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Staff Report/Final PlatREPORT TO: FROM: SUBJECT City of Kalispell r t Fi a s - -: kalispellplanning.com Kalispell Mayor and City Council Sean Conrad, Senior Planner James H. Patrick, City Manager Final Plat for Lone Pine Trails MEETING DATE: September 5, 2006 BACKGROUND: This is a request for final plat approval of Lone Pine Trails, a residential subdivision which includes 29 single-family lots, 52 two unit townhouse lots and 3.106 acres of parkland on approximately 23 acres. The plat is located south of Foys Lake Road, west of Valley View Drive at the base of Lone Pine State Park. The project received a PUD zoning overlay to provide a mechanism for the developer to gain flexibility in lot sizes, housing types and site configuration that would not otherwise be allowed under the traditional R- 2 zoning designation. A Subdivision Improvements Agreement (SIA) in the amount of $411,062.50 has been submitted to secure completion of the remaining improvements which consist primarily of landscaping, street signage, road work including base and paving, sidewalks and completion of a lift station communication line. The letter of credit submitted with the final plat application addresses the 125% of the estimated cost of remaining improvements. The estimated completion date for the remaining items listed in the SIA is October 30, 2007 and the letter of credit expires on December 30, 2007. RECOMMENDATION: A motion to approve the final plat for Lone Pine Trails Subdivision and accept the Subdivision Improvement Agreement would be in order. FISCAL EFFECTS: Positive impacts once developed. The Cost of Services Plan completed in April 2005 showed a net increase in additional revenue to the city in the amount of $20,658. ALTERNATIVES: As suggested by the city council. Respectfully submitted, Thomas R. Jentz Director Report compiled: August 30, 2006 Attachments: Letter of transmittal es H. Patrick City Manager Final plat application and supporting documents Return to: Theresa White Kalispell City Clerk P.O. Box 1997 Kalispell, Mt 59903 APPENDIX E SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this • day ofpt-. 2006, by and between the CITY COUNCIL, City of Kalispell, Party of the First Part and hereinafter referred to as the CITY, and LONE PINE DEVELOPMENT LLC., whose address 144 EAST SECOND STREET, WHITEFISH, MT 59937, Party of the Second Part and hereinafter referred to as DEVELOPER. WITN.ESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as Lone Pine Trails, located in ASSESSORS TRACTS 3FE+, 3FED, 3FEB, 3FEC, 3FEA, 3FEF, 3FEE, 3HAA, 3HA IN SECTION 13, TOWNSHIP28 N, RANGE 22 W., Flathead County, Montana and, WHEREAS, the City has conditioned its approval of the final plat of Lone Pine Trails Subdivision upon the conditions as set forth in the Preliminary Plat of the Subdivision being completed and all improvements as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A"; and WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed professional engineer included herewith as "Exhibit B"; and WHEREAS, the estimated total cost of construction of said improvements is the sum of $328,850.00 NOW, THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: Subdivision .improvements Agreement 8-3-2006 Lone Pine Trails, Kalispell, Montana Page I of 5 1. The Developer shall deposit as collateral with the City a letter of credit and a cashiers check, in the amount of $411,062.50. Said Certificates of Deposits have an expiration date of at least sixty (60) days following the date set for completion of the improvements, certifying the following: a. That the creditor guarantees funds in the sum of $411,062.50, 125% of the estimated cost if completing the required improvements in Lone Pine Trails Subdivision. b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limit of credit stated in the letter. 2. That said required improvements shall be fully completed by October 30, 2007. 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of one (1) year from the date of acceptance of the completion of those improvements by the City; c. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been fled with the City; and, f. All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in conformance with said specifications. Subdivision Improvements Agreement 8-3-2006 Lone Pine Trails, Kalispell, Montana Page 2 of 5 IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT: That the Developer shall provide for inspection of all .required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to ensure such compliance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. ,Subdivision Improvements Agreement 8-3-2006 Lone Pine Trails, Kalispell, Montana Page 3 of 5 and year first above written. otary Public for the State of�� Residing at. C., -E:--: My Commission Expires: MAYOR, CITY OF KALISPELL Mayor STATE OFVC-)0c� COUNTY OFV , x On this day of o 2W 200�- , before me, a Notary Public for the State of Montana, personally appeared-;'b,,- <-N\&D— , known to me to be the . of LONE PINE DEVELOPMENT LLC, whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my band and g e 'A i SEA! - ATTEST: 51 Seal this day Finance Director Subdivision Improvements Agreement 8-3-2006 Lone Pine Trails, Kalispell, Montana Page 4 of 5 EXHIBIT A Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana. EXHIBIT B This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. IMPROVEMENTS Street grading Street base Sidewalks/Curb Sanitary sewer mains Water mains Fire hydrants Storm drainage facilities Street Signs (17) Street lighting Mail Boxes, Barrier Paving Landscaping/boulevard trees other Subtotal TOTAL COST CONSTRUCTION COMPLETION DATE 8/23/2006 10/30/2007 8/30/06 9/15/06 8/25/06 8/ 18/06 8/18/06 10/30/2007 8/23/06 10/30/2007 10/30/2007 8/30/07 TOTAL COLLATERAL (TOTAL COST x 125%) ESTIMATED CONSTRUCTION COSTS $52,076.00 $23,755.00 $136,628.23 $342,269.33 $293,309.94 in water cost in sidewalk/curb est $4,250.00 $49,618.00 $ 6,000.00 $114,000.00 $49,658.00 $ 1,071,156.45 PERCENTAGE COMPLETE 0% 52076.00 0% 23,755.00 9 % 125,347.00 99% 3,422.00 100% 100% 100% 0% 4,250.00 100% 0% 6,000.00 0% 114,000.00 paid to city parks dept $ 328,850 $ 328,850 $ 411,062.50 Subdivision Improvements Agreement 8-3-2006 Lone Pine Trails, Kalispell, Montana Page 5 of 5 First Interstate Bank 2 Main St. P.O. Box 7130 Kalispell, MT 59904-0130 406-756-5200 Fax:406-756-5260 www.firstinterstatebank.com IRREVOCABLE LETTER OF CREDIT Letter of Credit No.: 2309600335 Date: August 30, 2006 Amount: $409,062.50 Expiration Date: December 30, 2007 TO: City of Kalispell PO Box 1997 Kalispell, .MT 59903 RE: Lone Pine Development, LLC We hereby establish in your favor an .Irrevocable Letter of Credit up to the aggregate amount four Hundred Nine Thousand Sixty Two Dollars and 50 cents ($409,062.50) at the request of Lone .Pine Development, LLC. If Lone Pine Development, LLC fails to complete the specified improvements as outlined in the Subdivision Improvement Agreement (Exhibit B) within the required period, we will pay on demand your draft or drafts for such funds, to the limit of credit set forth herein, as are required to complete said improvements. All drafts must indicate the number and date of this letter of credit and be accompanied by a signed statement of an authorized official. that the amount is drawn to repair improvements and specifying the default or defect in question. All drafts must be presented prior to the expiration date stated above, and this letter of credit must accompany the final draft for payment. This letter may not be withdrawn or reduced in any amount prior to its expiration date except by your draft or written release. Unless otherwise expressly stated, this Letter of Credit is subject to the Montana Uniform. Commercial Code and the Uniform Custom and Practice for the Documentary Credits (1993 Rev) International Chamber of Commerce Document No. 500. first .Interstate Bank PO Box 7130-lPl.ispell, :MT 5,9904 f BY: �'.. Tatmy,GiE1y -- Its: /_1 (Title) - ---- BY: r cots MjZ11er Its: _ f (Title) ACKNOWLEDGEMENT State of ci ) i County oft. e c On this w'. day of A_ fj ' It , in the year - t; t, , before one, a Notary Public for the State of (" c v c _, person lly appeared Ta my Grilley and Scott Mixner; known to me to be the person who executed this letter of credit on behalf of the corporation therein named acknowledged to me that such corporation executed the same. r ~'• . A) (SEAL) SEAT. NOTARY UC 3NTAt Rafdqg at Kalil d, Montana my oonrn. Expires —,� o 9 Vint Name: jKKj -t7 .-`,: Notary Public f r the State Residing at ' Cry 5. . My Commission Expites i 'I MIS COC:UIW.ENT HAS AN ARTIFICIAL WATERMARK PRINTED ON THE BACK. THE FRONT OF THE DDCUMENT W S A MICRO -PRINT SIGNATURE LINE. ASSENCE OF 1-NESE FEATURES WILL €NC,ECATE A COPY. ?928 . .:. CASHIER'S CHECKGLACIER � BANK 446934696611 P.©, BOX 2.7 ® KALISPELL. MT 59903 22-1676 REMITTER, ss SCHWARZ ARCHITECTURE & ENGINEERING DATE 8/29/06 PAY T€3THE CITY OF KALISPELL: ' ORDER O � � �5, 000. 00 �s EXACTLY **5,000 AND 0.0/100 DOLLARS DOLLARS 11 I PA YA3LE THROUGH - _ --- — __.. _.. _._._ 65 BANj(, ST- PAUL, IMN SIGNATURE OF RE.IAI7EFI N City of p - l Planning Deq 17 -- 2nd Street East, Suite 211, Kalispell, Montana 59901 Telephone:is 751-1850 4i• ssite: kalispellplanning.com August 28, 2006 James H. Patrick, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Lone Pine Trials Dear Jim: This is a request for final plat approval of Lone Pine Trails, a residential subdivision which includes 29 single --family lots, 52 townhouse lots and 3.106 acres of parkland on approximately 23 acres. The plat is located south of Foys Lake Road, west of Valley View Drive at the base of Lone Pine State Park. The project received a PUD zoning overlay to provide a mechanism for the developer to gain flexibility in lot sizes, housing types and site configuration that would not otherwise be allowed under the traditional R-2 zoning designation. As a requirement of the preliminary plat, at least two-thirds of the required improvements have been installed per a letter from Paul Wells, P.E. of WMW Engineering. A Subdivision Improvements Agreement (SIA) in the amount of $411,062.50 has been submitted to secure completion of the remaining improvements which consist primarily of road work, landscaping, paving, sidewalks and completion of a communication line to a lift station. The letter of credit and a supplemental Cashier's check submitted with the final plat application addresses the 125% of the estimated cost of remaining improvements. The estimated completion date for the remaining items listed in the SIA is October 30, 2007 and the letter of credit expires on December 30, 2007. Preliminary plat approval was granted on April 4, 2005 with 25 conditions attached. The following is a discussion of compliance with each of these conditions as well as findings of compliance with the city subdivision regulations and zoning ordinance. Final Plat for Lone Pine Trails August 30, 2006 Page 2 COMPLIANCE WITH CONDITIONS OF APPROVAL: Condition No. 1. Development of the subdivision shall be platted in substantial compliance with the preliminary plat as amended and approved which governs the location of lots and roadways within the subdivision. + This condition has been met. The subdivision has been platted in compliance with the approved preliminary plat. Condition No. 2. That covenants, conditions, and restrictions for the subdivision shall be amended to reflect a provision for the private conservation and maintenance of common areas and the private internal roadways that are proposed for the townhouses. Setbacks for the townhouses accessed via an interior street shall be measured from the edge of the roadway and shall be 20 feet in the front and rear and five feet on the sides with the exception of the zero lot line required to achieve the townhouse configuration. (Site Development Review Committee) + This condition has been met per the Covenants, conditions and restrictions sections 3.0 (shared maintenance of Driveways for townhouses, Section 9.2 (maintenance of park spaces, mailbox sites and sign area), and Section 7.10 setbacks for townhouses. Condition No. 3. At the time of final plat a provision shall be made for the pro- rata share of ownership of the common area for taxation purposes. • This condition has been met per face of the final plat. Condition No. 4.That the development of lots in the PUD shall be subject to architectural review as outlined in the application and supporting materials and a letter be submitted to the Kalispell Site Development Review Committee from the Architectural Review Committee of the homeowners association prior to the issuance of a building permit. (Site Development Review Committee) • This condition is acknowledged by the developer and is addressed by section 5.3.2 of the Lone Pine Trails Covenants, Conditions and Restrictions. Condition No. 5. That permits be obtained from the Flathead Conservation District, Montana Department of Natural Resources and the Montana Department of Environmental Quality for work done along the creek Final Plat for Lone Pine Trails August 30, 2006 Page 3 channel or a letter from those agencies stating that the scope of work does not require permitting. (FCCD / DNRC) • This condition is met per copy of the 310 permit dated September 12, 2005. Condition No. 6. That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell Design and Construction Standards and the Kalispell Subdivision Regulations. A letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01). • This condition has been met per letter dated August 30, 2006 from Frank Castles, Kalispell Public Works. Condition No. 7. That an easement shall be obtained from the adjoining property owner to the east granting the right to develop the proposed 60 foot right-of-way or other demonstration of property acquisition for road and utility purposes and once completed dedicated to the City of Kalispell as a public roadway. (Kalispell Subdivision Regulations, Section 3.08 (A)). • This condition has been met per attached Utility Easement recording number 2005165 08400. Condition No. S. That a minimum 10-foot buffer shall be established between the northern tier of townhouses and the property boundary to provide screening and buffering for the properties to the north. This shall be in the form of berming or landscaping or both. These improvements are to be coordinated with the Kalispell Public Works Department and the Parks and Recreation Department. • This condition has been met per letter dated August 25, 2006 from Jennifer Young, Kalispell Parks and Recreation. Condition No. 9. The following requirements shall be met per the Kalispell Fire Department: Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. Final Plat for Lone Pine Trails August 30, 2006 Page 4 c. Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter 5. d. Secondary emergency vehicle access shall be provided in accordance with International Fire Code (2003) Chapter 5 and Kalispell Subdivision Regulations. e. It should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. f. Street naming shall be approved by the fire department. • This condition has been met per letter from Brent Christopherson, Assistant Chief dated July 13, 2006. Hazardous weed abatement is addressed per note on the face of the final plat. Street names have been approved by the fire department per personal communication with Brent Christopherson on August 29, 2006. Condition. No. 10. That a letter be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section 3.11). • This condition has been met per letter dated August 16, 2006 from Jennifer Young, Kalispell Parks and Recreation. Cost of the improvements is included in the attached Subdivision Improvements Agreement and associated Letter of Credit. Condition No. 11. That the area designated on the plat as "park" shall meet the requirements for parkland dedication and shall be developed in accordance with a plan approved by the Kalispell Parks and Recreation Director that provides recreational amenities including but not limited to pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space. (Kalispell Subdivision Regulations, Section 3.19). • This condition has been met per letter dated August 25, 2006 from Jennifer Young, Kalispell Parks and Recreation. Cost of the improvements is included in the attached Subdivision Improvements Agreement and associated Letter of Credit. Condition No. 12. That a detailed floodplain study be completed and accepted by FEMA determining the base flood elevation for the floodplain area within the subdivision. No lots that are within 100 feet of the 100 year Final Plat for Lone Pine Trails August 30, 2006 Page 5 floodplain as currently indicated on the FIRM panels shall be platted prior to the completion and acceptance of the study area. Alternatively, the developers may obtain a LAMA or other documentation from FEMA stating that the property is not in the 100 year floodplain, whichever is applicable and required by that agency. • This condition has been adequately complied with. See letter from Thomas Jentz Planning Director dated December 9, 2005 to Marc Liechti, Schwarz Architecture and Engineering and an e-mail from Larry Schack, DNRC in Missoula dated December 29, 2005 approving the flood study. Condition No. 13. That a floodplain development permit be obtained from the City of Kalispell after the FEMA study has been completed and accepted for the proposed creek crossing. • Based on the preliminary flood study, floodplain development permit KFDP-05-05 was approved. Condition No. 14. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. (Kalispell Subdivision Regulations, Section 3.09). • This condition is met per the face of the final plat and confirmation by Fred Zavodny, Public Works and Brent Christopherson, Fire Department on August 29, 2006. All street signs are included in the attached Subdivision Improvements Agreement. Condition No. 15. That a 60 foot right of way be provided between the subdivision and Learn Lane to allow for a through access. This condition has been met per face of the final plat. Condition No. 16. An approach permit be obtained from the Flathead County Road Department for the new approach off of Valley View Drive and access from Learn Lane and any improvements to those roadways required by the County be completed prior to final plat submittal. A letter from the Flathead County Road Department shall be submitted with the final plat stating that a post construction inspection has been done or that the proposed bonding for improvements is acceptable. Final Plat for Lone fine Trails August 30, 2006 Page 6 • This condition has been met per Flathead County approach permit dated 7-18-06 and per Flathead County Subdivision Access Permit dated 5--18- 05. Work to complete these improvements is included in the attached Subdivision Improvements Agreement. Condition No. 17. That a note be placed on the face of the final plat that waives protest to the creation of a special improvement district for the upgrade of roads in the area to City standards which may be impacted by this development. • This condition has been met per statement on the face of the final plat. Condition No. 18. At the time of pre -construction review the developer shall demonstrate that an easement or property has been acquired to develop the proposed roadway across private property off -site to the east that connects to Valley View Drive and that the easement encompasses the nature and intensity of the use that will result from the development of the subdivision. (Kalispell Subdivision Regulations 3.08) • This condition has been met per easement of record 200516508400. Condition No. 19. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). o This condition has been met per the face of the final plat and per letter dated July 26, 2006 from Elden Marvel Manager Customer Services US Post Office, Kalispell. Condition No. 20. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). • Street lighting has been installed and appears to be dark skies compliant. Condition No. 21. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). • This condition has been met per site inspection and additionally per note on the face of the final plat. Final Plat for bone Pine Trails August 30, 2006 Page 7 Condition No. 22. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. • This condition has been met. The Subdivision Improvements Agreement (attached) is for $328,850 worth of improvements. Total subdivision costs exceed $1,071,156 and therefore the total amount of work in place exceeds 69% and is within the parameters of the condition. The remaining improvements to bond for include sidewalks, street signs, mail box installation work, paving (base and asphalt) and a lift station communication line. Condition No. 23. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. • This condition is met per note on the face of the final plat and in the case of the boulevards, by an agreement with the Kalispell Parks and Recreation Department per letter dated August 16, 2006. Condition No. 24. That a development agreement be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site. • This condition has been met per attached Planned Unit Development Agreement for Lone Pine Trails dated August 15, 2006. Condition No. 25. That preliminary plat approval for the first phase of the planned unit development shall be valid for a period of three years from the date of approval with an automatic three-year extension as each phase of the subdivision plat has been completed and filed. (Kalispell Subdivision Regulations, Section 2.04). • This condition has been met. The Preliminary plat approval was granted on April 4, 2005 and would expire on April 4, 2008. This submittal is well within the timeframe. Additionally, the project is being submitted as a single phase thus phasing does not apply. Final Plat for Lone Pine Trails August 30, 2006 Page 8 COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. The Subdivision Improvements Agreement expires on October 30, 2007. The associated letter of credit expires 60 days later on December 30, 2007. In addition, a $5,000 cashier's check is also included with the SIA to address the sewer lift station communication line work that was not completed at time of filing of final plat. Note that the title report indicates that First Interstate Bank holds an interest in the property. A consent to plat letter has been submitted. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the R-2 zoning and associated PUD zoning for the area. RECOMMENDATION: All of the conditions of preliminary plat approval have been adequately addressed. The staff recommends that the Kalispell City Council approve the final plat for this subdivision. Please note that the Subdivision Improvements Agreement should be accepted along with the final plat approval. Please schedule this matter for the September 5, 2006 regular city council meeting if possible. You may call me at 751-1850 if I can be of assistance to you regarding this matter. Sincerely, f Thomas R. Jentz Director Attachments: 11 x 17 plat 2 reproducible mylars of final plat 1 blue line of final plat Final plat application dated 7/25/06 Letters from Johna Morrison dated August 3 and August 25, 2006. Resolution 4999 approving preliminary plat of Lone Pine Final Plat for Lone Pine Trails August 30, 2006 Page 9 Letter from Kalispell Public Works dated 8/30/06 Letter from Marc Pitman, Schwarz Engineering - 8 / 17 / 06 Letter from MDEQ dated 9/22/05 approving plans and specifications for water and sewer Letter from DEQ dated 8-17-05 addressing storm water Municipal Facilities Exclusion Checklist dated 7/ 27/ 05 Letters from Parks and Rec dated 8/ 16/06 and 8/25/06 Letter from LISPS dated 7/26/06 Letter from Kalispell Fire Department dated 7/ 13/06 Subdivision Improvements Agreement dated 8/29/06 Letter of credit ($409,062.50) dated August 11, 2006 Cashier's Check 014489346966 from Glacier Bank ($5,000) Title report # 7208926 1328 dated 6/ 16/ 06 Consent to Plat letter from First Interstate Bank Treasurer's certification dated 8 / 3 / 06 Lone Pine Trails Design Guidelines, Conditions, Covenants and Restrictions dated 8/29/06 Planned Unit Development Agreement, Lone Pine Trails Flathead County Subdivision Approach Permit 5/ 18/05 Flathead County approach Permit dated 7/ 18/06 Flathead Conservation District 310 Permit dated 9 / 16/ / 05 Kalispell Floodplain Development Permit KFDP-05-05 Letter from Thomas R. Jentz dated 12 / 9 / 05 to Marc Liechti E-mail from Larry Schock, DNRC offices, Missoula Utility Easement, Flathead County record 2005165 08400 c w/ attachments: Theresa White, Kalispell City Clerk c w/o attachments: Johna Morrison, Schwarz Engineering, 100 Financial Drive, Suite 120, Kalispell, MT 59901 Lone Pine Development LLC, 144 East Second Street, Whitefish, MT 59937 City of ais e Planning; .Department lid 17 - 2 Street last, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (.406) 751-1858 FINAL PLAT APPLICATION Project /Subdivision Name: LONE PINE TRAILS SUBDIVISON Contact Person: Owner & Mailing Address: Naxne:...JOHNA MORRISON, SCHWARZ ENGINEERING Address:100 FINANCIAL DRIVE, SUITE 120 KALISPELL, MT 59901 Phone No.: 406 755-1333 Date of Preliminary Plat Approval: APRIL 4, 2005 Type of Subdivision: Residential _81_Industrial _ Total Number of Lots in Subdivision _81— Land in Project (acres) 23.16 ACRES LONE PINE DEVELOPMENT LLC 144 EAST SECOND STREET WHITEFISH, MT 59937 Commercial PUD Other Parkland (acres) _6.84 ACRES Cash -in -Lieu $ Exempt No. of Lots by Type: Single Family _ 29 Townhouse _52 Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial Industrial Planned Unit Development Condominium Multi -Family Other Legal Description of the Property ASSESSORS TRACTS 3FE+, 3FED, 3FEB, 3FEC, 3FEA, 3FEF, 3FEE, 3HAA, 3HA IN SECTION 13, TOWNSHIP28 N, RANGE 22 W. FILING FEE ATTACHED $ 9,205,00 ($650.00 + $8,505.00 + $ 50.00) Minor Subdivision with approved preliminary plat $400 + $105/lot Major Subdivision with approved preliminary plat $650 + $105/lot Subdivisions with Waiver of Preliminary Plat $600 + $105/lot Subdivision Improvements Agreement $ 50 1 Attached Not Applicable (MUST CHECK ONE) X Health Department Certification (Original) X^ Tax Certification (Property taxes must be paid) X Consent(s) to Plat (Originals and notarized) X Subdivision Improvements Agreement (Attach collateral) _X_ Parkland Cash -in -Lieu (Check attached) X— Maintenance Agreement X Plats: 1 opaque OR 2 mylars I mylar copy I signed blueline 4 bluelines 4 bluelines, unsigned I IX17 Copy l IX17 Copy "The plat must be signed by all owners of record, the surveyor and the examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Kalispell Planning Department, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the planning board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. **NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision final plat applicatIons be accompanied with a digital copy. 1 � Owner() ignature Date **A digital copy of the final plat in a Drawing Interchange File (DX) format or an AutoCAD file format, consisting of the following layers: 1. Exterior boundary of subdivision 2. Lot or park boundaries 3. Easements 4. Roads or rights -of -way 5. A tie to either an existing subdivision corner or a corner of the public land survey system. 2 ARCHITECTURE August 5, 2006 Tom Bentz Kalispell Planning department 1?-2r' Street East, Suite 211 Kalispell, Mt 5111O1 Re: Lone Pine Trails Final Plat near Mr. Jentz; Submitted for your review is the Lone Pine Trails Final Plat. This plat is an al lot major subdivision in Kalispell, south of Foys Lake Road and west of Valley View Prive, in Section 15, Township 26 North, Range 22 West. Preliminary approval was given by the Glty Council on April4, 2005 subject to 15 conditions. A Subdivision Improvements Agreement and letter of Irrevocable credit are attached for the remainder of the improvements. Street trees, road signs, lighting, asphalt and a cluster boxes are all part of that agreement. #1 - The development of the site will be in substantial conformance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the PUP as approved by the city council. The condition has been met. The layout design has not been modified and is in substantial compliance with the preliminary plan that was submitted. #2 - That covenants, conditions, and restrictions for the subdivision shall be amended to reflect a provision for the private conservation and maintenance of common areas and the private internal roadways that are proposed for the townhouses. Setbacks for the townhouses accessed via an interior street shall be measured from the edge of the roadway and shall be 20 feet in the front and rear and five feet on the sides with the exception of the zero lot line required to achieve the townhouse configuration. • The condition has been met. See Section 1.10 of the declaration of covenants. #5 - At the time of final plat a provision shall be made for the pro -rate share of ownership of the common area for tax purposes. m Z C\ Z m m Z n SCHWARZ ARCHITECTURE AND ENGINEERING, INC. 100 Financial [fir., Suite 120 - Kalispell, MT 59901 - Tel: 406.755.1333 - Fax: 406.755.1310 - www.schwarzae.com The condition has been met. The common ownership of the open space is on the face of the final plat for taxation and for common ownership of the open space. #4 - That the development of lots in the PUD shall be subject to architectural review as outlined in the application and supporting materials and a letter be submitted to the Kalispell Site Development Review committee from the Architectural Review Committee of the homeowners association prior to the issuance of a building permit. • The condition is met. All lots are subject to the architectural review committee prior to the Kalispell Site development Review Committee. #5 - That permits be obtained from the Flathead Conservation Dlstrict, Montana Department of Natural Resources and the Montana Department of Environmental Ouality for work done along the creek channel or a letter from those agencles stating that the scope of work does not require permitting. 49 The condition is met. A letter from WNRc (510 permit) is attached approving the streambed utility crossings. #6 - That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell Design and construction Standards and the Kalispell Subdivision Regulations. A letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. The condition is met. Kalispell public works has approved the plan and the construction. Letter from public works forthcoming. #7 - That an easement shall be obtained from the adjoining property owner to the east granting the right to develop the proposed 60 foot right of way or other demonstration of property acquisition for road and utility purposes and once completed dedicated to the City of Kalispell as a public roadway. The condition is met. A copy of the filed agreement is attached. #6 -- That a minimum 10 foot buffer shall be established between the northern tier of townhouses and the property boundary to provide screening and buffering for the properties to the north and southwest. This shall be in the form of berming, landscaping, fencing, or a combination thereof. These improvements are to be coordinated with the Kalispell Public Works Department and the Parks and Recreation Department. The condition is met. The Parke and Recreation Department has signed off on the buffer, the buffer does not affect any public utilities. The cost of this landscaping is covered In the bond. #q -The following requirements shall be met per the Kalispell Fire Department: a. ,Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International fire code. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustable construction. c. Fire department access shall be provided in accordance with International Fire Code. d. Secondary emergency vehicle access shall be provided in accordance with International Fire Code. e. it should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell ordinance #10-8 f. Street naming shall be approved by the fire department. • The condition is met. A letter is attached approving fire suppression by the Kalispell Fire Department and weed abatement verbage is on the face of the final plat and in the covenants. #10 - That a letter be obtained from the Kalispell Parke and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk. = The condition is met. The attached plan was approved by the Kalispell Parks and Recreation Department. The improvements are part raid tic. Boulevard landscaping and trees will be placed by Kalispell Parke and Retreat ion. #11 - That the area designated on the plat as "park" small meet the requirements for parkland dedication and shall be developed in accordance with a plan approved by the Kalispell Parks and Recreation Director that provides recreational amenities including but not limited to pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space. • The condition is met. The parks and recreation director has approved all facilities. #12 - That a detailed floodplain study be completed and accepted by FEMA determining the base flood elevation for the floodplain area within the subdivision. No lots that are within 100 feet of the 100 year floodplain as currently indicated on the FIRM panels shall be platted prior to the completion and acceptance of the study area. Alternatively, the developers may obtain a LOMA or other documentation from FEMA stating the property is not in the 100 year floodplain, whichever is applicable or required by that agency. • The condition is met, See letter from the City of Kalispell dated Oecember q, 2005, stating this condition has been met. #15 - That a floodpiain development permit be obtained from the city of Kalispell after the FEMA study has been completed and accepted for the proposed creek crossing. The condition is met, See letter from the city of Kalispell dated l7ecember q, 2005, stating this condition has been met. #14 - The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Qubiic works Vepartment and the Uniform Trafflc Control devices Manual and be subject to review and approval of the Kalispell Fire Pepartment. • The condition is met. All roads are named with the approval of the city public works department. Signs are part of the SIA. #15 - That a 60 foot right of way be provided between the subdivision and Learn Lane to allow for a through access. The condition is met. The 60 easement agreement has been agreed upon by all parties involved and is attached. #16 - An approach permit be obtained from the Flathead county Road Pepartment for the new approach off of valley View nrive and access from Learn Lane and any improvements to those roadways required by the County be completed prior to final plat submittal. A letter from the Flathead county Road Pepartment shall be submitted with the final plat stating that a post construction inspection has been done or that the proposed bonding for improvements is acceptable. • The condition is met. Copies of the approach permits are attached as is the SIA for the approaches. #1-1 - That a note be placed on the face of the final plat that waives protest to the creation of special improvements districts for the upgrade of roads in the area to Gity standards which may be impacted by this development. The condition is met. The 910 is on the face of the final plat. #16 - At the time of pre -construction review the developer shall demonstrate that an easement or property has been acquired to develop the proposed roadway across private property off site to the east that connects to Valley View Thrive and that the easement encompasses the nature and intensity of the use that will result from the development of the subdivision. • The condition is met. The easement is attached for the off -site property. #19 - The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. • The condition is met. The letter from the postmaster approving the plan is attached. #20 -- Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. • The condition will be met through the SIAt agreement. All fighting will be installed that is shielded and does not intrude onto adjoining properties. See SIA. #21 - All utilities shall be installed underground. The condition is met. All utilities have been installed underground. #22 - That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. • over two-thirds of the work has been completed. All that remains is landscaping, lights, cluster mailboxes, pavement and road signs. All are included in the SIA. #25 - All areas disturbed during development of the subdivision shall be re -vegetated with a weed free mix immediately after development. • The condition is met. The Parks and Recreation Virector has approved the plan for revegetation. The parks and recreation department has also agreed to landscape and tree the street boulevard areas. #24 - That a development agreement be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute a Planned Unit 17evelopment (PUi7) zone for the site. The condition is met. The signed agreement is attached. #25 - That preliminary plat approval for the first phase of the planned unit development shall be valid for a period of three years from the date of approval with an automatic three-year extension as each phase of the subdivision plat has been completed and filed. • The condition is met. The final plat has been submitted well before the April 4, 2005 expiration date. The title report, tax certificate, 0150 approval and other necessary letters of approval are attached. Your timely review is appreciated. Please do not hesitate to tali with any questions. Sint rely John orrison Schwarz Architecture and Engineering ARCHITECTURE August 25, 2006 Bean Conrad Kalispell Planning Pepartment 17-2n Street East, Suite 211 Kalispell, Mt 5cl901 Re. Lone Pine Trails Final Plat Dear Mr. Conrad; . _ 0 B KA lal l� L N ING �.#tf ` � E submitted for your review is the Lone Pine Trails Final Plat additional information you requested in you letter dated august 21, 2006. #2 - That covenants, conditions, and restrictions for the subdivision shall be amended to reflect a provision for the private conservation and maintenance of common areas and the private internal roadways that are proposed for the townhouses. Setbacks for the townhouses accessed via an interior street shall be measured from the edge of the roadway and shall be 20 feet in the front and rear and five feet on the sides with the exception of the zero lot line required to achieve the townhouse configuration. The condition has been met. See Sections 5.0 (shared maintenance of driveways), 6.5 (shared driveways and access), 1.2 park space(mailbox and sign area) and '7.1O (setbacks for townhomes) of the declaration of covenants attached. Ae believe that the concerns for maintenance of the private driveways are well covered in these sections. #6 - That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell Design and Construction Standards and the Kalispell Subdivision Regulations. A letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Aorks Oepartment. The condition is met. Kalispell public works has approved the plan and the construction. Talked with Frank Castles and he has verified that the letter from public works forthcoming. Apparently the phone line to the sewer lift station has not been installed. This is now included in the new ZIA. #S - That a minimum 10 foot buffer shall be established between the northern tier of townhouses and the property boundary to provide screening and buffering for the properties to the north and southwest. This shall be in the form of berming, landscaping, fencing, or a combination m Z I:\ m M Z n SCHWARZ ARCHITECTURE AND EN6INEERIN6, INC. 100 Financial Dr., Suite 120 - Kalispell, MT 59901 - Tel: 406.755.1333 - Fax: 406.755.1310 - www.schwarzae.com thereof. These improvements are to be coordinated with the Kalispell Public Works department and the Parks and Recreation Pepartment. The condition is met. The parks department has approved the 10' foot buffer. Frank castles from the public works department has stated that he refuses to comment on this buffer as he feel that is not his purview. #,I - The following requirements shall be met per the Kalispell Fire department: a. YVater mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with international fire code. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustable construction. Co. Fire department access shall be provided In accordance with international Fire Code. d. Secondary emergency vehicle access shall be provided in accordance with international Fire Code. e. it should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell ordinance #10-5 f. Street naming shall be approved by the fire department. The condition is met. A letter is attached approving fire suppression by the Kalispell Fire Pepartment and weed abatement verbage is on the face of the final plat and in the covenants. The emergency access is included in the SIA under the road portion. #10 - That a letter be obtained from the Kalispell Parks and Recreation Pirector approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk. • The condition is met. The attached plan was approved by the Kalispell Parks and Recreation Pepartment in their August 24, 2006 letter. The other landscape improvements are part of the SIA. Boulevard landscaping and trees will be placed by Kalispell Parks and Recreation. #11 - That the area designated on the plat as "park" shall meet the requirements for parkland dedication and shall be developed in accordance with a plan approved by the Kalispell Parks and Recreation Virector that provides recreational amenities including but not limited to pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space. • The condition is met. The parks and recreation director has approved all facilities for the "park" also. See fetter dated August 24, 2006. #12 -- That a detailed floodplain Study be completed and accepted by FEMA determining the base flood elevation for the floodplain area within the subdivision. No lots that are within 100 feet of the 100 year floodplain as currently indicated on the FIRM panels shall be platted prior to the completion and acceptance of the study area. ,alternatively, the developers may obtain a LOMAE or other documentation from FEMA stating the property is not in the 100 year floodplain, whichever is applicable or required by that agency. • The condition is met, Tom Jentz and Marc Leichti had a discussion about this and it was agreed that if Mr. Jentz could see the letter of approval from Mr. Shock that he would accept that at this point. See e-mail from Larry Shock dated Vecember 29, 2005, stating this study looks good to him. #20 -- Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. The light boxes and electricity is installed. The light poles are on site and being installed. All lighting being installed is shielded and does not intrude onto adjoining properties. See receipt for lighting installation. Lighting was completed on ,august 25, 2006. The newly formatted SIA and extra bond is included and other necessary letters of approval attached. Your timely review is appreciated. Please do not hesitate to call with any questions. Vracerely, } ,F, ; i Johna Morrison Schwarz Architecture and Engineering RESOLUTION NO. 4"9 A RESO.LUTION CONDITIONAI,LY APPROVING THE PRELLMINARY PLATO .LOINNE PINE SUBDIVISION, AS MORE PARTICULARLY DESCRIBED ON EX][11BIT"A". LOCATED IN SEC it 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FIATHEAD COUNTY, MONTANA. WHEREAS, I-Ame line Developillerft, LIX, the owner o txrtain real propeIt y d-tescribed on Lxhibii 'A'*. haspetimmied for approval of the Subdivision Plat of said propem,and WHEREAS. the:' KdAllspell City Planning &Iaml zinc] zoning Cor"mis'sT011 licid a public hintn'119 on March S. 2(X)5, on tht provo&ij and reviewed Subdivision Report #K.PP-05-2 issmed by the Tri -City Planning Office, and WHEREAS, the KalispLfl City Plarmin-141 Board and Zoning Commission bas recommeaded apP roval of the.the.Prefirninary -Plat of Lain Pine Subdivision. sijbjei�t to I conditionsand recommendations. and WHEREAS. the City Council of the City of Kalispell at its replar Council Me ctiag of April 4, mviewcd the Tri-City Planning Office Rel-R-iii #KPP05-1, reviewcd t. Im; recommendations oftht Kalispell City Plaurging M-)ard and Zoning Commission, and found from the Prelirninary Plat, and evidence— thm the subdivision is in the public. ilitcrest NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KA.11SPELL- MONTANA AS FOLLOWS.- SECLION 1. Thar ibe FindinIgs of 1"Act contained in Tri-Chy Planning Office Rc ort P #KPP-05-2 are hereby adopted its the Fi ndings of Fact of the City Council. SEC TION11. That the applicationg of [.onc. Rine )evelopment, IJ-C for approval of th.c., Preliminary Plat o1wr b-me Pine Subdivision. Kalispell. Flathead County. Montana is hereby approml sub ect to the following conditiorls: I T. hat the dowelopmem. of the ite shall lie in substantial cornpliance. with the: application subinilwd, the site Plan, materialsand other specifications as well, as any additional condilic.-ms associated wifli the PUT) its approved by dw city. cuunefl, (Kalispt4l Subdivision Regulations. Ap riendix C,::% Final Plat) 'rhal coveriangs. conditions. and restricuonsfor the subdivision shall be ameaded to reflect a provision for the private conservation andl rnainte-nance o-Ir corainon mmts and the privatz, internal rmadwaysihni am for ille to.:mobouscs. Setbacks for llimmimhouses accessed via an interior strce ,. shall be measure from the edge of the roadway and shall he 20 feel. in the tront and rear and five feet on the sides with the exception of the zero lot line required to achieve thc townhouse (Site DevOopmem Re vicw Committee) 34 At itic tirne ed rinal phda pr-wision,,hall be made for the pro-ruam share of owtiership of tile worn on area fimu'A"IttiOn purpyes. 4. Thai the developma ent of leas in the PUDshall be subject so architectural review as outlined in the application and supporting materials and a letter be stibmitted to the Kalispell Site Development Review Committee from the Architectural Review Committee of the homeowners associalionprior to the issuance ol"a building permit. (Site: Development Review Committee.) 5, That permits be obtained from the -Flathead Con.wrvation District, Montaxia Depart-Ment of Natural Resources and the Montana Department of Env-,iro. rimental Quality for work clone along the creek channel or a letter from those agencies stating that the scope of work does not require permitting. (MCD.1' DNRO 6. That the plans and specifications for all public infrastructure be desig gned and installed in accordance- with the Kalispell Design and Construction Standards and the Kalispell Subdivision Re. p . g that they have been reviewed and plations. A letter shall be obtained statin I appro-sed by the Kalispell Public Works Department. (Kalispell Subdivision Regulations., Chapter 3, Design Standards, secfion 3.01). 'That an easement shall be obtained from the adjoining property owner to the cast granting The right to develop the prGposed 60 foot right-of-way or other demonstration of property Cr acq , . uisition for read and utility purpose-, and once, completed dedicated to the City of Kalispell as as public road-%--uy, (Kalispell Subdivision Regulations, Section 108 (A)). S. That a minimurn 10-foot buffer shall be established between the northem tier of townhMsCS and the property bou-ndary to provide screening and buffering for the properties to the north and the southwest. This shall be in the forma of bemiing, landscapin& fencing, or a combination thereof. These improvements are to sae coordinated with the Kalispell Public Works M,parlment ami the Parks nand .Rec.Teafion Department. 9. The following requirements shall be met r.,r the Kalispell Fire DepaTunent: (Kalisvell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimurn lire; flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International 1-.'ire Codc QM3.) Appendix B. b, Fire hydrants shall be provided per City specifications at locations approved by this department, prior .. r to combustible construction. c. Fire Department access shall be provided. in accordance with International Fire Code (2003) Chapter 5 d. Secondary enwgency vehicle access', shall be provided in accordance with international Fire Code ('200311 Chapter 5 and Kalispell Subdivision Regulations. c. It should be noted that hazardous wee-dabaternent shall be provided in accordance with City of Kalispell Ordinance 1.0-& U Street naming shall be approved by the fire department. 10. That a letter be obtained from the Kalispell Parks an.dl Recreation Director approving a handsca-pe PkID RIT the placernent of trees and landscaping materials within the five fixx landscape boulevard developed between the curb and the sidii�walk, (Kalispell Subdivision Regulations, Section 3.1 J). I]. 1bat the area designated on the plat aw -pax V & NJI meet flic requirements for parkland dedication and shall be developed in accordance with a plan approved by the Kalispell Parks and R-ecreation Di:ector that provid- tecm,�a.ficral arnenifies in -S I eluding but not 'limited tea pedestrian access., Jrrigation, landscaping and play equipincnt so as to provide a recreational compone n,, within the development and not simply ieft as passive open space. (Kalispell Subdivision Regulations, Section 3..1.Q). i 21 That a detailed floodplai n study be completed and accepted by FEMA determiping the bast; fl(-A-HJ elevation for the floodplain area within the subdivision. No lots that are within toO legit of Lhc 1,00 ve.ar floodplain as cul,rcutly indicated ov the FIRNI walICIS S11,111 be Diathed prior W 1,11C (U.)mPletion and accepliffloc of the study area. Alternatively, the develolxrs- may obtain a LOMA or Other documentation frorn FEMA stating that the property is not in the 1:00 year 13, That a ficaodplain de�elopxnenr permit lie. obtained fro the City m Kai ispell after the FEMA studyhas been cooleed and acce tc d for the prolxi,sed creek crossi ag I 14. Thu roads w ithin thesubdivision shall be namLd and sig ii 'e d in accordance with the policie's, of ,h n e. Kalispell Public Works Department and the Uniform T affic Comr, I Devices Manual and !)e subject 10 review and approval of theK zlispell Fire Department. Malispell Subdivision Re gelation Section 3.09). a 'rhat aail foot rigjaofway hepTOVided between [be subdivision and Learn -Lane to -.Allowfor a through access, 16. ikil approach permit the obtained from the Flathead County Road Department for the lu'--w a . pproach off of Valley View Drive and access ftoin Ua M. Lane and any improvements to those roa&vays required bye the Courttv be completed prior tofinal plat submittal. A lviterfrc)m the Flath-cad Cou My Road De.pUtrnent shall be submitted with the final plat stating that a post cons" action inspection has been done or that the proposed bonding for improv em, ents is acceptable. 1.7. T n the face r)�F the final plat. that waives protest to the creation of special ..hat as platced (), .1 iniprovernent districts for the upgrade ofroads in the arca. to City stati-dards which may be 1111pacted1by this developinciu. I h. At the time of pre -construction revit1w the developer shall demon-strate that aan ea. en. e. i air pretrav has been acquired to devtlop the proposed road -way, across private prom —my off-ske to the cost that i;onnnets w Val ley View Drive and ilia! the mscment encompasses thenature. and intensity (if the use that will result froin the. development of the subdivision. (Ka.11sptil Subdivision Rogplafions 108) devc1oper shall providc- it letter ffom the U.S, Postal Service approving the play: fear mail st.,rv;Vcc. (KAispell Subdivision Regulutions, Section 3.212). S.tre,lt ii "Ning shall be located within thesubdivision and shall tie shielded so that it does flot inirude unnecessarilyontO ad�i.oiiiing prii.)pertie& (Kalispell Subdivision Reg ilations Sect, 't i Ion . -11, All utilitit:s $11-311 be Installed undergrouno. (Kalive.11 Subdivision Regulations, Section 3. I'l. That misnimun i of two-thirds of the nccm-jzry infrastructure for this subdivision shal.] be a comMeted Prif")r to fiflal plat. slihrnittal, 'W , i 23. i areas disturbed during developmen- of the subdivision shall be re-vegctated with a weed- ftee mix is after developrywa 24 . Thai, at dovelOPMent agroernent be drafled by the Kalispell City Attorney Iretween thc City of Kalispell and the -J veloper oudinin . Ue _g and fon.,nalizing the temisi, co. "Witions and provisions of approval. The final pJan as a-Pproved, rckgether with tint: conditions and restrictions imposed, )evelopnient ('PVQ) zoningfot the site. _.h�'Afl vollstitute the Planned Unit I 2,5, `Mat preliminary plat approval fc)r the first pha&z tag the plaiineti,-,raitdevel,-,ipnient shall be valid for as period of three years from the date of approval with an autornatic threc-year exwosion a, each ph&se ofthe subdivision plat has ban complacd and Med.. (Kalispell Subdivision Regulations, Section 2.04). SECTION jo Ill. Upon proixt review anG filing of the Final Plat. of said subdivis H in the off -Ice of the Flathead County Clerk and Recorder, said premises Shall be a subdivision of the City of Katilgpell. PASSED ND APPROVEDBY'l'HE CA-Y COUNCIL AND S )IGNED BY THE MAYOR OF THE (.,-,ITY OF X_.,%.1_lSP1:LL-'rH1S 4TH DAY OF APRIL 2W5. i'§xntelaa B Kcnni(fy iA:'rrEs,.r: Theresa Wlu�le City Clerk r City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1.997 - Telephone (406)758-772i1..F'ax (406)7 8-7, 831 rw• August 30, 2006 Lone Pine Development, LLC 144 East Second Street Whitefish, Montana 59937 Re: Lone Pine Subdivision Kalispell, Montana Gentlemen, The City of Kalispell Public Works Department has reviewed and approved the plans and specifications for all publicly owned infrastructure within the referenced project. The City of Kalispell Public Works Department hereby approves the existing, completed City improvements except those listed in the Subdivision Improvement Agreement, Exhibit B, for the referenced subdivision. Approval by the City of Kalispell for the City owned and maintained improvements is granted based on the following: 1. Schwarz Engineering, Inc., letter dated August 17, 2006, certifying that the improvements within the referenced subdivision have been inspected and installed in accordance with the City of Kalispell standards and the approved plans and specifications. 2. Our video records of the sanitary sewer system. 3. Receipt of a Subdivision Improvement Agreement, Exhibit B, which contains the total estimated construction costs plus 25 percent covering the estimated costs for the remaining construction items. The Subdivision Improvement Agreement, Exhibit B, is certified by Marc Pitman, P.E., to being an accurate accounting of anticipated costs for the remaining improvements. The Two year warranty period for the City owned and maintained improvements commenced on August 11, 2005. The two year warranty period for the remaining construction will commence upon acceptance by the City of the completed constructed improvements in accordance with approved plans and specifications. If you have any questions, please do not hesitate to contact this office. Sin c ly, f Frank Castles, P.E. Assistant City Engineer Cc: Sean Conrad, Senior Planner Kalispell Planning Office Marc Pitman, P.E. Schwarz Engineering, Inc. ARCHITECTURE SCHWARZ August 17, 2006 Frank Castles, P.E. City of Kalispell Public Works Department P.O. Box 1997 Kalispell, MT 59901-1997 Re: Lonepine Trails Subdivision Dear Frank: We hereby certify that we have inspected the improvements to Lonepine trails subdivision. To the best of our knowledge and belief, we have found those improvements not included in the Subdivision Improvement Agreement to be in substantial conformance with the approved plans and specifications. A two Year Letter of Credit in the amount of ($166,585.20) 20% of the cost of the infrastructure improvements is enclosed. Sincerely, SCHWARZ ARCHITECTURE & ENGINEERING, Inc. X-4/ Marc Pitman, P.E. SCHWARZ ARCH ITECTU RE AND EN61 N EERI NG, INC. 100 Financial Dr., Suite 120 - Kalispell, MT 59901 - Tel: 406.755.1333 - Fax: 406.755.1310 - www.schwarzae.com PP — Montana Department E,41; Vill .Brian Schweitzer, Governor 109 Cooperative Wa - Suite 105 - Kalispell, MT 59901-2389 - (406) 755-8985 - FAX (4€ 6) 755-8977 Marc E. Pitman, P.E. September 22, 2005 Schwarz Archtecture & Engineering, Inc. 100 Financial Drive, Suite 120 Kalipell, MT 59901 RE: Lone Pine Meadows W&S, EQ# 06-1209. Dear Mr. Pitman: Plans and specifications for redesign of the above -referenced project have been reviewed by personnel with the Permitting & Compliance Division utilizing the certified checklist procedure and DEQ-2. The plans and specifications are hereby approved. One set of plans and specifications bearing the approval stamp of the Department of Environmental Quality is enclosed. Approval is based on plans and specifications received September 16, 2005 larder the seal of: Marc E. Pitman, P.E.# 12563PE. Approval is also given with the understanding that any deviation from the approved plans and specifications will be submitted to the Department for reappraisal and approval. Within 90 days after the project has been completed the project engineer shall certify to the Department that the project was inspected and found to be installed in accordance with the plans and specifications approved by the Department. This certification shall be accompanied by a set of "as -built" record drawings signed by the project engineer. It is further understood that construction will be completed within three years of this date. If more than three years elapse before completing construction, plans and specifications must be resubmitted and approved before construction begins. This tbree-year expiration period does not extend any compliance schedule requirements pursuant to a Department enforcement action against a public water or sewage system. Please be aware that this project may need a storm water general permit. Please contact the Water Protection Bureau at 406-444-3080 for more information. Sincerely, Z u . er, ICE Environmental ]engineer PE Public Water Supply Section Public Water Supply and Subdivisions Bureau cc: City of Kalispell Flathead County Sanitarian File RECEIVED SEEP 2 2 tl; Centralized Services .l)i;Lv on . Enforcement Division - Permittirg Si Compliance Division • Planning, Prevention & Assistance Division • Remediation bivision Montana Department EwIRONMENTIUQUAUTY Brian Schweitzer, Governor P.O. .Sox 200901 Helena, MT 59620-0901 (406) 444-2544 www.deq.mt.gov August 17, 2005 Schwartz. Architecture & Engineering Attn: Marc Pitman 4 100 .Financial Dr., Suite 120 Kalispell, MT 59901 Schwarz Construction Attn: John Schwarz. 100 Financial Dr.., Suite 1 10 Kalispell, MT 59901 RE: Confirmation .Letter for Receipt of Notice of intent ( 01) Number wrR101913 for the bone Pine Meadows Sudivision Improvements in Kalispell, Flathead County Dear- porniittee: This serves as confirmation that the Department received a complete notice of Intent (v`OI) Package on August 11. 2005. which listed you as an operator on the NOT Form for the storm water dischar--e associated with construction activity. A complete NOI package includes an NOl Form, a Storm Water Pollution Prevention Plan (SWP.P.P), and the appropriate fees (application and first year annual). Operators with a storm water discharge associated with construction activity are permitted under the 2002-2006 "General Permit for Storm Water Discharges Associated with Construction Activity" (General Permit) upon receipt by the Department of this complete NOI .Package. .Additionally, receipt by the Department of the complete NOT Package constitutes a fi.11l agreement by operators to meet and comply with all requirements stated in the General Permit. Please be sure to become familiar with the requirements stated in the attached General Permit. In particular, be sure to implement your SWPPP/ECP, develop and maintain Best Management Practices, perform required inspections, submit subsequent annual fees if necessary, and submit the required Notice of Termination (NOT) when the site achieves final stabilization. Failure to submit a completed NOT Form will result in assessment of annual permit fees, which trust be paid by operators. A violation of,. or non-compliance with, any provision of the General Permit is subject to enforcement action pursuant to the Montana Water Quality Act. General Permit coverage obtained through the submittal of this NOI does not waive obligations to obtain other permits or approvals that may be required. Should you have any questions, feel free to contact the Storm Water Program at (406) 444-3080, Sincerely, pencee I,. Willett Water Quality Specialist Water Quality Discharge Permit Section Water Protection Bureau Attachments: General Permit Fnforeement Division - € ermitting & Complianee Division + Planning, Prevention & Assistance Division • Remediatioo Division PEx�..�tiT l�'O.3.i +�1 DOC1U{} . MONTANA DEPARTMENT Off` ENVIRONMENTAL QUALITY AUTHORIZATION TO DISCHARGE UNDER THE MONA TNA POLLUTANT DISCHARGE ELIMINATION SYSTEM GENERAL PERMIT FOR STORM WATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY In compliance with Montana Code Annotated (MCA) 75-5-101 et seq., the Administrative Rules of Montana (ARM) 17.30.1301 et seq., and ARM 17.30.601 et seq., operators who submit a complete Notice of Intent package for a storm water discharge associated. with comstructiom activity im&T this General Permit for Storm Water Discharges Associated with Construction Activity are authorized to discharge storm water from construction- activities to surface waters in accordance with the conditions set forth in Parts I, II, III, IV, and V of this General Pe anit: This General Pe.-anit shall becorde effective June 8, 2002. This General Perm, it shall expire at midnight, December 31, 2006 FOR THE MONTAINA DEPARTMENT OF ENTVIRONMENTAL QUALITY 29 Thomas D. Reid, Supervisor Water Quality Discharge Permit Section Water Protdctiom Bureau Permitting and Compliance Division Dated tr)is 8th day of May, 2002 Page 2 of 28 PEPlV.IT NO M, TRI00000 TABLE OF CONTENTS PREAMBLE.............................................................................................................. . 3 PART I. COVERAGE UNDER THIS GENERAL PERMIT ................................................ 4 A. GENERAL _PERMIT AREA......................................................................................................................................4 B. SOURCES COVEREDUNDER THIS GENERAL PERNIIT...........................................................................................4 C. NOTICE OF INTENT (NDI) SUBA4ITTAL PROCEDURE.S......................................................................................... 5 PART II. EFFLUENT LEMITATIONS AND SPECIAL CONDITIONS .............................. 9 PART III. MONITORING, REPORTING, AND RECORDS RETENTION REQUIREMENTS.................................................................................................. 10 A. MONITORING REQUIREMENTS ......... ........ ............ .................. .......... .................. ...._..... ............... ................. ._....10 13. REPORTING REOUI.uEI� ENT.........................................:...................................I......................... ....... I I C. RECORDS RETENTION .......................................................................................................................................12 PART IV. STORM 'WATER POLLUTION PREVENTION PLAN ................................... 14 PART V. STANDARD CONDITIONS................................................................................... 19 A. DUTY TO COMPLY.. .................. .....................................................................................19 Pi. CONTLtiUATION OF TI?E EXPIRED GENERAL PERMIT.........................................................................................19 C. NEED TO HALT OR RE ?L)CE ACTIVITY NOT A DEFENSE.....................................................................................19 DDUTY TOMI;IGATE........................................................................................................... .....19 E. DUTY TO PROVIDE INFORMATION ................ F. OTx R INFORMATION .:................... ....................... ...... ....... ........................................... ........................ ..........20 G. SIGNATORY RFQLIIREM.FNTS........ ......... ............................ :................................. ............. .:............... ................ 20 H. -CERTIFICATIO?..................................................................................................................... ...........................21 I_ PENALTIES FOR FALSE STATEMENTS AND FALSIFYING MONITORING.............................................................. 21 I. OILAND HAZARDOUS SUBSTANCE LIABILITY..................................................................................................21 K. PROPERT"Y_RIGH.TS.............................................. -......................... ........._............... ................. .............. ......... ...21 L. SEVERABILITY........................................................................................................................ ...21 M, TRANSFERS ....... .............................................................. ....................... .:........... ......... .......................... ............. 22 N 1. PROPER OPERATION AND MAINTENA?*ICE.........................................................................................................22 O. 1INSPECTION AND ENTRY .--................................................................_..:............._........_._........................._.......22 P. PERMITACTIONS..............................................................................................................................................23 Q. REOPENIFIZPROViSiON .......................................... .................. ........... .......... ............ ........... ..................... 23 R. NOTICE OF TERMINATION NOT)-.- ................ ....... ........................ ..... --- ......... --- ............ ........ 2-3 S. FFFS....................................................................................................................................... .......24 T. QFFIDNITIONS.......... ........................ ....... ..................... ......... ................. ...................................... ................. ..... ..25 Page 3 of28 PERMIT NO MTR100000 PREAMBLE The purpose of this Preamble is to provide the operators who submit a Notice of Intent package for a storm water discharge associated with construction activity under the General Permit for Storm Water. Discharges Associated with Construction Activity a summary of the requirements for compliance with this General Permit. The basic principle of the General Permit is to identify areas or activities that may contribute pollutants to surface waters and to consider practical methods to reduce such pollutants from your operation. The degree of pollution control necessary will vary depending on the site and the situation. For example, if you are constructing a road on perfectly flat ground where there are no surface waters in close proximity to your activities, the potential to cause pollution of surface waters is minimal, and only minimal erosion and sediment controls would be expected. On the other hand, if you are .constructing a highway and there are several stream drainages, etc, in close proximity to your project, very comprehensive and complete pollution controls would be expected. The major pollutant that could be a potential problem for construction sites will be sediment discharges from increased erosion. If the project will impact a waterbody, you must ensure that minimal sediment reaches surface waters by using appropriate erosion and sediment control measures. The discharge of turbid water may cause a violation of this General Permit. Adequate erosion and sediment control measures must also be used to prevent sediment discharges to riparian areas and ephemeral streams. Other pollutants likely to be a problem at construction sites are fuels, lubricating oils, construction materials, fertilizers, and pesticides. Managing these materials properly (such as keeping them as far away as possible from surface waters or preventing spills of these materials) is a primary factor in ensuring pollutants do not reach surface watersthrough storm water runoff. In order to help characterize the construction activity: potential sources of pollutants, and Best Management Practices (BMPs) to help ensure pollutants do not reach surface waters, operators are required to develop and implement a Stoma Water Pollution Prevention Plan (SWPPP). The basic requirements of the S WPPP are provided in Part IV . of this General Permit. FART I Page 4 of 2$ PERMIT NO. MTRl00000 PART Z. COVERAGE UNDER THIS GENERAL PERMT'T` A. General Permit Area The General Permit applies to all areas of the State of Montana. B. Sources Cowered Under this General Permit This General Permit covers all projects or activities which meet the definition of "storm water discharge associated with construction activity" as defined in Part V.T.1S. ofIhis General Permit. For determining whether coverage under this General Permit -is required, the total land area of disturbance that is part of a larger common playa of development or sale must be used. Determination of the acreage of disturbance does not typically include disturbance far routine.inaintenance activities on existing roads where the line and grade of the road is not being altered, nor does it include the paving of existing roads. The General Permit may also cover storm water discharges from support activities related to a construction site (e.g. concrete or asphalt batch plants, equipment staging yards, material storage areas, etc.). This is provided that: 1. The support activity is not a commercial operation serving multiple unrelated construction projects and does not operate beyond the completion of the construction activity. 2. Appropriate controls and measures are identified in the Storm Water . Pollution Prevention Plan (SWPPP) for the discharge from the support activity. All discharges must be in accordance with the submitted SWPPP and the provisions of this General Permit. Any other direct discharge and/or wastewater discharge to surface waters is. prohibited unless covered by another MPDES permit. This.General Permit does not relieve the operator(s) frorn responsibility for compliance with any other applicable federaI,.state, or local law, rule, standard, ordinance, order, judgment, or decree. Pennittees who have an active permit authorization under the 1997-2002 General Discharge Permit for Storm Water Associated with .Construction Activity (issued prior to the effective date of this 2002-2006 General Permit) shall refer to Part I.C.S. of this reissued General Permit for requirements on continued General Permit coverage for their storm water discharge associated with construction activity. PART Page S. of 28 PERMIT NO. MTRIO00oo C. ?Notice of Intent z OT Submittal Procedures 1. Notice of Intent Package Any person who is the operator of a storm water discharge associated with construction activity which requires coverage under the General Permit as stated in Part I.B. of this General Permit shall submit a complete Notice of Intent (NOI) package to the Department. * The complete NOI package consists of: a. An NOI completed on a standard NOT form developed by the Department, which provides all of the required information stated in Part I.C.2. of this General Permit, and signed by the operator(s) based on the signatory requirements stated in Part V.G. and H. of this General Permit. b. A separate SWPPP (document and related plans) which has been completed in accordance with the requirements identified in Part IV. of this General Permit and signed by the operator(s) based on the signatory requirements stated in Part V.G. and H. of this General Permit. C. The application fee and first year annual fee, as required by ARM 17.30.201. (Nate: New fee rules including fee amounts are effective as of February 2002.) * For a storm water discharge associated with construction activity with construction -related disturbance under 5 acres of total land area, an NOI package is not required until the Department formally incorporates EPA Phase II -requirements into the Administrative Rules of Montana. 2. NOI Form The NOI form requires, at a minimum, the following information: a. Name and address of all construction activity operator(s) as defined in Part V.T.S. of this General Permit. b. Contact person and telephone number for allconstruction activity aperator(s). Construction project/site name, address, and county (for MDT projects, also provide project number and designation). PART T Page 6 of 28- PER1vUT NO. MTR100600 d. Project site latitude and longitade.for the center of the construction activity's disturbance, or the endpoints for lineal projects (in degrees, minutes, and seconds). e. Name of receiving surface waters. Indicate the nearest perennial surface water body receiving the storm water discharge and include a description of the flow path(s) for the storm water discharges to these receiving surface waters and the approximate distances as necessary (such as through ditches, coulees, other ephemeral streams,.and/or intermittent streams). Indicate whether storm water will be discharging to a municipally owned storm sewer system; if so, indicate the receiving surface waters and a description of the flow path(s) as is pertinent. f. Estimated construction start date and completion date through site final stabilization. g. A USGS topographic map indicating the location of the project and nearby surface waters. h. An estimate of the area (in acres) to be disturbed due to construction -related activity. i. A brief description of the purpose and nature of the construction activity. )- An indication of the type of construction activity fee submitted based on Fart V.S. of this General Permit. This must be either a "commercial or public" construction activity, or a "residential (single family dwelling)" construction activity. If residential (single family dwelling) is indicated, a description of the scope of the overall construction project supporting this fee type.category must also be indicated. k. If multiple operators are identified, an indication of which operator(s) is responsible for the submittal of fees to the Department (such as future annual fees). 1. If multiple operators are identified, an indication ofwhich operator is responsible for the submittal of the Notice of Termination -form. This must include an indication of which operator has primary responsibility, and what those responsibilities are, during major construction phases, particularly after earthwork is completed and through final stabilization. If only one operator is identified as the responsible party for final stabilization and, consequently, the submittal of the Notice of Termination form, then this operator PARTI Page 7 of28 PERMIT NO. MTRl00000 shall also be the responsible party for fees identified in Part I.C.21. above. 3. NOI Package Submittal A signed and complete NOI form; a signed and complete SWPPP, and the required application and annual fees must be submitted to the following address; Montana Department of Environmental Quality Water Protection Bureau Storm Water Program 1520 East Sixth Avenue PO Box 200901 Helena, MT 59620-0901 4. NOS Package Receipt Confirmation Letter The Department will provide all identified operator(s) on the NOI form with a Co.nfzrmation,Letter acknowledging the receipt of the complete Notice of Intent package. Receipt by the Department of the complete NOI package by the construction start date where construction -related disturbance will initiate shall provide coverage to discharge storm water under the General-Pennit. If any of the required items in the NOI package are not complete or are not submitted to the Department, coverage for storm water discharge associated with construction activity under the General Permit will not initiate until the required items are received by the Department. Receipt by the Department of the complete NOI package constitutes .a .full agreement by the operator(s) to meet and comply with all requirements stated in this General Permit. The operator(s) should submit complete NOI packages; with all components submitted at the same time,'to ensure efficient NOI processing by the Department, to prevent delay of construction activity, and to minimize potential storm water discharge compliance problems. 5. NOI Submittal Requirements for Permittees Authorized under the Preceding 1997-2002 General Discharge Permit for Storm Water Associated with Construction Activity The-operator(s) of ongoing construction projects as of the effective date of this General Permit, which have an active permit authorization under the PART Page & of 29 PERMIT NO. M'T'R1 00000 1997-2002 General Discharge Permit for Storm Water Associated with Construction Activity, shall: a. Submit an NOI package according to Part I.C.1., 2., and 3. of this General Permit within 90 days of the effective date of this General Permit. If the operator(s) is eligible to submit allotice of Termination under Part V.R. of this General Permit (e.g., construction. is finished and final stabilization has been -' before the 90`h day, an NOI package is not required to be submitted. b. For the first 90 days from the effective date of this General Permit, comply with the terms and conditions of the 1997-2002 General Discharge Permit for Storm Water Associated with Construction Activity, except that, for Notice of Terminations, the requirements of Part V.R. in this 2002-2006 General Permit shall apply. c. Update their SWPPP to comply with the requirements of Part IV. of this General Permit within 90 days after the effective date of this General Permit. d. If a Notice of Termination is not to be submitted before the 90"' day after the effective date of this General Permit.(e.g., construction is not finished and/or final stabilization has nut been achieved by this date), submit an NOI fee according to ARM 17.30.201-with the NOT form. This fee will be waived if the original permit application for authorization under the 1997-2002 .General Permit was stamp -received by the Department between January 1, 2002 and the effective date of this 2002-2006 General Permit. PART U Page 9 of 29 PERMIT NO. MTR100000 PART IL EFFLLTNT LIMITATIONS AND SPECIAL CONDITIONS Effective immediately upon the submittal of a complete Notice of Intent package for coverage under this General Permit and lasting through the expiration date, the following effluent limitations apply. A. There must be no discharge of process wastewater pollutants to surface waters. Discharges to surface )eaters of material other than storm si°ater must be in compliance with a Montana Pollutant Discharge Elimination System (MPDES) permit other than this General Permit. B. All discharges to surface waters covered by this General Permit must be composed entirely of storm water. Discharges must consist of water venerated only through rainfall precipitation and snowmelt. C. A discharge of storm water associated with construction activity must not cause or contribute to a violation of water quality standards. D. The operator(s) .shall develop and maintain all BMPs and storm water management controls in accordance with the SWPPP required in Part IV. of this General Permit. PART III Page 10 of 28 PERMIT NO. MMI0Q000 PART III. NiOI ITOIING REPORTING, AND RECORDS RETENTION REQUIREMENTS A. MOIIitorinc Requirements The operator(s) shall implement and maintain Best Management Practices (BMPs) to minimize potential pollutants in storm water discharges, as identified in the SWPPP. 2. Storm -water discharges associated. with construction activity must be monitored by the operator(s) as specified in this section to evaluate the adequacy and effectiveness of the erosion and sediment control measures and BMPs. . 3. All erosion and sediment `control measures must be inspected and maintained by or under the direction of the operator(s) at least once every fourteen calendar days and within 24 hours after any storm event of 0.5 inches or greater. 4. The frequency of the inspections required in Part III.A.3. may be reduced to monthly, as follows: a. After the operator(s) has completed earthwork and construction activities at the construction site and has installed the SWPPP erosion and sediment control pleasures and other BMPs necessary to establish final stabilization at a later date, or b. Between December I and March I . In either case, all sediment and erosion control measures and other BNTs must be in place as identified in the SWPPP. This change in inspection frequency and its schedule for implementation must be indicated in the SWPPP. All inspections and monitoring performed above under Part III.A.3. and 4. of this General Permit must be documented and kept in accordance with Part III.C.2. and 3. of this General Permit. 6. The operator(s) of"a storm water discharge associated with construction activity with construction -related disturbance of S acres or more of total land area, which has had active General Permit coverage for I year or more, shall perform an annual inspection of the site by the I year PART M Page 11 of 28 PERMIT NQ. MTRi moo anniversary date of the submittal of the NOI package or the initiation of active permit coverage. The annual inspection must: a. Identify areas contributing to the. storm water discharge associated with construction activity and evaluate whether measures to reduce. pollutant loadings identified in the SWPPP are adequate and _properly implemented in accordance with the requirements in this General Permit or whether additional controls are needed. b. Be summarized in a report that includes a certification of compliance with the SWPPP and General Permit and any incidents ofnon-compliance. Such .report and certification must be signed in accordance with the signatory requirements of Part V.G. and H. of this General Permit. This inspection record, report, and certification must be maintained in accordance with Part 111.C.2. and C.3. of this General Permit'. B. ReportinjZ Requirements 1. Notification of Facility Contact Changes The operator(s) shall notify the Department in writing of any change of the designated contact person, mailing address, and/or telephone number (as originally identified in the Notice of Intent) within 15 calendar days of this change. 2. ' Spill/Release Notification The operator(s) shall submit written notification to the Department Storm . Water Program (mailing address is stated in Part I.C.3. of this General Permit) within two business days of the detection of -any unregulated significant spill or release in any area(s) which has the potential to introduce pollutants into storm water runoff other than sediment. This notification must provide: the Notice of Intent number; the name of the construction activity project; the operator(s) as identified on the Notice of Intent form; a description of the time and duration of the spilllrelease; the specific location and contaminant fate of the spill/release; a description of the quantity and type of material spilled/released; measures being taken to investigate and/or remediate the spill/release; any known or potential impacts to storm water discharges due to the spill/relcase; and any BNTs to be implemented to minimize and/or prevent similar spills/releases in the future. Noncompliance Reporting If, for any reason, the operator(s) does not comply with or will be unable to comply with any condition specified in this General Permit, the PART M Wage 12 of 28 - PERMrf No- MTR1 w000 operator(s) shall notify the Department as soon as possible by phone and provide the Department with the following information, in writing, within five calendar days of becoming aware of such condition: a. A description of the discharge or other cause of noncompliance; b. The period of noncompliance, including exact dates and times; or, -if not identified, the anticipated time the noncompliance is expected to continue; and, 'Additional measures being taken to reduce, eliminate, and prevent recurrences of the non -complying discharge or other cause of noncompliance. 4. All reports, notifications, and inquiries regarding the conditions of this General Permit must be provided to the Department at: Montana Department of Environmental Quality Water Protection Bureau Storm Water Program 1520 East Sixth Avenue PO Box 200901 Helena, MT 59620-0901 (406) 444-3080 C. Records Retention Permit Retention Requirements The operator shall retain. a copy of this General Permit, a copy of the completed and signed Notice of intent form, a copy of the Department's Confirmation Letter for receipt of the Notice of Intent package, and a copy. of the completed and signed Storm Wafter Pollution Prevention Plan (SWPPP) at the construction activity project site at all times during the active coverage period provided under this General Permit. If no permanent offices/buildings are located at the facility site, copies of these documents must be retained at the office of the operator's contact person identified on the Notice of Intent form and at the office of the primary operator(s) responsible for the implementation of the SWPPP and must be brought to the site at all times with these identified operator(s). If the person(s) designated as responsible contact/individual is replaced during the active coverage period provided under this General Permit, the operator(s) shall ensure measures are in place to transfer and familiarize replacement personnel with the requirements pertaining to these documents. PART III Page 13 of28 PERMIT NO. MTR1 00000 2. - Inspection and Uncontrolled Release Records The operator(s) shall keep a record of inspections, the date and time inspected, and the name of the person performing the inspection. -Uncontrolled releases ofimud or muddy water or "significant sediment" (as defined in Part V.T.13, of this General Permit) found off the site or entering into surface waters must be recorded with a brief explanation as to the measures taken to prevent future releases as well .as any measures taken to clean, up the sediment that has left the site. This inspection record must be made available to the Department upon request. Any occurrence of noncompliance must be reported according to Part JE.B.3. of this General Permit. 3. Required Period of Record Retention . All records and information resulting from the monitoring activities required by this General Permit, a copy of the completed and signed NOI form, a copy of the DEQ NOI Package Receipt Confirmation Letter, and a copy of the completed and signed SWPPP shall be retained by the operator(s) for a minimum of 3 years from the date the site is finally stabilized, or longer if requested by the Department. PART IV Page 14 of28 PERMIT No. MTR100000 PART IV. STORM WATER POLLUTION PREVENTION PLAN A. The operator(s) shall develop a Storm Water Pollution Prevention Plan (SWPPP) and submit a copy of the SWPPP at the same time as the Notice of Intent form. This operator shall implement the SWPPP at the time construction activity commences. The objective of the SWPPP is to minimize the erosion of disturbed land during construction and post -constriction activities and to minimize pollutants, such as sediment, fuels, oil, grease, fertilizer, pesticides, concrete truck washout, etc., from discharging to surface relaters. It is the responsibility of the operator(s) to ensure the SWPPP requirements stated in this General Permit are complied with. Incomplete SWPPPs are a violation of this General Permit. The Department may take (or initiate) enforcement action if an operator is found to have prepared an incomplete SWPPP. The SWPPP must: Be signed in accordance with the signatory requirements in Part V.G. and H. of this General Perrriit, 2. Be maintained at the construction site in accordance with Part 1H.C. of this General Permit, and 3. Provide for cony pliance with the terms and schedule of the SVYTPP and be updated as necessary. B. The SWPPP must be implemented for the entire duration of the project, beginning. with disturbance related to construction activity and lasting through establishment of site final stabilization of disturbed areas. C. The Department may notify the operator(s), that the SWPPP is not in compliance with this General Permit. This determination of SWPPP deficiency may be derived through site inspection or through a review of the SWPPP. After such notification from the Department, the operator(s) shall make changes to the SWPPP and submit a written certification to the Department indicating the necessary changes have been made. Unless otherwise provided by the Department, the operator(s) shall have seven calendar days after such notification to make the necessary changes to the SWPPP. When the Department makes such notification, the operator(s) shall provide the Department with a copy of revisions to the SWPPP. D. The operator(s) shall amend the SWPPP whenever there is a change in design., construction, operation, or maintenance, which has a significant effect on the potential for the discharge of pollutants to surface waters, or if the. SWPPP proves to be ineffective in achieving the general objectives of controlling pollutants in a storm water discharge associated -with construction activity. When such revisions PART Iv Page 15 of28 PERMIT NO. MTRI 00000 are made to the SWPPP based upon this General Permit condition, the operator(s) shall provide the Department with a copy of revisions to the SWPPP. E. The SWPPP may include any erosion and sediment control measures or Best Management Practices (BMPs), including but not limited to the use of sediment basins, berms, barriers, filter strips, covers, diversion structures, seeding, and sodding. F. Any SWPPP that is prepared for a construction activity which includes 20 acres or more in total disturbance related to construction activity, must be reviewed and stamped by a professional engineer licensed in the State of Montana. G. The SWPPP must include at least the following items: 1. Site Description: Each plan must at a minimum, provide a description of the following: a. The nature of the construction activity, including a proposed implementation schedule for major activities; b. Estimates of the total area of the site, and all other sites if a phased development project, and the area of the site that is expected to undergo disturbance related to construction activity; Site map(s) indicating: • Areas of total development and, at a minimum, areas of "disturbance" related to construction activity (including support activities related to a construction site. concrete or asphalt batch plants, equipment staging yards, material storage areas, material borrow areas, etc.); • Drainage patterns; Approximate slopes anticipated after major grading activities; • Areas used for the .storage of soils or wastes; • Areas used for the storage of fuel(s); • Location of all erosion and sediment control measures or structures; • Areas where vegetative measures are to be implemented; The location of impervious structures (including buildings, roads, parking lots, outdoor storage areas, etc.) after construction is completed; • The location of all surface waters on or near to the construction activity .site (including perennial and intermittent waterbodies, ephemeral streams, springs, wetlands -with standing water, etc.), PART N Page 15 of 28' PERMIT NO. MM100000 The boundary of the 100-year floodplain, if determined; and A north arrow and map scale; d. The character and erodibility of sediment and other earth material to be disturbed at the project site, including cut/fill material to be used; e. For a storm water discharge associated with construction activity with construction -related disturbance of S acres or more of total land area, an estimate of the runoff coefficient of the site and the increase in impervious area after the construction addressed in the NGI is completed; The names of receiving surface waters and a description of the size, type, and location of each point source discharge or outfall. If there is no distinguishable point source discharge or outfall to the receiving surface waters, a description of storm water runoff flow and drainage patterns into the receiving surface waters must be. provided. If the discharge is to a municipal separate storm sewer, the location of any storm sewer discharge into receiving surface waters; and A description of storm water discharges from support activities related to a construction site (e.g. concrete or asphalt batch plants, equipment staging yards, material storage areas, etc.). 2. DMPs and Storm Water Management Controls Each operator(s) covered by this General Permit shall develop, as part of the SWPPP, a description of DMPs and storm water management controls appropriate for the site, including a brief description of applicable local erosion and sediment control requirements. The following minimum components must be addressed., including a schedule for implementation, unless otherwise authorized in writing by the Department. a. A description of stabilization measures which must, to the degree practicable, preserve existing vegetation and re -vegetate areas of con.struction-related disturbance as soon as possible after grading or construction. In developing vegetative measures, the operator(s) shall consider: temporary seeding, permanent seeding, mulching, sod stabilization, vegetative buffer/filter strips, grassed waterways, erosion control blankets, and tree and shrub planting. b. A description of structural measures which indicates how, to: the degree practicable, the opc rator(s) will divert storm water flows PART IV Page 17 of 28 PERMIT NO. MTR1o0000 from exposed soil, store these flows, or otherwise limit runoff from exposed areas of the site. In developing structural measures, the operator(s) shall consider: straw bale dikes, silt fences, earth dikes, brush barriers, drainage swales, check dawns, subsurface drains, pipe slope drains, rock outlet protection, drain inlet and outlet protection., temporary drain diversions, sediment traps, temporary sediment basins, infiltration trenches or basins, and retaining walls. The operator(s) should also consider the proximity of structural measures with respect to floodplains, and if there are other alternatives, avoid the placement of structural BMPs within the floodplain. C. None of the temporary control structures, including silt fences and straw bale dikes, shall be removed until permanent vegetation and site stabilization has taken place. The only exception to this Mould be where temporary control structures need to be moved or removed in order to allow continuing construction activities to occur, in which case equivalent measures must be implemented to. ensure the• sarne level of protection in minimizing potential . pollutant discharges. d. Off -site vehicle tracking of sediments from the construction site roust be controlled or minimized, particularly onto paved road surfaces, in order to minimize the potential impairment of storm water quality. e. When trucking saturated soils from the site, either tight leak -proof trucks must be used or loads must be required to drain until - drippage has been reduced to less than 1 gallon per hour. before leaving the site. H. BMPs must minimize or prevent. "signif carat sediment" (as defined in Part V.T.13. of this General Permit) from leaving the construction site. I. If "significant sediment" (as defamed in Part V.T.13. of this General Permit) results from the failure of erosion or sediment control measures, the operator(s) shall evaluate. the effectiveness of such measures or other BMWs and incorporate improvements to minimize the potential for "significant sediment". J. If "significant sediment" (as defined in Part V.T.13. of this General Permit) results from the failure of erosion or sediment control measures, the material must be cleaned up and placed back on the site or disposed of in an acceptable manner. The material must not be washed into the storm sewer(s), drainageway(s), or receiving surface waters. This does not waive any obligations for the operator(s) to obtain other permits or permissions to clean up the "significant sediment." PART 1V Page 18 of 28' PERMIT NO. MTR100000 . K. A description of measures to control pollutants in storm water discharges that will occur after construction operations have been cona.pleted must be addressed -in the SWPPP, including a brief description of applicable local erosion and sediment control requirements. Such measures may include: stone water -detention structures (including wet ponds), storm water retention structures, flow attenuation by use of open vegetated swales and natural depressions, and infiltration of runoff on -site. PART V Page 19 of 28 PERMIT NO. MTRl00000 PART V. STANDARD CONDITIONS A. Duty to Comply The operator(s) shall comply with all conditions of this General Permit. Any General Permit noncompliance constitutes a violation -of the Act and is grounds for enforcement action, for termination of coverage under the General Permit, revocation and reissuance, modification of coverage under the General Permit, or for denial of General Permit coverage renewal. The operator(s) shall give the Department advance notice of any planned changes at the permitted activity that may result in permit noncompliance. The Montana Water Quality Act (75-5-631, MCA) and the federal Clean Water Act (Section. 309) provide significant penalties for any person who violates a General Permit condition. Any person who violates any condition of this General Permit is subject to a civil penalty not to exceed $25,000 per day per violation, or an administrative penalty not to exceed $10,000 per day per violation, as well as any other appropriate sanction. provided by Section 309 of the Clean Water Act, B. Continuation of the Expired General Permit An expired General Permit remains in full force and effect until the General Permit is reissued. Those operator(s) who submitted Notices of Iritent prior to the expiration date or who were granted coverage under the General Permit before it expired, are covered by the expired permit until the General Permit is reissued. C. Need to $alfor Reduce Activi not a Defelise It shall not be a defense for an operator(s) in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain . compliance with the conditions of this General Permit. D. Duty to Mitigate The operator(s) shall take all reasonable steps to minimize or prevent any discharge in violation of this General Permit that has a reasonable likelihood of adversely affecting human health or the environment. E. Duty to Provide Information The operator(s) shall furnish to the Department, within a reasonable time, any information which the Department may request -to determine whether cause -exists for modifying, revoking and reissuing, or terminating coverage under this General Permit, or to determine compliance with this General Permit. The operator(s) shall also furnish to the Department, upon request, copies of records required to be maintained under this General Permit. PART V Page 20 of 28 PERMIT NO. MTRI00000 .. Other Information When the operator(s) becomes aware that he failed to submit any relevant facts or submitted incorrect information in a Notice of Intent package or any report to the Department, he shall promptly submit such facts or information. G. Siaziatory Requirements All Notices of Intent, SWPPPs, Notices of Termination, and reports or information, must be signed and certified. 1. All Notices of Intent, SWPPPs, Notices ofTennination, and reports required by this General Permit must be signed by the following persons or by a duly authorized representative of these persons as provided in Part V.G.2. of this General Permit: a. For a corporation, by a responsible corporate officer; b. For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; C. For a rnunicipality; state, federal, or other public agency, by either a principal executive officer or ranking elected official. 2. A person is a duly authorized representative of the person stated above in Part V.G.I. of this General Pen -nit only if: - . a. The authorization is made in writing by the person stated in Part V.G.I. of this General Permit and submitted to the Department, and b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for envirorunental matters for' the company (A duly authorized representative may thus be either a named individual or any individual occupying a named position). Changes to authorization. If an authorization under Part V.G.2. of this General Permit is no longer accurate because a different individual or position has responsibility for the overall operati on of the facility or activity, a new authorization satisfying the requirements of Part V.G.2. of this General Permit must be submitted to the Department prior. to, or together . PART V Page 21 of 28 PERMIT NO. MTRi 0000o with, any S WPPP revisions, reports, or other information requiring the signature of a duly authorized representative. H. Certification Any person signing a document required under this General Permit shall make the following certification: "I certify under penalty of the law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." L Penalties for False Statements and Falsifying 11lonitorin Under Section. 75-5-633, MCA, the Montana rater Quality Act.provides that any person who knowingly makes any false statement, representation, or certification in any Notice of Intent, record, report, plan, or other document filed .or required to be maintained under this General Pernt or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this General Permit shall upon conviction be punished by a fine of not more than $25,000 or by imprisonment for not more than 6 months or both. J. Oil and Hazardous Substance Liability Nothing in this Gerieral-Permit shall -be construed to preclude the institution of any legal action or relieve the operator(s) from any responsibilities, liabilities, or penalties to which the operator(s)' is or may be subject under Section 311 of the Clean Water Act, K. Property Rights The issuance of this General Permit does not convey any property rights of any sort, -nor any exclusive privileges, nor does it authorize any injury to private property, nor any invasion of personal rights, nor any infringement of federal, state, or local laws or regulations. L. Severability The provisions of this General Permit are severable, and if any provision of this General Permit, or the application of any provision of this General Permit Lo any PART V Page 22 of A PERMIT NO. MTRI000o0 circumstance, is held invalid, the application of such provision to other circumstances and the remainder of this General Permit shall not be affected thereby. M. Transfers A Notice of Intent cannot be transferred to a new operator(s). A new operator of a facility must submit a new Notice of Intent package according to the procedures in Part I.C. of this Permit prior to taking responsibility for the construction activity. If the new operator(s) chooses to develop a new SWPPP, the new operator(s) shall be expected to implement the old SWPPP until the new plan is developed, implemented, and submitted to the DEQ. - M Proper Operation and Maintenance The operator(s) shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the operator(s) to achieve compliance with the conditions of this General Permit and with the requirements of Storm Water Pollution Prevention Plans. Proper operation and maintenance includes adequate laboratory controls and appropriate quality assurance procedures. Proper operation and maintenance require the operation of backup or auxiliary facilities or similar systems, installed by an operator(s) only when necessary to achieve compliance with the conditions of the General Perrrrit. . O. Inspection and Entr r The operator(s) shall allow the Department or the Regional Administrator, or authorized representative thereof, upon the presentation of credentials and other documents as may be required by law, to: 1. At reasonable times, enter upon the operator(s)'s premises where a regulated facility or activity is located orconducted or where records must be kept under the conditions of this General PeT-mit; 2. Have access to" and copy, at reasonable times, any records that must be kept under the conditions of this General Permit; 3. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), -measures, or operations regulated or required under this General Permit; and 4. Sample or monitor at reasonable tildes, for the purpose of assuring permit compliance, any substances or parameters at any location.. PART V Pa,ge 23 of 28 PERMIT NO. MTR100000 P. Permit Actions Coverage under this General Permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the operator(s) for a modification, revocation and reissuance, or termination, or notification of planned changes or anticipated noncompliance, does not stay any General Permit condition. Q. Rea ener Provision If there is evidence indicating an exceedance of a water quality standard due to any storm water discharge associated with construction activity that is covered by this General Permit, the operator(s) may be required to develop and implement a corrective action plan, which may include additional BMPs or the need to apply for and obtain coverage under an individual MPDES permit. R._ - Notice of Termination (NOT) 1. Where a site has been finally, stabilized or. where the operator(s) at a site changes, the operators) shall submit a standard DEQ Notice of. Termination. (NOT) form that has been signed in accordance with Part V.G. and H. of this General Permit. The standard DEQ Notice of Termination form that is used must be the 2002 updated.version (or a subsequent revision) and must include the following information: a. The mailing address of the. construction activity site. Where a mailing address for the site is not available, the location of the site must be described by the latitude and longitude for the center of the construction activity disturbance, or the endpoints for lineal projects (in degrees, minutes, and seconds); b. . The name, address, and telephone number of the operator(s) as identified in the Notice of Intent; The MPDES Notice of Intent number as stated in the NOI Package Receipt Confirmation Letter described in Part I.C.4. of this General Permit; d. Certification indicating the site has achieved final stabilization, or the operator(s) of the project has changed; and e. The Notice of Termination form must be signed in accordance with Part V.G. and include the signature certification in accordance with Part V.H. of this General Permit. The Notice of Termination must be sent to the following address: PART V Page 24 of A PERMCT No. MTRI 00000 Montana Department of Enviromnental Quality Water Protection Bureau Storm Water Program 1520 East Sixth Avenue PO Box 200901 Helena, MT 59520-0901 Failure to submit a Notice of Termination shall result in additi©nal annual permit fee accumulation until notification has been. received. 2. For the operator(s) identified on the Notice of Intent form submitted to the Department, only one Notice of Termination form shall be submitted when final stabilization of disturbed areas associated with the construction activity has.been satisfactorily accomplished. 3. If more thann one operator is stated on the Notice of Intent forth and an operator(s) desires to be relieved of responsibility for a particular portion and/or period.of the General Permit --average period, then the operator(s)shall so indicate on the Notice of Intent form when it is submitted. Consequently, the Notice of Intent form must specify which operator is responsible for the submittal of the Notice of Termination. This. would typically pertain. -to situations where a hired contractor has completed earthwork activities and the owner elects to accept sole responsibility for compliance with the General Permit (including annual fees) from the cessation of earthwork activities through final stabilization, of the site and the formal subm' ittal of the Notice of Termination form. .. Fees The operator(s) is required to submit payment of an annual fee as set forth in ARM 17.30.201. (Note: New fee rules (including fee amounts) are effective as of February 2002.) When there is more than one operator specified on the Notice of Intern form, there shall be an indication of . which operator is responsible for payment of the annual fees. If the operator(s) fails to pay the annual fee within 90 days after the due .date for the payment, the Department may: a. Impose an additional assessment consisting of 15 percent of the fee, plus interest, on the required fee computed at the rate established under 15-31-510(3), MCA; or b. Suspend the effective date of the Notice of Intent for General Pen -nit coverage or, if the nonpayment involves an annual permit fee, suspend the coverage under the General Permit for which the fee is required. The Department may lift suspension at any time up to 1 year after the suspension occurs if the holder has paid all PART V Page25 oft8 PERMIT NO. MTRl00000 outstanding fees, including all penalties, assessments, and interest imposed under this sub -section. Suspensions are limited to 1 year, after which the coverage under the General Permit through the Notice of Intent will be terminated. 2. Fees submitted for storm water discharges associated with construction activity are divided into two categories based on the following: a. A "residential (single family dwelling)" construction activity is the construction of any building, structure, access, utility, or related disturbance utilized for single family occupancy on a distinct and individual lot or parcel of land and that is not combined with or a part of construction activity related to other lots, parcels of land, or single family dwellings; and b. A "commercial or public" construction activity is a construction activity that does not meet the above criteria as a "residential (single family dwelling)" construction activity and that includes the development of subdivisions and other projects which are part of a common plan for development or sale. An indication of which- of these two categories a construction activity meets must be provided on the NOT form as required in Part I.C.2 J.- of this General Permit. T. Defnitions The "Act" means the Federal Clean Water Act. 2. "Best Management Practices" ("BMPs") means schedule of activities, prohibition of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of state waters. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. 3. The "Department" means the Montana Department ofEnviromnental Quality. 4. 'Disturbance" related to construction activity means areas that are subject to. clearing, excavating, grading, stockpiling earth materials, and placement/removal of earth material performed during construction projects. S. "Ephemeral stream" means a stream or part of a stream that flows only in direct response to precipitation in the inimediate watershed or in response to PART N4 Pa.ae 26 of 28 PERMIT NO. MTRl oo000 the melting of a cover of snow and ice and whose channel bottom is always above the local water table. 6. "Final stabilization" means all soil disturbing activities at the site have been completed, and a vegetative cover has been established with a density of at least 70 percent of the pre -disturbance levels, or equivalent permanent, physical erosion reduction methods have been employed. Final stabilization using vegetation shall be accomplished using seeding mixtures or fortis, grasses, and shrubs, which are adapted to the conditions of the site. Establishment of a vegetative cover capable of providing erosion control equivalent to pre-existing conditions at the site will be considered final stabilization. 7. "Larger common plan of development or sale" means .a contiguous area where multiple separate and distinct construction activities 'are planned to occur at different times on different schedules under one plan. These separate and distinct construction activities which form a larger common plan of development or sale may have areas of disturbance which are not physically connected. "Operator" for the purpose of permitting "storrn water discharge associated with construction activity" means any "owner or operator" as defined in ARM 17.30.1304 associated with a construction project, who is a person designated as an eligible signatory pursuant to Part V.G. of this General Permit, and who meets either of the following two criteria: a. The Party has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or b. The party has day-to-day operational control offhose activities at a project -which are necessary to ensure compliance with a Stonn Water Pollution Prevention Plan for the site or other General Permit conditions (e.g., is authorized to direct ,workers at a site to carry out activities required by the SWPPP or comply with other permit conditions). If multiple operators are identified on the Notice of Intent form, a particular operator may be an "operator" for a particular segment or phase of the construction activity andfor "storm -water discharge associated with construction activity" An example is if contracted help is used for earthwork, but not through to final stabilization of the site. An "operator" is not a person(s) at the construction project site employed by . the designated eligible signatorypursuant to Part V.G. of this General Permit (such as construction equipment users). TART V Page 27 of28 PERMIT NO. MTRl 00000 An "operator" shall be considered to have operational control over all their subcontractors. 9. "Point source" means any discernible, confined, or discrete conveyance, . including but not limited to any pipe,'. ipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft, from which pollutants are or may be discharged.. This term does not include return, flows from irrigated agriculture or agricultural storm water runoff. 10. "Receiving surface waters" is the river, stream., lake, etc., which receives the discharge from the site. 11. "RegionaI administrator" means the administrator of Region VIII of the Environmental Protection Agency, which has jurisdiction over federal water pollution control activities in the state of Montana. 12. "Runoff coefficient" means the fraction of total rainfall that will appear at the conveyance as runoff. 13. "Significant sediment" means mud, dirt, sediment, or similar material exceeding 1.0 cubic foot in volume which is deposited in any area of 100 square feet or less on public or private streets. or property adjacent to the construction site. "Deposited." includes direct deposit, dropping, discharge, or placement as a result of erosion. 14. "Storm water" means storm water runoff; snow melt runoff, and surface runoff and drainage. 15. "Storm water discharge associated with construction activity" means a discharge from construction activity due to disturbance from clearing, grading and excavation, - except operations that result in the disturbance of less than 1 acre of total land area. Construction activity also includes the disturbance of less than 1 acre of total land area that is a part of a larger common plan of development or sale if the larger common plan will ultimately disturb 1 acre or more. Irregardless of the acreage of disturbance for a construction activity, this.defrnition includes any other construction activity designated by the Department based on the potential for contribution to a violation of a water quality standard or for significant contribution of pollutants to surface waters. For storm water discharge associated with a construction activity which has disturbance less than 5 acres, the acreage of disturbance does not include routine maintenance that - is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the facility. PART Y Page 28 of 28 PERMIT NO, MTR1000oo 1 b. - "SWPPP".or "Storm Water Pollution Prevention Plan" means a document developed to help identify sources of pollution potentially affecting the quality of storm water discharges associated with a facility or activity and to ensure implementation of measures to rninixnize and control pollutants in storm water discharges associated with a facility or activity. The Department determines specific requirements and information to be included in a SWPPP based on the type and characteristics of a facility or an activity and on the respective MPDES permit requirements. 17. "Surface waters" paeans any waters on the earth's surface including, but not limited to, streams, lakes, ponds, and reservoirs and irrigation and drainage systems discharging directly into a stream, lake, pond, reservoir or other surface water. Water bodies used solely for treating, transporting, or unpounding pollutants shall not be considered surface water. M*CIPAL FACILITIES EXCLUSION CHMLIST (formerly called master plan exclusion) Enclosed please find the information required under § 764-127 MCA and ARM 17.36.602 regarding a municipal facilities exclusion for this subdivision within a growth policy area or first-class or second- class municipality (formerly referred to as master plan exclusions). Use of this checklist is only appropriate when the municipality is providing the water and sewer main service and when the municipality's engineering staff is reviewing the plans and specifications prior to approval: 1. Name of Subdivision: Lone Pine Estates Subdivision Name and address of the applicant: LONE PINE DEVELOPMENT LLC 144 EAST SECOND STREET WHITEFISH, MT 59937 TEL. 406-862-8561 2. Name and address of engineer: Schwarz Architecture & Engineering Inc. 100 Financial Drive, Suite #120 Kalispell, MT 59901 3. Copy of the preliminary or final plat: Attached X, Number of parcels in the subdivision: 81. 4. A copy of any applicable zoning ordinances in effect: Yes 5. How construction of the sewage disposal and water supply systems or extensions will be financed (method of financing): Owner 6. Certification that the subdivision is within a jurisdictional area that has adopted a growth policy or within a first-class or second-class municipality: 7. Copy of Growth Policy: On file Yes Attached: 8. Location of the subdivision to the city or town, vicinity map attached: Yes X No 9. Will the owner of the municipal facilities own, operate and maintain the water supply, sewage disposal, solid waste, and storm water facilities? Yes X No 10. Will all water and sewer mains or extensions as defined in §76-4-102, MCA, be under the control and maintenance of the certifying municipality? Yes X No 11. Will an extension of the existing sewer main(s) be necessary to serve this subdivision? Yes X No 12. Will an extension of the existing water main(s) be necessary to serve this subdivision? Yes X No 13. Exclusion Checklist review fee, $75, included: Yes X No 14. I certify that adequate municipal facilities for the supply of water and disposal of sewage and solid waste are available or will be provided within one (1) year after notice of certification is issued, and, I certify t governing body has reviewed and approved plans to ensure adequate storm water drainage + Namet�iit.' #`i�C �� Titled i !�7 t .s �' �-�i ev� Dept &I C. "C,(t 10 Q Send with the $75 review fee to: City P Z- L— MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY SUBDIVISION REVIEW SECTIONIWATER PROTECTION BUREAU PERMITTING AND COMPLIANCE DIVISION PO BOX 200901 HELENA MT 59620 OAS.] of Kalisplell Parks and Recreation August 16, 2006 35 1 8c Ave E — P.O. Box 1997 — Kalispell, MT 59903 — PH 758-7717 — Fax 758-7719 — E-Mail jyoun€g@ Kalispell.com Johna Morrison 100 Financial Dr. Suite 120 Kalispell, MT 59901 Re: Lone Pine Trails Dear Johna Morrison, This letter is to serve as approval on the landscaping plans submitted for Lone Pine Trails. The developer has deposited a check in the amount of $49,650 with the City of Kalispell to cover the cost of planting 124 boulevard trees, boulevard preparation, boulevard.seeding and topsoil within Lone Pine Trails. The City Parks and Recreation Department. will be replacing Green Ash with another tree selection that was selected on your boulevard tree list. It is understood that any and all landscaping and amenities are required to meet the city standards. We will work with you at a later date (when the majority of home construction is finished and people are living in the subdivision) in regards to specifics on boulevard tree planting locations. It has been enjoyable working with you, if you have any concerns or questions please give me a call. Sincerely, Jennifer Young, 46 Kalispell Parks and Recreation cc: Tem..Jentz, Kalispell Planning Deb Deist, Finance Mark. Crowley, Construction. Manager G�11y of Kal%p','1 Parks and Recreation August 25, 2005 35 1 r" Ave E — P.O. Box 1997 — Kalispell, MT 59903 — PH 758-7717 — Fax 758-7719 -- E-Mail jyoung c@ Kalispell.co Johna Morrison 100 Financial Dr. Suite 120 Kalispell, MT 59901 Re: Lone Pine Trails Dear Johna Morrison, This letter is to serve as approval on the landscaping plans submitted for the Lone Pine Trails Subdivision The Parks and Recreation department approves the buffers on the northern part of the property and the southwest part of the property. As mentioned make sure the buffer areas have irrigation systems in place. The department approves the Parks and all the amenities. Again, as mentioned in the phone conversation the park areas will need irrigation and the trail system needs to consist of a hard surface approved by the Parks and Recreation Department. Final approval will be given upon completion, inspection and approval of the landscaping, at which time bonding and/or letter of credit would be released if it is in place. It should be noted that the landscaping and amenities are under a warranty period and the developer will be responsible fro replacement if necessary. If has been enjoyable working with you, if you have any concerns or questions please give me a call. Sincer ly, r- f Jennifer Young;: Kalispell Parks and Recreation cc. Tom Jentz, Kalispell Planning Deb Deist; Finance Mark Crowley, Construction Manager FLATHEAD STATION 248 FIRST AVENUE WEST KALISPELL MT 59901 July 26, 2006 Planning Board: Lonepine Estates To Whom It May Concern: The above referenced project has been reviewed. A suitable location for mail delivery has been established. Centralized boxes have been installed with a turnout 10 feet wide and 20 feet long for the carrier to service and leave these boxes. A turnaround with a radius of 50-60 feet will also be provided for the safe return of our carrier to their line of travel The developer will be responsible for purchasing the CBUs. The Developer or homeowners individually or collectively will be responsible to keep the roadway and area to the boxes clear of ice and snow. If you have any questions please feel free to call me at (406) 755-0187. Sincerely yours: Elden Marvel Manager Customer Services (406)-75"187 FAW. (405}755-0878 Randt, Brodehi - Fire Chief Brent :la. Christopherson - Assistant Chief/Prevention Dan Diehl -- Assistant Chief/Operations TO: SEAN CONRAD, SENIOR PLANNER 312 First Avenue East Kalispell., Montana 59901 (406)758-7760 FAX: (406) 758-7952 FROM: BRENT L. CHRISTOPHERSON, ASSISTANT CHIEF/PREVENTION DATE: JULY 13, 2006 SUBJECT: LONE PINE MEADOWS SUBDIVISION — FINAL PLAT APPROVAL We have the following comments on the above project: 1. Fire hydrant locations are approved by this department. Fire flows will need to be checked/verified by this department prior to any combustible construction taking place. The developer needs to notify our office so that we can set up an appointment to check the above area hydrants. 2. Provide all-weather driving surfaces and street signs prior to issuance of permits for combustible construction. The all-weather driving surface requirement also includes: the private or access roads. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet, except for approved security gates, and an unobstructed vertical clearance of not less than 13 feet 6 inches. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather driving capabilities. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. Fire apparatus access roads 20 to 26 feet wide shall be posted on both sides as a fire lane. Fire apparatus access roads more than 26 feet wide to 32 feet wide shall be posted on one side of the road as a fire lane. 3. Private or access roads must also be assigned a street name. Please contact Fred` Zavodny in Kalispell Public works for assistance if needed at 758-7725. Please contact me if you have any questions. I can be reached at 758-7763. c.c. Johna Morrison, Schwarz Engineering and Architecture "Assisting our community in reducing, preventing, and mitigating emergencies. " CONSENT TO PLATTING Pursuant to Section 76-3-612, MCA, the undersigned, FIRST INTERSTATE BANK, Beneficiary as recorded September 6, 2005 as Instrument No. 200524911240,and modification recorded April 11, 2006 with instrument No. 200610116030 Flathead County, Montana, hereby consent to platting and dedication of land included in the plat of LONE PINE TRAILS. IN WITNESS THEREOF, said parties have caused their names to be subscribed thereto, on this �; 4- day of, 2006. FIRST INT-FRSTATE BANK STATE OF MONTANA) ss. County of Flathead) This instrum t was acknowledged before me on, V , 2006 By C-20,A , of First Interstate Bank. _ \ f �! ( � d v e lf Printed name name / Notary Public for the State of /�01,1 �' yff, at Residing My Commission expires .:::y2z _ ! 3fk'lil:{il{! +' �............j`'Or, NOTARY njaw—mo,,j TAN-, OTA3L' *SEAResiding at Ka&soj, Cforw �Ila..s's�g� My Corm.. Expim �- ` Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions & Condominiums Only BY: 1VIARQUARDT FOR: LONE PINE DEV DATE: 5/17/2006 DESCP: LONE PINE ESTATES PURPOSE: PLAT (TR 3FEA, 3FEB, 3FEC, 3FED, 3FEE, 3HAA, 3FEF, 3&F4 HE IN 13-28-21) _. A I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. r AUG 0 3 2006 Deputy Treasurer (seal) Subdivision Plat of LONE PINE TRAILS 5W 1/4 of the 5E 1/4. Secb. 13, T28N R21W, P.M., M. Flathead County, Montana v Z "I EWR LONE PINE TRAILS DESIGN GUIDELINES CONDITIONS, COVENANTS AND RESTRICTIONS DECLARATION OF DESIGN GUIDELINES, CONDITIONS, COVENANTS AND RESTRICTIONS LONE PINE TRAILS Lone Pine Trails 812912006 Design Guidelines, Conditions, Covenants and Restrictions THIS DECLARATION, made this day of , 2005, by the undersigned, LONE PINE DEVELOPMENT LLC,144 EAST SECOND STREET,WHITEFISH, MT 59937, hereinafter referred to as "Declarant". WHEREAS, the undersigned is the owner of certain real property known as LONE PINE TRAILS, according to the recorded plat thereof on file and of record in the Office of the Clerk and Recorder of Flathead County, Montana, and whereas the undersigned is desirous of subjecting the real property to the conditions, covenants and restrictions hereinafter set forth, each and all of which is and are for the benefit of said property and for each owner thereof, and shall inure to the benefit of and pass with said property and each and every parcel thereof, and shall apply to and bind the successors in interest and any owners thereof; NOW, THEREFORE, LONE PINE DEVELOPMENT LLC, being the owner of all the real property known as LONE PINE TRAILS, according to the plat thereof on file and of record in the Office of the Clerk and Recorder of Flathead County, Montana, hereby declares that the said real property is, and shall be held, transferred, sold and conveyed, subject to the design guidelines, conditions, covenants, and restrictions hereinafter set forth. The design guidelines, conditions, covenants and restrictions, hereinafter set forth are designed to provide a uniform plan for the development of the whole of said subdivision. All persons or corporations who now or shall hereafter acquire any interest in and to the above described property shall be taken and held to agree and covenant with the owner of the lots in said subdivision and with their heirs, successors and assigns, to conform to and observe the following conditions, covenants and restrictions as to the use thereof and as to the construction of dwellings and improvements thereon. i .0 Vision LONE PINE TRAILS is located in a residential area approximately 1 /2 mile southwest of the intersection of Foys Lake Road and 7th Avenue West in Kalispell, Montana. LONE PINE TRAILS consists of single family residences & townhouses with each residence situated on its own deedable lot. All lots shall own their proportionate share of the common open space, which will be 1 /81 share. LONE PINE TRAILS is close to area schools and businesses, while at the same time providing a sense of privacy and neighborhood. Residents have backyard access to Lone Pine State Park's biking and hiking trails and are minutes away from Foyes Lake. LONE PINE TRAILS is a town and country community, offering the best of both lifestyles. The schools in this neighborhood are well respected for academia and the facilities are in the process of expanding. The Kalispell area is Lone fine Trails 812912006 'Design Guidelines, Conditions, Covenants and Restrictions rapidly developing, both residentially and commercially, with numerous businesses establishing new stores. Lot purchasers must hold the lot for a minimum of twelve ( 12) months before resale, unless the purchaser builds on the lot and offers both the building and lot for sale. 2.0 Overview Design Guidelines are standards which, when followed, contribute to the highest quality of design. The quality of design is to be measured by the sense of fit within each building site and the community. Buildings are to relate to the land, step with the natural grades and harmonize with the character of the surrounding landscape. Applied with reasonable artistic license, attention to detail in design and construction will create atmosphere and protect the integrity and value of each investment. Each Owner is responsible for complying with and meeting the spirit and intent of the criteria of the Design Guidelines, Conditions, Covenants, and Restrictions. These include, in particular, your lots Building Envelope, the sitelbuilding design elements and the construction procedures. Written approval by the Design Review Board (DRB) is required before any construction is started. 3.0 LONE PINE TRAILS Home Owners Association The Declarant shall create an organization consisting of all lot owners to be called the LONE PINE TRAILS Home Owners Association (LPTHOA). The LONE PINE TRAILS Home Owners Association shall be formed at a time to be designated by the Declarant, but no later than when 75% of the lots have occupied structures, and shall consist of the owners of each lot of LONE PINE TRAILS. The owner or owners of each lot shall be entitled to a single vote in the Association. The LPTHOA shall be responsible for the care and maintenance of the common properties and each homeowner's use of the common properties will be governed by such rules as adopted by the Association. For the purposes of maintaining and caring for these common properties, the Board of Directors may make reasonable annual assessments to the owners of lots and such assessment may be collected in a suit subject to the provisions stated below for enforcement of covenants and may become a lien upon the land by a filing by the Board of Directors of a lien which shall describe the lot, state the amount of the assessment that has not been paid, and when it was assessed. A lot owner whose lot is subject to such a lien must pay the assessment, costs for preparation of the lien and the lien release, and all recording costs before the lien is released. Gone Pine .Trails 812912006 rDesign Guidelines, Conditions, Covenants and Restrictions This lien may also be foreclosed in the manner of foreclosure for mortgages with the prevailing party entitled to attorney fees. Common properties as used herein shall include designated parkland. Lot owners are encouraged to remain active members of this Association. Each lot owner is a member of the Association by virtue of his acquisition of the lot and their portion of the open space ownership. Townhome lot owners are responsible for the care, maintenance and snow removal of their own shared driveways through shared maintenance agreements in the sales development agreement, on each shared driveway. No monies will be assessed through the homeowners association for their care and maintenance, unless a sum is agreed upon and paid by only those town homes that use shared driveways. 4.0 Design Review Board The Design Review Board (DRB) shall consist of the Declarant, a technical representative, and a lot owner within LONE PINE TRAILS. The Declarant shall serve as the president of the Board, and the lot owner shall serve as an at -large member of the Board. All three members shall have equal voice and voting on any action by the Board. The technical advisor shall only be consulted when requested by the president. The Declarant may serve as a member of the DRB until 75% of the lots have occupied structures. At any time prior, the Declarant may withdraw from the DRB by written request to the Homeowners Association. If this occurs, or after 75% of the lots have occupied structures, the president of the Homeowners Association shall appoint a lot owner within LONE PINE TRAILS to serve as the president of the DRB. Successors to the DRB shall sere 2-year terms and shall be replaced by appointment by the president of the Homeowners Association. The technical representative shall be a representative of Schwarz Architecture & Engineering, Inc, until 75% of the lots have occupied structures. The representative may withdraw from membership by written request to the president of the DRB at any time. If the representative of Schwarz Architecture & Engineering, Inc. withdraws from the DRB, or the president of the DRB chooses to replace the technical representative, the president shall appoint a technical representative. The technical representative shall be an engineer or architect licensed to practice in the state of Montana. The technical representative is not required to own property in LONE PINE TRAILS. The technical representative shall be compensated at normal billing rates for all activities performed while serving as a member of the DRB. The president and at -large member of the DRB may review projects without input from the technical representative if they agree on the decision forwarded by the DRB. Lone Pine Trails 812912006 "Design Guidelines, Conditions, Covenants and Restrictions The lot owners, LPTHOA, and DRB shall defend, indemnify and hold the members of the DRB, their employees, and agents harmless from and against any and all claims, demands, causes of action, losses, damages, and settlements, which may be asserted against the members of the DRB arising from or attributable to or caused directly or indirectly by the lot owners, LPTHOA, DRB members and officials, employees or agents; or any negligent or intentional act, omission or misrepresentation by the lot owners, LPTHOA, DRB members and officials, employees or agents. If it is necessary for purposes of resisting, adjusting, compromising, settling, or defending any claim, demand, cause of action, loss damage, or liability, or of enforcing this provision, for members of the DRB to incur or to pay any expense or cost, including attorney fees or court costs, the lot owners, LPTHOA, and DRB agree to and shall reimburse the DRB members within a reasonable time. Lot owners, LPTHOA, and DRB agree to and shall give members of the LPTHOA notice of any claim, demand, cause of action, loss damage or liability within ten (10) calendar days. 5.0 The Process The Design Review Board has been established to ensure that development in LONE PINE TRAILS conforms to the Design Guidelines. The DRB`s objective is to encourage good stewardship of the land and sensitive architectural expression that reflect high quality and attention to detail. The DRB is responsible for reviewing and approving all development within LONE PINE TRAILS; from concept to completion. This includes, but is not limited to: All new building & site development. • Any proposed revisions to previously approved plans, prior to or during construction. • Any renovation, expansion or refinishing of the exterior of a new structure. • Any proposed revisions to building envelopes. The DRB process has been designed to encourage dialogue with owners and their design team early in the evolution of their plans. The process is intended to be constructive, not adversarial or unnecessarily restrictive. As owner, you shall ensure your development team complies with the following general requirements and Design Review Process; thus assuring LONE PINE TRAILS of your commitment to respecting the community within which you are building, • Design, by a qualified architect or residential designer, with engineering input (geotechnical, structural, mechanical, civil...) and landscape architecture as required, is to respect the design framework. The use of residential designer shall be subject to approval by the DRB. Lone Pine Trails 812912006 "Design Guidelines, Conditions, Covenants and Restrictions A design coordination/review process has been established to enable the Owner/Builder to work with, and understand the intent of the Design Guidelines. This process includes: Pre -Design Meeting (optional); • Conceptual Development Plan Submission/Review; Concept Endorsement/DRB Approval (letter); • Detail Design Final Submission/Review; Endorsement/DRB Approval (letter) for Building Permit Application; • Final Inspection - Final Acceptance Certificate (FAC) This process is outlined in more detail as follows: 5.1.0 Design Coordination/Review Process 5.1.1 Preliminary Consultation (as required to confirm the process and tentative schedule) 5.1.2 Submit the Design Review Application Form to initiate the design review process: This includes submission of a (non-refundable) Plan & Check/Application Fee of $250.00 and a Builder's Deposit of $1000.00. The Builder's Deposit will be held until a Final Acceptance Certificate is issued. In the event that the Builder or any one of his agents should violate the Declaration or the Design guidelines and it becomes necessary for the DRB to remedy the violation, the cost of the remedy may be charged directly to the owner/builder. Upon issuance of the FAC, the Builder's Deposit (minus above costs, if any) will be refunded. The amount of the Plan check fee/Application Fee and/or the Builder's Deposit is subject to change at the discretion of the DRB. 5.1.3 Prepare a site survey, based upon conceptual information provided by LONE PINE TRAILS, including a lot location/building envelope (BE) plan (in relation to the subdivision plan) and a grade slip. Particular site -specific development issues for your consideration will be clearly mapped on this BE plan. These may include, but are not limited to: the designated natural area(s), suggested access locations(s), existing contours, natural features, significant trees, irrigation limits as well as existing and proposed deep and shallow utilities. The accurate site survey data, prepared by a land surveyor, registered in the State of Montana; will confirm existing site and legal conditions and is to be used as the base plan for conceptual and detail design. It can be directly applied to a subsequent survey Plot Plan (PP) and the Real Property Report (RPR). Lone Pine Trails 812912006 Design Guidelines, Conditions, Covenants and Restrictions 5.1.4 A familiarization Pre -Design Meeting is suggested on site to review the site factors mapped relative to the actual site conditions. For this meeting, it is suggested that you prepare preliminary development Concept Sketches. This will enable the review of initial ideas relative to the actual site conditions. Review at this stage of the design process typically confirms that the proposed development will comply with the particular site criteria and helps direct the final concept and detail design efforts. 5.2 Conceptual Development flan Review is required to confirm the design incorporates all site requirements relative to the lot location/building envelope plan. It will assist to clarify the intent & application of the Design Guidelines, review/approval process, development procedures and scheduling. The Owner/Architect is suggested to provide preliminary lot development concepts relative to: • The overall Subdivision Plan • Grade/drainage patterns • Existing vegetation (tree, shrub & ground cover) • Aspect/orientation - wind exposure; viewing opportunities • Unique features - opportunities or constraints The DRB will provide a letter of endorsement to proceed. 5.3 Final Design - Submit 3 Sets of Construction Drawings & Support Documentation, including but not limited to: • Plot Plan (Survey) (1 „=20'-0"); • Site Plan (1/8"=1'-0"); • hoof Plan and Floor Plans (no less than 1 /8"=1 `-0"); • Exterior Elevations (4 Min. @ no less than 1 /8"=V-0"); • Sections (@ no less than 1 /8"=1 '-0") through site & building from side PL to side PL and from rear PL to front road CL (2 Min.); • Landscape Plan (@ no less than 1/8"=V-0") including natural preservation/protection areas, site grading/contours; retaining wall locations(s), material(s) and section(s); proposed planting and landscape restoration plan and material index; surface treatment; site furnishings and landscape structures; & and Irrigation Plan to suit the site; • Drainage/Storm water Management Plan (may be illustrated on the Landscape Plan): with interim erosion control measures, proposed flow patterns and run-off control details; • Construction Limits Plan: defining a temporary construction fence location with consideration for construction access, stockpile areas, portable toilet, garbage bin and landscape restoration access; • Exterior Lighting and Signage Plan: includes fixture schedule with catalogue clips for site and building exterior lighting fixtures and street identification; Larne Pine Trails 812912006 Design Guidelines, Conditions, Covenants and Restrictions • Color board (8.5" x 1 1 "): proposed exterior colors as applied to proposed materials for all exterior finishes; • Construction schedule; • Notarized copy of special easements including legal description, for example: common driveway (as required), public R/W and/or public open space amenity. 5.3.1 Site Review of pre -staked development location, proposed construction and possible stockpile areas, existing and proposed landscape; discussion of issues/concerns. 5.3.2 Design Approval (DRB in writing) for Building Permit Application (City of Kalispell) with DRB approved drawings. 5.3.3 Start-up Site Meeting & Construction Inspection (schedule at least a minimum of 2 inspections). 5.3.4 Construction Completion of the building, all site work and open space amenities as defined in the development agreement, by a qualified builder, is required typically within 12 months of commencement, unless otherwise negotiated. Completion in these guidelines means the completion of interior as approved for occupancy (by the City of Kalispell) and the complete exterior of the development including all hard and soft landscaped areas. There will be a final inspection held at the request of the builder. It will identity any deficiencies relative to the DRB approval and initiate a construction completion certificate (CCC); and if applicable, a warranty period for common or public areas (typically a one year warranty). 5.3.5 A final Acceptance Certificate (FAC) will be issued following a final inspection clearly indicating all work and deficiencies are completed in accordance with the approved plans, specifications, Development Agreement commitments, and warranty issues. A Real Report with Permission to Occupy or Development Completion Certificate (DCC) inspection by the City of Kalispell will be requested to confirm compliance. 5.3.6 Refund of Deposit (less costs). l one.Pine Trails 812912006 'Design Guidelines, Conditions.. Covenants and Restrictions 6.0 Site Planning Guidelines In general, site planning of your residential lot will be largely influenced by a focus on the preservation of any existing tree growth and the topography of your lot. Your lot will have a defined Building Envelope shown on the Lot Location/Building Envelope Plan provided by LONE PINE TRAILS (LPT). 6.1 Lot Location/Building Envelope Plan & Grade Slip: BE will provide a Lot Location/Building Envelope Plan at 1"=20'-0" illustrating: the lot property lines, legal corner notes, adjacent lots, road right-of-way, and suggested driveway location. Existing specimen trees and groupings will be generally identified. Although this Lot Location Plan provided by LPE is based upon some on -site survey, it is not warranted as to its absolute accuracy. It is the Owner's responsibility to ensure that their plan tits amongst specimen trees and significant natural features. A Grade Slip is provided for establishing an appropriate building location relative to: existing corner grades, existing utility drops, suggested front grade and top of footing grades. Your site design will confirm driveway location, servicing tee connections, power boxes and street light standards. 6.2 The Building Envelope (BE) is the only portion of each lot within which all improvements and construction activities of any kind can occur. Your BE has been identified for your lot based on the natural features of the lot, its views, topography, setback requirements as specifically defined on your Lot Location Plan. It considers the relationship to adjacent building envelopes and the elements of the Open Space Plan. The building design and construction shall recognize that the Building Envelope is defined as the maximum limit of disturbance. 6.3 Building Limits or the exterior walls of the building and foundation are to be designed to meet all setbacks established for the applicable zoning. 6.4 Lot Grading and Drainage are responsibilities of the Owner/Builder. Lot Grading is to generally follow the natural slope of the land. Slope adaptive development design, with a minimal grading requirement is a part of quality design. Specific storm water management requirements may be defined for your lot, as outlined on your Lot Location/Building Envelope Plan or Grade Slip. These are to be accounted for in your grading design and may require storm water to be maintained on your site. All grading is to be limited to within your designated Building Envelope, Lone Pine Trails &2912006 'Design Guidelines, Conditions, Covenants and Restrictions Typically, natural drainage patterns and flow should not be obstructed. Your development and other improvements should be sited to avoid drainage courses. This includes channeling or concentrating overland flows. If there is no realistic alternative, DRB approval may be requested to enable natural appearing swales with a minimum slope of 2% that disperse runoff in a natural fashion. Surface runoff during, or as a result of construction, will require special precautions for flow and erosion control, such as straw bales and/or securely anchored filter cloth curtains. These must be removed as construction is completed and landscape development occurs. Drainage leaving the site before, during and after the construction should be free of suspended solids and appear to be natural. 6.5 Driveways/access roads may be considered individually or in common with a suitable adjacent lot and owner. As defined in your Sales/Development Agreement, you may be required to provide a Shared Access Agreement if undertaking to incorporate a common driveway or amenity. Lots with less than 50 feet of frontage shall share a driveway approach with an adjacent lot. The location must consider safe road design, in particular relative to intersections, vehicle stacking and natural landscape impact on safe driver site lines. Driveway approaches shall have an approach width not to exceed 22 feet, except shared approaches may be a maximum width of 28 feet. Driveway widths must be 20 feet, except shared driveways may be a maximum width of 26 feet. Approaches that enter the adjacent street on a curve possessing a street centerline radius of less than 200 feet shall not be closer than 50 feet to the next adjacent approach. The Owner is responsible to maintain the natural lot and road right-of-way drainage. Culvert installation, with appropriate end treatment or provision of a suitable swale in the driveway surface along the boulevard, may be required as part of you access development. Driveways are to be surfaced with texture to complement the development. Concrete paving stone with subtle color or crushed stone screenings are permitted surface treatments. If constructed with concrete, driveways shall be adequately reinforced concrete. 6.6 Pathways also are to be surfaced with texture to complement the development. 6.7 Site Services, Utility Boxes and Building Mechanical Equipment requirements and locations are to be planned from the initial conceptual design. Lone Pine Trails 812912006 'Design Guidelines, Conditions, Covenants and Restrictions 6.8 Corner Lots require a high degree of site understanding and detail to be considered during the planning and design. Typically at LONE PINE TRAILS, all sides of residence require design detailing to meet the guidelines, however with corner lots, DRB considers each frontage as a front yard application; front yard guidelines relative to articulation and setback apply to each street front. 7.0 Building Design Guidelines The building design guidelines are to assist you in realizing an architecture that belongs in LONE PINE TRAILS. The general intent is to achieve a successful design integration of building into the landscape. This may be accomplished through sensitive massing, form, scale, design modules, fenestration, selection of materials and colors. There will be a focus on strong roof form, wall, base and all elevation images. These design principles will apply to all structures. Good design is also being a good neighbor in the planning and architecture of your development. The building form and mass is to respond and conform to the existing grade and site conditions. Architectural elements applied to the building may be extended to structures in the landscape (balcony roofs, screen panels, lighting, furnishings, etc.). Effective energy and resource conservation is an important design consideration. 7.1 Building Sire: Each dwelling unit shall contain not less than 1,400 square feet of total living space for a one story home; exclusive of attached garage, basement and open porches. A two-story unit shall contain no less than 1,200 square feet on its main floor, exclusive of garage. Each single family unit shall include an attached garage with a minimum dimension of 24' wide x 26' deep. Each Townhome unit shall contain not less than 1,000 square feet for a one-story Townhome, exclusive of garage. Not less than 800 square feet on main level for a two-story Townhome, exclusive of garage. Each Townhome shall include an attached garage with a minimum depth of 24' . 7.2 Building foundation This area has a tendency for high groundwater. It is strongly recommended that all dwelling units be placed on an at grade monolithic slab. If the homeowner chooses to have a crawl space, a sump pump shall be placed in the crawl space and foundation drains shall be placed under the building footings. See illustrations below. Lone Pine Trails 812912006 'Design Guidelines, Conditions, Covenants and Restrictions Wlk- WK MAX PRO,, --- ---------- A... —0W ------ -,�w 4,..,. . ---------- A, mo.N nk 2 BARR; 5q. jY V AASOED RLCK WER F-w"41 AND W- kA.,Pf-E!) hrN V.-P.9 OF KA-� UV 43 V '. . . .................................... .. .......... W OF 02". M; N V55 WX7, 6-r-.0 WALL %LPE FIN V-4-0-F [It "awm R A9W- FROM MtR WIMICRUH X... X 77 OF ED RCCK WcAPvf wT F.1 R VIE FABRIC. t:sgµ}giy PUMP SYSTEMI —XV . .... . ...... . .. .... ... 17. . . . ... . "tA SILAS - ON-GRAII)FE, =I 4 at; Lone Pine.Trails 812912006 "Design Guidelines, Conditions, Covenants and.Restrictions 7.3 Building Wall Articulation will provide proportionate variations in the plan and elevation of your building. It will provide horizontal and vertical breaks in the wall planes, including balconies and establish a rhythm of openings between solids and voids in the fapade through design and proportion. Front and Rear Elevations are to be articulated with material and relief. Building walls in plan exceeding 26 feet in length should have an offset of at least 2 feet prior to continuing. Variations in setbacks, in both plan and elevation, may be required. 7.4 Building Heights should take advantage of the view opportunities, while at the same time be sensitive to adjacent development, the land slope and tree growth. Maximum building heights are measured in accordance with applicable zoning. 7.5 Roof Shape & Character is important to avoid vertical monotony. The use of porch or balcony roofs and dormers of all sizes contributes to the human scale. This is encouraged to provide a texture and an apparent reduction of the built mass. All roofs shall be of a material, texture and color approved by the DRB and must be of a minimum 5/12 pitch with minimum 24" overhangs. Dormers and other roof projections may be permitted at a lower roof pitch as long as overall appearance of the structure is not compromised in the opinion of the DRB. The overall appearance of the residence will be an important consideration. Overhead screens, shade covers, patio roofs and other similar structures shall be constructed of materials and colors to match the main roof. All vents and other roof penetrations and projections shall be colored to match the finished roof material color. No mechanical equipment of any kind will be permitted on roofs. Roof ridgelines shall be an important consideration during the design review process. Pitched roof lines may not exceed more than 40 feet in any direction without a horizontal and vertical break of at least 2', or a vertical change of direction. The overall roof structure must be compatible with the overall character of the neighborhood and the neighboring structures. Roof fascia shall be of an 8" minimum width. 7.6 Screen walls enclosing or screening patios and courtyards must be within the Building Envelope. Their design shall be treated as an extension of the building architecture, constructed of materials and finishes that match or complement the main building. Consider discontinuous in appearance, Lone Pine Trails 812912006 'Design Guidelines, Conditions, Covenants and Restrictions not over 13 feet in a single line or panel and 5 feet maximum in height. Partial roof, trellis, and/or arbor features may be considered. 7.7 Finishing for the various building faces, walls and roofs must adhere to the following notes: A. Non -reflective materials are to be used, including non -reflective glazing. B. Color selections are intended to enable the LONE PINE TRAILS community, when viewed from the adjacent lands, to merge within its natural setting, In order to achieve this objective, colors are to be in earth related tones, ranging from weathered driftwood (a very light gray) through to mocha brown, (a rich earthy brown). The use of blue, forest green and related tones may be allowed in certain shades. C. Materials for roofs may be sculpted architectural asphalt, flat concrete or fiber -cement tile, slate or other cut stone only. D. All exterior building materials must be approved by the DRB. The acceptable siding, fascia, soffit and exterior trim materials shall be wood (i.e. cedar), engineered wood products (i.e. LP siding or masonite), or concrete fiber lap siding (i.e. hard plank). Colored stucco may be incorporated for small areas as an accent. Stucco colors need to be deeply toned rich warm grays, greens or browns. Light or soft reflective tones are not acceptable. E. Masonry - the use of masonry veneer is encouraged. Stone masonry, being reflective of the surrounding natural environment is preferred over brick masonry. The following criteria shall apply to masonry use: 1. Faux or natural stone must conform to the natural shades of the area. 2. Blending of faux tones and colors is encouraged to capture the variation found in natural stone. 3. Brick must be in muted shades with mottled faces. No combed or raked surfaces are allowed. 4. Concrete block colors must be in muted shades. Lone Pine .Trails 812912006 'Design Guidelines, Conditions, Covenants and Restrictions 5. Masonry elements must be integral to the architecture and not merely an applied feature. fi. Masonry shall wrap masses in the entirety. 7. Applied cut stone tiles are acceptable. 8. Stone grout thickness shall be understated in proportion to stone thickness, or not visible, as in the case of ledge stone applications. Large mortarjoints or "weeping mortar" are not allowed. F. Garage doors must be integrated with the design of the residence in material, massing and color. 7.8 Exterior lighting is to be limited to the Building Envelope and the public open space areas. Use low intensity non -glare fixtures to provide adequate illumination for safety and aesthetic enhancement. Uncovered light fixtures or non -focused, non -downward lighting fixtures are not permitted. 7.9 Building Accessories are those various attributes that are part of the atmosphere of each building. The following elements are often used and the following suggestions are directed at how they may be used in LONE PINE TRAILS. A. Antennae are restricted to interior attic applications only. B. Satellite dishes may be used if discretely located on the building, colored to match or blend with the relative exterior finish and a maximum 24" diameter. Screen with plantings from adjacent street, neighboring property and walkway views. Large ground mounted satellite dishes are prohibited. C. Address identification, applied to a landscape or integrated architectural element is mandatory and suggested near the road by the vehicle access driveway for delivery and emergency response purposes. D. Garbage must be contained near the side or rear of each residence in containers furnished by garbage disposal services. E. Recreational facilities such as hot tubs and swimming pools may be considered and are to be developed totally within the defined Building Envelope. Lone Fine Trails 812912006 'Design Guidelines, Conditions, Covenants and Restrictions Out Buildings such as sauna or maintenance shed are to be developed to coordinate with the architectural motif and finish of the building. They are to be located within the Building Envelope. Only one outbuilding is permitted on any lot and shall not exceed 120 square feet in area nor 12 feet in height. No outside storage is permitted including vehicles parked for periods in excess of thirty consecutive days. G. Mechanical Equipment such as air conditioning compressors, cooling towers or rooftop units shall not be visually exposed. Consideration should be given to alternatives, e.g. GSHP's that do not require exterior equipment placement or building wall penetration. 7.10 Compliance with other regulations: It remains the responsibility of the Owner/Builder to ensure that the construction of any buildings on the site conforms with State, Town or Municipal laws, regulations, by-laws or other enactment's, and any encumbrances affecting the title to the property, including, without limitation, utility rights -of -way, easements and restrictive covenants and all requirements outlined on the grade slip and Lot Location Plan. In addition to local regulations, the townhome lots must comply with the Planned Unit Development Approval for the development. This approval states that setbacks for the townhouses accessed via an interior street shall be measured from the edge of the roadway and shall be 20 feet in the front and rear and five feet on the sides with the exception of the zero lot line required to achieve the townhouse configuration. 8. Landscape Design Guidelines Residences should be designed to fit the existing topography of the property without excessive manipulation of the site by cut or fill. Changes in the natural grade by cutting or filling for structures, walks and driveways must be kept to a minimum to preserve the existing landform. General site and grading principles are as follows: A. Finish grade: The finish grade around the residence and any site walls should remains as close as possible to the original natural grade. B. Grading may be done outside the allowable site coverage area for the driveway access and site drainage. C. Screen walls, walls not supporting a building structure or retaining earth, may not exceed four (4) feet in height measured from finish grade along the exterior side of the Lone Pine Trails 812912006 Resign Guidelines, Conditions, Covenants and Restrictions enclosure, or six (6) feet if contained with the building envelope. D. Draining: During construction, and upon completion, all areas within the lot shall be graded to drain to the street in front of the lot. 8.1 Landscape and Irrigation: A rough landscaping plan for each lot shall be submitted to the DRB for approval prior to the commencement of landscaping. A landscape plan (no less than 1/8" = 1'0") should include site grading/contours, retaining wall locations(s) and material(s). Landscaping of the entire lot shall be complete within 90 days of the completion of construction. In the case where Builders have purchased lots for resale, then the builders shall be responsible to make sure that subsequent builders are made aware of the landscaping requirements. Builders may either provide the minimum required trees or provide an allowance to the subsequent purchaser. If the builder does not do either of the aforementioned, then the builder is required to get an acknowledgment from the purchaser acknowledging the purchaser's obligation for trees and landscaping. In the event that soil must be imported or exported from the property, the property owner will be responsible for this cost. Import soils scheduled for use as landscape topsoil may be subject to an agricultural soil analysis at the discretion of the DRB. The following building envelope landscape design criteria are provided to enhance the definition of each home site. The primary goal is to protect and maximize individual property values through the implementation of a generous landscape design. These criteria must be followed to successfully receive the approvals required by the DRB. Drainage of individual properties must work with the existing topography and be directed toward the natural open space or drainage Swale systems, developed in conjunction with the roadways. The Front yard/Streetscape zone is the area nearest to the neighborhood street and is normally at the front of the property. On corner lots this zone also extends down the side of the property parallel to the street. Tree planting is encouraged as part of your lot and development process. They should be planted in loose groupings and be of the indigenous plant material as noted in Appendix. Non-native ornamental trees are not permitted. Lone line Trails 812912006 'Design Guidelines, Conditions, Covenants and Restrictions Areas that feature introduced landscaping such as grass, trees, shrubs and /or ground cover must utilize an irrigation system for watering during dry months. Landscape areas that require irrigation should conform to the following: • Buried PVC sprinkler system or the utilization of drip irrigation systems are strongly encouraged but not required. • Sprinklers and nozzles selected to provide water to the landscape that are compatible with their respective soils, slopes, exposure, orientation and plant types. • No overthrowing of irrigation water onto public roadways, sidewalks, neighboring homes or trails is permitted. 8.2 Lawn Areas should be seeded or sodded with a mowable seed mixture. 8.3 Retaining Walls are to be designed and constructed so as to blend into the natural landscape. They may take on a more natural appearance through the use of native rock, timber and plant material, or perhaps reflect the architecture presented through the building by incorporating matching or complimentary material and detail. All such walls must be constructed to meet the following requirements: A. The exposed height of wall shall be typically a maximum of 3 feet. If additional height is required, a stepped construction is recommended. B. The configuration shall meander and blend with the natural contour. Wall ends shall insert and terminate into the landscape or abut into a building face. C. Slope stability and design details are to be approved by the DRB. 8.4 Fencing: Residential walls and fences in "normal" conditions shall be a maximum of four (4) feet high as measured from an adjacent grade. Walls between areas with an elevation difference of greater than two (2) feet will require case -by -case approval by the DRB. Closely spaced parallel walls will not be permitted. All spaces between walls shall be landscaped with the appropriate material as outlined in these Design Guidelines and maintain a minimum distance of 6'. All fence material must be of a natural wood material or natural wood looking material; no metal, chain link or vinyl fences are allowed. Prior to the construction of any fence or wall, plans indicating materials to be used and location shall be submitted to the DRB for approval. Lot lines Lone Fine Trails 812912006 Design Guidelines, Conditions, Covenants and Restrictions and Building Envelope shall be verified by the Builder (or Owner) prior to construction. Any fences or walls installed by the Developer will not be removed, altered or painted without the DRB prior written approval. 9 Site Guidelines The following guidelines shall be included in any construction and/or project plans for any lot located within LONE PINE TRAILS. These guidelines shall be strictly adhered to and shall be interpreted as the intent of these Design Guidelines, Conditions, Covenants, and Restrictions. 9.1 Purpose, Use and Activities A. No lot shall be used except for single-family residential purposes. B. No lot shall be further subdivided. C. No temporary building, house trailer, mobile home, basement or partly finished building or structure shall be erected or placed upon this property during construction. All construction shall be complete within one year from the date construction begins. All homes must be of a new construction. Factory built homes are not allowed within the subdivision. D. The parking or storage of campers, camping trailers, pick-up campers, trucks over one -ton, boats, snowmobiles, trailers or unlicensed vehicles must be completely screened from public view. E. No advertising, billboards or advertising structures of any kind shall be erected, used or maintained on the property. No items shall be displayed for sale on any portion of the property. F. At the time of home construction, lot owner shall construct a minimum two -car garage on the property unless a one -car garage is approved by the ❑RB. G. No manufacture, trade, household business, vehicle repair shop of any kind or commercial activity may be conducted on the premises. H. Fuel tanks above ground are not allowed. All utilities shall be underground. Cone Pine Trails 812912006 'Design Guidelines, Conditions, Covenants and .restrictions J. No machinery, equipment or fixtures of any type, including but not limited to, heating, cooling, air conditioning, refrigeration equipment and clotheslines may be placed on any lot without prior approval by the DR13. 9.2 Park Space (Recreational Area) A. The use for the Park Space, mailbox area, and entry sign area has been determined by the Declarant and may be changed from time to time by the Board of Directors of the Homeowners Association. B. The maintenance of the Park Space, mailbox area and entry sign area shall be provided at the expense of the LPTHOA. Any expenses incurred for such maintenance shall be included as dues or assessments as the Board of Directors shall determine. C. Any meal Estate Taxes imposed by any agency having jurisdiction upon the Park Space, or any other expenses deemed appropriate by the Board of Directors shall be paid by the LPTHOA. D. All land within the subdivision not platted in lots or public right -of way and not part of the Non -Motorized Trail System shall be managed in the following manner: 1. Such lands shall be enrolled in a conservation easement held by the city. 2. Developer shall provide a waiver of protest to create a Special Improvement District to provide maintenance for these areas. 3. Developer shall enter into a Maintenance Agreement with the city. Such agreement shall prescribe that the area and walk paths shall be maintained by the Homeowner's Association in consultation with the City Council or Council designee. 4. Such area shall be maintained using native species commonly found therein prior to issuance of preliminary plat. 5. Noxious weeds shall be controlled and eradicated. 6. Walking paths within the area may be maintained using Park Maintenance District Funds and maintenance may include snow removal. Lone Pine Trails 812912006 Design Guidelines, Conditions, Covenants and Restrictions 9.3 Animals, Birds, and Pets No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose. The number of dogs and cats residing on any lot shall not exceed two in aggregate and must be confined to their owner's property and must be kept under their direct control. 10' x 10' x 6' Dog kennels, runs, shall be allowed and chain link fence material may be used. All household pets shall be kept inside during the night (10 pm to 7 am). 9.4 Removal of Waste, Property Appearance and Upkeep A. Noxious or offensive activity shall not be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance to the neighborhood, including barking dogs. B. All structures upon the property shall be kept in good repair and appearance. C. No part of this property shall be used or maintained as a dumping ground or storage ground for rubbish, trash, garbage, old automobiles or other waste. All waste shall be stored in containers furnished by garbage disposal services and shall be promptly removed from the property in a timely F�'T�TATINTM D. Trees shall not be removed from the property except for the specific purpose of house, adjoining buildings, and access road construction after approval by the DRB. E. Property owners shall comply with a weed management plan approved by the Flathead County Noxious Weed Board. 10.0 Nuisances No noxious or offensive activity shall be carried on or permitted upon any of the lots, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Nor shall the premises be used in any way for any purpose which may endanger the health or safety of, or unreasonably disturb the residents of any lot. Outdoor barbecues are not considered nuisances under this section. Motorcycles, snowmobiles or like vehicles needlessly driven in the above described premises shall be considered nuisances. 11.0 General Provisions Lone fine Trails 812912006 'Design Guidelines, Conditions, Covenants and Restrictions A. These covenants are to run with the land, and shall be binding on all parties, and all persons claiming under them, for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by a majority of the owners of the lots has been recorded agreeing to change said covenants in whole or in part. B. The Grantor and every person hereinafter receiving any right, title or interest in any tract in said property shall have the right to prevent or stop violation of any of the said restrictions by injunction or other lawful procedure, in law or in equity, against the person or persons violating or threatening to violate these restrictive covenants. Any person who shall prosecute an action successfully may recover any damages resulting from such violation, and it is expressly understood by any persons purchasing this property that, if an action is successfully brought against him for a violation of these covenants, that a reasonable attorney's fee shall be assessed against him in addition to any other damages. C. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. D. These covenants may be altered or additions made thereto with the written consent of the owners of at least eighty percent (80%) of the lots (by number) or the owners of lots agreeing thereto, by written amendment, acknowledged by signature and filed with the Office of the County Clerk and Recorder of Flathead County, Montana. The LONE PINE TRAILS Homeowners Association shall be entitled to enforce these regulations as if it were a lot owner and be, upon prevailing, entitled to attorney fees. Any amendment is to be deemed effective thirty (30) days after recording or filing. The revised Declaration of Covenants so approved will be the governing document regarding said covenants and all previous Declaration of Covenants will have no force or effect. 12.0 Enforcement "Before legal proceedings are commenced, the LPTHOA or DRB intending to enforce the covenants shall notify the lot owner violating any covenant in writing specifying the failure and demanding that it be remedied within Lone Pine Trails 812912006 "Design Guidelines, Conditions, Covenants and Restrictions a period of thirty (30) days of the date of the notice. If the owner fails or refuses to remedy the violation within said 30 days, then the LPTHOA or DRB shall have the right to undertake any and all action that they in their sole discretion deem necessary and reasonable under the circumstances in order to terminate or correct the act or condition which violates the covenants, including obtaining legal or equitable relief including injunctions or orders and/or entering upon the premises for the purposes of removing any non -complying improvements, nuisance, garbage or vehicle. No entry upon a lot by the DRB, the Board of Directors, or its agent for purposes of enforcing these covenants shall be deemed a civil or criminal trespass." 13.0 General requirements during construction activities Any new construction in this development shall conform to the following: • Hours of construction shall be from 7:00 a.m. to 7:00 p.m. Monday through Saturday. • Best management practices shall be implemented on the construction site for erosion control. A Aorta --potty shall be on site during construction. • All waste and leftover building materials shall be picked up from the site daily. • All sidewalks and roadways shall be repaired to original condition if damaged during construction, prior to occupancy. • During construction and landscaping, all dirt, grass and rocks shall be picked up off neighboring yards, streets and sidewalks daily. • Any vegetation on the lot shall be maintained during construction. • A vehicle tracking pad shall be installed prior to any construction on the lots (See figure below). Lone Pine Trails 812912006 'Design Guidelines, Conditions, Covenants and Restrictions person(s) whose names(s) is/are subscribed to the within instrument, and acknowledged to me that he/they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day qprerr,t�rst above written. m 6tary Public f r the State of Montana m Residing at: My Commission Expires:"�,-� 4. \fir fF,Y crop ss Lone Pine .Trails 812912006 'Design Guidelines, Conditions, Covenants and Restrictions VERICLE TRACKING PAD 14' O a - 5 IN04 STONE Rr. M E.'rVM .AU NAM. . 'NR-94M CQ [Radom FA&A W300AS CAT* ROAM --'"ALL 9C WA101ft MAMMY. 1N WITNESS WHEREOF, I have hereunto set my hand the day and year first herein above written. -z9� STATE OF MONTANA) ) Ss County of Flathead ) On this day of _ °.; � 2006, before me, the undersigned, a Notary Pui4for the State of Montana, personally appeared _' , known to me to be the T,nne Pine Trails 812912006 'Design Guidelines, Conditions, Covenants and Restrictions AW-16-2006 16:22 ROAD & BRIDGE DEPT 406 758 5794 P.02 114mrt Mature of i t ) LOAIF- 1. Nam of Appl icant or Busira : � ►�. 2. Plai.ling Address:J eAsl' SQmvP si eV#j0" i Al-r finclude City, State -ark Zip, Cal. 3. Prapertg Ads of OFPragch . z10 V44 Ft► ! j` i9 t"' �°�' ... 4. ,/�e�ayyyZo ino Rsgulatiom: yYes � tea .. I yes,,. -Attach i�� tiam wd Cl.�ifi-� cnticm. NW0 fu,s,R+13 # t++.J [.t P`;%a:1 r �- �=- 7. • �,+at,►��nrw++,v r,� �, • �. r� � a"'k��+.�* � s^tia . c arm C'm. , e . LEGAL: Section Am*, V Z PV�.« 6. %r bow 1,-7v a period is the parmit desired; 7. 8. Fe mittee may be required, as outlined in Policy l i:;lat, to obtaip ,bWAiag in both �; WlethwO Comity Road Popwtomt "or" a l t? r for absumwe of comtructi repairs, also to paY a Y recording tow, It. �dimdl Appl i,c at i�t F : •cO Check W W. �r ."� ' ,r _. „� # apt 1'b. rWo Name Of sty .� TyW of Surety: Amt . 9. mat im mist be f lagged with addTe.as pcoted t4r pre -.construction i rmw t i m a. 10. F+ seed: All right-of-way disturbed by ' the ut i l it im of this ap4�t`i ,amt be reseeded a�ccordi� to the �i�ti�catimm of the F'latt�. CcmtY . 'Dept. cmtact Weed Department for area 1.ntormatiran and specif'icat ip.m. 11.. Al,;TEQM K a the Attached seta tqr reW ra rsti:i. 1:- Read Iur.,artmant Is to be notified upn cmvpletion of work for c rw.-daiiaaq of Ampectiora. This co will capplicatio�c�n�pwletey this form arsi tches /r�aYn Ut(■,�iAt� g/t�op�tiy}-* right - P4 .-CZ•ty Eli Dept. all Whm awiacant bas signed both sides of application 3' aWlication is.approved, a covi will be made available to applicant. (see remrse-isidej AM1 i cantrate -_ tg / I 7-1- lip • rl. - Pipprme—ftst In sW L _e �i�=t+ari Date stti a t it -� Date A! G--1 i-2006 16 : 23 RORD & BRIDGE DEPT 406 758 5794 P . 3 Subject to the following terms and coaditiono, the permit 40014d for Spoq the reveraa aide, ka>reof,. is hereby garisted: 1. rM This permit skill he to fail force aid in affect free the dat. e hereof aotil reyokad ns beret# prpyid 1. OWTIN. ftis permit may bw riveted by the County up" alirisg iR days natica to Pormiti-0 Woraiidiry nail, directed 'to the address shows in the application hereto attacked, bit the toulty�ros#rvo,s tke.riot to revalia toIs persic without givisg said notice is the Event fersittoe broaks sty of the-onaditi t or term sot fo;rtk bfpot#. I. COMO ' Of VUL Be wa k shall be commenced watil fsrsittos godfios: tke;CawsEy itt�ttti�a*R.rnp�reneaEit�ytte, is listed Olt the fraa<t of tkis application, as to the-praponed Mooncluest of work.. i. CBS a ®Ii Y. It the-Conity Chile#$ tigbxay, mocisaffatilg ek4odoo ia attwctiro or latotallitioni ooder this permit, forsittee shall like Necessary a:hamges aith"t o pawse to C044ty. S. WlI= a fhyllw 10MVIi1M1, lemoval of povosost out be preceded.•dy a#vino tie 0114ting paveloat iroved the aresfsl to be removed. Replacement base mud Satbase materials lost .be Cospheted to A. mialllo of -904 reletivp .ders.iti. deplaceseut of pmrememt mist be momplis ed Nithix fire (5) day# of pavestast raonvaf . i. CpU't'I' aim Bum no CUM. is aecortisg this permit; two po"ittesp 1416is Falcosefare or asslgas, a#roe to protect the county Smd Savo it harmless tram a)I el'sims, motion#-, or aiammge of may: i64 bud deocr#ptieo arlriait -say aaarse to, or be suffered by, any lesion, or person, a otpa gloss, or propity by. team: of the poff9ro4ice ql isy puck vglk, character of materials used, or easier of imstallatiaas, maimtemlatce amd operitiow, or by -tit Libra it cup"O'l of said .htgl,mmy right -of -fray, and is case of any Suitor Serial brought -441#� ttw Ca�tmty tad a�4fiAg auk of. or 4 r+sa o af, illy of the above cause. the persittee, its/hie seccesoors or issiges, Vill, oval noW# to it1414 of, tie ctt 484smsmt at suck action, defend the ease at itslkis sale cost and expense &W-satisfy any jns;t pbJd air he x#wWred 1441est toe county to any slit or action. 7. flO UT101 Of IUM7C. Insofar me the Interests of the Coeety and the traVelloy public .are >^mn Ormed, ill 1".0 performed under this permit shall he dame rider Eke s#pervislos of the C010Y Raid pgpatt est Rod: its aytho risod representatives, sod be/they shall indicate the traffic central dovipes, tiff' 014tiag thoroof st ajokt, placiso of fl4gm0r and MOM, tie acceptable Inner is which traffic is to he handled, ,and shall ;specify .tu fersitpos tort roaad surface is to he replaced if it is distmrbod dwring operatio", kbt Salo ospervioitoo akitl 14,40 #if operate -to rellove or dischorge Porsittes from any of the obligations assumed by occeptasat of this permit, sad e;poeiilly tkooe sit forth not beetfoa 5 hereof. A. f€ OMY 11111141. If the eark dome seder this permit interteros Is any way uitb tb# drainage of tout County kigi viy affected, 'Iersittee skill, it its/his on expose, make sack proiisioms as too Coixty say direct to cake care. a# said drainage. 9. 191111181 AN 981118. completion of mark contemplated ruder this permit, all rpldaiak ad doWa• oball be immediately resoved and rasdoay mid roadside left in a seat and proseaats lw t9-.that. Cmmbty. 10. 102I TO 18 Sl1fU1IM 8Y CM. All nark 400temploted Mir this permit-sbull .ts lime ondir 0e:14porvislass of aid to the satisfaction of the ssthorized reprosestative of tke mmuety, isd tko County boreky, re#arvps the risit to: ardor the change of location or removal of any stricture of imstsllition aathorisaid by tbio'ptrsit st arty tine, shill chimes or removal to be made at the solo expense of the Fermi ttaoe. U. CMW'I; AYaR"t M" Irs 111MMBS► VM. All such chaNgmw, rocalstroctief, surd relncatimm,#ba11 404e try ptraittee in such a simmer as mill cause the least interference with asy at, the county'f #ork, aid the :County mhall ie ma Say he liable for any 44149a to the Porsittee by reason of smy each work by the Coasty, its #goats, or representatives, or by the exercise of any rights by the County upon the bilk0aya-by the 44stgllatiol at structures Placed under this permit. 13. INOV16 Of 118TAfd,iylai8 V 9iMVCM. >aaless mailed by the County, epsaa terminetimm of .this - Perott, the fa:arlictee still remove the installation or strvcturex coatemplxted by this persi-t and. restore the -promises, t# tka onsditioe Mating at the time of onterisg upon the silo under this permit, reasonable and ordltiary our and t9ot ind: damage ley eke eleaemts, of by circusstamces over which the Fermittee has no eootro]. excepted, 13. 1lAI114'BI1AKS If WOMB 9 FB NIM. Fersittee skill saistain, at ftslbis sale espeise the 14et41140018 aid stri'Mrss for which this permit is granted, in a condition sawfictory to the C"Pty. = la. CMY Iff LTUM M blKUB Ytl 10JUAT1011. to accepting this ppriit' the Persittoe aytose that Amy damage or injury dome to said installations or strictures by a contractor working tie pointy 0 by any Cammty esplayee edgea in construction, alteration, repair, 141.1041ace, or imprareatemt of the NOV right-t F"y 03010 it rho sole expense of the fersfttee. 15. cow To is Rltll MOM "I 1111111MM MUST. ilpop being billed tieretor, peroittee agrees to PFopptly reiatarsa the county for say expense imcarred iS repairing surface a t roadway due to settlelost at iNetaliitio�t, or for Any' #tor damage to roadway as a result of the alork performed under this permit. Dated this ' day of The vaderslgned, to 'FINNIT MIB' mentioned in the foregoing i4strusent, hereby accepti this porsit. taq� tfia vitb all of :he torso and coaditio a set forth therein. 1pormittee3 ' AUG-16-2006 16 a 24 ROAD & BRIDGE DEPT 406 758 5794 P. 04 1. AH brush, tree, faun, etc am to be removed AMM ft county-r phi -Of -way on each aide of the approach for x diiat cc rf teat a hi tr ( g Of kbd property ad a setback to tha outside pdp, of.* nAt»of wi-iy, ' its rWll 46,1 gate improved roadway Stannce, Wqty ahO.SW 440 }ce. „2. A corrugated metal culvert having a rninimttrct dismete of (l2,: 1S .18)dmhea.te installed beneath the approach such,that the'culvert hvuciin invort) :b .cveart With and at the same grade as the ditch bi000rn.,UO oqlv.W must z`neet tht~ 6.1 shape either by cutter the Calvert at an an lb or attaching 11 ' +0ds. flab ulrart .v�xiil provide adequate drainage should water accurAulate in the 3 The approach must have a 20-foot loag landing grad 3 pamenjaw4y from the county road. (See the attached sheet for detai it) (rk. will re xcei the -a want of gravel loss and the possibility of drainage fi6i�n the. approac4 Kira -te .tlie coulky read.) All approaches onto a county road shall moot tyre rdad 4t a 9G-dpar44 4001e. All approaches will be 24 feet wide to the outaida edgy of the.n bt,F 06- All approaches onto a paved road shall be p4,vtgd a tti irattm... idea compacted by 24 feet wide and from the payed -road to the outsist�-.tf 9 PC 0 right -at -way. For additional construction specifications, and requirements sec "Approach Permit Attachment" (Appendix-8). 7. All areas within the county right-of-way distur d durigg cr►usutictiop met be reseeded within 14 days. A four inch layq of 'tnparaij rrias0e s rtod;over all disturbed areas of the right-of=way Pnor to rue ding, . (See'dw .aEtachod :rlEtect For details.) (Reseeding will reducr: the pWoritial for growth of nQxipta wood* adjacent to the county road as well au °the aska nt propertyj eP . 8, Contact the oars I� artmenC to acheslulc a past, RUG-16-2006 16:24 ROAD & BRIDGE DEPT 406 758 5794 P.05 r� ":;:r: ATPPPAC K: x Wit4 T- T 7501 MIN. LANV INN � fir, L•!L .iMl'�#':P't"N 471 f ps: 4 MAIN "y''"i'.wOi"sQ w. P33 FOOT "AWAY-, OW! 25. G' HIS'. FOR RECULAR AppROACH E APPROAC„5-4 VZ-*._iT . VAR _ ..,,,... ons eMAIM , ' ■ USZO 6: T SLOPE' cOit FlDL4 'or-: Fg9T Qit tF-.S S. FU$ �1Rl1i14JAGc. USE PIPE AS EPECIFEn lu XupF!om pvmm, •'.• _ - • V A t .. OF 1 P ia".! OACH ♦•,.,M. y ZZISE: A r x f R • • K , 3' 1 . °V_ It7Pw.rAZS « 70 w' Cwsrmo 'r'.l �� n To Zft 4 4ssaet .ttsieavlsscst it fact $" - *Bob- v' ._.91.4_"..r2ta _ ......._..._ t! -sL0>!b . , - 9", eftalne #��' _ • . ' :: : '' ': _ , - ' .;' .- - .. _ dab. s��anfr :¢arftoms l3 aenp�eed vabsta8s . tateusetave� [ r a o t. Shads to bffm fiW of dexuA Rig -of Way. 7. hlixaa dsin ioc $amprt fis! �+S i6 bftnimamQ stdr-gacade). s. R*nA& to ba m uo nwft d wn mASllMnm afG% ptadm. 8. Conshudion fabric to be plsc®d under road base is all wet areas. g. Road CL DVMtobmesmohtfteotalgbL q. tobebalkw#ththafoIIawiag : q.sg adoinumginch etumbedagomgmte g. Soadtohawecalve:tswl+eteneeaedG�:of+ativsart-1�"LD.S' t$}. 5imchesof tdc°Qualtxda�ccgatc 6. Ciit+ras[s to saw afonlytswo (gl tygeer (Cj, ii`Yaved< roadattr[ace to e+owist of g" e�nmp�xed asphalt ,w misi�em; ¢" coraParted adpbelt if used as art $aerial ra►@. c�v (A). Cotxt� WAS etal pike (C. S. P.) Wto. All rands to be ester diprior to oonatmedon. Plaos must bear an (S). counom engbgsoes stamp sadthen be approved by pladmd County Road Dept. N Q AUG-16-2006 16:25 ROAD & HRIDGE DEPT 406 758 5794 P.07 Seeding will be drilled following1he + pe. nt ur ..i lra� � after final grading using the below mix. The. seeding :mi_x anal ;000s .fo' used .care. as allows: Regar Brome Hard Fescue: Intermediate Wheotgrass Alslke Clever Annual Ayegrass . Kentucky Bluegrass Gadak Alfalfa Timothy Napier Orchard Gross, .2. 0 Tonal Pounds Per Acre The Vs PLS/ACRE means pounds per acre a •pui e; liY a 1. th is rwtified, to be weed free. The rates sho h shc��ld 1��:�c� l�ol i f ..�+��d i are...-'e'a' ad as't, and scarifying is required after seeding to cover,seeds; �ti1� t��aii t� prevent lass by wind, water and wildlife. a PAJG-16-2006 16:26 ROAD 8 BRIDGE DEPT 406 758 5794 P.08 �"1F°PICAL. APPROACH SECTION AT RIGHT OF WAY LICE Approach.- -Width.. R/WZ:2 Ap rocch. Width Ditch ... ----DRAIN PIPE WHOM KgUJR D S_ _aD I 11:1 06 2 0 m /I A U_6!Zr�-EC-7_7 AIPKOA�A, -T- 0 D PEI 1)14-ro 1� M91 • 3p i _t_rr_JA_ / ltIl;l ftkm., APPROACH PERMIT IPermit No. Applicant Information: -l'oM (Name) G v.raCZ- Sw}, (OUMING (Mailing it ress KALAS ]eu _19 p t (City, state & Zip) -t5a�i 33 -7�a-1*E-010 (Phone No.) (Fax No.) ?. Property Address of Approach: 630 S O FDYS 1-+K' - (Obtained from the Plat Room) elN L.C—�N i_ N 3. Type of Approach: Agricultural X Single Driveway .Shared Driveway (2 lot approach only) __..... _ # of Lots Minor Subdivision (S or fewer lots) # of Lots Major Subdivision (6 or more lots) $100.00 L..i oSO Ntr C-S ATCS $100.00oNt- $150.00 tz • y— $300.00/appro h + 30.00/lot Pa ^ $650.00/approach + $30.00/lot 4. Attach. Subdivision Regulations if a Subdivision. Area Zoning Regulations: Yes X No Attach Re lati ns Classifications. Planning & Zoning Representative Sign and Date `` =.�-, 7 - `iS - 6C, 5. Location must be flagged with address posted for pre -construction inspection. Date _7 i$ ©1a when location will be flagged. Road Department will provide lathe or applicant will have equivalent of lathe v�i:h bright grange flaggir a.t.ached or painted a bright orange. Give description at or near which installations or structures will be installed (ie; 300 feet North of intersection of Roads A & B, fence line,.etc.) Nm)(I 1ArT" 4m, r700TI4 CF toTegsemlo" o� a. r ;-' :', .ic with directions to location, plus a Certificate of Survey map or plat map of p; operty. � �. t U_'G� .L.: Section: l 'Township: Range: lesion date will be 90 days from Road Department Conditional Approval Letter. Approaches that are required to be paved and were approved between October I" and May I", will be granted an additional 30 SEDIE-o days after Tune lit, to complete the paving portion of the requirements, clue to availability of asphalt material. j INSTRUCTIONS CONCERNING USE OF THIS FORM Applicant will complete this form and transinit it to the Flathead County Road Department. This application 3:, for all approaches on County right-of-way. When applicant has signed both sides of application and application is conditionally approved, a copy will be made available to applicant. See reverse side for additional rules and regulations. UE T S OF ERMIT APPLICATION ARE ACCEPTED AND AGREED BY: ggnat e of Applicants) Date REVIEW OF APPLICATION FOR APPROACH PERMIT - To be filled in by Flathead County Road Dept Representative - PRELIMINARY INSPECTION OF APPLICATION RECOMMENDED FOR: CONDITIONAL A OVAL APPROVAL DISAPPROVAL awu 30 Lower Valley Road, Kalispell, MT 59901 Phone (406) 7524220 Fax (406) 752-4077 E-mail fcd@digisys.net DATE: September 16, 2005 RE: NATURAL STREAMBED PERMIT #FL-0S0-2005/Unnamed1Lone Pine Development Legal Description: 513, T28, R22 Landowner: Lone Pine Development, LLC .114 E. Second Street Whitefish, MT 59937 Applicant: SchwarzA&E 100 Financial Drive, Suite 120 Kalispell, MT 59901 Project: stream crossing, utility crossing On Monday, September 12, 2005, the Flathead Conservation District Board of Supervisors met to discuss your project on the unnamed stream. Based upon the recommendation of supervisor Frank De Kort with concurrence by Mark Delemy of the Mt. Dept. of Fish, Wildlife and Parks, the project was approved with the following specifications: RELL4NCE ONAPPLICANT'S DATA: The determination of this office that issuance of this permit was made in reliance on the information you provided REEVALUATION OF.PERMIT DECISION. This office may reevaluate its decision on this permit at anytime the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See RELL41 CE ONA.PPLICANT'SDATA) C. Significant new information surfaces which this office did not consider in reaching the original decision. The yermft issued or copy thereof shall be available for ins ecdon on -site during the work activi . Ne;tr j' as q your anticipated begI qw irk on the proiect, :then work has been completed, fill out and return the € nelosed PROJECT CO.- IPL TION FORM to our q'i. �: sea Ihrrt �r fBsllr w9tap hr. pecBlrrrt cr:ta lse atPtrdc�. The Flathead Conservation District retains the right to inspect the project during and after construction, and will contact the landowner. NATURAL STRE-4MBED PERMIT N L-fi6Q-2DOS%flnname&EonePineDevelopment Tlsis perrtait is valid an& unill September 12006 Ifyou shouldfind that you have not completed this project Brinr to that date, contact this office for a possible time extension prior to beginning any work (Note: only one time extension is allowed) Sign € nd return one €°gist= gf'the two eneffised "310 pLR111T t:'OASERV IO;N DISTRICT'S DEVIVI N': By Montana State Law (MCA 75 7112 (7) you art, required to return this to our qffilce within 15 €{toys. Failure to do so will raarton; adcalll° voist this ;termit', wick ourfiarther warrrirr;; Retain the other copy for your permanent records. Note that if you do not agree with the Board's Decision, you can request an arbitration panel be called to hear the cgs& If you would prefer to do that, our office must he so not fled in writing within jive drrys of your receipt of this letter. (Note: the day after receipt is considered dory 1) Otherwise, the arbitration process cannot be invoked. The 1 S-dav wa thig period has been waived. Work on dins project mny begin as soon as p€rvsibl€. However he ore begirarrirs ail = work, you crust .sign else Supervisors Decision form, and return it it) the Flathead Conservation ration Distrlcl ttjjlCs • The on -site inspection has been waived. • Work is to be completed as outlined in the application. Work in. dry channel conditions • All work should be completed in an expeditious and careful manner as possible and shall take place during low flow periods only. • Work shall be conducted to minimize impact on the stream and the immediate vicinity. To prevent leaks of petroleum products into the waterway, no defective equipment shall be operated in areas capable of contributing surface flows to the watercourse. • Any excess material generated from this project most be disposed of above the ordinary high water mark and not in an area classified as a wetland. • All disturbed areas (including any spoils or excess material) shall be shaped, seeded to grass and lightly mulched to control erosion and prevent the infestation of noxious weeds. Existing vegetation shall be preserved to the maxhnum possible. • Extra precautions shall be taken to preserve existing riparian vegetation. • Clearing of vegetation will be limited to that which is absolutely necessary for construction of the project. • All stream bank and adjacent areas disturbed by the construction activity shall be protected with temporary erosion control measures during the construction activities. These areas shall be reclaimed with long-term erosion control measures and revegetated immediately after construction. • The fill slopes of the crossing shall be at maximum grade of 1.5:1. • The culverts shall be properly bedded in gravels and shall be on a grade with the pre-existing slope of the stream, or buried one inch below the existing gradient. • Culverts will have a fill depth over the top of the culvert of one third (113) the diameter of the culvert, but no less than one foot. NATURAL STREAMBED PERMIT #FL-060-2005/Unnamed Eone Fine Development Install culverts or bridges so that the low point in the road grade is not over the stream crossing. If this is not possible, construct water bars or cross drains in the road grade above the stream crossing, The FCD Board of Supervisors advises that the issuance of a 3.10 permit does not relieve the parties involved from securing other necessary permits which may include (but not be limited to): I. The Federal Endangered,SpeclesAct, contact U.S. Fish & Wildlife Service, Helena (406-449-5225); 2. The Flathead County Planning & Zoning Office's Floodplains Permit& Lakeshore Protection Act (406-751-9200); 3. The DNRC Trust Land Management Use License or Easement on Navigable Waters (406-751-2240 or Fax 406- 75I-2288); 4. The U.S. Army Corp of Engineers' 404Permit, 10 West 15t' Street, Suite 2200, Helena, MT 59626 (406-441-1375). 5. Although water may be on or flow across your property, you may not have the right to use that water. Check your water right, and your neighbor's water right, by contacting DNRC/Water Resources, (406-752-2288). 6. A FERC (Federal Energy Regulatory Commission) permit may be required for energy generation, contact: FERC, 888 1" Street N.E., Washington, D.C. 20426 (202-219-2750). For further information access the FERC web site at _._w .ferc.fvcl.us, For energy generation inter -connections contact: Flathead EIectric Coop, 2510 Hwy 2 .East, Kalispell, MT 59901 (406-751-4483). 7. A Wild & Scenic River permit for the North and Middle forks of the Flathead River contact U.S..F.S., Flathead National Forest, 1935 P Avenue East, Kalispell, MT (406-758-5200). 8. In addition, if you will be disturbing the vegetative cover on more than five acres, or more than one acre which is less than 100 feet from a stream, you will need to obtain a permit from the Mi. Dept of Environmental Quality, Permitting and Compliance .Division, Box 200901, Helena, MT 59620-0901, (406-444-4323). 9. Streamside Management Zone Law, .Department of Natural Resources and Conservation, State Land .Management Office, 2250 Hwy 93 North, Kalispell, MT 59901 406-751-2240, must be notified by the landowner or operator prior to beginning any forest practices that will access, harvest, or regenerate trees on a defined land area for commercial purposes on private, state, or federal lands. The permittee is hereby notified that any financial outlay or work invested in a project, pursuant to this authorization, is at the permittee's risk. The issuance of this authorization does not reduce the permittee's liability for damage caused by development of the authorized project. Nor does the Flathead Conservation District in issuing this authorization in any way acknowledge liability for damage caused by the permittee's development of the authorized project. Please call the Flathead Conservation District at 406-752-4220 if you have questions. irk t.,I.% L k, Frank De Kort Supervisor Eric.: 3 cc: Fisheries Dept., Mt. Dept. of Fish, Wildlife and Parks, Kalispell Form 273 (Rev. 09/22/03) (file name i 03.doc) '—'-PLIGATION NO.: FL-0 0- 005 310 PERMIT �ISION BATE: CONSERVATION DISTRICT'S DECISION Notice: THIS AUTHORIZATION DOES NOT GIVE PERMISSION TO CARRY OUT A PROJECT ON LAND THAT IS NOT OWNED BY THE HOLDER OF THIS PERMIT. Landowner permission, easements or other federal, state, or local permits, licenses, special use permits, or authorizations may be required before construction of the project. It is the duty of the holder of this permit.to. determine which are necessary and obtain them prior to construction of the project. Name of Landowner: Lone Pine Development, LLC Address: 114 E. Second Street City: Whitefish State: MT Zip: 59937 Name of Applicant: Schwarz Architecture & Engineering Address: 100 Financial Drive, Suite 120 City: Kalispell State: MT Zip: 59901 Perennial Stream: Unnamed Section: 13 Township: 28 .Range: 22 Supervisors' Decision (circle):.. pproved Explanation: stream crossmg,sing .❑ See attached (if more room is necessary) . . Approved w/ Modification Denied Not a Project �a Permit Expiration Date 1s t Date Transmitted to Applicant and DFWP Check here if 1 S-day waiting period has been waived Work may begin on or after. AS 7'i AS W Slbl� TO BE COMPLETED BY THE APPLICANT Check the. appropriate box, sign and return a copy to the district of ice.within 15 days of receipt of this permit. ❑ I agree to proceed with the project in accordance with the approved application and specifications outlined in this permit and will allow a follow-up inspection. 0 I disagree with the terms of this permit and I will seek judicial review in district court within 15 days of receipt of this permit. (This box may only be checked if you did not sign an arbitration agreement when you submitted your application.) © I disagree with the terms of this permit and hereby request arbitration. I agree to abide by the arbitration agreement attached to or on.the reverse of this form — OR, if an arbitration agreement was. signed when the permit .application was submitted, I will abide that agreement. Signature of Applicant: Date FLATHEAD CONSERVATION DISTRICT 30 Lower Valley Read., Kalispell, MT 59901 PHONE: 752-4220 FAX: 7524077 FORK CO.HPLE TION FORAf (This farm must be filled out and returned.) TO: Flathead Conservation District 30 Lower Valley Road Kalispell, MT 59901 Phone (406) 752-4220 & Fax (406) 752-4077 E-Mail fcd@digisys.net s e _f Phone # RE: NATURAL STIPEAMBED PERMIT #FL-060-2005/Unnamed1Lone Parse Development Legal Description: S13, T28, R22 Landowner. Lone Pine Development, LLC 114 E. Second Street Whitefish, MT 59937 Applicant. Schwarz A&E 100 Financial Drive, Suite 120 Kalispell, MT 59901 Project., stream crossing, utility crossing Date work was completed: Comments: We e ;t ttr e i s l - iir gomgleted pro°I r documendation and e. KALISPELL PLANNING DEPARTMENT FLOOAPLAIN DEVELOPMENT PERMIT AMENDED KFDP-05-05 LONE PINE DEVELOPMENT, LLC DECEMBER 9, 2005 Project Description: This is a permit request for the construction of two road crossings in the 100-year floodplain of an unnamed tributary to Ashley Creek. The application proposes two crossings using 35" x 24" corrugated metal pipe culvert. The upstream culvert would be 72 feet in length, the other culvert would be 70 feet in length. The property is located south of Foy's Lake Road and west of Valley View Drive and is further described as Tracts 3FE, 3FED, 3FEB, 3 FEC, 3FEA, 3FEF, 3HAA and 3HA, in Section 13, Township 28 North, Range 22 West, P.M.M. , Flathead County. Based on the forgoing review (Staff Report KFDP--05-05) Floodplain Development Permit #FDP-05-05 as amended is hereby approved with the following conditions: 1. The work shall be constructed in accordance with the plans submitted except as modified by these conditions. 2. The contractor and/or subcontractor shall keep a copy of this permit on site at all times. All employees doing work within the floodplain shall be made aware of this permit and its conditions. 3. A request for a LOMA for the Lone Pine Subdivision is being concurrently applied for with approval anticipated in early 2006. Should either the DNRC or FEMA through the approval of the new flood study for this site find the pipe sizing inadequate for the two crossings, the applicant will be required to remove and replace them with appropriately sized materials. 4. Erosion control fencing shall be placed along the entire length of the floodplain as it crosses the subdivision. Said fencing shall be properly anchored in accordance with accepted management practices. The Contractor shall notify the Planning Department that the fabric is in place 24 hours prior to commencement of work. 5. Earthwork shall be limited to the construction of the roadway, sidewalks and public utilities. No excavation or fill shall be allowed in the floodplain (as currently mapped or as modified by best available information accepted by either FEMA or DNRC) outside of the specific project crossing area including any additional fill in either the common areas or individual lots. 6. The road crossings shall be redesigned to comply with KF&,FMR 10A-25B(7) which requires the road be elevated two feet above the base flood elevation. The engineer shall certify that the lowest part of the road complies. 7. All of the structural fill associated with the improvements shall be stable, compacted, well graded, pervious, generally unaffected by water and frost, devoid of trash or similar foreign matter, devoid of tree stumps or other organic material, and appropriate for the intended use as a roadway. 8. The site labeled "future possible road access" on the east side of the subdivision shall be located on the plat and designed so that the roadway and any fill associated with this future road be located and placed outside of the 100-year flood plain. 9. If natural gas lines are included in the construction, a registered professional engineer shall certify that the depth of placement of the line shall be at least twice the calculated depth of scour for a 100 year flood. 10. Learn Lane shall be improved from the "emergency access" point to Foy's Lake Road to provide a suitable road base two (21 feet above the base flood elevation. If improvements will be necessitated to Learn Lane, because this is a county road, the applicant will need to pursue a county floodplain permit and receive authorization from the Flathead County Road and Bridge Department to improve Learn Lane. 11. Upon completion of the work in this permit, and prior to final platting of the subdivision, the applicant shall furnish to this office a certification by a registered professional engineer enumerating each condition and certifying that all the work has been done in compliance with this permit. irl Thomas R. Jentz Floodplain Administrator Kalispell Planning Department 17 Second Street East, Ste 211 Kalispell, MT 59901 r' �i I' t Date City of Kalispell Planning Department 17 - 2"d Street East, Suite 211, Kalispell, Montana 59901 Telephone. (406) 751-1850 Fax: (406) 751-1858 Website: kalispellpianning.coai December 9, 2005 Marc Liechti Schwarz Architecture and Engineering, Inc. 100 Financial Drive, Suite 120 Kalispell, Montana 59901 Re: Amended Floodplain Development Permit KFDP-05-05 and Clarifications Dear Marc: This letter is a follow-up to a phone conversation with you this past week, a letter dated November 28, 2005, and a conversation -with John Schwarz in my office on Wednesday of this week. I have reviewed the floodplain permit KFDP-0S-05 for the Lone Pine Subdivision crossings and have prepared an amended permit KFDP-05-05 dated December 9, 2005. The purpose of the amended permit is to bring clarity to the permit and some of the conditions as originally written. Additionally, some superfluous language in the introduction of the permit was removed. Specifically Condition #3 was modified to limit your responsibility to re -size the culverts if they were deficient to that window of time while DNRC and FEMA reviewed the findings of your current flood study, not a perpetual open ended timeframe of liability. This condition was originally added because under the terms of the preliminary plat you could not apply for a floodplain development permit until the flood study was completed and approved by FEMA and it was the feeling of this office that we would work with you while the flood study was being undertaken to allow you to proceed more quickly. Concerning Condition #5, you are limited in your work in the floodplain to earth disturbance and activity only at the two crossings you applied for. Condition #5 clarifies that this requirement will continue but it also clarifies the definition of what is defined as the "floodplain". In talking with Karl Christians, DNRC in Helena, it is his position and therefore the position of this office as well that the undesignated "A" zone as mapped today is the floodplain boundary of record today. However, you are in the process of applying for a LOMA. In that process you have prepared a flood study and modeled the floodplain as it traverses through the Lone Pine Subdivision.. It has already been submitted to Larry Schock, DNRC, Missoula for review and he has returned it with several comments. When this study and model has been reviewed and approved by Larry Schock, it 'would be considered the "best available information" for this reach of stream. I understand that could occur within the next few weeks. At that point, we would consider the boundary and elevations of that study to be the basis for determining the flood boundary in Lone Pine. Any work outside of that projected 100 year floodplain would not require a floodplain development permit to proceed. Any work (fill, excavations and modifications) in the floodplain would continue to require a permit. This should answer your question concerning your ability to begin work on the lift station, which appears to lie outside of the projected 100 year flood boundary, or fill of certain lots in the area. Please note that there is always an off -hand chance that FEMA would take issue with some portion of the study and modeling as submitted, at which tune we would be bound by their final decision. There was a concern about Condition #8 and the location of the future road access on the east side of the subdivision. This condition has been slightly modified. Condition #8 was placed here as a pre-emptive condition such that if the future roadway fell within the new flood boundary based on the flood study it was easier now to move the location before kits are platted and homes are built. The original Condition #9 was dropped from the permit based on a concern by Schwarz Construction that it has no direct bearing on the floodplain permit. I concur that the issue is effectively dealt with in the preliminary plat condition of approval # 15 which requires a 60 foot R/W between the subdivision and Learn Lane. Thank you for your cooperation in this matter. Should you have additional questions concerning this permit do not hesitate to contact this office at your earliest convenience. �Since 1y ,MdJZC:q— Thomas R..Jentz Director Attachments: Amended Flood Plain Development Permit KFDP-05-05 dated December 9, 2005 c: Lone Pine Development, LLC; 144 E Second St., Whitefish, MT 59937 Marc Pitman From: Schock, Larry [lschock@mt.gov Sent: Thursday, December 29, 2005 3:31 PM To: Marc Pitman; Voeller, Terry; Christians, Karl Cc: Traci Tull; tjentz@kalispell.com Subject: RE: Lone Pine Meadows LOMA Hi Marc, We have finished reviewing the Lone Pine HEC-RAS model and it looks good, it should provide a reasonable representation of the 100 yr. floodplain for that area. Good luck with the LOMR process. Tarry A. Schock, CFM MT DNRC MRO (406) 721-4284 lschock@mt.gov ------Original Message ----- From: Marc Pitman[mailto:mpitman@schwarzengineering.comj Sent: Thursday, December 08, 2005 2:01 PM To: Schock, Larry Subject: Lone Pine Meadows LOMA Larry, I revised the Floodplain study for Lone Pine Meadows. A copy of the study along with a copy of the LOMA request to be sent to FEMA was mailed to you on December 7, 2005. I am attaching the HEC-RAS model used in the study for your review. Tom. Jentz of the City of Kalispell received his copy of the report yesterday. In addition to widening the cross - sections I also ran additional cross -sections that we surveyed along the stream on the neighboring property to the north of Lone Pine Meadows. The size of culverts were checked where the channel crosses Learn Lane. This time we had the culvert un-earthed. The culvert width measured nearly 30", and is a squashed (elliptical) cmp pipe. a pleasant surprise. I called the Flathead County Bridge Department supervisor, Mr. Greg Iverson, to see if he had any record of the culvert sizes. He didn't have a record however he was able to tell me the sizes of culverts used by the county. From our conversation we determine the culvert to be a 28" X 20" cmp pipe. Using this size in the HEC-RAS model showed that the culverts at Learn Lane can accommodate the calculated 100-year flood flow. Please call or email if you have comments regarding the report or HEC-RAS model. Thanks, Marc Pitman J UTILITY EASEMENT Far Vatuc.Roceived Roes Heritepe UC Stt valley Vim Drive Xdkptnl b C smi The gamma , dD hereby pact, bargaaa, sell and aoavey sotto Lme Ph* i eWopment LLC 144 2" Stlmet Whltefioh, MT 8739's The gang , the failomag desm'bed utility easmneru in Flathead County. 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S $8 5719' W a ddsleace at 321.97' to a po/b!; Atone Afanngp a 80, 00'rodMs aorfo to /Ae Mt, tbroosyyfh a aoalro/ on-Ie of 43°P49fi" so are Oslancs of e3410'to 0 pobd,• Memo* S 43.3.?OS"Y a dislaosa Of 13494'to s psb9t sad MOWAVr of *as*mant As easement. A00' nido for andergraaad A,1Rtlas, maastaaanoo and the axtspelM ihafeof, 0/100100 /yMy, asd beM9 SE /14 M 414, $"Ika 11 7dana* 28 N-IA Ranee PP West, PdnaiperMod0ob FWAvedConafy. MMIand, sad th* Wooled), AaaAdery AsAV moro Portiealaily ds*w*od as fo8ors: The Was, baoodary of Pornel / of CertiNaofe of $array XAM w KpNiTAN� s;3ww DARREN R. F # 9RECKENRWE k ' 11706t S + S£C770M CORNER t 1/P"IRON PIPE 1. . <. R� 1STQ • Fobw sAAe As SET f£YCEPr AS N07E01 p set s18"Y 24' R£BAR Y/rH CAp SU(;`IG n SMAIPAV Mt'CAEAPM EIITp64$ EXHIBIT A LONE PINE ESTATES That portion of the Southwest V. Southeast V4 Section 13, Township 28 North, Range 22 West, Flathead Coun ty, Montana Described as follows: C.,),m-,me.ricing al the South 1,1, ccim. er of Section 13; thence along the South line of Section 13 North 89'5748' East 294.226 feel to the point of j)egjnr&.;.n-g; thence continuing along the Sauth line North 89'5 7 748" East 1.020.41 feet.; thence North 0'00'23' West .889-98 feet to the, Southeast. corner of Lot 1.1 as shown on instrument recorded in -Book 466, Page 498, records of Flath". d Count%,; thence along the Sout1h, line of those parcels shown on instrument: recorded in Book 460', Page 498, records of Flathead County South 89'34"25" WesL 1. 160.00 feet to the Easterly line of a, Cousiv Road; Ifficnee -along tie lwllasterhr line South 6'30'00" West '58 6,62 feet; thence. South 779*06'10' East 213.10 feet; thence South 0"42"20" West 258.89 feet to the point of beginning, containing 23.165 acres of land. to Lone Pine Estates Sub 1iyW:t0n An easement situated, lying and beginning in the SE I it 4 of the SE 1 /4 of Section 13, Township 2North, Range 22'West, Principal. Mcridian, Flathead County, Montana, and more particularv described as follo%vs: Commencing at a point 33-69 feet South 00005'56" West of Lhe northwest corner of Tract 2 as indicated on COS 16326 recorded in Flathead County—LMontana to the true point of'becdnning; thence South 00'00'23" last .fora. distance of 87.15'. therice North 431"30,01" East. fear a. distance OF 131. 19 feet; thence along a curve to the East 56,72 feet, rachus 70' wits-i a delta angle of 46'25'26"; the.nce North 89'48731' East for a dis mrice of 349.35' , feet North. 20O 100' West for a distance of 63.78 feet; thence SOLL th 89'48'3.1 " West for a distance of 328.26 feet; thence along a cun,c to the Southwest 104.68 feet, radius 130 feet with a delta angle of 46'eO7'58"; thence South 43"30'0 'A" West for a distance or 713.98 feet back to t1he true point of beginning, PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE Policy No. 7208926- 132 CHICAGO TITLE INSURANCE COMPANY To the County of Flathead and the City of K a l i s_la_e 1 1 in Montana CHICAGO TITLE INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Missouri, with its principal office in the City of Chicago, Illinois, and duty authorized to insure titles in Montana hereby certifies that from its examination of these public records which impart constructive notice of matters affecting the title to the real estate described in Schedule A hereof, as of the 1 6 t h day of June , 2 0 0 6 , at 5 o'clock P.M., the title to the described real estate was indefeasibly vested in fee simple of record in: tone Pine Development, LLC A Montana Limited Liability Company subject only to the objections, liens charges, encumbrances and other matters shown under Schedule 13 hereof. The maximum liability of the undersigned under this certificate is limited to the sum of $ 10 , 0 0.0 . 0 0 This certificate of title is made in consideration of the payment of the premium by the subdivider of the land and for the use of the County and City above named. Issue by: STEERLIN TITLESERVICES 211 South lain � t-eet: P.O. sox 7 Kalispell, MT �r`%,�'� Phone: (40r, Fes; iLoki) µ 52 (Title) ,41-1i 5:7-5;,51 (Escrow) WWW,sterl,. CMCAGO TITLE INSURANCE COMPANY PsesddW ATTEST rZ, Reorder Form No. 9113 (Reprinted 12100) Preliminary Subdivision Certificate of Title For Use In Montana SCHEDULE A Page 2 Certificate No.: 7208926-1328 Our File No.: CG-43919 Being the legal description of the real estate covered by this certificate. The following -described parcels of real estate: That portion of the Southwest Quarter of the Southeast Quarter (SW'/4SEI/4) of Section 13, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana, and more particularly described as follows: Commencing at the SE corner of Section 13; thence along the South line of the SEI/4, South 89°57'48" West, a distance of 1321.14 feet to the Point of Beginning; thence continuing along the South line of the SEI/4, South 89°57'48" West, a distance of 1022.54 feet; thence North 02' 11' 14" East, a distance of 259.30 feet; thence North 751138'21" West, a distance of 220.77 feet to the East line of Learn Lane; thence along the East line of the road, North 06°36'52" East, a distance of 571.40 feet; thence North 89°42'00", a distance of 360.05 feet; thence North 89°40'21" East, a distance of 799.71 feet; thence South 00'13'10" East, a distance of 113.02 feet; thence South 00°02'09" East, a distance of 774.26 feet to the Point of Beginning. To Be Known As: LONE PINE ESTATES Page 3 Certificate No.: 7208926-1328 Our File No.: CG-43919 Being all of the estates, interests, equities, lawful claims, or demands, defects, or objections whatsoever to title; and all easements, restrictions, liens, charges, taxes (general, special, or inheritance, or assessments of whatever nature), or encumbrances; and all other matters whatsoever affecting said premises, or the estate, right, title, or interest of the record owners, which now do exist of record. 1. Property taxes, including any assessments collected with the taxes, for the year 2006. 2. Reservations in Patents or the acts authorizing the issuance thereof. 3. Mineral rights, claims or title to minerals in or under said land, including but not limited to metals, oil, gas, coal, or other hydrocarbons, sand, gravel or stone, and easement or other rights relating thereto, whether express or implied, recorded or unrecorded. 4. Delinquent water and sewer charges of the City of Kalispell, if any. 5. A non-exclusive easement to use the Westerly 125 feet of the existing roadway for ingress and egress purposes, disclosed by instruments recorded August 30, 1977 under Recorder's Fee # 12171, in Book 624, page 450, April 6, 1979 under Recorder's Fee #4646, in Book 663, page 923 and August 16, 2004 as Document #200422912050, all records of Flathead County, Montana. 6. Terms and provisions contained in Resolution, regarding designation of limited access highway, Kalispell Bypass, recorded November 14, 1997 as Document #199731810050, records of Flathead County, Montana. 7. Terms and provisions contained in Resolution No. 4998, regarding annexation to the City of Kalispell, Montana and zoning, recorded April 20, 2005 as Document #200511012060, records of Flathead County, Montana. 8. Petition to annex and notice of withdrawal from rural fire district, recorded April 20, 2005 as Document #200511012070, records of Flathead County, Montana. 9. Terms and provisions contained in Utility Easement, recorded June 14, 2005 as Document #200516508400, records of Flathead County, Montana. 10. Terms and provisions contained in Road & Utility Easement, recorded June 14, 2005 as Document #200516508410, records of Flathead County, Montana. Page 4 Certificate No.: 7208926-1328 Our File No.: CG-43919 11. Deed of Trust dated August 30, 2005 to secure payment of $1,537,510.30, together with interest and any other obligations secured thereby, recorded September 6, 2005 as Document #200524911240, records of Flathead County, Montana. Grantor: Lone Pine Development, LLC Trustee: Alliance Title & Escrow Beneficiary: First Interstate Bank, and modification recorded April 11, 2006 as Document 9200610116030, records of Flathead County, Montana. 12. Note regarding utility easements, waiver of protest, regarding participation in special improvement district and notes as shown on the unrecorded plat of Lone Pine Estates. 13. Five foot utility easements and 20 foot wide shared access and utility easements as shown on the unrecorded plat of Lone Pine Estates. 14. Ten foot wide buffer zones, as shown on the unrecorded plat of Lone Pine Estates. 15. A 60 foot dedicated city street and utility easement, to be known as Lone Pine Loop Road, as shown on the unrecorded plat of Lone Pine Estates. 16. Dedicated city street and utility easements, to be known as Lone Pine Court and Lone Pine Circle, as shown on the unrecorded plat of Lone Pine Estates. 17. No search has been made for water rights and unpatented mining claims, and liability thereon is excluded from coverage of this Certificate. .h Va � � M dti I ,�c•css a+,aa,daa;v uj uj �z 4� lei � N O A p �w d n J 4 n t^ O U n a O O V d1 a N r tt � � n a Or� � J.H R } N W Z 3 0 N V7 a N LL y a� a n cn w ai \ ..•,OCYf7 '3.a9,t9dM -- o 96� 99 i� 4 ? �� h o an. .•' U,' �_ E75 Lu wD �] M 3 n ay M Y aOOI LL.C/3�!)V C7 f}l Jcn C)C�Lu <-', i7-,-C_7�Ci� 3 S3k�N� C LLi (%J -,C • O -. CD f. U w j +a :5 ' Li.:.:w. 2: i rf Chicago Title Insurance Company (Members of the Fidelity National .Financial, Inc. group of companies) Fidelity National Financial Group of Companies' Privacy Statement July 1, 2001 We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-p€iblic personal information ("Personal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about ,you from the following sources: • From applications or other forms we receive from you or your authorized representative; ■ Frorn your transactions with, or from the services being performed by, us, our affiliates, or others; • From our interest web sites; • From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and • From consumer or other reporting agencies. 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