources,Inc. 1999 Broadway, Suite 3600 Denver,Colorado 80202 Attention: Land Manager If to SURFACE OWNER: Affordable County Homes,L.L.C. Attn: Brain Hegwood 2337 10"'Street,No.C Greeley,CO 80634 Any party may, by written notice so delivered to the other parties, change the address or individual to which delivery shall thereafter be made. 20.RECORDING. This Agreement,any amendment hereto,and any release entered into pursuant to Section 18 above, shall be recorded by HSR, which shall provide the other parties with a copy showing the recording information as soon as practicable thereafter. Ld Wd£Z:S0 IOW ZZ '.reW &LO 562 0L6 : 'ON 3N01-td He I21H S3WOH AJ1Nf103 3eed0210d±I : Wf'W-I 0L to L:mod Wofzajw IIq paiamod 69O99Z9t99:ol ZLLOS6COL6:uiord Wd CS 40 LO JEW'ZZ:Pa'te21 21.ARBITRATION. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof,shall be resolved by arbitration conducted in Denver,Colorado and shall be administered by the American Arbitration Association under its commercial rules, and judgment on the award rendered by the arbitrator(s)may be entered in any court having jurisdiction thereof. 22.APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado,without reference to its conflict of laws provisions. 23.ENTIRE AGREEMENT. This Agreement sets forth the entire understanding among the parties hereto regarding the matters addressed herein, and supersedes any previous communications, representations or agreement, whether oral or written. This Agreement shall not be amended, except by written document signed by all parties. [THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK.] es- ed Wdt'Z:SO TOW aZ '-rEW &LO $62 0L6 : 'ON 3N0Hd NUING S3WOH A?IJ NI1OJ 2180(1e OdAl : WONA 0 L 10 8 stied uwo)xyts Aq peJeMod 690889189:ol ZLL096£OL6:uald Wd CS b0 J l0'gW'ZZ Pa^ b The parties have executed this Agreement on the day and year first above written. • HS RESOURCES,INC. By: /at 1.7. Lac et W.Pasque-Vice Pfesident of Land (57 AFFORDABLE COUNTY HOMES,L.L.C. By: Brian H ood—Managing Member Acknowledgments STATE OF COLORADO ) CITY AND )ss. COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this tie-, day o¢'i'f f�Lf� .!L- 2001, by Janet W. Pasqua — Vice President of Land for HS Resources, Inc., a Delaware corporation,on behalf of that corporation. ,a; Witneas'my hnndbE s' d official seal. • LYNDA . HENDRIX 7 NOTARKY PUBLIC Notary 1 iiiC STATE F COLORADO M y ommissionwcx`pves 3/10/2002 STATE OF COLORADO ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this 14 day of itrar h 2001,by Brian Hegwood—Managing Member for Affordable Country Homes,L.L.C. coE Witness my hand and official seal. C,t-'..... LeF Too NO otary Public •-,.,„ '&';PUBLIC My Commission Expires: My Commission Expires 01-25-2003 s5 .g 6d WdtZ:50 IOOZ ZZ 'JEW ZLLO $6£ 0L6 : 'ON 3N0Hd NeI?JH S3WOH AalHOOD 3laQ?l0ddki : woad OL P6'mod ISIOnCent A9 peiwwod 6902939 WS 01 ZLL096C0L6:Ward NW CS140 LO'RWZZ:pay 2a ) ) ., ) • A. •D g 13 i ,., ...wail:n hill „ • � •\ Co T' T-' 1 \ _" rte / jliTt \ ..._ ••••••••• L If L�.!ti +!Csl.w-- -a S / / 1; re I...,t e• 6 n1( Oo ! • // / i (i I ! 1I NCr.A,!Ay-NM W SMy •• - C _:9 N /, ' J• J JJJi'\ " '1 \ • Yre.f�.,elvl. �+r 'f 1.1 j i • I / 1 �, ' ! \ w "Ve".".ie" :.i.,•••• •+laSISW.r`�Sr .6 CO •. 1 /„- • ;'//(Ji ( ( � I r frl of\\ .rm.t x f .w. t• • •••••••••~••••••• — �C^ZS —�:�7Ti.'7— .�Rv sr. Ij i,,s fir..' lQ• I I ,y .. l` l `. • . w... wr ....vv.••••...1•••••••••••••••••••••••;••••••••••.••••=.• V) r r. 1� vw«r.••••...wrww••i._«w •••L Ii 0 T ( � Y/ L -.. • • ., 4. • .. . iti• "-.. . . e, •2=7•4:•14.4•=r",. ..."".7...• 1 .� ur {I - ••...•.ww••• �'�rwr • i.www..r�rT li ; •tK I _ r.....mlosomor.wrw_r+�.R.—. 3� On e.. \ r �..J ' .'.. C it / 1 .. r ram 1 '.. i. • .....N i IMMO -n CUPRIC SCAN '• x Owl Creek Acres PUD1.'-.._ Applicant: - l'lannerl vii .1'.. 9 r "WO• A1Mrd ll.Coppery Naomi.LIZ iV00 NOOOP.$CIS 00.ILO- -- I I/��y��....e of Zoea Plat Z3S,IO''Jae t,do a It Omgr Coot �•me Gnu*.Cd.ado OOCSI tot Cohn.C.IvN.00l IIC i Exhlblt "AI' Q. 8 Received:19.Dec.00 11:12 AM From:9703950772 To:5618288059 Powered bySF.x.com Pawl of 20 FROM : AFFORDABLE M NTRY HOPS BRIAN PHONE NO. : 970 395 0772 Dec. 19 2000 11:26(41 P1 11MW H - BILL SPARKS PERMIT #400136 #400137 (970) 506-4972 YOUR ACCESS INSPECTOR IS BILL SPARKS. YOU MUST CONTACT THE INSPECTOR AT LEAST 2 WORKING DAYS PRIOR TO ANY ACCESS IMPROVEMENTS OR CONSTRUCTION OF ANY KIND WITHIN THE STATE HIGHWAY RIGHT-OF-WAY. ALL ACCESS ACTIVITY WITHIN THE RIGHT-OF-WAY MUST BE COMPLETED IN 45 DAYS ONCE WORK BEGINS. UPON COMPLETION OF ALL PERMIT REQUIREMENTS, YOU SHALL REQUEST A FINAL INSPECTION BY THE INSPECTOR OR THEIR REPRESENTATIVE. • Received: 19.Dec.00 11:12 AM From:9703950772 To:5618288059 Powered by Sax.com Page:2 of 20 FROM : RFFORDRPo F COUNTRY HOMES BRIAN PHONE NO. : 970 395 0772 Dec. 19 2900 11:27RM P2 • COLORADO DEPARTMENT OF TRANSPORTATION c°or Permit --' STATE HIGHWAY ACCESS CODE aoot36 s,�srn,a � NOTICE TO PROCEED 3Weld County L uwal Jurisdiction Permittee(s): Weld Brian Hegwood Applicant; Affordable Country Homes, Inc. SAME 2337 10th Street,#C Greeley,CO 8063,1 970.381-9054 The permittee is hereby authorized to proceed with access Construction within state highway right-of-way in accordance with the above referenced State Highway Access Permit and this Notice to Proceed. This Notice to Proceed is valid only if the referenced Access Permit has not expired. Access Permits expire one year from date of issue if not under construction, or completed. Access Permits may be extended in accordance with Section 2.3(11)(d), of the Access Code. Adequate advance warning is required at all times during access construction, in conformance with the manual on Uniform Traffic Control Devices for Streets and Highways. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation. The permittee or applicant shall notify the Department prior to commencing construction as indicated on the Access Permit. Both the Access Permit and this Notice To Proceed shall be available for review at the construction site. This Notice to Proceed is conditional. The following items shall be addressed prior to or during construction as appropriate. None Municipality or County Approval (When the appropriate local authority retains issuing authority) By (X) Title Date This Notice is not valid until signed by a duly authorized representative of the Department Colorado Department of Transportation ^ By� Title Ms A Date L./ �©uR4 . , s 1 Z/1 gio 0 Copy Distribution;Required 1.Region Permit files 2. B - s Section, As needed:Local Authority, t Inspector Form 1265 8/98 Received: 19.Dec.00 11:12 AM From:9703950772 To:5618288059 Powered by riliFax.com Page:3 of 20 • I-NOM : AFFORDABLE COUNTRY HOMES BRIAN PHONE NO. : _''3M 395 0772 Dec. 19 2000 11:27RM P3 LULUNAUU DEPARTMENT OF TRANSPORTATION - COOT Permit No. ^ STATE HIGHWAY ACCESS PERMIT ' 400136 State Highway No/MpISide 392B1023.230/L Permit tee Date of transmittal - Region/Section/Patrol Local Jurisdiction [00.00 12/18/2000 04/01/25 Weld County The Permittee(s); Applicant; Ref No. 2000 Brian Hegwood SAME Affordable Country Homes,Inc. • 2337 10th Street,#C Greeley,CO 80631 970-381-9054 is hereby granted permission to have an access to the state highway at the location noted below.The access shall be constructed,maintained and used in accordance with this perm including the State Highway Access Code and any attachments,terms,conditions and exhibits.This permit may be revoked by the issuing authority If at any time the permitted access and its use violate any parts of this permit.The issuing authority,the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. Location: Access is to be located on State Highway 392,a distance of 1,236 feet east from Mile Post 23 on the north/left side. This existing field/gas well access shall be removed if ANY proposal other than agriculture(including construction of a single family dwelling)is proposed and/or the gas wells go away. Traffic volumes at this access are limited to 4 vehicle trips per day. Access to Provide Service to: Single-Family Detached Housing.._ ... 6 Each 100.00• Other terms and conditions: • See Attached Pages 2 and 3 and Other Enclosures for Additional Terms and Conditions. MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. By Date Ties (X) Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein.All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from Initiation.The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. • The permittee shall notify Bill Sparks with the Colorado Department of Transportation in East Greeley at 970-500- 4972 at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit and its terms and conditions. Perr a� fv ( ) Date x )• 1�-�10 This permit is not valid until signed by a duly authorized representative of the Department, COLORADO DEPARTMENT OF TRANSPORTATION . (y) c , / / Date(of issue) Tills• 1 X ��l/J,r�(,ilA_l- 12-K_ jZ//l�g Q (� Assistant Access Manager — copy n: Rewired: Make copies Os ne on Previous editions are obsolete and may not be used Wcal Authority Inspector COOTForm Mel Sit • 2,APMicant MrGE raved Traffic Engineer &Staff Access Section ) ) ) • State Highway Access Permit PERMIT EXPIRATION Form loll Page 2 1. A permit shall be considered expired if the access is not under construction within one year of the permit issue dale or before the expiration of any authorized t io The following paragraphs are excerpts of the State Highway Access Code. extension.When the permittee is unable to commence construction within one 4 These ere provided for your convenience but do not alleviate compliance with all year after the permit Issue date,the permittee may request a one year extension tY sections of the Access Code. A copy of the State Highway Access Code is from the issuing authority.No more than two one-year extensions may be id available from your local issuing authority(local government)or the Colorado granted under any circumstances. If the access Is not under construction within Department of Transportation(Department). When this permit was issued,the three years from date of issue the permit will be considered expired.Any request N Issuing authority made its derision based in part on information submitted by the for an extension must be in writing and submitted to the issuing authority before 8 A$ applicant,on the access category which is assigned to the highway,what the permit expires.The request should state the reasons why the extension is alternative access to other public roads and streets Is evadable,end safety and necessary,when construction is anticipated,and include a copy of page 1 (face a"a design standards. Changes in use or design not approved by the permit or the of permit)of the access permit.Extension approvals shall be in writing.The local - 3 issuing authority may cause the revocation or suspension of the permit issuing authority shall obtain the concurrence of the Department prior to the m approval of an extension, and shall notify the Department of all denied �$ APPEALS extensions within ten days.My person wishing to reestablish an access permit rn 1. Should the permittee or applicant object to the denial of a permit application that has expired may begin again with the application procedures.An approved 5 by the Department or object to any of the terms or condtlons of a permit placed Notice to Proceed, automatically renews the access permit for the period of the there by the Department, the applicant and permittee(appellant)have a right to Notice to Proceed, •-• a appeal the decision to the[Transportation)Commission[of Colorado].To appeal a decision,submit a request for administrative hearing to the Transportation CONSTRUCTION Commission of Colorado within 60 days of transmittal of notice of denial or 1. Construction may not begin until a Notice to Proceed is approved. (Code transmittal of the permit for signature.Submit the request to the Transportation subsection 2.4] Commission ofColorado,4201 East Arkansas Avenue,Denver,Colorado 60222- 3400.Tha request shall include reasons for the appeal and may Include 2. The construction of the access and its appurtenances as required by the changes,revisions,or conditions that would be acceptable to the perrrdttee or terms and conditions of the permit shad be completed at the expense of the '• applicant. permittee except as provided in subsection 2.14.Ad materials used in the m • construction of the access within the highway right•of-way or on permanent 2. Any appeal by the applicant or permittee of action by a local Issuing authority easements,become public property.Any materials removed from the highway shall be tiled with the local authority and be consistent with the appeal right-of-way will be disposed of only as directed by the Department.All fencing, in procedures of the local authority. guard rail, traffic control devices and other equipment and materials removed in m the course of access construction shall be given to the Department unless 3. In submitting the request for administrative hearing,the appellant has the otherwise instructed by the permit or the Department Inspector. option of including within the appeal a request for a review by the Department's internal administrative review committee pursuant to[Code]subsection 2.10. • 3. The permittee shall notify the individual or the office specified on the permit When such committee review Is requested,processing of the appeal for formal or Notice to Proceed at least two working days prior to any construction within administrative hearing,2.9(5)and(6),shall be suspended until the appellant stale highway right-of-way.Construction of the access shall not proceed until notifies the Commission to proceed with the administrative hearing,or the both the access permit and the Notice to Proceed are issued.The access shall appellant submits a request to the Commission or the administrative law judge to be completed in an expeditious and safe manner and shad be finished within 45 W o withdraw the appeal The two administrative processes,the internal days from Initiation of construction within the highway right-of-way.A construction administrative review committee,and the administrative hearing,may not run time extension not to exceed 30 working days may be requested from the i- concurrently. individual or office specified on the permit. `o P iii 4. Regardless of any communications, meetings,administrative reviews or 4. The issuing authority and the Department may inspect the access during i o negotiations with the Department or the internal administrative review Committee construction and upon completion of the access to ensure that all terms and .. 3 regarding revisions or objections to the permit or a denial,if the permittee or conditions of the permit are met. Inspectors are authorized to enforce the `• applcant wishes to appeal the Department's decision to the Commission for a conditions of the permit during construction and to halt any activities within state hearing,the appeal must be brought to the Commission within 60 days of right-of-way that do not comply with the provisions of the permit,that conflict with 1 -o transmittal of notice of denial or transmittal of the permit. concurrent highway construction or maintenance work,that endanger highway A li a 8 x property,natural or cultural resources protected by law,or the health and safety 10. Each access shall be constructed in a manner that shall not cause water to of workers or the public. enter onto the roadway or shoulder,and shall not interfere with the eslsting drainage system on the right-of-way or any adopted municipal system and g 5. Prior to using the access,the permittee Is required to complete the drainage plan.. t iY construction according to the terms and conditions of the permit. Failure by the g penndtee to abide by all permit terms and conditions shag be sufficient cause for 11. Sy accepting the permit, permittee agrees to save,Indemnify,and hold the Department or issuing authority to initiate action to suspend or revoke the harmless to the extent allowed by law,the issuing authority,the Department,its permit and dose the access.If in the determination of the Department or issuing officers,and employees from suits, actions,claims of any type or character ru authority the failure to comply with or complete the construction requirements of brought because of injuries or damage sustained by any person resulting hem the permit create a highway safety hazard, such shall be sufficient cause for the. the permittee's use of the access permit during the construction of the access. m summary suspension of the permit. if the permittee wishes to use the access -c a prior to completion,arrangements must be approved by the issuing authority and CHANGES IN ACCESS USE AND PERMIT VIOLATIONS 3 Department and Included In the permit.The Department or issuing authority may 1, It is the responsibility of the property owner and permittee to ensure that the t $ order a halt to any unauthorized use of the access pursuant to statutory and use of the access to the property is not in violation of the Code,permit terms and regulatory powers.Reconstruction or improvement of the access may be conditions or the Act.The terms and conditions of any permit are binding upon ail required when the permittee has failed to meet required specifications of design assigns, successors-in-interest,heirs and occupants. If any significant changes or materials.If any construction element fails within two years due to Improper are made or will be made in the use of the property which will affect access construction or material specifications,the permittee shall be responsible for all operation,traffic volume and or vehicle type,the permittee or property owner i- a repairs.Failure to make such repairs may result in suspension of the permit and shall contact the local issuing authority or the Department to determine if a new g closure of the access. access permit and modifications to the access are required. c, 6. The permittee shall provide construction traffic control devices at all times 2. When an access is constructed or used in violation of the Code, section 43 during access construction,in conformance with the M.U.T.C.D.as required by 2-147(5)(c).C.R.S.,of the Act applies.The Department or issuing authority may 5 g section 42-4.104,C.R.S.,as amended. summarily suspend an access permit and immediately order closure of the access when its continued use presents an Immediate threat to public health, • 7. A utility permit shall be obtained for any utility work within highway right-of- welfare or safety.Summary suspension shall comply with article 4 of title 24, to way.Where necessary to remove,relocate,or repair a traffic control device or C.R.S. M public or private utilities for the construction of a permitted access,the relocation, removal or repair shall be accomplished by the permittee without cost to the MAINTENANCE Department or issuing authority,and at the direction of the Department or utility I. The permittee,his or her heirs, successors-in-interest, assigns,and 0 company.Any damage to the state highway or other public right-of-way beyond occupants of the property serviced by the access shall ba responsible for v that which Is allowed in the permit shall be repaired immediately.The permittee is meeting the terms and conditions of the permit,the repair and maintenance of re responsible for the repair of any utility damaged In the course of access the access beyond the edge of the roadway including any cattle guard and gate, construction,reconstruction or repair. and the removal or clearance of snow or ice upon the access even though deposited on the access in the course of Department snow removal operations. 8. In the event it becomes necessary to remove any right-of-way fence,the Within unincorporated areas the Department will keep access culverts clean as u posts on either side of the access shall be securely braced with an approved end part of maintenance of the highway drainage system.However,the permittee is ty s4 post before the fence is cut to prevent any slacking of the remaining fence. All responsible for the repair and replacement of any access-related culverts within n o posts and wire removed are Department property and shall be turned over to a the right-of-way.Within incorporated areas,drainage responsibilities for representative of the Department. municipalities are determined by statute and local ordinance.The Department g will maintain the roadway including auxiliary lanes and shoulders,except in those to ta a The permittee shall ensure that a copy of the permit is available for review at cases where the access installation has failed due to improper access w the construction site at all times.The permit may require the contractor to notify construction and/or failure to follow permit requirements and specifications in g the individual or office specified on the permit at any specified phases in which case the permittee shag be responsible for such repair.Any significant 3 construction to allow the field inspector to Inspect various aspects of construction repairs such as culvert replacement,resurfacing,or changes in design or such as concrete forms,subbase, base course compaction,and materials specifications,requires authorization from the Department. specifications. Minor changes and additions may be ordered by the Department i -o or local authority field inspector to meet unanticipated site conditions. re ,g fq Form 101, Page 3 0 a A ro a Received:19.Dec.00 11:12 AM From:9703950772 To:5618288059 Powered by&Fax.com Page 6 of 20 FROM : AFFORDABLE COUNTRY HOPES BRIRN PHONE NO. : 970 395 0772 Dec. 19 2000 11:31AM PG State Highway Access Permit Page 1 Attachment to Permit No. 400136 -Additional Terms and Conditions I. Inhere are any questions regarding this permit,please contact Gloria[lice-Idler at(970)350-2148. 2. The Permittee shall refer to all additional standard requirements included with this permit and any enclosed additional terms,conditions,exhibits,and noted attachments. 3. Incorporated as part of this permit are the following: Application for Access Permit(CDOT Form No. 137) Permit(CDOT Form No. 101)and its two page attachment Exhibits: "A"-Access Plan "B"- Plat/Vicinity Map 4. This permit is issued in accordance with the State Highway Access Code(2 CCR 601-I),and is based upon the information submitted by the Permittee. This permit is only for the use and purpose stated in the Application and Permit Any changes in traffic volumes or type,drainage,or other operation aspects may render this permit void,requiring a new permit to the be applied for based upon exisiting and anticipated future conditions. 5. Access construction methods and materials shall conform to the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction(current edition). 6. If necessary,minor changes,corrections and/or additions to this permit may be ordered by the Department inspector,other Department representative or local authority to meet unanticipated site conditions. Changes may not be in violation of the State Highway Access Code. All major changes to the plans must be approved in writing by the Department prior to comtnencement of any work on or within the State Highway right-of-way. 7. This permit is subject to revocation due to: 1)Noncompliance with the provisions of this permit;2) Abandonment;3)Supersedure by new permit covering the same installation;or 4)Conflict with necessary planned highway construction and/or improvements. The Permittee shall promptly terminate occupancy upon notice of cancellation of the permit from the Department,unless a new permit is applied for and granted. 8. Reconstruction and improvements to the access may be required when the Permittee has failed to meet the required design and/or material specifications. If any construction element fails within two years due to improper construction or material specifications,the Permittee is responsible for all such reparis. 9. The Department retains the right to perform any necessary maintenance work in this area. 10. Backing maneuvers within and into the State Highway right-of-way are strictly prohibited. All vehicles shall enter and exist the highway right-of-way in forward movement. Backing into the right-of-way shall be considered a violation of the terms and conditions of this access permit and may result in revocation of the permit by the Department and/or the issuing authority. 11. The Permittee is responsible for obtaining any necessary additional federal,state,and/or City/County permits or clearances required for construction of the access. Approval of this access permit does not constitute verification of this action by the Permittee. 12. All costs associated with the installation of this access are the responsibility of the Permittee. This includes design,construction,signing and striping, utility relocation,testing of materials,and inspections. 13. No work will be allowed at night,or on Saturdays,Sundays,and legal holidays without prior authorization from the Department The Department may also restrict work within the State Highway right-of-way during Received: 19.Dec.00 11:12 AM From:9703950772 To:5618288059 Powered by diFax.com Page:7 of 20 FROM : AFFORDABLE COUNTRY HOPES BRIAN PHONE NO. : 970 395 0772 Dec. 19 2000 11:31RM P7 State Highway Access Permit Page 2 Attachment to Permit No. 400136 -Additional Terms and Conditions adverse weather conditions. 14. Traffic detours or lane closures will not be allowed,unless pre-approved by the Department. 15. Two-way traffic shall be maintained throughout the work area at all times unless specific written authorization is obtained from the Department. 16. No construction vehicles shall be parked,or construction materials/equipment stored,on the State Highway right-of-way overnight. 17. No work shall be performed near a Department traffic control signal without coordination with Charles Weber at(970)350-2137. 18. Landscaping and site construction shall not obstruct sight distance at any State Highway access point. Landscaping within the State Highway right-of-way requies the Permittee to obtain a CDOT Landscaping Permit from the Maintenance Section_ The access permit does not authorize that activity,although a proposed landscaping plan shall be included in the access permitting document. Irrigation of features within the right-of-way may require the Permittee to install a subsurface drain in accordance with CDOT Standard M-605-1 or other approved system. The Permittee shall contact Denny Volz at the Evans Maintenance Office, (970)506-4971 to obtain the Landscaping Permit. 19. Routine,periodic maintenance and emergency repairs may be performed within the State Highway right-of-way, under the general terms and conditions of the permit. Any significant repairs such as culvert replacement,resurfacing,or changes in design or specifications,will require written authorization from the Department. The Department shall be given proper advance notice whenever maintenance work will affect the movement or safety of traffic on the State Hig Tway. In an emergency,the Department Region Office and the State Patrol shall immediately be notified of possible hazards. 20. All work is to conform to the plans referenced by this permit on file with the Department or as modified by this permit. (If discrepancies arise,this permit shall take precedence over the plans.) The Department plan review is only for the general conformance with the Department's design and code requirements. The Department is not responsible for the accuracy and adequacy of the design,dimensions,elevations,and any other elements which shall be confirmed and correlated at the work site. The Department through the approval of this document,assumes no responsibility for the completeness and/or accuracy of the plans. 21. Survey markers or monuments must be preserved in their original positions. Notify the Department at(970) • 350-2173 immediately upon damage to or discovery of any such markers or monuments at the work site. Any survey markers or monuments disturbed during the permitted work shall be repaired and/or replaced immediately at the expense of the Permittee. 22. Should any excavation encounter plant or animal fossils,the remains of historic or prehistoric structures, • artifacts,(pottery,stone tools, arrowheads,etc.),the work shall be stopped and the Permittee shall notify the • Department inspector. 23. The Permittee or the contractor shall notify Bill Sparks at(970)506-4972 at least two working days prior to beginning any access improvements or construction of any kind within the State Highway right-of-way. Failure to comply with this requirement may result in revocation of this permit, 24. Whenever the work will affect the movement or safety of traffic,the Permittee shall develop and implement a construction traffic control plan,and utilitze traffic control devices as necessary to ensure the safe and expeditious movement of traffic around and through the work site and the safety of the work force. The Received: 19.Dec.00 11:12 AM From:9703950772 To:5618288059 Powered by AFax.com Page:8 of 20 FROM : HFFORDfBLE COUNTRY HOPES BRIR1 PHONE NO. : 970 SJ7 0772 Dec. 19 2000 11:32RM PS State Highway Access Permit • Page 3 Attachment to Permit No. 400136 -Additional Terms and Conditions traffic control plan shall be prepared by an American Traffic Safety Services Associaton(ATSSA)certified individual, a Colorado Contractors Association(CCA)certified individual,or a professional traffic engineer in conformance with the Manual on Uniform Traffic Control Devices,and other applicable standards. A copy of the approved traffic control plan must be on site until the work is completed. 25. The Department inspector may suspend any work due to: I)Noncompliance with the provisions of this permit;29 Adverse weather or traffic conditions;3)Concurrent highway construction or maintenance in conflict with permit work;4)Any condition deemed unsafe for workers or the general public. The work may be resumed upon notice from the Department inspector. 26. The Permittee will be required to obtain a highway right-of-way fence agreement for a special fence if the Permittee desires to remove the existing standard highway fencing in this area. The.Permittec shall contact Denny Volz at the Evans Maintenance Office, (970)506-4971. 27. When it is necessary to remove any highway right-of-way fence,the posts on either side of the access entrance shall be securely braced with approved end posts in conformance with the Department's M-607-1 standard, before the fence is cut,to prevent slacking of the remaing fecne. All posts and wire removed shall be returned to the Department. Contact Bill Sparks at(970)506-4972 to make the necessary arrangements. 28. The access shall be constructed 20 feet wide with 20 foot radii. 29. Construction traffic control devices,when not in use,shall be removed or turned away from traffic. 30. The access shall be constructed perpendicular to the travel lanes of the State Highway for a minimum distance of 40 feet,and shall slope down and away from the adjacent pavement edge at a rate of 2%grade for a minimum of 20 feet 31. The access shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation of construction within State Highway right-of-way. 32. All required access improvements shall be installed prior to the herein authorized use of this access. 33. The access shall be surfaced immediately upon completion of earthwork construction and prior to use, 34. Surfacing of the access shall be completed as per Exhibit"A". 35. No paved surface shall be cut unless specified in this permit. Asphalt removal shall be saw cut to assure a straight edge for patching. 36. if frost,water or moisture is present in the subgrade,no surfacing materials shall be placed until all frost,water or moisture is gone or removed. 37. The Permittee shall install a new 18 inch corrugated metal pipe and shall provide for proper side slopes. Culverts over 18 inches in diameter shall have end sections. 38. The access shall be constructed and maintained in a manner that will not cause water to enter onto the roadway,and will not interfere with the existing drainage system within the State Highway right-of-way. Drainage to the State Highway right-of-way shall not exceed historical rate of flow. 39. All existing drainage structures shall be extended,modified,or upgraded as necessary, to accommodate all new construction and safety standards, in accordance to the Department's standard specifications. 40. The Permittee shall request final inspection by Sill Sparks at(970)506-4972 within 10 days following Received:19.Dec.00 11:12 AM From:9703950772 To:5618288059 Powered by&Fax.com Page:9 of 20 FROM : HFFDRDQR F COUNTRY HOMES BRIAN PHONE NO. : 970 .375 0772 Dec. 19 2000 11:3:ifM P9 State Highway Access Permit Page 4 Attachment to Permit No. 400136 -Additional Terms and Conditions completion of access construction,and prior to authorized use. The Permittee or their representative shall be present, 41. A fully executed complete copy of this permit must be on the job site with the contractor at all times during construction. Failure to comply with this or any other construction requirement may result in the immediate suspension of work by order of the Department inspector or the issuing authority. 42. The design and construction of access and/or development of this property shall not negatively impact adjacent nearby properties. Correction of the problem and cost resulting from damages shall be borne by the Permittee. Received:19.Dec.00 11:12 AM From:9703950772 To:5618298059 Powered byaFex.com Pap:10 of 20 FROM : FFFORCeBLE COUNTRY FIOtES BRIAN PHOiE NO. : 970 395 0772 Dec. 19 2000 11:33PM P10 T. COLORADO DEPARTMENT OF TRANSPORTATION Issuing (STATE HIGHWAY ACCESS PERMIT APPLICATION acceptance gdy�ppaeete JcaPnce adWa Instructions: - contact the Department of Transportation or your local government to determine your issuing authority. - contact the Issuing authority to determine what plans and other documents are required to be submitted with your application. - compete this form(some questions may not apply to you)and attach all necessary documents and submit h to the Issuing authority.Submit an application for each access requested. • if you have any questions contact the Issuing authority. Pisan print or type 1)Prope.,owns Pemhlee) 2)APpkant Ate lactic &e..-ra meet address,rise l" j + t i M.2. .5gr+(rt. alaea6 35337 ls� `+ecj '#� vl FlC street address City Phones I state a Zip (phones 31AddaeaM j,_E-6> o'a4SIJ 97e- Sir/- 9.5V steps to served by permit(d known) +�dentate N en: Via.° I 1 '•Z.aly. ImnIR 1w LT Ire I 14 1 Ware, 6 I "'44 5)What slab highway aro you requesting access hem? 6)Mat side of the highway 3q2 I J�N ❑ S OE OW 7)How many feel le he propoeedecoess From the nearest mile pow? How many bas is ma proposed accts from the nearest cross street? gt-U,00 feet torts: N S NO from:W-R sit • XtZew fees(circle: N S Veit iron: L...L_Lfr rack Item if you are requesting a ^ new access 0 temporary access 0 improvement to existing access 0 change in access use 0 removal of access 9)What u the approxiinate data you Sands,trap aenern lion? "-RMS.-I4 Z..al to)Do of any Some Highway aeons permits sieving this property,or adpcem propertle.In which you lose a property interest. n0 yes.If yes-what are the permit number(s)?: ' and/or,permit date: II)Dome "Met or hava 400 I3 12�ts/oo Pa� any in property? W yes.byes-please describe: J1 121Arollhe.she cepodedfcatedpubio slnsts,roads, P0pecl., 4 vies R ,'.� 0 a panshighways or access easementsopos d od 4cc? U[l/qd�)C� yes.If yes-list them on your plans and indicate the proposed and ��&Qcess points. Wej) 13)It you ere requesting commercial or industrial access please indicate hetypes and number of bupnaseia and proSide the door pea square footage or each. iness square footage busixese II squarebcfago IS)II you are n4testn9 aaicukund Lid*m em.how marry I a the a will acmes serve? ("SC� I a(/�rM+►�-.„_ 15)If you are requesting residential development amts.what is ey mber 1pe le family,aperoent townhouse)and number of units? WO unla 7Pa number el with ...I./h i,PPAWitl I �h. I ta)Provide to bMw:tg vehicle Gourd wWrvwa Mr vehicles 6wtwtl ere the access Leaving the property then returningIs two counts.Indicateif l our counts ara O peak hour volumes or X average daily volumes. Id Wyyyyy co LL O •N ester unit a eswiera e •veering W,,d:prrFr/d a)il 11al wlllu lXWaaa._r Total count pt all vehicles O .� {iyo .ip (/ti 17)Cleoktiher booing no larger determine which dales following documents tiro-... dbocmWeb the review ol. L"--.latom. (Nana should te no larger than 2a'x 381 a) rlghwyarMd'Mwsr/item pole. a) Property ma Wading other access.bordering roadsand tarn. b) Dralnageplan showing 5Ta b th e highway right-away. n PotossedepaN design e1 Map and tellers detailing ugly Imogene before and char 0 PiSigningtosi add dowciang maps including armaments. development bend along the rigitolw h) to cc null Oen. Wants. d) SubdmKn.robng,erbvelopnentp� 0 TmdeareWy ins !) Proofdeebiay insurance. If an access permit is Issued to you It will state the terms end conditions for its use.Any changes in the use of the permitted access not consistent with the terms and conditions listed on the permit may be considered a violation of the permit. The applicant declares under penalty of perjury In the second degree,end any other applicable state or federal laws,that all Information provided on this form and submitted attachments are to the best of their knowledge true and complete.Apathies signature Q lea. /l7'.01 r • I /O/'7 w It the applic is not the owner of the property,we require this application also to be signed by the property owner or their legally authorized representative(or other acceptable written evidence).This signature shall constitute agreement with this application by all owners-of-interest unless staled In writing.N a permit is authorized,the properly owner will be listed as the permitiee. Property owner paean Dam Ti PJ EXHIBIT"A" -SIMPLE ACCESS DESIGN § 09100 1 Define: width of access exclusive of radii 8 radii profile h N angle if other than 90" surfacing—material type (asphalt grading, concrete class,total thickness,individual mat thickness for asphaltic materials) j curb and gutter type/dimensions/material permanent signing or pavement markings necessary drainage features—culvert type and size(no RCP in ROW),no in increased runoff to ROW _— special or unusual features i o any landscaping in ROW R L. A b J t,ut- Pa cia vJ , > w Gals (.0 ( WI oTai Y v S i R.d.1tl n a JCi If 276 white a" Gat 3 I m Y 31L Y SA. so. center line a 0 ) ) Received:19.Dec.00 11:12 AM From:9703950772 To:5618288059 Powered by 411Fax.com Page:13 of 20 FROM : AFFORDABI F COUNTRY HONES BRIAN PHONE NO. : 970 395 0772 Dec. 19 2000 11:35AM P13 COLORADO DEPARTMENT OF TRANSPORTATION ^ COOT Pcrmir No — —' — 400137 STATE HIGHWAY ACCESS CODE 511/S/MP - 3928/023.110/L NOTICE TO PROCEED txal)urisdltYi,x Permittee(s): `n Wdv Applicant: email Brian Hegwood Applicant Affordable County Homes,Inc. 2337 10th Street,#C Greeley,CO 80611 970-381-9054 The permittee is hereby authorized to proceed with access construction within state highway right-of-way in accordance with the above referenced State Highway Access Permit and this Notice to Proceed. This Notice to Proceed is valid only if the referenced Access Permit has not expired. Access Permits expire one year from date of issue if not under construction, or completed. Access Permits may be extended in accordance with Section 2.3(11)(d), of the Access Code. Adequate advance warning is required at all times during access construction, in conformance with the Manual on Uniform Traffic Control Devices for Streets and Highways. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation. The permittee or applicant shall notify the Department prior to commencing construction as indicated on the Access Permit. Both the Access Permit and this Notice To Proceed shall be available for review at the construction site. This Notice to Proceed is conditional. The following items shall be addressed prior to or during construction as appropriate. None Municipality or County Approval (When the appropriate local authority retains issuing authority) By Title Date • (X) This Notice is not valid until signed by a duly authorized representative of the Department Colorado Department of Transportation By Title i1 CC Date (x) ----MSS M t .A YLIl 5 (1,_. T/ es, ,d1-4, /Z;�/ �1ip Copy Distribution Required 1.Region Permit files 2 taff Access Section. As needed:Local Authority, MICE Patrol, Inspector Form 1265 8/98 Received:19.Dec.00 11:12 AM Fran:9703950772 To:5618288059 Powered by oliFex.com Page:14 of 20 FROM : AFFORDABLE COUNTRY HOMES BRIAN PHONE IJO. : 970 395 0772 Dec. 19 2000 11:3681 P14 COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS PERMIT • • COOT Permit No. 400137 Stale Highway NOIMp/Side Pernik lee I Date of tronsmktal 392B/023.110/L 100.00 ml *l 2000 I Region/Section/Patrol Local Jurisdiction 04/01/25 Wdld The Permittee(s); Brian Hegwood Ref No.2000 Affordable Country Homes, Inc. . 2337 10th Street,#C Greeley,CO ,80631 970-381-9054 is hereby granted permission to have an access to the state highway at the location noted below.The access shall be constructed,maintained and used in accordance with this permit,Including the State Highway Access Code and any attachments,terms.conditions and exhibits.This permit may be revoked by the Issuing authority if at any tine the permitted access and its use violate any parts of this permit_The Issuing authority.the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the penny. Location: Access is to be located on State Highway 392,a distance of 586 feet east from Mile Post 23 on the not-lit/left side, The existing field/gas well access shall be removed if ANY proposal other than agriculture(including construction of a single family dwelling)is proposed and/or the gas wells go away. Traffic volumes at this access are limited to 4 vehicle trips per day. SEE PERMIT#400136. Access to Provide Service to: Agriculture ,.... 34 Acres 34.00 Y. Oil/Gas Well....„,„...., „ I Each 66.00 eta Other terms and conditions: •See Attached Pages 2 and 3 and Other Enclosures for Additional Terms and Conditions. MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. EY Date Title (x) Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein.All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from Initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify Bill Sparks With the Colorado Department of Transportation in East Greeley at 970-506- 4972 at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the penttittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the penny and its tents and condition. Pew Date This permit is not valid until signed by a duly authorized representative of the Department. COLORADO DEPART ENT OF TRANSPORTATION By ^�� Date Of issue) Title(x) 2-//f/ac Assistant Access Manager Copy Required: Make copse as l�eceyrary for Previous editions ant obsolete and may not be used 1.111%00M I.ocalAuthony Inspector COOT Perm*101applicant tn/ �.�,Access Section MICE Patrol Traffic anglnasr ) ) State Highway Access Permit PERMITEXPIRATtON Form 101, Page 2 1. A permit shall be considered expired if the access Is not under construction within one year of the permit Issue date or before the expiration of any authorized `C The following paragraphs are excerpts of the State Highway Access Code. extension.When the permittee is unable to commence construction within one ,�' These are provided for your convenience but do not alleviate compliance with elI year after the permit issue date,the permittee may request a one year extension M g sections of the Access Code. A copy of the Stale HighwayAccess Code is from the Issuing authority.No more than two one-year extensions may be r available from your local issuing authority(local government)or the Colorado granted under any circumstances. If the access is not under construction within m Department of Transportation(Department). When this permit was issued,the three years from date of issue the permit will be considered expired.Any request tO Issuing authority made its decision based in pad on information submitted by the for an extension must be in writing and submitted to the Issuing authority before ! !I applicant,on the access category which Is assigned to the highway,what the permit expires.The request should state the reasons why the extension is alternative access to other public roads and streets is avalable,and safety and necessary,when construction is anticipated,and include a copy of page 1 (face -c design standards. Changes in use or design not approved by the permit or the of permit)of the access permit Extension approvals shall be in writing.The local m issuing authority may cause the revocation or suspension of the permit. issuing authority shall obtain the concurrence of the Department prior to the approval of an extension, and shall notify the Department of all denied m APPEALS extensions within ten days.Any person wishing to reestablish an access permit 1. Should the permittee or applicant object to the denial of a permit application that has expired may begin again with the application procedures.An approved 93 1 by the Department or object to any of the terms or conditions of a permit placed Notice to Proceed, automatically renews the access permit for the period of the -, there by the Department,the applicant and permittee(appellant)have a right to Notice to Proceed. P appeal the decision to the[Transportation]Commission[of Colorado].To appeal Si a decision,submit a request for administrative hearing to the Transportation CONSTRUCTION Commission of Colorado within 60 days of transmittal of notice of denial or 1. Construction may not begin until a Notice to Proceed is approved. (Code transmittal of the permit for signature.Submit the request to the Transportation subsection 2.4] Commission of Colorado,4201 East Arkansas Avenue, Denver,Colorado 80222- 6 to 3400.The request shall Include reasons for the appeal and may Include 2. The construction of the access and Its appurtenances as required by the changes,revisions,or conditions that would be acceptable to the permittee or terms and conditions of the permit shall be completed at the expense of the applicant. permittee except as provided in subsection 2.14.Al materials used in the construction of the access within the highway right-of-way or on permanent 2. Any appeal by the applicant or permittee of action by a local Issuing authority easements,become public property.Any materials removed from the highway shall be fried with the local authority and be consistent with the appeal right-of-way will be disposed of only as directed by the Department.All lancing, ui procedures of the local authority. guard rail,traffic control devices and other equipment and materials removed in m the course of access construction shall be given to the Department unless _ 3. In submitting the request for administrative hearing,the appellant has the otherwise instructed by the permit or the Department inspector. option of including within the appeal a request for a review by the Department's internal administrative review committee pursuant to[Code] subsection 2.10. 3. The permittee shall notify the Individual or the office specified on the permit When such committee review is requested,processing of the appeal for formal or Notice to Proceed at least two working days prior to any construction within administrative hearing,2.9(5)and(6), shall be suspended until the appellant state highway right-of-way.Construction of the access shall not proceed until notifies the Commission to proceed with the administrative head ng,or the both the access permit and the Nofice to Proceed are Issued. The access shall a appellant submits a request to the Commission or the administrative law judge to be completed in an expeditious and safe manner and shall be finished within 45 n withdraw the appeal.The two administrative processes,the internal days from initiation of construction within the highway right-of-way.A construction g admWslrative review committee,and the administrative hearing,may not run time extension not to exceed 30 working days may be requested from the nr concurrently. individual or office specified on the permit. 4. Regardless of any communications,meetings,administrative reviews or 4. The issuing authority and the Department may inspect the access during negotiations with the Department or the internal administrative review Committee construction and upon completion of the access to ensure that all terms and i— regarding revisions or objections to the permit or a denial, if the permittee or conditions of the permit are met.Inspectors are authorized to enforce the applicant wishes to appeal the Department's decision to the Commission fora conditions of the permit during construction and to halt any activities within slate v hearing,the appeal must be brought to the Commission within 60 days of right-of-way that do not comply with the provisions of the permit,that conflict with ,g transmittal of notice of denial or transmittal of the permit. concurrent highway construction or maintenance work,that endanger highway m Ea N ≤n Q. 8 property,natural or cultural resources protected by law,or the health and safety 10. Each access shall be constructed in a manner that shall not cause water to of workers or the public. enter onto the roadway or shoulder,and shall not interfere with the existing drainage system on the right-of-way or any adopted municipal system and ° 5. Prior to using the access,the permittee is required to complete the drainage plan.. Mconstruction according to the terms and conditions of the permit.Failure by the 4r g permittee to abide by all permit terms and conditions shall be sufficient cause for 11. By accepting the permit,perrittee agrees to save,indemnify,and hold the Department or Issuing authority to Initiate action to suspend or revoke the harmless to the extent allowed by taw,the issuing authority,the Department, Its permit and close the access. If in the determination of the Department or issuing officers,and employees from suits,actions,claimewot any type or character 1it authority the failure to comply with or complete the construction requirements of brought because of injuries or damage sustained by any person resulting from ! the permit create a highway safety hazard,such shall be sufficient cause for the the permittee'e use of the access permit during the construction of the access. m summary suspension of the permit.If the permittee wishes to use the access j prior to completion,arrangements must be approved by the issuing authority and CHANGES 1N ACCESS USE AND PERMIT VIOLATIONS m Department and included in the permit.The Department or issuing authority may 1. It is the responsibility of the property owner and permittee to ensure that the order a hap to any unauthorized use of the access pursuant to statutory and use of the access to the property is not in violation of the Code, permit terms and R regulatory powers.Reconstruction or improvement of the access may be conditions or the Act.The terms and conditions of any permit are birxfing upon all m S required when the permittee has felled to meet required specifications of design assigns,successors-in-interest,heirs and occupants.If any significant changes 9 or materials. If any construction element falls within two years due to improper are made or will be made in the use of the property which will affect access ii—construction or material specifications,the permittee shall be responsible for all operation,baffle volume and or vehicle type,the permittee or property owner P repairs.Failure to make such repairs may result in suspension of the permit and shall contact the local issuing authority or the Department to determine if a new S closure of the arrast access permit and modifications to the access are required. 6. The permittee shall provide construction traffic control devices at all times 2. When an access Is constructed or used in violation of the Code,section 43- 1 during access construction,In conformance with the M.U.T.C.D. as required by 2-147(5)(c),C.R.S.,of the Act applies.The Department or issuing authority may 6 N section 42-4-104. C.R.S.,as amended. summarily suspend an access permit and immediately order closure of the access when its continued use presents an Immediate threat to pubic health, 7. A utility permit shall be obtained for any utility work within highway right-of- welfare or safety.Summary suspension shall comply with article 4 of title 24, way.Where necessary to remove,relocate,or repair a traffic control device or C.R.S. public or private utilities for the construction of a permitted access,the relocation, removal or repair shall be accomplished by the permittee without cost to the MAINTENANCE Department or issuing authority,and at the direction of the Department or utility 1. The permiltee,his or her heirs,successors-in-interest,assigns, and m company.Any damage to the state highway a other public right-of-way beyond occupants of the property serviced by the access shall be responsible for that which is allowed in the permit shall be repaired immediately.The permittee Is meeting the terms and conditions of the permit,the repair and maintenance of responsible for the repair of any utility damaged in the course of access the access beyond the edge of the roadway including any cattle guard and gate, construction, reconstruction or repair. and the removal or clearance of snow or ice upon the access even though deposited on the access in the course of Department snow removal operations. e 8. In the event it becomes necessary to remove any right-of-way fence,the Within unincorporated areas the Department will keep access culverts clean as o posts on either side of the access shall be securely braced with an approved end part of maintenance of the highway drainage system.However,the permittee is post before the fence la cut to prevent any slacking of the remaining fence. All responsible for the repair and replacement of any access-related culverts within o o. posts and wire removed are Department property and shat be turned over to a the right-of-way.Within incorporated areas,drainage responsibilities for - 4r representative of the Department. municipalities are determined by statute and local ordinance.The Department P will maintain the roadway including auxiliary lanes and shoulders,except in those rru 9. The permittee shall.ensure that a copy of theffi permit is available for review at cases where the access installation has failed due to Improper access : ea construction site at all times.The permit may require the contractor to notify construction andlor failure to follow permit requirements and specifications in g the individual or office specified on the permit at any specified phases in which case the permittee shall be responsible for such repair.Any significant i— construction to allow the field inspector to inspect various aspects of construction repairs such as culvert replacement,resurfacing,or changes fn design or such as concrete forms,subbase, base course compaction,and materials specifications,requires authorization from the Department. specifications. Minor changes and additions may be ordered by the Department or local authorkyfield inspector to meet unanticipated site conditions. - air Form 101,Page 3 c' cn S 8 . Recehed:19.Dec.00 11:12 AM From:9703950772 To:5618288059 Powered by d4Fax.com Page:17 of 20 FROM : AFFORDABLE COUNTRY HOMES BRIAN PHONE NO. : 970 395 0772 Dec. 19 2000 11:39AM P17 State Highway Access Permit Page 1 Attachment to Permit No. 400137 -Additional Terms and Conditions I. If there are any questions regarding this permit. please contact Gloria Hice-idler at(970)350-2148. 2. The Pennittee shall refer to all additional standard requirements included with this permit and any enclosed additional terms,conditions,exhibits,and noted attachments. 3. Incorporated as part of this permit are the following: Application for Access Permit(COOT Form No. 137) Permit(COOT Form No. WI)and its two page attachment Exhibits: "A"- Access Plan "B"-Plat/Vicinity Map 4. This permit is issued in accordance with the State Highway Access Code(2 CCR 601-1),and is based upon the information submitted by the Pennittee. This permit is only for the use and purpose stated in the Application and Permit. Any changes in traffic volumes or type,drainage,or other operation aspects may render this permit void,requiring a new permit to the be applied for based upon cxisiting and anticipated future conditions. 5. If necessary,minor changes,corrections and/or additions to this permit may be ordered by the Department inspector,other Department representative or local authority to meet unanticipated she conditions. Changes may not be in violation of the State Highway Access Code. All major changes to the plans must be approved in writing by the Department prior to commencement of any work on or within the State Highway right-of-way. 6. This permit is subject to revocation due to: 1)Noncompliance with the provisions of this permit;2) Abandonment;3) Supersedure by new permit covering the same installation;or 4)Conflict with necessary planned highway construction and/or improvements. The Permittee shall promptly terminate occupancy upon notice of cancellation of the permit from the Department, unless a new permit is applied for and granted. 7. Reconstruction and improvements to the access may be required when the Permittee has failed to meet the required design and/or material specifications. If any construction clement fails within two years due to improper construction or material specifications,the Permittee is responsible for all such reparis. 8. The Department retains the right to perform any necessary maintenance work in this area. 9. Backing maneuvers within and into the State Highway right-of-way are strictly prohibited. All vehicles shall enter and exist the highway right-of-way in forward movement. Backing into the right-of-way shall be considered a violation of the terms and conditions of this access permit and may result in revocation of the permit by the Department and/or the issuing authority. 10. Routine, periodic maintenance and emergency repairs may be performed within the State Highway right-of-way, under the general terms and conditions of the permit. Any significant repairs such as culvert replacement,resurfacing,or changes in design or specifications, will require written authorization from the Department. The Department shall be given proper advance notice whenever maintenance work will affect the movement or safety of traffic on the State Highway. In an emergency,the Department Region Office and the State Patrol shall immediately be notified of possible hazards. 11. The access shall be constructed 20 feet wide with 20 foot radii. 12. The access shall be maintained in a manner that will not cause water to enter onto the roadway,and will not interfere with the existing drainage system within the State Highway right-of-way. Drainage to the State Highway right-of-way shall not exceed historical rate of flow. Received: 19.Dec.00 11:12 AM Fran:9703950772 To:5618288059 Powered by AFax.com Page: 18 of 20 FROM : AFFORDABIF COUNTRY HOPES BRIAN PHOPE NO. : 970 395 0772 Dec. 19 2000 11:4081 P18 State Highway Access Permit Paget Attachment to Permit No. 400137-Additional Terms and Conditions 13. Surfacing of the access shall be consist of 8 inches ABC Class 6. i4. All existing drainage structures shall be extended, modified,or upgraded as necessary,to accommodate all new construction and safety standards, in accordance to the Department's standard specifications. 15. A fully executed complete copy of this permit must be,on the job site with the contractor at all times during construction. Failure to comply with this or any other construction requirement may result in the immediate suspension of work by order of the Department inspector or the issuing authority. 16. The design and construction of access and/or development of this property shall not negatively impact adjacent nearby properties. Correction of the problem and cost resulting from damages shall be borne by the Permittee. Received:19.Dec.00 11:12 AM From:9703950772 To:5618288059 Powered by riHa.adm Page:19 of 20 FROM : AFFORDABLE COLIITRY HUES BRIAN 90€ NO. : 970 395 8772 Dec. 19 2Plaa 11:40R1 P19 r" COLORADO DEPARTMENT OF TRANSPORTATION Issuing authority application 41 STATE HIGHWAY ACCESS PERMIT APPLICATION acceptance data'/,1:119 • instructions:Instructions: - contact the Department of Transportation or your local government to determine your issuing authority. - contact the Issuing authority to determine what plans and other documents are required to be submitted with your application. - complete this form(some questions may not apply to you)and attach all necessary documents and submit It to the issuing authority.Submit an application for each access requested. - if you have any questions contact the issuing authority. Please print or type 'leagwty o+ner(Penni r. /� 1 1 2)Applicant AV4•rdablC l-owYn-y CIns;InC -San-) east edifies dty 1 street address,city Z33� (ois of *'c Grrue.� co....zip pM a states zip phones $Or 31 �9S�381 -4306•71s)Adders d popery to be sec by permit(If Item) e)Legal deaorblan of proper y: hem ""kleid I"."411"..20/ I uA I er 1.074/4" I..m /o I ammo 0(81 I Gtr 5)YRe1*W highway we you r oquuting amen item? 5)yrhai side of the highway `n7iN OS ❑ E ❑ w 7)How many k y bet proposed access from the nearest mit post? Now many feeds the proposed access from the ane rest moss street? tthOoM get(cadet N S EfYY)fret :_inks bat(Orme: N SE W /from: e)Checithere tyou rw requesing a ❑ new access 0 temporary access 0 Improvement to existing access }Scnarge in access use 0 removal of access 9)w atistteapprosWwb dew you Wend to Sub construction? ,f5A • It)Do You Mme andeladge el any Stele highway moans Permits serving this property.or adjacent properties In which you have a property interest. ❑ no pa yes,if yes-what are the permit number(s)?:411-. t V0 l and/or,permit date: I z/f% U 11)bows**property owner own or have any interests in any adjacent property? Oro >1 yes,tyes-please describe: }top l 4u 'h..i eas+ I2)Andr!ry other w tin or dedicated public streets,rands,Nohwayn or access easements bordering or within to properly? i-. pi,no 0 yes,if yes-list them on your plans and indicate the proposed and existing access points. 19)Ifyou are requesting asmmardsl Or industrial access please kaftan,the types and numberol businesses and provide the Door area square footage of each bonbon square footage business square leafage f1I/p11 I407arers requesting agricultural field aren't-bow many!s wet the access serve? 33.8LP acres 15)If you are requesting residential de eloprnentam•es,whelk the type(single family,apartment,townhouse)and number at urges? type numberol units fate nwnber of units 16)Prwide the Waning vahidS count estimates for w:Ndes that will use the erxees.Leaving the property than returning is two counts.Intricate If your tomes we ❑peak hour volumes or 111,average daily volumes. s apemen inn W;shrews 4 •a"Sri wit rw. sou other vwwr n slink nA wins.—".510 C. •el tem seder Nal striven° Teter count of all vide... Chet*Chn with the issuing*Who.*to*motwhich of the followingdacementa are required to complete tlereview of Your tppiction e ..JI (plane Mould ea no taiga.than 24'x 9aT W M aY y Pen�*. e) Property map Masan,Mbar acc ,bordering mats and sheet I) Proposed amass design M Dtairtagepbnshowing impure the highway right-S-way. g) Paine and ownership maps including easements. e) Map and letters debug udiy locations before and alter to Signing and striping pane. dadogrtent in and Song the rigbatwtty 0 Traffic control plan. d) SubdWyon,irnits or devabpnne pion. I) Proof affability insurance. • If an access permit is Issued to you it will stale the terms and conditions for its use.Any changes in the use of the permitted access not consistent with the terms and conditions listed on the permit may be considered a violation of the permit. me applicant declares under penalty of perjury in the second degree,and any other applicable state or federal laws,that all Information provided on this form and submitted attachments are to the best of their knowledge true and complete. Apprcants signature Date�Gr a'NM, If the applicant I not the owner of the property,we require this application also to be signed by the property owner or their legally authorized representative(or other acceptable written evidence).This signature shall constitute agreement with this application by all owners-of-interest unless stated in writing.If a permit is authorized,the property owner will be listed as the permttee. Property owner signature Des Previews Mils tiny be end deal susetin en.Sssadn2 - COOT Finn 11137 ses EXHIBIT "A"- SIMPLE ACCESS DESIGN m 09/00 -11 Define: width of access exclusive of radii 8 radii ! :: profile N angle if other than 90° surfacing—material type(asphalt grading,concrete class,total „ thickness,individual mat thickness for asphaltic materials) in curb and gutter type/dimensions/material r E.O„ permanent signing or pavement markings necessary drainage features—culvert type and size(no RCP in ROW),no (I) increased runoff to ROW N s pedal or unusual features g o any landscaping in ROW i Iv H 1..ArfaC-icn. . 8 A ° Mass Co V1 S E" N 2O + WI DTI-4• } 1 $ N R.O.ur. 5 re a __ g J 0 ib w °1 k ite lint 3 .-ar ,_,. �, A 2C DY 3 — O S.N. KU. center tine. �r Z R9, . Received: 11.Jan.01 03:34 PM From:3038683589 To:5618288059 Powered byaFax.com Page: 1 of 2 JAN-11-2001 14:40 DIV WRIER RESOURCES 303 866 3589 P.01'02 STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources ++ ISIS Sherman Street Room 818 ` �� Denver,Colorado 80203 Phone:(303)8&6-3581 FAX:(303)e64-3589 8111 Owen, hnpj/v+atcrztale.cg.uddefavjthim Governor Greg E.Wakher Executive Director Hal D.$lmpeon,P.E. • January 11, 2001 State&s "e Ms. Sheri Lockman Weld County Planning Dept. 1555 N. 17th Ave. Greeley, CO 80631 RE: Reevaluation of Irrigation Water Supply and Use of Wells Owl Creek Acres Subdivision, Z547 Sec. 16,T. 6 N., R.64 W., 6a' P.M. Water Division 1,Water District 1 Dear Ms. Lockman: In letters dated August 3, 2000, and September 8, 2000, we previously reviewed and commented on the above-referenced proposal to subdivide 75.34 acres into 7 residential lots, including one agricultural-zoned lot. The originally-proposed water sources were North Weld County Water District and a well for fire protection use only. In the September letter, the State Engineer's Office offered the opinion that the proposed water supply will not cause material injury to existing water rights, and with North Weld Water District serving the proposal, the supply is expected to be adequate for"customary residential use"on the seven lots. However, the Division reserved judgment on the adequacy of any water supply to serve landscaping or irrigation needs. Since our September letter, the applicant and his consultant provided additional information (enclosed) on the irrigation water supply, as well as the intention to use a well for 1/10-acre of irrigation (trees on lots 1-6), referring to Well Permit No. 228115, permitted on August 18, 2000. According to documents submitted and conversations with the applicant and his consultant, the applicant currently irrigates the area that is proposed as the"agricultural-zoned lot," using Cert. #5541 for two shares of Larimer and Weld Irrigation Co.water, with associated carrier rights from Certificate#1574 for three shares of Owl Creek Supply& Irrigation and Certificate#388 for three shares of Decker Lateral Co. Donn Engel, Secretary for the Irrigation Office, indicated in a telephone conversation that the Larimer and Weld Irrigation Co. shares yield an average of 20-30 AF/share, giving the applicant approximately 40-60 AF/yr. The applicant also has the ability to rent additional water when it i5 available. r Received:11.Jan.01 03:34 PM From:3038663589 To:5618288059 Powered by daFax.com Page:2 of 2 JAN-11-2001 14:40 DIV WATER RESOURCES 303 866 3589 P.02'02 Ms. Sheri Lockman Page 2 Owl Creek Acres Subdivision-Reevaluation January 11, 2001 Based upon the reported historical irrigation and ability to rent additional water, and the stated share yield, and pursuant to Section 30-28-136(1)(h)(1), C.R.S., it is our opinion that the proposed water supply is adequate for irrigation needs on the agricultural lot and can be provided without causing injury to decreed water rights. However,the applicant's Intent to use either Well Permit No. 228114 or 228115, Issued August 18, 2000, to serve the landscaping irrigation needs of the development does not meet the intention of the statute under which the well permits were issued. Pursuant to 37-92-602(6), C.R.S., "the exemptions set forth in this section are intended to allow citizens to obtain a water supply where other water supplies are not available." By having secured North Weld County Water District water to supply all seven residences, and committing the surface rights to the agricultural lot,this provision appears to no longer apply. Pursuant to a January 10, 2001,telephone conversation between the Division and the applicant, since it is unfeasible to obtain an alternate fire protection water supply at this location,the applicant will apply for fire protection use only wells and has agreed to request cancellation of the existing well permits at that time. If you have any questions, please contact Kathleen Sullivan of this office. Sincerely, ' Kenneth W. Knox Assistant State Engineer Enclosures(a/s) Cc(w/o enc.) : Brian Hegwood,Affordable Country Homes/Owl Creek Acres Todd Hodges,Todd Hodges Design, LLC Richard Stenzel, Division Engineer Water Supply Branch Subdivision file File Well Permit Nos. 228114&228115 Files KWK/kls:5:1Common'TEAM11SUBDIVMOw4 Creek Acres#3-Wak1 County.doc TOTAL P.02 Received: 14.Mar.01 03:45 PM Fran:9703950772 To:5618288059 Powered by&Fax.com Page: 1 of 1 FROM : AFFORDABLE COUNTRY IDES BRIAN PtiOIE NO. : 970 395 0772 Mar. 14 2001 04:17PM P1 Form No. OFFICE OF THE STATE ENGINEER GWS-25 COLORADO1DIVISIONaman St.,QFrWATEdo 6RoRESOURCES 818 3 (303)866-3581 857 WELL PERMIT NUMBER _ 232029 - DIV. 1 WD 1 DES. BASIN MD APPLICANT APPROVED WELL LOCATION WELD COUNTY NW 1/4 SE 1/4 Section 16 AFFORDABLE COUNTRY HOMES LLC Township 6 N Range 64 W Sixth P.M. 2337 LOST#C DISTANCES FROM SECTION LINES GREELEY,CO 80634- 2970 Ft.from North Section Line 2840 Ft.from West Section Line UTM COORDINATES (970)381-9054 Northing: Easting: •PERMIT TO CONSTRUCT A WELL ti.. > ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT_ CONDITIONS OF APPROVAL 1) This wets shall be used In such a way as to cause no material injury to sedating water rights. The issuance of this permit does not assure the applicant that no Injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2,unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors In accordance with Rule 18. 3) Approved pursuant to CRS 3732-602(3)(b)(0 for the use as described in CRS 37.92-602(1)(d). 4) The use of groundwater from this well is limited to fire protection. This well shall be capped and locked,and be available for use only in fighting fires. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The Division Engineer shall be notified within 72 hours whenever this well is pumped. 7) This well shall be constructed not more than 200 feet from the location specified on this permit NOTE: This well must be constructed within the 35+acre tract described as Lot B of Weld County Recorded Exemption No.0801-16-4-RE 2016. ,Aes 317101 • • • • • • • APPROVED direA rSKS n y Q �/J��_� ��(� State Engineer Q 9 LUV t EXPB�IRATION DATE +"^'° 2003 Receipt No.0472385 DATE ISSUED _ STATE OF COLORADO r DEPARTMENT OF TRANSPORTATION Region 4 rig •or 1420 2nd street Greeley,Colorado 80631 MINIM �' (9 7013 53 4 2 3 2 �� Weld County. SH 392 • Affordable Country Homes '/ Mile W of WCR 53 E of Lucerne October 19, 2000 Shed Lockman Weld County Planning Department 1555 N. 17"' Avenue Greeley,CO 80631 RE: Affordable.Country Homes/Owl Creek Acres Dear Sheri: Pursuant to a request from Todd Hodges, representative for Brian Hegwood, I am providing the following information: • CDOT has agreed to allow a new access to the above proposal with certain conditions. The existing field/oil gas well access-shall be removed if ANY proposal other than agriculture(including construction of a single family dwelling) is proposed and/or the oil wells go away. Traffic volumes to the existing access will be limited to 4 vehicletrips per day. Violation of this volume will result in immediate closure. s-% • New permits for both accesses must be submitted. An access application for the new access has been provided to me and I anticipate an access permit being issued by December 1,2000. If you should have any questions, please do not hesitate to contact me. (Sincerely, ' -c.o-ri'tRA_--t ot.t_ G rin Hice•Idler Assistant Access Manager (970) 350.2148 xc: file • 1 EXHIBIT CAz. �kgy� /'� #zed k xad #maid # 4d • .y� '000/.00 - nod b IAA ma 4L9L OWN xvd 4Heod 2Z:21 00, 61 100 Ted 200 0IAdual 100 861Z0S20L6 STATE OF COLORADO OFFICE OF THE STATE ENGINEER Weld County Planning Dept. H Division of Water Resources eer7s 8 Department of Natural Resources 1313 Sherman Street, Room 818 SEP 13 a000 t\ r Denver,Colorado 80203 1876' Phone: :( (303)) 3 RECEIVED FAX:1303)866-3589 V Bill Owens Governor httpliwater.state.co.usidefault.htm Greg E.Walther Executive Director Hal D.Simpson,P.E. State Engineer September 8, 2000 Ms. Sheri Lockman Weld County Planning Dept. 1555 N. 17th Ave. Greeley, CO 80631 RE: Reevaluation Owl Creek Acres Subdivision, Z-547 Sec. 16, T. 6 N., R. 64 W., 6th P.M. Water Division 1, Water District 1 Dear Ms. Lockman: We have reviewed the above-referenced proposal to subdivide 75.34 acres into 7 residential lots, including one agricultural-zoned lot. The proposed water sources are North Weld County Water District and a well for fire protection use only. We previously commented on this proposed subdivision in a letter dated August 3, 2000. Although a "Water Supply Information Summary" form has not been provided by the applicant, Alan Overton, District Engineer for North Weld County Water District provided supplemental information about the District's currently available water supply and its signed Water Service Agreement with the developer for this proposed subdivision. In the agreement, the District agrees to furnish 228,000 gallons (70% of an acre-foot) of water per tap per year for seven residential water taps. Still, no water supply has been identified and confirmed to serve the landscaping and agricultural irrigation needs of the development described in the submitted materials. Pursuant to Section 30-28-136(1)(h)(II), C.R.S., the State Engineer's Office offers the opinion that the proposed water supply will not cause material injury to existing water rights, and with North Weld Water District serving the proposal, the supply is expected to be adequate for"customary residential use" on the seven lots. Until further information is provided, this office reserves judgment on the adequacy of any water supply to serve landscaping or irrigation needs. r EXHIBIT Goz4547' Ms. Sheri Lockman Page 2 Owl Creek Acres Subdivision September 8, 2000 r If you have any questions, please contact Kathleen Sullivan of this office. Sincerely, 2 • / Kenneth W. Knox Assistant State Engineer cc: Richard Stenzel, Division Engineer Water Supply Branch Alan Overton, NWCWD Subdivision file File KWK/kls: S:\Common\TEAM1\SUBDIV\Owl Creek Acres#2-Weld County.doc r Welch C1nu" t j SN .5lz a liI t4t-N.) Weld County Referral i 11 Weld County Planning Dept. July 6, 2000 C. SEP 11 2000 all COLORADO RECEIVED co C.04.c The Weld County Department of Planning Services has received the following item for review: Applicant Affordable Country Homes, Case Number Z-547---- I Inc. Please Reply By July 28, 2000 Planner Sheri Lockman `• Project PUD Change of Zone from A (Agricultural)to PUD with six E (Estate) lots and one A(Agricultural) lot. I Legal Lot B of RE-2016, being part of the SE4 of Section 16, Township 6 North, Range I 64 West of the 6th P.M., Weld County, Colorado. I Location North of and adjacent to SH 392 and A mile east of WCR 53. ; Parcel Number 0801 16 000070 i The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) August 15, 2000 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan O We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. 4/ 11 Comments: Pro yckd R11) IS -]J' nor+i n cC�VT-ty l l vtQ- • r!&K_ C7ffsiVf -lo allow: a new access at"1-\ leave c),(isi;,tiq, Exist vtj wt II clo awa.f ‘C- aAr)y view bt u Icl ill sdc Fs pl an nfa encl/o r uz.f l ,5 eau . Q pezrvti-Fs A( E -Eh a ccess?s w U tot regt.0 re Signature t'at 1,dA 14,i - l Date oil* / Agency CT— /\cccs5 •:•Weld County Planning Dept. 41555 N. 17th Ave. Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fa ra c �(ol�rri25 O-Y1 . �i ci5 n�9 S\na(1 Yr a ,4. EXHIBIT 4 -+Y-;ps par S1/4-O-,-i . c.alt57 Weld County Planning Dept. AUG 23 2000 HS RESOURCES, INC. 1999 BROAOWAV, SUITE 3600 DENVER, COLORADO 80202 600 RECEIVED FACSIMILE (303)3296-3601 August 21,2000 Ms. Sheri Lockman Members Weld County Planning Commission 1555 North 17th Avenue Greeley, CO 80631 Re: Owl Creek Acres PUD/Case Number Z-547 Applicant/Affordable Country Homes. Inc. Township 6 North, Range 64 West Portion of SE/4 Section 16(Lot B of RE-2016) Weld County, Colorado Dear Ms. Lockman: Affordable Country Homes, Inc. ("Affordable")has submitted to Weld County Planning a PUD to rezone the above referenced lands from A (agricultural)to six E (Estate) lots and one .--. A (Agricultural) lot. HS Resources, Inc. ("HSR") owns all rights to develop the oil and gas estate under the proposed PUD and presently owns and operates the Howard State #1 oil and gas well located in the approximate center of the PUD. HSR objects to the PUT) pending that Affordable works out a Surface Use Agreement with HSR to: 1. To determine adequate access to the exiting well and production facilities 2. Allow for protection of the exiting flowline from the wellhead to the production facility 3.Allow for protection of the gas line to the production facility HSR needs at least 200 feet around a well to safely conduct a fracturing operation and possible future drilling (see attached plats). No improvements other than grass should be placed over flowlines or pipelines as they need to be inspected and my need to be repaired. Very truly yours, HS RESOJFR E INC Donald French Landman CC: Todd Hodges Jeffery R. Fiske EXHIBIT -#5y7 1 NEW WELL Drill Site Dimensions I- 350' - - - -- I I Fence Frac Tank 1 Frac Tank 1 • I Frac Tank 3 I alFrac Tank 4 I C o 3 Frac Tank 5 in n Fiac Tank 6 v Frac Tank 7 oFrac Tank 8 I la) Frac Tank 9 I = m Frac Tank 10 I� ti Frac Tank if I _ 150' - Wellbore " 01� O Location Frac Tank 12 Z M I Frac Tank 13 I Frac Tank 14 I Frac Tank 15 I Frac Tank 16 I h I I I I I 200' I I I I J I ► 1 Fence Scale 1" = 50' J SAND FRAC Frac equipment will not be closer than 75' to the existing weilbore _ _ _ - 275' -- _ _- --- _ Fence Frac Tank-11 Frac rank 2 Frac Tank 3 Frac lank 4 0 Frac lank 5 M Frac Tank 6 - Frac lank 7 75' �p� VYellbore Frac Tank c Frac Tank 9 c Frac Tank 10 I 0) a Frac Tank 11 (i) NI Frac Tank 12 C NI Cb Frac Tank 13 L Frac Tank 14 Frac Tank 15 Frac Tank 16 I I I I 200' —I I I I j Fence Scale 1" = 50' LYCO ENERGY CORPORATION John K.(Jack)Walker, Ill,CPL Consulting Landman Via Facsimile 970-352-6312 Weld County Planning Dept August 8,2000 15 7000 Weld County Department of Planning Services F C r•-• Attention: Ms Shani L. Eastin 1400 N. 17th Avenue Greeley, CO 80631 Re: Case Z-547 Hearing The SE%of Section 16,T6N-R64W,Weld Co.,CO Gentlemen: Lyco Energy Corporation is the operator and owner of four producing oil and gas wells in the subject area affected by Case Z-547. Present Colorado Oil and Gas Commission spacing regulations allow an additional well in the SE% SEA to be drilled on the subject acreage in addition to the existing wells. The regulations provide that the surface location for each well shall be within 200 feet of the center of the quarter-quarter section. Lyco objects to any change in the zoning for the subject area which would restrict it's ability use the surface of lands covered by its leases in the subject area to drill the remaining three wells authorized under the existing spacing regulations at the regular surface locations required by the spacing regulations. Lyco requests that any change in use or zoning should carry the condition that subjects surface use to the right of surface use for drilling and production operations by Lyco, or any other subsequent operator of leases affecting the subject acreage. Should you have any questions,please call me at 214-890-4400, ext. 121. Very truly yours, LYCO E GY CORPORATION J K. Walker, III onsulting Landman cc: G.N. Dittmar EXHIBIT R. G.Moore, Jr. Ys A/k coz. _ tsci Telephone: (214)890-4400 • Fax: (214)890-9917 • E-mail: jwalker@lycoenergy.com 6688 North Central Expressway•Suite 1600•Dallas,Texas 75206-3927 ESTHER Gesick- Owl Creek Acres PUD COZ Page 1 From: "Todd Hodges Design, LLC" <toddhodgesdesign@earthlink.net> To: "ESTHER Gesick" <EGESICK@co.weld.co.us> Date: 4/6/01 11:20AM Subject: Owl Creek Acres PUD COZ Esther: The 16th of May is the date that works best for the Board Hearing. I have another case the week prior and do not wish to have two subdivisions at the same hearing. Thank you for your time and consideration in this matter. Have a good day. Todd Todd Hodges Design LLC (1 EXHIBIT ea 7 HS RESOURCES, INC. `l flN ry 1999 BROADWAY, SUITE 3600 DENVER, COLORADO 80202 )) [7(303) 296-3600 'l AY -0, II ©; 5 J FACSIMILE (303) 296-3601 May 3, 2001 CC Board of County Commissioners Weld County, Colorado P.O. Box 758 Greeley, CO 80632 Re: Docket Number#2001-29 Township 6 North—Range 64 West Section 16: a portion of the SE/4 Weld County, Colorado Dear Ladies and Gentlemen: HS Resources, Inc. is in receipt of your notice with regards to the zoning change for the subject property. Please be advised that HS Resources, Inc. ("HSR") and the applicant, Affordable Country Homes, LLC, have entered into a Surface Use Agreement with respect to the development of the surface estate and mineral estate. A copy of said agreement is enclosed herewith. HSR is the operator of the Howard State #1 natural gas well located on the property. The applicant's preliminary plat, which has been submitted to the Weld County Planning Department, is made a part of the aforementioned Surface Use Agreement as Exhibit"A". Weld County and the applicant's involvement of HS Resources, Inc. in the planning process were very much appreciated. If you have any questions please call me at the number above. Very truly yours, HS RESOURCES, INC. Christopher J. Grenea Landman Enclosures cc: Mr. BrianHegwood14 EXHIBIT Mr. Todd Hodges __1 I IIIll 111111111111 IIII 111111 III IIII'" 'II 11111 IIII IIII 2834245 03/22/2001 01:55P JA Sul, lsukamoto 1 of 10 R 50.00 D 0.00 Weld County CO SURFACE USE AGREEMENT S This Surface Use Agreement ("Agreement") is made this 9th day of March, 2001, and is between HS Resources, Inc. ("HSR"), 1999 Broadway, Suite 3600, Denver, CO 80202, and Affordable Country Homes, L.L.C. ("Surface Owner"), 2337 10th Street, No. C, Greeley, CO 80634. A. Surface Owner is the surface owner of a certain tract of land in Section 16 Township 6 North, Range 64 West, Weld County, Colorado (hereinafter referred to as the "Property"); B. Surface Owner's surface ownership of the Property is subject to the rights of the oil and gas mineral estate, which has been leased to Dean L. Cummins and is currently owned by HSR; C. Surface Owner has plans to develop the surface of the Property. D. HSR has the right to develop its oil and gas leasehold estate by drilling additional wells (hereinafter referred to as "Future Wells") on the Property and/or deepening, recompleting, or reworking the Howard State No. 1 well located in the SW/4 of the SE/4 of Section 16, Township 6 North, Range 64 West, Weld County, CO and any Future Wells on the Property E. This Agreement sets forth the parties' rights and obligations regarding the relationship between the development of the Property by Surface Owner and HSR's operation and development of its oil and gas leasehold estate. In consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. AREAS RESERVED FOR FUTURE OPERATIONS. Surface Owner shall provide HSR the areas designated on Exhibit "A" for future oil and gas operations, including operations related to the Existing Well and any Future Wells (the "Oil and Gas Operations Areas") for any operations conducted by HSR in connection with the Existing Well and any Future Wells, including, but not limited to, production activities, workovers, well deepenings, recompletions and fracturing. Except for the space included within the Oil and Gas Operations Areas and the access roads provided for in Section 4 below, HSR shall not occupy the surface of the Property for any Future Wells except in the event of an emergency or for reasonable incidental, temporary and non-damaging activities, and HSR shall be strictly and solely responsible for any damages that may occur as a result of HSR's activity on such portions of the Property. ,r^ DGS-W-Surface Use Agreement-Owl Creek.DOC 3/8/01 4:17 PM 1111111 0111 1111111 IIII 11111 111 1111111 III 11111 H IIL 2834245 03/22/2001 01:55P JA Sulu T' imoto 2 of 10 R 50.00 0 0.00 weld County I.- 2. WELL LOCATIONS. HSR shall have the right to drill Future Wells (including horizontal and directional wells that produce from and drain lands other than the Property) at any locations within the Oil and Gas Operations Areas designated for Future Wells as shown on Exhibit "A", so long as such locations are permitted locations under the then applicable well spacing regulations of the Colorado Oil and Gas Conservation Commission ("COGCC") or exceptions granted thereto by the Director of the COGCC, provided Surface Owner shall not protest or object to any such exception location. HSR shall not otherwise have the right to drill new wells on the Property. 3. SURFACE RECLAMATION AND SURFACE DAMAGES. Surface Owner shall bear all risk of loss for any reason with respect to any improvements constructed by Surface Owner or its assigns that are located within any Oil and Gas Operations Area, and Surface Owner hereby waives and releases HSR and its affiliates, shareholders, members, officers, agents, representatives, employees, successors and assigns, from any and all liability for any claims, damages or losses associated in any way with such improvements or surface damages thereon, regardless of any negligence on the part of or on behalf of HSR or its affiliates, shareholders, members, officers, agents, representatives, employees, successors or assigns; provided, however, that HSR shall be responsible for loss of crops, if any, damaged by HSR in the course of its activities on the Property. In consideration of the parties' rights and obligations, as outlined herein, this Agreement shall constitute the agreement for surface damages required pursuant to the COGCC's Rules and Regulations or under any oil and gas lease covering the Property. r 4. ACCESS HSR shall continue to use its existing easements for access to that portion of the Oil and Gas Operations Areas designated for operations around the Existing Well. Surface Owner shall provide HSR all necessary easements for access to the Oil and Gas Operations Areas designated for Future Wells as mutually agreed to by the parties. Such access for operations for any Future Wells shall extend from CO HWY 392 to the Oil and Gas Operations Areas substantially in the location depicted on Exhibit B. The access road shall be constructed at HSR's sole cost and expense. HSR shall maintain the access road at its sole cost during the period of time that HSR conducts operations within the Oil and Gas Operations Areas; however, Surface Owner shall be responsible for any damage caused by it or at its direction. Upon written request from HSR, Surface Owner shall promptly execute and record an easement and right of way in favor of HSR. granting it the rights of access specified in this Agreement. Within the Oil and Gas Operations Areas, HSR may locate any other roads as it determines convenient for its operations within the Area. 5. BATTERIES AND EQUIPMENT. HSR shall have the right to locate, build, repair and maintain tanks, separators, dehydrators, compressors and other equipment reasonably appropriate for the operation and production of any Future Wells and the Existing Well only within the Oil and Gas Operations Areas. With respect to HSR's equipment and facilities other than pipelines: 111/1111111 1111111 IIII 111111 03 11111 III 11111 X1111111 2834245 '03/22/2001 01:55P JA Suki T smote 3 of 10 R 50.00 0 0.00 Weld County t,.. a. HSR shall install and maintain at its sole cost and expense, all fences around any Future Wells in compliance with the Rules and Regulations of the COGCC or as are mutually agreed to by Surface Owner and HSR; b. HSR shall install and maintain, at its sole cost and expense, all gates and locks necessary for the security of any wells or facilities in the Oil and Gas Operations Areas. Such gates and locks shall be the standard gates and locks used by HSR; c. HSR shall paint any production facilities for any wells, including wellhead guards, with paint that is approved by the COGCC; and d. Surface Owner may install and maintain, at its sole cost and expense, any landscaping around any wells, facilities and the Oil and Gas Operations Areas. Surface Owner shall not inhibit HSR's access or operations by landscaping or other improvements. 6. FLOWLINES AND PIPELINES. HSR shall have the right to lay and or replace any and all flowlines and pipelines for gas and liquids necessary in connection with HSR's production and transportation of oil and gas from any wells on the Property. Flowlines and pipelines for Future Wells will be located in the Oil and Gas Operational Area. Surface Owner shall grant to HSR the rights-of-way needed by HSR for any new flowlines or pipelines. All flowlines and pipelines shall be located at a depth of approximately 48 inches from the surface. Flowlines are defined as those lines, which carry water or hydrocarbons from the wellhead to a production unit such as a separator. The construction and burying of flowlines and pipelines shall be at the sole cost and expense of HSR or its gas purchaser. Should Surface Owner request the relocation of any flowlines or pipelines on the Property. and HSR agrees to such relocation, Surface Owner shall be responsible for any and all relocation costs. Surface Owner shall maintain a minimum of 42 inches of cover over all pipelines and flowlines during any of Surface Owner's operations. If said minimum is not maintained by Surface Owner during development of the surface of the subject property. then Surface Owner shall be responsible for any and all cost to have HSR maintain the line the minimum and maximum depths. Surface Owner and HSR shall consult and cooperate regarding their respective development plans. 7. NOTICE OF FUTURE OPERATIONS. HSR shall provide at least seven days prior written notice to Surface Owner of any operations in connection with the reworking, fracturing, deepening or other operation on the Exiting Well or Future Wells; provided, however, that HSR shall provide at least 30 days prior written notice to Surface Owner and/or any association formed by Surface Owner that is associated with the Property of the drilling of any Future Wells. Regardless of the foregoing notice requirements, HSR shall have immediate access in the event of an emergency. The notification of operations shall describe the following: 1. The proposed starting date for the proposed activity; 2. The proposed operations to be performed at the site; UIIIII 1111111111111111 MI 111111101 III 11111 2834245 03/22/2001 01:55P 3uki Tsukamoto 4 of 10 R 50.00 D 0.00 Wela vounty CO 3. An approximate summary of the on-site equipment to be utilized; and 4. The approximate duration of the proposed activities. Not less than five working days prior to HSR's mobilization on the applicable Oil and Gas Operations Areas, either HSR or Surface Owner may request an on on-site meeting. The purpose of the meeting shall be to inform Surface Owner of the expected activity and to coordinate site access, hazards, barricades, restoration or any other issues that affect the use of and the safety of Surface Owner's development. 8. NOTICES TO HOMEOWNERS AND BUILDERS. Surface Owner shall furnish all buyers of the Property from Surface Owner with a plat or map showing the Oil and Gas Operations Areas. In addition, Surface Owner shall provide notice to all builders, homeowners and other buyers of the Property from Surface Owner and the homeowner associations that: a. Such buyers are not purchasing and do not own any interest in the oil and gas mineral estate; b. There may be ongoing oil and gas operations and production in the Oil and Gas Operations Areas on the surface of the Property, as well as operations around the Existing Well; c. There are likely to be additional Future Wells drilled and oil and gas operations and production on the surface of the Property in the Oil and Gas Operations Areas; d. Future purchasers of all or a portion of the Property, as successors in interest to Surface Owner, will be acquiring a proportionate interest in Surface Owner's rights under this Agreement and assuming those obligations undertaken by Surface Owner pursuant to this Agreement; and e. Homeowner associations and buyers of individual lots or homes, as successors in interest to Surface Owner, will be acquiring a proportionate interest in Surface Owner's rights under this Agreement, and will be subject to the waivers contained in Sections 9 and 10 and the covenant contained in Section 11. 9. DRILLING AND COMPLETION OPERATIONS. HSR shall endeavor to diligently pursue any drilling operations to minimize the total time period and to avoid rig relocations or startup during the course of drilling. Surface Owner waives any objections to continuous (i.e., 24-hour) drilling operations. Surface Owner also waives any right to require that wellhead or production equipment be located in conformance with any setback requirements (including but not limited to those concerning any "high density" Rules of the COGCC) that are more restrictive than those specified in Section 10 or as depicted on Exhibit "A". Subject to the waiver of setback requirements as set forth above, HSR shall conduct its operations in compliance with the provisions of the Rules and Regulations of the r COGCC set forth in Rule 603. 111111111111111111110111111111111111111111111 III! IIII ' 2834245 03/22/2001 01:55P JAS Isukamoto • 5 of 10 R 50.00 0 0.00 Weld County CO 10. SETBACK REQUIREMENTS. Surface Owner shall not build any dwelling or other structure of any kind, including any fencing, on any lands located within the Oil and Gas Operations Area. 11. GOVERNMENTAL PROCEEDINGS. Surface Owner shall not oppose HSR in any agency or governmental proceedings, including but not limited to the COGCC, Weld County, or other governing body proceedings, related to HSR's operations on the Property, including but not limited to drilling, workovers, well deepenings and recompletions, provided that HSR's position in such proceedings is consistent with this Agreement. 12. LIMITATION OF LIABILITY, RELEASE AND INDEMNITY. a. NO PARTY SHALL BE LIABLE FOR, OR BE REQUIRED TO PAY FOR, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES TO ANY OTHER PARTY FOR ACTIVITIES UNDERTAKEN WITHIN THE SCOPE OF THIS AGREEMENT; b. Except as to claims arising out of pollution or environmental damage (which claims are governed by Section 13 below) or out of other provisions of this Agreement (which claims shall be governed by the terms of this Agreement), each party shall be and remain responsible for all liability for losses, claims, damages, demands, suits, causes of action, fines, penalties, expenses and liabilities, including without limitation attorneys' fees and other costs associated therewith (all of the aforesaid herein referred to collectively as "Claims"), arising out of or connected with each such party's ownership or operations on the Property, no matter when asserted, subject to applicable statutes of limitations. Each such party shall release, defend, indemnify and hold the other parties, their officers, directors, employees. successors and assigns, harmless against all such Claims. This provision does not, and shall not be construed to, create any rights in persons or entities not a party to this Agreement, nor does it create any separate rights in parties to this Agreement other than the right to be indemnified for Claims as provided herein: c. HSR shall have the right to file an operator's lien against other owners of the oil and gas leasehold interest to recover amounts owed to HSR; and d. Upon the assignment or conveyance of a party's entire interest in the Property, that party shall be released from its indemnification in Section 12.b. above, for all actions or occurrences happening after such assignment or conveyance. 13. ENVIRONMENTAL INDEMNITY. The provisions of Section 12 above, except for Section 12.a., shall not apply to any environmental matters, which shall be governed exclusively by the following, subject to the limitations of Section 12.a. above: a. "Environmental Claims" shall mean all Claims asserted by governmental bodies or other third parties for pollution or environmental damage of any kind, arising from operations on or I111111111111111111111111111 itl 1111111 III 111111111 Ilil 2834245 03/22/2001 01:55P JA Sof iukamoto 6 of 10 R 50.00 0 0.00 Weld Cook., CO ownership of the Property or ownership of the oil and gas leaseholc interest, whichever is applicable, and all cleanup and remediation costs, fines and penalties associated therewith, including but not limited to any Claims arising from Environmental Laws :r relating to asbestos or to naturally occurring radioactive material. Environmental Claims shall . of include the costs of any remediation undertaken voluntarily by any party, unless such remee ttion is performed under the imminent threat of a Claim by a governmental body or other third pa::y; b. "Environmental Laws" shall mean any laws, regulations, rules, ordins races, or order of any governmental authority(ies), which relate to or otherwise impose liabilir obligation, or standards with respect to pollution or the protection of the environment, including ,)ut not limited to, the Comprehensive Environmental Response, Compensation and Liability t of of 1980, as amended (42 U.S.C. § 9601 et seq.), the Resource Conservation and Recovery A.' of 1976 (42 U.S.C. §§ 6901 et seq.), the Clean Water Act(33 U.S.C. §§ 466 et seq.), the Safe Dr:-thing Water Act (14 U.S.C. §§ 1401-1450), the Hazardous Material Transportation Act (49 U.S.C. §§ 1801 et seq.), the Clean Air Act, and the Toxic Substances Control Act (15 U.S.C. §§ 2601-2629;; and c. Environmental Indemnification. HSR shall protect, indemnify, and hold harmless Surface Owner and any lot owner who purchases a lot from Surface Owner from any Envircnmental Claims relating to the Property or oil and gas leasehold thereunder that arise out oi HSR's ownership and operation of the Oil and Gas Operations Areas. Surface Owner sha.' fully protect, indemnify and hold harmless HSR from any and all Environmental Claims relai ng to the Property that arise out of Surface Owner's development of the Property. 14. EXCLUSION FROM INDEMNITIES. The indemnities of any party herein shall not cover or include any amounts, which t. indemnified party may recoup from any third party, or that for which the indemnified party reimbursed by any third party. The indemnities in this Agreement shall not relieve any party from any obligations to third parties. 15. NOTICE OF CLAIM FOR INDEMNIFICATION. If a Claim is asserted against a party for which another party would be liable under the provisions of Section 12 or 13 above, it is a condition precedent to the indemnifying party's obligations hereunder that the indemnified party give the indemnifying party written notice of such Claim setting forth all particulars of the Claim, as known by the indemnified party, including a copy of the Claim (if it is a written Claim). The indemnified party shall make a good faith effort to notify the indemnifying party within thirty days of receipt of a Claim and shall affect such notice in all events within such time as will allow the indemnifying party to defend against such Claim. 16. REPRESENTATIONS Each party represents that it has the full right and authority to enter into this Agreement. HSR does not represent that it has rights to settle matters for all of the mineral owners in the Property, and this Agreement shall only apply to and bind the HSR leasehold interest in the property. 1111111 III 1111111 111111 1111111II 1111111011111 •2834245 03/22/2001 01:55P JA St ,sukamoto -7 of 10 R 50.00 D 0.00 Weld County CO 17. SUCCESSORS. The terms, covenants and conditions hereof shall be binding upon and shall inure to the benefit of the parties and their respective heirs, devises, executors, administrators, successors and assigns; provided, as to HSR, successors and assigns shall be deemed to be limited to lessees under the oil and gas leases which HSR owns. 18.TERM. This Agreement shall become effective when it is fully executed and shall remain in full force and effect until HSR's leasehold estate expires or is terminated, and HSR has plugged and abandoned all wells owned all or in part by HSR and complied with the requirements of all applicable oil and gas leases pertaining to removal of equipment, reclamation, cleanup and all other applicable provisions of the leases and existing laws and regulations; provided, however, that if Surface Owner does not commence development on the surface of the Property within three years from the effective date of this Agreement, then this Agreement shall automatically terminate. When this Agreement ceases to be in full force and effect, the parties shall execute any and all releases necessary to evidence the fact that this Agreement shall no longer apply to the Property. 19.NOTICES. Any notice or other communication required or permitted under this Agreement shall be sufficient if deposited in U.S. Mail, postage prepaid, addressed to each of the following: If to HSR: HS Resources, Inc. 1999 Broadway, Suite 3600 Denver, Colorado 80202 Attention: Land Manager If to SURFACE OWNER: Affordable County Homes, L.L.C. Attn: Brain Hegwood 2337 10th Street,No. C Greeley, CO 80634 Any party may, by written notice so delivered to the other parties, change the address or individual to which delivery shall thereafter be made. 20. RECORDING. This Agreement, any amendment hereto, and any release entered into pursuant to Section 18 above, shall be recorded by HSR, which shall provide the other parties with a copy showing the recording information as soon as practicable thereafter. IIIII{{IIIII1111111IIII111111IIIlJIII ' "JIIIIIIIIIIIII 2834245 03/22/2001 01:55P JA Sulu sukamoto B of 10 R 50.00 0 0.00 Weld County CO 21.ARBITRATION. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be resolved by arbitration conducted in Denver, Colorado and shall be administered by the American Arbitration Association under its commercial rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 22.APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado,without reference to its conflict of laws provisions. 23. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding among the parties hereto regarding the matters addressed herein, and supersedes any previous communications, representations or agreement, whether oral or written. This Agreement shall not be amended, except by written document signed by all parties. [THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK.] Illul 1111111111111111111111111 Ill III 1111111111111 2834245 03/22/2001 01:55P JA Sulu Tsukamoto 9 of 10 R 50.00 D 0.00 Weld County CO The parties have executed this Agreement on the day and year first above written. HS RESOURCES, INC. By: �..,ira 7(7 fret, wet W. Pasque-Vic resident of Lr AFFORDABLE COUNTY HOMES, L.L.C. By: Brian He ood—Managing Member Acknowledgments STATE OF COLORADO ) .""••• CITY AND ) ss. COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this day of(4/1A Z�� 2001, by Janet W. Pasque — Vice President of Land for HS Resources, Inc., a Delaware corporation, on behalf of that corporation. Witness my hand and official seal. LYNDA K. HENDRIX LAt}t 4-t-ft NOTARY PUBLIC Notar./Public STATE_ , F , � � n ADC fission Expires 3/10/20:- STATE ar COLORADO ) ) ss. COUNTY OF ) /' The foregoing instrument was acknowledged before me this I4 day of (Ch 2001,by Brian Hegwood—Managing Member f Affordable Country Homes, L.L.C. Witness my hand and official seal. c` Notary Public �z CRY� . \ ,i My Commission Expires: UBt\G • • CD My Commission Expires 01-25-2003 P • ,- Si: '�<- •I • ._. _. — — — --- -- --- --- ---i. _T __ • 1pe1Oaeerlpllen: it`I Z . \ lot B RE.20le SE y.4064wM or Inn t a,..\•,, � �, � -�J t \ 111.'P M.WWI County.Cotoraeo i A d • \.�: csae llp..•1no..eral.wlttalow .�.. —._.I�..1 • l ... 111.1,~••+A ,r .wr41•era iMw~ I j. 1-15rI ! I t + t ' w...�.... ./..••••••••ar:.-ww:.-•'.•ye«w�.w�..yyr+..�.........w V i f i \ AA.. / .. . I I I 1 -T • ..r -la...a-yr«.—u.Zn i I / ; 1111 l• . .....rrw••....w�rn,r...w,—.wr�� y V 1 E c}i 1,1 / / / ,./ / /� I I .I • IA.1rw Iti...lar.rwa u ///'//. V.cmdy Maf-NM to Sple , I • /// II.^1aw.114wur••,r11res••i•e.,.er.A.. /// ,/r:: rr ? .1n. •••• M . 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Owl Creek Acres PUD r�= - -� xo� • Ems * l - -• --- Applicant: Planner: 4 • OM= 111111. �j O, I r..Ir n Atlordable Country Homo',llC TODD HODGC9 02516N.LLC 9 --+-N v••• Chan a of Zone Plat 2337 l0n 5treet.IC 2+12 Denby Court 1,r„� 9 Grnky.Cabredo two I fort CoVms,Cotoredo 6052C • Ex t+A� r • CASE N0. Z-597 : 7, ACRES NAME g. Affordabk.. ginjaMes REQUEST °o° '�` � F d,a e ' A PUBLIC HEARING CONCERNING THIS ; PROPERTY �LL BE HELD AT 1555 NORTH J / 17>h AVE., GREELEY, COLORADO 80631, ,` ; . 2 ON 114-11a---.204L_AT IO:004n. • ' , FOR MORE INFORMATION CALL THE - WELD COUNTY DEPT. OF PLANNING SERVICES AT (970) 353-6100 EXT 3540. 4 #XIHIIII Affordable Country Homes, LLC 2337 106 Street,#C Greeley, Colorado 80631 May 9,2001 Weld County.Department of Public Works Attn.;Diane Hougbtaling P.E.,Traffic Engineer PO Box 758 Greeley,Colorado 80632 RE: Second Access on Owl Creek PUD Change of Zone Dear M .Hought,ling: This letter is to inform you that 1 will close the existing access once construction within the eubdilision is completed. This decision is based co the agreement wilt HS �— Resources and discussions Todd Hodges of Todd Hodges Design LLC has had with Gloria. Hicc Idler and yourself. It is necessary that the existing *mess stay open for, existing Oil & Gus operations and agricultural activities on the site during oonatrmtion of to development. If you have any condom I may be reached et: 20, ,38'/-? a '�' 170-- ter'--(2 .5 -rcfx r70- y Sincerely, jeler.;;:c Brian Hopwood Affordable Country Homes,LLC Co: Todd Hodges Design.LLC EXHIBIT coZ *5'47 Z-547 Owl Creek Acres , , . I ' , 33 44 3`a I i,_ t , I - 3-b --- 31 32 33 34 35 36 31 3 FI I I _,{ GA T I J 1 to I § lb -- 11- 1 ,l2- : 7 , l8 I 9 I Q' 10 11 12 7 U I ,i1 IEFFIFI I II I 11 16 I 15 14 13 I 1�g 17 14 13 18 e I Dairy HWY 392 - hi ,, 1. 1T i1 } 11. I I 21 F 2h_ F 23 I 1 24- /��;Lp PUD 2p , �1 �_ 22 -... 2t� 24 19 �F ,i I. I I (4¢nd pew�s y _�.._ I� e.- Minor UbdIviiion IL _ 1 I 28 I '--6-2F7 2 2b-F-.—F IF 28 , -I 7 2,..il_Y -� ._ 25 30 I ,J_. _ _ I I I�. I III, . T 34 .._ %3h' .,_ '34F . I,.. . I I33 IF. 34 I 35 F 36 a1 i 36 31 I` I F I. I I I' I.. F - I i - I 4_ ' 1 6 1 ��—" . ' j. . —t' I '''-e ' I I - -� 3 0 3 6 Miles N 11*Proact has been dnaloped easy la irinl Yee aey by wad County.The GS deist*se end dela In the aaeun U eiMea to aos1n1 change end me accuracy gild mnlpl.Ylrx cannot be are is nal that a the llaee. Its vss legally re d uNheW or wtmeaetlebNEO State \I /_ edtla Iola orR NO CIRCU STANCE SHALL uses aCT BE lkSapplicable ED FORSFINAL a law UNDER N i LDCUUbTANCE N THE WARRANTIES GUARANTEES. ES DESIGN EXPRESSED WELD COUNTYAS t)MAKESTH CD. LETEN SSS.OR OEs. `` x-11 BJRRECT ESS OF ORIMPXDUCTroRA ACCURACY.COMPLETENESS. R -� \ L �� CORRECTNESS .I INCSUCHOMPLETE PRODUCT,OR ISLEACCITB ANY LIION CO I/UNE°FROM ANY INCERR et il ma7ohfImDRe copied, INFORMATION or ens CONTAIN® mess v. No repodlwea0enemgbeinayblmagag, scanning, or u; Including.but not system ni oennk,roewovad photocopying,recording, .. consent by ofvretrieval• ""aayna ppaneppowMMa.M.m... EXHIBIT S CDz# 5t47 �- Todd Hodges Design, LLC I I . I H I / ii : T k'as t 1 / / �y1/'-Ny n, , / / / /4�I � � Winity Map—Not to Scale , ; PI `S^' I� / i // /N\ ) (I ! i\ \.. / 7 / ,/,‘, �(; I i i1 i/sop j I i I / / / I ! ' \ '4 I 10 I I I / l \ 1 11 1 °�,, 1 I 1 I / ,, , r a w.2.221"M.11"1"2."222I I ___r mow-- ___ --"+ II � �� li 1 wore s,r.y) 1Y Eif , I ' ; , 1 l , ,e,v ; t l r 7 11 w_(a/ :1:K ^ i1\ T ']. y9r17:C/ ' �/ I Ida f / �.1...( '� jilt f/ i fr Won Maa e: ' % l ' . I i / l / Mir � r n!r ��rrrn..- !L �, f 7/ jl IIr a One/02 COZ Plat with Oil * Gas Activities noted EXHIBIT Owl Creek Acres PUD 60E*5441 2412 Denby Court • Fort Collins, Colorado 80526 • (970) 207-0272 •fax (561) 828-8059 email: toddhodgesdesign(a'+earthlink.net Area/Topo Map 104°35'00"W 104°34'00"W 104°33'00"W WGS84 104°32'00"W ° I ...<. 33 • .. •I, 1 as ,°.,• s f x,'ify ( . 1I .R .9 , a ; 10 . . .. t ; • o g •Al\N , . • )� •� C� o .1;i-, i /1 k.alusreLa:%N\ . �• ' .; - 'n :• _. I. ` l { i" i `1 / 1. }; • ` ' 17 1 • • 115 11 \ o g A 1 ; , �JI r . • \____L- roi3 .4 ,i ,, , 7 ...' - .. -' t • 4746 4 . • . ...... -/ , (..: Lri1N 1 r Q ` ° \-- Cl ' i 20 `�------ :21 22 .../ zc . . • ,;I • z o °� �I o N ° • i! it r ...9.0 R' _- _ 29 -- 28 L\\ _ \ i if .q i ' �• .• + 104°35'00"W 104°34'00"W 104°33'00"W WGS84104°32'00"W 1`.....r-- 1,Nf.•t-.-, .... .-.�.--1'Ali 10' 11„„� RL+ 7 977 :000 MUM ) ) ) D 41 43 d 47 49 iI 53 55 59 E! 74 74 74 S7 74 Cialetorti:z.. i • • • • • 72 , 1.... 72 .. __..... 72 6t 18 i i .... i 49 i 1 I Site \ • 41 1 61 392 . h i 392 Hwy 302° I*y 392 862 tt114M1�b 992 60 i 69 46. 47 53 66 '6'7 I 97 61 R 1 39 II j i o I, '. oM119n 05.; .35 49 . -- ---- A*t; :; L .. : 62.db6 R0. .. ''. 85Greele Mvn.... _ ._.. vuia• ert�, FMvy 283 Hwy 263 263 64 37 Om� 1 2 3 4 Vicinity Map XThe Final Plan shall address the following: A. The access to, location of and limited uses for the proposed building on the open space. B. The finalized plan for the leasing and distribution of irrigation water to the lots. Please delete: 2.D.1)b) 2.C 2.E.1) .2.4.3) The applicant is requesting that the Final Plan be reviewed administratively, please include in the motion. Rims -o-ece once g EXHIBIT lepat547 Hello