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Home My WebLink About1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8`h Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.3843470 www.garfeid-county.com Special Use Permit GENERAL INFORMATION (To be completed by the applicant.) Street Address 1 General Location of Property: Approx. / /WE c�d k."t i __c ` G + r '�� ed,„eiy r e po rgy ori C►Z 319 • Legal Description: .SS,7t4C 'ES , AS n4fg tat y CIES C Ate/ u r(dr Tit .S arsr Ale VIC Aid ➢ Existing Use & Size of Property in acres: V ht AWL- ,s5, I 5 Asre.S • Description of Special Use Requested: e n pte PA'k a ri 6 i64ir17 12el CA not 610Ac.e3 4'0+ r CcGhr JA -1;d y CA tym ir V b c.)t , Pnper 1l4;k%f attic' iced.s.:44.5 Zone District: AI z / ie 0 Y Name of Property Owner (Applicant): 319 *Ise r»7p►� l t LL C • Address: () $ 39 3- Li ei) 1(4 Telephone: 921- 1ST 2. > City:e,4.. Owi S.¢r 6 . State: () Zip Code: 1 L 0 FAX: 921- 117 9 • Name of Owner's Representative, if any (Attorney, Planner, etc): kks > Address: O5 3 ( J6 C40./11- Telephone: la - $?T L A City: (.ter& . Sod.. State: CO Zip Code: E 1L a? FAX: 9 a - 7171 Doc. No.: • Planner: STAFF USE ONLY Date Submitted: TC Date: Hearing Date: RECEiV ., FEB 0 5 2007 GARFtr=l_� BUILDING i. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements above and have provided the required attached information which is correc#.and accurate to the best of my knowledge. (Sigr}a re of applicant/owner) Last Revised: 02/2006 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be subinitted with application) e.ortp GARFIELD COUNTY ( hereinafter COUNTY) and 1 [Wk1( LL. (hereinafter APPLICANT) agree as follows: l . APPLICANT has submitted to COUNTY an application for SUP (A11( (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. if actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Ohl &/kk.s- L)P (6. Print Name Mailing Address: as ,6 k atea. srr., L` -a ILL n I 10t2004 Page 4 COLO RIVER ENGINEERING INCORPORATED P.O. Box 1301 Rifle, CO 81650 Tel 970-625-4933 Fax 970-625-4564 February 13, 2008 Mr. David Pesnichak Garfield County Building & Planning 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 RE: 319 Water Company, LLC 1 Mamm Creek Commons Dear Mr. Pesnichak: We understand that Mr. Jimmy Sills has submitted a Special Use Permit Application for an RV Park at his 319 Water Company, LLC property, located south of the Garfield County Airport along County Road 319. We have been working with Mr. Sills during the past year on collecting water quality data and planning for a possible application to the Colorado Department of Health and Environment (CDPHE) for the reclassification of the Mamm Creek Commons water system from a transient, non -community system to a community system. We have been asked by Mr. Sills to work with his water treatment consultant Water Remediation Technology, LLC (WRT) of Ft. Collins, CO to develop a plan for providing Uranium removal for the Mamm Creek Commons water supply. We have met with Mr. Ryan Peterson of WRT and have discussed the status if the Mamm Creek Commons water system and possible treatment options that are available from WRT. We have provided WRT with a summary of water quality results for sampling conducted to date and are collecting weekly samples at the request of WRT to aid in the determination of the feasibility and design of a treatment system for Mamm Creek Commons. We plan to provide WRT with the additional water quality results when we receive them from the laboratory. We expect that WRT will present a proposal to Mr. Sills once they have had an opportunity to review the results. If you have any questions, please do not hesitate to call 970-625-4933. Cc: Mr. Jimmy Sills CM:t„n Status5.doc Sincerely, Christopher era, P.E. Mark Hayes, Technician FEB 1 4 7.008 /L291 233 cJ (N1 233 CN r 216 CO (11 0". 236 City of Rifle 3O :52A 7;7 Subject Parcel 322 8ja 319 Water Company 0 1,000 2,000 4,000 Feet 1 1 1 1 i 1 1 I Hill ESOURCE ■ii■■ ■■i■■ E N G I N E E R I N G I N C. David Pesnichak Garfield County Building and Planning Dept 108 8th Street, Suite 201 Glenwood Springs CO 81601 RE: 319 Water Company, LLC — Special Use Permit Application for Camper Park Dear David: April 15, 2008 At the request of Garfield County, Resource Engineering, Inc. (RESOURCE) reviewed the Special Use Permit application of 319 Water Company, LLC for a camper park on property located on County Road 319 approximately 1.5 miles southwest of the Garfield County airport. This Special Use Permit falls under Section 5.02 of the zoning resolution. However, the Applicant has requested a waiver of the maximum occupancy time limit, essentially creating a temporary housing project. To the extent this request may affect technical criteria, it will be addressed in the comments below. Section 5.02.08 Water Supply (1) There is no evidence to support that the water supply is in compliance with the CDPHE drinking water standards. Such evidence must be presented prior to any issuance of a Special Use Permit. (4) There is no evidence that the proposed water distribution system is in compliance with CDPHE drinking water regulations and GARCO criteria. Evidence of such must be submitted including typical design details. Section 5.02.10 Water Supply (1) Well permit No. 61926-F does not allow for a camper park. A valid well permit allowing the proposed uses must be obtained and provided prior to issuance of any Special Use Permit. (2) Typical space layout and details must be provided to demonstrate compliance with regulations and provide a guideline for a contractor to construct a compliant system. (3) Typical space layout and details must be provided to demonstrate compliance with regulations and provide a guideline for a contractor to construct a compliant system. Section 5.02.11 Fire Protection (1) There is no evidence to support that the Fire Protection criteria are met. RECEIVED APR 1 6 2008 OUNTY Consulting Engineers and Hydrologists LANNING 305 Colorado Avenue ■ Glenwood Springs, CO 91801 1 ■ (970) 945-8777 1 Fax (970) 945-1137 David Pesnichak April 15, 2008 Page 2 Section 5.02.13 Sewage Disposal (1) Typical site layout of sewage disposal facilities should be provided. (2) The proposed sewage disposal includes four ISDS systems designed for 50 gpd per unit. The water requirement is 100 gpd per unit for individual water and sewer service. The ISDs systems should be designed for at least 100 gpd per unit. Four additional ISDS systems are required. 5.02015 Sewage Disposal (1) Typical layout and design details for the individual sewer connections should be provided to ensure compliance with GARCO standards. Section 5.02.20 Miscellaneous Regulations (1) Applicant has requested a variance from the 120 day maximum occupancy time limit. Such variance would create a "temporary housing project." This may impact the water and sewer usage as well as traffic estimates. It is recommended that the water use (and resulting sewer use) be monitored through flow meter readings to ensure compliance with ISDS design parameters. Section 5.03 Special Use Permit General Requirements (1) Utilities Comments on water and sewer are provided above under the specific camper regulations. (2) Traffic/Roads The traffic report assumes 2 average daily trips (ADT) per unit. Given the nature of the proposed project and no on-site commercial facilities for basic necessities, a trip generation of 4 ADT per unit is more reasonable. The traffic report should address the adequacy of the existing CR 319 and the proposed internal roads to accommodate the traffic volumes generated by the proposed project. The report only states that the impact to existing traffic volumes (15% to 30%) is minor. OTHER The proposed project is located within the City of Rifle Watershed District. A Watershed District Permit should be obtained prior to any issuance of a Special Use Permit. RESOURCE EEEEEEEEEEEEEEEE INC. David Pesnichak Page 3 Please call if you have any questions or need additional information. Sincerely, RESOURCE - N NEERING, INC. Michael J. Eri Water Reso ces Engineer MJE/mmm 885-58.0 K:\Clients\885 GARCO\58.00avid Pesnichak 319 water co sup.doc April 15, 2008 RESOURCE •EEEE E N G I N E E R I N G I N C. ....."'F-ESURGE ■ u•.. E NI•• E N G I N E E R I N G I N C. Mr. David Pesnichak May 9, 2008 Garfield County Building and Planning Dept 108 8th Street, Suite 201 Glenwood Springs CO 81601 RE: 319 Water Company, LLC —Application for SUP Review of Supplemental Submittal Dear David: At the request of Garfield County, Resource Engineering, Inc. (RESOURCE) has reviewed the supplemental submittal by 319 Water Company, LLC, dated May 2, 2008. Our comments are presented below. WATER The applicant appears to be working on solutions to the issues. Adequate physical and legal water supply remain conditions of any approval to be met prior to issuance of a Special Use Permit. WASTEWATER The use of a design flow of 100 gpd per unit addresses our original concern. The Applicant has limited the number of units connected to each of the three ISDS systems such that the estimated average daily flow does not exceed 2,000 gpd (the threshold for review and approval by CDPHE). The project plan drawing incorrectly notes that the future units require approval from the County Health Department. The future units will require approval from the BOCC and installation of additional wastewater collection and treatment systems. TRAFFIC The driveway location required by Garfield County Road and Bridge was omitted from the original submittal. The new submittal does not include a revised design to line up with Grass Mesa Road as apparently required by Road and Bridge. The revised design should be submitted and approved prior to issuance of any permit. Please call if you have any questions or need additional information. Sincerely, RESOURCE ENGINEERING, INC, • Michael J. Er . n, P.E. Water Reso rces Engineer MJE/mrnm 885-58.0 K:1Clients\885 GARC0158.0 319 WATER CO David P review of 319 water company app.doc RECEIVED MAY 1 2 2008 GARFIELD COUNTY BUILDING & PLANNING Consulting Engineers and Hydrologists 909 Colorado Avenue IN Glenwood Springs, CO 81 801 ■ (97 0) 945-8777 • Fax (970) 945-11 37 Jun 06 OS 09:00a Jimmy Sills 970, 928. 7779 p.1 319 WATER COMPANY, LLC. 0539 JB COURT GLENWOOD SPRINGS, CO. 81601 PHONE 970. 928. 8882 FAX 970.928.7779 e-mail isills(,rof net F A C S f M L E DATE: June 6, 2008 TO: Mr. David Pesnichak FAX NUMBER.: 970.384.3470 FROM: Jimmy Sills NUMBER OF PAGES: 7 including this cover REFERENCE: SUP Conditions RE: Item # 9 West Divide Water Conservation District revised contract RECEIVED JUN 0 6 2008 GaRFIELD BUILDING & P INNING Jun 06 08 09:00a Jimmy Sills 970. 928. 7779 p.2 WEST DIVIDE WATER CONSERVANCY DISTRICT 109 WEST FOURTH STREET P. 0. BOX 1478 RIFLE, COLORADO 81650-1478 water r. wdwcd.org Tel: 970-825-5481 wdwcd.org Fax: 970-625-2796 May 30, 2008 Jimmy Sills 319 Water Company, LLC 539 JB Court Glenwood Springs, CO 81601 Dear Mr. Sills: Enclosed is your approved amended contract #040219WC(a) approved May 29, 2008. Sincerely yours, >Ai CLicl9—% \frl 0a4k. Janet Maddock Enclosure cc Division No. 5 Water Resources w/enclosure Kerry D. Sundeen, Hydrologist w/enclosure Colorado River Engineering, Inc. wlenclosure Samuel B. Potter, President Kelly Couey, Vice President Robert J. Zanella, Secretary Bruce E. Wampler, Treasurer Dan Harrison, Director Jun 06 08 09:00a Jimmy Sills APPLICATION TO AMEND WATER LEASE # 040219WC(a) WEST DIVIDE WATER CONSERVANCY DISTRICT 109 West Fourth Street, P. 0, Box 1478, Rifle, Colorado 8] 650 1. APPLICANT INFORMATION Name: 319 Water Corm:ranv, LLC Mailing address: 539 JB Court Glenwood Springs. CO 81601 Telephone: (970) 928-8882 Authorized agent_ Jimmy Sills 4. C.o\area° FS.+rrf 2. COURT CASE ars. Decree Case No. Augmentation Plan Case No. 970. 928. 7779 p.3 Contract 4040219WC(a) Map ##491 Date Activated 2/19/04 Date Amended 8/25/04 Date ArPwslded 5/29/08 5. LOCATION OF STRUCTURE Garfied -- SW County 23 E+") )11-errnp xnL. Section — - 3. USE OF WATER RESIDENTIAL NJmbor of main residences: 22 No. ADU's D Subdivision: No. constructed units: 0 No. vacant lots Borne garden/lawn irrigation of 87.582 total sq. 11, Method of irrigation: flood sprinkler X other Non-commercial animal watering of 0 animals Fire Protection X Evaporation: Iviaximum water surface to be exposed: 0 Description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: Well Sharing Agreement for nwltiple owner wells mast be submitted. If greater than twa owners, application mist be made wider a homeowners association. COMMERCIAL. Number of units: Description of use: 139.335 sf lawn /garden See Exhibit A 35 Total sq. ft. of commercial units: 157.500 INDUSTRIAL Description of use: Evaporation: Maximum water surface to be exposed: Description of any use, other than evaporation, and method of diversion, rase of dive:aion, and annual amount of diversion of any water withdrawn from the pond: MUNICIPAL Description of use: DIRECT PUMPING Tributary: Location: 4. SOURCE OF WATER Structure: _ Weil _ Structure Name: Lazier/Sills Well #2 Source: surface storage ground water X Current Permit i 61926-F (attach copy) SE Quarterfguarter 65 Township Distance of well from section tines: 850' from South L'ne 2450' from East Lire Eley aeon: 5700 93W Ranee Quarter 61i P. M. Well location address: North of Grass Mesa Road. East of CR 319 (Attach additional pages for rnulleple structures) 6. LAND ON WHICH WATER WILL BE USED (Lego! description may be provided as ar attachment.) See Exhibit B Number of acres in tract: 125 Inclusion into the Maria at Applicant ;1 expense, mev be required 7. TYPE OF SEWAGE SYSTEM Septic tanklabsorption Ieach field X Centra_' System Other District name: 8. VOLUME OF LEASED WATER NEEDED IN ACRE FEET: 16.23 (minimum of 1 acre foot except augmentation from Alsbury Reservoir where a lesser amount is allowed) Provide engineering data to support volume of water requested Commercial, municipal, and industrial users mart provide diversion and consumptive data on a monthly basis, A localizing flow meter with remote readout is required to be installed and usage reported to West Divide. Applicant expressly acknowledges it has had the opportunity to review the District's forst Water Allotment Contract and agrees this application is made pursuant and .rubfect to the ferias and conditions contained therein. J� Applicant Signa Applicant Signature Application Date: DATE APPROVED: 'Mt), ['� ��`'iY �r C'o ort:Lto t��t5?tr n eer.hel , �S.TZC c/12. C) J7{ -a Vic, WEST DIVIDE W ONSER. Ey:r ATTEST. ,Se Form : WDWCD 01-01-08 AMEND APPLICATION Printed portions of this term, except differentiated additions or deletions, have been approved and adapted by the West Divide )Fater Conservancy District Juin 06 08 09:00a Jimmy sibs WATER USE ES11MATES m w LL r IX II 'CC er unO W 6 k- 5 0 cc 4 LU 7 rx 03 La 1 0 W 0 CT • i.0 1- 4 O 1u q ig 4 la r p 3CD ▪ 0 06 U a6Vn I: 06 CO - F v] Y J CO H 4A 2 MC565 Ct r r < 11.1 t1.4 U O E 6<o_01i a 6 U U 1 M Q m 6 3 re— CA: cc I•). 1613 acre feet cu Cc c = c a Li E)0) .55:2 8 E 0 c 0 0) 0 970. 928. 7779 p.4 0 c o rir c 0� aceareaaoc0)0)' CYN I- o 0460 C,i NI 6.04 p66 Ifl 15 . VN'cm ACa Cy Oe-4yMhCNC nN1r mr S 6 6 6 6 cW N CV N C.. d ©� NhN '7145 NGccoN1- 0)40)d0) aO v0 No— co en F)6 G7cv r- un a)vr0' CY fit CV C') )u7 CD 47 0 c4 c4 O U C o O•LL 6606 ©0)0600^0,•0 ; Udo 6 c ':j 660 Ci cm G 6 6 J C 000)0)00)0)v m0 L' C11 6 6 a C9 L CV V C ("7 C 6, d: 6666 rRyN r C? a 6,C 0)0) 4 10 o r-- vCp +j N Q 6 6 R 0 0 O 'C C7 On O 45 o o. -- ovoacv na0 C. rddd'1 bD m T U (-)- N 6) N N C) � Q V? CV 6On C.1 r9 mN6 r9 Vnn On6nr- O K 'C •e1) 1D in N 41 N 10 N OA 41 11��y G N Cil We 0) 01 0) O) 0) CA 6) 0) o) 47N [V co ce CO ud c E .> 400 LL - ar6TM Cr rwrrr-•1• r r rQrrrC9) asa . 66666 6 6 6666cr 0 en 15 0,...1t6Ar-7+e-n . r-DFMtiC 6 QC 6466 607 7 C 7 co 6 6 R C] a 0)U7 Cc to 0 Mer -0-0)r«. CD CD On VC a 6 66 ada Ci ry 6CO CD 0 6 W CO Coq 6 C')0) CD 01 6 41 in C a e 6 6 6 0 nrr LU-) -- 2�z41JO W N ,^ E s� 1, a as ) C reetlno vehicle perk lir which ao arrrerxlrrranl to an imate a GRE Modified 319 Pr Jun 06 08 09:01a Jinirny Sills 970. 928. 7779 ,rm No. OFFICE OF THE STATE ENGINEER I GWS -25 COLORADgO DIVISIONerrnan OF W, Denver. ATER RESOURCES ado 80203 (303) 866-3581 p.5 EXST WELL PERMIT NUMBER 61926 _ -F DIV. 5 WD45 DES. BASIN MD APPLICANT JIMMY M SILLS 45705 HWY 6 & 24 GLENW0OD SPRINGS, CO 81602- (970)947-9511 CHANGE1EXPANSION OF USE OF AN EX1STUUG WELL APPROVED WELL LOCATION GARFIELD COUNTY SW 114 SE 114 Sectiorn 23 Township 6 S Range 93 W Sixth P. M. DISTANCES FROM SECTION LINES 850 Ft from South Section Line 2450 Ft. from East Section Line UTM COORDINATES (NAD83) East ng: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT GONDMONS OF APPROVAL This wcl] shall be used in such a way as to cause no material vrjury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from —coking relief in a civil court action. The construction of this well shall be in compliance with the Water Weil Construction Rules 2 CCR 402-2, unless approval of a vartarxo has been granted by the State Board of Examiners of Water Well Constru ion and Pump Installation Contractors in accordance with Rule 18. Approved pursuant to CRS 37-90-137(7) for the construction of a well, appropriating ground water triutary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well corner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. Vi.DWCD contract #040219WC(a). 4) Approved for the use of an existing well constructed on August 18, 2003, to a depth of 150 feet, under perrnx no. 252359 (Canceled). The issuance of this permit hersby cancels permit no. 252359. 5) This well lazier/Sifts Well no. 2, is subject to administration by the Division Engineer in accordance with applicable decrees, statutes, rules, and regulations. fi) The use of ground water from this well is fimked to lire protection, ordinary household purposes inside not more than twenty -fire (25) single family dwelling units, the irrigation of not rnore than 4,000 square feet of home gardens and lawns per residential site, drinking and sanitary facirrties inside riot more than fourty-six (46) commercial business units, inigatidn of not more ti -an 4.000 square feet of landscaping for each commercial unit. Total irrigation shall not exceed 6.52 acres (284,000 square feet) of home gardens and lawns and corrwnerciat business landscaping. 7) The pumping rate of this well shall not exceed 35 GPM. B) The annual amount of ground water to be appropriated shall not exceed 32.431 acre-feet_ 9) This welt shall be located not more than 200 feet from the location specified on this permit and at least 600 feet from any existing well, completed in the same aquifer, that is not owned by the applicant_ 10) A totalizing flow meter roust be installed on this well and maintained in goon working order. Permanent records of all diversions must be maintained by the well miner (recorded at least annually) and submitted to the Division Engineer upon request_ 11) The owner shah mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case nurrrb►er(s) as appropriate_ The owner shall take necessary means and precautions to preserve these rnarlungs. NOTE: Canceled perm& inc. 252359 was previously issued for this well 'LaiierlSi1ls Well no. 7 at this location. NOTE: Parcel Identification Number (PHI): 23-2177-234-00-512 f f,„.<5 NOTE: Assessor Tax Schedule Number, R040703 (totaling 47.20 awes) "Y APPROVED DMW Receipt No. 9501947 State Engineer DATE ISSUED 11-02-2004 EXPIRATION DATE 11-02-2005 Exhibit C 11 Jun 06 08 09:01a Jimmy Sills 970. 928. 7779 p.6 EXHIBIT B Property Description The South one-half of the Southeast one-quarter (S 1/2 SE 1/4) of Section 23, and the North one-half of the Northeast one-quarter (N 1/2 NE 1/4) of Section 26, Township 6 South, Range 93 West of the 6th Principal Meridian, County of Garfield, State of Colorado. Excepting therefrom that portion conveyed to the County of Garfield for road purposes by Warranty Deed recorded in Book 79, Page 588, as Reception No. 396777. And subject to a 60 -foot wide easement for road purposes granted by, the instrument recorded in Book 594 Page 886, as Reception No. 325720 And excepting a 35.00 acre tract of land located in the North 1/2 of the NE 114 of Section 26, T6S, R93W, 6th P.M. being more particularly described as follows: Beginning at the Southeast corner of the NE 1/4 NE 1/4 of Section 26, T6S, R93W, 6th P.M. (Being 1981 Brass Cap LS 15846) from which the East 1/4 corner of said Section bears 500°56'57" E 1316.52" (being a 1974 County Surveyor Cap), thence S89°40'29" W along the South line of the North 1/2 NE 1/4 of said Section 1893.65' to the East line of County Road #319; thence N25°25'05" E along the said road line 400.00'; thence N89°40'29' E parallel to the said South line of the North 1/2 NE V4395.88' to the West line of the said NE 1/4 NE 1/4; thence N01°00'11" W along the said Westline of the NE 1/4 NE 1/4661.73'; thence N89°4029' E parallel to the said South line of the North 1/2 NE 1/213`220' to the East line of the said NE /4 NE 1/4; thence 500°52102" E along the said East line of the NE 1/4 NE 1/4 1022.03' to the point of beginning. Basis of bearings is the East line of the SE 1/4 of said Section which is taken from a global positioning satellite observation to bear N00°4714" W a distance of 2634.01' (the Southeast corner of saki Section being a 1981 cap LS 15846). Contains 35.00 acres more or less. Page 1 of 1 Andy Schwaller From: Andy Schwaller Sent: Tuesday, May 20, 2008 1:23 PM To: 'Jimmy Sills' Subject: Grading Permit--R.V. Park Jimmy, I checked the conditions to your SUP. The Rifle watershed permit would also need to be in place prior to issuance of the grading permit. Regards, Andy Schwaller, Building Official Garfield County, CO 970.945.8212 5/20/2008 Andy Schwalfer From: Andy Schwa!ler Sent: Tuesday, May 20, 2008 8:04 AM To: 'Jimmy Sills' Subject: RE: Grading Permit Attachments: GRADING PERMITS.doc; Grading Permit Req.pdf Jimmy, Page 1 of 1 In addition to an updated site plan, see the attached requirement lists. Your engineer should be able to help you with this. The storm water permit will need to be in place prior to any additional work. Thanks, Andy From: Jimmy Sills [mailto:jsills@rof.net} Sent: Tuesday, May 20, 2008 7:44 AM To: Andy Schwa!ler Subject: Grading Permit Andy - Is the application for the grading permit in the process to be issued? If not what is missing with it? Thanks, Jimmy Sills 539 JB Court Glenwood Springs, CO 81601 970-928-8882 jsills@rof. net 5/20/2008 GARFIELD COUNTY GRADING PERMITS REQUIREMENTS AND GENERAL INFORMATION As of October 1, 2004 as per adopted Resolution #2004-86, grading permits are required. A permit is required for any excavation, grading, or earthwork construction including fills and embankments. Perrnit applications can be obtained and submitted to the Garfield County Building and Planning Department. Utility location is required prior to any grading. See below for additional information. Permit application and submittal requirements: 1. Completed application 2. Site plan 3. Soils report All permits must comply with the following requirements: 1. Appendix J 2003 International Building Code (IBC) as amended. 2. Geologic Hazard Regulations Sec: 5.11 of the Garfield County Zoning Regulations. 3. Applicable Colorado Department of Public Health and Environment, Water Quality Control Division requirements. Fees: Major Grading -over 10,000 sq. ft. or over 300 cu. yds $400.00 Minor Grading -less than 10,000 sq.ft. or under 300 cu. yds... $150.00 Attachments: 1. Permit Application. 2. Appendix J 2003 IBC. 3. Amendment to Appendix. J. Professional Letter Andy Schwaffer From: Jeff Nelson Sent: Friday, September 23, 2005 9:25 AM To: Andy Schwaller Subject: gen regs.doc Page 1 of 2 A Qom,,, axyrss A :4t<F i will start handing this out to the applicants for their better understanding of the process Date: Project: County Friday, September 23, 2005 Engineering Department review. General requirements and guidelines for preparation of a Grading Permit prior to Garfield To Whom It May Concern: Garfield County Engineering Department uses the following regulatory agency permit. When preparing the grading permit application please refer to these regulations edr guidelines s when e to, expedite permit review process. 1. Garfield Count the County grading permit requirements. 2. Appendix J of the 2003 International Building Code (IBC). 3. National Pollution Discharge Elimination System (NPDES) requirements. 4. Garfield County Engineering submittal package guidelines. 4.7. NPDES SWMP shall be delineated on all grading plan drawings. 4.2. NPDES BMP's shall be delineated on all grading site plans. 4.3. Erosion and sediment control devices shall be delineated on grading site plans. 4.4. Detailed drawings for all BMP's and sediment control devices. 4.5. Submit two sets of 24x36 plans with a cover page delineating the plan set as arading permit application with application number clearly visible in title, 9 5. Grading permit application review process outline:: 5.1. Request a grading perrnit application from Garfield County Building and Planning. 5.2. Submit the completed permit application to Garfield County Building and Planning Chief Building Official. 5.3. Garfield County Building and Planning forwards the permit application and submittal package to Garfield County Engineering Department for preliminary review B 5.4. Garfield County Engineering returns preliminary review comments to Garfield Countyg Chief Building Official. Review comments are forwarded on to the applicant 5.5. Preliminary Review comment revisions are re -submitted to Garfield County Buildingand Building and Planning 5.6. Garfield County Engineering performs a final review after submittal package is forwarded from as County Planning Fas necessary. Building and Planning. This additional step is negated if the preliminary submittal package is suffici w. a final revie 5.7. When the final review is completed by Garfield County Engineering a letter of acceptance ent td of grading design sign is in sent to Garfield County Building And Planning Chief Building Official 1L1J C. ISF11-IE S." SURVEY 160 ACRE PARCEL E - s 02-33-40- 137,48.4.i" :1 E MAMH CREEK commoms, LLC. 51.10247- ACRES -0.8614-/- ACRES (319 ROW> 50.541/- ACRES (TRIAL?,„. - sr' LJ Ct icittST. 135',97.47 E 111 I r:E CC. 1r;-: S1,72§7 E-5-XfUr 7412_ 5,m1M- ,s5 319 PROPERTIES, LLC. 1:4 3a.053 ACRES .43 -2-928 ACRES (319 Fan aJiACRES ETIPAL) 1 1.11 / 11 :L..' • •,?' 12 14-1.1.1. 5 8.T.i!e51- 7-16.0.' 11, 32 7 t- :) te 319 WATER COMPANY, LLC. 35.745 +1- ACRES (eAsts or sE)RINGS) W 199-4,1: 10" -3EZZTS 'Akin' VASilkilr/ 1/1 lb ltD MAMM CREEK COMMON, LLC. 319 PROPERTIES, LLC. 319 WATER COMPANY, LLC DALBO, INC. • 51.402 ACRES 38.053 ACRES 35.745 ACRES 34.800 ACRES 400 FERT • 319 WATER COMPANY, LLC. 0539 JB COURT GLENWOOD SPRINGS, CO. 81601 PHONE 970. 928. 8882 FAX 970.928.7779 e-mail isills(4)rof.net February 2, 2007 Mr. Fred Jarman Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 RE: Special Use Permit Application Rifle, Colorado Dear Mr. Jarman, Enclosed herewith please find our application and related information for a Special Use Permit allowing for a Camper / RV Park on 35.75 acres of land located on CR 319 in Garfield County, Colorado. This land is currently zoned A/RJRD and pursuant to Section 3.02.03 of the Garfield County Zoning Resolution of 1978 qualifies for a Camper Park as a Special Use. In reviewing the Regulations the following issues received special attention due to their importance as related to the health, safety, and well being of the parks tenants and the impacts of the project upon adjoining property owners. Domestic Water S stem and Fire Protection Colorado River Engineering has reviewed the requirements of the State of Colorado Department of Public Health and Environment (CDPHE) and designed the proposed system to meet those requirements. Information related to the water system is provided within Tab 4 of this application which indicates the system will be operated as a Non - Transient, Non -Community system upon completion. RECEIVED FEB 0 5 2007 G t rEL J COUNTY BUILDING & PLANNING Sanitary Sewer System Bullseye Engineering designed and will provide testing and inspections of the Individual Sewage Disposal Systems (ISDS), as required by the State of Colorado and Garfield County. Trac Impacts The lessee of the RV Park is working on plans, which will provide busing transportation from the site to the projects. Bullseye Engineering has provided a separate traffic report in the event the busing option is not used. There is a definite need for a project of this design in order to provide workers involved with gas development the opportunity to have their families with them while working in the area rather than being forced to live in the man camp facilities being proposed by the gas industry companies. Man camps may provide the companies with benefits but having ones family close by is a far greater benefit to Garfield County and the workers. This application helps with that goal as affordable housing is simply not available at this point in time. Sincerely, .Timmy Sills • 319 WATER COMPANY, LLC. 0539 J8 COURT GLENWOOD SPRINGS, CO. 81601 PHONE 970. 928. 8882 FAX 970.928.7779 e-mail jsills a ruuf.net January 11, 2008 Mr. David Pesnichak Garfield County Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO. 81601 RE: SPECIAL USE APPLICATION Dear David, Thank you for your time and input on the previous application we submitted for a Special Use Permit for a RV Park on a piece of land located approximately 1 mile south of the Garfield County Airport on CR 319. We have taken care to assure the items identified in your letter dated March 26, 2007 have been addressed including 1. A traffic study which was prepared by Bullseye Engineering and included as Exhibit B of this application. 2. There will be no tent/camper spaces provided as a part of this application. There will be 100 spaces constructed for use of self contained RV's. In reviewing Section 5.02 I believe all of the items related for this project to be in technical compliance have been addressed. Easements for access and utilities are identified on the plans. An electrical system will be provided by Xcel for the primary service and service to each site will be installed by a State approved electrical contractor. Xcel is awaiting authorization for engineering which requires SUP approval prior to design. 3. A title commitment is included within the Tab 3 of this application pursuant to your request. 4. The applicant is the manager for the entity preparing this application and a letter of authorization is included as a part of the Tab 1 documents. 5. Specifically addressing the requirements of Section 5.03 please consider the following brief summary of information which is more fully addressed in the application; 5.03 (1) Engineered design and plans are provided in this application as Sheet 1 of I titled Domestic Water System and Plans Sheets 1 of 4 through 4 of 4 titled ISDS Design. These improvements will be constructed upon approval of the SUP and approved by the designing engineer with a letter stating approval provided to Garfield County when. completed. The water system will be submitted to the State of Colorado for a reclassification from a Transient Non Community Water System to a Community Water System as more fully discussed within Tab 4 of this application. 5.03 (2) Road construction and improvements required are designed and included in the plans provided titled Sheet 1 of 1 titled Road Layout. As with the utilities construction inspections and approval will be under the supervision of the designing engineering firm. 5.03 (3) The design of this RV Park definitely considered the existing natural features of the land and will require minimal improvements as far as landscaping and impacting the adjacent landowners. There will be no lighting included in the construction of the park so that no interference to the Garfield County Airport operations will occur. One sign will be provided at the entrance off of CR 319 and this sign will be constructed in the same design and manner as the signs existing in the area. The uses of the adjacent properties south of this project is currently industrial in nature. 6. Specifically responding to compliance with Section 5.02.10 (1) the physical capabilities of the existing well was determined by Resource Engineering to produce 35 GPM as a result of the 24 hour pumping test. This report future recommends 30,000 gallons per day can be used for planning purposes which exceeds the 10,000 GPD required under this regulation. A 20,000 gallon storage tank will be provided within the request to the State for the reclassification of the projects water system in order to provide water service in event the well pump is down for any reason. A brief history and supporting information on the water system is included within Tab 4 of this application. 7. The layout required for Section 5.02.05 (3) is included on the plans provided and the driveway permit is included as Exhibit A. There are no designated walkways other than from the individual RV space parking area to an entrance location of the RV. This walkway shall be graveled. Exhibit F of the application indicates a typical site layout will meet the requirements of Section 5.02.07 (2) (B). Length and widths of each space varies however the minimum area of each site will exceed the requirements of this section. Positive drainage will be provided for each space driveway directed away from the graveled RV space. The graveled driveway used for vehicle parking area of each space will be maintained in a rut -free and dust -free condition and exceed the 20 ft. requirement of Section 5.02.07 (3). Design of the roads beyond the individual spaces is included on the plans which meets the requirements of this section. Parking on the roads will not be permitted. 8. There will be no camper spaces so this item does not need to be addressed. Hopefully the above and information completely addresses your concerns with regards to the technical compliance of the application. We will appreciate your review and scheduling a meeting with the BOCC as soon as possible. As always time is a concern and this is something I should have dealt with last year. Definitely my problem for not doing so. There is an important need to furnish the workers which will be coming into our area this spring with housing as we all know and I believe this project will help. We will be doing everything possible to provide 30 of spaces around the Ig of May and may need to request permission to haul in domestic water to the storage tank while waiting for the new State classification of our water system to a Community Water System. This is an item I would like to discuss with you in the near future. On a related item I am working with a possible lessee for this park and they have indicated a need for employee parking with bus service to their work site. This request will be forthcoming and include plans for 24 hour security. The security provided will be extended to the RV Park of this application and a great benefit. One thing I have learned is that the companies related to developing our oil and gas fields have a very strict no nonsense policy as far as employees' safety and compliance with rules and regulations. This of course is a very good thing for everyone and I am looking forward to working with you on this next request which will greatly lessen the impact on our road and highway systems in addition to the security benefit. I look forward to scheduling a meeting with you to review this submittal at your convenience. Sincerely, Jimmy ills Mr. Jimmy Sills Mamm Creek Commons 0539 JB Court Glenwood Springs, CO 81601 Tel: 970-928-8882 Subject: Lazier Sills Well #2, CO — Proposal for Uranium Removal Jimmy, February 15Pth, 2008 We appreciate the opportunity to provide you with pricing for WRT's Z-92TM Uranium Removal System. WRT and RMD provide a total solution for uranium removal from drinking water. WRT provides the process equipment and treatment media. RMD provides the exchange and safe disposal of used media. WRT's Z-92TM Uranium Removal System is designed to be added to any new or existing potable water system. Water passes through treatment columns where Uranium is removed and gross alpha is reduced. After the media is loaded with uranium, it is removed from the circuit and transferred to a uranium processor for use in the fuel cycle, at which time the long term liability ends. This complete process is handled by RMD. Advantages of the WRT Z-92TM Uranium Removal System include: • Nothing is added to the water. No chemicals are added in the treatment process, and nothing is imparted into the water during the treatment process. • No liquid waste stream is generated by this process; this is a zero liquid discharge system. • Transfer of residual material to a processor for use in the fuel cycle. • Minimal Maintenance and Operation required, only routine sampling and monitoring. No handling of radioactive materials, media or chemicals by Utility personnel. • Z-92TM Media is NSF, Standard 61 certified for use in drinking water applications. • Guaranteed process performance. FROM SOURCE TO SOLUTIONTM 9500 W. 49th Avenue, Suite 0100, Wheat Ridge, CO 80033 • Tel 303.424.5355 • Fax 303.425.7497 Email: rpeterson@wrtnet.com • web: vnvw.wrtnet.com This proposal is based upon WRT/RMD providing a complete Z-92TM Uranium Removal System, including equipment and media. The equipment is comprised of a skid unit with two tanks which contain treatment media, in addition to connection piping, valves, controls and instrumentation. This equipment is delivered to the treatment site by WRT. WRT delivers and RMD installs media as required directly into the treatment vessel at the treatment site as required. All handling of media is done by RMD. In summary, WRT/RMD will provide the following for equipment: • Design and provide WRT Z-92TMtreatment system at one treatment site. • Monitor the installation of system. • Provide Operator training and Operation and Maintenance Manuals. • Handling of all media. • Installation of media. • Obtain all permitting required for radioactive materials. • Meeting the current MCL for Uranium. WRT/RMD will provide the following for media exchange: • Handling of all media. • RMD removes used media out of the treatment vessel and prepares it for shipment. • Replacement of media. • Transport and disposition of used media. The Utility will provide the following: • Provide water at current water quality and specified pressure. • Site for treatment system. • Building to house system. • Installation of equipment at treatment site. • Site access for media loading and unloading. • All permitting and approvals other than for radioactive materials. • Maintain site, excluding WRT treatment system. • Provide utilities to operate system. • Property taxes, use fees. • Sampling and daily monitoring. • Compliance analytical fees (analysis of samples required for regulatory compliance). Terms of Contract • WRT/RMD will exchange the media when required • Media exchange provided on a cost per exchange • Media exchange charge will be adjusted annually, based upon the Consumer Price Index (CPI) FROM SOURCE TO SOLUTION", Based on the water quality information you provided, we have prepared a cost for the treatment of uranium to meet the 30 pg/L standard. Provided below is pricing, based on the following design criteria: Mamm Creek Commons, CO (Lazie Hydraulic capacity of WRT system Average daily usage for this site (base gallons) Uranium level in the water to be treated Sills Well #2) Number of sites/treatment locations in this proposal Required Uranium level of treated water Firm Cos Total cost for treating water including capital equipment, operating media, exchange and proper disposal of media as detailed herein. * 35 GPM (gallons per minute) 1.825 MGY (million gallons per year) 57 pg/L avg. 1 site 30 pgfL (MCL) 108,500.00 equipment cost. $26,250.00 per media exchange. * This proposal is based upon today's costs, and is valid for a period of 35 days unless stainless steel prices go up drastically, which would cause WRT to revise this pricing. Equipment delivery is approximately 4 weeks after receipt of signed contract and approved drawings. The Utility will be required to provide a site and housing for the equipment as required for weather and security protection, installation, electrical service and power, connection piping into and out of the system, and any site engineering, bonding and permitting. Note that taxes are not included. Please note system is warranted for a 1 -yr period. Equipment service is not included but a maintenance contract is an option. The estimated runtime before an exchange is required is 1052 days at the 1.825 million gallons a year. Increased utilization will reduce the amount of runtime between exchanges. We look forward to the opportunity to discuss this proposal with you in detail and please feel free to contact me with any questions or comments and thank you for your interest in WRT. Best Regards, Ryan Peterson Central Region Sales Manager Water Remediation Technology, LLC FROM SOURCE TO SOLUTION 4 4 6 a <__ eNidelIHS u_m _ _.a m. _3A0 441.0t4S IlVb 0 __ 1__ ,SA b »m __ FLOW RATEIGPIAI §) k§ #R|E@ § & ■ b a \ E) Itij B) SECONDARY CUSTOMER TO INS B VERY TO 2 i J L. : OVERALL WIDTH E\ asp11VAO sem© 1 E 11 1 1 1 1 1 I 0 I AS LHOf9M ruc/Lm3d0 m LH913N5 010ICI 1❑ 0 `JNIddIHS m m a L13.13141V11:1 3dld 1VNIVPON 1H013H Tret13A0 H19N31 77Vl13A0 H.LOIAA T1Mi3A0 1H913H 1SS3A 30 801 1H13H 13SS3A M3L3WVI0 13SS3A W 6 H 2 J 11! 8 1.^ 1 I P T • 1 p 1 l E T .LH913H TIVH3A10 0 0 a A • • • • .. 1 0 [ • 0 1 1 • - 1 u 1 iH913M NOLLY'd2d0 1 j a [ u 1 • m 0 0 0 m 1H913M ONIdd1H3 2f3i3WM0 3dld 1 IWON 1H0f3H TE4i3A0 H10N31 111fd3A0 H101M TIVHIRAO 1H013H 13683A dO dO1 1HO13H 13553A U313WHf0 13563A 9 0 0 0 fa f° o 6 i6 O. a 0 to i. m a m ai 6 6 6 g. Fr lou H (1) O z 2 zx0 0 Z 40 (2 OVERALL LENGTH fel u. 0L."0 41x 4 1H9IOH 71Y83h0 Bullseye Engineering, Inc. 2 154 Acacia A vc Iliac, co 81650 (970) 625-8371 rax:(970)625-61220 February 18, 2008 Jimmy Sills 539 JB Court Glenwood Springs, CO 81601 Rla: Mamm Creek Domestic Water System BE] Project No.: 2061029 Dear Jimmy, This letter is to notify you that Bullseye Engineering, Inc. is in the process of designing For the domestic water supply system for the above referenced project This will include any necessary additional distribution system connecting to the existing distribution system and storage capacity requirements. This will be completed to the level required by the CDPHE for a public water system. if you have any questions or need additional information please feel free to contact me at your convenience at 625-8371. Sincerely, Jeff Odor, F.E. Bullseye Engineering, Inc. President May 01 08 11:52a Jimmy Sills 970. 928. 7779 p.1 319 WATER COMPANY, LLC. 0539 JR COURT GLENWOOD SPRINGS, CO. 81601 PHONE 970. 928. 8882 FAX 970.928.7779 e-mail isillsrof.net F AC S I M L E DATE: May 1, 2008 TO: Mr. David Pesnichak FAX NUMBER: 970. 384. 3470 FROM: Jimmy Sills NUMBER OF PAGES: 3 including this cover REFERENCE: I st Draft of Rules & Regulations David for your review and comments please find our initial Park Operations draft. In the event I have overlooked anything you want addressed now. Please let me know. RECEIVED MAY 0 1 2008 GARFIELD COUNTY BUILDING & PLANNING May 01 08 11:52a Jimmy Sills 970. 928. 7779 p.2 Management Responsibilities Upon registering a new tenant the park manager shall provide the lessee with an emergency contact information document that shalt include: Fire Department contact number Sheriff Department contact number Park Manager contact number Other contact numbers as may be applicable Upon registering a new tenant the park manager shall provide the lessee with a copy of the Approval Conditions of the Special Use Permit. A review log will be maintained indicating not less than weekly verification of fire hydrants, hoses, and fire extinguishers at each site location. The park manager shall be in charge at all times to keep the park, its facilities and equipment in a clean, orderly and sanitary condition, On a daily basis the park manager shall verify that no trash or refuse is left outside of the durnpsters and that dumpster gates and lids are closed. These containers shall be picked up on a not less than weekly basis by a company regularly engaged in this business. All dumpsters on the property shall be wild -life proof. The park manager shall enforce the Solid Waste Management plan, The park manager shall be responsible for making arrangements to treat the gravel surfaces within the park with an approved dust suppressant periodically and maintain roads in a rut free condition. The park manager shall be responsible to comply with the Vegetation and Weed Management plan. A Code of Conduct Document for Employees Related in the Gas Development This document will be provided in the near future when received May 01 08 11:52a Jimmy Sills DRAFT 970. 928. 7779 10.3 Park Operations and Management Plan This Park operates as a zero tolerance park and as such any violations of these rules and regulations shall result in immediate termination of this contract and removal from the park facilities without exception. By signature hereon I understand and agree to this termination clause of the contract: Dated this day of , 2008 Printed name Signature Tenant Rules & Regulations 1. There shall be no noise offensive to any other park tenant permitted on the property at any time. 2. At no time shall camp fires or barbeques be left unattended. Barbeques and fires in permitted pits shall be fully extinguished upon cornpletion of use. Barbeque equipment shall be kept clean and put away. 3. No pets shall be allowed to run loose and shall not be a nuisance to other tenants. Pets must be on a leash or otherwise controlled when outside of your RV. Due to the concern of protecting wildlife there shall be no exception to this rule. 4. A maximum of two (2) animals per space shall be strictly enforced 5. Firearms are not permitted outside on park or adjacent properties. 6. All trash and!or refuse shall be placed in the dumpsters provided and dumpster covers shall be kept closed at all times. 7. Bach site is provided with a yard hydrant and lOOft. of hose permanently attached for use in case ofa Class A fire and shall not be used for any other purpose. 8. A fire extinguisher is attached at each yard hydrant for use in case ofa Class B or Class C fire and shall not be used for any other purpose. In the event this fire extinguisher is used, immediately notify the park manager for replacement. 9. Unless connected to a manufactured barbeque all propane tanks shall be kept in a location where they are not subject to damage and combustible materials are to be kept a minimum of 10 feet away from the tanks 1 1 1 1 1 1 1 REVISED & SUBMITTED 319 WATER COMPANY, LLC SPECIAL USE PERMIT CAMPER/RV PARK February 2, 2007 1 1 1 1 1 1 1 1 1 1 January 10, 2008 3 APPLICATION Authorization Letter Application Form Fee Schedule PROJECT INFORMATION Project Overview Comprehensive Plan Zoning Resolution Review DOCUMENT REQUIREMENTS Articles of Organization Legal Description Title Policy Adjacent Land Owners Mineral Rights DOMESTIC WATER Water Supplementary Regulations Well Permit WDWCD Water Contract Well Sharing Agreement EXHIBITS A. Driveway Permit B. Traffic Report C. Percolation Test D. Drainage Information E. Fire Protection Summary F. Typical Site Plan G. Vegetation Report Boort 1 319 WATER COMPANY, LLC. 0539 JB COURT GLENWOOD SPRINGS, CO. 81601 PHONE 970. 928. 8882 FAX 970. 928. 7779 e-mail isiilsfa,rof.net August 3, 2007 Mr. David Pesnichak Garfield County Building & Planning Department 108 8'h Street, Suite 401 Glenwood Springs, CO. 81601 RE: SPECIAL USE APPLICATION LETTER OF AUTHORIZATION Dear David, Pursuant to the included Articles Of Organization Of 319 Water Company, LLC this is to verify Jimmy Sills is the manager for this LLC and as such is authorized to submit and act as the authorized agent for the LLC in pursuing a Special Use Permit for the property, Sincerely, Jimmy Sills, Manager 1 1 1 1 1 1 1 1 1 1 1 1 1 1 t 1 ARTICLES OF ORGANIZATION OF 319 WATER COMPANY, LLC `F TOR ()F S Tirz 19:24 Pursuant to § 7-80-203, Colorado Revised Statutes (C.R.S.), the individual named below causes these Articles of Organization to be delivered to the Colorado Secretary of State for filing, and states as follows: 81601. ARTICLE 1. NAME The name of the limited liability company is 319 WATER COMPANY, LLC. ARTICLE 2. PRINCIPAL OFFICE The principal office of the Company is at 45705 Highway 6 & 24, Glenwood Springs, CO ARTICLE 3. PURPOSE The Company is organized for any lawful business or activity pursuant to the provisions of the Colorado Limited Liability Act. The Company shall have and exercise all powers necessary or convenient to effect any or all of the purposes for which the Company is organized. ARTICLE 4. INITIAL REGISTERED OFFICE AND AGENT The street and mailing address of the initial registered office of the Company is 45705 Hwy. 6 & 24, Glenwood Springs, CO 81601. The name of the initial registered agent at such address is Jimmy Sills. Either the registered office or the registered agent may be changed in the manner provided by law. ARTICLE 5. MANAGEMENT Management of the Company shalt be vested in the managers. Articles of -Organization Page 1 of 1 ARTICLE 6. INITIAL MANAGER The name and business address of the initial manager is: Jimmy Sills 45705 Hwy. 6 & 24 Glenwood Springs, CO 81601. ARTICLE 7. LIMITATION OF LIABILITY Members of the Company are not liable under a judgment, decree, order of a court, or in any other manner, for a debt, obligation or liability of the Company. ARTICLE 8. EFFECTIVE DATE These Articles of Organization shall become effective upon the date filed with the Secretary of State of the State of Colorado. ARTICLE 9. FILER OF ARTICLES The name and address of the individual who causes this document to be delivered for Kling, and to whom the Secretary of State may deliver notice if filing of this document is refused, is: Timothy A. Thulson Balcomb & Green, P.C. P.O. Drawer 790 Glenwood Springs, CO 81602. Dated this 7th day of January, 2004. Articles of Organization Page 2 of 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 GARFIELD COUNTY Building & Planning Department 108 S' Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945-8212 Facsimile: 970.384.3470 www.. qa rfi etd-county . corn Special Use Permit GENERAL INFORMATION A Street Address / General Location of Property:}, P, ' / i.=500.r7d" Legal Description: r , jr?s7 j4j A Existing Use & Size of Property in acres: Vle-ftl/7 1>C5---40- P512 - A Description of Special Use Requested: C- + �647,o0'�-. ' Zone District: %/,/2 A Name of Property Owner:. Jj9 ; 471-.0 .4e efdaeine7474, - A Address: 06 `r p2- Telephone: _ J'a._ y City:. State: Zip Code:449 FAX 7p,9 A Name of Owner's Representative, if any (Attorney, Planner etc): Address: Telephone: 5P8 - City:4 sre/ j, 045, State: 4 Zip Code: `J/y_ FAX),7, STAFF USE ONLY A Doc- No.: Date Submitted: TC Date: A Planner: Hearing Date: 1 I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to ail the following items below and attach any additional information to be submitted with this application. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the subject property and all public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, private and pubic, and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the County Assessor's Office. You will also need the narnes (if applicable) of all mineral interest owners of the subject property, identified in the County Clerk and Recorder's records in accordance with §24-55.5-101, et seq. (That information may be found in your title po{icy under Exceptions to Title). 6. Submit a copy of the deed and a legal description of the subject property. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 8. Submit a statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; 9_ Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5003.07 & 5.03.08], Accessory Dwelling Units [section 5,03.21], Utility Zine/Utility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at http liwww.garfieid-countv.comibuildinq and planningiindex.htm, or information can be obtained from this office 10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 11. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. Il. PROCEDURAL REQUIREMENTS (The following steps outline how the Special Use Permit Application review process works in Garfield County.) 1. Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. In addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Special Use. (If Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed special use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described in the paragraph above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is dearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements above and have provided the required attached information which is correc nd accurate to the best of my knowledge. Si : ture of Property Owner) Last Revised: 07/2007 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include an Agreement for Payment Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The complete fee schedule for subdivision and land use applications is attached. GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. TYPE OF PROCEDURE Vacating Public Roads & Rights -of -Way Sketch Plan Preliminary Plan Final Plat Amended Plat Exemption from the Definition of Subdivision (SB -35) Land Use Permits (Specia! Use/Conditional Use Permits) • Administrative/no public hearing • Board Public Hearing only • Planning Commission and Board review & hearing Zoning Amendments • Zone District map amendment • Zone District text amendment ■ Zone District map & text amendment ■ PUD Zone District & Text Amendment • PUD Zone District Text Amendment Board of Adjustment • Variance • Interpretation Planning Staff Hourly Rate • Planning Director • Senior Planner • Planning Technician • Secretary County Surveyor Review Fee (includes review of Amended Plats, Final Plats, Exemption Plats) Mylar Recording Fee Page 2 BASE FEE $400 $325 $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey $200 $l00 $300 $250 $400 $525 $450 $300 $500 $500 $500 $250 $250 $50.50 $40.50 $33.75 $30 Determined by Surveyor$ $ l 1 -- 1 ss page $10 each additional page The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below, 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. 9. This fee structure shall be revised annually as part of the County budget hearing process. Page 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and 3%, L .414 (hereinafter APPLICANT) agree as follows: 1. PLICANT has submitted to COUNTY an application for jt -,t:/ (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT atu re Date: ,/,/,07/4,25-- , f ,nom 5::714,4‘ Print Name Mailing Address: 10/2004 Page 4 1 1 1 1 319 WATER COMPANY LLC 0539 JB COURT GLENWOOD SPRINGS. CO 81601 PH. (970) 928-8882 Mbar*. usbenkoom -, k/#'4 - u"00 70 23e 1: LO 20000 2 Li: L 59 L0,At6 3 3091' 319 WATER COMPANY LLC 0539 J8 COURT GLENWOOD SPRINGS, CO 81601 PH. (970) 928-8882 ®bank. Kyr Sir sv.Ur" - — -, embank -cam "00 70 21,0 LO 20000 2 Li: l . 9 L0096 3 30190 7023 23-2.1024 7024 232-1020 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 NOTES RECEI P RECEIVED FROM 1 [Q L ACCOUNT HOW PAID ANI I OF ACCUI NI CASH PAID BALANCE DUE CAD CHECK MONEY ORDER BY 1)01 • BirlM. NOTES RECEI t *ATE q NO 6j53692 RECEIVED FROM � CIO - [. ADDRES FOR BY ttlr) FEnF nw L ant. COUNT V f HOW PAID AMT. Of ACCOINT C+C`�H PAIDj �% ■ j HECK42k I """C '�Y BALANCE Iiur MONEY ORDER BY ttlr) FEnF nw L ant. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 REQUEST PROJECT INFORMATION To obtain a Special Use Permit for a Camper Park consisting of 100 Camper Spaces for accommodating Camper Vehicles and Camper Trailers as defined in Sections 2.02.06, 2.02.11, 2.02.12, and 2.02.13 of the Garfield County Zoning Resolution of 1978. PROPERTY OWNER 319 Water Company, LLC. APPLICANT 319 Water Company, LLC. Jimmy Sills, Manager LOCATION Approximately 1 mile south of the Garfield County Airport on County Road 319 SITE SIZE 35.75 Acres more or less WATER Central Water System SEWER ISDS EXISTING ZONING A/ R/RD SURROUNDING ZONING A/R/RD 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1. APPLICATION HISTORY This Application, originally submitted on February 02, 2007, is resubmitted and addresses the incomplete Technical Compliance items identified in the Building & Planning letter dated March 26, 200`7 The Zoning Resolution of 1978 as Amended provides the Board with the option of referring Special Use Permits to the Planning Commission for their recommendation in a public hearing per Section 9.03. The. applicant requests this referral be waived as the BOCC has approved SUP request;; for adjacent lands without requiring a Planning Commission review thereby setting, a president for BOCC review only. 11. DESCRIPTION OF THE PROPOSAL The applicant proposes to build and c perate a Camper A RV Park on the 35.75 acre parcel. Currently Garfield County lacks adequate facilities for this type of temporary housing. As a part of this request the applicant has addressed drinking water, sanitation, sewage disposal, emergency access and other issues identified in an article published in the Grand Junction Sentinel. These issues were brought forth by the Garfield County Planning Department as not being addressed with the man -camp type operations currently being utilized at well drilling sites throughout Garfield County. The hours of operations are proposed to be 24 hours, 7 days a week, however, limits on activities which may cause excessive: noise will be posted and enforced to reasonable hours for the benefit of the tenants in the park. 111. SITE DESCRIPTION. The topography of the 35.75 acre site generally slopes westerly in direction, is composed geologically of loess wind blown soils, and is partially covered with sagebrush, pinion, and juniper trees. The adjacent land uses are considered to be medium to heavy industrial uses except the land adjoining the northern boundary which was planned as a mobile home park many years ago. Other nearby uses include r3latively large properties consisting of grazing and pastureland. Most of the property surrounding the subject site is privately owned. The Iand within the permit boundary and surrounding areas are not within the 100 year flood plain. A drainage plan study oi' the area has been previously prepared by High Country Engineering and is included herewith as Exhibit D. The plans provided with this application includes a site specific drainage plan. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1V. COMPREHENSIVE PLAN REVIEW STANDARDS Land Use Maps: The property lies within Stunt' ,4reu 3 and is designated on the land use map as: Outlying Residential, 2 acre minimum. Pursuant to Section 3.02.03 of the Garfield County Zoning Resolution of 1978 the requested use is allowed with an approved Special Use Permit. Text of the Garfield County Comprehensive Pian of 2000 considers the following Goals which apply to the proposal Goals: To provide all types of housing that ensures current and future residents equitable housing opportunities which are designed to provide safe, efficient residential structures that are compatible with and that protect the natural environment. Even though this proposal does not provided fired structures for housing, the design of the proposal certainly considers protection of the natural environment its evidenced ►s'ith the .site lay -out, which has care fully considered the existing trees. This design does not consider how many sites can he created meeting the 20. foot centerline separation, but rather, how can sites be established and yet protect existing conditions. V. ZONING RESOLUTION REVIEW STANDARDS Special Uses are subject to the standEirds in Section 5.00 of the Zoning Resolution. 5.02 MOBILE HOME PARK AND CAMPER REGULATIONS 5.02.03 Application: An application shall be filed in triplicate with the County Commissioners for establishment of a mobile home park or addition to an existing park subsequent to the effective date of this Resolution. Such application shall set forth the following information: (1) Name and address of the person who shall own the park: 319 it ater Co»►pa►r,t'. LLC. fiurnE Sills .Ilam;'er 0539.1B Court Glen►voorl Springs, CO. 816111 (2) Location and legal description of the park: .4pproxintutely 1 mile south of the Garfield County .airport on County Road 319. The site locution is identified on the plans snbinitted and the complete legal description is included within Tab 3 of this application. Site plan of the park: %ite plan indicating the requirements of a site plan is provided with this application (3) 1 1 Plans and specifications for all improvements to be constructed within said park: Provided on the pl tits and Exhibits submitted hererr•ith. Such further information as may be required by the County Commissioners to enable them to determine if the proposed park or addition will comply with requirements of this Resolution and other applicable codes ani regulations. 5.02.05 Site Plan for Mobile Home Park and Camper Park: General Requirements: (1) Access: the park shall have access to a public street or highway; 1 eeess is provide': from ['R 319, pursuant to the Driveway Permit plic atr"rirr i►relud V herewith as Exhibit A. (2) Drainage: the park shall be located on a well -drained site, graded for rapid drainage and fee from stagnant pools of water; The Typical Site detail submitted as Exhibit F indicates compliance with this requirement for I/O! camper sites.. (3) Layout: the applicait shall also show on the plan all entrances and exists to the park, driveways and walkways and the design and arrangement of all inobile home spaces and any included service buildings. Commer' ial facilities included or proposed as part of a park shall be princhally devoted to serving occupants of said park The requirements o/ this section are met and indicated on the plans. 5.02.07 Site Requirements Applicable Only to Camper Parks: (1) Setback: Minimum setback requirements of the applicable zone district regulations shall be observed on the periphery of the park; Setbacks pursuant ro Section 3.112.1)6 are indicated on the plans. (2) Camper Spaces: (A) The area devoted to each camper space designed for tent camping shall be adequate to accommodate the following facilities and special requirements: Each space shall be provided with a fireplace or fire circle, a picnic tabid and a well -drained reasonably level tent site. 1 The minimum on -center distance between tent sites shall be twenty (20) feet. Each : pace shall provide a gravel parking space. Adequate traffic barriers s;iall be provided to confine vehicles to driveways and parking spaces. There are no tent site included in this applications. (B) The area devoted to each camper space designed for camper vehicles or trailers shall be adequate to accommodate the following facilities and spatial requirements: Each space shall be provided with a graveled vehicle and trailer parking space of length and width to accommodate the type of camper or trailer by which the space is intended to be occupied. Fireplaces, fire circles and picnic tables shall be installed in sufficient quantities and in convenient locations to satisfy occupants' needs for such facilities. Adequate traffic barriers shall be provided to confine vehicles and trailers to driveways and perking spaces. The minimum on -center distance between camper or trailers shall be twenty (20) feet. The typical R/1" :ire detail included is Exhibit F of this application indicates contpli,urce with this requirement. The design process for this proposal considered creating spaces which protects the natural .features of the And including existing trees. This results in less spaces than the maximum allowed with greater than twenty (0). feet of separation fin most raf the sites. (3) Driveways: All w amper spaces shall abut upon a driveway graded for drainage and maintained in a rut -free and dust -free condition and which provides unobstructed access to a public street or highway; the mi iimum unobstructed width of such driveways shall be fifteen (15) feet for one-way traffic or twenty-five (25) feet for two-way traffic, providing no parking is permitted thereon. An additional eight (8) feet of width shall be required for each parallel parking lane constructed adjacent thereto, or twenty (20) feet for each lane of perpendicular or angle parking adjacent thereto. This requirement k met and indicated on the plans. 5.02.08 Water Supply and Distribution; General Requirements: 5.02.10 Water Supply and Distribution Requirements Applicable Only to Camper Parks: 5.02.11 Fire Protection; General Requirements: flitter rebated irrf%r►natior► is provided in Tab 4 of this application and information on fire protection is provided as Exhibit E. 1 1 1 1 1 1 1 i 1 1 1 1 1 1 5.02.13 Sewage Disposal., General Requirements; An adequate sewage system shall be provided in each mobile home park and camper park for the purpose of conveying and disposing of all sewage. Such system shall be designed, constructed and maintained in accordance with state and local laws. (1) Sewer Lines: All sewer lines shall be located in trenches of sufficient depth to 1"e free of breakage from traffic or other movements and shall maintain a minimum horizontal separation of ten (10) feet fro all domestic water lines. Sewers shall be at a grade which will insure a velocity of two (2) feet per second when flowing full. All sewer lines shall be constructed of materials accepted by the state or local laws and shall meet design criteria of the Colorado Department of Health. (2) Sewage Treatment and/or Discharge: Where the sewer lines of the park are not cot -meted to a public sewer, all proposed sewer disposal facilities shall be approved by the Environmental Health Officer prior to construction. Effluents from sewage treatment facilities shall not be discharged into any waters of the State except with prior approval of the Colorado Departmert of Health. The sewage disposal plan is included on the plans and was prepared hr a registered Engineer. The design meets State of Colorado requirennwts. 5.02.15 Sewa a Dis sal Re Arements A licable Onl to Carrs r Parks: (1) Individual Sewer Connections: If facilities for individual sewer connections are provided, the following requirements shall apply: (A) The sewer riser pipe shall have at least a four (4) inch diameter, shall be trapped below the ground surface and shall be so located on the space that the sewer connection to the trailer system will approximate a vertical position; (13) The sewer connection shall have a nominal inside diameter of at least three (3) inches, and the slope of any portion thereof shall be at least one-eighth ( /8) inch per foot. All joints shall be watertight (C) All material used fcr sewer connections shall be corrosive resistant, nonabsorbent and durable. The inner surface shall be 1 r 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 5.02.16 (D) Provisions shall be made for plugging the sewer riser pipe when a trailer does not occupy the space. Surface drainage shall be diverted away from the riser. (2) Sink Wastes: No liquid wastes from sinks shall be discharged onto or allowed to accumulate on the ground surface. Jeff Odor with Bullseye Engineering has prepared the plans and design of the sewage disposal .systerrr. Electrical Distribution and Communication Wiring: Each mobile home park shall, and each camper park may, contain an electrical distribution system, consisting of wiring, fixtures, equipment and appurtenances thereto which shall installed and maintained in accordance with the USA Standard "National Electrical Code, 1971" and all subsequent amendments thereto. Telephone and cable TV systems may be installed and maintained; All plans for the above services shall have the approval of the responsible utility prior to county approval of park plans. Electrical service a°ill he designed and installed by.Vicel Energy. Additional electrical is 4 rA will he provided by a licensed electrical contractor and inspected and approved by the Surae. 5.02.17 Service Buildings; General Requirements: (1) The requirements of this Section shall apply to service buildings, recreation buildings and other community service facilities such as; (A) management offices, repair shops and storage areas; (B) sanitary facilities; (C) laundry facilities; (D) indoor recreation areas; (E) commercial uses supplying essential goods or services for the exclusive use of park occupants. (2) Structural Requirements for Buildings: (A) All portions of the structure shall be properly protected from damage by ordinary uses and decay, corrosion, termites and other destructive elements. Exterior portions shall be of such materials and be so constructed and protected as to prevent entrance or penetration of moisture and weather; (B) All rooms containing sanitary or laundry facilities shall have sound -resistant walls extending to the ceiling between male and female sanitary facilities. Walls and partitions around showers, bathtubs, lavatories and other plumbing fixtures shall be constructed of dense, non-absorbent waterproof materials or covered with moisture resistant material; (C) Each room containing sanitary or laundry facilities shall have at least one (1) window or skylight facing directly to the outdoors. The minimum aggregate gross area of windows for each room shall be not less than ten percent (10%) of the floor area served by them. Have at least one (1) window which can be easily opened, or a mechanical device which will adequately ventilate the room. (D) Toilets shall be located in separate compartments equipped with self closing doors. Shower stalls shall be of the individual type. The rooms shall be screened to prevent direct view of the interior when the exterior doors are open; (E) Illumination levels shall be maintained as follows: (i) general seeing tasks — five (5) footcandles; (ii) laundry room work area — forty (40) footcandles; (iii) toilet room in front of mirrors — forty (40) footcandles; (F) Hot and cold water shall be furnished to every lavatory, sink, bathtub, shower and laundry fixture, and cold water shall be furnished to every closet and urinal. 5.02.18 Service BuildingRequirements Applicable Only to Camper Parks: Required Community Sanitary Facilities: (A) A central service building containing the necessary toilet and other plumbing fixtures specified shall be provided in all camper vehicle or trailer parking areas which provide parking spaces for dependent vehicles or trailers and for tent camping areas. Service buildings shall be conveniently located within a radius of approximately three hundred (300) feet to the spaces to be served; (B) Sanitary facilities for women shall include a minimum of one (1) flush toilet, one (1) lavatory and (1) shower for each fifteen (15) spaces or fractional number thereof; (C) Sanitary facilities for men shall include a minimum of one (1) flush toilet, one (1) urinal, one (1) lavatory and one (1) shower for each fifteen (15) spaces or fractional number thereof; (D) Where a camper park is designed for and exclusively used by self-contained camper vehicles or trailers, no public sanitary facilities shall be required; (E) When a camper park requiring a service building is operated in connection with a resort or other business establishment, the number of sanitary facilities for such business establishment shall be in excess of those required by the schedule for camper spaces and shall be based on the total number of persons using such facilities. This request excludes the provisions for a service building as all .spaces will he occupied by.self coi:uurred units connected to an approved 'toter and septic system. 5.02.19 Supervision: General Requirements: (1) The duly authorized attendant or caretaker shall be in charge at all times to keep the park, its facilities and equipment in a clean, orderly and sanitary condition; (2) The owner shall be answerable for the violation of any provision of this Regulation and other applicable County and State regulation. Copies of Regulations shall be made available to the park residents by the park manager or owner; Refuse Handling: the storage, collection and disposal of refuse in mobile home parks and camper parks shall be so arranged as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. All refuse shall be disposed of at either a municipal or County designated landfill site; (3) (4) Pest Control: grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform with the requirements of the County Environmental Health Officer and the Colorado State Department of Health; (5) Pet Control: no owner or person in charge of any dog, cat, or other pet animal shall permit it to run at large or commit any nuisance within the limits of any mobile home or camper park. 5.02.20 Miscellaneous Re;ulations A (1) .s livable Onl to Cam . er Parks: The principle business of the park shall be to provide parking spaces for travel trailers, camper vehicles andfor tent camping. Occupancy in camper parks by any individual shall be limited to no more than one hundred twenty (120) days per year in any one (1) or combination of camper parks in the County. in exception 11) this rrcc u/rrrrrrt• tirite Iran a is requested. (2) Travel trailers and camper vehicles shall not exceed forty (40) feet in length and eight (8) feet m width. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ARTICLES OF ORGANIZATION OF 319 WATER COMPANY, LLC Pursuant to § 7-80-203, Colorado Revised Statutes (C.R.S.), the individual named below causes these Articles of Organization to be delivered to the Colorado Secretary of State for filing, and states as follows: ARTICLE 1. NAME The name of the limited liability company is 319 WATER COMPANY, LLC. ARTICLE 2. PRINCIPAL OFFICE The principal office of the Company is at 45705 Highway 6 & 24, Glenwood Springs, CO 81601. ARTICLE 3. PURPOSE The Company is organized for any lawful business or activity pursuant to the provisions of the Colorado Limited Liability Act. The Company shall have and exercise all powers necessary or convenient to effect any or all of the purposes for which the Company is organized. ARTICLE 4. INITIAL REGISTERED OFFICE AND AGENT The street and mailing address of the initial registered office of the Company is 45705 Hwy. 6 & 24, Glenwood Springs, CO 81601. The name of the initial registered agent at such address is Jimmy Sills. Either the registered office or the registered agent may be changed in the manner provided by law. ARTICLE 5. MANAGEMENT Management of the Company shall be vested in the managers. .4rticles of Organization Crossroads East One LLC Page 1 of ARTICLE 6. INITIAL MANAGER The name and business address of the initial manager is: Jimmy Sills 45705 Hwy. 6 & 24 Glenwood Springs, CO 81601. ARTICLE 7. LIMITATION OF LIABILITY Members of the Company are not liable under a judgment, decree, order of a court, or in any other manner, for a debt, obligation or liability of the Company. ARTICLE 8. EFFECTIVE DATE These Articles of Organization shall become effective upon the date filed with the Secretary of State of the State of Colorado. ARTICLE 9. FILER OF ARTICLES The name and address of the individual who causes this document to be delivered for filing, and to whom the Secretary of State may deliver notice if filing of this document is refused, is: Timothy A. Thulson Balcomb & Green, P.C. P.O. Drawer 790 Glenwood Springs, CO 81602. Dated this 7th day of January, 2004. Articles of Organization Crossroads East One LLC Page 2 of 2 PROPERTY DESCRIPTION A PARCEL OF LAND SITUATED IN THE SE1/4SE114 OF SECTION 23, AND THE N1/2 NE1/4 OF SECTION 26, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SECTION CORNER COMMON TO SECTIONS 23, 24, 25 AND 26, IN SAID TOWNSHIP AND RANGE, WHENCE THE WITNESS CORNER TO SAID SECTION CORNER BEARS NORTH 75.92 FEET; THENCE S.00`52'09"E. ALONG THE EAST LINE OF SAID SECTION 26, 294.71 FEE -1.; THENCE LEAVING SAID EAST LINE S.89 -39'50"W. 1461.04 FEET; THENCE N.15'14'12"E. 77.65 FEET; THENCE N.89'39'50"E. 295.00 FEET; THENCE N.08`21'51 "E. 890.01 FEET; THENCE 5.41'01130"E. 42.66 FEET; THENCE S.25"05'03"E. 20750 F 1; THENCE S34'56'44"E. 40.69 FEET; 1; THENCE S.76' 13'47"E. 36.49 FEET; THENCE N.64'02'14"E. 50.14 FEET; THENCE N.07'21'30"E. 31.71 FEET; THENCE N.50'34'21 "E. 209.20 FEET; THENCE N.22`49138"W. 529.64FEET; THENCE N.53.3912"W. 287.93 FEE ; THENCE 5.89`48'41 "W_ 181.65 FEE 1 TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 319 AS DESCRIBED IN BOOK 79 AT PAGE 588 OF THE GARFIELD COUNTY CLERK AND RECORDERS OFFICE; THENCE N.07'3319"E. ALONG SAID EASTERLY RIGHT OF WAY LINE 77.09 FEET TO A POINT ON THE NORTHERLY LINE OF SAID SEIJ4SEI/4 SECTION 23; THENCE LEAVING SAID EASTERLY RIGHT OF WAY LINE AND ALONG SAID NORTHERLY LINE N.89`48'41 "E. 1233.69 FEET TO THE NORTHEAST CORNER OF SAID SE114SE114 SECTION 23; THENCE S.00 -03'45"E. ALONG THE EASTERLY LINE OF SAID SEII4SE114 SECTION 23 1316.73 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 35.75 ACRES, MORE OR LESS. TOGETHER WITH AN ACCESS AND UTILITY EASEMENT BEING 25 FEET BY 74.80 FEET SITUATED IN THE NW114NE114 OF SECTION 26, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO; SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SECTION CORNER COMMON TO SECTIONS 23, 24, 25 AND 26 OF SAID TOWNSHIP AND RANGE, WHENCE THE WITNESS CORNER TO SAID SECTION CORNER BEARS NORTH 75.92 FEI1; THENCE S.80"5T58"W. 1454.17 FEET, TO THE TRUE POINT OF BEGINNING; THENCE S.15`14112"W. 77.65 FEET; THENCE S.89 -3750"W. 25.95 FE 1 TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 319 AS DESCRIBED IN BOOK 79 AT PAGE 588 OF THE GARFIELD COUNTY CLERK AND RECORDERS OFFICE; THENCE N.15' 14' 12`E. ALONG SAID EASTERLY RIGHT OF WAY LINE 77.65 FE1 f; THENCE LEAVING SAID EASTERLY RIGHT OF WAY LINE N,89`39'50"E. 25.95 FEET TO THE TRUE POINT OF BEGINNNG. tti 8442e I# 1837 -2.7 -ca 5-a $ 26950 a -r 1 1 1 1 1 1 1 1 1 1 1 Commonwealth Title Company of Garfield County, Inc. 127 F. 5th Street / P.O. Box 352 Rifle, CO 81650 Phone (970) 625-33001 Fax (970) 625-3305 803 Colorado Avenue Glenwood Springs, CO 81601 Phone (970) 945-44441 Fax (970) 945-4449 Date: September 4, 2007 To: Jimmy Sills 539 JB Court Glenwood Springs CO 81601 Attn: Phone: 970-928-8882 Fax: 970-928-7779 Re: A Purchaser to be Determined 1319 Water Company, LLC ® Commitment D Title Policy D Endorsement D Tax Certificate 1 0 Other Thank you for your order. Enclosed please find the following in connection with our File No. 0708009: 1 Copies Sent To: 1 1 1 IFile No. 0708009 1 1. Effective Date: August 28, 2007 at 7:59 AM 2. Policy or Policies to be issued: 1 (a) ALTA OWNER POLICY (ALTA 10-17-92) Proposed Insured: A Purchaser to be Determined ALTA LOAN POLICY (10-17-92) COMMITMENT FOR TITLE INSURANCE SCHEDULE A (b) 1 1 1 1 1 1 1 1 1 1 1 1 STBD Proposed Insured: 3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and is at the effective date hereof vested in: 1 319 Water Company, LLC 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: See Attached Exhibit "A" COUNTERSIGNED: TITLE CHARGES Owner's Policy Standard Coverage 5300.00 Minimum American Land Title Association Schedule A (Rev'd 6-86) (1 Authorized Officer or Agent Valid Only if Schedule B and Cover Are Attached Issuing Agent: Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, CO 81650 1 1 1 1 1 1 1 File No. 0708009 EXHIBIT "A" Parcel 1 A parcel of land situated in the SEI14SE114 of Section 23, and the N1/2NE114 of Section 26, Township 6 South, Range 93 West of the Sixth Principal Meridian, Garfield County, Colorado, said parcel being more particularly described as follows: Beginning at the section corner common to Sections 23, 24, 25 and 26 whence the witness corner to said section corner bears North 75.92 feet; thence South 00°52'09" East along the East line of said Section 26 294.71 feet; thence leaving said East Line South 89°39'50" West 1314.14 feet to a point on the North South centerline of said N112NE114 Section 26; thence South 00°29'34" East along said North South centerline 62.94 feet; thence leaving said North South centerline North 90°00'00" West 190.26 feet to a point on the Easterly right of way line of County Road 319 as described in Book 79 at Page 588 of the Garfield County Clerk and Recorders Office; thence North 15°14'12" East along said Easterly right of way line 141.83 feet; thence leaving said Easterly right of way line North 89°39'50" East 320.95 feet; thence North 08021'52" East 890.01 feet; thence South 41°01'30" East 42.66 feet; thence South 25005'03" East 207.50 feet; thence South 34°56'44" East 40.69 feet; thence South 76°13'47" East 36.49 feet; thence North 64°02'14" East 50.14 feet; thence North 07°21'30" East 31.71 feet; thence North 50°34'21" East 209.20 feet; thence North 22049'38" West 529.64 feet; thence North 53039'22" West 287.93 feet; thence South 89°48'41" West 181.65 feet to a point on the Easterly right of way line of said County Road 319; thence North 07°33'40" East along said Easterly right of way line 77.09 feet to a point Ion the Northerly line of said SE1l4SE114 Section 23; thence leaving said Easterly line and along said Northerly line North 89°48'41" East 1233.69 feet to the Northeast corner of said SE1f4SE114 Section 23; thence South 00°03'45" East along the Easterly line of said SE1/4SE 114 Section 23 1316.73 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM that portion of the above parcel conveyed to 319 Properties, LLC, a Colorado Limited Liability Company, in Quit Claim Deed recorded June 20, 2005 in Book 1698 at Page 560. IParcell That parcel conveyed to 319 Water Company, LLC in Quit Claim Deed recorded August 10, 2007 as Reception No. i730605. 1 1 1 1 1 1 • 1 File No. 0708009 SCHEDULE B - SECTION 1 I to be complied with prior to the issuance of said policy or policies. Any other instrument The Following are the requirements 'rp recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located, 1. Release of record by the Public Trustee of the Deed of Trust from 319 Water Company, LLC for the use of Plains Investment and Credit Corporation showing an original amount of $550,000.00, dated October 15, 2004 and recorded October 19, 2004 in Book 1632 at Page 275. 2. Partial release of record by the Public Trustee of the Deed of Trust from Mamm Creek Commons, LLC, a Colorado Limited Liability Company for the use of SREI Mamrn, LLC, showing an original amount of $1,731,430.00, dated May 17, 2006 and recorded May 25, 2006 in Book 1803 at Page 933. INote: When the details of this transaction are revealed, the Company reserves the right to make additional requirements andlor exceptions, 1 1 1 1 1 1 1 1 1 1 I NM6 American Land Title Association Commitment Schedule 0 - Section 1 - Forrn 1004-5 1 1 File No. 0708009 SCHEDULE 8 - SECTION 2 ISchedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the company: 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1. Rights or claims of parties in possession not shown by the Public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records. 4. Any hen, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Reservation of one-half of all oil, gas, mineral and fissionable materials (sand and gravel shall not be construed as a mineral interest) as described in Deed recorded September 24, 1973 in Book 450 at Page 41 and any interests therein or assignments thereof. 10. Easement 60 feet in width for the purpose of ingress and egress over the subject property described in deed recorded March 18, 1982 in Book 594 at Page 886. 11. Terms and conditions of Oil and Gas Lease by and between Robert T. Lazier, as Lessor and Snyder Oil Corporation, as Lessee, recorded March 16, 1994 in Book 895 at Page 732 and any and all interests therein or assignments thereof. 12. Right of way granted to Southeast Piceance Pipeline Joint Venture in instrument recorded May 6, 2001 in Book 1259 at Page 66. 13. Terms and conditions of Surface and Damage Agreement recorded June 11, 2001 in Book 1259 at Page 846 and recorded April 15, 2002 in Book 1345 at Page 945. 14. Right of way granted to Encana Gathering Services in instrument recorded June 4, 2004 in Book 1594 at Page 7. 15. Terms and conditions of Water Allotment Contract by and between West Divide Water Conservancy District and 319 Water Company, LLC as evidenced by Memorandum recorded May 20, 2004 in Book 1589 at Page 632. 16. Terms, conditions and all matters set forth in Well Sharing Agreement recorded February 9, 2005 in Book 1661 at Page 586. 17. Easement and right of way granted to Encana Oil and Gas as described in instrument recorded June 1, 2005 in Book 1692 at Page 95. 18. Conveyance of all oil, gas, and other minerals to Robert T. Lazier together with the right of ingress and egress as more fully described in Mineral Quit Claim Deed recorded July 3, 2007 in Book 1945 at Page 497 and any and all interests therein or assignments thereof. 19. Apparent casements for power line and pipe line, easements and all other matters shown on Improvement Survey prepared by Don A. Bagent on behalf of Scarrow and Walker, Inc. dated May 4, 2006, Job No. 04-1 l0, and on Improvement Survey prepared by Don A. Bagent on behalf of Scarrow and Walker, Inc. dated August 25, 2007, Job No. 98147. 20. Right of way for County Road No. 319 to the extent it affects the subject property. NOTE: EXCEPTION(S) NIA WILL NOT APPEAR IN THE TO BE ISSUED HEREUNDER. The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B - Section 2, the following items: (1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales. NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. American Land Title Association Commitment Schedule B - Section 2 Form 1004-12 INFORMATIONAL NOTES This is to advise that COMMONWEALTH TITLE INSURANCE COMPANY makes available to its prospective insured owners, in conjunction with their COMMONWEALTH TITLE INSURANCE COMPANY policy covering a single family s not residence, including a condominium or townhouseto the Company'sion against mechanics' liens. This underwriting requirements, and does not co@er cthose automatic nor given in all cases, but is subject liens which arise out of work contracted for or entered into at the request of the insured owner. These underwriting requirements include, but may not be limited to, the following: 1. Receipt by the Company of agreement(s) indemnifying it for any Toss resulting from its granting of lien protection, executed by the seller, contractor or others who might have incurred debts which could result in mechanics liens; 2. Information concerning the solvency and whereabouts of the parties set forth in Item No. 1, possibly including financial statements; 3. Evidence of payment of any bills which might have been incurred for work done on the property, depending upon the length of time elapsed since the last work was completed and what remains to be done; 4. In the event of extensive recent constructions, whether on all the ower improvemens l olt tdeo upan the property or not, additional items required may include: (a) the Company's review and/or builder's history relative to construction projects previously completed reviewresf any under construction; (b) review of the construction loan agreement if applicable; (d) paymentf of performance or mategrialmen's bonds concerning this construction, if applicable; d. the appropriate charge for mechanics' lien protection duringconstruction, if app entity shall be This is also to advise that, pursuant to Regulation record aiorthe to theColorado time of ecording�and subsequent t Ethetitle effective date of responsible for all matters which appear ofp the documents commitment, whenever the title entity sclosedlosiThis does not include those matters filing of suffered, documents resulting from the transactiontity as to assumede to by the insured.TITLE INSURANCE COMPANY or is anThe prospective insured is advised to grindependent agentnwhich will bether the it is an office of COMMONWEALTH of COMMONWEALLTHH responsible entity relative to the closing only. NOTICE If Schedule B of your commitment for an owner's title policy reflects an exception for mineral interests or leases, pursuant to CRS 10-11-123 (HB 01-1086), this is to advise: a) That there is recorded evidonce that a mineral estate has been severed leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and b) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Pursuant to Senate Bill 91-14 (CRS 10-11-122) Notice is hereby given that: a) The subject real property may be located in a special taxing district: b) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent; c) Information regarding special districts and the boundaries of such districts may be obtained from the Board of ll County Commissioners, the Countylerk b nd Recorder, the Company the County Assessor. and the costs thereforef chargedT ox the cert+p oposeld be ordered from the County Treasurer y insured unless written instructions to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this commitment. COMMITMENT FOR TITLE INSURANCE Issued by Commonwealth Land Title Insurance Company LandAmerica MI Commonwealth Commonwealth Land The insurance Company is a member of the LandAmerica family of title insurance underwriters. Commonwealth Land Title Insurance Company, a Nebraska corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named In Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for shall be issued, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duty authorized officers, the Commitment to become valid when countersigned by an authorized officer or agent of the Company. Attest: COMMONWEALTH LAND TITLE INSURANCE COMPANY rir .r. rye h . SEAL NEBfl,,SKS`, C By s"► C./L0,' 64 +4i►'� President Conditions and Stipulations 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien. encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule 8 hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations, 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule 8, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. PA 3 ALTA Commitment — 1966 Cover Page Form 1004-8 ORIGINAL 1 10 1 1 1 1 1 1 11 1 1 1 1 1 ADJACENT LANDOWNERS Bureau of Land Management 50629 Hwy 6 & 24 Glenwood Springs, CO. 81601 319 Properties, LLC 0539 JB Court Glenwood Springs, CO. 81601 Mamm Creek Commons, LLC 0539 JB Court Glenwood Springs, CO. 81601 Airport Land Partners, LTD. 312 Aspen Airport Business Center Aspen, CO. 81611 Benzel Livestock, LIIP. 980 East Saddlehorn Road Sedona, AZ. 86351 U AI 1 1 1 1 1 1 1 1 I" 1 1 1 1 1 1 `l 1 1 21177-14 RLE AIRFORT 13 478 v 23 4 7 ,:. Wir 24 oak - 25 2177 T. 6 S_ --.R, 93 W G''0 ©1 ' Ai65:es oicINIMICff 411/1111r ,—_ SIM COMM/Mil MC .NOL 110014,11M .4 1 Ir. sorrom xiti : -. 'b 41-6.!.--- 1 • . • - .1;.b..; virranom IIML 42• • •1•111 w 12A Mints! Ritht Owners of The Subject Property Robert T Lazier 50% 386 Hanson Ranch Road Vail, CO. 81658 Keith & Neva Johnson 25% 0756 CR 346 Rifle, CO. 81650 James & Juanita Layne 25% 12011 CR 320 Rifle, CO. 81650 Mineral Less Snyder Oil Company 1625 Broadway Suite 2200 Denver, CO. 80202 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 319 WATER COMPANY, LLC. 0539 JB COURT GLENWOOD SPRINGS, CO. 81601 PHONE 970. 928. 8882 FAX 970.928.7779 e-mail isills(a)rof.net January 2, 2008 This information is provided in order to present general County Road 3 �� history of the water system currently serving th 2003 Well drilling was completed and in mid-September Resource Engineering, Inc. completed a 24 hour pump test for well quality and physical source availability. The included results of this test indicated 30,000 gallons per day could be used as an average yield for planning purposes. 2004 A revised and final contract was entered into with the West Divide Water Conservation District (WDWCD) for the legal source of water. This agreement provides for 32.431 acre feet as diversion resulting in 16.23 acre feet as consumptive use. In addition to meeting fire protection and irrigation use requirements this amount of water is based on serving 207,000 square feet of commercial buildings and an additional 25 residential homes using an average of 300 gallons per day. The drilling permits and well testing permits were revised by Colorado Division of Water Resources to a final Well Permit # 61926 which limits the pumping rate to 35 gallons per minute and identifies the uses consistent with the WDWCD contract. 2005 A Well Sharing Agreement was prepared and recorded in order to assign a 1/3f'° interest in the well for use granted to the: 319 Water Company, LLC. Mamm Creek Commons, LLC. 319 Properties, LLC. These entities total 125 acres and the intent of the well agreement was to assure adequate water will be available to each for development until the properties are adjacent to the City of Rifle at which time annexation into the city is anticipated. 2006 Colorado River Engineering began providing their services for monitoring the well system and filing the required reports for compliance with the State of Colorado. 2007 The current status of the water system is designated as Transient, Non -Community Water System (TNCWS) which allows a limited number of consumers and was the requirements for the Special Use Permits (SUP) of 5 buildings approved by the Garfield County Board of County Commissioners. Plans for a RV/Camper Park requires a revision of the existing system in order to re- classify the system to a Community Water System (CWS) for the added users. As a part of this procedure more stringent testing is required which includes testing for contaminates which were not required as a TNCWS system. The Colorado Department of Public Health and Environment (CDPHE) currently requires that any new CWS test the water intended to enter the water system on a quarterly basis for all regulated contaminates prior to the acceptance of the water system as a CWS. Towards meeting this requirementDte�sting�= begaf n eyear. iAquarter frarof nO7 and the Colgrado Rafver samples were sent for annalist Engineering is included which indicates the results of the first quarter samples exceeded the levels of certain elements including uranium. Upon receiving the results of the December samples an average will be identified and the treatment for removal of all unacceptable containments will be designed and installed. In October Colorado River Engineering prepared a Monitoring Plan for the CDPHE which is included in this package. Currently The water system is being improved upon and as soon as the final quarterly samples have been analyzed the improvements required will be installed. At the same time application requirements for a Community Water System will be filed in order for the owners to move forward with the planned RV/Camper Park. 1 1 1 1 1 11 1 1 1 1 1 1 1 5.02.08 Water Supply and Distribution; General Requirements: (1) A domestic water supply that is in compliance with the drinking water standards of the Colorado Department of Health shall be provided in each mobile home and camper park. Where a municipal supply of water of satisfactory quantity, quality and pressure is available, connection shall be made thereto and its supply used exclusively. When such a municipal water supply is not available, a central water supply system may be developed and used if it meets standards of the Colorado Department of Health; (2) Every well or suction line of the water supply system shall be located and constructed in such a manner that neither underground nor surface contamination will reach the water supply from any source; (3) The treatment of a private water supply shall be in accordance with applicable laws and regulations; (4) Water Distribution System: (A) The water supply system of the park shall be connected by pipes to all mobile homes, buildings and other facilities requiring water; (B) All water piping, fixtures and other equipment shall be constructed and maintained in accordance with state and local regulations and requirements and shall be of a type and in locations accepted by the County Environmental Health Officer; (C) The system shall be so designed and maintained as to provide a pressure of not less that twenty (20) nor more than eighty (80) pounds per square inch, under normal operating conditions, at service buildings and other locations requiring potable water supply; (D) A minimum horizontal separation of ten (10) feet shall be maintained between all domestic water lines and sewer lines; (E) Underground stop and waste valves shall not be installed on any water 5.02.10 Water Sunpl and Distribution R uirements Applicable Onl +oto Camper Parks: (1) Source of Supply: The water supply shall be capable of supplying fifty (50) gallons per space per day for all spaces tacking individual water connections and a hundred (100) gallons per space per day for all spaces provided with individual water connections; (2) Individual Water Connections: If facilities for individual water service connections are provided, the following requirements shall apply: (A) Riser pipes provided for individual water service connections shall be so located and constructed that they will not be damaged by the parking of travel trailers or campers; (B) Water-riser pipes shall extend at least four (4) inches above ground elevation unless recessed in a box or sleeve. The pipe size shall be three-quarter (3/4) inch; (C) Adequate provisions shall be made to prevent freezing of main service lines, valves and riser pipes; (D) valves shall be provided near the outlet of each water service connection. They shall be turned off and the outlets capped or plugged when not in use; (3) Watering Stations: (A) Each camper vehicle or trailer parking area shall be provided with one (1) or more easily accessible watering stations for filling water storage tanks. Such water supply outlets shall consist of at least a water hydrant and the necessary appurtenances and shall be protected against the hazards of backflow and back siphonage; (B) Each tent camping area shall be provided with one (1) individual watering station for each four (4) spaces; such station to be constructed similar to individual water service connections as provided under 5.02.10(2) except that rise height shall be thirty (30) inches and a splash pad shall be installed around the base. 5.02.11 Fire Protection; General Requirements: Provisions shall be made for giving alarm in case of fire. It shall be the responsibility of the duly authorized attendant or caretaker to inform all tenants about means for summoning ire apparatus, sheriffs department and park employees. No open fires shall be left unattended at any time. (1) Portable Fire Appliances: 1 1 1 1 1 1 1 1 rio 1 1 1 1 1 1 1 1 (A) Approved facilities shall be provided for fighting fires in ordinary combustible materials (Class A), readily accessible to 11 park occupants in readily visible locations. Such facilities shall consist of a hose of a type usable in all weather, permanently attached or in cabinets immediately adjacent to the hose connection so located that any part of any mobile home, travel trailer or camper vehicle can be reached with a garden hose stream; (8) One (1) or more approved carbon dioxide or dry chemical extinguishers of a type suitable for flammable liquid or electrical fires (Class B and Class C) shall be located either in an open station so that it will not be necessary to travel more than a hundred (100) feet to reach the nearest extinguisher, or inside each mobile home and camper at the owners responsibility and verified by the park operator; (C) Appropriate arrangements shall be made to prevent freezing of fire fighting equipment. Prior to issuance of the SUP, the domestic water system diall be approved by the State of Colorado. The fire system shall be approved by the Fire District. Colorado River Engineering is responsible for this design and obtaining the required approvals. ,!j!!IRESOURCE r�l•ii rilIMMENG G I N C. 1 1 1 1 1 1 1 tv 1 1 1 1 1 1 1 December 29, 2003 Mr. Amy Sirs 45705 Hwy 6 & 24 Glenwood Springs CO 81601 RE Rifle Property Water Wel Dear Jimmy On September . . (RESOURCE) supervisedur purnp tact one wminua 24 ho i 1 U Iota003 don theEngineering, so southwest of the Garfi d County Airp� �nrate ar n tirne40 The d PI"g was1 Rifle, gpm i e fist 1340 minutes and 33 gpm for the final 20 minutes. ell samples r very data was collected for 72 hours. A set of ember ones quality s were collected at the end of the and seat ACZ resultedLaborats. in a tool drawdown of 26' 10" from a The initial 1340 minutes of pumping� to a � of 51' r. The � 20 beginning staticlevel of 24' 9' below the top tgi0r 10' io 5162 . The t20 minutes d pumping the water an additionalhad eyed to 5" which is of casing- n 6 hours of pump shoat -df the 97.6% of the tot dam- After 72 hota s the well had recovered to over 99% of drawdowru The total depth of the well is 153 feet wish an ave drawdown of about 128 fest- The 24 hour dravwrlown of 37' r erg only abet 29% of available drawdown. A r n - A copy of the pump test data is attached along with a gra showing the actual in over tires on semi -log scale web in on the vertical ails and time t1 a wale horizontal anis. A second graph is also aid which shows ontheof the well. The two graphsshow that the well residualdeveloped drawdown (recovery) hb�- It leas mare than one drawdown sl n an aquifer of the pumping expands it reaches a slope y s that as the influence confining zone which decreases the ywld- Based on our analysis of the pimp test we conclude that this well coil not providie a ruble long team yield of 35 gpm. Howe". the well can be pumped at �recovery. Wygrim for �� am averabine (24 ge oof less) fdkrived by periods of equal er 300013 gallons per day be used for P lanring purposes. The water samples collected on September 11.2003 were analyzed for a cross section ater parameters inckeing metals.There was no aneeisis for of the coriform bacteria. however, presenoe0 this is highly unlikely in a deep well and present can be breed with or cher disirifecting techniques. All of the parameters tested were ear undetected or detected at levels bekre the paMaximum Colorado Drt lent of PubicHeath and Contaminant Level (RACL)- A copy' of the laboratory rpt from ACZ Laboratory Consulting Enginesrs and Hydrologists,r,-,r. �.....� -- soya Colorado Avgm • GierXi - innm r -`J-1 Ft1 a IG7"7T`si ["' ' c December 29, 2003 Mr. Jimmy Sas Page 2 of 2 attached. ft must be noted, however, that prior to providing water via a pubic waiter system you must obtain CDPIE appmval of the water treatment, storage and delivery syr regardless of the results of this water quality t+st- In it is car opinion that the sum well can provide a physical supply ct water for summary, use up to 30,000 gallons per day- This conclusion rso contn inue g aquifer and well conditions and we cannot guarantee that these conditionsin the future. Since iely, RE • RCE ENGINEERING, INC_ S. done, P.E. Water Resaxrae Engineer PSElmmtn 990-1.0 C=am PSP test 990.41oc Atiactrnent CC: David Hanford, Esq. wlo attachment. ...."1" -.RESOURCE 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 WEST DIVIDE WATER CONSERVANCY DISTRICT 109 WEST FOURTH STREET P. 0. BOX 1478 RIFLE, COLORADO 81650-1478 TELEPHONE: (970) 625-5461 FAX (970) 625-2796 water@wdwcd.org August 26, 2004 Jimmy Sills 319 Water Company, LLC 45705 Hwy 6 & 24 Glenwood Springs, CO 81601 Dear Mr. Sills: Enclosed is your approved amended contract #040219WC(a), amending the water usage and the number of acre feet to 1623. Sincerely yours, 0 anet Maddock cc Division No. 5 Water RCSOMCCS wlenclosure Kerry D. Sundeen, Hydrologist wlenclosure Samuel 8. Potter, President Katy Couey, Vice President Robert J. 7"anella, Secretary Laverne Starbuck, Treasurer Bruce E.Wampler, Director ,p 2004 IfT1.ICA11ON TO AMEND, WATER LEASE FROM EST DIVIDE WATER NANCY DISTRICT •st Faati` 'Street, P. O. Ban 1478, Ri& Colorado *1650 IAPPLICANT ,P -FO MATION WIC:3 Pier -ERC , . _ LLC. lag adder= '4-S V- is 4 1.-r- N 3 SJ kL&C , r.l3_ 'J q in. q 4-. q 511 roused swat -fit art nA4t1,S t LLS COURT CAS ids: Demme Case No. Aiapnentatina Plan cox No. IUSE OF WA's teeek b) !CadinarY lehousehold use Number of dwellingr_ Subdivision: No. constructed ma _ p NoL vacant hoer 5 Home garden/lawn irrigation of sq. B of : © fid sprinkler fJ drip O other watrering of animals r� Agreementfar m ikiple owner wells anwst he r'( applicable boxes) Lirizinf mita: 3.Totai sq. fl of camme c ial neier.jcarlico afine: 5e I ;ieftiit-r" A /'oV.d4Q fzit :zit '+ Law ,i garc'erl ILIDUSTRUL es+cription of ma III vaperativis: Maxima= water surface so be Foimay me, ©mer dam evaporation, mod method of rade of ,mod __ arsmm of diversion of a>r r wierchrawn from the pond_ 11E Bytom— of 111OURCE OF WATER +ui t LL .- Structure Naeae~ LAZA Zi Ei r S Aka °Surfs= CIStorage DGrornid Permit * (¢applicsbie) Direct Pawpaw TriUrurT ri°11: .A11ON OF SERA C 5E fie r Qeer'°c 1 Contract # 040219WC(a) Map #491 Date Activated 2/19/04 3W, 1 12 Taw..Mip Ramie .r'41. <0 lit Distance of well from section lima Ekrvaliost 57c ' Wel locaition Wakens:_ (Attachpag zfar arae ) 4, LAND ON WHICH WATER WILL BE USED deurription.a, c setwitkidas ewe antsahmerd) ; ex It )7" Number oracles is tract 12_5 twigi 9C Mnchrsianr tato the District, al ,4pp1 is expense, may be reqmired 7_ TYPE OF SEWAGE SYSTEM ■Septic I,sokiabsorption tench field (=Central system District make: & VOLUME OF LEASED WATER NEEDED IN ACRE FEET: / . ;3 (nialitoom of 1 acre foot) Provide enginer!riug data 1 support vohtme of waler regNested. Commercial, matnicipal, and mistrial Deters moist provide diversion and conmit:01re dna on a ■►Donth!r basis. A totalizing flaw' meter with remote readout is required to be installed and usage reported to West Divides Applicant upresslp acknowledges it has had the opportunity to review the District's fora* Water Aliontsent Contract and egrets this opplicraion is made prrsarawt and subject to the terms and emediderts contained therm Application Dater A u & C. 2cxl i+ l'<irmusi4 DAT33.Ar o 1 - aG – LI wBsrD WAIW CONSERVANCY DISTRICT sgmin *IM° it 1 ;0$;8=�2 r aoPv/avoaoo: y coorxdd0000d !p O o d O o O O Cs Cf O O499949,9PP9 E8888888g8g- lInnalw¢ 9 A°0T O 1 x5c, s � rn sn Om I. cm 7 M8 2 slig m g t3 • cg • Form No. OFFICE OF THE STATE ENGINEER GWS -25I COLORADO al Bldg_ 31DIVISIONSheeran St . Dented. CobwebsATER S4►l9RCES81 ) 666:$1 1 1 1 1 1 1 1 1 1 1 1 1 1 APPLICANT r WELL PERMIT NUIABER 61926 - F Dlv. 5 WO 45 DES. BASIN MD JtUMY M SILLS 45705 HWY 6 & 24 CLEOOO SPRINGS, CO 81602- (970) 1602 (970) 947-9511 CHANGE/EXPANSION OF USE OF AN EXISTING WELL ISSUANCE OF THIS PERMIT DOES NOT CONFER A VAATER RIGHT �) This well shall be used is such a wog ars le donee ea nrieriF injury le voiding water ithils. The amerce of Die peed days not ees+re [net no allay mil occur ib another rested wenn eight or pry mother owner of a rested wales Ogle bore send* ramal in ■ ctrl cowl action 2) The construction 01 his whit shall be in theleionce will the Whaler Vie ll Comb udieri Rules 2 TCR 4112-2. diens sppsoral of * variance Ahs been granted by the Stale Board of earmieers oldster thiol Consinsclion and Phar* besfallaiea Cadraders le accoselamee deb Fede 10. 3) Approved pursuant to CRS 3740-137(2) he the corediedion of a wet aipproprafrbrg trosed haler Widow Ls the Coined* 8baar, as me demote point of diversion to the Awaiendre Coed aced Siphon. era Ilse pawner Id On wee slid be ape nded eller Whew lbw Vied Mete Water Consernraragr Dimer& sutslaiule ester suppaij Phis. elillseeed try M Slide Embed. is le grecs, sad obeli a wefts ~NNW weeded l ai_een the wee owner and the Wiest Divide Waft, Cansendeqr Dieleld her t_ mimes of awbommaat weber Taws Heidi Rasura* is ie atter:k or ruder an approved plan for sagenentaltem. NVQ combed 90102191611C109. 4) Approved for be use of an existing 18, 2003 le a depth d un 150 feet. der pawn no. 257399 (Canceled. The iissuance of this perms busbyp cancels ewee an 252369. 66) This wee LozentSile IRAde no. 2, is a t+jsd to administration by 9re Division F7a¢eer ie a ccnwdmure *ri+ applicable deemed, sus,. saes. and regiblions.imide set rupee flow iereebyriei €26) dole Thau thi The nee of ground weber bele well is Wind lo be paoMdes, ra feway bean aatd pi errs fon* doyens° units, fire Wigwam el not Mee teas 4.000 mad fere of haws glade= sed beds s per eeeitnaaieb oft. mel sad: facilities ureide not more thew kdudy-5 (46) crenrreraiU bhsatiesss +■ie,, iafrates d err[ awe ruse 4.000 uprose feet of landecapaig for each ethrei ereis1 unit_ Taal inigetion del not mewed # 52 acme (2011.0110 sedge fedi of Imes gide a and Mersa aid c 7) The pupping rate of this well shell not emceed 36 O€'M. 8) The annual amount of ground water to be appedided shall eat weed 32431 ade-beL 9) This wee shad be located not more Wen 200 feet bars Nes location appalled en tits posit art at least BOD lest Lorre snaps reining sad complete lin the same spinier. that is set award by the appecesL 10) A tottering flow meter maid be nabbed on tis +see aid eeeiaals red ie Orad uorldeg ceder_ Press nd ascends of ad dbaewhiess swat be maintained by the well owner (rermeded at least arewelyy) and srasebted le the D[rleios Engineer epos lowest 11) The awraer sine meats the wets in a conspicuous piece with Tree perms miemb s{sa). eases el tee agrisr, nod Deed care wishes je) se appropriate. The owner shall lake necessary wee— and precaidioweb peesene these mrnbdegs. NOTE Canceled permit as 252359 was pesnicestya based fcr tads raahtnmenesiSlIle Wel as 2" at #ale _challis_ NOTE PParcel Identatation tharaber (PINX 232177-234-00-512232177-234-00-512//- .2"."100,14 NOTE_ Assessor Taaac Schedule Number 8040703 (Warm 47.20 acme) APPROVED WELL LOCATION GARFIELD COUNTY SW 114 SE 114 Section 23 To rrrs hip 6 S Range 93 W SIxtt! P.M. DISTANCES FROM SECTION LINES 850 Ft from South Section Line 2450 Ft. from East Section Line UTA COORDINATES (N AD83) DIM APPROVED 1 Receipt No. 9501947 Stale Engineer DATE ISSUED 11-02-2004 BY EXPIRATION DATE 11-02-2005 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 WELL SHARING AGREEMENT intomade and entffed this THIS WELL SHARING pGREEMCiNI' ("Agreement') � Water 319 Company, {.,I� clay of �.=';f�L_-- 2005, �' � (hereinafter „�,'� and Mantra "Water Compare), 319 Properties, LLC Creek C� LLC "MMamCreek"). "). WITNESSETH: is the record owner of that certain real property' in 'WHEREAS, Water Company,� herd ('Water CompanyGarfield County, Colorado described in Exhi r A atter Parcel"); WHERE Properties is the owr of that certain real property m G arf d County, Colorado described in mit "B" attached hereto ( es Parcel"); WHEREAS, Maim Creek is the record owner of that certain real propertyin Garfield County, Colorado described in Exhibit "C' attached hereto ("Maxum Creek Parcel"); water well, known as the Sins Well, WHEREAS, thereisanex�'�� 619�frF, k�ated ixi the �'V'/; fitted under State � s Office Permit Number with and 6 South, Range 99 West of the 6th P.M., togeiher of the SE IA of Section 23, TSF located on the Marnm Creek Parcel; casing and other a�tenant well items ("Wen"), em ,W� S�"�, c� of not limited WHEREAS, a water delivery � [looted hasbe� to the Well, pipes, valves, pumps, a storage tank and � Mamm Creek constructed over, and portions �the Properties Parcel and the Parcel; WHEREAS, the Well and Water System currently supply water for coirmiercial uses associated with storage buildings located on the PrOpertieS Parcel; desived for and is capable of per' water WREAS, the Water System wasParcel and Mamm Creek Pante as supplies to the Water Company Pam, the Pnaperties eci.sting and as the same may, in the future, be developed; � �m Creek wish to potentially share WHEREAS, Water Company, PropertieswiththeW titer �g themsdres on an basis the Welt, or a new well, together System under the terms and conditions of this Agreement; and 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 WHEREAS, the parties desire to set forth in writing their agreement concerning the repair, maintenanceand replacement of the Well, or a new well, together shared Per and the rights and tions of the with the Water System and related improvements, use gf water there do parties concerning the Well, legal authorizations, and the NOWTHEREFORE, for and in consideration of the mutual promises con tained , herein, the parties agree as follows: � and assignment of well Sills Conveyances. Pursuant to Quitclaim Deed delivered by Jimmy R. Sills, the present permit heretofore executed and Creek were conveyed permit holder, Water Company, PropertYes and Mama► and to the Well, Water System equal 1 j3 undivided ownership interests in or otherwise derivingand anyall water and water rights appertaining and of the Quitclaim Deed is attached hereto as Exhibit from the Well- A copy theparties with the Office "D" Mr. Sills has also delivered for the filing by Of ce of the State Engineer, an executed CHANGE IN OWNERSHIP application incorporating the Well ownership change hereinabove set forth E��py�of this CHANGE IN OWNERSHIP application is attad ied hereto ast t to Quitclaim Deed heretofore Water Company Conveyances. � present contract holder, executed and delivered by Water Company. P Properties and Marnm Creek were conveyed equal undivided 1,13 ownership water allotment sant interests in and to West Divide Water "West Conservancy Divide Contract"), the Well and Water Na. ��p219'NVC(a) (hereinaftererrant thereto or System and any all water and water rights app derivingurtthere from with the remaining 113 ownership � being reserved Deed is atter hereto by Water Company. A copy of this Quitclaimthepartiesoa Exhibit "F". Water Company has also delivered for the filing by with the West Divide Water CorDistrict, executed applications for Conservancy of ownership interests PARTIAL ASSIGNMENT, incorporating transfer hereinabove set forth. Copies of these applications for PARTIAL ASSIGNMENT are attached hereto as Exhibit "C". 2. Legal WaWAIN& All water use deriving from the Well shall conform to the terms and conditions set forth within Well Permit No. 61926 and the W'� the ide Contract The parties agree to amend the Well Permit 61926-F to prde that above. The parties Well is authorized for water use on all three Parcels described agree that water from the Well will be limited to actual use ntthe e t r ee Parcels and na party will seek �"'� °r em rc at a expand the use of the Well or y use off of the three parcels. The parties understand and acknowledge that the Well, 2 or a new well to be constructed as provided for herein, will be required to be re - permitted with the State Engineer's Office in order to allow for uses and amounts�'tted. Subject to any physical capacity limitations of exceeding that presently P'�' Well to provide for such increased production, at such time that either party desires Its currentlypermitted use or parameters to to increase the use of the Well beyond party's Parcel, that said party shall have the right and obligation to seek serve thatent of the West Divide Contract and to obtain a new well Pmt and an amendment from the West Divide Water Conservancy District in an amount and flow rate that The will cover all of the water use made on that Parcel and the permitoParcels. names West Divide Contract amendment and the new well shall sought in theof all the parties and if obtained, shall thereafter be the undivided 113 interest of each party. The party or parties not making the requisite applications to the District and the State shall cooperate in the signing of all documents or other matters pertaining to obtaining, the West Divide Water ConservanLy District and State Engireer authorizations, The parties understand and agree that any above-described new Permit. Said party seeking the new well twill operate to cancel the existinglegal and other Pte" payment of: all eg well permit shall initially front or be respal and other fees associated with �S fees to obtain the new well P�� `�` es and fees to the West Divide Contract amendment and all yearly arid other charges maintain the District Contract and new well permit in good standing► including any forms, � �. renewals. At costs and fees associated with welt permit such time that the other party or parties connect to the Welt or Water System as provided for herein, and commences use of water on its Property, that other party or parties shall pay to the party fronting the costs, its 1/3 share of such costs previously incurred upon presentation of an accounting of those costs Conservancy Thereafter, each partyDistrictshall be responsible for its 1f3 share of all West Divide Water and well permit related costs going forward. 3. fieri ati•' Ccri,Water ts. 'Provided each party is actually connected to the Well and System and is applying water to beneficial use from the Well on its respective Parcel (if "fire protection" is the only use on the Parcel, that purposes does not constitePY applying water to beneficial use" for purof this Paragraph), shall equally divide the expenses of operating, maintaining, testing, inspecting, improving, upgrading, replacing and maintaining the well permit, West Divide Contract and other approvalspaid dup, current and in good standing ("Marin for common storage tanks, said Well and Water System, its pumping �� in the aboesen� and other compote and appurtenant the Well and Water System. OM&R casts are the electrical costsfor operating Properties, and any successor owner, shall be designated as the party responsible for receiving any bills and communications from the West Divide Water ConservancY and well District and/or State Engineer's related to the West Divide Contract to a E 4•� �:'-- f W and 3 permit and shall timely pay all charges and take other actions to maintain such approvals in good standing. Properties shall be entitled to any reimbursement of the of actual expenses associated therewith from the other parties eunder to Well and terms Water this Agreement upon invoicing. If one party isnot connect (or parties) System and is not applying water to beneficial use, then the other� the connected and making use of the water shall be solely r above- mentioned costs and shall have the right to take any OM&R actions itpdeee s arty (or nary in its sole discretion. At useence ©f watthe er Parcel, thin each ties) desires to connect to the Well and party shall thereafter be responsible for its 1/3 share of all OM&R costs going forward; and such connecting party shall not be ramble for any OM&R costs incurred prior to its connection. The cost of installing, improving, repairing and/or Stora structures replacing any water delivery pipelines, storage tanks or other g not used in common, shall be borne by the owner of the Parcel for where benefit the connected to the Well delivery pipelineor structures exist. Provided each party � is then all costs and Water System, if a particular structure benefits all parties, associated with such structure shall be shared equally. Provided each party is connected to the Well, all decisions related to OM&R shall be made by %man:mous agreement. In the event the parties cannot agree upon what OM&R activity or action is necessary and proper, any party may provide notice in writing of a description of the OM&&R action it believes needs to be undertaken, the reasons therefore and an estimated budget Unless either of the other parties objects in writing within fourteen days (14) days of receipt of said notice, consent to such shall be deemed conclusively given. In the event 'abjection is timely made and the parties cannot agree to the OM&R action, the parties agree to submit the matter to an expert pursuant to the provisions of Paragraph 10 below. Notwithstanding the above and provided each party is connected to the Well, in the event of an "emergency" situation involving a shared component of the well system, indudkig but not limited to, a common water line or storage tank breaking or leaking or a failure in water production or an event contaminating the quality of the water supply, any party +e corrective action to eliminate the shall have the right to take immediate, r� Thereafter, such party taking emergency and restore the water quantity and quality an accounting of the costs the corrective action shall submit to the-,b°� r for its pro rata share of these cysts• incurred and each party shall be rem pr° Each party shall always have the right to remedy any "emergency" situations involving individual water lines or components not shared in common at its own cost 4. [Deleted]. 5. Regulation and Priority of Uses; Water Level Monitoring Provided each party is connected to the Well, the parties agree that in the event the water in the Well 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 is being drawn down such that the Well is not recovering normally or that the static uaasafely dose to the pump intake level, then the water level in the Well is'becomir►gHari for allowed uses= the first will immediately implement the following priority parties in-house inside a residential structure and Priority shall be for ordinary PSP � � priority � be for fire accessorydwelling units actually inhabited; and the fourth pity protection; the third priority shall be for commercial uses, shall be for outside irrigation and/or dust suppression. A lower priority of use shall only be served or allowed if it is safe to do so without negatively impacting the secure, uninterrupted supply for a higher priority or priorities. If it is not safe that use so, such lower priority use shall be curtailed until such time that it is safe for the safe operating water levels in the Well to to be served. In order to determine .water level soundings" meet the water demands and comply with this paragraph, shall armed on the Well, asor other appropriate water level testing in cost of any such well testing or necessary. The parties small share equallyywater from the one is connected to and utilizing monitoring- In the event only�`� well testing or monitoring it Well, then that party shall conduct and pay for an Y deems desirable in its discretion- In the event the parties disagree as to any matters ere to submit the disputed matter to an ' mwert under this paragraph, the parties agree pursuant to the provisions of Paragraph 10 below. 6. Re t.*-- L In the event that the Weil, for whatever reason, fails or is desired by the parties to be re -drilled at a location other than its current location, the parties shall mutually agree to select a replacement well site on the basis of the best information available to thein for the locating of an adequate well water source and with due consideration of the legal factors described in Paragraph 2 above. If only one party is connectedto and utilizing water from the Well. such party shall bear all otherwise if more than one party is costs for the Well reiacatian4lre�-drill�,g�bear all costs equally. At such connected to the Well, the parties so connected shall time the other party or parties desire to connect to the Well and the oasts, its corrunence use prowater on its Parcel, that other party shall pay to the party fronting rata 1/3 share of such costs previously incurred upon presentation of an accounting each party shall be responsible for its pro rata 1)3 share of of those costs. Thereafter, ng forward. If all parties seek to utilize all well construction related costs, if any, same time, then parties shall sharewater from the Well at apprvximatelY In the event the parties cannot equally in the costs described in this paragraph_ mutually decide upon whether or in what manner a replacement well shoo ldbe constructed, the parties agree to submit the matter to an expert pursuant provisions of Paragraph 10 below. 7. Welland. Related Ea I►liamm Creek hereby conveys and grants to Water Company and Properties, for the benefit of the Water Company and Properties Parte a non-exclusive easement consisting of a ten foot radius arasmd the existing 5 the area within radius, for purposes of access, motion, Well, including operation, maintenance,. repair, replacement, utilization and improvement of the Well. Marnm Creek also herebyand grants to Water Company and conveysProperties Parcels, an Properties, for the benefit of the Water Company the ,area within the radius, consisting of a ten foot radius, including cit Mamm Creek Parcels for around, over and under the storage tank � storage and utilization of common storage of water from the Well for purposesg water and construction, installation, access, inspection, operation, maintenance, repair, replacement, relocation and improvement of the storage tank Mamm Creek to Water Company and Properties and, to the extent such also hereby conveystoMamm Creek facilities lie within or traverse its Parcel, Properties shalf ono � 7112") in width and Water Company, easements measuring as located and in on each side of the centerline of all buried water delivery pipelines place and which are necessary for water service to the Water Company Parcel, the Properties Parcel and the Mamm Creek Parcel. Said pipeline easements shall be for the purpose of construction, installation, access, inspection, operation, maintenance, repair, replacement, relocation and improvement of the water delivery �from Mam� Well and/or storage tank to the Water Comparry and Properties ParcelCreek also hereby conveys to Water Company and Properties arid, to the extent such nights of access are required across its Parcel, Properties hereby conveys to Water Company and Marnm Creek, appurtenant rights of reasonable ingress and egress access across the Mamm Creek Parcel and the Properties Parcel along the edsting roads, and from there, along the route with the least impact to said Parcels, to the accomplish the above easements described above, as reasonably required to the parties desire, the purposes. Upon final construction and installation, if any of parties shall prepare recordable as-built drawings or surveys fixing the locations of such structures and easements. In such case, the cost of any as-built drawings or surveys related thereto shall be borne equally between the parties. Notwithstanding granted according to this paragraph shall first be the above, any easements approved of by the owner of the Parcel impacted or burdened such r d on the entsdo not actual or planned locations in the ground to insure interfere with the ability of the owner of the burdened Parcel to develop the same in accordance with all existing and future zoning and subdivision entitlements issued either the Garfield County Planning and Zoning Commission or or to be issued by Garfield County Board of Commissioners, and such approval shall not be unreasonably withheld. The owner of any burdened Parcel shall have the right, at its own expense, to relocate any improvements and events necessary to conveniently develop its Property so long as such relocations do not adversely impact the delivery of water from the Well and Water System in terms of quality, quantity, rate of flow, pressure and cost of OM&R going forward. 6 1 1 1 1 1 1 1 1 1 1 1 i 1 1 1 1 1 8. New Welld Terms and •...' r a .. If any,, or replacement well is -+ ►. p� to this Agreementoutside of the Well or if oder drilled annd which impact or require changes improvements or alterations to the Water System the parties hereby agree to to the easements described in Paragraph 7, hereinabove,for the and rig, easements, as well as, similarthe be grantimprovements or alterations to release and vacate old new well or Water System �P are no longer' utilized for the easements described herein to the. extent they withdrawal and delivery of water from the Well or Water System. In the eve there is the need for excavation of any 9. Ex va �vn d water line, storage tank or any other componentof the Well or Water �� for any ree to restore the ground surface Pum under this Agreement, P� excavation he impacted thereby to the condition, vegetation and grade immediately y pr1or towas retthe excavation, and shall share equally the costs therefor if such the excavation work shall the initiating to a shared component, in which casePly desires to connect to the Well front all costs and fees ,until such time the other party that other and Water System and commence use of water on its Parcel, whereupon shall pay to the party fronting the costs, its pro-ratat partieshiose costs If the h costs ped presentation of an � of previously and the excavation is related to a are connected to the Well and Water Systemand the outset in the costs shared component, them the parties shall share equally described in thisParagraph - if the excavation is related to an individual component etc.) such party for whose t the individual (e.g. an individual water line, component exists shall bear all costs of excavation and restoration to between the parties which 10. i ti VIIat E t- In �as�ent f�Y�ro�ded for in � of the above requires referral to a water select one qualifiedBement, the parties shall mutually provisions of this Agreement, installer, or a professional well professional water engineer or a professional pump installer, water expert driller (collectively referred to as water expert" ) based on whion the particular matter, to make would have the best consulting name ndations anda budget and to render a decision for the parties, including regior, and the parties agree to be bound by such potentially recommending "no action",provided however, the et of the water e�rty recommendations, decision and budgtogether � or not be bound by sum. water parties may always manually agreet agreeas to selection of a water expert,. expert recommendation. If the piesand selection from the each party shall nominate one qualified neutral water expert nominees shall be made by a coin toss. All costs and fees of such water expert shall be split equally between the parties. be NAM. All notices required under this Agreement shall be in writing and uesteqed, 11.ered or certified mail, return receipt hand delivered or sent by regist 7 postage prepaid, to the addresses of the parties set forth below. All notices so given days afterdepositinthe U.S. Mail to the shall domed effective bnoti given may mange the address to which addresses below. Either r party by future notices shall be sent 319 Water Company LLC c/o Jimmy M- Sills 4570 Highway 6&24 Glenwood Springs, CO 81601 With copy of Notice To: Robert T. Lazier 386 Hanson Ranch Road Vail, CO 81657 319 Properties, LLC coo jimmy M. Sills 4570 Highway 6&24 CO 81601 Glenwood Spm With Copies of Notice To; Don Scarrow 1981 County Rd. 210 Rifle, CO 81650 Bill Collins 85755 Hwy 6 & 24 Glenwood Spas, CO 81601 )Hamm C1eek Commons,, LLC c/o Jimmy M. Sills 4570 Highway 6&24 Glenwood Springs, CO 81601 e Land. The rights and obligationsof each party set forth herein shall 12. R W xth Th t to tip respective Pare and run with the land and beaP� � the event of a transfer of a transferred separate and apart from said Parcels. deemed a party to this parts Parcel, the successor owner shall auto Y be acceptance of a deed to Agreement in place of said predecessor party, at the time said Parcel - 8 13. Bim. This Agreement and all its terms and conditions shall inure o e to the benefit of and be binding upon the successors, and assigns of parties her represent 14. Authorization. 13y executing this Agreement, the parties contract and ecknowledge decut s to one another that all procedures necessary to validly Agreement have been performed and that the persons signing for each party have been duly authorized to do so and warrants it has authority to make the grants of easements and other conveyances or assignments described in this Agreernent. 15. Entire_ A reemertt. This Agreement contains the entire agreement of the parties concerning the subject matter herein and supersedes all prior agreements, if any. 16. AttorneyFees. In the event that any party to this Agreement is reasonably required to utilize the services of any attorney to initiate litigation and enforce any provision hereof, then the party prevailing in such litigation, whether the party initiating litigation or otherwise, shall be entitled to his or her reasonable attorney fees, court costs and all costs of such litigation. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first written above. 319 Water Company, LLC By: Timmy Sills, Manager The undersigned member of 319 Water Company, LLC hereby approves execution of this Agreement: Robert T. Lazier, member of 319 Water Company, LLC 319 Properties, LLC Jimmy Sills, as Manager of 319 Water Company, LLC Mamm Creek Commons, LLC 9 319 Properties,. LLC my Sills Manager of 3.19 Water:Corarafty, Pie.47545, rviamm Creek Commons, LLC Aimmy 5 s Manager of Mamm Creek Commons, LLC STATE OF COLORADO )ss. COUNTY OF C---1CLItr-t LL I ) Subscribed and sworn to before me this day of roDy,,airA 2005, by Moto.) i as frizunoLckt,e pC 3%\ PYO( r -4-1-c 5 , LLC Witriess.my_hand and official seal_ LINDA NOTARY 13131..IC STATE OF (.-...,-:.A.ORADO My Commist" STATE OF COLORADO )ss COUNTYOF Gar od, Notary Public My Commission expires: Subscribed and sworn to before me this S11-` day of eigra,a_ 2005, by Lir: rot 1414-A-6 CA_ c_ Yn_LIA.GLCifii- Vilta 01.4,t_ rt 6 Dyt6VtS, LL.e Witness my hand and official seal. LINDA Notary Public. NOTARY :''LIC My Commission expires: STATE OF C 7q...ORADO My Com -7,- 9 STATE OF COLORADO )ss - COUNTY OF Subscribed and sworn to by '1 r 5 ` Its a5 ;;;D:11 atArtomiqg L°6 -- Witness my hand and official seal. LINDA ,, .. . LJUSSI NOTARY PUBLIC STATE OF COLORADO My C.onwnzSt&- .i.'232005 day of al) r i c r J 2005, a& 3)9 Wail- Ca nt,pa nl, [-Ll' Notary Public My Commission expires: STATE OF COLORADO ) )ss. COUNTY OF , r 1u tot. Subscribed and sworn to before me this 011 -%day of by ' o1.7e r-- i i._&_- i e Witness my hand and official seal. LIND%, .i5 -tet NOTARY :' UBLIC STATE OF .ORA©O tory come r '14,4/0144? Notary Pub My Commission expires: Gbrua tcr,,lr 2005, r CA °un'ti L LC 10 02/02/2805 21:57 9769479233 3Ih3f1 SILLS PAS 63 PROPERTY DESOUFTION A PARCEL OF LAND SITUATED IN THE SHIN 5E114 OF SECTION 23, AM) THE ItIlf2 NE114 OF SECTION 26., SIR 6 SOUTH, Bim' 93 WET OF THE SIXTH PRINCIPAL MERMAN, CARPO COMM, COLORADO,. SAIDPAACE1L. BEM MORE PA1MCULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SECTION COR141311. MAIM TO SEC11016 23, 24, 25 AI40 26 WEA THE wrrNEss O 10 SAID SEcinoN 00.MILIBEAsS NOtT 7592 Fbbl: THENCE S.O0^520Y E. ALONG1 EAST LIME GF SI*W SECTION 26 29111 FEET; THENCE LEAVING SAM EAST UNE &19-39150PW. 1314.14 POET TO A FUMY ON THE NORTH SOUTH CENTIBILINE OF SAW NM 14111/4 SE CTIO +12it THENCE S.O0'291341"E ALONG SAID Norm souni COMMUNE 6.94 MN: THENCE LEAVING SAID NORTH SOtflB ALINE . 190.216 Farr r TO A POINT c04 THE EASTERLY RIGHT CIF WAY LINE OF COlonyiroAD 319 AS DIFISCRIBED141 BOOK 79 AT PAGE 533 OF THE GARF1ELD COMM' CLERK AND RECORDERS OFFICE; THENCE N.15'14'12'E.. ALONG SAID EKY RIGHT OF WAY LINE 14113 FEET; THENCE LEAVING SAID EASTERLY mar OF WAY L 320,45 FEWT; THENCE N 0$"2152"E_ 89[ O1 PIS?; THENCE 5,41‘01$30°E. 42.66 IIFE74 T S_25'05 Q 3 "E. 27,50 FEET; THENCE 53445 44 4849 FEET; T1 1.16-1347°E. 36.49 FEET; N_64 `14' E. 9114 Vii; T1 +ICEN.07 21'3t'E 31_71 N50 -3471 °E, 20930 FEET; THENCE 14 r49'34''IiR! 3'29.64 PNET; N_ 53'39'22'W 237.93 FEET; 'MINCE 5.3946'41111. 1$L65 NWT 10 A rit MITE EASTERLY RIGHT OF WAY LINE OF SAID COUNTY SAL? 31% THENCE N_07 -37417°E. ALONG SAID EASTERLY RIGHT OF WAY La4E 77.444 NWT TO ANOINT ON THE NORTHERLY LINE W SAID SE1M SE1M SECTION 2X THENCE LEA WW S1A1ti EASTERLY LINE A/43 ALONG SAID NORTHERIX IIID 141 s#T41511' . 1233.69 FEET TO THE NORMEAst CORNER OF SAID SEIM SEW SECT1CR4 THIR4CE S.0703451S. ALONG THE EASTERLY LINE OF SAID SI1M *114.`1TJ 23 131673 MET TO THE POINT OF BES_ SAID PARCEL CONTAINING 3605 mORE °RIESS_ PROPERTY DESCRIP-TION LAND SITUATED IN THE S 1 f2 -SE I /4 OF SECTION 23,THED THE N1/2 A PARCEL OF RANGE 93 NElf4 OF SECTION 26, TOWNSHIP �i}NTY, COLORADO; SAID PARCEL BEING MORE DCTH PRINCIPAL lulER1DT�, G'°��D PARTICTJLARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID S1ff2SSEI/4 SECTION 23, ALSO $ � 1"E. INGTHECENTER SOUTH 1/16 CORNER OF SAID SECTION 23; THENCE THE BEING HOF SAID S1f2SE114 141051 FEET TO A POINT ON ALONGASTLY IGH NORTH LINE OF COUNTY ROAD 319 AS DESCRIBED IN BOOK 79 EASTERLY RIGHT OF WAY LINE RECORDERS OFFICE; 1 -HENCE AT PAGE 588 OF THE GARFLEDD' COQ AND EASTERLY RIGHT IOFC WAY LINE ALONG SAID SERVING SAID NORTHERLY9FEET;J LINENCE SAID EASTERLY RIGHT OF WAY LINE S.D7-33'39"W. 77.x9 FEET; THENCE, LEAVING5.22-49'38"E. N.89'48'41 "E. 181.65 FEET; THENCE 5.53'3922"E. 287.93 CE S.117-21130"W.TE22-4 FEET; 529.64 FEET; THENCE 5.50'34'21. "W- 20920 76' 13'47"W, 36.49 FEET; THENCE THENCE 5.+64"02'I4"W- 50.14 FEET;T; `01'3®"W. N.34 -56'44"W. 40.69 FEET; THENCEN_25`05'03"W. 20750 FEET; THENCE 5.08"21'51"W. 890.01 FEE -1; THENCE S -89'39'50"W. 320.95 FEET; THEFEET; N.90.00100"E. 146.90 FEET; THENCE THENCE 5.15' 14' 12"W • 141.83 FEET; �1= 5.00 "29'34"E. 598.79 FEET; THENCE S.89'39'50"W. 398.8 FEET CE S2T ON E EASTERLY RIGHT OF WAY LINE OF SAID COUNTY ALONG SAID EASTERLY RIGHT OF WAY LINE 400-00 FEET TO A POINT ON THE LEAVING EASTERLY SOUTH LINE OF SAID N 1 f2NE114 SECTION 26; THENCE Y� AV I I "W. SAID 748.04 '1�: O RIGHT OF WAY LINE AND ALONG SAID SOUTH LINET�1 1/16 THE SOUTHWEST CORNER OF SAID N1/234E1/4 ALSO BEING THE CENTER NORTH CORNER OF SAID SECTION 26; THENCE N.01'07 22"W. WESTA- UNE O 5.17 F SAID N I f2NE114 367.89 FEET; THENCE LEAVING SAID46.32 FEET TO A POINT FEET; THENN.45" 19138"E. 851.97 FEEf; THENCE N.90.ROAD-,� ON THE WESTERLY RIGHT OF WAY LINE OF SAID COUNT" Y RIGHT OF WAY UNE 155.46 FEET; THENCECE N.15 -14'12"E. ALONG SAID WESTERLY ��, OF WAY LINE N -10'03125"E. 152.34 CONTINUING ALONG SAID WESTERLY152.34 THENCE LEAVING SAID WESTERLY RIGHT' OF WAY LINE N.90'00•00"W. FEET; THENCE N.08"21'52"E. 697.63 FEET; �; -INCE N.la-a3'25'E. 82.79 FEET; N.45"00'00"W 234.89 FEET TO A POINT 4N THE CENTERLINE OF A 60 FOOT EASEMENT ANDCRIBED IN BOOK 594 AT PAGE 886 OF THE GARFIELRED COUNTY CLERK FEET; H AS DES .H.� N_6,6`56'40"E- ALONG SAID CENTERLINE THENCE ERAS OFFICE; N.00 -01'00"E. 364.95 k 1; THENCE S.74' 19 033"W. ''NCE LEAVING SAID CENTERLINEy LINE OF SAID S112SE1f4 SECTION 23; 1143.00 FEETTDAPOIN"TONTHE� THENCE ALONG SAID WESTERLY LINE N.00 -05'00"E. 315341' 1 TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 41.25 ACRES, MORE OR LESS. EXCEPTING FROM THE ABOVE DESCRIBED PARCEL, A 60 FOOT RIGHT OF WAY BEING COUNTY ROAD 319 (BOOK 79AT AGE 588). SAID RIGHT OF WAY CONTAINING 337 ACRES, MORE OF I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Section 26, Township 6• lie Cry n � d Secy 23r and ere staid being A Range oft in sP! * G Countyr 93 West dUleS� w�..F"� Southauginoing at the dsaid Section 23. ales Wag Iles Norio IWest A comer of said Solkon 26, and belag described as follows: surveyor DiIWO mover East lig d a Garfield County Sem 23, 7vit8e heleavirvgsdNorth 74619133'03' E 00 feet; thence South otratur We 84 to of as whew OD 'net is Montt MO 3� Page South 66•56•41r %Vast 885 in the records of the Galled �aad gOlfEast 23459 Sent _ said centerline i �t hence lewring said Sem Sam 00•21'57"West Sem 10.0,22r1239 Mot *seam North Eat el i5 t •tog Eft on lorr31lir Sald pie YirO 3tMIP feet IMesamrl1 of sting the hence along 401 ok ow soak 141'0325' West 152.34 hart ent said right d w �t■ 'sad right of gray Mori fillursir W 4632 feet thence Sonde 46'19636' West s91�3 feet. b a paid els lies West line d said �I�� cd2311k�NOM illiinr slat Wog line 952-25 lest. b Vie Section POINT OF BEGINNING. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ASSIGNMENT NT ANDQUIT CLAIM DEET) een JIMMY M. day of February , LLC, �and 319 `NATER CQM�PANY 0fCotyASSIGNMENT > DEQ, trade of Co (Grantor), 319 MFA a Color of the Limited a Garfield Co and. State of a 0 Colorado, 1/3rd) ,divided intim and M plyfS, SILLS,Company, as to a me -third { ll3rd) �� interest, a LLC, ado Limited Liability as to a one-third ( -# to (st, an divided Limited Liability Co'ras to a one 6 & 24, a Colorado NS Colorado Limited Liability Company, it Sills, 705 d) CgEEt, COMMONS LLC, a liability being do Ji Y the legal address for said limited interest,CO $1601 (Grantees): good Glenwood Springs, o f One Dollar and other Grantor, for and in consideration of the suraassigned, WITNESSETH, n s' ,"tion the of which is hereby acknowledged, release, receipt and sufficiency , and by the presents docs assign• remise, and released, sold, con and [BUST and assigns forever, all the right, Grantees, their heirs, water rights, together ig with remised, to the CLAIM unto the Grantor has h' th sell, Convey and � m and dem which the County of Garfield and State of Colorado described title, interest, and being in the improvements, if any, situate, lying follows: from thatcertain water well fining to or deriving61926-F. m s All water and a Cr rights pew ertain dos under Well Permit Number permitted by the Colorado State Engineerc wateell t to the dor�tr r w rovements and facilities apps is casings pipes_ w Together with all Welke imp t Numb 6l9264, including all pumps,permitted under Well fermi greemen Snbjace to the terns t ,executed and conditions contained in the Well SharinggA operti , ex c and and between 319 Water Corny, 'C on date herewith by Marian Creek Commons, LLC. ccs and privileges together with all and singular the appurtenances HAVE AND in 1nywi unto appertaining, and all the estate, right, title, interest and claim TO HA use, benefit and behoof of the Grantees, whatsoever, rbelonging oG a to , either re ui to the only proper whatsoever, of the Grantor, either in law or equity, - this -__ _,,,r,t and deed an the date set forth their heirs and assigns forever. IN Wrrr4ESS WHEREOF, the Grantor has above. STATE OF COLORADO ) ss. COUNTY OF GARFiELD -11_)."— day of February, 2005, by The foregoing instrument was acknowledged before me this JIMMY M. SILLS, NOTARY _ ' u3L1C STATIC. OF f..--'�flRAdO Witness my hand and official seal. -,, 23.2005 My commission exp For Office Use Only STATE OF COLORADO OFFICE OF THE STATE ENGINEER 1313 Sherman St. Denver, CO 803 81 B Centennial Bldg., (303) 866-3589s-1 l (303) t3s� `03 CHANGE IN OWNERSHIP D"# ES CORRECTION OF THE ON 6i 92'8-F serf the 1Ne11 Pr�rmit Number , ersh of the wet ame address and hone of the cairn LLC- & Mauro) Greek Core LLC aAME(S) 319 Water 45705 6 & 2A ailing Address c/o ,iimm Sills amity, St. Zip Glenwood S • nn s CO 8160i 9?0 ) of the well permitted as referenced above. hone ( that they are the ownerS This form is filed by the named individual/entity calming is filing is made pursuant to CRS. 37-90-143_ Owis Well DesignationLrfStilis e!! too. 2 County Garfseld CO 81650 W EL'L LC?CATlC3M: Rifle 1 1 Vacant Land (GAY) (State) (P) (Address) 93 Q E. a r W. 6th SW'�'� 114 of the SE'. 114, Sec. 23, Twp- 6 N.or S -• Range RM. Distance from Section Lines Line. Block Filing/Unit Lot��• Subdivision Name herein_ The existing record is being that he, she (they) own the well described The above listed owner(s} sa y(s} � Chancre in name of owner 0 Change in mailing address amended for the following reasons Witted prior to May 8, 1972 and non-exempt welts permitted before ▪ Correction of location for exempt wells i� riling correction of the well location. ▪ May 17, 1965. Please see the reverseside for further inform bled above, �� the contents of the are the owners) of the well 1 (we) calm and say that l (we) (are) to my (ter} kno+n�- IIstatements made herein, and state that they are true Signa • the new owner. Date 850 Ft. From 1111 E. or D W. FL From 0 N. or 1111S 245E1 Please print the Signer's Name & Title I iimrn Sills Man . • er of 319 Water w ar C?t 319Pro * = i : LLQ R1 Silty Maoits Martini Creek Y�r ees LLCH. s IIt is the responsibility of the new owner of this original letter of agency signed hyo 1 �petC and sign the fes- Signatures of agents are acceptable it an attached to the form upon As receipt. 1 1 1 1 1 1 1 1 1 1 1 1 1 ASSIGNMENT AND QUIT CLAIM DEED day of February, 2005, �' 319 W ATER DEM, made this 319 PROPERTIES, between LLC, ColoradoTER TFlts ASSIGNMENT Liability Company, (Grantor),CREEK COMMONS a Lim tC Li i a Y C gado limited -third (1 /3rd) tmdiVided interest, and MAMM for as to a Brd) undivided interest, the legal address Limited a Liability Company, 6 d 24, Gir-nwood Springs, COaddress 81601 for LLC, r Coloradolbi Limited Liabilitybeing do oJimmyto a _ 05 Hwy. said limited liability companies (Grantees): r on of the sum of One Dollar and other ed,remised, W�l't3[, Thai the Grantor, fox and � consideratiwla�ged-. rte' the receipt and su icienc-y of which is hereby ackno 1esd, h rei sign sell, crs revaluableed consideration, oldconveyed and by these pests does assign, each sold, conveyed and Qt1Fr Com' � assigns fomes, a one-third (1J3rd) interest nvey released, improvements, each if and QUITCLAIM unto the heist, claim their nand in and to the water rights, togetherwith in in Grantor's riga, title, nattiest, � of Garfield and �� of Colorado described as follows: any, situate, lying and being in the County All water and water rights pc/Mining to or deriving from that certain Allotment Contract #440219WC(a) with West Divide Water Conservancy District executed on date and conditions contained in the Well Sharing Agreement� and on mm even h�. re the by ands 319 Water Company LLC, 319 Properties, even herewith by between Creek Commons, LLC- pertaining third (1 /3rd) interest in said water and water rightsporta Grantor reserves to itself sone- bed above. to or deriving from said Allotment Contract #O40219WC(a) described singular the appurtenances Privileges with all and ttine, interest and claim TO 13nvE AND TO HOLD the carne, together- �. and all the estate, right, thereunto belonging or in anywise thereunto Mainbenefit and behoof of the Grantees, tor, either in law or equity, to the only proper use, whatsoever, of the Gran their heirs and assignS forever. IN o er- IN WrprESS this assignment and deed on the date set faith above - WHEREOF, the Cantor has executed 319 WATER COMPANY, LL�nr�nn any A Colorado , 'ted Liability F STATE OF COLORADO ) COUNTY OF GARFIELD ) instrument was acknowledged before me this 71�' day of February, 2'005, by Jimmy The foregoing a Colorado Limited Liability Company. Manager of 319 Water Company, LLC, Witness my hand and official sail. My ,omission expires: L1ND ,. .i OSSl NOTARY PUBLIC STATE OF COLORADO ss. NotaryPublic Contract # 040219WC a Map ID # 491 Date Activated 2_1121_203_4 APPLICATION FOR DM ASSIGN-KENT AND/OR NN OF WEST DIVIDE WATERCONSERVANCY C� WATER ALLOCC3VI 2{1 5 Date: Fel __.2___----11-2 Contract #: 040219WC a Water Allotment Limited L,iabili � " `, Name of Contract Halder: 319 Water Co LLC a Colorado LLC a Colorado 1 irsd#cd Liabili Name of Assignee: Marmn Creek Co � Add S + -� -A.,... CO 8160 Address of Assignee: do Jimm Sills 45705 -6 & 24 Glenwoodood Number of Acre Fret Assigned: 5.41 Number of Acre Feet on Original Contract: _____1b_23—. Legal description of parcel where well is located: See attached Exhibit A Le'g give notice to and make application to West Divide \I do hereby g and a Allotment Contract as set forth The undersigned Contract Holder andAssigneet of the above describedand conditions WaterConservancy sng this nsci for the partial e doesassignhe to assume and be bound by the terms to said ibis int and all does a veto with r to mon assigned alcove. By signing Contract and all addend formance , said contract to the extent that of said WaterundeAllotment Assignee It is understood has been tHolder by Asg such peal performance Executed the date first written above. Contract Holder: 319 WATER sIMPANY, LLC Jimmy Sit STATE OF COLORADO ) )ss - COUNTY OF GARF ELD 20115, by Jimmy of February, t was acknowledged before me on this U The foregoing instrument a Colorado Limited Liability Company. Sills as Manager of 319 Water Company, Witness my hand and official seal. My commission expires: Assignee: MAMM CREEK COMMONS LLC Jimmy f - ills, Manager STATE OF COLORADO COUNTY OF GARFI ELD ) ss. ) Notary Public L INak.. NOTAR ,' ' UBLIC STATE OF r: `' .ORADO 23, 200f My Corer - . 1 1 COLORADO �� RIVER ENGINEERING, INC. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 February 26, 2007 Mr. Jimmy Sills 45705 Hwy 6 & 24 Glenwood Springs, CO 81601 RE: Mamm Creek Commons Water Supply P.O. Box 1301 Rifle, CO 81 650 Tel 970-625-4933 Fax 970-6254564 Dear Jimmy, As requested, we are pursuing the development of a Community Water System (CWS) to serve the Mem Creek Commons (MCC) project as it expands from its current status of a Transient, Non - Community Water System (TNCWS). As we have discussed in the past, the water quality requirements for a CWS are much more stringent than those for a TNCWS. Since a CWS WSta by definition generally serves the same population over an extended period of time, the pop on served by the system is expected to consume water from the system for an extended duration. Therefore, the population served by the CWS would be exposed on a recurring basis to any contaminants that could be present in the water. The Colorado Department of Public Health and Environment (CDPHE) currently requires that any new CWS test the water intended to enter the water system a CWS quarterly ys basismeet forthis �uiremeregulated contaminants prior to the acceptance of the water system we have completed the first quarter sampling for the existing MCC water system. Copies of the State Reporting Forms for the results of the initial testing are attached. We have approximately 50 pages of additional laboratory quality control and internal reporting forms in our files that we have not included with the attached results. There are several important results that we are bringing to your attention. vels (MCL) fogy Live sum, and the water samples exceeded the Radiological Maximum Contaminant Gross Alpha Particles. The UraniumMCL, and the result was 52 µg11, exceeding the 30 pg/1 non - adjusted Gross Alpha result was 64 +6 µ the 15 MCL. Without additionalg/1, exceeding µ sure to the water is treatment, the water is not suitable for use in a CWS, where recurring exposure expected. We have included a copy of the EPA publication, "Radionuclides in Drinking Water: A Small Entity Compliance Guide". The following health effects information is nexrt from the guide and is included to illustrate the importance of treating g�contaminated "Exposure in your to radioactivity may be harmful to chemical reactions important to living cellsthe cell b om Radiation pulls electrons off atom in the cells (ionizes them) and mayprevent functioning properly.. It may lead to the cell's death, wthe cell's itzabilit} torepair 'ascii:or to the cell's uncontrolled growth (cancer) ning., average of .- The !',ride indicates that compliance with the MCI., is based on a one year if anyqquarterly' sample: samples, les. [he titanium result exceeded the �1C'ss Al lha uarterly results. l:xceedin!~, the Mt I- iG ntnsa ep rriztned tn, hr+ue uccurrn. tl,c [,r P .7 times (52 pi times the MCL.).Forthe r { ifl. The preliminary' pig/1 � 3[? µ�+t). Compliance with the Gross Alpha MC°I, is based on times cti µ'6l Cifl value less the Uranium radioactivity value in pCi/l. calculated calculated radioactivity value in P ' 111 (52 µ,fl x 0.67). Subtracting calculated Uranium radiological of3 value is the PC,e l ? ngefl to 35 i/1 tl. of 35 Cell from Gross Alpha radiological Value range of 58 p+Cif to t 70 pCilz produces avalue P15 ['ill tn, ti . 7t1 till produces adjusted gross Alpha radiological values in the range {°ill � P e approximately L5 to 23 times the Gross Alpha MCI_ (23 P 5 )'hese values are ape ,d additional sample bottles to conduct a confirmation Radiological anal!1 and have We havet Orden ani1 radiological vaibu .e Radiological laboratory to determine the aniutiz, isotope distribution analysts asked orderz relitninary calculated Uranium in the original sample: in to confirm the. P .tile Organic Contaminants (''�'()t-) and ue. • is (SOC) at Below [)erectable Levels (BIN...). All Inorganic ()n the positive side. the recent results showed all Vo a �!t, which had been high in Synthetic its wereir eitherConminae contaminants BDL or below 3I l MCI.. The hcu!-ra.nt duar[trate e:rly .�ample- the oriP.il,al water duality analysis, was 1f you have any questions, please do not hesitate to call 970-625-V33. Sincerely. Mark 1 !ayes. Technician Christopher Manera. 1'.I: • I (fiLORADU 1 1 1 1 1 1 1 1 1 1 1 1 1 ENGINEERING INCORPORATED 1 1 October 23, 2007 CDPHE-WQCD CADM-Monitoring Plan Coordinator 4300 Cherry Creek Drive South Denver, CO 80246-1530 RE: Monitoring Plan - Mamm Creek Commons — PWSII) C©022350[) To whom it may concern: Enclosed please find a copy of the Creek. Commons Water System. If above numbers. P.O. Box 1301 Rifle. CO 81650 Tel 970-625-4933 Fax 970-625-4564 Monitoring Pian Summary and Schematic for the amm you have any questions, please contact us at any of the Jimmy Sills, Mamm Creek Commons MCC CDPHEMONPIAN.ciac Sincerely, Mark Hayes, ' hnician Colorado River Engineering, Inc. MONITORING PLAN SUMMARY rSa SHEET T For Transient Non -Community Groundwater Systems ado ry !n order to meet the Monitoring Plan Submission Requirementsof the and submit t to thepnma following rining Water Regulations, complete this form, attad�DPHE detailed schematic, address: Attn: CADM - Monitoring Plan Coordinator 4300 Cherry Creek Drive South Denver, CO 80246- 1530 Part 1 System Summary 1. PWSID Number CO -02235 2. System Legal Name: Mamm Creels Commons !o Jimm Sills CO ( Glenwood 5 • ri • s (State) (Zip Code) 3. Legal Address: S re Court (CRY) {Street}t) 4. Legal Contact Name:Jimm Sills 5. Legal Contact s Phone Number: 97 92&8882 T r_ Estimated 24 Visito 6. Total Population Served: <48 Max 24 Em 7. Normal Operating Season: ear Aroun ' or Seasonal (circle one) If seasonal: Opening Date Closing Date Part 2-4 Water System Details (Sources, Treatment, and Distribution System) attach a schematic drawing of your water system that In ifiefacs tie following: mel! sources Please stern, treatment facilities, storage entry ns, an any distribution ell tern monitoring locations. Some examples are included. stations, and any distribution system 1 Number of Ground Water Sources: 11 2. Number of Treatment Facilities: 1 Point in the4 Number of Treatment Plants Using 3. Number of Storage Facilities: One or More of the Following at any Treatment Process or for Residual Maintenance: a. Free Chlorine: b. Chloramines: c. Chlorine Dioxide: Q d. Ozone: e. Other disinfectant: __!0___ (specify type) 5. For each treatment facility, fist any additional treatments used other than disinfection: ri_.a 81601 Part 5 Individual Rule Sampling Plans 1. Norma! Frequency for Submitting Microbiological Samples:. 2 Number of Routine Microbiological Samples Submitted or Monthly (circle one) Month tho Quarter one) }� fitting Nitrate Samples: _ Quarterly, or Monthly (circle - Sampling Locations (i.e. Entry Points to the Distribution System): 4. Number of N October 23 2007 Date 3_ Normal Frequency for Su m O ratar v r! Signature of Owner or Authorized Representative Tie PWS1D Number: _ System Legal Name: System Schematic Di System Description: Individual Rules: Bacteriological: CO -0223500 MONITORING PLAN Mamrfi Creek Commons agram: See attached drawings A well supplies this facility. The well is located approximately 175 -ft southwest of the Pumphouse. The water is treated and stored in pressure tanks in the Pumphouse prior to distribution to the four existing buildings. Disinfection residuals are monitored at the Pumphouse and in the distribution system. As a transient, non -community water system this system is required to monitor for total coliform bacteria and nitrate/nitrite. The average daily population served is estimated at 48 per day. Based on this population, ical sample per the system es are collected from uired to collect building at 1936 . County Road 319 Samp (Marnm Creek Road). Samples Required: Collection Sites: Collection Dates: Collection Procedures: Repeat Samples: Nitrate: Samples Required: Collection Sites: Collection Dates: Collection Procedures: 1 per Quarter Restroom sink at 1936 CR 319. Generally during the first month of the quarter. Allow water to run for approximately 5 minutes. Measure and record free chlorine residual. Adjust water to a medium flow rate. Fill sample bottle to indicator line. Cap bottle being sure not to touch inside of cap or bottle. Complete sample collection form. Deliver sample to post office for shipment or hand deliver. Ship sample to CDPHE Branch Laboratory in Grand Junction. In the event of a total coliform positive sample, a repeat sample will be collected from the original sample site and from each of the other 3 buildings. 1 per Year (Nitrite: 1 per 9 Years, completed in 2007) Hose bibb in Pumphouse, first tap after treatment. During each calendar year. Allow water to run for approximately 5 minutes. Fill sample bottle and pack in cooler with ice pack. Complete sample collection/chain of custody form. Deliver sample to post office for priority shipment. Ship sample to either CDPH&E Laboratory in Denver or to Evergreen Analytical Laboratory in Wheat Ridge. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Grass Mesa Road Punphause O 1-0 C] F 00 • c Z ` 0 Z i L C LU LU V Q 1 1 1 1 1 1 t N111 4 1 PUMPHOUSE EP001 P.U.B 319 PROPERTIES rue 4411AC PROPOSED BLDG. • • +EXIST ING BL DGS TAr 1936 CR 319 DS001 \co 39.84+/- ACRES SOUTH 1/4 CORM =now tS cam= mum snoring FOOT ACCESS EASEMENT r PROPOSES BLDG. PO Box 1301COLORA©O Rifle, CO 81650 RIVER Tel 970-625-4933 •44.ENGIt'1EERLNG Fax 970-625-4564 . Waa.�ta,,ra.R� yO..�M. Au9rr ' Wei Dams 6 Hy,di ology, Flood Plain Analysis Gnxirkt"W+ Canals, • MAMM CREEK COMMONS WATER SYSTEM File Name: BaseMap.dwg Drawn by: MH A,prrd y: CM Job t3a: 663 Date: Oct 23 ICA -ME HO. Client: Jimmy sins Manua Crede Comma 1 1 1 1 1 P.Q. Box 1301 Rifle, CO 81654 7 Pe Tel 97O-6254933 Fax 9706254564 EUHINEERIN€ irceeretwrcu Fax Cover Sheet To: Company: 131-1( C°11f- Cti . x11: ' Fax Number: (' -- +� From: ,kA 1v f' Pages (including this cover sheet): Date: 10 '22_ Job Number: RE: VVC 1 1 1 1 1 1 1 1 1 1 1 1 Comment: tLlrr"tk-i ktacki als w n ; t follow b mail If you have any q uestions concerning this fax, please contact us at 970-6254933, Thank You. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 10/08/2807 07:18 9709479233 .ii*1V SILLS ,West 1 wide Wates CAS I)6nuiet 109 West Fourth Street P-0, Have 1475 Rifle, Colorado 81650-14711 T (970) 625-5461 F (9'70) 625-2796 Emma. vonesgradwedoeg September 25, 2007 319 Water Gly, LLC do .Timmy Sills 45705Hwy 6&24 81601 Glenwood Spnnga, CO PAGE 02 2087ANNUAL WATER METER READING FORM _ water allotment contra and your well permit from the State of Your West Divideat each of Colorado, require the annual nteasuremeat of water use from a meter d your points of diversion- at this time. 1) Tease read each of your teeters on The folltruvin;; j�ferrferrytti�tltrt � requiredat ?lease provide a or about October 15, , and complete the information below- 7 copy of your well permit. Return this form and a copy of your state -issued well permit in the enclosed envelope. You may also entad or fax this information. 1;rs a�ie. _.t,/q:: matron. ; ' �wawasr raay result Fn mar r I$ios of your water anotoeut k'e•i r allure tie pr#""� �+ isirrrw�:+*� � a tis+�tSF West Divide Contras No.: 04021011=14 S (Well) Name: L'eg`ate No. 2 Wel otioi N P� State of Colorado Well Permit Na.: ie 9 P ` tS z 2)51 Stag of Well (1n -use or ivadi re): - j �u u5 ,Mco `1=3000 }'1 17 - Meter Make 1 Model: _ _ ---_. Date of l+/ietcr Reading: Meter Reading in Gallons: Date Meter Replaced and Meter Reading at Replacement (if applicable): NA- tobslro-7 CO34)2,$ Si1� t377l C 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Garfield County Road and Bridge Department P.U. Box 426 Rifle, CO 81650 Fax- (970)6254627 Phone -070)625-8601 Invoice Driveway Permit Number: GRB07-F3-9 Invoice Date: 6007 Bill To: 319 Water Company 0539 18 Court CO g1bp1 Glenwood Springs $75.00 per Driveway Permit. Permit Fee: $75.00 Driveway ._ _..._ .-.. _._ Total Due: $75.00 Thank Yout TO 39Vd 3saiela (INV Q'Qd LZ9E9Z9 9Z:EO Lp@ 13Z'Ze 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 A Person Obtaining Permit: 319 Water Company Application Date: 2/26'2007 County Road Number: 319 from the Board of County' Commissioners to construct a driveway approach (es) 4 114 MI North of 1984 CR 319, located on the � side of road for the hereby right-of-way aypeoff o 3C un authority1tad.. on the right-af-way off of County �s purpose of obtaining access to property. Applicant Submits herewith for the consideration and approval of the Board specification of County Commissioners. a sketch of the proposed installation showing all the necessary detail including: 1. Frontage allot along rod. line - 2. Distance from centerline of road to property 3. Number of dnveways requested of • roach. 4. Width of proposed driveways and angleapproach. 5. Distance from dr.veway to road intersection, f more than one approach. 6. Size and shape 01' area separating driveways 7. Setback distance of budding(s) and other structure improvements. 8. No unloading of equipment on county road, any damage caused to county road will he repaired at subdivision expense. 9. "Responsible for two years from the date of completion. -i teal Provll141 H pparties in interest, and affirms that the dnveway approach (es) is to be constructed by 1 p The applicant represents allng access to his property and not for the purpose of doing business or h1m for the bona fiders purposee right sere crng applicant shall ffrttsh all 'abor and rnatertals, perform all work. and pay all costs in connection with the 2) : to appfeted within thin' ! 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 6) In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be surely braced before the fence is cit to prevent any slacking f the tha neBord iniofng fence e y Ca d nd ail pots and vire s. removed shall be turned over to the District Road Supervisor 71 No revisions or additions shall be made to the(or its appurtenances on the nght-of•way without written permission of the Board of County Commissioners. 8) ProvtSiOTIS and specifications outlined herein shall apply on It roads s, set t e jurisdiction un sdi attachedofe Booa not County Commissioners of Garfield County, Colorado, P� incorporated herein as conditions hereof. person issuing Final inspection of drlvewey will be required upon completion and must be approved by p pent or representative of person issuing permit. The inspection and sign off must be done prior to any CO from the Building and Planning Department being issued. estdlt10 E 1. Driveway Width- 40ft 2. Culvert required? True Size: 15 inch by 60} 1 Asphalt or concrete pad required? True Size of pad: 40f1 wide x left long x 4in thick 4. Gravel portion required? True Length: 40ft ► False S. Trees, brush ancVor fence need to be remoYed for visibility. 6. Distance and Direction: 7. Certified Traffic Control Required? False 8. Work zone signs required' True 9. STOP SIGN REQUIRED AT ENTRANCE TO COUNTY ROAD n receiving authorization and permission to install the driveway approach (es) In signing this application and upodirt evulsions and conditions described herein the Applicant signifies that he has read, understands and accepts the foregoing pan reviewed and onditiad and agrees to construct the driNeway{s} in accordance with the accompanying specification by the Board of County Commissioners. Signed: 1. ati:r-atttpary Address: Telephone Number:' it anted , subject to the provisions, specifications and conditions stipulated berets Permgr For Board of County Commissioners' of Garfield County, Colorado: Lti+ 3Jt'd epresera ive of Garfield County Road and Bridge Signature 7+I:6a I iC UVO Specifications reach is understood to be that portion of the county road right -of way between the pavement edge a and i A driveway y rp the property 1 me that is designed and used for the interchange of traffic between the roadway and abutting property. At any intersection, a driveway shall be restricted for a sufficient distance from the intersection to preserve the residence entrances that a normal and safe movement oftraffic. olVided anis d for sorrd forel comm lc al entrances a minimum. a minimum100 feet be intersection clearance of _ t7 P provided.) 3. All entrances and exits shall be so located and constructed that vehicles approaching or using them wi11 be able to obtain adequate sight distance in both directions along the county road in order to maneuver safely and without interfering with county road traffic. 4. The Applicant shall not be permit3ed to erect any sign or display material, either fixed or movable, on or extending over any portion of the county road right-of-way. parcel or n the frontage of which is less than 5. Generally, no mor -e than one approach shall be allowed anyproperty frontage in excess f' one handset lan?, one hundred (100) feet. Additional entrances or exits for parcels having a .rontag feet shall be permitted only after showing of actual convenience and necessity 6. All driveways shall be so located that the flared portion adjacent to the traveled way will not encroach arm adjoining property. commercial dnr'ev� ay shall have a width greater than thirty (30) feet measured at right driveway shallaangles to the centerline a• ^. 1+io a ssible radii. No nonoornrne"rcial drs y of the driveway except as increased by permissible than twenty (20) feet measured at right angles to the centerline of the driveway, except as increased by permissible radix. right angle to the centerline of the county road. and of any angle 8. The axis of an approach to the road may be at a B degrees- Adjustment will (90)degrees and sixty (60) degrees but shall not be less than sixty (60) between ninety gr physical conditions. be made according to the type of traffic to be served and other p y; the county road ngltt-of-+vaY is specifically prohibited of or servicing areas onparking facilities. 9. The mer ill eon parking Commercial establishments for customer vehicles should provide off-the-road the toad surface at the sena rate as the 10. The grade of entrance and exit shall slope downward and away fromin oess l shoulder slope and for a distance equal to the width t e shoutld hbuan ten no ccasnte l 4%an twenty (2W feet erose the pavement edge. Approach roach grades are restricted to s and approaches shall be so constructed that they shall not interfere with the drainage system of the 11. Al) driveway Ovide, at his own expense, drainage structures at street or county` road. Ile Applicant will be required to pr own expense, system. , Board of County entrances and exits, which will become an integral part of the existing & Commissioners 4yr their representative, prior to instillation. must approve the dimensions and types of all drainage structures. en ork one. A work Note: This permit ;hall be ntade available at the site where ado when werini s beinlg d sued without c cw or drawing of the proposed driveway(S) must Bbl nt ompany r sketch. 0 Y. t/ d 3.9rda 12V0d LZSE'SZ9 St :CO blez.:,z/zo 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TRAFFIC REPORT MAMM CAMP RV PARK SUP GARFIELD COUNTY, COLORADO May 25, 2007 PREPARED FOR: 319 Properties, LLC 539 JB Court Glenwood Springs, Colorado 81601 PREPARED BY: Bullseye Engineering, Inc. 2154 Acacia Ave. Rifle, Colorado 81650 INTRODUCTION This traffic study is being developed for the purpose of determining the impact to County accessing the Road 319 associated with the development of a RV park and campground County Road. The proposed development is approximately 1 mile south of the intersection between County Road 319 and County Road 352. The access development to County Road 319 is near the intersection of the county road and Grass Mesa Road. See Figure 1 for a Vicinity Map. Previous traffic reports (Hamm Creek Commons Traffic Stud , July 26, 2004; Mamm Creek commo Engineering are being used as Traffic Study, March 1, 2005) completed by High Country g a reference for this project. LAND USES The site being proposed for the development of the RV Park and Campground is currently vacant. The developer is proposing to develop the site to consist of 100 camping sites all capable of handling campers of various sizes. The surrounding sites include 5 commercial to light industrial buildings south of the proposed development on County Road 319. Four of these building currently fall under existing Special Use Permits. Vacant land exists adjacent to the north and east sides of the site. Also nearby is a 72 lot subdivision to the west at the end of Grass Mesa Road. TRIP DISTRIBUTION The traffic reports completed by High Country Engineering for the previous special use permits is being used as a reference for this report regarding the trip distributions and peak hours. As discussed in these reports, the AM peak hour is between 7:15 and 8:15 and the PM peak is between 4:15 and 5:15. According to the Mamm Creek Commons Special Use Permit (SUP) Traffic Study, the expected traffic volumes resulting from the SUP are 164 trips for the AM peak hour and 143 for the PM peak how. In addition, the 2002 Garfield County Transportation Study, reports 1341 trip for the Average Daily Traffic (ADT) on County Road 319. TRIP GENERATION The trip generation for this developmet is estimated using the has limited Irafl at L a io Engineers, Trip Generation Manual. 6th Edition. This mann for RV parks and campgrounds, but does provide some estimating data. The manual indicates that the Trip Generation Rate is 74.38 total trips for a campground of 42 sites. This correlates to 1.77 trips per campsite or 177 ADT for this project. In addition the peak hour volumes are reported as 0.32 trips per occupied campsite for the AM and the PM volume being 0.48 trips per campsite. Assuming the RV Park is full, hour.his The correlatreble to this project to 32 trips for the AM peak hour and 48 trips for the PM peak below indicates the estimated traffic volumes under existing conditions and post development conditions. 1 1 1 1 1 1 1 1 1 1 1 1 1 I 11 AM PEAK Existin Pro sed Existin CR 319 164 196 143 PM PEAK Pro.osed 191 TOTAL Existin 1341 Pro 11 sed 1518 The anticipated increase in total traffic is 177 trips per day. When compared to the existing traffic on County Road 319 of 1341 trips per day, the increase resulting from this The and PM peak hours e by 20% development is approximately 13%. plumes are larger than 20%, the overalland34%, respectively. Though the peak hours traffic impact is less than a 20% increase. Since the Trip Generation Manual has limited data for sites of this nature, another scenario is examined. If the RV park is at capacity (100 visitors), and each visitor leaves and returns (or another enters in place of) this would generate 2 trips per site per day. This correlates to an ADT of 200 produced from the RV park. Comparing this ADT to the county reported ADT of 1341, the increase is approximately 15%. CONCLUSION This study focuses on the impact to the ADT of County Road 319. This reports states that the increase in ADT resulting from this development is 177 (based on the manual) or 200 (scenario). Using the higher increase of 200 ADT the overall impact to the current traffic levels on the county road are considered minor. GRAPHIC SCALE tit FM L loch - 590 TL 1 1 1 1 1 1 1 1 1 1 1 1 J 1 1 1 1 1 1 Average Daily Traffic County Road System 2002 Transportation Study Garfield County, Colorado Sorted by County Road Number County Road Name Number 69 83 88 100 101 103 105 107 108 109 110 111 112 113 114 Westbank Rd 83 Sunlight Peak Rd Catherine Store Rd White Hill Rd Red Hill Rd Four Mile Rd Mt So . ris Ranch Rd Kindall Rd 121 122 123 125 126 127 129 132 133 134 137 138 140 150 151 153 Lookout. Mountain Rd Coulter Creek Rd U r Cattle Creek Rd 54 Marion Cemet Rd 162 170 200 201 202 Three Mile Rd Mitchell Creek Rd Mel Ra Rd South Can on Creek Rd Can on Creek Rd Slaughterhouse Rd Average Daily Traffic (ADP Sweetwater Cow Cam ' Rd Ri, Four Rd Old Hi + hwa 82 La Casita Rd Panorama Dr North D Fork Rd 847 434 144 4813 366 17 40 39 123 19 211 185 427 144 197 1577 525 309 63 215 267 51 38 2564 87 325 71 45 14 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 204 205 206 207 209 210 211 213 214 Carr Creek Rd Brush Creek Rd Mile Pond Rd Clear Creek Rd Conn Creek Rd 229 231 23 235 236 237 238 240 241 242 243 Parachute Creek Rd Antonelli Ln Little Box Canyon Rd Middle Rifle Creek Antlers Ln Miller Ln Pretti Ln Ukele Ln First Street Silt Mesa Rd Davis Point Slau + titer Gulch Rd Bruce Rd Elk Creek Rd JQS Rd Main Elk Rd Frayed Reservoir Rd Anvil Points Rd North Cutoff Rd Bendetti Rd North Hasse Ln West Rifle Creek Rd Mid Valle Ln Prefonfaine Rd Asgard Subdivision Atchee Rd Ste hens Hill North Graham Rd South Graham Rd 951 119 5 283 1117 702 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 296 297 298 300 301 302 Dokes Ln 87 306 309 311 312 313 314 315 316 317 319 320 321 Wittwer Ln Smith Doll Coal Mine Rd Battlement Pkwy Morrisania Mesa Rd Underwood Ln Wallace Creek Rd Rulison1Parachute Rd Divide Creek Rd Garfield Creek Rd East Divide Creek Rd Alkali Creek Rd Mamm Creek Rd Knuckles Creek Rd Beaver Creek Rd West Mamm Creek Rd Rifle-Rulison Rd Taughenbaugh Mesa Rd Shaeffer Rd Rulison Rd Maxfield Rd Porcupine Creek Chipperfield Ln Halls Gulch 322 323 324 325 326 327 329 331 332 333 59 7 2527 600 82 159 334 335 336 342 343 344 346 352 352A S • ruce Creek Dry Hollow Rd Ramsey Gulch Rd Hunter Mesa Rd 334 Colorado River Rd Jenkins Cutoff Fairview Rd Raven Rd West Divide Rd Airport Rd Garfield County Airport Runwa Rd 211 137 205 1300 49 104 1341 1496 357A Village Dr 29 451 Panoramic Dr 1 1 455 Rainbow Dr 26242 456 Odin Dr 128 414 699 195 43 150 212 1.102 158 220 27 2712 253 267 1344 1139 248 840 Land Use: 416 Cam ground]Recreational Vehicle Park Independent Variables with One Observation The following trip generation data are for independent variables with only one observation. This information is shown in this table only, there are no related plots tor these data. Users are cautioned to use these data with care because of the small sample size. Trip Size of Number Generation Independent of Rate Varig le Studies Dir oral di bit -M-101 independentVar b Acres 74.38 50% en , 50% exit in Weekda 1 50% enteri ., 50% exitin 50% enter ., 50% exitin Tnp Generation, 6th Edition 631 Institute of Transportation Engineers 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Campground/Recreational Vehicle Park (41 6) Average Vehicle Trip Ends vs: Occupied Camp Sites On a: Weekday, A.M. Peak Hour of Generator Number ot Studies: 2 Average Number ot Occupied Camp Sites: 22 Directional Distribution: Not available Trip Generation per Occupied Camp Site Range ot Rates 0.29 - 0-35 Average Rate 0.32 Standard Deviation Data Piot and Equation Caution - Use Carefully - Small Sample Size 6 21 Actual Data Points Fitted Curve Equation: Not given 22 X = Number ot Occupied Camp Sites - Average Rate R2 = ... 23 Trip Generation, 6th Edition 634 tnstrtute of Transportation Enginee Campground/Recreational Vehicle Park (416) Average Vehicle Trip Ends vs: Occupied Camp Sites On a: Weekday, P.M. Peak Hour of Generator Number of Studies: 2 Average Number of Occupied Camp Sites: 22 Directional Distribution: Not available Trip Generation per Occupied Camp Site Range of Rates Average Rate 0.48 0.38 - 0.57 Standard Deviation Data Plot and Equation 13 ,2 9 8 21 ti P.ctlaai Data Points Fitted Curve Equation_ Not given Trp Genera, 6th Edition Caution - Use Carefully - Small Sample Size 22 X = Number of Occupied Camp Sites Average Rate H2 23 635 tristrtute of Transportation Enpsneers FILL iv Ella PO Box 2844 Glenwood Springs, CO 81602 Ph 970-618-5033 Fax 303-216-2796 February 21, 2007 Bullseye Engineering Attn: Jeff Odor 2154 Acacia Avenue Rifle, CO 81650 Subsurface Investigations and Percolation Tests Mamma Camp RV Park West Mamm Creek Road Garfield County, Colorado Project No. 1304 Jeff, ALL SERVICE septic, LLC, performed a subsurface investigation and percolation test for the subject property, on February 15th and 16th 2007. The test was performed in accordance with Garfield County Regulations. EXISTING CONDITIONS The subject property is located in a rural area where Onsite Wastewater Systems (OWS) are necessary. Small driveways and/or `pads' have been excavated at the subject site to accommodate small modular living quarters, as indicated on Figure 1. The siopessdat the proposed drain field areas range from 3% to 15%, and vegetation consists of a native SUBSURFACE The subsurface was investigated by digging three profile pits and nine percolation holes, at the locations i colation holes were dug and pre-soaked on February 15th and tested on indicated on Figure 1. The pe February 16th 2007. The holes were cleaned and scarified, and any frost was removed prior to conducting test. The materials in the profile holes consisted of 1 foot of sandy day topsoil/root zone, underlain by stiff to very stiff sandy, silty, clay to the maximum depth explored of 8 feet. Groundwater or bedrock was not encountered. Percolation rates ranged from 27 minutes per inch (MPI) to 80 MPI. The highest percolation rate was measured in a localized lens of very stiff clay. CONCLUSIONS The subsurface data obtained indicate OWS can be installed. Care should be taken during installation to avoid the localized lenses of very stiff clay. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Subsurface Investigation and �© No ecto 130tion 02121/07 Page 2 ITS: Results are based on field investigations and data provided by the client. If soil conditions LIMITS: septic, LLC should be encountered are different from conditions described in report, ALL SERVICE notified Please call with questions. ALL SER E septic, LLC Revie Timothy R. Petz 3 copies 1 1 70 SITE PLAN AND LOCATION OF PERCOLATION HOLES \ APPROXIMATE SCALE 1" 160' NORTH PROFILE -3 NORTH SITE 1 I 1 1 1 1 WEST MAMM CREEK ROAD GARFIELD COUNTY, COLORADO ALL SERVICE SEPTIC LLC 970-618-5033 PRO. NO. OI FIGURE I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 GARFIELD COUNTY ENVIRONMENTAL HEALTH DEPARTMENT Percolation Test and Soils Data Form - TABLE 1 -PROJECT 4304 PROFILE PIT 1 - South Site 0 - 1' Sand, Silty, Clayey, Root Zone 1' - 8' Clay, Sandy, Silty, Stiff, Moist, Brown/Tan No Groundwater or Bedrock was Encountered t Measurement at Change (in.) Percolation Rate Date of Test: 2-16-07 Hole Hole Interval. Measurement a (min./in.) MPI No. Depth (in.) (min.) Start of Interval End of Interval ( ) (in.) (in.) 1 29 20 20 20 fill 20 20 fill 20 2.50 3.25 4.00 4.50 5.25 3.00 3.25 4.00 5.00 5.25 6.00 4.00 0.75 0.75 1.00 0.75 0.75 1.00 2 30 20 2.25 3.00 0.75 20 3.00 4.00 1.00 20 4.00 5.00 1.00 20 5.00 5.50 0.50 20 5.50 6.00 0.50 20 6.00 6.75 0.75 3 31 20 3.00 4.25 1.25 20 4.25 5.00 0.75 20 5.00 5.75 0.75 20 5.75 6.50 0.75 20 6.50 7.00 0.50 20 7.00 dry 27 40 40 GARFIELD COUNTY ENVIRONMENTALFormTABLE HEALTH( on DEPARTMENT PRCECT i3a4 Percolation Test and Soils Data PROFILE PIT 2 - Central Site Date of Test: 2-16-07 0 - 1' Clay, Sandy, Root Zone 1' - 8' Clay, Sandy, Silty, Very Stiff, Moist, Brown/Tan No Groundwater or Bedrock was Encountered Hole Hole Interval Measurement at Measurement at Change (in.) Percolation Rate No. Depth (in.) (min.) Start of Interval End of Interval (mindin. ) MPi (in.) (in.) 4 31 20 2.50 3.50 1.00 20 3.50 4.25 0.75 20 4.25 5.00 0.75 20 5.00 5.50 0.50 20 5.50 6.00 0.50 20 6.00 6.50 0.50 30 20 4.25 5.25 1.00 20 5.25 6.00 0.75 20 6.00 6.75 0.75 20 6.75 7.25 0.50 20 7.25 8.00 0.75 20 8.00 8.50 0.50 6 34 20 1.75 2.25 0.50 20 2.25 2.50 0.25 20 2.50 2.50 0.00 20 2.50 2.75 0.25 20 2.75 3.00 0.25 20 3.00 3.25 0.25 (bottom of hole in localized lens of very stiff day) 40 40 80 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 GARFIELD COUNTY ENVIRONMENTAL TABLE 1{con )E PROJECTR1304 PARTMENT Percolation Test and Soils Data F PROFILE PIT 3 - North Site Date of Test: 2-16-07 0 - 1' Clay, Sandy, Root Zone Localized Calcium Veins 1' - 8' Clay, Sandy, Silty, Very Stiff, Moist, Brown/Tan No Groundwater or Bedrock was Encountered oon Rate Hole Hole Interval Measurement at Measurement at Change (in.) mPercolation MPI No. Depth (in.) (min.) Start of Interval End of Interval (in.) (in.) 7 41 20 20 20 fill 20 20 20 5.00 5.75 6.25 2.25 4.25 5.00 5.75 6.25 7.00 4.25 5.00 5.75 0.75 0.50 0.75 2.00 0.75 0.75 8 37 20 3.25 4.00 0.75 20 4.00 4.75 0.75 20 4.75 5.75 1.00 20 5.75 6.75 1.00 fill 20 2.50 3.50 1.00 20 3.50 4.25 0.75 9 36 20 4.50 5.50 1.00 20 5.50 6.00 0.50 20 6.00 7.00 1.00 20 7.00 8.00 1.00 fill 20 2.00 2.75 0.75 20 2.75 4.00 1.25 27 27 27 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DRAINAGE Complete Drainage plans are included with this application Culvert calculations are provided within the tab 1 1 1 1 48 CULVERT DP2 Culvert Calculator Otered Data: Shape Number of Barrels 1 1 1 1 1 Solving for Chart Number scale Number Chart Description Scale Decsription Overtopping Flowrate Manning's n Roadway Elevation Inlet Elevation Outlet Elevation Diameter Length Entrance Lass Tailwater circular 1 Headwater 1 1 CONCRETE PIPE CULVERT; NO BEVELED RING ENTRANCE SQUARE EDGE ENTRANCE WITH HEADWALL Off 11.8500 cfs 0.0130 5640.0000 ft 5634.0000 ft 5633.0000 ft 48.0000 in 100.0000 ft 0.0000 1.0000 ft Computed Results: 5635.3502 ft Inlet control Headwater 0.0100 ft/ft 6.9117 fps slope velocity Messages: Inlet head > outlet head. Computing Inlet Control headwater. Solving Inlet Equation 26. Solving Inlet Equation 28. Headwater: 5635.3502 ft IIS - CHARGE Flow cfs 1 1 1 1 1 1 HEAD- INLET OUTLET WATER CONTROL CONTROL FLOW ELEV. DEPTH DEPTH TYPE ft ft ft 19.98 5635.80 39.95 5636.70 59.93 5637.50 79.90 5638.29 99.88 5639.20 119.86 5638.80 139.83 5639.59 1 1 1.80 2.70 3.50 4.29 5.20 0.00 0.00 1.15 1.99 2.72 3.40 4.08 4.80 5.59 NA NA NA NA NA NA NA NORMAL DEPTH in 12.09 17.30 21.61 25.57 29.45 33.50 38.22 CRITICAL DEPTH in 15.78 22.64 27.99 32.50 36.34 36.34 36.34 Page 1 OUTLET VEL. DEPTH fps ft 8.05 1.01 9.79 1.44 10.92 1.80 11.74 2.13 12.36 2.45 10.82 2.79 11.97 3.18 TAILWATER VEL. DEPTH fps ft 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1 10 1 1 1 1 1 �v 1 1 1 1 1 Ic 1 1 EX -1 25 TR -55 Tabular Hydrograph Method Input Summary Description EXISTING 5 YEAR Rainfall Distribution TypeTIT Ia/P Interpolation n 719.9100 ac Total Area 13.0000 hrs 42.2117 cfs Peak Time Peak Flow Given Input Data: Subarea D/S Subareas Description Area CN (ac) Tc (hrs) Tt Rainfall (hrs) (in) EX -1 Support Data: Subarea Name: EX -1, Row: 1 sheet Flow 719.9100 Description Manning's n Flow Length Two Yr, 24 hr Rainfall Land slope Computed sheet flow time shallow concentrated Flow 68 0.8096 0.3747 2.0000 EXISTING 5 YEAR Tc 0.1300 300.0000 ft 1.0000 in 0.0500 ft/ft > 0.4349 hrs Description ..................... Surface Flow Length watercourse Slope Velocity Computed Shallow flow time Channel Flow Description Flow Area EXISTING 5 YEAR unpaved 2570.0000 ft 0.0600 ft/ft 3.9521 fps 0.1806 hrs wetted Perimeter Flow Length Channel Slope Mannings n Hydraulic radius Velocity Computed Channel flow time EXISTING 5 YEAR 100.0000 ft2 650.0000 in 11783.7292 ft 0.0800 ft/ft 0.0375 22.1538 in 16.8673 fps 0.1941 hrs * **** ******..**: r ***** * > Total Time of Concentration 0.8096 hrs ..*..,*....,,..* * *:r*........................ Shallow concentrated Flow Description Surface Flow Length EXISTING 5 YEAR Unpaved 2570.0000 ft Page 1 1 10 1 1 1 1 1 1 1 1 1 1 1 1 1 1 EX -1 25 watercourse Slope 0.0600 ft/ft velocity 3.9521 fps Computed shallow flow time 0.1806 hrs channel Flow Description 100.0000 ft2 Flow Area wetted Perimeter 650.0000 in1.1783.7300 ft Flow Length channel Slope 3,7800 ft/ft0.0375 Mannin 's n 22.1538 in Hydraulic radius 16.8673 fps velocity Computed channel flow time > 0,1941 hrs ***»* * ****** x.,*** 0.3747 hrs Total Time of Travel *********. * . Composite Runoff Curve Number calculator Description Area (ac) Curve Number 68 276.8171 58 71 56.4751 58 58 45 3.9576 51 20.8441. 58 58 68-A 12.7388 80 67 322.4555 51-A 26.6218 58 Total Area > 719.9100 68 Page 2 weighted CN 10 1 1 1 1 1 1 1 1 1 1 1 1 1 as 1 1 EX -2 25 TR -55 Tabular Hydrograph Method Input Summary Description EXISTING 5 YEAR Rainfall Distribution Ia/P Interpolation Total Area Peak Time Peak Flow Given Input Data: Type II on 24.6600 ac 12.3000 hrs 12.9935 cfs Subarea D/S Subareas Description Area (ac) CN T[ (hrs) Tt Rainfall (hrs) (in) EX -2 support Data: subarea Name: EX -2, Row: 1 sheet Flow Description Manning's n F1ow Length Two Yr, 24 hr Rainfall Land Slope .... Computed sheet flow time shallow concentrated Flow 24.6600 Description Surface Flow Length watercourse slope velocity Computed Shallow flow time Channel Flow Description .... Flaw Area wetted Perimeter 80 0.3241 0.0239 2.0000 0.1300 300.0000 ft 1.0000 in 0.2500 ft/ft 0.2284 hrs EXISTING 5 YEAR unpaved 550.0000 ft 0.2500 ft/ft 8.0672 fps 0.0189 hrs F1ow Length .................. Channel slope Manning's n Hydraulic radius Velocity Computed Channel flow time .....,***. ****ate ........................... Total Time of Concentration *....*** t *..***.. Shallow Concentrated Flow Description surface Flow Length 100.0000 ft2 650.0000 in 2331.4762 ft 0.0200 ft/ft 0.0375 22.1538 in 8.4336 fps .> 0.0768 hrs 0.3241 hrs EXISTING 5 YEAR unpaved 550.0000 ft Page 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 co 1 EX -2 25 0.2500 ftlft watercourse slope .,............. 8.0672 fps 0.0189 hrs computed velocity h time ................. Computed shallow flow " ' Channel Flow ---FlowDescription .....•................ wetted Perimeter Flow Length ...............•. Channel Slope ................... manning's n........ Hydraulic radius ................ Velocity Computed Channel flow time ..- 1 Total Time of Travel ................. aa*** *** :*n 600.0000 ft2 120.0000 in 2331.4800 ft 0.0200 ft/ft 0.0250 720.0000 in 128.8333 fps .....} 0.0050 hrs Page 2 0.0239 hrs 1 PROP 25 YEAR TR -55 Tabular Hydrograph Method Input Summary II Description PROPOSED 25 YEAR Rainfall Distribution TypeTy11 Ia/P Interpolation Ont 1634 ac 11 Total Area Peak Time 13.0000 hrs Peak Flow 45.0646 cfs 1 Given Input Data: subarea D/S subareas Area CN Tc Tt Rainfall 11 Description (ac) (hrs) (hrs) (in) 0S1 1,2,3,4,5 687.1366 68 0.8096 0.1997 2.0000 1 10.4400 81 0.5165 0.0362 2.0000 2 7.5200 82 0.5199 0.0252 2.0000 11 3 4.0300 60 0.1932 0.0084 2.0000 4 7.7568 75 0.2825 0.0168 2.0000 5 14.2800 81 0.2753 0.0554 2.0000 II Support Data: Subarea Name: 051, Row: 1 ' sheet Flow Description 0.1300 PIO FlowiLegh 300.0000 ft Flow Length Two Yr, 24 hr Rainfall 1.0000 in Land Slope 0 0000 ft/ft 1 computed sheet flow time .4349 hrs shallow concentrated Flow 11 Description surface unpaved Flow Length 2570.0000 ft watercourse Slope 0.0600 ft/ft 11 velocity .... 3.9521 fps computed shallow flow time > 0.1806 hrs channel Flow 11 Description Flow Area 100.0000 ft2 wetted Perimeter 650.0000 in II Flow Length Channel slope 11783.7300 ft0.0800 ft/ft Mannin 's n 0.0375 Hydraulic radius 22.1538 in II Velocity 16.8673 fps computed channel flow time a 0.1941 hrs *:; *:.;* r-..***:;::*** ***::: * ken Total Time of concentration > 0.8096 hrs Page 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 �� Shallow Concentrated Flow Description Surface Flow Length Watercourse Slope velocity computed shallow flow Channel Flow PROP 25 YEAR Unpaved 2570.0000 ft 0'0600 ft/ft 3.9521 fps time ' � 0 I80B hrs Description Flow Area wetted Perimeter Flow Length channel Slope Slopm m~nninn's n Hydraulic radius Velocity Computed channel flow time 600.0000 ft2 120.0000 in 11783.7300 ft 0.0800 ft/ft 0.0375 720.0000 in 171.7777 fps fps hrs �»��»� � hrs Total T1me of Travel > 0.1997 *****'*************** Subarea Name: I. Row: 2 sheet Flow Description manning's n Flow Length Two Yr, 24 hr Rainfall Land slope Computed Sheet flow time Shallow concentrated Flow 0.1300 300.0000 ft 1.0000 in 0.0400 0.4755 hrs Description surface Flow Length watercourse slope Velocity Computed shallow flow time Channel Flow unpaved 4I4.8600 ft 0.0400 ft/ft 3.2269 fps > 0.0357 hrs Description Flow Area wetted Perimeter Flow Length ........-.-...,.' Channel Slope Manning,s n radius raU�us Velocity Computed channel flow time �.�..^^^�^^^�^�°°�°�� *"��"~~^^'-''''''-' ' 0.5165 hrs. Total Time of Concentration ********o************°°***** Shallow Concentrated Flow I00.0000 ft2 650.0000 in 943.2046 ft 0.0200 ft/ft 0.0175 22.1538 in 18.0721 fps .› 0.0053 hrs Page 2 ly 1 1 1 1 1 1 1 PROP 25 YEAR Description surface Flaw Length watercourse Slope velocity Computed shallow flow time Channel Flow unpaved 414.8600 0.0400 3.2269 ft ft/ft fps > 0.0357 hrs Description 600.0000 ft2 Flaw Area . 336.5547 in wetted Perimeter 120.0000ft Flow Length 0.0200 ft/ft Channel slope Mannin 's n 720.0000750.0105 in Hydraulic radius 184.0475 fps Velocity 0.0005 hrs Computed Channel flow time *******+,.: *::A***tx** 0.0362 hrs Total Time of Travel composite Runoff curve Number Calculator Description Area (ac) Total Area 1:1' subarea Name: 2, Row: 3 1 1 1 1 sheet Flow Description Manning's n Flow Length Two Yr, 24 hr Rainfall 3.6111 0.6844 6.1445 10.4400 Land slope Computed sheet flow time shallow concentrated Flow Curve Number 84 68 80 81 < weighted CN 0.1300 300.0000 ft 1.0000 in 0.0400 ft/ft > 0.4755 hrs Description surface unpaved 4 ft Flow Length 3 watercourse slope 0..863.06 554 ft/ft velocity 0.0236 hrs0400 fps Computed shallow flow time Channel Flow Description Flow Area wetted Perimeter ................ Flow Length ...................... Channel slope Manning's n Hydraulic radius 100.0000 ft2 650.0000 in 631.6339 ft 0.0200 ft/ft 0.0375 22.1538 in Page 3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PROP 25 YEAR velocity 8.4336 fps , computed channel flow time 0.0208 hrs ;;**i ************** it* it* is*** 7 0.5199 hrs Total Time of Concentration „***k**i:*ir* **i:**ir:ri:* * *** Shallow concentrated Flow Description Surface Flow Length watercourse Slope velocity Computed Shallow flow time Channel Flow Description unpaved 269.1077 ft 0.0400 ft/ft 3.2269 fps 0.0232 hrs Flow Area Wetted Perimeter Flow Length Channel slope Mannin 's n Hydraulic radius Velocity computed Channel flow time ., ********** *... * ., .... * Total Time of Travel .:***..**********.. *r:** 600.0000 ft2 120.0000 in 633.2025 ft 0.0200 ft/ft 0.0375 720.0000 in 85.8888 fps 0.0020 hrs 0.0252 hrs Composite Runoff Curve Number Calculator Description Area (ac) Curve Number 3.7045 3.8155 Total Area > 7.5200 subarea Name: 3, Row: 4 Sheet Flow Description Manning's n Flow Length TWO Yr, 24 hr Rainfall Land slope Computed Sheet flow time Channel Flow Description 84 80 82 < weighted CN 0.1300 271.9917 ft 1.0000 in 0.4226 ft/ft > 0.1712 hrs Flow Area wetted Perimeter Flow Length ............. channel slope Mannin 's n Hydraulic radius ... velocity computed channel flow time 100.0000 ft2 650.0000 in 641.6468 ft 0.0184 ft/ft 0.0375 22.1538 in 8.0893 fps 0.0220 hrs Page 4 1 1 1 1 1 1 1 1 I 0 1 1 1 1 1 1 1 1 1 **«********«**************» Total Time of Concentration *****°********,,,********°***^ Channel Flow PROP 25 YEAR � 0'1932 hrs Description I00.8000 ft2 Flow Area Wetted Perimeter I44.0DDO i»669'ZI24 ft Flow Length 0.0l84 f�/ft Channel slope '- O.U]75 Manoing's n IO0 0000 in Hydraulic radius ZZ'894I fps Velocity � 0.0084 hrs computed channel flow time �� ++*^��***�^��*^**+�* 0.0084 hrs Total Time of Travel *******»************* Composite Runoff Curve Number calculator Description Area (ac) Curve Number Total Area 5 Subarea Name: 4, Row: sheet Flow 0.6398 3.3902 4.0300 oescription Manniog's n Flow Length Two Yr, 24 hr Rainfall Land Slope computed sheet flow time shallow concentrated Flow Description surface Flo* Length watercourse slope 68 58 60 weighted CN 0.1300 300.0000 ft 1.0000 in 0.1704 ft/ft � 0.2683 hrs velocity Computed shallow flow time ****o*^v^**«v*^**«*«*^^***^ Total Time of Concentration ^^**»*^****°o**^v***^*«^m^~* Shallow concentrated Flow Description Surface Flow Length watercourse Slope unpaved 480.3240 ft 0.26I5 ft/ft 8.2507 fps » 0.0162 hrs Velocity Computed Shallow flow time > 0.2825 hrs unpaved 483.0103 ft 0.2446 ft/ft 7.8796 fps 0.0168 hrs Page 5 **:** **'r* ******** Total Time of Travel PROP 25 YEAR 0.0168 hrs Composite Runoff Curve Number Calculator Curve Number Description Area Total Area Subarea Name: 5, Row: 6 Sheet Flow (ac) 4.5068 3.2500 7.7568 Description Manning's n Flow Length TWO Yr, 24 hr Rainfall Land slope..... Computed Sheet flow time Shallow Concentrated Flow Description surface Flow Length Watercourse slope Velocity computed shallow flow time channel Flow Description 68 84 75 < weighted CN 0.1300 300.0000 ft 1.0000 in 0.2771 >t0.2192 hrs unpaved 337.1567 ft 0.1000 ft/ft 5.1022 fps ................> 0.0184 Flow Area .. wetted Perimeter Flow Length channel slope l anni n ' s n Hydraulic radius velocity Computed channel flow time 100.0000 ft2 650.0000 in 1144.8066 ft 0.0200 ft/ft 0.0375 22.1538 in 8.4336 fps 0.0377 hrs hrs ***_:*:.**************; n.* .2753 hrs Total Time of Concentration .. *******..*.., **....***:.*** ...... shallow concentrated Flow Description surface Flow Length Watercourse slope Velocity Computed shallow flow time channel Flow Description ..•. Flow Area ...... wetted Perimeter Unpaved 330.9982 ft 0.1000 ft/ft 5.1022 fps 0.0180 hrs 100.0000 ft2 650.0000 in Page 6 1 I 3 1 1 1 1 1 1 1 I cy) 1 1 1 1 1 1 1 1 1 Flow Length 0.0200 ft/ft channel slope manning's n 0.037520.375 in Hydraulic radius 8.4336 fps Velocity Computed Channel flow time , 0.0374 hrs PROP 25 YEAR 1136.0232 ft *=****************** 0.0554 hrs Total Time of Travel composite Runoff Curve Number calculator Area (ac) Curve Number Description Total Area 1.7415 84 1.0000 84 1.0000 $4 10.5385 80 > 14.2800 81 Page 7 Weighted CN 1 1 1 1 1 1 1 it 1 1 1 1 1 PR -6 25 YR TR -55 Tabular Hydrograph Method Input summary Description PROPOSED 25 YEAR Type II Rainfall Distribution an Ia/P Interpolation 14.0594 ac Total Area 12.3000 hrs 7.9590 cfs Peak Time Peak Flow Given Input Data: subarea D/5 Subareas Area Description (ac) 6 13.1600 0S-2 6 0.8994 Support Data: subarea Name: 6, Row: 1 Sheet Flow Description Manni ng' s n Flow Length Two Yr, 24 hr Rainfall Land slope Computed Sheet flow time Shallow concentrated Flow Description Surface ..... Flaw Length Watercourse Slope CN Tc Tt (hrs) (hrs) Rainfall (in) 81 0.2656 0.0540 80 0.5354 0.0336 0.1300 300.0000 ft 1.0000 in 0.3058 �t0ft .2108 hrs Velocity Computed shallow flow time Channel Flow Description Unpaved 487.2936 ft 0.2500 ft/ft 8.0672 fps 0.0168 hrs Flow Area wetted Perimeter Flow Length Channel Slope Manning's n Hydraulic radius Velocity Computed Channel flow time 100.0000 ft2 650.0000 in 1150.0200 ft/ft 0.0375 22.1538 in 8.4336 fps 0.0380 hrs **** **** {*,.******** .2656 hrs Total Time of Concentration 'r*****::%r::#A „*,•******.,**is**** Shallow Concentrated Flow Description surface unpaved Page 1 2.0000 2.0000 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PR -6 25 YR Flow Length 481.2500 ft watercourse slope 0.2500 ft/ft velocity 8.0672 fps computed Shallow flow time > 0.0166 hrs Channel Flow Description Flow Area wetted Perimeter Flow Length Channel Slope Manning's n Hydraulic radius Velocity Computed channel flow ******** *, A*.. n•* Total Time of Travel ..***************..*...... 100.0000 ft2 650.0000 in . .. 1134.8189 ft 0.0200 ft/ft 0.0375 22.1538 in 8.4336 fps time > 0.0374 hrs > 0.0540 hrs composite Runoff Curve Number Calculator Description Area (ac) Curve Number Total Area 0.1946 0.4310 1.0000 1.0000 2.0026 8.5318 --> 13.1600 84 84 84 84 84 80 81 e Weighted CN Page 2 1 10 1 1 1 1 1 1 1 1 1 1 1 1 1 1, - Ex -1 100 TR -55 Tabular Hydrograph Input Summary Description EXISTING 5 YEAR Rainfall Distribution Ia/P interpolation Total Area Peak Time Peak Plow Given Input Data: Method Type II On 719.9100 ac 13.0000 hrs 93.8156 cfs Subarea D/S Subareas Description Area (ac) CN Tc (hrs) EX -1 Support Data Subarea Name: EX --1, Row: 1 1 sheet Flow 719.9100 Description Manning's n Flow Length . Two Yr, 24 hr Rainfall Land slope computed. Sheet flow time shallow Concentrated Flow 68 0.8096 EXISTING 5 YEAR Tc 0.1300 300.0000 ft 1.0000 in Tt Rainfall (hrs) (in) 0.3747 2.4000 0.0500 ft/ft 0.4349 hrs Description surface Flow Length Watercourse Slope Velocity Computed Shallow flow time channel Flow Description Flow Area EXISTING 5 YEAR Unpaved 2570.0000 ft 0.0600 ft/ft 3.9521 fps 0.1806 hrs wetted Perimeter Flow Length Channel Slope Manning's n Hydraulic radius Velocity EXISTING 5 YEAR 100.0000 ft2 650.0000 in 11783,7292 ft 0.0800 ft/ft 0.0375 22.1538 in 16.8673 fps 0.1941 hrs Computed Channel flow time ..n*: ***....**..*..*.......,..* R.,..., Total Time of Concentration ..*.....,#'.:** **., ,....,*is :.. .. .. ..*d; :, * shallow Concentrated Flow Description Surface Flow Length 0.8096 hrs EXISTING 5 YEAR unpaved 2570.0000 ft Page 1 10 1 1 1 1 1 1 1 1 1 1 1 11 1 1 1 EX -1 100 0.0600 ft/ft Watercourse Slope velocity 3.9521 fps computed Shallow flow time > 0.1806 hrs Channel Flow Description 100.0000 ft2 Flow area .,.. .QQOQ in wetted Perimeter 11 6565Q0.0000 ft Flow Length 0.0800 ft/ft channel Slope 5 7 Manning's n 20.0Q.Q3375 in Hydraulic radius 22.1538 fps velocity 0.1941 hrs 16 Computed channel flow time ********************0.3747 hrS Total Time of Travel Composite Runoff Curve Number calculator Description Area (ac) curve Number 276.8171 58 678 56.4751 58 45 3.9576 58 411 20.8441 58 5 12.7388 58 68-A 322.4555 80 67 26.6218 58 Total area > 719.9100 51-A 68 < weighted CN Page 2 1 1 1 1 1 EX -2 100 TR -55 Tabular Hydrograph Method Input Summary Description EXISTING 100 YEAR Rainfall Distribution Ia/P Interpolation Total Area Peak Time Peak Flow Given Input Data: Type zI On 24.6600 ac 12.3000 hrs 19.6239 cfs Subarea D/S subareas Description EX -2 Support Data: Subarea Name: EX -2, Row: 1 11 Area CN (ac) Tc (hrs) Tt Rainfall (hrs) (in) 1 10 1 1 1 1 1 1 1��1 Sheet Flow Description manning's n Flow Length Two Yr, 24 hr Rainfall Land slope .... computed Sheet flow time shallow concentrated Flow Description surface Flow Length Watercourse Slope 24.6600 velocity Computed Shallow flow time Channel Flow Description Flow Area Wetted Perimeter Flow Length Channel slope Manning's n Hydraulic radius Velocity Computed Channel flow time 80 0.3241 0.0239 2.4000 0.1300 300.0000 ft 1.0000 in 0.2500 ft0ft .2284 hrs EXISTING 100 YEAR Unpaved 550.0000 ft 0.2500 ft/ft 8.0672 fps ..> 0.0189 hrs 100.0000 ft2 650.0000 in 2331.4762 ft 0.0200 ft/ft 0.0375 22.1538 in 8.4336 fps > 0.0768 hrs :-** ***.......... .. * ...... 0.3241 hrs Total Time of Concentration *........**n#:Y'.... .. .... ........ ..**. ****:: Shallow concentrated Flow Description Surface Flow Length EXISTING 100 YEAR unpaved 550.0000 ft Page 1 1 10 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Watercourse Slope Velocity . . Computed Shallow flow channel Flow Description EX -2 100 0.2500 ft/ft 8.0672 fps time > 0.0189 hrs Flow Area wetted Perimeter Flow Length ..... channel slope Manning's n Hydraulic radius Velocity computed Channel flow ;;******t.*** ** * 600.0000 ft2 120.0000 in 2331.4800 ft 0.0200 ft/ft 0.0250 720.0000 in 128.8333 fps time > 0.0050 hrs Total Time of Travel ..................... * ***a** ,...***.,..***** Page 2 .> 0.0239 hrs 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PROP 100 YEAR TR -55 Tabular Hydrograph Method Input Summary Description PROPOSED 100 YEAR Type II Rainfall Distribution On Ia/P Interpolation 731.1634 ac Total Area 13.0000 hrs 99.8810 cfs peak rime Peak Flow Given Input Data: Subarea D/S Subareas Description Area CN (ac) 051 1 2 3 4 5 1,2,3,4,5 support Data: Subarea Name: 051, Row: 1 sheet Flow Tc (hrs) Tt Rainfall (hrs) (in) 687.1366 10.4400 7.5200 4.0300 7.7568 14.2800 Description Manning's n Flow Length ... Two Yr, 24 hr Rainfall Land Slope computed Sheet flow time Shallow Concentrated Flow Description 68 81 82 60 75 81 0.8096 0.5165 0.5199 0.1932 0.2825 0.2753 0.1997 0.0362 0.0252 0.0084 0.0168 0.0554 0.1300 300.0000 ft 1,0000 in 0.0500 ft/ft 0.4349 hrs surface .,... Flow Length Watercourse slope velocity .... Computed Shallow flow time Channel Flow Description ....... Flow Area wetted Perimeter Flow Length Channel Slope Manning's n Hydraulic radius velocity Computed Channel flow time Total Time of Concentration ......r ...............:**.........:* ........** * Unpaved 2570.0000 ft 0.0600 ft/ft 3.9521 fps 0.1806 hrs 100.0000 ft2 650.0000 in 11783.7300 ft 0.0800 ft/ft 0.0375 22.1538 in 16.8673 fps 0.1941 hrs 7 0.8096 hrs Page 1 2.4000 2.4000 2.4000 2.4000 2.4000 2.4000 1 (-) 1 1 1 1 1 1 is 1 1 1 1 1 1 Shallow Concentrated Flow Description Surface Flow Length PROP 100 YEAR watercourse Slope velocity Computed Shallow flow time Channel Flow Description Flow Area Wetted Perimeter Flow Length Channel Slope Nanning's n Hydraulic radius Velocity computed Channel flow time ******************** Unpaved 2570.0000 .00DO ft 0.0600 ft/ft 3.9521 fps 800.0080 ft2 120.0000 in 11783.7300 ft 0'0800 ft/ft 0.0375 720,0000 in 171.7777 fps 0.0191 hrs O I987 hrs. Time of Travel ' ********************* Subarea Name: 1, Row: 2 sheet Flow Description Manning's n Flow Length Two Yr, 24 hr Rainfall Land slope� Computed Sheet flow time Shallow Concentrated Flow 0.1300 300.0000 ft 1.0000 in � 0.4755 hrs Description Surface unpaved Flow Length 414'8600 ft ft/ft Watercourse Slope 0.0400 3.2269 fps Velocity ' hrs Computed Shallow flow time › 0.0357 channel Flow Descriptinn Flow Area Wetted Perimeter Flow Length Channel Slope Manning's n Hydraulic radius -. Velocity Computed Channel flow time *************************** 100.0000 ft2 2 650.0000 in 343.2946 ft 0.0200 ft/ft ft 0.0175 22.1538 in 18'072I fps > 0.0053 D5] hrs � D SlO� hrs Total Time of. Concentration ' **************************** shallow Concentrated Flow Page 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PROP 10fl YEAR Description surface Flow Length watercourse Slope Velocity computed Shallow flow Channel Flow Unpaved 414.8600 ft 0.0400 ft/ft 3.2269 fps time 0.0357 hrs Description Flow Area wetted Perimeter Flow Length Channel Slope Manning's n Hydraulic radius Velocity Computed Channel 500.0000 ft2 I20.0000 in 336.5547 ft 0'0200 ft/ft 0.0175 -.-.-....-.' . 720.0000 in 184.0475 fps flow time > 0.0005 hrs ********«*°********* Total Time of Travel **°****************** ).O.O36Z hrs composite Runoff curve Number calculator Description Area (ac) Curve Number '~`~' --- ICsubarea wame: 2, Row: sheet Flow 3 3.6111 0.6844 6.1445 10.4400 Description Manning's n Flow Length Two Yr, 24 hr Rainfall Land slope Computed Sheet flow 84 68 80 81 � 0.1300 weighted CN 300.0000 ft 1.0000 in 0.8400 ft/ft time » 0'4755 hrs Shallow concentrated Flow oescription Surface Flow Length .'. watercourse Slope Velocity Computed Shallow flow time unpaved 273.8654 ft 0.0400 ft/ft 3.2269 fps Channel Flow oescription Flow Area Wetted Perimeter Flow Length Channel Slope Nanning's n Hydraulic radius I00.0000 ft2 650.0000 in 6]2.6]39 ft 0.0200 ft/ft 0.0375 22.1538 in Page 3 1 1 1 1 1 1 1 1 r1111111(11 PROP 100 YEAR Velocity8.4336 fps Computed channel flow time .................. .> 0.0208 hrs ******-************n****** * 0.5199 hrs Total Time of Concentration ******** *;:* * shallow concentrated Flow Description Surface Flow Length watercourse Slope velocity Computed shallow flow time channel Flow Description unpaved 269.1077 ft 0.0400 ft/ft 3.2269 fps 0.0232 hrs Flow Area Wetted Perimeter Flow Length Channel slope Manning's n Hydraulic radius Velocity Computed Channel flow time 600.0000 ft2 120.0000 in 633.2025 ft 0.0200 ft/ft 0.0375 720.0000 in 85.8888 fps a 0.0020 hrs *******;r****:'a***: ..*3: 0.0252 hrs Total Time of Travel h*it***** .. ***,...., w composite Description Runoff Curve Number Area (ac) 3.7045 3.8155 Total Area a 7.5200 subarea Name: 3, Row: 4 Sheet Flow Description Manning's n Flow Length Two Yr, 24 hr Rainfall Land Slope Computed sheet flow time Channel Flow Description calculator curve Number 84 80 82 < 0.1300 271.9917 ft weighted CN 1.0000 in 0.4226 ft/ft 0.1712 hrs Flow Area wetted Perimeter Flow Length Channel slope Manning's n .. Hydraulic radius velocity computed channel flow time 100.0000 ft2 650.0000 in 641.6468 ft 0.0184 ft/ft 0.0375 22.1538 in 8.0893 fps 0.0220 hrs Page 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PROP 100 YEAR �*�^��^�**»*��o�********* °"��~~`~^^'---'''-' �� D I93Z hrs Total Time of OoncontratiVn > . ***o************************ Channel Flow Description Flow Area wetted Perimeter Flow Length Channel Slope Manning's n Hydraulic radius velocity Computed Channel flow time ******************«* 100.0000 f�t 2 144'0800 in 669.2124 ft 0.0184 ft/ft ft 0.0375 100.0000 in 22'0941 fps 0.0084 hrs � O O084 hrs Total Time of Travel � . ********************* Composite Runoff Curve Number Calculator Description Total Area Subarea Name: 4, Row: 5 1 Sheet Flow Area (ac) 0.6398 3.3902 � 4.0300 curve Number 68 58 60 weighted CN Description Nanning's n 0.1300 l3OU Flow Length 300'0000 ft Two Yr, 24 hr Rainfall 1.0000 in I784 ft/ft Land Slope 0.1704 hrs computed sheet flow time > 0.2663 Shallow Concentrated Flow Description Surface Flow Length watercourse velocity Computed Shallow flow time slope Unpaved 480.3240 ft 0.26I5 ft/ft 8.2507 fps » 0-0162 hrs *************************** � Total Time of concentration 0.2829 hrs ************°***«*********** shallow concentrated Flow Description surface Flow Length ,,~,~',,_~� ��°"� ="`='""=~~ ~'~~^ 7 9798 velocity ''''''''- ' fps '''`'''^'''^''' » Computed Shallow flow time 0.0I68 hrs unpaved 483.8103 ft 0.2446 ft/ft Page 5 10 1 1 1 1 1 1 1 *****«************** Total Time of Travel *«*****************°* PROP I00 YEAR » 0'0168 hrs Composite Runoff Curve Number Description Area (ac) 4.5068 3.2500 Total Area 7.7568 subarea Name: 5, Row: 6 Sheet Flow Description Manning^o n Flow Length Two Yr, 24 hr Rainfall Land Slope computed Sheet flow time Shallow concentrated Flow Description Surface Flow Length Watercourse Slope Velocity computed Shallow flow time channel Flow Description Flow Area wetted Perimeter Plow Length Channel Slope Manning^s m Hydraulic radius Velocity Computed channel flow time ��^^^�^�^�^�°^°°�� ^�`="~^^~^'''-'''' �� Total Time of Concentration» 0.2753 hrs Calculator Curve Number 68 84 75 «----- Weighted CN 0.1300 300.0800 ft I.OD00 in 8.2771 ft/ft > 0.2I92 hrs Unpaved 337.1567 ft 0.I000 ft/ft 5.1022 fps � 0'0184 hrs 100.0000 ft2 650'0000 in I144.8086 ft 0.0200 ft/ft 0.0375 22.1538 in 8.4336 fps » 0.0377 hrs **************************o* shallow Concentrated Flow Description ......^.......-.-.... Surface Flow Length Watercourse Slope Velocity Computed Shallow flow -rime Channel Flow Description Flow Area wetted Perimeter Unpaved 330.9982 ft 0.I000 ft/ft 5.1022 fps > 0.0180 hrs 100.0000 ft2 650.0000 in Page 6 4 1 1 11 1 1 1 110 1 1 1 1 1 o PROP 100 YEAR Flow Length 1136.0232ft 6.02ft/ft channel slope 5 .037 mannin 's n 2 00.0378 in Hydraulic radius velocity 6.4336 fps , 0.0374 hrs Computed Channel flow time ******************** 0.0554 hrs Total Time of Travel Composite Runoff Curve Number Calculator Description Area (ac) Curve Number 1 1.7415 84 1.0000 84 1.0000 84 10.5385 80 weighted CN Total Area 14.2800 81 ` Page 7 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PR-6 100 YR TR -55 Tabular Hydrograph Method Input Summary Description PROPOSED 25 YEAR Rainfall Distribution Ia/P Interpolation Total Area Peak Time Peak Flow Given Input Data: Subarea D/5 Subareas Description 6 05-2 Type II On 14.0594 ac 12.3000 hrs 11.8523 cfs Area (ac) CN Tc Tt Rainfall (hrs) (hrs) (in) 13.1600 6 0.8994 Support Data: subarea Name: 6, Row: 1 sheet Flow 81 0.2656 0.0540 2.4000 80 0.5354 0.0336 2.4000 Description Manni ng' s n 30 0.13000.100 ft Flow Length 1.0000 in Two Yr, 24 hr Rainfall 1.0000 ft/ft slope computed Sheet flow time , /.2108 hrs shallow concentrated Flow Description surface Flow Length watercourse slope velocity Computed shallow flow time Channel Flow unpaved 487.2936 ft 0.2500 ft/ft 8.0672 fps ,0.0168hrs Description Flow Area Wetted Perimeter Flow Length channel Slope Manning's n Hydraulic radius velocity Computed channel flow time 100.0000 ft2 650.0000 in 1154.9080 ft 0.0200 ft/ft 0.0375 22.1538 in 8.4336 fps 0.0380 hrs Total ,'Time Jof�Concentration > 0.2656 hrs * ****** .:* ... ****.... ,,*.. shallow concentrated Flow Description surface unpaved Page 1 1 1 1 1 1 1 1 1 • 1 1 1 1 1 1 1 Flow Length Watercourse Slope Velocity Computed Shallow flow time Channel Flo* Description Flow Area Wetted perimeter Flow Length Channel Slope Manning's n Hydraulic radius Velocity Computed Channel flow time ******************** PR -6 100 YR 481.2500 Z5O0 ft 0.I500 ft/ft t/ft 8.0672 fps 0.0166 86 hrs I00'0000 ft2 650.0000 in 1134.8I89 ft 8.0200 ft/ft 0.0375 22.1538 in 8,4338 fps hrs > 0'0540 hrs Total Time of Travel *******************«* Composite Runoff Curve Number Calculator Description Area (ac) Total Area 0.1946 0.4310 1.0000 1.0000 2.0026 8.5318 > 13.1600 Curve Number 84 84 84 84 84 80 Page 2 FIRE PROTECTION PLAN Existin Conditions An existing fire protection system is in place including the 186,000 gallons of storage required by the Rifle Fire Protection District. Flow testing has been conducted and approved by Kevin Whelan the Fire Marshall for the district on this existing system. 1 1 1 1 1 1 1 1 The fire district requires additional fire hydrants be place at 500 ft. maximum coverage spacing with flow consistent with the hydrants currently in place. An additional hydrant is required and will be installed at the driveway entrance to the RV Parc and CR 319. Approval Re uirements Prior to issuance of a Certificate of Occupancy the Rifle Fire Protection District will provide additional flow testing and issue Garfield County a letter of approval for the fire system as installed. 1 1 1 1 1 1 1 1 1 1 TYPICAL RV SPACE SITE PLAN Scale 1 inch = 10 feet Design meets minimum requirements of Section 5.02.07 (2) (B) or �..,,;p1: i-• for camper The area devotedadequate earls •. i F iac and to end spatial Airs shall hspace shall be provided with e , td trail by of space and write to a� tabby shagas is to be oocntpked in safficient quantities Fin ireplaces, tosatisfy shall he is � liar suds traffic barriers shall ng beThovided to confute vehicles and trailers to drivevrays and campers or twenty (20) fermi on center distance lretweers \ \ . 1 1 1 1 1 1 1 1 min 20 ft 1 1 Rock wall Extended to Road Graveled Camper Space Graveled Vehicle Parking — min 20 ft 1 1 1 I 1 i 1 min 25 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TYPICAL RV SITE LAYOUT Scale 1 inch = 5 feet The design of each site is based on utilizing the existing landscape to the maximum extent available. Sites vary in size and description as a result however all sites will comply with the minimum requirements of County Regulations and include the features indicated on this layout sketch. Barbeque & Picnic table • Rock wall Extended to 'f Road Sewer Connection . l Electrical Connection water Connection Graveled n I Space Graveled Vehicle 1 1 1 1 1 1 1 M 1 1 1 1 1 1 BEJITTLU WILDLIFE CONSULTING, INC. -r 1 Kirk H. Beattie, Ph.D. 1546 E. 12th Street Rifle, CO 81650 e-rnail:beattie4@mindspring.com Office: 970-625-0598 Fax: 970-625-0600 Cellular: 970-379-1451 VEGETATION REPORT FOR THE PROPOSED MAMM CREEK COMMONS Prepared for Mamm Creek Commons 45705 Highway 6 & 24 Glenwood Springs, CO 81601 Pre. ared b Kirk H. Beattie, Ph.D. Beattie Wildlife Consulting, Inc. 1546 E. 12th Street Rifle, CO 81650 November 2003 1 1 1 1 1 1 1 1 1 1 1 1 1 r 1 Ve + etaton Re + ort for the Pro ■ osed Mamm Creek Commons TABLE OF CONTENTS P.e 1 INTRODUCTION 1 DESCRIPTION OF AREA 2 DESCRIPTION OF DEVELOPMENT 3 VEGETATION FIELD SURVEY 6 PROTECTED AND RARE PLANTS 7 WEEDS AND WEED CONTROL 11 REVEGETATION 16 LITERATURE CITED 18 TABLES F1 FIGURES Beattie Wildlife Consulting, inc. Pa+e1 November, 2003 1 1 1 1 1 1 1 r 1 1 1 1 1 1 1 Ve + etation Re • ort for the Pro s used Mamm Creek Commons LIST OF TABLES Pa.e 11 P. 18 Table 1. Garfield County designated noxius weed list. 19 Table 2. Colorado state government designated noxious weeds in Colorado. 24 Table 3. Top ten prioritized weed species for the state of Colorado. 25 Table 4. Colorado state government designated priority weeds based on potential economic and environmental h 27 Table 5. Plant species recorded for Garfield County by the Colorado State University Herbarium. 43 Table 6. Vegetation occurring on the proposed Mamm Creek Commons. Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 M 1 1 1 1 1 1 1 Ve • etation Re • ort for the Pro n used Mamm Creek Commons LIST OF FIGURES Pa•e 'R_ aqt FI Vicinity map showing location of the proposed Mamm Creek Commons. F2 Aerial photograph of the proposed Mamm Creek Commons. F3 Land cover types occurring on the propoSed Mamm Creek Commons. Beattie Wildlife Consulting, inc. November, 2003 Ve►_etation Re v for the Pro . osed Mamm Creek Commons Pa. e 1 INTRODUCTION Jimmie Sills of Glenwood Springs has proposed development of the Mamm Creek Commons, a rural subdivision in Garfield County. The development would occur approximately 1.0-1.5 miles south-southwest of the Garfield County Airport in Sections 23 and 26, Township 6 South, Range 93 West, NMPM, Garfield County, Colorado (Fig. 1) . Mamm Creek Commons is proposed to have 24 parcels with lot sizes ranging from 1 to 2 acres. Mr. Sills requested that Beattie Wildlife Consulting prepare apre- development vegetation report for the proposed subdivision. DESCRIPTION OF AREA The proposed subdivision is 1.0 — 1.5 miles south-southwest of the Garfield County Airport. A preconstruction aerial photograph of the development is shown in Fig. 2. Approximately 35 acres located in the southeastern and south-central portions of the development have been sold to Dalbo Inc., a gas and oil field water service company. This acreage will not be considered in this report. County Road (CR) 319 travels north -south through the property (Figs. 1, 2). Dry Creek drainage flows from south to north and ranges from 20-35 feet deep. This incised channel carries water intermittently following up -channel irrigation, rainfall, and snowrnelt. Thep roposed subdivision ranges from gently sloping to steep with elevations of 5700 to 5900 feet. The primary access road to Grass Mesa begins off County Road 319 in the northern part of the proposed development and travels west through the property (Fig. 2). lUnvcmhor 9101 Roadie' Wildlife' r'nncerlfinrr inr 1 1 1 1 1 1 1 Pa'e Ve. etation Re • ort for the Pro * osed Mamm Creek Commons DESCRIPTION QF DEVELQPMENT Mamm Creek Commons is proposing 24 single family tots on 47.24 acres. Future development may result in additional lots. The development proposes to meet the standards of the Garfield County Cluster Housing initiative. Building envelopes would be restricted to 15,00 ft2 areas on each lot and the building footprint would be restricted to a 5,000 ft2 area on each lot. Landscaping, fencing, land clearing, or other types of land disturbance would not be permitted on one-half acre of 1 -acre lots. Approximately 5 acres located to the east of and adjacent to CR 319 presently have Encana natural gas wells (4 wells on 2 pads). The eastern well pad has been reclaimed and the western well pad has been prepared for reclamation. Arta#tics WiirHifa f me/ Minn int" 1UnuamhQr 911(14 1 1 1 1 1 1 1 1 1 1 1 1 r 1 Ve • etation Re • ort for the Pro . osed Mamm Creek Commons Pa e VEGETATION FIELD SURVEY I conducted a field survey of the vegetation on the proposed subdivision on November 8, 9, and 15, 2003. The survey consisted of extensive and intensive coverage of the proposed development for the purpose of inventorying vegetation, particularly noxious weeds, rare, threatened, and endangered plants. On November 15, 2003, l was assisted in vegetation identification and inventory by Peggy y Lyon, the western slope botanist affiliated with Colorado State University's Natural Heritage Program. Plant resource guides used in plant identification included Colorado Rare Plant Field Guide (Spackman et al. 1997), Trees and Shrubs of Colorado (Carter 1988), Vascular Plants of Wyoming (Dom 1992), Uinta Basin Flora Goodrich and Neese 1986), Flora of the Great Plains (Great Plains Association 1986), ( Manua! of the Plants of Colorado ( Harrington 1956), Shrubs of the Great Basin (Mozingo 1986), Meet the Natives: Field Guide to Rocky Mountain Wildflowers, Shrubs, and Trees (Pessman 1992), Range Plant Handbook (U.S. Forest Service 1937), Colorado Flora: Western Slope (Weber and Wittmann 1996), and A Utah Flora (Welsh et al. 1993). Four land cover types occur on the proposed development and are shown in Fig. 3. The first land cover type occurs north of Grass Mesa Road and is situated southwest to northeast in the northwestern portion of the proposed development. This land cover type is a flat to gently sloping area. Vegetation occurring on this site includes Utah juniper (Sabina osteosperma), Wyoming sagebrush (Artemisia tridenfata wY amingensi 1 i 1 1 1 1 1 1 w 1 1 1 1 1 1 1 Ve • etation Re • ort for the Pro + osed Mamm Creek Commons Pa•e sarothae), rabbitbrush (Chrysothamnus nauseous), big sagebrush (Artemisia tridentata), shadscale (Atripfex confertifolia), winterfat (Ceratoides Janata), yellow alyssum (Alyssum alyssoides), cheatgrass (Bromus tectorum), galleta grass (Hilaria 1'amesii), crested wheatgrass (Agropyron cristatum), and intermediate wheatgrass (Agropyron intermedium). The dominant species of vegetation are Wyoming sagebrush, shadscale, black greasewood, cheatgrass, and yellow alyssum. A drainage ditch parallels this land cover type on the southern border and immediately north of Grass Mesa Road• Vegetation characteristic of moist conditions, as well as roadside and disturbed areas, occurs in and near this drainage. Species present include big sagebrush, salt cedar (Tamarix ramosissimia), shadscale, rabbitbrush, black greasewood, yellow alyssum, tower mustard (Arabis glabra), Canadian horseweed (Conyza canadensis), kochia (Kochia scoparia), Russian thistle (Salsola collina), tansy mustard (Descurainia incisa), cranesbill (Erodium cicutarium), cushion buckwheat (Eriogonum ovalifolium), tansy aster (Machaeranthera bigelovn}, rayless tansy aster (Machaeranthera grindelioides), Jim hill mustard (Sisymbrium altissimum), thrift mock goldenweed (Stenotus armerioides), yellow salsify (Tragopogon dubius), cheatgrass, Salina wild -rye (Leymus salina), reed canary grass (Phalaris arundinacea), and intermediate wheatgrass. A second land cover type is flat to moderately sloping Utah juniper woodlands lying east and west of CR 319 (Fig. 3). Utah juniper is the only tree in the canopy. These woodlands have a canopy closure of 40-70%. With the exception of an occasional small pinyon pine (Pinus edulis), Utah juniper, black greasewood, shadscale, Beattie Wildlife Consulting, inc. November, 2003 1 1 1 1 1 1 1 M111111111 Ve • etation Re + ort for the Pro +used Mamm Creek Commons Pa and big sagebrush plant, this land cover type lacks a shrub layer (3'-10' tall). Roughly one-half of the juniper woodlands consist of bare ground, including lichen -covered rocks and small boulders. There is very little vegetative biomass in the ground layer (0'-3' tall). Dominant species on the woodland floor include yellow alyssum, Indian rice -grass, and cheatgrass. Species occurring less frequently include Wyoming sagebrush, shadscale, winterfat, low rabbitbrush (Chrysothamnus depressus), wild onion (Allium acuminatum), crescent milkvetch (Astragalus amphioxys), great bladdery milkvetch (Astragalus megacarpus), crypthantha (Cryptantha gracilis), perennial pepperweed (Lepidium latifolium), Osterhout's beard tongue (Penstemon osterhoutii), Rocky Mountain penstemon (Penstomen strictus), notchleaf phacelia (Phacelia crenulata), Sandberg bluegrass (Poa secunda), bluebunch wheatgrass (Pseudoroegneria spicata), bottlebrush squirreltail (Elymus elymoides), red three -awn grass (Aristide purpurea), junegrass (Koeleria macrantha), and galleta grass. A third land cover type consists of moderate to steep hillsides and rocky outcrops. These areas are located in the extreme northwestern portion of the property, to the east of the juniper woodland lying west of CR 319, and adjacent to three juniper woodlands located east of CR 319 (Figs. 2, 3). A majority of the ground on these hillsides does not contain vegetation. Scattered trees and shrubs occurring on the hillside include Utah juniper, black greasewood, Wyoming sagebrush, shadscale, rabbitbrush, and green ephedra (Ephedra viridis). Ground layer vegetation is sparse and includes cheatgrass, Indian ricegrass (Stipa hymenoides), Sandberg bluegrass, bluebunch wheatgrass, galleta grass, yellow alyssum, milk vetch (Astragalus Beattie Wildlife Consulting, Inc. November, 2003 Ve • etation Re • ort for the Pro • osed Mamm Creek Commons Pa•e wingatanus), snakeweed, double bladder -pod (Physaria floribunda), and yellow salsify. In general, these moderate to steep hillsides are not proposed for residential construction. The last land cover type consists of flat to gently sloping areas east and west of CR 319 (Figs. 2, 3). Dry Creek is situated north -south in this cover type. This cover type contains scattered Utah juniper, an absence of a shrub layer (vegetation 3' -10 - tall), and a ground layer dominated by Wyoming sagebrush, black greasewood, yellow alyssum, and cheatgrass. Plants occurring less frequently include winterfat, crested wheatgrass, common sunflower (Helianthus annuus), intermediate wheatgrass, rabbit - brush, tansy aster, and galleta grass. Virtually all of the sagebrush plants have been browsed heavily by livestock, mule deer, and elk. PROTECTED AND RARE PLANTS Approximately 3,200 flowering plant species occur in Colorado. Of these, 173 species have been categorized as rare by a consortium of federal, state, and private botanists in the Colorado Rare Plant Field Guide (Spackman et al. 1997). Fourteen of the 173 species are federally protected with a threatened or endangered status under the Endangered Species Act. Fifty-four species of vascular plants were identified on the proposed Mamm Creek Commons. None of the species are considered rare, threatened, or endangered. Development of Mamm Creek Commons will not directly impact rare, threatened, or endangered Colorado plants. November, 2003 Beattie Wildlife Consulting, Inc. 1 1111 1 1 1 M 1 1 1 1 1 Vegetation Report for the Proposed Mamm Creek Commons Page 7 WEEDS AND WEED CONTROL A noxious weed in Colorado is defined as "...an alien plant or parts of an alien plant that have been designated by rule as being noxious or has been declared a noxious weed by a local advisory board, and meets one or more of the following criteria: 1) aggressively invades or is detrimental to economic crops of native plant communities, 2) is poisonous to livestock; 3) is a carrier of detrimental insects, diseases, or parasites; 4) the direct or indirect effect of the presence of this plant is detrimental to the environmentally sound management of natural or agricultural ecosystems." The developer and future homeowners are fortunate that weeds are not a widespread problem on the proposed development. Garfield County has a designated noxious weed list that includes 21 species of plants. Only two of these species occur on the site of the proposed development: common burdock (Arctium minus) and tamarisk. Common burdock is a biennial weed that reproduces by seed. Seedlings emerge in early spring. The first year's growth produces a large rosette of bluntly pointed leaves that are 6-18 inches long and up to 10 inches wide. The second year rosette has a bushier form. A branched blower stalk emerges from the center of the rosette. The stalk grows 2 to 5 feet tall and burrs form on the stalk. l observed a total of 4 common burdock plants on the south slopes of the drainage located adjacent to Grass Mesa Road. Burdock is easier to control than other weeds, particularly when it is isolated and occurs infrequently. Spading burdock seedlings when they appear will destroy them. First year rosettes are destroyed by chemical herbicides. Late summer treatment ensures that late emerging seedlings will not grow large enough to produce Beattie Wildlife Consulting, Inc. November, 2003 Vegetation Report for the Proposed Mamm Creek Commons Page 8 the root reserves necessary for overwintering. A second -year rosette can send up a new flower stalk if the plant is only cut off at the surface. Spading or otherwise removing most of the taproot will prevent regrowth. Alternatively, if the plant is cut off after the flower stalk forms, the plant will not regrow and its seeds will have been eliminated. 1 located only one tamarisk tree on the site of the proposed development. The specimen is located in the drainage immediately north of Grass Mesa Road and is about 118 -mile west of CR 319. Tamarisk is a non-native species originally from southeastern Europe and Asia. This plant is very aggressive, it out -competes native plants, and it uses a tremendous amount of water. It provides few benefits to native wildlife and it grows in dense stands that crowd out native plants. The single tamarisk should be cut at ground level during dormancy/semi-dormancy (December -February) and the stump immediately wetted with a systemic herbicide such as triclopyr (Garcon 3A and Garlon 4). In addition to tamarisk and common burdock, the following 5 species of plants designated as noxious by the Colorado legislature occur on the proposed development: kochia, Russian thistle, perennial pepperweed, cranesbill, and Swainsonpea (Table 2). My understanding is that the developer has no legal obligation to control these species because they are not plants designated as noxious by Garfield County and are not threatening lands of adjacent owners. However, in the interests of land stewardship, homeowners, and the general public, 1 recommend the developer take steps to control Beattie Wildlife Consulting, inc. November, 2003 Vegetation Report for the Proposed Mamm Creek Commons Page 9 these species. These species are not widely distributed on the property and are very accessible. Kochia (Mexican fireweed) is a summer annual that reproduces by seed, is erect, and 1'-6' in height with multiple branches. Like Russian thistle, mature plants break off at the base and tumble across fields. In doing so the plant scatters thousands of seeds. Kochia is present on the proposed subdivision on both sides of Grass Mesa Road and adjacent to CR 319. As few as a dozen years ago, kochia was being recommended by the Cooperative Extension Service as an alternative field crop. This plant is now considered a noxious weed. Kochia in many parts of the west is becoming resistant to many herbicides. Steve Anthony, Garfield County Weed Manager, suggests a mixture of 2,4-D, Banvil and Escort be used, or, alternatively, a single -product application of another herbicide. Mr. Anthony should be contacted regarding current technology and chemical application procedures/restrictions for not only kochia, but for other noxious weeds occurring on the proposed development. Commercial applicators in the area include Gallagher Agriculture Services, Mountain Lawn, Roaring Fork Vegetation Management, and Western Vegetation Management. Russian thistle is a state -designated noxious weed. Also known as tumbleweed, it is native to southeastern Russia and was first introduced into the United States in 1873 as a contaminant in flax seed in South Dakota. Russian thistle can reduce crop yield, depletes soil moisture, threatens native plant communities, and causes allergies. Russian thistle is typically found along roadsides, fence lines, and agricultural fields -- any site with loosened soil. Russian thistle occurs along Grass Mesa Road and Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 • 1 1 1 1 1 1 Vegetation Report for the Proposed Mamm Creek Commons Rage 10 adjacent to CR 319. Cutting, pulling, and digging can work an small areas if repeated as necessary. Chemical control is the same as for kochia. Cranesbill, a winter annual/biennial weed, is a state designated noxious weed. Cranesbill is typically found on dry rangeland and can survive severe drought and heavy grazing. It is a pioneer species on disturbed sites and is considered an indicator of recent or frequent disturbance. Cranesbill occurs primarily adjacent to the north edge of Grass Mesa Road. Small infestations can be pulled up or dug out. Chemical controls are also available. Swainsonpea, a Colorado noxious weed, is a long-lived perennial with aggressive creeping roots. Until now, it has not been recorded for Garfield County. This species occurs primarily on the juniper hillside woodlands immediately south of Grass Mesa Road. Swainsonpea is difficult to control because the seeds are extremely hard and may be viable in the soil for many years. In addition, it has an extensive creeping root system that makes it difficult to control mechanically. Little published information is available on chemical control of Swainsonpea. Perennial pepperweed, a Colorado noxious weed, is a herbaceous perennial. It is found along the drainage located north of Grass Mesa Road. It currently is not widespread should be able to be controlled by hand pulling, digging, and application of specific herbicides (Escort, Arsenal). Jimmie Sills, the developer, will be responsible for weed control during development and prior to transfer to the development to the homeowners' association (HOA). When ownership of individual lots is transferred, the homeowner should be Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 M 1 1 1 1 1 1 Vegetation Report for the Proposed Mamm Creek Commons Page 11 responsible for weed control. The HOA will be responsible for weed control on common areas following transfer of ownership. REVEGETATION Surface disturbance associated with development will include road construction, including cuts and fills, partial clearing of lots and grading, trench excavation for utilities, and right-of-way clearing. It will be important to revegetate areas to reduce soil erosion and to maintain vegetative communities and ecological integrity. The initial goal of revegetation should be to reduce soil erosion in areas where it would not be advisable to try to initially establish native vegetation. These areas would include cleared slopes, cuts, and fills. 1 recommend the following seed mix TEMPORARY SEED MIX COMMON NAME Thickspike wheatgrass Smooth brome Sideoats grama Russian wildrye SCIENTIFIC NAME Agropyron dasystachyum Bromis inermis Bouteloua curtipendula Elymus junceus VARIETY SEEDS/LB Critana Lincoln Butte Vanall, Bozoisky 160,000 145,000 190,000 170,000 SEEDING RATE— SEEDS/ LBS FT2 PLS/ACRE' 9 13 10 8 2.4 3.9 2.2 2.0 TOTAL 40 10.7 1 Pounds of pure live seed/acre if the seed is drilled; if broadcast, double the seeding rate. Four species of graminoids are recommended for the temporary seed mix. Thickspike wheatgrass, a native species, is a strongly rhizomatous, long-lived, drought tolerant, Beattie Wildlife Consulting, inc. November, 2003 1 1 1 1 1 1 • 1 1 1 1 1 1 Vegetation Report for the Proposed Mamm Creek Commons Page 12 perennial sod -former. Palatability is fair to moderate value for wildlife. The Critana variety was developed for strong sodding ability in dry sites, has a very strong seedling vigor, and is excellent for site stabilization. Smooth brome (Lincoln variety) originates from Hungary and is a cool season, moderately drought tolerant, long-lived vigorous sod -former. It is aggressive and develops strong rhizomes and forms sod. It has a fair palatability for wildlife. Sideoats grama, a native species, is a warm season, moderately drought -tolerant, weakly rhizomatous, bunch perennial sod -former adapted to many sites. It is highly palatable to wildlife during spring and summer. The Butte variety is winter hardy, long-lived, and is adapted to areas with short growing seasons. Russian wildrye, a species introduced from Russia, is a cool season, perennial bunchgrass with an extensive root system. It may be difficult to establish but once established it is extremely drought tolerant. Palatability is good for wildlife. The Bozoisky Select variety is winter hardy, drought resistant and widely adapted to western regions. The recommended application rate is 10.7 pounds of pure live seed (PLS) per acre if drilled and 21.4 pounds of PLS per acre if broadcast. On slopes of 3:1 or flatter, drill seeding should be used. Drill seeders should be capable of handling a variety of different seed mixtures. Drill rows should be no greater than 12 inches on center and all drilling should be completed on the parallel to the contour of the land where practical. Seed should be drilled to a depth of .25 to .50 inches. Prior to seeding areas to be revegetated, the soil should be disked, chisel plowed, or harrowed to a depth of 12 or more inches. Biosol organic fertilizer should be applied at 1,200 pounds per acre prior Beattie wildlife Consulting, Inc. November, 2003 Vegetation Report for the Proposed Mamm Creek Commons Page 13 to tillage to incorporate a soil amendment. If broadcasting seed on steeper slopes, the seed should be raked or harrowed to lightly cover seed with soil. On steeper slopes it is recommended that seeded areas be mulched with either certified hay at 1.5 tons per acre or cereal grain straw at 2.0 tons per acre. Mulch should be crimped into the soil unless the slopes are steeper than 3:1, in which case the mulch should be broadcast. Hydro mulching using wood fiber at 1.5 tons per acre with a tackifier may also be used. When soil and weather conditions dictate, erosion control blankets (ECBs) may be used. ECBs consist of excelsior material, straw blankets, or straw/coconut blankets. An alternative on steep slopes is to apply a Bonded Fiber Matrix (BFM). BFM contains long fibers of hydro mulch with heavy guar tackifiers. BFM cures to appear like a hard insulation that adheres to the soil surface better than ECBs. Straw bale dikes and silt fencing should be used as needed to trap sediment by ponding water and allowing sediment to settle out. The objective initially is to control soil erosion with fast-growing vegetation and sediment trapping and then to later revegetate with native species. On flat to gently sloping areas adjacent to CR 319 and on flat to moderately sloping juniper mesas, I recommend applying the following seed mix to disturbed areas. The objective would be to convert disturbed areas to primarily native vegetation. In general, the same revegetation techniques as with the temporary seed mix should be employed. Beattie Wildlife Consulting, Inc. November, 2003 Vegetation Report for the Proposed Mamm Creek Commons Page 14 PINYON -JUNIPER SEED MIX COMMON NAME Western wheatgrass Thickspike wheatgrass Russian wildrye Galleta Sandberg bluegrass Bluebunch wheatgrass Indian ricegrass Small burnet Northern sweet vetch SCIENTIFIC NAME Agropyron smithii Agropyron dasystachyum Elymus junceus Hilaria jamesii Poa secunda VARIETY Arriba Critana SEEDS/ SEEDS/LB FT2 6 125,000 160,000 Pseudoroegner is spicata Oryzopsis humenoides Sanguisorba minor Hedysarum boreale Vanall, Bozoisky Viva 170,000 160,000 925,000 140,000 SEEDING RATE— LBS PLSIACRE1 2.0 8 2.1 7 1,7 10 2.7 21 6 1.0 2.0 Paloma Delar 155,000 50,000 340,000 6 2 1 1.6 1.7 1.0 Big sagebrush Shadscale saltbush Artemisia tridentate Hobblecreek 2,500,000 1 0.5 Atriplex confertifolia 65,000 2 1.5 TOTAL 70 18.2 1 Pounds of pure live seed/acre if the seed is drilled; if broadcast, double the seeding rate. The pinyon juniper recommend mix contains 7 graminoids, 2 forbs, and 2 shrubs. Western wheatgrass, a native species, is a cool season, saline -tolerant, moderately drought -tolerant, sod -former. Palatability for wildlife is fair to moderate. The Arriba variety is aggressive with rapid seedling establishment. Galleta grass is a native Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1M 1 1 1 1 1 1 11' Vegetation Report for the Proposed Mamm Creek Commons Pane 15 species. It is a warm season, rhizomatous bunchy sod -former. It matures in early summer and again in early fall. It has good palatability for wildlife. The Viva variety is best known for the tough woody rootstock it develops. It is an exceptional soil binder and is very drought tolerant, surviving in areas with only 8 inches of annual precipitation. Sandberg bluegrass, a native species, is a short, cool season, drought tolerant, perennial bunchgrass that is productive on poorer sites. Native bluebunch wheatgrass is a cool season, drought tolerant, perennial bunchgrass that is particularly adapted to thin, non-productive soils. It has good palatability to wildlife. Indian ricegrass is a cool season native species that is very drought tolerant and is highly palatable to wildlife. Small Burnet is an introduced forb that is fairly drought tolerant. It produces valuable food for wildlife in late winter and early spring. The Delar variety is a hardy, evergreen perennial forb with a strong tap root. It is very drought tolerant and is also winter -hardy. Northern sweetvetch, a native, is drought tolerant and will grow in partial shade. It grows well on grassy slopes as well as on rocky hillsides. Forage palatability is good for wildlife. Shadscale, a native species, is a small to medium evergreen to deciduous shrub, 1 to 3 feet tall, that is highly palatable to wildlife, particularly in the winter. Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 M 1 1 1 1 1 1 Vegetation Report for the Proposed Mamm Creek Commons Page 16 LITERATURE CITED Carter, J. L. 1988. Trees and shrubs of Colorado. Johnson Books, Boulder, CO. Dorn, R. D. 1992. Vascular plants of Wyoming. Mountain West Pub., Cheyenne, WY. Goodrich, S. and E. Neese. 1986. Uinta Basin flora. USDA Forest Service, Ogden, UT. Great Plains Flora Association. 1986. Flora of the Great Plains. Univ. Press of Kansas, Lawrence, KS. Harrington, H. D. Manual of the plants of Colorado. Sage Books, Denver, CO. Mozingo, H. 1986. Shrubs of the Great Basin. Univ. Nevada Press, Las Vegas, NV. Pesman, M. W. 1992. Meet the natives: the amateur's field guide to Rocky Mountain wildflowers, trees, and shrubs. Deriver Botanic Gardens, Deriver, CO. Spackman, S., B. Jennings, J. Coles, C. Dawson, M. Minton, A. Kratz, and C. Spurrier. 1997. Colorado rare plant field guide. Prepared for the Bureau of Land Management, U.S. Forest Service, and the U.S. Fish and Wildlife Service by the Colorado Natural Heritage Program. U. S. Forest Service. 1937. Range plant handbook. U.S. Dept. Agriculture, Washington, D.C. Weber, W. A. and R. C. Wittmann. 1996. Colorado flora: western slope. Colo. Univ. Press, Niwot, CO. Welsh, S. L., N. D. Atwood, S. Goodrich, and L. C. Higgins. 1993. A Utah flora. Sec. Ed. Brigham Young Univ., Provo, UT. Beattie Wildlife Consulting, inc. November, 2003 1 1 1 1 1 1 •1 1 1 1 1 1 Vegetation Report for the Proposed Mamm Creek Commons Page 17 Whitson, T. D. 1992. Weeds of the west. Western Soc. Weed Sciences, Western U.S. Land Grant Univ., Cooperative Extension Service. Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 t 1 1 1 1 1 1 Vegetation Report for the Proposed Mamm Creek Commons Page 18 Table 1. Garfield County designated noxious weed list. Common Name Leafy spurge Russian knapweed Yellow starthistle Plumeiess thistle Houndstongue Common burdock Scotch thistle Canada thistle Spotted knapweed Diffuse knapweed Dalmatian toadflax Yellow toadflax Hoary cress Saltcedar Saltcedar Oxeye daisy Jointed goatgrass Chicory Musk thistle Purple loosestrife Russian olive Scientific Name Euphorbia esula Acroptilon repens Centaurea solstifalis Carduus acanthoides Cynoglossum officinale Arcfium minus Onopordum acanthium Cirsium arvense Centaurea maculosa Centaurea diffusa Linaria dalmatica Linaria vulgaris Cardaria draba Tamarix parviflora Tamarix ramosissima Chrysanthemum leucantheun Aegilops cylindrica Cichorium intybus Carduus nutans Lythrum salicaria Elaeagnus angustifolia Beattie Wildlife Consulting, inc. November, 2003 Vegetation Report for the Proposed Mamm Creek Commons Page 19 Table 2. Colorado state government designated noxious weeds. Common Name Absinth wormwood African rue Black henbane Black nightshade Blue mustard Bouncingbet Bull thistle Camelthom Canada thistle Chicory Chinese clematis Coast tarweed Common burdock Common crupina Common groundsel Common mullein Common St. Johnswort Common tansy Common teasel Cypress spurge Dalmatian toadflax broad-leaved Scientific Name Artemisia absinthium Peganum harmald Hyoscyamus niger Solanum nigrum Chorispora tenella Saponaria officinalis Cirsium vulgare Alhagi pseudalhagi Cirsium arvense Cichorium intybus Clematis orientalis Madia saliva Arctium minus Crupina vulgaris Senecio vulgaris Verboscum thapsus Hypericum perforatum Tanacetum vulgare Dipsacus fulionum Euphorbia cyparissias Linaria dalmatica Beattie Wildlife Consulting, inc. November, 2003 1 1 1 1 1 M 1 1 1 1 1 1 Vegetation Report for the Proposed Mamm Creek Commons Page 20 Table 2. Colorado state government designated noxious weeds (continued). Common Name Scientific Name Dalmation toadflax, narrow -leaved Dame's rocket Diffuse knapweed Downy brome Dyer's woad Eurasian watermilfoil Field bindweed Flixweed Giant salvinia Green foxtail Hairy nightshade Halogeton Hoary cress Houndstongue Hydrilla Johnsongrass Jointed goatgrass Kochia Leafy spurge Mayweed chamomile Linaria genistifolia Hesperis matronalis Centaurea diffusa Bromus tectorum !satis tinctoria Myrlophyllum spicatum Convolvulus arvensis Descurainia sophia Salvinia molesta Setaria viridis Solanum sarrachoides Halogeton glomeratus Cardaria draba Cynoglossum offlcinale Hydrilla hydrilla Sorghum halepense Aegilops cylindrica Kochia scopana Euphorbia esula Anthemis cotula Beattie Wildlife Consulting, Inc. November, 2003 1 1lb 1 1 1 1 1 1 • 1 1 1 1 1 1 Vegetation Report for the Proposed Mamm Creek Commons Paye 21 Table 2. Colorado state government designated noxious weeds (continued). Common Name Scientific Name Meadow knapweed Mediterranean sage Medusahead rye Moth mullein Musk thistle Myrtle spurge Orange hawkweed Oxeye daisy Perennial pepperweed Perennial sowthistle Plumeless thistle Poison hemlock Puncturevine Purple loosestrife Quackgrass Redstem filaree Rush skeletonweed Russian knapweed Centaurea pratensis Salvia aethiopis Taeniatherum caput -medusae Verbascum blattaria Carduus nutans Euphorbia myrsiniies Hieracium aurantiacum Chrysanthemum leucanthemum Lepidium latifolium Sonchus arvensis Carduus acanthoides Conium maculatum Tribulus terrestris Lythrum sallcaria Elytrigia repens Erodium cicutarium Chondrilla juncea Centaurea repens Beattie Wildlife Consulting, Inc. November, 2003 hI 1 1 1 1 1 • 1 1 1 1 1 1 1 Vegetation Report for the Proposed Mamm Creek Commons Page 22 Table 2. Colorado state government designated noxious weeds (continued). Common Name Russian -olive Russian thistle Saltcedar Scientific Name Scentless chamomile Scotch thistle Sericea lespedeza Shepherdspurse Spotted knapweed Spurred anoda Squarrose knapweed Sulfur cinquefoil Swainsonpea Tansy ragwort Velvetleaf Venice mallow Wild caraway Wild mustard Wild oats Wild proso millet Elaeagnus angustifolia Salsola collina and S. iberica Tamarix parviflora and T. ramosissima Anthemis arvensis Onopordum acanthium and Q. tauricuni Lespedeza cuneata Capsella bursa -pastoris Centaurea maculosa Anoda cristata Centaurea virgata Potentilla recta Sphaerophysa salsula Senecio jacobaea Abutilon theophrasti Hibiscus trionum Carum carvi Brassica kaber Avena fatua Panicum miliaceum Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 M 1 1 1 1 1 1 Vegetation Report for the Proposed Mamm Creek Commons Page 23 Table 2. Colorado state government designated noxious weeds (continued). Common Name Scientific Name Yellow (oxtail Setaria glauca Yellow nutsedge Cyperus esculenfus Yellow starthistle Cenfaurea solsfitialis Yellow toadflax Linaria vulgaris Beattie Wildlife Consulting, Inc. November, 2003 u°1 1 1 1 1 M 1 1 1 1 1 Vegetation Report for the Proposed Mamm Creek Commons Page 24 Table 3. Top ten prioritized weed species for the state of Colorado. Common Name Canada thistle Dalmatian toadflax broad-leaved Diffuse knapweed Field bindweed Hoary cress Houndstongue Leafy spurge Mayweed chamomile Musk thistle Russian knapweed Yellow toadflax Scientific Name Cirsium arvense Linaria dalmatica and Linaria genistifolia Centaurea diffusa Convolvulus arvensis Cardaria draba Cynoglossum offlcinale Euphorbia esula Anthemis cotula Carduus nutans Centaurea repens Linaria vulgaris Beattie Wildlife Consulting, Inc. November, 2003 Vegetation Report for the Proposed Mamm Creek Commons Page 25 Table 4. Colorado state government designated priority weeds based on potential economic and environmental harm. Common Name Scientific Name Absinth wormwood African rue Bouncingbet Camelthom Coast tarweed Common crupina Common teasel Cypress spurge Dyer's woad Eurasian watermilfoil Giant salvinia Hydrilla Meadow knapweed Mediterranean sage Medusahead rye Moth mullein Myrtle spurge Orange hawkweed Rush skeletonweed Sericea lespedeza Artemisia absinthium Peganum harmald Saponaria ofcinalis Alhagi pseudalhagi Media saliva Crupina vulgaris Dipsacus fulion um Euphorbia cyparissias Isatis tinctoria Myriophyllum spicatum Salvinia molesta Hydrilla hydrilla Centaurea pratensis Salvia aethiopis Taeniatherum caput -medusae Verbascum blattaria Euphorbia myrsinites Hieracium aurantiacum Chondrilla juncea Lespedeza cuneata Beattie Wildlife Consulting, inc. November, 2003 1 1 1 1 1 1 1 1 1 1 1 )1' Vegetation Report for the Proposed Mamm Creek Commons Page 26 Table 4. Colorado state government designated priority weeds based on potential economic and environmental harm (continued). Common Name Scientific Name Spurred anoda Squarrose knapweed Sulfur cinquefoil Tansy ragwort Venice mallow Yellow starthistle Anoda cristata Centaurea virgata Potentilla recta Senecio jacobaea Hibiscus trionum Centaurea solstitialis Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 • 1 1 1 1 1 1 i 1 Vegetation Report for the Proposed Mamm Creek Commons Page 27 Table 5. Plant species recorded for Garfield County by the Colorado State University Herbarium. Source: herbarium.biology.colostate. edu/Garfield.htm. enus :..''", SpecificEpithet . InfraspecificName Ab es Iasiocar•a Abronia argillosa Abronia elliptica Acer • labrum Acer glabwm negundo tri• artitum Acer Achillea millefolium occidentalis Aconitum columbianum Actaea rubra - A • astache Agoseris urticifolia aurantiaca Agoseris glauca Agoseris glauca _ laciniata A • ropW yron albicans dasystachyum Agropyron dasystachyum A• rop ron smithii Agropyron spicatum inerme Agropyron s • icafum spicatum Agropyron trach caulum Agropyron trachycaulum unilaterale A • rostis exarata Agrostis scabra A • rostis stolonifera Allium acuminatum Allium cemuum Amaranthus albus Amelanchier alnifolia Amelanchier • umila Amelanchier utahensis Androsace septentrionalis Androsace septontrionalis Angelica ampla Antennaria parviflora Antennaria rosea Antennaria umbrinella Aquilegia barnebyi Aquilegia coerulea coerulea Aquilegia coerulea ochroleuca Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 w 1 1 1 1 1 1 Vegetation Report for the Proposed Mamm Creek Commons Page 28 Table 5. Plant species recorded for Garfield County by the Colorado State University Herbarium. Source: herbarium.biology.colostate. edu/Garfield.htm. (continued). Genus SpecificEpithet InfraspecificNarne Arabis glabra Arabis holboellii Arabis pulchra Arenaria congests Arenaria eastwoodiae Arenaria fendieri Arenaria kingii Arenaria lateritiora Arenaria macradenia Arnica cordifolia Arnica parryi Artemisia dracunculus Artemisia ludoviciana Artemisia spinescens Artemisia tridentata Asclepias asperula Asclepias cryptoceras Asclepias hallii Asclepias speciosa Asclepias subverticillata Asparagus officinalis Asperugo procumbens Aster ascendens Aster engelmannii Aster ericoides Aster foliaceus Aster glaucodes Aster laevis Astragalus amphioxys Astragalus argophyllus Astragalus - asclepiadoides Astragalus F bisulcatus Astragalus convallarius Astragalus flavus Astragalus flexuosus Astragalus lonchocarpus Astragalus i lutosus Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 M 1 1 1 1 1 1 1 Vegetation Report for the Proposed Mamm Creek Commons Page 29 Table 5. Plant species recorded for Garfield County by the Colorado State University Herbarium. Source: herbarium.biology.colostate. edu/Garfield.htm. (continued). "Genus . SpecificEpithet InfraspecificName Astragalus musiniensis Astragalus pattersonii Astragalus purshii Astragalus wetherillii Astragalus wingatanus Atriplex canescens Atriplex confertifolia Atriplex cuneata Atriplex graciliflora Balsamorhiza sagittata hyssopifolia _Bassia Brickellia californica Brickellia grandiflora Bromus carinatus Bromus ciliatus Bromus inermis inermis Bromus polyanthus Bromus tectorum Calamagrostis purpurascens Calamagrostis scopulorum Calochortus gunnisonii Camelina macrocarpa Camissonia Campanula scapoidea j rotundifolia Capsella { bursa pastoris Cardamine cordifolia Cardaria Carex j draba 1 aurea 1 Carex capillaris Carex geyeri Carex hoodii Carex ;Carex ; 1 allots lanuginosa Carex microptera Carex nebrascensis Carex petaseta Carex ; physocarpa Beattie wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 1 1 1 1 1 1 Vegetation Report for the Proposed Mamm Creek Commons Page 30 Table 5. Plant species recorded for Garfield County by the Colorado State University Herbarium. Source: herbarium.biology.colostate. edu/Garfield.htm. (continued). Genus .y SpecificEpithet infraspecificName Carex raynoldsii rostrata Carex Castilleja chromosa Castilleja Castilleja linariaefolia miniafa Castilleja rhexifolia Castilleja sulphurea Catabrosa aquatica Ceanothus marfinii Ceanothus velutinus Centaurea jacea Centaurea repens Cerastium arvense Ceratocephalus testiculatus Cercocarpus montanus Chaenactis douglasii Chenopodium album Chenopodium capitatum Chenopodium fremontii Chenopodium glaucum Chorispora Fenella Chrysothamnus depressus Chrysothamnus Chrysothamnus Jinifollus nauseosus cgraveolens parryi Chrysothamnus par i Chrysothamnus viscidiflorus lanceolafus Cichorium intybus arvense Cirsium Cirsium calcareum Cirsium canescens Cirsium centaureae Cirsium undulatum Cirsium vulgare — h Claytonia Ianceolata Claytonia megarrhiza columbiana Clematis Beattie Wildlife Consulting, inc. November, 2003 1 i1 1 1 1 1 1M 1 1 1 1 1 Vegetation Report for the Proposed Mamm Creek Commons Page 31 Table 5. Plant species recorded for Garfield County by the Colorado State University Herbarium. Source: herbarium. biology.colostate. edu/Garfield.htm. (continued). Genus SpecificEpithet Infras p ecificName Clematis hirsutissima Cleome serrulata Collinsia parviflora Collomia grandiflora Collomia linearis Comandra umbellate Corallorrhiza maculata Cornus stolonifera Corydalis aurea aurea Corydalis aurea occidentalis Crataegus erythropoda Crataegus rivularis Crepis acuminata Cryptantha bakery Cryptantha cana Cryptantha elata Cryptantha flavoculata Cryptantha gracilis Cryptantha sericea Cryptantha virgata Cymopterus bulbosus Cymopterus purpurascens Cymopterus purpureus Cynoglossum officinale Dactylis glomerata Danthonia intermedia Delphinium nelsonli Delphinium nuttallianu Delphinium occidentals Delphinium ramosum Delphinium Delphinium robustum Descurainia variegatum califomica Descurainia pinnata Descurainia richardsonii Draba spectabilis Dracocephalum parvitlorum Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 M 1 1 1 1 1 1 Vegetation Report for the Proposed Mamm Creek Commons Page 32 Table 5. Plant species recorded for Garfield County by the Colorado State University Herbarium. Source: herbarium.biology.colostate. edufGarfield.htm. (continued). y r? SpecificEpithet InfraspecificName Dtyopteris filix-mas Dugaldia hoopesii Echinocereus triglochidiatus Echinochloa crus-galli Eleocharis palustris Ellisia nyctelea Elymus ambiguus salinus Elymus cinereus Elymus glaucus triticoides Elymus Elysitanion Ephedra viridis Epilobium angustifolium Epilobium brevistylum Epilobium ciliatum glandulosum Epilobium ciliatum ciliatum Epilobium Iatifolium Equisetum arvense Equisetum Iaevigatum Erigeron a cris Erigeron colomexicanus Erigeron concinnus Erigeron coulter! Erigeron eatonii Erigeronelatior Erigeron engelmannii Erigeron flagellaris Erigeron glabellus - Erigeron peregrines Erigeron pinnatisectus Erigeron speciosus macranthus Erigeron speciosus speciosus Erigeron subtrinervis Eriogonum bicolor Eriogonum corymbosum gordonii I Eriogonum Eriogonum inflatum Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 1 1 1 1 1 Vegetation Report for the Proposed Mamm Creek Commons Page 33 Table 5. Plant species recorded for Garfield County by the Colorado State University Herbarium. Source: herbarium. biology.colostate. edufGarfield.htm. (continued). Genu SpecificEpithet InfraspecificName Eriogonum Eriogonum lonchophyllum ovalifolium Eriogonum sarothriforme Eriogonumumbellatum _, aureum Erodium cicutarium Erysimum capitatum Erythronium grandiflorum Euphorbia fendleri Euphorbia robusta Festuca arundinacea Festuca dasyclada Festuca idahoensis Festuca ovina Festuca thurberi Frasera speciosa Fritillaria atropurpurea Gaillardia aristata Gaillardia pinnatifida Galium aparine Galium bifolium Galium boreale Callum ' coloradense Galium triflorum Gayophytum diffusum Gentiana algida Gentiana parryi Gentianella amarella Geranium caespitosum Geranium richardsonii Geum macrophyllum Geum triflorum Gilia sinuata Glechoma hederacea Goodyera oblongifolia Grayia brandegei 1 Grindelia fastigiata Grindelia j squarrosa Beattie Wildlife Consulting, Inc. November, 2003 1 Vegetation Report for the Proposed Mamm Creek Commons Page 34 Table 5. Plant species recorded for Garfield County by the Colorado State University Herbarium. Source: herbarium.biology.colostate. edu/Garfield.htm. (continued). s SpecificEpithe nfraspecificName Gutierrezia i sarothrae Hackelia J floribunda Helianthella ! quinquenervis Helianthella uniflora Heliomeris multiflora Heterotheca horrida Heterotheca Heuchera villosa parvifolia Hilaria jamesii Holodiscus discolor Holodiscus dumosus Hordeum Hordeum brachyantherum jubatum Hordeum pusillum Humulus lupulus H drophyllum Hydrophyllum H meso • appus capitatum fendleri filifolius H menoxys acaulis Hypericur Ipomopsis scouleri aggregata Ipomopsis Ipomopsis aggregata aggregata polyantha attenuata jpomopsis tenuituba Iva axillaris Iva Juncus xanthifolia articulatus Juncus bufonius Juncus confusus Juncus Iongistylis Juncus mertensianus Juniperus Kochia scopulorum americana Kochia scoparia Koeleria Kuhnia 1 macrantha rosmarinifolia Beattie Wildlife Consulting, Inc. November, 2003 1 'is 1 1 1 1 1 1 1 1 1 1 1 1 ;el 1 Vegetation Report for the Proposed Mamm Creek Commons Page 35 Table 5. Plant species recorded for Garfield County by the Colorado State University Herbarium. Source: herbarium.biology.colostate. edu/Garfield.htm. (continued). ' ;aus Sped fici=pithet lnfraspecificName Lactuca serriola Lamium cardiaca Lappula redowskii Lappula squarrosa Lathyrus leucanthus Lathyrus leucathus Lepidium carnpestre Lepidium latifolium Leptodacylon pungens parvJflora Lesquerella Leucelene ericoides Leucopoa kingii Lewisia pygmaea Ligusticum ported Limnorchis ensifolia Limoselia aquatica Linanthus androsaceus Linaria dalmatica Linum Jewish' Lithospermum ruderale Lomatium grayi Lomatium orientale Lotus corniculatus Lupinus amplus Lupinus argenteus Lupinus bakeri Lupinus brevicaulis Lupinus caudatus Lupinus parviflorus Lupinus vallicola Lycium barbarum cg, rraandiflora _Lygodesmia Machaeranthera canescens canescens Machaeranthera pinnatifida Madia glomerata Malcolmia africana Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 M 1 1 1 1 1 1 1 Vegetation Report for the Proposed Mamm Creek Commons Page 36 Table 5. Plant species recorded for Garfield County by the Colorado State University Herbarium. Source: herbarium.biology.colostate. edu/Garfield.htm. (continued). Beattie Wildlife Consulting, Inc. November, 2003 SpecificEpithet infraspecificName Marrubium vulgare Matricaria matricarioides �f Medicago lupulina Melica bulbosa Mehta spectabilis Melilotus alba Mentha arvensis Mentzelia dispersa compacta Mentzelia dispersa dispersa Mentzelia laciniata Mentzelia multicaulis Mentzelia pterosperma Mentzelia rhizomata Mentzelia thompsonii Mertensia alpina Mertensia brevistyla Mertensia ciliata Mertensia lanceolata Microseris nutans Microsteris gracilis Mimulus guttatus Mitella stauropetala Monolepis nuttalliana Myosotis alpestris Nicotiana attenuata Oenothera caespitosa macroglottis Oenothera caespitosa marginata navajoensis Oenothera caespitosa Oenothera flava Opuntia fragilis Oryzopsis hymenoides Oryzopsis micrantha Osmorhiza depauperata Osmorhiza occidentalis Oxybaphus linearis 1 Oxytropis lambertii Beattie Wildlife Consulting, Inc. November, 2003 1 i1 1 1 1 1 1 1 1 1 1 1 1 1 Vegetation Report for the Proposed Mamm Creek Commons Page 37 Table 5. Plant species recorded for Garfield County by the Colorado State University Herbarium. Source: herbarium.biology.colostate. edu/Garfield.htm. (continued). Genii SpecificEpithet infraspecificName Oxytropis ; sericea f Packera j multilobata Packera 1 neomexicana mutabilis Packera pseudaurea �capillare flavula Panicum Paronychia jamesii Paxistima myrsinites Pedicularis bracteosa Pedicularis grayi groenlandica Pediculan's Pedicularis racemosa Pellaea glabella Penstemon alpinus Penstemon barbatus torreyi Penstemon caespitosus Penstemon debilis Penstemon fremontii Penstemon moffatil Penstemon osterhoutii Penstemon rydbegii Penstemon strictus Penstemon watsonii Penstemon whippleanus Peraphyllum ramosissimum Phacelia alba Phacelia corrugata Phacelia heterophylla Phacelia idahoensis Phacelia splendens Phacelia submutica Phalaris arundinacea Philadelphus microphyllus D. hIni i,,, /J Iran. rm Phlox hoodii Phlox Phlox longifolia multiflora Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 r 1 1 1 1 Vegetation Report for the Proposed Mamm Creek Commons _ Page 38 Table 5. Plant species recorded for Garfield County by the Colorado State University Herbarium. Source: herbarium.biology.colostate. edu/Garfield.htm. (continued). Genus; SpecificEpithet• InfraspeciflcName Physaria acutifolia Physaria floribunda Ph ssaria rollinsii Physaria vitulifera Picea pungens Pinus edulis Pinus flexilis Plagiobothtys scouted Plantago lanceolata Plantago major Plantago _ tweedy! Platyschkuhria oblongifolia Poa alpina Poa amply Poa canbyi Poa nemoralis Poa nervosa Poa nevadensis Poa pratensis Poa reflexa Poa rupicola Poa stenentha Polemonium foliosissimum Polygonum aviculare Polygonum bistortoides Polygonum patulum Polygonum persicaria Polypogon monspeliensis angustifolia Populus Populus tremuloides Potamogeton alpinus Potamogeton filiformis Potamogeton pusillus Potentilla diversifolia Potentilla fruticosa Potentilla gracilis 111111 Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Vegetation Report for the Proposed Mamm Creek Commons Page 39 Table 5. Plant species recorded for Garfield County by the Colorado State University Herbarium. Source: herbarium.biology.colostate. edufGarfield.htm. (continued). Gen' ®ems _1a- — ' fspeoiflc pa Potentilla heliophilum Potentilla hippiana Potentilla hookeriana Potentilla pulcherrima rubricaulais Potentilla Prunus armeniaca Prunus virginiana melanocarpa Pseudocymopterus montanus Pseudotsuga menziesli _ Psilostrophe baker! Pteridium aquilinum Puccinellia airoides Purshia tridentata Pyrrocoma clementis Quercus gambelii Ranunculus alismifolius Ranunculus aquatilis Ranunculus cymbalaria eschscholtzii adoneus Ranunculus Ranunculus inamoenus Ranunculus macounii Ratibida columnifera Ratibida tagetes trilobata Rhus Ribes aureum aureum Ribes cereum Ribes inerme Ribes leptanthum Ribes Ribes Rorippa Rosa Rosa Rosa montigenum wolfii nasturtium- aquaticum acicularis nutkana woods! Rubus deliciosus Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 M 1 1 1 1 1 1 1 Vegetation Report for the Proposed Mamm Creek Commons Page 40 Table 5. Plant species recorded for Garfield County by the Colorado State University Herbarium. Source: herbarium. biology.colostate. edufGarfield.htm. (continued). Genus ° ` SpecificEpithet ' lnfraspecificName Rudbeckia laciniata Rudbeckia occidentalis Rumex crispus Rumex salicifolius triangulivalvis Ruppia maritima Salix bebbiana Salix exigua Salix monticola Salix rigida Sarcobatus vermiculatus Saxifraga bronchialis Schoenocrambe linifolia Scirpus maritimus Scirpus validus Sclerocactus glaucus Sclerocactus parviflorus Sclerochloa dura Scrophularia lanceolata Senecio bigelovii Senecio crassulus Senecio eremophilus kingii Senecio integerrimus Senecio sorra admirabilis Senecio triangularis Setaria glauca Shepherdia argentea Shepherdia canadensis Sidalcea candida Silene menziesii Sisymbrium altissimum Sitanion hystrix calycina Smelowskia Smilacina racemosa Smilacina stellata Solanum carollnense Solidago canadensis Beattie Wildlife Consulting, inc. November, 2003 1 1 1 1 1 1 1 M 1 1 1 1 1 1 1 Vegetation Report for the Proposed Mamm Creek Commons Page 41 Table 5. Plant species recorded for Garfield County by the Colorado State University Herbarium. Source: herbarium. biology.colostate. edu/Garfield.htm. (continued). Genus. `'`' SpecificEpithet lrifraspecificName Solidago multiradiata scopulorum Solidago occidentalis Solidago parryi Sorghum halepense Sphaeralcea coccinea Sphaeralcea parvifolia Sporobolus cryptandrus Stel{aria calycantha Ste{laria jamesiana Stellarra longipes Stel{aria umbel{ata Stenotus acaulis Stenotus armerioides Stephanomeria tenuifolia Stipa ; columbiana Stipa comata Stipa lettermanii Stipa Stiporyzopsis occidentalis bloomer? Streptanthus cordatus Suaeda intermedia Swertia perennis Symphoricarpos ? oreophilus Tanacetum vulgare Taraxacum officinale Tetradymia canescens Tetradymiaspinosa Thalictrumfendleri Thalictrum a heliophilum The! • odiopsis elegans Thelypodiopsis 'uniperorum Thermopsis divaricarpa Thlaspi montanum Thysanocarpus curvipes Townsendia incana Toxicodendron rydbergii Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 M 1 1 1 1 1 1 )1, 1 Vegetation Report for the Proposed Mamm Creek Commons Page 42 Table 5. Plant species recorded for Garfield County by the Colorado State University Herbarium. Source: herbarium.biology.colostate. edufGarfieid.htm. (continued). s wa N ecificERithe litii raspecifalam Travopogon dubius Trifolium dasyphyllum Trifolium gymnocaron Trifolium parryi Trifolium pratense Trifolium repens Trifolium tridentatum Trisetum montanum Trisetum spicatum Ulmus pumila Vaccinium caespitosum Valeriana edulis Valeriana occidentalis Verbena bracteata Veronica americana Veronica anagallis-aquatica Veronica serpyllifolia Vicia americana Viola adunca Viola canadensis canadensis Viola douglasii Viola nuttallii Viola . ra emorsa Viola vallicola Wyethia ampfexicaulis Xanthium strumarium Xylorhiza venusta Zigadenus elegans Beattie Wildlife Consulting, Inc. November, 2003 Shrubs Artemisia tridentata Artemisia tridentate wyomingensis Atriplex confertifolia Ceratoides Janata Chrysothamnus depressus Chrysothamnus nauseous Ephedra viridis Big sagebrush Wyoming sagebrush Shadscale Winterfat Low rabbitbrush Rabbitbrush Green ephedera Sarcobatus vermiculatus Black greasewood Trees Pinus edulis Populus angustifolia Sabina osteosperma Tamarix ramosissimia Pinyon pine Narrow -leaved cottonwood Utah juniper Salt cedar, tamarisk SCIENTIFIC NAME COMMON NAME Vegetation Report for the Proposed Mamm Creek Commons Page 43 Table 6. Vegetation inventory of the proposed Mamm Creek Commons. Forbs A!!!um acuminatum Wild onion Alyssum alyssoides Arabis glabra Yellow alyssum Tower mustard Arctium minus Common burdock Astragalus amphioxys Crescent milkvetch Astragalus megacarpus Great bladdery milkvetch Astragalus wingatanus Milk vetch Chenopodium capitatum Strawberry blight Conyza canadensis Canadian horseweed Cryptantha gracilis Crypthantha Descurainia incisa Tansy mustard Erodium cicutarium Eriogonum lonchophyllum Eriogonum ovalifolium Gutierreaiz sarothae Helianthus annuus Kochia scoparia Lepidium latifolium Machaeranthera bigelovii Machaeranthera grindelioides Penstemon osterhoutii Cranesbill Spearleaf buckwheat Cushion buckwheat Snakeweed Common sunflower Kochia Perennial pepperweed Tansy aster Rayless tansy aster Osterhout's beard tongue Beattie Wildlife Consulting, Inc. November, 2003 Grasses Penstomen sfrictus Phacelia crenulata Physaria floribunda Salsola collina Sisymbrium altissimum Rocky Mountain penstemon Notchleaf phacelia Double bladder -pod Russian thistle Jim hill mustard Sphaerophysa salsula Swainsonpea Stenotus armerioides Thrift mock goldenweed Tragopogon dubius Yellow salsify Forbs (continued) SCIENTIFIC NAME COMMON NAME Vegetation Report for the Proposed Mamm Creek Commons Page 44 Table 6. Vegetation inventory of the proposed Mamm Creek Commons (continued). Stipa hymenoides Indian ricegrass Poa secunda Sandberg bluegrass Bromus tectorum Cheatgrass Leymus saline Salina wild -rye Kochia scoparia Kochia Phalaris arundinacea Reed canary grass Pseudoroegneria spicata Bluebunch wheatgrass Elymus elymoides Aristide purpurea Koeleria macrantha Bottlebrush squirreltail Red three -awn grass 1 Junegrass Hilaria jamesii _ Galleta grass Agropyron cristafum Crested wheatgrass Agropyron intermedium Intermediate wheatgrass Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1A 1 1 1 1 1 1 100 1 Vegetation Report for the Proposed Mamrn Creek Commons Page F1 Figure 1. Vicinity map showing location of the proposed Mamm Creek Commons. Beattie Wildlife Consulting, Inc. November, 2003 Vegetation Report for the Proposed Mamm Creek Commons Pa e F2 Figure 2. Aerial photograph of the proposed Mamm Creek Commons. Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 M 1 1 1 1 1 1 1 Vegetation Report for the Proposed Mamm Creek Commons Page F3 Fig. 3. Land cover types at the proposed Mamm Creek Commons. Flat to gently sloping with sagebrush, scattered juniper, cheatgrass, snakeweed, rabbitbrush, greasewood. [_--_--_�_�_�----_�-_ Moderate to steep rock hillsides with scattered juniper, cheatgrass, greasewood, and green ephedra. Flat to moderately sloping mesa with juniper, cheatgrass, alyssum, Indian ricegrass, winterfat. Flat to gently sloping with sagebrush, greasewood, cheatgrass, and yellow alyssum. Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 1 1 11° BEATTIE WILDLIFE CONSULTING, INC, Kirk H. Beattie, Ph.D. 1546 E. 12th Street Rifle, CO 81650 e-maiLbeattie4@mindspring.com Office: 970-625-0598 Fax: 970-625-0600 Cellular: 970-379-1451 WILDLIFE REPORT FOR THE PROPOSED MAMM CREEK COMMONS Prepared for Mamm Creek Commons 45705 Highway 6 & 24 Glenwood Springs, CO 81601 Prepared by Kirk H. Beattie, Ph.D. Beattie Wildlife Consulting, Inc. 1546 E. 12th Street Rifle, CO 81650 ovember 2003 1 Wildlife Report for the Proposed Mamm Creek Commons Page 1 TABLE OF CONTENTS Pag 1 INTRODUCTION 1 DESCRIPTION OF AREA 1 3 DESCRIPTION OF DEVELOPMENT 4 WILDLIFE FIELD SURVEY I 5 METHODOLOGY FOR WILDLIFE INVENTORY, ANALYSIS AND I EVALUATION 5 WILDLIFE INFORMATION FROM NDIS/GAP 1 7 Amphibians I9 Reptiles 11 Mammals ID19 Birds I 23 THREATENED AND ENDANGERED SPECIES 23 DOGS AND PET CONTROL 1 25 FENCES 1 25 GARBAGE, TRASH, AND COMPOST CONTAINERS 26 ADDITIONAL RESTRICTIONS/REQUIREMENTS 26 Indemnification 1 26 Disposal of Animal Carcasses 26 Skunk and Raccoon Denning Areas I27 Enforcement of Provisions by HOA 29 SUMMARY OF WILDLIFE IMPACTS 1 Beattie Wildlife Consulting, Inc. November, 2003 hI 1 1 1 1 1 1 M 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page ii TABLE OF CONTENTS (continued) Pare 32 LITERATURE CITED 33 TABLES FI FIGURES Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page iii LIST OF TABLES Page 33 Table 1. Species of amphibians for which existing or potential suitable habitat exists in Garfield County as reported by the Natural Diversity Information Source. The status of individual species is also provided. 34 Table 2. Species of reptiles for which existing or potential suitable habitat exists in Garfield County as reported by the Natural Diversity Information Source. The status of individual species is also provided. 36 Table 3. Species of mammals for which existing or potential suitable habitat exists in Garfield County as reported by the Natural Diversity Information Source. The status of individual species is also provided. 41 Table 4. Species of birds for which existing or potential suitable habitat exists in Garfield County as reported by the Natural Diversity Information Source. The status of individual species is also provided. 54 Table 5. Colorado listing of endangered, threatened and wildlife species of special concern. 57 Table 6. Federal threatened and endangered species reported for Colorado. Beattie Wildlife Consulting, Inc. November, 2003 1• 1 1 1 1 1 F7 Historical distribution of the Great Basin spadefoot in Colorado Wildlife Report for the Proposed Mammo Creek Commons Page iv LIST OF FIGURES Page F1 Vicinity map showing location of the proposed Mamm Creek Commons. F2 Aerial photograph of the proposed Mamm Creek Commons. F3 Gap Analysis Project modeled habitat for the boreal toad in Colorado. F4 Approximate range of the boreal toad in Colorado. Source: redrawn map obtained from Terry Ireland, Division of Ecological Services, U.S. Fish and Wildlife Service, Grand Junction, Colorado. F5 Gap Analysis Project modeled habitat for the northern leopard frog in Colorado. F6 Historical distribution of the northern leopard frog in Colorado (Hammerson 1986:40). Black circles represent known occurrences of the Northern leopard frog. (Hammerson 1986:23). Black circles represent known occurrences of the 111/ Great Basin spadefoot. F8 Gap Analysis Project modeled habitat for the Iongnose leopard lizard in Colorado. 1 1 1 1 1 1 1 F9 Historical distribution of the Iongnose leopard lizard in Colorado (Hammerson 1986:62). Black circles represent known occurrences of the Iongnose leopard lizard. F10 Gap Analysis Project modeled habitat for the midget -faded rattlesnake in Colorado. F11 Gap Analysis Project modeled habitat for the southwestern blackheaded snake in Colorado. F12 Historical distribution of the southwestern blackheaded snake in Colorado (Hammerson 1986:104), Black circles represent known occurrences of the southwestern blackheaded snake. F13 Distribution of the big free -tailed bat in Colorado. Solid circles represent records of occurrence. Source: Fitzgerald et al. (1994:128). Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page v LIST OF FIGURES {continued) Page F14 Historic distribution of the black -footed ferret in Colorado. Source: Fitzgerald et al. (1994:344). F15 Gap Analysis Project modeled habitat for the black -footed ferret in Colorado. F16 Distribution of Botta's pocket gopher in Colorado. Source: Fitzgerald et al. (1994:203). F17 Distribution of the Brazilian free -tailed bat in Colorado. Source: 1 Fitzgerald et al. (1994:127). F18 Gap Analysis Project modeled habitat for the coyote in. Colorado. F19 Distribution of the coyote in Colorado. Source: Fitzgerald et al. (1994:305). F20 Distribution of the desert shrew in Colorado. Source: Fitzgerald et al. (1994:89). F21 Distribution of the dwarf shrew in Colorado. Source: Fitzgerald et al. 1 (1994:81). F22 NDIS mapped elk winter range on the proposed Mamm Creek Commons. 1 F23 NDIS mapped severe elk winter range on the proposed Mamm Creek Commons. 1 F24 NDIS mapped mule deer winter concentration area on the proposed Mamm Creek Commons. 1 F25 NDIS mapped severe mule deer winter range on the proposed Mamm Creek Commons. 1 F26 Gap Analysis Project modeled habitat for the gray fox in Colorado. 1 F27 Distribution of the gray fox in Colorado. Source: Fitzgerald et al. (1994:316). F28 Gap Analysis Project modeled habitat for the kit fox in Colorado. F29 Distribution of the kit fox in Colorado. Source: Fitzgerald et al. (1994:309). 1 Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page vi LIST OF FIGURES (continued) Paste F30 Colorado Division of Wildlife lynx potential habitat map. Source: www.ndis.nrel.colostate.edu/excop/images/maps/lynx.jpg. F31 Historical distribution of the lynx in Colorado (Fitzgerald et al. 1994:370). F32 Distribution of the meadow vole in Colorado. Source: Fitzgerald et al. (1994:284). F33 Gap Analysis Project modeled habitat for the mountain cottontail in Colorado. F34 Distribution of the mountain cottontail in Colorado. Source: Fitzgerald et al. (1974:145) F35 Distribution of the mountain lion in Colorado. Source: Fitzgerald et al. (1974:368). F36 Distribution of the northern river otter in Colorado. Open circles represent historic records of occurrence. Solid circles represent restored 111 populations. Source: Fitzgerald et al. (1994:363). 1 1 1 1 1 1 1 F37 Distribution of the Ord's kangaroo rat in Colorado. Source: Fitzgerald et aL (1994:224). F38 Gap Analysis Project modeled habitat for the red fox in Colorado. F39 Distribution of the red fox in Colorado. Source: Fitzgerald et al. (1994:314). F40 Gap Analysis Project modeled habitat for the snowshoe hare in Colorado. F41 Distribution of the snowshoe hare in Colorado. Source: Fitzgerald et al. (1994:148). F42 Distribution of the spotted bat in Colorado. Source: Fitzgerald et al. (1994:127). F43 Gap Analysis Project modeled habitat for the swift fox in Colorado. F44 Distribution of the swift fox in Colorado. Source: Fitzgerald et al. (1994:331). F45 Distribution of Townsend's big -eared bat in Colorado. Source: Fitzgerald et al. (1994:123). Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page vii LIST OF FIGURES (continued) Page F46 Distribution of the white-tailed antelope squirrel in Colorado. Source: Fitzgerald et al. (1994:170). F47 Distribution of the Yuma myotis in Colorado. Source: Fitzgerald et al. (1994:109). F48 Bald eagle winter and summer range in Colorado (Andrews and Righter 1992:68). F49 Gap Analysis Project modeled habitat for the bald eagle in Colorado. ' F50 Gap Analysis Project modeled habitat for the blue grouse in Colorado. 1 F51 Distribution of the blue grouse in Colorado. Source: Andrews and Righter (1992:348). 1 F52 Gap Analysis Project modeled habitat for the chukar in Colorado. F53 Distribution of the chukar in Colorado. Source: Andrews and Righter • (1992:87). F54 Gap Analysis Project modeled habitat for the Columbian sharp -tailed grouse 1 in Colorado. F55 Historical and current distribution of the sharp -tailed grouse in Colorado. 1 Source: Andrews and Righter (1992:93). F56 Gap Analysis Project modeled habitat for the ferruginous hawk in Colorado. F57 Migration, winter,and summer range of the ferruginous hawk in Colorado g9 g (Andrews and Righter 1992:79). 1 F58 Distribution of the Tong -billed curlew during summer and migration in ' Colorado (Andrews and Righter 1992:122). F59 Gap Analysis Project modeled habitat for the Mexican spotted owl in 1 Colorado. F60 Records of occurrence of the Mexican spotted owl in Colorado. Source: Andrews and Righter (1992:178). 1 Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page viii LIST OF FIGURES (continued), Page F61 Gap Analysis Project modeled habitat for the ring-necked pheasant in Colorado. F62 Distribution of the ring-necked pheasant in Colorado. Source: Andrews and Righter 1992:88). F63 Migration, winter, and summer range of the sandhill crane in Colorado (Andrews and Righter 1992:104). F64 Approximate range of the southwestern willow flycatcher in Colorado. Source: redrawn map obtained from Terry Ireland, Division of Ecological Services, U.S. Fish and Wildlife Service, Grand Junction, Colorado. F65 Gap Analysis Project modeled habitat for the western burrowing owl in Colorado. F66 Summer and winter range of the western burrowing owl in Colorado (Andrews and Righter 1992:177). F67 Areas of fairly common migrational sightings of whooping cranes in Colorado. Source: redrawn map obtained from Terry Ireland, Division of Ecological Services, U.S. Fish and Wildlife Service, Grand Junction, Colorado. F68 Gap Analysis Project modeled habitat for the wild turkey in Colorado. F69 Distribution of the wild turkey in Colorado. Source: Andrews and Righter 1992:64). Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page 1 INTRODUCTION Jimmie Sills of Glenwood Springs has proposed development of the Mamm Creek Commons, a rural subdivision in Garfield County. The development would occur approximately 1.0-1.5 miles south-southwest of the Garfield County Airport in Sections 23 and 26, Township 6 South, Range 93 West, NMPM, Garfield County, Colorado (Fig. 1). Mamm Creek Commons is proposed to have 24 single family lots on 47.2 acres. Mr. Silas requested that Beattie Wildlife Consulting prepare a pre -development wildlife report for the proposed subdivision. DESCRIPTION OF AREA The proposed subdivision is 1.0 — 1.5 miles south-southwest of the Garfield County Airport. A preconstruction aerial photograph of the development is shown in Fig_ 2. Approximately 35 acres located in the southeastern and south-central portions of the development have been sold to Dalbo Inc., a gas and oil field water service company. This acreage will not be considered in this report. County Road (CR) 319 travels north -south through the property (Figs. 1, 2). Dry Creek drainage flows from south to north and ranges from 20-35 feet deep. This incised channel carries water intermittently following up -channel irrigation, rainfall, and snowmelt. The channel bottom and lower sides contain greasewood, yellow alyssum, Utah juniper, rabbitbrush, cheatgrass and snakeweed. Plain's cottonwood trees occur sporadically in Dry Creek and range from 15 to 30 feet in height. The proposed subdivision ranges from gently sloping to steep with elevations of 5700 to 5900 feet. The primary access road to Grass Mesa begins off County Road KZaafit ia WNrllifo f nnc�ilfiinrr Inr Alnvamhar 9flfl 1.• 1 1 1 1 1 M 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page 2 319 in the northern part of the proposed development and travels west through the property (Fig. 2). Three land cover types occur on the proposed development. Utah juniper woodlands occur east and west of CR 319 and are shown as dark shading in Fig. 2. These forests contain only Utah juniper in the canopy and have a canopy closure of 50+%. The juniper woodlands occur on gentle to moderate slopes. With the exception of an occasional small pinyon pine, Utah juniper, greasewood, saltbush and big sagebrush plant, this land cover type Tacks a shrub layer. Roughly one-half of the juniper woodlands consist of bare ground, including small lichen -covered rocks and boulders. There is very little vegetation biomass in the herbaceous ground layer (0'-3' tall). Dominant species on the woodland floor include winterfat, yellow alyssum, Indian ricegrass, saltbush, and cheatgrass. Green ephedra, prickly pear, golden aster, mutton grass, rabbitbrush, and yucca occur infrequently in the ground layer. The second land cover type consists of moderate to steep hillsides and rocky outcrops. These areas are located in the extreme northwestern portion of the property, east of the juniper woodland lying west of CR 319, and adjacent to three juniper woodlands Ionated east of CR 319 (Fig. 2). A majority of the ground on these hillsides does not contain vegetation. Utah juniper trees and shrubs (green ephedra, sagebrush, greasewood, saltbush) are scattered along the hillsides. They do not dominate the hillsides and occur infrequently. The third land cover type consists of flat to gently sloping areas north of Grass Mesa Road and east and west of CR 319. Dry Creek runs south to north through this R Wilrllifn inncesitinrr Int^ hintrnmher ?f)fQ Wildlife Report for the Proposed Marnm Creek Commons Page 3 land cover type. These areas contain little vegetation diversity. Dominant species include big sagebrush, cheatgrass, greasewood, yellow alyssum, and saftbush. There is generally 75% ground cover in these lower areas. Virtually all of the sagebrush plants have been heavily browsed by livestock, mule deer, and elk. DESCRIPTION OF DEVELOPMENT Mamm Creek Commons is proposing 24 single family Tots on 47.24 acres. Future development may result in additional lots. The development proposes to meet the standards of the Garfield County Cluster Housing initiative. Building envelopes would be restricted to 15,000 ft2 areas on each lot and the building footprint would be restricted to a 5,000 ft2 area on each lot. Landscaping, fencing, land clearing, or other types of land disturbance would not be permitted on one -huff acre of 1 -acre lots. Approximately 5 acres located to the east of and adjacent to CR 319 presently have Encana natural gas wells (4 wells on 2 pads). The eastern well pad has been reclaimed and the western well pad has been prepared for reclamation. Raaifie Wirnlliff rnnErrliiner lits OWrll/Pmhar 9rui• 1 ii" 1 1 1 1 1 11 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Pape 4 WILDLIFE FIELD SURVEY I conducted a field survey of the proposed subdivision on November 8 and 9, 2003. The survey consisted of extensive and intensive coverage of the proposed development for the purpose of inventorying wildlife species, searching for wildlife sign (e.g. burrows, dens, nests, browsing, pellets, tracks), recording vegetation, and evaluating habitat quality for wildlife. Wildlife I observed included mule deer, least chipmunk, cottontail rabbit, black -billed magpie, American crow, coyote, thirteen -lined ground squirrel, American kestrel, common nighthawk, red-tailed hawk, and black - capped chickadee. On November 9, I observed 35 mule deer feeding near sunset in a field located in the northeastern corner of the proposed development. Mule deer, both seasonally and year-round, bed down on the juniper hillsides and mesas during the day and feed in nearby fields during early moming, early evening, and nighttime hours. Wildlife sign included numerous mule deer tracks and pellet groups, numerous elk pellet groups, evidence of browsing by deer and rabbits, rabbit pellets, and several burrows. I also recorded porcupine pellets, owl pellets (i.e. undigested regurgitated prey), raccoon tracks, skunk tracks, coyote tracks and scat, and mountain cottontail pellets and forms. The property, particularly the cedar hillsides and mesas east and west of CR 319, has obviously been used as winter range by mule deer and elk. Rntjffin Wilrllifn (_nno,,ltinn /nr Nnvnmhor 911111 1 1 1 1 1 1 1 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page 5 Although little palatable forage for deer and elk occurs on the property, these species have used the woodlands as escape, thermal, and security cover during the winter. METHODOLOGY FOR WILDLIFE INVENTORY, ANALYSIS, AND EVALUATION The methodology for wildlife inventory, analysis, and evaluation on the proposed Mamm Creek Commons included the following activities: 1. Wildlife field survey (direct wildlife sightings and determination of current and past occupancy of the area from indirect evidence [pellets, tracks, beds, browsing, nests, burrows, etc.]). 2. Review of occurrence data for wildlife species in Garfield County (NDIS). 3. Review of available NDIS activity maps. 4. Review of GAP modeled habitat for individual wildlife species. 5. Review of species distribution maps for amphibians and reptiles (Hammerson 1984), mammals (Fitzgerald et al. 1994), and birds (Andrews and Righter 1992). 6. Review of the status of Colorado threatened wildlife, endangered wildlife, and wildlife of special state concern; review of the status of federally designated threatened, endangered, and candidate wildlife species. 7. Evaluation of the likely project impact based on personal knowledge of wildlife species distribution, habits, and habitat in Garfield County. WILDLIFE INFORMATION FROM NDIS/GAP Databases accessed for preparation of this report included the Natural Diversity Information Source (NDIS) and the Colorado Gap Analysis project (GAP) Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page 6 [www.ndis.nrel.colostate.edu]. NDIS and GAP are a collaborative effort of the Colorado Division of Wildlife, the Colorado Department of Natural Resources, the Colorado Natural Heritage Program, and Colorado State University. NDIS provides maps of activity areas of selected wildlife species, maps of element occurrences (e.g. species, subspecies, populations, natural communities), maps of conservation sites, and maps of suitable habitat. GAP has predicted individual statewide distributions for 597 vertebrate species using habitat associations linked to vegetation land cover, constrained by data on elevation ranges and confinements to the east or west side of the Continental Divide from know occurrences of individual species in Colorado. Essentially, GAP models suitable habitat for a species in Colorado and predicts species range based on habitats and subject to review by experts. It is important to note that although suitable habitat may exist for a species in a particular area, this habitat may not be occupied by the species. 1 selected a user -defined area slightly larger than the proposed subdivision and had NDIS generate maps of activity areas for selected wildlife species. NDIS maps are available for only a fraction of the almost 800 vertebrate species and subspecies in Colorado. Universal Transverse Mercator (UTM) coordinates selected to define the search area were N 4376524 E 264238, N 4376524 E 265024, N 4375762 E 264238, N 4375762 E 265024. Tables 1-4 list species of amphibians, reptiles, mammals, and birds, respectively, that are known or likely to occur in Garfield County. Many of the Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page 7 species listed in Tables 1-4 have specific habitat affinities and will not occur on or near the proposed Mamm Creek Commons. Amphibians NDIS identified known or likely occurrence in Garfield County of the following species of amphibians: boreal toad, bullfrog, Great Basin spadefoot (Fig. 7), northern Leopard frog (Fig. 5), red -spotted toad (Table 1), tiger salamander, western chorus frog, and Woodhouse's toad (Table 1). I did not see or hear any amphibians in or near drainages on the proposed subdivision. The Great Basin spadefoot is a state species of special concern. It inhabits pinyon -juniper woodlands, sagebrush, and semi -desert shrublands in Colorado. It is usually found in or near rocky slopes or canyons (Hammerson 1986:23). There is a slight potential for the Great Basin spadefoot to occur in the rocky hillsides located to the east and west of County Road 319. Because of the paucity on the proposed subdivision of typical habitat elements for the Great Basin spadefoot, it probably does not occur in the area. Hammerson (1986:23) reported occurrences of the Great Basin spadefoot west of Rifle (Fig. 7). Development of the Mamm Creek Commons will likely have no impact on the Great Basin spadefoot. The New Mexico spadefoot is a Colorado species of special concern, It inhabits plains grassland in southeastern Colorado and occurs in sagebrush and semi -desert shrublands in basins and floodplains of streams in southwestern Colorado. Hammerson (1986:24) reported that this species does not occur in Garfield County and the NDIS Species Occurrence Guide(ndis.nrel,colostate.edulndislcountyab Beattie Wildlife Consulting, inc. November, 2003 1 1 1 1 1 1M 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page 8 /species/namelgov .oc_ab.html) reports that the New Mexico spadefoot is not likely to occur in Garfield County. The absence on the proposed subdivision of typical habitat elements for this species, coupled with the finding that the species is not likely to occur in Garfield County, suggests that development of the Mamm Creek Commons will not impact the New Mexico spadefoot. The red -spotted toad is not considered endangered, threatened, or a Colorado species of special concern. The red -spotted toad is usually associated with rocky canyons in Colorado, but in some places it occurs along streams and in canyon bottoms that are devoid of Targe rocks (Hammerson 1986:30). Although NUS indicates that the red -spotted toad is likely to occur in Garfield County, Hammerson (1986:30) reported that the presence of the species in Garfield County has not been documented. It is very unlikely that development of the Mamm Creek Commons would impact the red -spotted toad. The boreal toad is a high elevation (8,000 feet - 12,900 feet) toad that lives in suitable habitat in lodgepole pine, spruce -fir forests and alpine meadow areas. It is classified as a Colorado endangered species. The boreal toad has been found in shallow water or among sedges and shrubby willows where the soil is damp or wet. Boreal toads began declining about 20 years ago and are federally listed as "Warranted but Precluded" under the Endangered Species Act. Surveys indicate as much as 85% of Colorado's population has disappeared. The toads' decline is believed to be due to a fungus called Batrachochytrium dentrobatis, or frog chytrid, that attacks the skin of amphibians. The proposed development site does not contain the high -elevation Beattie Wildlife Consulting, inc. November, 2003 1 1 1 1 1 1 1 M 1 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page 9 habitat features required by the boreal toad and is below the lower elevational limits at which the boreal toad is found (Fig. 4). GAP modeled habitat for the boreal toad does not include the vicinity of the proposed development (Fig. 3) Hammerson (1986:26) reported that this species does not occur on or near the proposed subdivision. Development of Mamm Creek Commons will not affect the boreal toad or its habitat. There are no known occurrence of the northern leopard frog in the vicinity of the proposed development (Fig. 6), although GAP modeled habitat for the amphibian in the area of the development (Fig. 5). The northern leopard frog is classified as a state species of special concern. The frog occurs in Garfield County and is considered fairly common. The northern leopard frog typically inhabits the banks and shallow portions of marshes, ponds, lakes, reservoirs, beaver ponds, streams and other bodies of permanent water, especially those having rooted aquatic vegetation. Dry Creek occurs on the site of the proposed development but carries water only intermittently in response to up -channel irrigation, rainfall, and snowmelt. Because of the lack of essential habitat elements on the proposed development, Mamm Creek Commons should have no direct impact on the northern leopard frog. Reptiles NDIS identified the known or likely occurrence in Garfield County of 23 species of reptiles (Table 2). The longnose leopard lizard, midget -faded rattlesnake, and the southwestern blackheaded snake are considered to state species of special concern and are also classified by the Colorado Natural Heritage Survey (CNHS) as imperiled or rare (Table 2). The night snake, plateau striped whiptail, and rat snake are classified by Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 w 1 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page 10 the CNHS as imperiled or rare (Table 2). 1 did not observe any reptiles during my wildlife field survey. The short -horned lizard and racer are considered uncommon in Garfield County. The milk snake and night snake are classified as rare, and the eastern fence lizard is considered common. Although suitable habitat for the eastern fence lizard occurs on the proposed subdivision, it is unlikely that the eastern fence lizard will be impacted by development of the Mamm Creek Commons. The midget -faded rattlesnake is a state species of special concern. GAP modeled habitat for the snake on the proposed development (Fig. 10). The snake is one of two subspecies of rattlesnakes in Colorado (the other subspecies is the prairie rattlesnake). Rattlesnakes occur in virtually every terrestrial habitat within a broad geographic and elevational range in Colorado. Typical habitats include plains grasslands, sandhills, mountain and semidesert shrublands, sagebrush, riparian vegetation, pinyon juniper woodlands, and open coniferous forests. The midget -faded rattlesnake has been observed in rocky outcroppings north of 1-70 between Rifle and Parachute. Although Mamrn Creek Commons contains habitat suitable for the midget - faded rattlesnake, in my opinion the species does not inhabit the area and thus will not be affected by development. NDIS identified suitable habitat for the longnose leopard lizard in Garfield County. The longnose leopard lizard is classified as a state species of special concern. It inhabits flat or gently sloping shrublands with a large percentage of open ground. The lizard inhabits stands of greasewood and sagebrush on deep sandy soils and broad Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page 11 outwash plains in or near the mouths of canyons. It has been reported for west -central Colorado and extreme southwestern Colorado at elevations below 5,200 feet. GAP did not model habitat for the lizard in Garfield County (Fig. 8) and the historical range of the longnose leopard lizard does not contain the area of the proposed development (Fig. 9). NDIS reported the known or likely occurrence of the southwestern blackheaded snake in Garfield County (Table 2). This reptile is a state species of special concern. It is known to occur along the edge of the Grand Valley in west -central Colorado but has not been reported for the area encompassing the proposed subdivision (Hammerson 1986:104). It has been previously found in the mouths of large canyons in areas dominated by sandy, rock -laden soils and dryland shrubs (e.g. sagebrush, greasewood, saltbush). Although Mamm Creek Commons contains some dryland habitat suitable for the southwestern blackheaded snake, in my opinion the species does not inhabit the area and thus will not be affected by development. GAP did not model habitat for the snake near the proposed development (Fig. 11) and there are no historical records of the southwestern blackheaded snake near the development (Fig. 12). Mammals NDIS identified the known or likely occurrence in Garfield County of 80 species of mammals (Table 3). The big free -tailed bat, Botta's pocket gopher, kit fox, lynx, and Preble's shrew are classified by the CNHS as critically imperiled in Colorado. The dwarf shrew, golden - mantled ground squirrel, least chipmunk, northern pocket gopher, spotted bat, Townsend's big -eared bat, western harvest mouse, and white-tailed antelope squirrel Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 M 1 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page 12 are classified by the CNHS as imperiled in Colorado. The Brazilian free -tailed bat, desert shrew, fringed myotis, Ord's kangaroo rat, pinyon mouse, thirteen -lined ground squirrel, and Yuma myotis are classified by the CNHS as rare in Colorado. State species of special concern identified by NDIS include the spotted skunk, Townsend's big -eared bat, western harvest mouse, white-tailed antelope squirrel, and Yuma myotis. Black bears are rarely sighted in the area. The proposed Mamm Creek Commons was mapped by NDiS as overall black bear range but was not considered to be a bear summer concentration area, a fall concentration area, a migration corridor, or a human conflict area. Very dry conditions in past summers and late spring frosts in western Colorado have resulted in reduced berry and acorn crops. As a result, black bears seek food in and near Colorado River towns and cities. There is a very slight potential for conflict between bears and humans on the proposed subdivision. Later in this report I will identify measures to reduce potential problems between subdivision residents and bears. GAP modeled habitat for the mountain lion in the area of the proposed development (Fig. 35). However, mountain lion sightings in the area are virtually non- existent. Mountain lions tend to be found in habitat similar to that found on the proposed development but almost always occur in more remote habitats. NDIS did not map the proposed development as a mountain lion -human conflict area. NDIS identified habitat for Botta's pocket gopher and the northern pocket gopher in Garfield County (Table 3). i did not observe these species or see evidence of their presence on the proposed subdivision (e.g. complex burrow systems, conspicuous Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 M 1 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page 13 earthen ridges). According to Fitzgerald et al. (1994:203), Botta's pocket gopher does not occur in Garfield County (Fig. 16). The range of the northern pocket gopher includes the proposed subdivision (Fitzgerald et al. 1994:206). Botta's pocket gopher and the northern pocket gopher are not classified as endangered, threatened, or Colorado species of special concern. It is not likely that the dwarf shrew occurs on the site (Fig. 21). The dwarf shrew, Colorado's smallest -bodied mammal, is typically found at elevations above 5,500 feet. It is possible that masked and Merriam's shrews occur in the area. It is unlikely that the desert shrew occurs on the site of the proposed subdivision (Fig. 20). None of the aforementioned shrews are considered endangered, threatened, or state species of special concern. Shrews have very small home ranges, frequently less than one acre in size. Sufficient habitat will exist outside of building envelopes for shrews that will be displaced by development. NDIS identified habitat for the least chipmunk in Garfield County. Suitable habitat occurs on the proposed subdivision for the least chipmunk. Least chipmunks excavate burrows beneath tree roots, fallen logs, or rocks and bushes, and also use these areas for feeding platforms and observation posts. These habitat features are present on the proposed Mamm Creek Commons, particularly on the hillsides and juniper mesas. The least chipmunk is riot considered endangered, threatened, or of state special concern. It adapts well to humans and should continue to live on both developed and undeveloped parts of the subdivision. Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 M 1 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page 14 NDIS identified habitat in Garfield Country for the following species of bats: big free -tailed bat, Brazilian free -tailed bat, California myotis, fringed myotis, hoary bat, little brown myotis, long-eared myotis, long-legged myotis, pallid bat, silver -haired bat, spotted bat, Townsend's big -eared bat, western small -footed myotis, and Yuma myotis (Table 3). The spotted bat is restricted to extreme northwestern Colorado (Fig. 42), the Yuma myotis occurs west of the proposed subdivision (Fig. 47), and Townsend's big - eared bat occupies the western one-half of Colorado (Fig. 45). Habitat for the Brazilian free -tailed bat occurs north and south of the Colorado River in Garfield County (Fig. 17) and west of Glenwood Springs. The big free -tailed bat has not been reported for Garfield County (Fig. 13, Fitzgerald et al. 1994:129). Only five scattered records exist from Mesa, Otero, El Paso, Gunnison, and Weld counties. Habitat for the fringed myotis occurs north and south of the Colorado River to the west of Glenwood Springs (Fitzgerald et al. 1994:104). Bats use caves, mines, buildings, woodpiles, rockpiles, and trees for day and night roosting sites. Rockpiles and trees occur on the proposed subdivision. Bats which may use the proposed subdivision for roosting and security cover, and for hunting habitat, include Townsend's big -eared bat, little brown bat, and big brown bat. Because the development will not directly affect rockpiles, and will have only a small to moderate reduction in juniper trees, Mamm Creek Commons will not have a noticeable impact on bats. Endangered/threatened mammals for which NDIS identified suitable habitat in Garfield County are the northern river otter, kit fox, and lynx. The northern river otter Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 M 1 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page 15 does not occur on the property. Garfield County does not have historic records of occurrence of river otters (Fig. 36) and Fitzgerald et al. (1994:363) report that river otter populations have not been restored in Garfield County. On September 11, 2003, the Colorado Wildlife Commission downlisted the river otter from endangered to threatened on the state's protected list. River otters are native to Colorado and were last recorded in the state in the early 1900s. In 1976, DOW biologists began releasing river otters into the wild and released them at more than 100 stream locations. Over the past two years populations of river otters have been found on the Green, Gunnison, Piedra and Colorado Rivers. The kit fox, a Colorado endangered species, can be found in extreme southwestern Garfield County along the Utah border but does not occur in the area encompassing the proposed Mamm Creek Commons (Fig. 29). GAP modeled habitat for the kit fox in the vicinity of the proposed development. The kit fox occurs at elevations of 4,500 — 6,000 feet, primarily in xeric shrubland habitats. The Canada lynx is a federally threatened and Colorado endangered species. Colorado is on the southern edge of historic lynx range, and before reintroduction in 1999, there had been no confirmed sightings in the state since 1973. Forty-one lynx were released near Pagosa Preserve in February 1999 and additional releases have been made in subsequent years. This past summer the CDOW found 6 dens and a total of 16 kittens in the core research area in southwestern Colorado. Seventeen females and 16 males were released in April 2003 in southwestern Colorado. The Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page 16 CDOW plans to release 50 more Lynx in each of 2004 and 2005 and up to 15 lynx in 2006-2008. In the southern Rocky Mountains, lynx are found predominantly above 7,800 feet. Vegetation affinities include aspen, spruce fir, spruce -fir clearcuts, Douglas fir, blue spruce, lodgepole pine clearcuts, limber pine, white fir, bristlecone pine, mixed conifer, mixed forest, and shrub tundra. The proposed Mamm Creek Commons is below the elevation at which lynx occur in Colorado and does not contain the vegetation types associated with lynx habitat. In addition, the proposed Mamm Creek Commons lies outside of potential lynx habitat identified by the CDOW (Fig. 30). The Canada lynx does not historically occur in the area of the proposed development. Mamm Creek Commons will have no direct impact on lynx or lynx habitat. It is likely that the house mouse and deer mouse occur on the proposed subdivision. They are not considered threatened, endangered, or of special state concern. Like shrews, the house mouse and deer mouse have small home ranges and displaced individuals will relocate to undeveloped portions of the subdivision. NDIS identified suitable habitat for the western harvest mouse and white-tailed antelope squirrel in Garfield County. Both are Colorado species of special concern. Historical range of the western harvest mouse and white-tailed antelope squirrel is southwest of the proposed development (Fig. 46). 1 did not observe either species during my wildlife field survey. In my opinion, development of Mamm Creek Commons is unlikely to have a significant impact on the western harvest mouse or the white-tailed antelope squirrel. Beattie Wildlife Consulting, Inc. November, 2003 1 ife 1 1 1 1 1 1 1 1 1 1 1 1 14, 1 Wildlife Report for the Proposed Mamm Creek Commons Page 17 The proposed subdivision is classified as overall mule deer range, summer range, winter range, severe winter range (Fig. 25), and a winter concentration area (Fig. 24). The area is not mapped as a migration corridor, resident population area, or major mule deer highway crossing area. Some mule deer use the property year-round while other mule deer use the property during the winter and early spring. Heaviest use of the property is during the winter. I observed 35 mule deer feeding in a field located in the northeastern portion of the proposed development on November 9, 2003. Deer typically rest on the juniper hillsides and mesas during the day and travel down to fields in the early evening. Mule deer currently use various portions of the property for feeding, resting, travel, and security. Mule deer will continue to use parts of the subdivision as a feeding area during periods of darkness. Juniper woodlands on the site of the proposed development produce very little ground layer forage and shrubs for mule deer. These woodlands are most valuable as protective and thermal cover. Mule deer on and near the proposed development are not limited by a shortage of juniper woodlands. The proposed subdivision is mapped by NDIS as overall elk range, as winter range, and as severe winter range. The area is riot mapped as a migration corridor, summer concentration area, or winter concentration area. 1 found evidence of prior use of the property by elk during my field survey (e.g. tracks, droppings). Elk generally do not inhabit the property unless heavy snows to the south have forced them down to lower elevations. Juniper woodlands on the site of the proposed development produce very little ground layer forage and shrubs for elk. These woodlands are most valuable Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page 18 as protective and thermal cover. Elk using the proposed development are not limited by a shortage of juniper woodlands. The swift fox is a state species of special concern. NDIS does not list the swift fox for Garfield County (Table 3), GAP maps only areas east of the Continental Divide for the swift fox (Fig, 43), and the swift fox historically did not occur in Garfield County (Fig. 44). The black -footed ferret is classified as a state and federal endangered species. Over the past several years, CDOW biologists released 58 ferrets near Dinosaur National Monument in northwest Colorado. The release area contains extensive prairie dog towns and is ideal ferret habitat. All of the black -footed ferrets released in Colorado are descendants of the original 7 ferrets discovered in Wyoming in the mid-1980s. Before the discovery, it was believed the animal had become extinct. NDIS did not identify habitat for the ferret in Garfield County. Although GAP mapped portions of Garfield County as suitable habitat for the black -footed ferret (Fig. 15), it does not occur and historically has not occurred in the area of the proposed development (Fig. 14). Common species of wildlife should continue to use portions of the proposed development following construction. These include coyotes (Figs. 18, 19), gray foxes (Figs. 26, 27), red foxes (Figs. 38, 39), and the mountain cottontail (Figs. 33, 34). In my opinion, Mamm Creek Commons will not have a significant impact on critical habitat for any mammal species. The most visible mammal that will be affected is the mule deer. As will be discussed later, this impact can be partially mitigated via fencing provisions, dog control, natural landscape retention, and vegetative plantings. Beattie Wildlife Consulting, Inc. November, 2003 1 16 1 1 1 1 1 1 11111 Wildlife Report for the Proposed Mamm Creek Commons Page 19 Birds NDIS identified the known or likely occurrence in Garfield County of 268 species of birds (Table 4). ! will primarily address species that are classified as federally or state threatened or endangered, or are considered state species of special concern. The bald eagle is a federal and state threatened species. GAP modeled habitat for the bald eagle on the site of the proposed development (Fig. 49). NDIS did not identify bald eagle winter range, a winter concentration area, a winter forage area, or active/inactive nests on the proposed subdivision. Bald eagles can commonly be seen flying over the Colorado and Roaring Fork Rivers and can be seen perched on tall cottonwood trees along the two rivers during the winter. The proposed subdivision does not contain a known bald eagle nesting area and is not considered bald eagle primary or secondary range (Fig. 48). Bald eagles will travel along the Colorado River between Glenwood Springs and Grand Junction during the winter months and will perch in trees located along the river. However, bald eagles do not visit the proposed Mamm Creek Commons and will not be affected by development. Barrow's goldeneye is a state species of special concern (Table 4). It is a rare winter resident and spring and fall migrant in western valleys. In some years it may be locally uncommon along the Colorado River and its tributaries. Barrow's goldeneye prefers reservoirs, rivers, and mountain ponds. Because Barrow's goldeneye would be confined to the Colorado River, its habitat will not be directly impacted by development. The ferruginous hawk, a state species of special concern, is common in winter in eastern Colorado but is rare or uncommon in other areas and seasons (Fig. 57). GAP Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 w 1 1 1i 1 Wildlife Report for the Proposed Mamm Creek Commons Page 20 modeled habitat for the ferruginous hawk in Garfield County (Fig. 56). It may occasionally be seen during migration. l did not observe the ferruginous hawk during my wildlife field survey. The NDIS Species Occurrence and Abundance Guide classifies the ferruginous hawk as very rare in Garfield County. The greater sandhill crane is a state species of special concern. The property is not classified as summer or winter range (Fig. 63). Migrating sandhill cranes may be seen along the Colorado River during the late fall and early winter. Because the proposed Mamm Creek Commons does not contain suitable habitat for sandhill cranes, the species will not be affected by development. NDIS identified suitable habitat for the federally and state threatened Mexican spotted owl in Garfield County (Table 4) and GAP has modeled habitat for the owl in Garfield County (Fig. 59). This species occupies two distinct habitat types in Colorado. The first consists of large, steep canyons with exposed cliffs and dense, old growth mixed coniferous forests. The second consists of canyons in pinyon -juniper areas with small and widely scattered patches of Douglas fir. Summer roosting sites are in a cool microclimate, generally with a closed canopy and/or on a north -facing slope. All known Colorado nesting sites consist of small scrapes in caves or crevices on steep cliff faces. There are no reported records of occurrence of the Mexican spotted owl in the vicinity of the proposed subdivision. Development of Mamm Creek Commons will not have a direct impact on the Mexican spotted owl. NDIS identified habitat in Garfield County for the Columbian sharp -tailed grouse and long -billed curlew, both species of state special concern. GAP mapped suitable Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page 21 habitat for the grouse on the property. The Columbian sharp -tailed grouse does not occur in the vicinity of the proposed development and historically has not occurred in the area (Fig. 55). The long -billed curlew is an uncommon to fairly common local summer resident in eastern Colorado and a rare spring and fall migrant in Garfield County (Fig. 58). Although extremely unlikely, migrating Tong -billed curlews may potentially use wet fields on the proposed development. The southwestern willow flycatcher (SWWF) is a federal and Colorado endangered species. The SWWF is a riparian obligate, nesting only in dense, mesic riparian habitats, particularly areas dominated by willows (Fig. 64). This habitat does not occur on the proposed subdivision. In my opinion, the proposed development is very unlikely to affect breeding SWWFs because it does not contain dense willows in or near a riparian area. NDIS identified suitable habitat for the state -threatened western burrowing owl in Garfield County (Table 4). The owl is called a "burrowing owl" because it nest and roosts in abandoned burrows dug by mammals, especially prairie dogs. Burrowing owls strongly prefer burrows in active black -tailed prairie dog towns. The burrowing owl is a winter visitor and summer resident in eastern Colorado and a summer resident in extreme southern Garfield County (Fig. 66). It does not occur in the vicinity of the proposed Mamm Creek Commons. The whooping crane is a federal and Colorado endangered species. It is an uncommon spring and fall migrant in the San Luis Valley and is a casual migrant on the eastern plains. The area encompassing the proposed Mamm Creek Commons lies Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page 22 outside of areas of fairly common migrational sightings in Colorado (Fig. 67). The property does not contain primary or transition habitat for whooping cranes and development will not impact whooping cranes. GAP modeled habitat for the ring-necked pheasant (Fig. 61), chukar partridge (Fig. 52), blue grouse (Fig. 50), and Merriam's wild turkey (Fig. 68) on and near the site of the proposed development. With the exception of the wild turkey, I would not expect these species to frequent the site of the proposed development at any time during the year. Wild populations of pheasants are restricted to the eastern plains of Colorado and agricultural areas in western Colorado (Fig. 62). Individuals and groups release game farm pheasants in various portions of Garfield County but the vast majority of these birds do not survive their first winter. Chukar partridge prefer steep, rocky, dry canyon slopes with cheatgrass where snow quickly melts. They are a rare to uncommon local resident in western Colorado valleys and occur primarily in west -central Colorado. 1 observed a flock of 17 chukars in the steep, burned area approximately 0.75 miles north of the Glenwood Springs public golf course on November 1, 2003. Blue grouse breed in open coniferous and aspen forests with a shrub understory and winter in Douglas -fir and lodgepole pine forests. They typically are residents of areas higher in elevation than Mamm Creek Commons (Fig. 51). Merriam's wild turkey can be found locally in Garfield County along the Colorado River near Silt, along Parachute Creek north of the American Soda plant, in the Beattie Wildlife Consulting, Inc. November, 2003 1 i 1 1 1 1 1 1 1 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page 23 mountain shrubland zone (Gambel's oak, serviceberry, chokecherry), and in scattered agricultural -woodland areas on Taughenbaugh Mesa southwest of Rifle. It is possible that Merriam's wild turkey could on rare occasions be observed traveling through portions of the proposed development. THREATENED AND ENDANGERED SPECIES Colorado endangered, threatened and wildlife species of special concern are listed in Table 5. Federal threatened and endangered species reported for Colorado are listed in Table 6. After reviewing available information and reports, and conducting a wildlife field survey, 1 do not believe there are any federal or Colorado threatened or endangered vertebrates, or Colorado species of special concern, that would be measurably impacted by the proposed subdivision. DOGS AND PET CONTROL Free -roaming dogs can have a substantial impact on deer. Free -roaming dogs include dogs normally around residences and occasionally wandering off and feral dogs (domesticated at one time but now semi -wild or wild). Free -roaming dogs can injure, disable and kill deer. Dog chases can also result in aborted young and a weakened physical condition in deer. It is necessary that dogs be controlled in the subdivision for the safety of residents and to curb harassment and killing of wildlife. recommend the following control measures for Mamm Creek Commons: A. No dwelling unit should house more than three dogs and offspring up to three months of age. I have previously seen recommendations for subdivisions in Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 M 1 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Pape 24 Garfield County that limit dogs to one per household. Dogs are an important part of life for many people and I think it is important to allow up to three dogs per household. Properly controlled or confined, dogs will not affect wildlife. B. At no time should dogs be allowed to run freely outside of a dog owner's lot. C. When outside a resident's lot on Mamm Creek Commons, dogs should be leashed (dogs being transported into and out of the subdivision by motor vehicle would obviously not be required to be leashed). D. When outside the residence on an owner's lot, dogs should be controlled by: 1. Confinement in an area bound by an aboveground fence; 2. Confinement in a kennel; 3. Confinement in an area bounded by an invisible electric fence attached to a dwelling unit; 4. A leash; or 5. Attachment by a tether to a fixed, immovable object. The tether length should not allow the dog to trespass on another owner's lot. E. Dogs should not be allowed to chase or molest wildlife or any domestic animals or persons, or destroy or disturb property of another. F. Dogs should not be allowed to bark continuously, which shall be defined as barking for a 15 -minute period, including successive barks or a series of barks which repeat or resume following a brief or temporary cessation. G. All dogs should be licensed as required by law. H. No dog should threaten public safety. Beattie Wildlife Consulting, Inc. November, 2003 1 I I • 1 1 1 1 1 1 1 w 1 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page 25 1. The lot owner should be responsible for assuring compliance with dog regulations of another owner's dog occurring on a lot with the permission of the lot owner. J. No dog or other animal should be kept upon a unit which, in the sole discretion and judgment of the Association's Board of Directors, results in an annoyance or is obnoxious to unit owners within the subdivision. K. Homeowners not in compliance with dog regulations should be responsible for any and all costs associated with enforcement of the aforementioned provisions of the Mamm Creek Commons Homeowners Association (HOA). FENCES Fencing on individual lots should be controlled to reduce wildlife mortality and to reduce the potential for separation of doe deer and their offspring. The maximum fence height should be 42 inches. If a rail fence or 3 -strand wire fence is constructed, there should be a 12 -inch separation between the top 2 rails/wire. Chain link fencing up to 6 feet high should be allowed for the purpose of kenneling a dog. The developer has proposed that a 15,000 foot- square designated area be specified for permitted fencing on 1 -acre Tots. GARBAGE, TRASH, AND COMPOST CONTAINERS It is important that residents of the Mamm Creek Commons store garbage and trash in secure receptacles to reduce problems with skunks, raccoons, and bears. No Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page 26 refuse, garbage, trash, grass, shrub, or tree clippings, plant waste, scrap, rubbish, or debris of any kind should be kept, stored, maintained or allowed to accumulate or remain on any lot except temporarily within an enclosed structure within a building envelope. No garbage container, trash cans or receptacles should be maintained in an unsanitary condition. Garbage structures and containers should comply with recommendations which may be made from time to time by the CDOW. ADDITIONAL RESTRICTIONS/REQUIREMENTS Indemnification The Mamm Creek Commons Homeowner's Association should waive and hold the CDOW harmless from any and all claims for damages to landscaping improvements, fencing, ornamental and native plants, and garden plants resulting from the activities of wildlife. Disposal of Animal Carcasses The HOA and lot owners should be responsible for the removal and disposal of all animal carcasses (e.g. deer, raccoons) located upon the subdivision. Skunk and Raccoon Denning Areas Residents of the Mamm Creek Commons should maintain their lots in a manner that will not attract denning skunks and raccoons. This can be addressed in the covenants by prohibiting the open storage of junk automobiles, machinery, appliances, junk piles, scrap piles, and other materials which may be used by skunks and raccoons for denning sites. Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page 27 Enforcement of Provisions by HOA Because of the relatively few homeowners who will be residents of the Mamm Creek Commons, I would anticipate that most potential conflicts and problems between homeowners would be resolved on an informal basis. However, in the event that conflicts (e.g. dog control, fencing) are not resolved by discussion among homeowners, it is important that HOA enforcement provisions be available. The Mamm Creek Commons Homeowner's Association should be empowered to enforce covenants, conditions and restrictions for the subdivision. in the event that there is a violation of the covenants, conditions, and/or restrictions, the following enforcement procedures should be taken by the Association: 1. The owner violating a covenant, condition, and/or restriction should first receive a written warning of the violation. 2. If a second offense occurs by an owner of the same type of violation or the owner does not correct the initial violation within one (1) calendar day after receiving notice (or such reasonable time as is necessary in order for the owner to correct the violation), then a fine of $100 will be assessed against the owner. 3. Upon the occurrence of a third offense of the same type of violation or the continuation of a violation in excess of two (2) calendar days after the owner receives notice, a fine of $150 will be assessed against the owner. 4. Upon the occurrence of a fourth offense of the same type of violation or the continuance of a violation in excess of four (4) calendar days after the owner Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek. Commons Page 28 receives notice, a fine of $300 will be assessed against the owner. In addition, the Association may take such action as is reasonably necessary to cause the violation to cease, including entry on the property of the owner. In the event of a pet or livestock violation, the animal(s) which is in violation may be removed from the owner's property for disposal if prohibited or for a period of one (1) or more weeks if the animal(s) is permitted but is in violation. Enforcement of animal violations will be made only with respect to the express provisions of the Declaration (or as otherwise set forth in the homeowner documents of the Association). Rules and laws of Garfield County shall be enforced by the County. 5. For each additional recurrence of the same type of violation, or if a violation continues beyond sixty (60) days after an owner receives notice, an additional fine will be assessed in an amount equal to double the amount of the previous fine. With respect to a continuing violation, the additional fine will be assessed every four (4) calendar days beyond the sixty (60) day period during which the violation continues. The aggregate amount of fines which may be charged against an owner for the recurrence or continuation of one type of violation shall be $5,000. 6. Each violation of the Declaration, even if based on the same situation or animal, shall be considered a separate offense for the purpose of enforcement. 7. If an owner does not pay a fine which has been assessed due to a violation of the Declaration within thirty (30) days of receipt of the notice to pay the fine, Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 M 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page 29 then the late payment or nonpayment shall be considered a separate offense for which the owner can be fined on the same terms as set above. 8. The fines collected under this section my be applied to the costs incurred by the Association to administer and enforce the Declaration. SUMMARY OF WILDLIFE IMPACTS For several reasons, development of the Mamm Creek Commons will have minimal impacts on wildlife. First, Mamm Creek Commons will have a Iow housing density and a high percentage of open space. As a result, wildlife habitat will still be present throughout the development. Second, most of the proposed lots are currently poor wildlife habitat because of heavy grazing, an absence of prior or current irrigation, soils low in nutrients, low forage biomass, poorly developed ground and shrub layers, monotypic woodlands, and Iow vegetative diversity. Juniper and pinyon -juniper woodlands in Garfield County are very extensive and important to wildlife, particularly those woodlands that have been thinned and managed for herbaceous vegetation and shrubs. For many species of wildlife, these woodlands are important for hiding cover, thermal cover, resting areas, and bedding areas. The Mamm Creek Commons will affect songbirds, small mammals, raptors, mule deer, and elk. Daytime resting areas and security cover for mule deer and elk will be impacted near homesites. Some of the current mule deer use of the property for feeding may be diverted to nearby fields. The prey base for coyotes, foxes, skunks, raccoons, crows, red-tailed hawks and owls will be diminished. Beattie Wildlife Consulting, inc. November, 2003 i1 1 1 1 1 1 • 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page 30 Many species of wildlife have shown they are adaptable to residential developments, buildings, and human activities. There is experimental evidence to show that wildlife do habituate to humans (Knight and Skagen 1988). Habituation is defined as a waning of a response to a repeated stimulus that is not associated with either a positive or negative reward (Knight and Temple 1995, Eibl-Eibesfeldt 1970). Research suggests that some wildlife species may habituate to predictable events which they learn are not dangerous (Yarmoloy et al. 1988). There are many factors that influence wildlife responses to humans. These factors include characteristics of the disturbance and characteristics of the particular wildlife species. Characteristics of the disturbance that shape wildlife responses include the type of human activity, specific behaviors of a person, predictability, frequency and magnitude, timing, and location. Characteristics of wildlife that affect their response to humans include the type of animal, group size, age, sex, breeding status, and stage of breeding/nesting. The most important factors affecting wildlife response to humans re predictability and perceived threat. When wildlife perceive a disturbance frequent enough to be expected and nonthreatening, they show little overt response. If wildlife perceive disturbance as unpredictable and threatening, they react quite differently. anticipate that many of the existing species of wildlife on the proposed Mamm Creek Commons will acclimate to the presence of humans and to changes in habitat. A portion of the subdivision will consist of undeveloped areas. In my opinion, although there will be a reduction in the quantity and distribution of wildlife, existing wildlife species should still maintain a presence on the development. Many affected Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Resort for the Pro•osed Mamm Creek Commons Pa•e 31 species will relocate to undeveloped areas of the development. Development of the Mamm Creek Commons will not result in the Joss of critical wildlife habitat, nor will it affect wildlife migration corridors. Retaining existing vegetation in those areas outside of homes, lawns, and entrance roads will benefit wildlife. There are no federal or Colorado threatened, endangered, or candidate wildlife or Colorado species of special concern, that will be measurably impacted by the t subdivision. Development of the Mamm Creek Commons will have a local affect on individuals of common species of birds, amphibians, small mammals, and mule deer, but will not result in a loss of viability in the area, nor cause a trend to federal or state' listing or loss of species viability within a wider area, nor cause a trend to federal or state listing or a loss of species viability rangewide. Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page 32 LITERATURE CITED Andrews, R. and R. Righter. 1992. Colorado birds. Denver Mus. Nat. History, Denver, CO. 442pp. Eibl-Eibesfeldt, I. 1970. Ethology: the study of behavior. Holt, Rinehart, and Winston, New York, N.Y. 530pp. Fitzgerald, J. P., C. A. Meaney, and D. M Armstrong. 1994. Mammals of Colorado. Univ. Press Colorado, Niwot, CO. 467pp. Hammerson, G. A. 1986. Amphibians and reptiles in Colorado. Colo. Div. Wildlife, Denver, CO. 131 pp. Knight, R. L., and S. K Skagen. 1988. Effects of recreational disturbance on birds of prey: a review. Pages 355-359 in L. Glinski, ed. Proceedings of the Southwest Raptor Management Symposium and Workshop. National Wildlife Federation, Washington, D.C. , and S. A Temple. 1995. Origin of wildlife responses to recreationists. Pages 81-91 in R. L. Knight and K. J. Gutzwiller, eds. Wildlife and recreationists: coexistence through management and research. Island Press, Washington, D.C. Yarmoloy, C., M. Bayer, and V. Geist. 1988. Behavior responses and reproduction of mule deer following experimental harassment with an all -terrain vehicle. Canadian Field Naturalist 10:425-429. Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 M 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page 33 Table 1. Species of amphibians for which existing or potential suitable habitat exists in Garfield County as reported by the Natural Diversity information Source. The status of individual species is also provided. Common Name Scientific Name Federal Threatened or Endangered State Threatened or Endangered State Species of Special Concern Boreal toad Bufo boreas boreas X X Bullfrog Rana catesbeiana Great Basin spadefoot Spea intermontana X Northern leopard frog Rana pipiens X Red -spotted toad Bufo punctatus Tiger salamander Ambystoma tigrinum Western chorus Frog g Pseudacris triseriata Woodhouse's toad Bufo woodhousii 1 Beattie Wildlife Consulting, Inc. November, 2003 1 1 Status tv U State Species of Special Concern xx x State Threatened or _ Endangered Federal Threatened or Endan • eyed Scientific Name Crotaphytus coflaris co Z 0 a 4 0 U CO Pituophis catenifer 1 Gambelia wislizenii Crotalus viridis concolor Lampropeltis triangulum Hypsiglena torquata Cnemidophorus velox Coluber constrictor Elaphe guttata Sceloporus graciosus Phrynosoma hernandezi Uta stansburiana Liochlorophis vernalis Tantilla hobartsmithi -- Masticophis taeniatus Common Name Collared lizard Eastern fence lizard Gopher snake Longnose leopard lizard Midget faded rattlesnake Milk snake 0 Y CO c UI) .k+ 0) Z Plateau striped whiptail Racer Rat snake Sagebrush lizard Short -horned lizard Side -blotched lizard Smooth green snake Southwestern blackhead snake Striped whipsnake November, 2003 Beattie Wildlife Consulting, Inc. 1-0 oo .5 C C 0 CO —4.-0 y / vim' • CCD ma) 110 CD c CI) CD a) 1Z3 -C Lu 1- 16 -0 v-0 130 ao CD (13 LL e . uJ Scientific Name Cl) E 0 C4 0O Cnemidophorus tigris a) E z 0 E E 0 V 1 1 1 1 1 1 1 M 1 1 1 1 1 1 1 m a) a ai L >, CD w • '0._La) W C 04• 00mo_ ' • 0 O 0 0 0 co Cr)] c0 Ci3 CO ca cDEEEE U E [4 (� (g co 0) L L L L 00)0) 0 0 a a 00) 0)0] 0) • Cli CR C4 c0 ai'L'L (1) 0 CU QJ a) O Z 2 1 2 (73 (O a [O L L LCU W--� 1.-� dr � (O CO (6 .O Z Z Z Z C 0 0 0 0 t0 -o 'O `0 V) 0 0 0 O LL 0 0 O O •U U 0 U CU a) as a> 17 S] .o L3 '(7 — - 4? .L (R .co t u) —I_1 -.r_+ !I 11 11 11 ��-cvrtdr November, 2003 Beattie Wildlife Consulting, Inc. 1 i 1 1 1 1 1 1 N 1 1 1 1 1 1 r 1 0) 4— 0) 0 CL CCI c 0 '0 U D CO 0. (9 0 C ,— 10 rte+ u) SCO Q .0 V) '5 4- c RS 0 ine 0 ELL r • C 11) V) 3 ‘1, E Cr, C E ca E 4-? a gip, a) rtsr 0. U} Z ('7 0) 0 ca U) (1) U] (v cia as .3C c ca a cnCD 0 y 0 co "6 N 0) u) 16 '0 2 4- C c W Scientific Name .0 C) C (0 � C 0 Q) L -(3 co cti 1— U z U. 0) (0 0) co coL.° U 0 4 1• 11 • cts b 'CD co C 0 0 O 0) 0 E 0 U co C [] 0 w a 4zu co E co o 0 N w 0) 0) ccs -. E •0 Q 4 E e. 0 0 0 0 0) 0 0) E z 0 E 0 U 0) (0 c 10 0 E 0) 7 c0 0) c 0 0) co CCS al) E 'c cc c 0 003 0 L .I_ •L 0 2 CO CO .O 0. CD Iv .c W C L-0 C[303 c0 a) 0 CO 0 (0 ro 0 m 0 0 0) Jc 0 O 0 0 03 0) 0 4- N co tLO 0) OD 0, 'Q 0 00 C z E 0 E ° ,E c 0 O.c > p O E E .? 0) -- C E E 70, 0) (R1 (0 0 0 0 ' 0) COC?UUUU❑ Desert cottontail November, 2003 Beattie Wildlife Consulting, Inc. 1 07 x C 0) { l c 1 Co 1 0 E O R3 C E f E` 00 m -- 0 Z 11° 1 Status' CO GO CO CO CO CO State Species of Special Concern State Threatened or Endangered Endangered Endangered Federal Threatened or Endangered Threatened Scientific Name Mustela erminea Myotis thysanodes Spermophilus lateralis Urocyon cinereoargenteus Lasiurus cinereus Tamias rufus I Mus musculus Vulpes macrons Tamias minimus Myotis lucifugus co d 0) •co 1 Myotis volans Microtus longicaudus Mustela frenata Lynx canadensis Sorex cinereus Microtus pennsylvanicus Mustela vison Common Name Ermine Fringed myotis Golden -mantled ground squirrel Gray fox Hoary bat .__c c E 0. IE 0 z House mouse Kit fox Least chipmunk Little brown myotis Long-eared myotis LLong-legged myotis Long-tailed Vole Long-tailed weasel x C _1 Masked shrew Meadow vole Mink November, 2003 1 111 .s ...,I a) I a 2 la co= L4 C >,c I �o a� U m E c6 a CD 0 c O u) ur ._ x co 1a N ..046ii 63 a a o �s 75 '> O :� a c as ca 1 0 c a 0 6 rnH .5. ai Ts') t3 ">c= a)a 3 c 8 E I )o 73 C E • >, I E rz a) o 1 wcz CD cv0 (1) 1 M a) 1- Status CN 0) CO State Species of Special Concern State Threatened or Endan • Bred Threatened 1 Federal Threatened or Endan•ered Scientific Name Sorex monticolus Microtus montanus Alces aloes Sylvilagus nuttallii Fells concolor Odocoileus hemionus Thomomys talpoides Lutra Canadensis Dipodomys ordii Antrozous pallidus Tarniasciurus hudsonicus Peromyscus truei Perognathus flavescens Sorex preblei Antilocapra americana Prycyon lotor Vulpes vulpes Bassariscus astutus Lasionycteris - - noctivagans Lepus americanus Clethrionomys gapperi Common Name Montane shrew Montane vole Moose Mountain cottontail Mountain lion ' Mule deer Northern pocket gopher Northern river otter �Ord's kangaroo rat al _o -'_a, rcf aL Pine squirrel 0) cn 0 E c c [l. I Plains pocket mouse Preble's shrew L - c 2 CL Raccoon Red fox =. or c E Silver -haired bat Snowshoe hare Southern red -back vole November, 2003 1 0 s I :16 _IDv a) i ?) 01 D I 0 c o `� Q O 0 1 . o ' • 0 eti o_ L..7 0 co in .— " x 0 1 co 0)0 Q. _0 ua +co— ' = a) to -Q .5 co 7.5 • • 5 .c co .o C u) 1 422 ti O Lo 0 - H 0) x = o) 0 II v� v .1j'.. 'cn o To c E • a 1 E iL+ W 4 D 0 o o 03 , w � a co Z III cvi s0 Cs 1- 1 Status' C} 01 cc/D [NI Cr) Cq cc/) CN (1) State Species of Special Concern X X X X State Threatened or Endangered Federal Threatened or Endan Bred Scientific Name Euderma maculatum Mephitis mephitis Spermophilus tridecemlineatus Plecotus townsendii pallascens Reithrodontomys megalotis megalotis Tamias umbrinus Sorex palustris Zapus princeps Pipistrellus hesperus Myotis ciliolabrum co co to N co tr) Q OD Ammospermophilus leucurus Odocoileus virginianus Lepus townsendii Common Name CIO .c 0 45 0 I Striped skunk Thirteen -lined ground squirrel Townsend's big -eared bat Western harvest mouse Unita chipmunk Water shrew Western jumping mouse Western pipistrelle Western small -footed myotis Western spotted skunk White-tailed antelope squirrel White-tailed deer White-tailed jackrabbit November, 2003 Beattie Wildlife Consulting, Inc. 1 r 16 0 .0 V 0 s- N 07 n CD ._n...0 t c o o '0 U a) II )> I_ o CO ri L7 a .:n co I"c15 o. .0 Q) I 3 .n .5 co O ' 5 .c N 4- To o u3 C D 0 coo d s H co U 1 a) v ' o o E u C am-. ' E a) tJ E to — ca roz �7 1 M a) Status S4 S3 C2 State Species of Special Concern X State Threatened or Endangered Federal Threatened or Endangered Scientific Name Cynomys leucurus ' Spermophitus elegans Marmota fiaviventris Myotis yumanensis - Common Name White-tailed prairie dog Wyoming ground squirrel Yellow -bellied marmot Yuma myotic -61 0) E -c, U 7, y a) L43 Cn o CU • >. E.G • U.- 1 -p 0)) a) CD C6 al. Q �} N Cn v) ca CCS 07 CA Cn co u] CO CO CO 03 CUEEEE • - I_ _ 4_ o a o fl • a_a_a_a co a) �Wa)0 V 'L 'L) 'i; l- L L L CD CC co �'zzzz 0 0 0 CI'J -0 V V -0 L 2 2 2 fl 0 a 0 0) O O 0 -00000 >. c1) a) a) a) •13 0�o)CD0 1 n n n 1 ; 1 1 11 November, 2003 Beattie Wildlife Consulting, Inc, 0 To c0 1 co x a v u) 't6 T13 xa CU 5 0 .c (113 0 m tn cow c I a 2 Co = E Cj I x X Q) 0 L ca 0 3 '5 o 4 to I la o- I Ey 12 �V" 4-z Witi Y1) ^ES3 r 1 'v c 16 0. 0 tj C/} 0- 0 w 0 aU Ory `0 0 411) "12. 0a) 0 ca .o c .cw E- Scientific Name a) co z E 0 U to calv 0) 0 7 co ECS 0 0) 0 0 c 0) Q E Rs co z Q` Q) v 0 L cap 0 Q) Cr) 0 0 E E 0 07)U Anthus rubescens V) C U V) R1 0 000 C 0) L.N 0 0 U U f .E 0 co Eco z (I), .0 0)Q. Rs 0 R3 U m 03 Z'Q0 ,Z'a vak-v04 0' CO 4 N CZ V EL) C C CO 0 CO • E .E < Q c 2 c E .2 0.0- N a) C C CO 0 0 E .E << o) 0) 2 1-- a) c 0) E0 1 - a) • C EnCss Eu 'L3 CO RS U CSO lu co R3 ca CIO 0 Cr �ItiT 0 c November, 2003 Beattie Wildlife Consulting, Inc, 1 1 1 1 1 1 1 1 1 1 1 1 1 1 a) .L - c c cco 0a) O o a)4 r o u) c cn 0) pa co 0 O .5 a) c a a • CI) CO B4 C SD O I— C. O rOj co 4 _ [fl • co O • 0 L C U E o - o • fl3 ▪ ON 0_ z .co 0 E CL 0 0 (-) L v • l_ C uj X CO m (I) co G) r— Scientific Name . k 412 a) o @ ,CSI a) - z Q z Q t7 Oxco V) C co f0 co C} .z 0Q -Q) CQ-. O a) Q C•1•;' -- Z a) -c. m COC]I--V]JOU U 4 Archilochus alexandri corax nycticorax v co C SO co z a9 Q t 3 • co CO ID 4. E 0 (0 z 0 E 0 0 0) c U cu cu(5 co ED ce) U 8 c� 00XiCO CO CO CO > 0- O 0 0 Qa) a) 0. 0 0 1 0 0 {.SG) (9 SZ co SZ L CI] CO CO CO 0 c O a) Cs a) 0) co � �0) 0)) ca v 0 0 CZ SO 03 m a S0 0) 0 0) (Z 2 .c 0 -2 R3 co O (65 VI 0 0) (0 2 0 SO CA a) 2 0) a) CO November, 2003 Beattie Wildlife Consulting, inc. 1 11111 o c Q 't ce l) Q C 27 C w 03 0 7.-- N C I 0 ''5 U 2 C:2 - a) 0 I ca co O U) G jCD. ' 5 f3 CO a) X 0- a) Cr) I CCf .00 co '5 c CO• -1::/ 14- ▪ co to m I 1 ID C O O 0 0- ' o C3 D TO CO a) 0 i it U 3 E • c 4- L d 1 a) ca N y ) m Cr) C1) cc N (1) 1.- O '0 0 0 -0 c a) co w LL. C W H Scientific Name 0 • a) m CD CDQ a .N ct3CLCO CO U E 2 a) CD -0 O co CO wC U 0 Z 0 0 0 a) 0 • 0 U L O E CO 03 0) C' E c o) co . o > C C cOCOCu 0 0 U Q -co C X 0_ w a5 'C cu O- C cn -o (0 c0 CO a) C - 0 0 0 0 0 0 November, 2003 ildlife Consulting, Th C N I CI :CI 0 0) 0 co ct Ca ,co C V) I 0 X 0. 0 0 15 T3 f0 5 � H C1) ..�.. I (15 1)) 0 o I— a Q) • 0 "5-<" O ,a C • E i42 co 00 1 v• ;2 4- rDZ v 1 r u) 4- ev to (N Geothlypis triichas � _ Accipiter cooped' Empidonax occidentalis Junco hyemalis Phalacrocorax auritus Picoides pubescens Empidonax oberholseri Scientific Name Federal State State Species Threatened or Threatened or of Special Endangered Endangered Concern Anas cyanoptera_ - Tympanuchus phasianellus columbianus Aechmophorus clarkia - Nucifraga Columbiana 1 --- - - co C_ i co i 0 Petrochelidon pyrrhonota Bucephala clangula Quiscalus quiscula Gavia immer Mergus merganser - Chordeiles minor Phalaenoptilus nuttallii 1 1 Corvus corax 1 Carduelis flammea Gallinago gallinago Common Name 1 Cinnamon teal Columbian sharp -tailed Grouse 1 Clark's grebe 1 Clark's nutcracker 1 Clay -colored sparrow Cliff swallow 4} 0 C 0) Q C 0 E E 0 0 C Common grackle 1 uoo1 UOWWOC 1 Common merganser Common nighthawk Common poorwill Common raven Common redpoll Common snipe Common yellowthroat Cooper's hawk Cordilleras flycatcher Dark -eyed junco Double -crested cormorant Downy woodpecker Dusky flycatcher ovember, 2003 Wildlife Canso a CO ✓ n C. c L) I co 0 I D 7• 3 U v CD 0 11 'E crn Co CO (D ,cn C co 1 �- U ' X tl Q (1) co 7 L a a) c 0 23 ,...- co 0 :4— mrn co DIc N t Q I— 1 1 1 1 State State Species Status' Threatened or of Special Endangered Concern CO Federal Threatened or Endan ered Scientific Name Podiceps nigricollis Tyrannus tyrannus Sturnus vulgaris Coccothraustes vespertinus Buteo regalis Otus flammeolus Sterna forsteri Passerella iliaca Larus pipixcan Anas strepera r Regulus satraps r©umetella carolinensis Empidonax wrightii Perisoreus Canadensis Viroe vicinior Leucosticte tephrocotis Ardea herodias _ Ardea albus Bubo virginianus Common Name Eared grebe Eastern kingbird European starling Evening grosbeack Ferruginous hawk Field sparrow Flammulated owl Forester's tern Fox sparrow Franklin's gull Gambel's quail Golden eagle Golden -crowned kinglet Gray catbird Gray flycatcher Gray iav Gra vireo Gray -crowned rosy finch Great blue heron Great e•ret Great -horned owl ember, 2003 diife Consu 1 ID a) r .n -e 0 ©. C 0 E. I co �s r o70 U v L -0 a m o ' ca 0 • co c Q, o a) 0 eLr8 U 0) = G 0 I 0 o _CTo U c, E r O 2 u, Ic.)113 v 72 E2 © U 'al T2 o i Qco z r11�_ a) co 1 CA cc) m U) k. v T3 4) O cu s 5 CD' rn 41113 115 w 0 -a cu L 2 Lij Scientific Name Grus canadensis tabida Anser albifrons L 2 0 U 03 U L} U 03 Q Picoides vilfosus co i Cr •U 4 z 0 N U a) U 0 Q 03 0 z • 0 U a) a.)°) CD E o ai 0 o 4.I-- 03 N 03 U 03 Q) 03 0 U d 03 03 t 0 03 c° U R3 0 E ca`--) F) z = a -c 0 E 0 E 0 a) 0 ca C7 CD 2 03 0- -co) `L L co CO 0) 03 0) • "E +� r 0) m E •L - L L0 a) cua)'0 2 z z 2 03 c r 0 CO 0. U) 0 C E 0 ta3 0 c Q — Y1� November, 2003 Beattie Wildlife Consulting, 1 1 1 1 1 1 1 w 1 1 1 1 1 1 1 w O)a) O 0. C +� � () C a) fN u07 co co V 00 +0) 'R a to or) ( '5 c co 0 4) � pH 0 26 0 cc) E L 0 C Q 1.2 15 aO To 0. Z a) )H U) N N CI) M U) to ,O c d. 4) Lam,) to 0- c cv 0 0 o� co Scientific Name N � 0 0 0 E co 03 co E 0 to E co cl) L. 0 CU cO 0 to UQ. .co 0 co 0 O b I.Z co 0 CO 0 O tv z 0 E 0) c c J 0 c 1(r) CA u7 a) —J u)a) 0)t 0 0-0 rye, 0 a] a) .co cn Cf) a) a) as a) -o .0 0) 0 ) J J a) 3 0 co 2 -o 0 0) 0 a) .0 t4 c L [0 43 a) cn L N 2 November, 2003 Beattie Wildlife Consulting, Inc. c 1cT) co .c - 0 (1) U O C3O .0 ^, c 0 � W -° ? co L 13 co N o©a a0_EL 1 1 1 1 1 1 1 t 1 1 1 1 1 1 1 a) .0 O 73 i1} 0 C. C E' co a) U • o [Z 0) iia .c '0 N N ro "F3 a)c CO 0 ▪ 1-15C a) O • H a O0i, ai c • O w' C!) a c U • v a v) :- 11). • O O 5 (1) — a) p2 a) 0- Z Z 1 0 d a) 0q 1St CCD 0: 113C � W Scientific Name 0 0 •0 0) a) co 0 CV X z 0 0 0 CO R3 c0 p) N O m (1) C') i cro ro (0CtS 0 0 0 0 Q. C) co cts 4) 0 0 0 2.1 O 3 a) ).0 a) cu. > • 0 O O 0 C C C 0 c er — C 0.1L ' 4 _C a�V �CVry44— y�C 0 0 0 L0 0 0 222222 Cti CO s- O CO a) CD Z • Z -0 a) 3 cs .§ >. E£ 0 0 E E Cyt 0 N 0 O O Z Z L �n 2 s c3) E. _c W L 0 Z November, 2003 Beattie Wildlife Consulting, 1 1 1 1 1 1 1 M 1 1 1 1 1 1 1 0 a 0 o C 0 G to co o U o -0 CI 0 0 CZ C U) 0 co 0 a) a) to C4 '7 0 C a c 0 0 r a 1— (15" 0 e 0 n 0 0 -C co 3 E 0 O toL L .4(5❑ Tzi o 0. (1) z Scientific Name L 0 R3 0 ell (ts 0 Q C) -o 0 0 C) C ca 'tai w 0 • cry 0 F�' a 0 0 to .X a) 0 L1.. 0) a z 0 0 7 CO -0 0 0 CI- 0 Q o ' Q co (13 4Ica13 to 0 U 0 0 0 i .(13 ro 0 0 E z 0 E 0 0) o s `0 (1) . (0 .- 0 '(6 E C in CD 2 .U) • U) 0 to o 02 Cr) to 0 co a) 0 _o a) q) 7-. _0 CD 0 m E Q [c3)z3 tll C C C ca p= >+ 0 cU Q'a.ci_if c% 0)0_dn_0,_(:� merganser U 0 e .2 4E - co {o ..SG 2 = to c� -0 CZ Q 0. 0 CSC 00 0 0 Q) -0 0) -0 - - CO 0 0 ao 0 • 0 0) Ca 0 Q) 0. 1 -c i C. a i - -C 1-0 -o 0 "0 -Q D 05 Cr 0) a) a) o a) a) a) Q) .G c .c CC CC Ct CC IX Ct CC CC CC November, 2003 de Consulting, Inc. 1 1 1 1 1 1 1 1 1 1 1 1 1 a) CO. 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O b N ,02 0)' (13 U_ [13 Z 51110/ co 111 1 State State Species Status' Threatened or of Special Endangered Concern CO Federal Threatened or Endan ered Scientific Name Columba livia Salpinctes obsoletus Pheucticus ludovicianus Buteo lagopus Oxyura jamaicensis Selasphorus rufus Xenia sabini Centrocercus urophasianus urophasianus Amphispiza belli Oreoscoptes montanus Grus Canadensis Passerculus sandwichensis Sa ornis sa a Icterus parisorum Charadrius semipalmatus Accipiter striatus Tympanuchus • hasianellus Common Name Rock dove IRock wren Rose -breasted grosbeack Rough-iegged hawk Ruby -crowned kinglet 1 Ruddy duck Rufous hummingbird Sage grouse 1 Sage sparrow Sage thrasher Sandhill crane Savannah sparrow Sa 's • hoebe Scott's oriole Semipalmated plover Share -shinned hawk Sharp -tailed grouse November, 2003 Wildlife Consu 1 11111 N _c 4) ¢ • c as 0asp c a) 0 • o a a • CD O on U x o_ 1 1 1 1 1 1 1 1 w 1 1 1 1 1 1 1 CD a N 0. C .42o V o z5 -a E 2 a) i/) co co CD 'a L2 X it a) co TO' To E "C3 (0Lb- 7 o o 0 N C CL) 0 F- 0 U 0 X R3 E v cn 'tL 7 2 L a% v ❑ 7,2 0cz eL �+ N Z a) U 0 CCIN cI� •C 0 ' 11 L E G) ' 0 — Threatened Scientific Name (s3 z 0 E 0 co 0 03 0) 03 a) 0) _ 5 C a0 CO 0) 0 0) a3 0 0 C o Western grebe Otus kennicottii U (13E 0 COU OS 0 U 0 0) z b 0 0 0 z v U a3 a) coAw Cil mc Q) Cc3 0 C CD co 0 0 (o 0 - E 0 co (1) 4-, 7 % C C C C C C co (+) Gn co (13 co n' 0 z a a) (l3 Q 0) LJ .C3 0 ci) CO 1 a] .c 0 ('3 Aeronautes saxatalis 0) EL 0 N November, 2003 Beattie Wildlife Consulting, 1 1 1 1 1 1 w 1 1 1 1 1 1 1 eU s s0 t G) Q n c a) C Q CO c -o 2 E /C C V c_ U] 0 Q) 7 xc:• a)U) s 0 •0 [� '5 Lo CD c 'Ey; i� 0 a� ) o1- 0- `o o 0) n c o OQD Tc v 0 U E E C7 � 0 0 la a) ab ou 0 (13 0. CA Z Status' CO (I) CO CID CO. C(!) 0 State Species of Special Concern State Threatened or Endan erect Endangered 1 Federal Threatened or Endan ered Endangered 1 Scientific Name Loxia leucoptera Melanitta fusca Grus americana Catoptrophorus semipalmatus inornatus Sphyrapicus thyroideus Phalaropus tricolor Wilsonia pusrrta CD CO Z 0 CO Hylocichla mustelina Dendroica petechia Coco zus americanus Icteria vireos Xanthocephalus santhoce • halus Dendroica coronata Common Name White -winged crossbill f 1 White -winged scoter Whooping crane Williamson's sapsucker Wilson's phalarope 1 Wilson's warbler 1 Wood duck 1 Wood thrush Yellow warbler Yellow -billed cuckoo Yellow -breasted chat Yellow -headed blackbird Yellow-rumped warbler c � 0 co 2 a) 0) g c tn CD CZ CD 0) C.) 0)00) .c -0 v P -0 40-. arc 0 M E-_0) > a) L • E v m CDv 5 76 TO o 0 (.0 cn co s 0) co 0 E E E Lc2_ eL CL a 0) 0 0) CO :t4 a) a) a) a) t?=== (f) p Z Z Z © 0 0 Fa - a v 0 0) a) 0 a) ate)a)0) t 0) cn (1)0) _0 a) a) a) `0 '(75 5 U 07 Q) 4) (1) C1 J o O OO 1 CO CO CO CO 0 C.0 C1) November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page 54 Table 5. Colorado listing of endangered, threatened and wildlife species of special concern Fish Common Name Scientific Name Bonytail Razorback sucker Humpback chub Gilaelegans Xyrauchen texanus Gila cypa Status' FE, SE FE, SE FE, ST Colorado pikeminnow Greenback cutthroat trout Rio Grande sucker Lake chub Plains minnow Suckermouth minnow Ptychocheilus Lucius FE, ST Oncorhycnhus clarki sotmias Catostomus plebeius FT, ST SE Couesius plumbeus SE Hybognathus placitius SE Phenacobius mirabilis SE Northern redbelly dace Phoxinus eas SE Southern redbelly dace Brassy minnow Phoxinus erythrogaster SE Common shiner Arkansas darter Hybognathus hankinsoni Luxllus cornutus ST ST Mountain sucker Plains orangethroat darter lowa darter Etheostoma cragini Catostomus platrhynchus Etheostoma spectible Etheostoma exile ST SC SC SC Rio Grande chub Gila pandora Colorado roundtail chub Stonecat Gila robusta SC SC Noturus flavus SC Colorado River cutthroat trout Rio Grande cutthroat trout Flathead chub Oncorhynchus clarki pleuriticus SC Oncorhynchus clarki virginalis SC Platygobio gracilus Amphibians Boreal toad SC Bufo boreas boreas Northern cricket frog Great Plains narrowmouth toad Acris crepitans Gastrophryne olivacea Northern leopard frog Plains leopard frog Couch's spadefoot Wood frog Rana pipiens Rana blairi Scaphiopus courchii SE SC SC SC SC SC Rana sylvatica SC Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 M 1 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page 55 Table 5. Colorado listing of endangered, threatened and wildlife species of special concern (continued). Common Name Scientific Name Status Reptiles Midget faded rattlesnake Crotalus viridis concolor SC Longnose leopard lizard Gambelia wislizenii SC Yellow mud turtle Kinosternon flavenscens SC Gommon kingsnake Lampropeltis getula SC Texas blind snake Leptotyphlops dulcis SC Texas horned lizard Phrynosoma cornutum - SC Massasauga Sistrurus catenatus SC Triploid checkered whiptail Cnemidophorus neotesselatus SC Common garter snake Thamnophis sirtalis SC Birds American peregrine falcon Falco peregrinus anatum Grus americana tabida SC FE, SE Whooping crane Least tern Sterna antillarum athalassos FE, SE Southwestern willow flycatcher Empidonax traillii extimus FE, SE Plains sharp -tailed grouse Tympanuchus phasianellus jamesii SE Piping plover Charadrius melodus circumcinctus FT, ST Bald eagle Haliaeetus Ieucocephalus FT, ST Mexican spotted owl Strix occidentalis lucida FT, ST Western burrowing owl Athene cunicularia ST Greater sandhi!' crane Grus canadensis SC Lesser prairie chicken Tympanuchus pallidicinctus ST Ferruginous hawk Buteo regalis SC SC SC Gunnison's sage grouse Centrocercus urophasianus subspp. Centrocercus urophasianus subspp. Greater sage grouse Western snowy plover Charadrius alexandrinus SC _ Mountain plover Chardrius montana SC Long -billed curlew Numenius americanus SC White pelican Pelecanus erythrorhynchos SC Columbian sharp -tailed grouse Tympanuchus phasianellus columbianus SC Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page 56 Table 5. Colorado listing of endangered, threatened and wildlife species of special concern (continued). Common Name Mammals Gra wolf Black -footed ferret Grizzl bear Preble's meadow jumping mouse Scientific Name Canis lupus Mustela ni• ri• es Status FE, SE FE, SE L nx Wolverine River otter Kit fox Swift fox Black -tailed prairie dog Townsend's big -eared bat Botta's pocket gopher Norther pocket gopher Ursus arctos Zapus hudsonius preblei FT, SE FT, ST L nx canadensis Gulo gulo Iuscus Lutra canadensis Vulpes macrotis Vulpes velox Cynomys ludovicianus Corynorhinus townsendii pallescens Thomomy bottae rubidus Thomomys talpoides macrotis SE, FT SE ST SE SC SC SC SC SC 1 FE = Federal endangered FT = Federal threatened SE = State endangered ST = State threatened SC = Species of state concern Beattie WiId!ife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 M 1 1 1 1 1 1 1 Wildlife Report for the Proposed Table 6. Federal threatened Mamm Creek Commons Page 57 and endangered species reported for Colorado. Common Name Scientific Name Status Grizzly bear Ursus arctos Threatened Bon ail chub Humpback chub Gila ele•ans Gila cypha Endan■ered Endangered Whooping crane Grus americana Endangered Bald eagle Haliaeetus leucocephalus Threatened Black -footed ferret Mustela nigripes Endangered Southwestern willow fl catcher Empidonax traillii extimus Endangered Preble's meadow jumping mouse Zapus hudsonius preblei Threatened Lynx Lynx Canadensis Threatened Mexican spotted owl Strix occidentalis lucida Threatened Piping plover Charadrius melodus Threatened Colorado squawfish Ptychocheilus Lucius Endangered Razorback sucker Xyrauchen texanus Endangered Least tern Sterna antillarum Endangered Greenback cutthroat trout Oncorhynchus clarki stomias Threatened Gray wolf _ Canis lupus Endangered Mancos milk -vetch Astragalus humillimus Endangered Osterhous milk -vetch Astragalus osterhoutii Endangered Clay -loving wild buckwheat Eriogonum pelinophilum Endangered Penland alpine fen mustard Eutrema penlandii Threatened Dudley Bluff's bladderpod Lesquerella congesta Threatened Knowlton cactus Pediocactus knowltonii Endangered Penland beardtongue Penstemon penlandii Endangered North. Park phacelia Phacelia formosula Endangered Dudly Bluffs twinpod Physaria obcordata Threatened Unita Basin hookless cactus Sclerocactus glaucus _ Threatened Mesa Verde cactus Sclerocactus mease verdae Threatened Ute ladies' -tresses Sprianthes diluvialis Threatened Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 t 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Paye F1 Figure 1. Vicinity map showing location of the proposed Mamm Creek Commons. Beattie Wildlife Consulting, inc. November, 2003 1 i1 1 1 1 1 1M 1 1 1 1 1 1 Wildlife Report for the Proposed Mamrn Creek Commons Page F2 Figure 2. Aerial photograph of the proposed Mamm Creek Commons. Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Pae F3 Figure 3. Gap Analysis Project modeled habitat for the boreal toad in Colorado. Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Rage F4 MOFFAT RIO BLANCO c,AaF1Eu� . MESA 1 1 MONTROSE ER OUR !/ i $,4h1ld1Ci11i:Lr 1 DOLORES .—._..�.. f%JU .J wELD 1 MORGAN ! LOQ YUMA ADAMS - • WASHINGTON CIENVEA Fk r ARAPAHOE 1 ELEER7 I CARSON DOUGLAS! � LINCOLtJ1----------1 JI ! J ' — CHEYENNE `� C... EL PASA � �TELtiA� _-- - . 1 ._�.....��__. .—P. C OWLEY+ ._� 1_1 PUEBLO 1 ,.�`_�.,.�... v--1 CUSTER , I! ALE' SAG UAC H€ % , r ,• l f375At7 BENT ; PROWERS 1 -.—" 1 HUERFANO `J BENT .. �.. �._--.----+ ALAmosA 1 LAS AN1161AS i4,. gACA COS TILL ,I i L...�-..�.. Figure 4. Approximate range of the boreal toad in Colorado (0). Source: redrawn map obtained from Terry Ireland, Division of Ecological Services, U.S. Fish and Wildlife Service, Grand Junction, Colorado. Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamrn Creek Commons Page F5 Figure 5. Gap Analysis Project modeled habitat for the northern leopard frog in Colorado. Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 M 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page _ Ffi Figure 6. Historical distribution of the Northern leopard frog in Colorado (Hammerson 1986:40). Black circles represent known occurrences of the Northern leopard frog. Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 M 1 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page F7 Figure 7. Historical distribution of the Great Basin spadefoot in Colorado (Hammerson 1986:23). Black circles represent known occurrences of the Great Basin spadefoot. Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the proposes! Mamm Creek Commons Page F8 Figure 8. Gap Analysis Project modeled habitat for the longnose leopard lizard in Colorado. Beattie Wildlife Consulting, inc. November, 2003 Wildlife Renort for the proposed Mamm Creek Commons Page F9 Figure 9. Historical distribution of the longnose leopard lizard in Colorado (Hammerson 1986:62). Black circles represent known occurrences of the longnose leopard lizard. Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the proposed Mamm Creek Commons Page F1M} Figure 10. Gap Analysis Project modeled habitat for the midget -faded rattlesnake in Colorado. Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 w 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page F11 Figure 11. Gap Analysis Project modeled habitat for the southwestern blackhead snake in Colorado. Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1w 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page F12 Figure 12. Historical distribution of the lacoktc circles rern present known occurrences of lackhead snake in Colorado (Hammerson 1986:104). the southwestern blackhead snake. Beattie Wildlife Consulting, inc. November, 2003 1 1 1 1 1 11 1 1 1 1 1 Wildlife Report for the Proposed Mamni Creek Commons 107 105 Page F13 107 SO 164 WM 6 SOMG 150 Wbn.11.1 107 105 08 Figure 13. Distribution of the big fr5ouarlce� Fitzgerald bat in orado. Solid et al.(1994:128). es represent records of occurrence. Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page F14 Figure 14. Historic distribution of the black -footed ferret in Colorado. Source: Fitzgerald et al. (1994:344). Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page F15 Figure 15. Gap Analysis Project modeled habitat for the black -footed ferret in Colorado. Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 M 11 1 1 1 1 1 Wildlife Re ort for the Proposed Mamm Creek Commons Page F16 107 185 '0 1 T l 5G IVO °7d wbnwra 107 103 0 SEI Figure 16. Distribution of Botta's pocket gopher in Colorado Mr}. Source: Fitzgerald et al. (1994:203). Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page F1l 407 105 103 36 60 10o a5614}00n.awy 10 0 38 Figure 17. Distribution of the Brazilian free -tailed bat in Colorado (a ). Source: Fitzgerald et al. (1994:127). Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page F18 , .k...„ , „ r ,, • ' 4, -1 4 4 .'., f..v.- , 444„?41;.::::\:',-,-,1 . rqt; ) ,.` , O'''''' . 7 4s.. . .,,-... • , k 7, ' ' ; : 4-, i ',,Ia- -41 r1r.wili 76.,.; ' - "71 ,:f..‘-At-Ahdt; AK,.... ,,,,f. ,-;.;„--.---------tT"-.2:7- - ' ' 41* cy 4 .z.„, (2,),„4e.L.-JE 1., ,IL•r • r. - t..."1.'.?". 7"S.J451''.1r,,,1';_'' . , ,4„. „,,,,,.7,...T...4,4: .3,-...`,,c,„ .i, r V v , 1,;.,, ' ' ..-/ , lh ' • :' . i,...,..F.41.6‘ 6 1 th....41 . * • . 4.40t **: '' -'' ..' ''-'t: .' • ..--- '1 giii' - . /04 -.-- .101LIL3 ,,. Aiict....„. 1 6 r11 • .61 1-.1 . , Vi -"e'Vil ' ' . li, r}, 4' ,,„4,7 ' r• ' y * t :44c i , 1. * ...)..1,y*, ,' •,,,,,,,i110 ',;': ( ;"•/.. i''''-' :.14:::;:- Figure 18. Gap Analysis Project modeled habitat for the coyote in Colorado. Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 w 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons 107 10 10 0 50 100AWs 0 50 1011 950 N1emMw' 1 107 105 103 -40 Page F19 Figure 19. Distribution of the coyote in Colorado ). Source: Fitzgerald et al. (1994305). Beattie Wildlife Consulting, Inc. November, 2003 116 1 1 1 1 1 • 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons 107 • 105 103 Page F20 Figure 20. Distribution of the desert shrew in Colorado (1111). Source: Fitzgerald et al. (1994:89). Beattie Wildlife Consulting, Inc. November, 2003 1 i1 1 1 1 1 1 M 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Paae F21 Figure 21. Distribution of the dwarf shrew in Colorado (in). Source: Fitzgerald et al. (1994:81). Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 1 1 1 1 1 1 i6 1 Wildlife Report for the Proposed Mamm Creek Commons Page F22 Figure 22. NDIS mapped elk winter range (0) on the proposed Mamm Creek Commons. Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1M 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page F23 Figure 23. NDIS mapped severe elk winter range ( ) on the proposed Mamm Creek Commons. Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 r 1 1 1 1 1 t 1 Wildlife Report for the Proposed Mamm Creek Commons Page F24 MOM - f ipA WawMArgAMMIMINIIMIIMOIIIMP , A MIIMIPMWM8.11111TrAlrWAT LT . 4 e+.s rr.a4 tui cs.w tz.vonrwrr w.uic�1F�. .�wrrws��w rxsal rafroMIME rUNWIF. MEM mfflossumm IMMO Ai WSW Art 4. Arr. .41/0.81/NIWNISSIMS. mr aF -., =fir Natural DiveattyInfo rmativn ourrv_0 OA5mi. Figure 24. NUS mapped mule deer winter concentration area (E51) on the proposed Mamm Creek Commons. Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 M 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons .Igfir`f' r r -r 1 11 } 1" f Natuwl DivaasRy,lnformaton'Source ti Page F25 1[ii 1.11111 lliiill Figure 25. NDIS mapped severe mule deer winter range (®) on the proposed Mamm Creek Commons. 1 1 Beattie Wildlife Consulting, inc. November, 2003 1 1 1 1 1 1M 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page F26 Figure 26. Gap Analysis Project modeled habitat for the gray fox in Colorado. Beattie Wildlife Consulting, Inc. November, 2003 10 1 1 1 1 1 1 1 M 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Pa a F27 Figure 27. Distribution of the gray fox in Colorado (s ). Source: Fitzgerald et al. (1994:316). Beattie Wildlife Consulting, inc. November, 2003 1 1 1 1 1 1 M 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page F28 Figure 28. Gap Analysis Project modeled habitat for the kit fox in Colorado. Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Re ort for the Pro+osed Mamm Creek Commons ,0 38 107 105 403 Pa+e Figure 29. Distribution of the kit fox in Colorado (• ). Source: Fitzgerald et al. (1994:309). F29 Beattie Wildlife Consulting, inc. November, 2003 1 1 1 1 1 w 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page F30 Figure 30. Colorado Division of Wildlife lynx potential habitat ( ) map. Source: www.ndis.nrel.colostate.edu/excopiimagesimapsilynx.jpg. Beattie Wildlife Consulting, Inc. November, 2003 1 1 Wildlife Re • ort for the Pro +osed Mamm Creek Commons Pa a F31 Figure 31. Historical distribution of the lynx 0)) in Colorado (Fitzgerald et al. 1994:370). Beattie Wildlife Consulting, Inc. November, 2003 107 105 103 1 r r - ---1 r --_ 1 p SC 1pp M. 1 0 SD tp0 160 Mibrn ws 107 175 103 Figure 31. Historical distribution of the lynx 0)) in Colorado (Fitzgerald et al. 1994:370). Beattie Wildlife Consulting, Inc. November, 2003 1 i1 1 1 1 1 1M 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page F32 Figure 32, Distribution of the meadow vole in Colorado ). Source: Fitzgerald et al. (1994:284). Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page F33 Figure 33. Gap Analysis Project modeled habitat for the mountain cottontail in Colorado. Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page F34 Figure 34. Distribution of the mountain cottontail in Colorado (1). Source: Fitzgerald et al. (1974:145) Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons _ Page F35 0 107 105 10 0 Figure 35. Distribution of the mountain lion in Colorado (* ). Source: Fitzgerald et al. (1974:368). Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Pape F36 Figure 36. Distribution of the northern river otter in Colorado. Open circles represent historic records of occurrence. Solid circles represent restored populations. Source: Fitzgerald et al. (1994:363). Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page F37 Figure 37. Distribution of the Ord's kangaroo rat in Colorado (It). Source: Fitzgerald et al. (1994:224). Beattie Wildlife Consulting, inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page F38 Figure 38. Gap Analysis Project modeled habitat for the red fox in Colorado. Beattie Wildlife Consulting, Inc. November, 2003 • t Wildlife Report for the Proposed Marnm Creek Commons Page F39 107 05 103 107 105 103 40 38 Figure 39. Distribution of the red fox in Colorado (e). Source: Fitzgerald et al. (1994:314). Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page F40 Figure 40. Gap Analysis Project modeled habitat for the snowshoe hare in Colorado. Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 • 1 1 1 1 1 1 Ito Wildlife Report for the Proposed Mamm Creek Commons Pace F41 107 105 10 00 100 156,00' 107 105 -0 Figure 41. Distribution of the snowshoe hare in Colorado (e). Source: Fitzgerald et al. (1994:148). Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Marnm Creek Commons Pape F42 Figure 42. Distribution of the spotted bat in Colorado ( mit (1994:127). )• Source: Fitzgerald et al. Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page F43 Figure 43. Gap Analysis Project modeled habitat for the swift fox in Colorado. Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page F44 4 7 Figure 44. Distribution of the swift fox in Colorado (r ). Source: Fitzgerald et al. (1994:331). Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page F45 Figure 45. Distribution of Townsend's big -eared bat in Colorado Co ). Source: Fitzgerald et al. (1994:123). Beattie Wildlife Consulting, Mc. November, 2003 1 Ile 1 1 1 1 1 1 M 1 1 1 1 1 Wildlife Re ort for the Pro•osed Mamm Creek Commons 107 105 70 107 505 703 Pa•e F46 Figure 46. Distribution of the white-tailed antelope squirrel in Colorado ). Source: Fitzgerald et al. (1994:170). Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page F47 107 105 103 Figure 47. Distribution of the Yuma myotis in Colorado ( ). Source: Fitzgerald et al. (1994:109). Beattie Wildlife Consulting, Inc. November, 2003 1 16 1 1 1 1 1 1 M 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page F48 Winter Primary range 11111 Secondary range Summer • Confirmed breeding in summer e Summer nonbreeding site Figure 48. Bald eagle winter and summer range in Colorado (Andrews and Righter 1992:68). Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page F49 Figure 49. Gap Analysis Project modeled habitat for the bald eagle in Colorado. Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page F50 Figure 50. Gap Analysis Project modeled habitat for the blue grouse in Colorado. Beattie knife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamrn Creek Commons Pa a F51 Figure 51. Distribution of the blue grouse in Colorado (m). Source: Andrews and Righter (1992:348). Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 • 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page F52 Figure 52. Gap Analysis Project modeled habitat for the chukar in Colorado (•). Beattie Wildlife Consulting, inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page F53 Figure 53. Distribution of the chukar in Colorado (0). Source: Andrews and Righter 1992:87). Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page F54 Figure 54. Gap Analysis Project modeled habitat for the Columbian sharp -tailed grouse in Colorado (•). Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page F55 Historical Distribution r-' • • L_ri . F " -. ._. • f-- Current Distribution Figure 55. Historical and current distribution of the sharp -tailed grouse in Colorado (•). Source: Andrews and Righter (1992:93). Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page F5f Figure 56. Gap Analysis Project modeled habitat for the ferruginous hawk in Colorado i♦, ). Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 M 1 1 1 1 1 1 1 Wildlife Re ort for the Pre osed Mamm Creek Commons Page F57 Migration & Winter Summer Figure 57. Migration, winter, and summer range (V) of the ferruginous hawk in Colorado (Andrews and Righter 1992:79). Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 M 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page F58 Sumner • ♦♦ `'' 1 1' Yn ♦ w I^- 'L---4. Migration Figure 58. Distribution of the long -billed curlew during summer and migration (•) in Colorado (Andrews and Righter 1992:122). Beattie Wildlife Consulting, inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page F59 Figure 59. Gap Analysis Project modeled habitat for the Mexican spotted owl in Colorado (0 ). Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 11 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page F60 Figure 60. Records of occurrence of the Mexican spotted owl in Colorado (•). Source: Andrews and Righter (1992:178). Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 • 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page F61 Figure 61. Gap Analysis Project modeled habitat for the ring-necked pheasant in Colorado $ ). Beattie Wildlife Consulting, inc. November, 2003 1 1 1 1 1 1 M 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page F62 Figure 62. Distribution of the ring-necked pheasant in Colorado (s). Source: Andrews and Righter 1992:88). Beattie Wildlife Consulting, Inc. November, 2003 1 i Wildlife Report for the Proposed Mamm Creek Commons Page F63 Summer Migration Winker Figure 63. Migration, winter, and summer range of the sandhill crane in Colorado (Andrews and Righter 1992.104). Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page F64 Figure 64. Approximate range of the southwestern willow flycatcher in Colorado (0). Source: redrawn map obtained from Terry Ireland, Division of Ecological Services, U.S. Fish and Wildlife Service, Grand Junction, Colorado. Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page F65 Figure 65. Gap Analysis Project modeled habitat for the western burrowing owl in Colorado 4). Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page F66 Summer Winlar Figure 66. Summer and winter range of the western burrowing owl in Colorado (Andrews and Righter 1992:177). Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 • 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page F67 MOFFAT '1 , LOGAN WELD 11 ,IhCKSprl `. GRAND EAGLE rBOULD \ Alvin\. t .0 –: CLEAR , iSkrumATICREEK' PARK MORGAN [ ` ] ..�... r YUMA A ADAMS 7wist.INGToty I I ARAPANOE' —._—__i_'.J_..___... 1 €LSEAT KCl I DOUGLAS 1 I I CARSON IMONT SAN MIGUEL DOLORES BAN f _------_ f .rUAra — 7.10‘ ERA • j I ----L -- 1,1ONTEZUI A /+' 111•I LA PLATA 1 1•(, _ - rTELLiH LINCOLN -•• -- i ID` EL PASO gjr CHEYENNE FREMONT _—_.—. --' ••:. -� :c owLEY • KIOWA SAGUACRE GGsrER �L• r.. OTERO j HUEOFANO 1 '•_yI �__ I ALAMOSA7•-`� - �."._-L `�•- 44 ! BAGA PUEBLO BENT " PROWERS • CO MS LAS AN WS Figure 67. Areas of fairly common migrational sightings of whooping cranes in Colorado (172). Source: redrawn map obtained from Terry Ireland, Division of Ecological Services, U.S. Fish and Wildlife Service, Grand Junction, Colorado. Beattie Wildlife Consulting, inc. November, 2003 Wildfsfe Report for the Proposed Mamm Creek Commons Page F68 Figure 68. Gap Analysis Project modeled habitat for the wild turkey in Colorado (S ). Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page F69 Figure 69. Distribution of the wild turkey in Colorado (• ). Source: Andrews and Righter 1992:64). Beattie Wildlife Consulting, Inc. November, 2003