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Home My WebLink About1.0 ApplicationGARFIELD COUNTY RECEIVED Building & Planning Department 108 8th Street, Suite 201 MAR 0 7 2005 Glenwood Springs, Colorado 81601 Telephone: 9713.945.8212 Facsimile t ,mfor Special Use Permit GENERAL INFORMATION (To be compelled by the +PPS ) • Street Address 1 General Location of Property_ 13 PF x d )vet ram 0V 1 Mii- 1-1-1 ,7i1 AKE) ks7 Cc.'(.4r.)1 'd I -1I /Z:U5-745 1.3 1 9 '4 ) r Legal Description: 1 i _c_ § L-41). ivrr f> :A4 C "J? -7-14x i j? 'iv 5k740--icv,l �!(- i- s S , i4ll411 ➢ Existing Use & Size of Property in acres: Vae i sr ''7 19 *c -5- r Description of Special tise Requested: est C I_ i�'lr1W',1Y45 S`�C `) literie_"i:%:" #— %'k CS U i s-1-] i T CAC_ i" Zone District r1 ➢ Narne of Property Owner (Applicant): K4hit-ivi C L L f/ O 1—fir i} Address: LiS ICS h w y Telephone:a'Z—+ > City: (:,,.s i-ci C t? E/Ks State: Cr.) Zip Code: Slit/ FAX: 4' 7- i.1.: s. Dame of Owners Representative. if any (A#tomey. Planner, etc): Y Address: ►ri. iJ.a 2 y City:f, Telephone: 5- Li -ft/ State: ('',.C' Zip Code: + ! St' FAX: 'q45 STAFF USE ONLY • Doc" No.: Date Submitted: TC Date: Z Planner: Hearing Date: L APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. 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. 2. 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. 3. 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 all mineral rights owners of the subject property and public and private landowners adjacent to your property (which should be delineated). In additional, submit a list of all property owners 3 and their addresses adjacent to or within 200 ftof the site. This information can be obtained from the Assessor's Office. 6. Submit a copy of the deed and a toga/ description of the subject property_ 3 7. If you are acting as an agent for the property owner, you must attach an acknowledgement N )� from the property owner that you may act in his/her behalf. 8. Submit an 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 5.03.07 & 5.03.08], Accessory Dwelling Units [section 5.03.21], Utility IinefUtility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at iiip.iiwww.4{cli ii iU 4.I?Lit ii'y .4.471 iiiuuiiiiii iy til ui pial li iii iurii iu�n.i itis i, 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. II. 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 under paragraph (1) 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 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 whicryis correA and accurate to the best of my knowledge. (Signature of applicantlowner) Last Revised. 11/07/2002 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, 1 -sourly 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 aceepted 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 BASE FEE Vacating Public Roads & Rights -of -Way $400 Sketch Plan $325 Preliminary Plan $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey Final Plat $200 Amended Plat $100 Exemption from the Definition of Subdivision (SB -35) $300 Land Use Permits (Special Use/Conditional Use Permits) • Administrative/no public hearing $250 • Board Public Hearing only $400 • Planning Commission and Board review & hearing $525 Zoning Amendments • Zone District map amendment $450 • Zone District text amendment $300 • Zone District map & text amendment $500 • PUD Zone District & Text Amendment $500 • PUD Zone District Text Amendment $500 Board of Adjustment • Variance $250 • Interpretation $250 Planning Staff Hourly Rate • Planning Director $50.50 ■ Senior Planner $40.50 ■ Planning Technician $33,75 • Secretary $30 County Surveyor Review Fee (includes review of Amended Determined by Surveyors Plats, Final Plats, Exemption Plats) Mylar Recording Fee $11 — l' page $10 each additional page Page 2 The following guidelines shall be used for the administration of the fee structure set forth above: AH 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. 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. In the event that the Board determines that special expertise is needed to assist them in the review ofa 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. b. 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. 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 1 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 1 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. GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and j(. v"�1�rr.1 C i t' ((M p('� t (hereinafter APPLICANT) agree as follows: {� 1 APPLICANT has submitted to COUNTY an application for C-_(` ti t ' S ' 'C (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. 1 APPLICANT 1 i 1 Signature Date: ` ,1 u Print Name • Mailing Address: ( 1 elk_ J L' 10/2004 1 Page 4 REOUEST PROJECT INFORMATION To build 3 separate buildings for central operations of gas and oil related development companies as a Special Use Permit including the storage of oil and gas drilling equipment and materials, storage of heavy equipment, and material handling of natural resources. PROPERTY OWNER Mamm Creek Commons, LLC. APPLICANT Donald Scarrow LOCATION Approximately 1 mile south of the Garfield County Airport on County Road 319 SITE SIZE 47.19 acres WATER Central Water System SEWER ISDS EXISTING ZONING Ai RIRD SURROUNDING ZONING AIR/RD 1. APPLICATION HISTORY 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 of the Zoning Resolution of 1978, as arnended. The applicant requests this referral be waived as the BOCC has approved similar requests for adjacent lands without requiring a Planning Commission review thereby setting a president for BOCC review only. 17. DESCRIPTION OF THE PROPOSAL Generally, the Applicant proposes to build and operate or lease three (3) separate buildings of approximately 9,000 sq. #L for oil and gas industry companies in and near the Grass Mesa Area and by code, allowing storage of oil and gas drilling equipment, storage, or material handling of natural resources. The use would include storage of oil and gas industry related vehicles of various size, a repair shop and maintenance facilities, warehouse, and office facilities on 2 plus acre building envelopes for each of the three buildings. Hours of operation are proposed to be 24 hours although operations that would generate excessive noise will be limited to 8 am to 6 pm Monday through Friday. Electric power service is provided by Xcel Energy and is in place. The point of contact is 'Tillman McSchooler at (970-244-2695). There is a 25 kV 3-phase electrical feeder that is available to service the sites. This feeder is located on the east side and adjacent to County Road 319. A connection to the overhead line will be required to service each site. There is a medium pressure (60 psi) 4 -inch gas main approximately 1 mile from this property. This gas main is located on the south side of Airport Road in an existing 15 -foot easement adjacent and parallel to Airport Road. Extensions of this main are not planned at this point and time, therefore; LP tanks will be used for each site. Telecommunications will be provided by QWest. The point of contact is Gary Gibson at (970-244- 4308). ITL SITE DESCRIPTION The topography of most of the 47.19 acre site generally slopes easterly in direction, is composed geologically of loess wind blown soils, and is covered with sagebrush and pinion and juniper trees. The adjacent land uses are considered to be medium to heavy intensity industrial uses. Other nearby uses include relatively large properties consisting of grazing and pastureland and BLM land. Most of the property surrounding the subject site is privately owned. All of the land within the permit boundary and surrounding areas are not within the 100 -year flood plain. A drainage plan study of the area has been provided by High Country Engineering and is included herewith as Exhibit F. IV. COMPREHENSIVE PLAN REVIEW STANDARDS Land Use Maps: The property lies within Study Area 3 and is designated on the proposed land use map as: Outlying Residential, 2 -acre minimum. This application is consistent with uses in the surrounding area. Special Use Permits similar to the request of this application have been approved on adjacent properties. Text of the Garfield County Comprehensive Plan of 2000: consider the following Goals, Objectives, and Policies that apply to the proposal: a. Goals Garfield County will encourage the long-term commercial and industrial development of a diversified industrial base for the County which recognizes the human resources, natural resources, and physical location -to -market capabilities of the community, and which further recognizes and addresses the social and environmental impacts of industrial uses. The intent of the owners is to construct 3 buildings and lease developed sites to companies which provide support to the gas development ongoing in the vicinity of this property. Locating industrial development in this location is consistent with the Plan as there are other light industrial uses in the area. The use will include office space, warehouse space, shop areas, and exterior storage yards. The impact of the proposal on the environment has been met. No buildings will be constructed on a site less than 2 acres. Metal and or block buildings are anticipated to be the primary structure erected on the property. Sizes may range up to 9,000 square feet depending on specific requirements. Building heights shall be less than 25 ft. in compliance with Section 3.02.07 of the Garfield County Zoning Resolution of 1978. b. Objectives 4.2 To ensure that commercial and industrial developments are compatible with adjacent land uses and mitigate impacts identified during the plan review process. The property is located in rural and partially developed areas of the County, which is mainly used for similar industrial uses and rangeland. 4.3 Encourage the location of industrial development in areas where visual, noise, air quality, and infrastructure impacts are reduced. Due to the visibility of this property landscaping is considered to be an important item of this Special Use Permit application. Sagebrush is the existing dominate feature of the land with a few trees in the wash areas and slopes. The nature of the expected occupants' operations is not anticipated to desire yard landscaping and much of the existing sagebrush will be replaced with graveled yard storage areas. These graveled yards will be required to be maintained for weed control. The lands between the gaveled yards and the CR 319 R.O.W. shall include planting of shrubs and trees consistent with the requirements previously attached to other Special Use Permits approved. for adjacent lands. Irrigated grccnbelt areas including lawns, shrubs, and trees will be provided and maintained at each access point to CR 319. A minimum of 1000 square feet per building will be provided as this landscaped greenbelt area. The greenbelt area shall also provide the location of the sign monument indicating the occupant of the building. In addition to the greenbelt areas, sections of the site shall include a landscaped berm with obscuring fencing or trees will be provided in order to break-up and visually improve the appearance of the exterior storage yards. V. TUNING RESOLUTION REVIEW STANDARDS Special Uses are subject to the standards in Section 5.03 of the Zoning Resolution. In addition, the proposed use, due to its industrial nature, shall also be required to address the industrial performance standards in 5.03.07 and 5.03.098 of the Zoning Resolution. A. Section 5.03 Review Standards 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. As evidenced within Tab 4 of the application a contract has been approved by the West Divide Water Conservation District which provides the legal augmented water for this Special Use Permit Application. Physical water is provided by a well constructed en the property as allowed with Well Permit #61926 which is also included in Tab 4 of this application. Engineered ISDS will be obtained on each site. Sites will be 2 -acres as a minimum in order to accommodate the proposed ISDS. The fire protection system is in place and includes storage requirements approved by the Rifle Fire Chief, Mr. Mike Morgan. Additional fire hydrants will be installed in locations as directed by Mr. Morgan as the project moves fowanL Each building incorporates a 3 hour fire wall separating the shop and office area of the buildings. 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. Street improvements are not required in order to accommodate traffic volume. Safe and convenient access to the use is in place. Garfield County Road & Bridge Foreman, Mr. Jake Mall has reviewed the site and requested all drives be combined to the extent possible. Drives shall also have a stop sign installed at the entrance to CR 319 and have a width of 60 ft. minimum. Permits have been obtained for the required driveway and is included as Exhibit A. As evidenced with Exhibits B and C which were provided by the City of Rifle and Mr. Mall during the Lazier Special Use Permit process, support for moving the gas subcontractors closer to the gas fields is indicated. This application is similar to that of the Lazier application. The applicant believes that locating gas development related companies on these lands will lessen traffic on the roads to the North of the property thereby increase the safety for those using these roads. A copy of the Traffic Study prepared for the Lazier Special Use Permit application is included as Exhibit D. This report was prepared by High Country Engineering and included the lands of this application as well as that of the Lazier application. 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. Fencing shall be permitted for security purposes of storage yard areas. Chain Link or similar standards will be required. Hog -wire with steel posts shall be considered as an example of similar standards Wood fencing materials shall not be allowed. Fence heights shall be limited to six (6) feet. Obscuring fencing shall be limited to storage yard areas and used in conjunction with a 2 ft. to 3 ft. landscape berm. The use of obscuring fencing shall be discouraged as it limits security views from CR 319. No obscuring fencing shall be placed within fifty (50) feet of the CR 319 R.O.W. Landscaping including evergreen trees will be provided to minimize visual impact. B. Section 5.03.07 Industrial Operation Industrial Operations Impact Statement Industrial Operations shall be limited to sales, fabrication, storage, and repairs of industrial related materials and equipment. Extraction, mineral waste disposal, or processing of mineral waste materials shall not be permitted on these lands. Operations shall be required to comply with the following: A) No operations shall be permitted that depletes, pollutes, or otherwise affects surface run-off, stream flow, or ground water. The extraction of materials or water through any washing of equipment shall be required to be stored in a seal tight container and removed from the site. Examples of seal tight containers would incorporate sand traps constructed of concrete and designed to prevent leakage. When these containers require cleaning, the materials shall be removed and disposed of off site. Materials or water not normally associated with residential use will not be allowed to be discharged into the septic system or otherwise disposed on these lands. 13) There shall be no generation of vapor, dust, smoke, glare, vibrations, or other emanations permitted on these lands. To the extent possible work being performed on equipment will take place in the shop area of each building. The exterior yard areas are provided for storage and shall be graveled for emanation control. Storage of materials including the following items will be allowed upon the graveled storage yards and warehouse space of each site: Pipe and fittings up to 24 inch in size Valves and specialty items of various sizes Frac sand Lost circulation material Well heads Drilling mud Drilling foam. Drill pipe Casing Equipment filters Wire spools All materials whether stored in the building or upon the storage yard areas shall require MSDS (Material Safety Data Sheets) information and compliance in order to be stored on the premises. Storage of heavy equipment including the following shall be allowed upon the exterior storage yards of each site: Backhoes Trackhoes Motor graders Dozers Skidsteers Semi -trucks Semi -trailers Dump trucks Ditching machines Hydro testing units Water trucks Water tanks and containers Water pumps Generators Compressors Welders Storage of oil and gas drilling equipment including the following shall be allowed upon the storage yards of each site: Drill bits Shakers Screens Work over rigs Frac tanks Amin units Separators Foam injector units X-ray units Frac hoods Wire line units Mud tanks Repair work on stored equipment is anticipated to take place in the shop area of each building. Storage is designed for keeping of materials and equipment when these items are not in use on a drill site. C) There shall be no creation of hazardous attractions that may impact wildlife or domestic animals on these lands Fencing shall be designed in a manner that does not block migration routes of wildlife. As a part of a Special Use Permit Resolution 2004-109 a Wildlife Report was prepared and submitted to the Division of Wildlife for review. This report included the lands of this application. The Division of Wildlife had no objections to the design included in Resolution 2004-109 and this application is similar in design and scope. D) Truck and automobile traffic shall be required to be operated in a safe manner. A stop sign shall be required and adhered to for all traffic prior to the entrance onto County Road 319. The traffic study report prepared by High Country Engineering is included with this application. E) There shall be no uses permitted on these lands that might damage adjacent properties. Through the use of landscaping buffers visual damage to adjacent properties will be protected. Physical damage to adjacent properties is protected by fencing of each site. F) There shall be no uses permitted on these lands that would cause site rehabilitation be performed upon removal oft the condition. Conditions identified in the industrial Performance Standards shall be adhered to as well as these conditions. Together these requirements control the use in order to prevent site damage which may otherwise result in rehabilitation measures being required.. C. Section 5.03.08 Industrial Performance Standards Supplementary Use Regulations The following items of Supplementary Use Regulations Section 5.03.08 shall be considered as a condition of approval for this Special Use Permit. The applicant has prepared and submitted ten (10) copies of these industrial performance standards herewith. These standards shall be an attachment to all leases entered into on these lands. Industria! Performance Standards All industrial operations in the County shall comply with applicable County, State, and Federal regulations regulating water, air, and noise pollution and shall not be conducted in such manner as to minimize heat, dust, smoke, vibration, glare and odor and ail other undesirable environmental effects beyond the boundaries of the property in which such uses are located, in accord with the following standards: 1. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes 2. Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located. 3. Emissions of smoke and particulate matter_ every use shall be operated so as to comply with all Federal, State, and County air quality laws, regulations and standards. 4. Emission of heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Haring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision. 5. Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and local fire codes and written recommendations/comments from the appropriate local protection district regarding compliance with the appropriate codes. 6. At the discretion of the County Commissioners, all outdoor storage facilities may be required to be enclosed by fence, landscaping or wall adequate to conceal such facilities from adjacent property. Site plans including landscape and fencing will be provided with each building permit application. 7. No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces. 8. Any repair and maintenance activity requiring the use of equipment that will generate noise, odor or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a.m. to 6 p.m., Monday through Friday. 9. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. 10. Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. 11. Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. Percolation tests or ground water tests may be required by local or State Health Officers must be met before operation of the facilities may begin. BOUNDARY DESCRIPTION (MAMM CREEK COMMONS, LLC) A PARCEL OF LAND SITUATED IN THE S112SE114 OF SECTION 23, AND THE NW1/4NE114 OF SECTION 26, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SDXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH 1/4 CORNER OF SAID SECTION 23, ALSO BEING THE NORTH 1/4 CORNER OF SAID SECTION 26, AND BEING A GARFIELD COUNTY SURVEYOR BRASS CAP; THENCE N.00'05'00"E. ALONG THE WEST LINE OF SAID SIP2SE1/4 OF SECTION 23, 1320.22 FEET TO THE NORTHWEST CORNER OF SAID S 1125E 1/4; THENCE N.89°48'41 "E. ALONG THE NORTH LINE OF SAID S112SE114 1349.96 FEET TO A POINT ON THE WESTERLY 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 S.07'33"40"W. ALONG SAID WESTERLY RIGHT OF WAY LINE 288.00 FEET, TO A POINT IN THE CENTERLINE OF AN EXISTING 60 FOOT ROAD EASEMENT AS DESCRIBED IN BOOK 594 AT PAGE 886 IN THE RECORDS OF THE GARFIELD COUNTY CLERK AND RECORDERS OFFICE; THENCE LEAVING SAID WESTERLY RIGHT OF WAY LINE AND ALONG SAID CENTERLINE S.66'56'40"W. 394.91 FEET; THENCE CONTINUING ALONG SAID CENTERLINE S.64'01'12"W. 353.57 FEET; THENCE CONTINUING ALONG SAID CENTERLINE S.59.49'59"W. 192.73 FEET; THENCE CONTINUING ALONG SAID CENTERLINE S.64'36'03"W. 160.45 FEET; THENCE LEAVING SAID CENTERLINE 5.01.37'09"W. 1097.35 FEET; THENCE N.86'18'19"E. 201.48 FEET; THENCE N.28"08'42"E. 684.95 FEET; THENCE N.8919'50"E. 361.46 FEET, TO A POINT ON SAID WESTERLY RIGHT OF WAY LINE OF COUNTY ROAD 319; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE S.08'21 `51 "W. 82.69 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT OF WAY LINE 5.10'0324"W. 210.75 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT OF WAY LINE S.15 ° 14' 12"W. 310.93 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE S.17"23'24"W. 284.59 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT OF WAY LINE S.24'05'58"W. 169.13 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT OF WAY LINE S.25'2426"W. 428.24 FEET TO A POINT ON THE SOUTH LINE OF SAID NW114NE114; THENCE LEAVING SAID WESTERLY RIGHT OF WAY LINE AND ALONG SAID SOUTH LINE S.89°39'50"W. 681.43 FEET TO THE SOUTHWEST CORNER OF SAID NW 114NE114; THENCE N.01 `0722"W. ALONG THE WEST LINE OF SAID NW 114NE114 1320.18 FEET TO THE POINT OF BEGINNING. ABOVE DESCRIBED PARCEL CONTAINING 47.19 ACRES, MORE OR LESS. ARTICLES OF ORGANIZATION Form 400 Revised July 1, 2O Filing lee: $511.00 Deliver to: Colorado Secretary of Slate Business Division 1560 Broadway, Sulie 200 Denver, GO 00202-5189 This document must be typed or machine privied Copies at Red documents may be obtained at revivr,sosztaleaxkus 4-rA ots.or--.711 court r 0031291%19 H ® t;a7RET- Tfie C. STATE 09-10-2336 1409Z11 ASOIPE SPACE MO orpmg USE OOZY Pursuant to §7-80-203, Colorado Revised Statutes (C.R_S.), the individual named below causes these Articles of Organation to be delivered to the Colorado Secretary of State for filing and states as follows: 1. The name of the Limited abi Fr I y company ts Mamin Creek Commons LLC. 2. The principal place of business of the limited liability company is 45705 Highway 6 and 24. Glerivirood Springs, Colorado 81601. 3. The name, and the business address, of the registered agent for service of process on the limited liability company are Jimmy LC Sills, 45705 Highway 6 and 24, Glenwood Springs, Colorado 81601. 4. a. Si the menagerie, to the Emitted ha laTily company is vested MOOVOCS. Matt the bar t -The management of the &riled kablity company is vested ki managers rather than members.' The name and business address of the initial manager is: Jimmy M. Silts, 45705 I-bghway 6 and 24, Glenwood Springs, Colorado 81601 b. If the management of the kiwied labty company is m21 rested In managers mew than mens. The name(s) and business(es) of the initial rniernber(s) Ware): Name(s) Business Address(es) 5. The narne and mailing 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 Dan Kerst. Esq., 302 Eighth Street, Suite 310, Glenwood Springs, Colorado 81601. The Colorado Secretary of State may contact the following authorized person regarding this document Dan Kerst, Esq., 302 Eighth Street Suite 310, Glenwood Springs, Colorado 81601; Voice: (970) 945-2447; fax (970) 945-2440; E-mail: darikersipc@hotmail.corn f...^.0T.iPtiTER UFO: OE CO;IIELET 1111111 11 10J 111111111111!11111 111111111111f11m1III I 638354 /2083 81528 183 h p� 1 of 1 R 6 . ee D 8.88 GARF IELD Cti(MITY CQ STATEMENT OF AUTHORITY HEKE NAME OF ENTITY: The name of the entity to which this Statement relates is Mamm Creek Commons LLC. TYPE OF ENTITY: The entity is a Limited Liability Company formed under the laws of the State of Colorado. MAILING ADDRESS: The mailing address for the entity is 45705 Highway 6 and 24, Glenwood Springs, Colorado 81601. AUTHORIZED PERSON: The names and positions of the person authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity are as follows: Name Jimmy M. Sills LIMITATIONS: None. Position Manager Dated this 20th day of September , 2003. STATE OF COLORADO } } ss. COUNTY OF GARFIELD } The foregoing instrument was subscribed, swam to and acknowledged before me this 20th day of septembex , 2003, by Jimmy M. Silas, as Manager of Mamrn Creek Commons LLC. WITNESS my hand and official seal. My Commission expires: 10/31/2003 •.1M„Mrt+rtes u.:irtT11I M lfls • ii iNorq .° Notary Pu.lic APT 'U]LLRWNG 11MT'VI '•O. x:1.'11 i;,S7C, KKl1.T h ll1:.•l"11—rM:N 3/32 Y71[ ti -r., :1 1 ue 1:1,, ;;\1rt • 1 C:131.1 f.111 1 111111 1u!!! 111111 11111 ! 1! on 1 I ! 1 in PL 638355 10/09/2003 11:07A 81528 P84 h ALSDORF 1 of 3 R 16.80 D 0.08 C iFIELD COUNTY CO SPECIAL WARRANTY DEED Jimmy M. Sills, Grantor, for good and valuable consideration, in hand paid, hereby sells and conveys to the Mamm Creek Commons LLC, Grantee, whose legal address is 45705 Highway 6 and 24, Glenwood Springs, Colorado 81601, the following real property in the County of Garfield and State of Colorado, to wit: See Exhibit 'A" attached hereto and incorporated herein by this reference; with all its appurtenances, and warrants the title to the same against all persons claiming under the Grantors. NO DOCUMENTARY FEE REQUIRED: Consideration less than $500,00. SIGNED this 2Oth day of September STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) , 2003. The foregoing instrument was acknowledged before me this 20th day of September , 2003, by Jimmy M. Sills. WITNESS my hand and official seal, My Commission expires: x.0/31/2003 ‘osil1411 Ili i di 14,04., OTARY, �y Notary Public Micr reccalting Pawn to SChCILI. Keasi & dcWmtcr 302 8th Si.. Src. 3I0. Gknwoud Springy.. CO 8IG01 r'i g -a e n a BOUNDARY DESCRIPTION (47.20 ACRES) m 5 A PARCEL OF LAND SITUATED IN THE SWI14SE1/4 OF SECTION 23, AND THE ▪ ' •, NW114NE114 OF SECTION 26, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH r▪ a„ r PRINCIPAL MERIDIAN, GARFIEL) COUNTY, COLORADO; SAID PARCEL BEING '• ,, MORE PARTICULARLY DESCRIBED AS FOLLOWS: EXHIBIT "A" Page I Ci a m © BEGINNING AT THE SOUTH 1/4 CORNER OF SAID SECTION 23, ALSO BEING THE "n 64 NORTH 1/4 CORNER OF SAID SECTION 26, AND BEING A GARFI1� COUNTY ri SURVEYOR BRASS CAP; THENCE N.00'°05'00"E. ALONG THE WEST LINE OF SAID e SWI.4SE 1 /4 OF SECTION 23, 1004.88 FET; THENCE LEAVING SAID WEST LINE rr "I to m N.74°19'03 "E. 1143.00 FEET; 111ENCE S.00°0100"W. 364.95 FEb1, TO A POINT IN THE ICENTERLINE OF AN EXISTING 60 FOOT ROAD EASEMENT AS DEED 14 BOOK mop 0 o x., 594 AT PAGE 886 IN THE RECORDS OF THE GARFIE D COUNTY CLERK AND RECORDERS OFFICE; THENCE .'E S_66°56'40"W. ALONG SAID CENTERLINE 163.92 FEET; THENCE LEAVING SAID CENTERLINE S_45� 234.89 FEET; THENCE 5.08°21'52"W. 697.63 FEET; THENCE S.109)325"W_ 32..79 FEET; THENCE N.90°00'00"E. 152.34 FF..E 1, TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF COUNTY ROAD 319, SAID POINT BEING 30.00 FEET WESTERLY OF THE CENTERLINE OF THE E EXISTING ROAD; THENCE ALONG SAID WESTERLY RIGHT OF WAY 5.10°03425"W. 152.34 EEE 1; THENCE CONTINUING ALONG SAID RIGHT OF WAY 5.15°14'12`W. 155.46 ■ FEET; THENCE LEAVING SAID MITT OF WAY N_90°O0'0OOW. 4632 liter; THENCE ■ S.45°1938MW 851.971} T; THENCE N.90°00'OO"W. 415.17 FET, TO A P"OI111' ON THE WEST LINE OF SAID NWII4NE114 OF SECTION 26; THENCE N.01°0722°W. ALONG SAID WEST LINE 95229E ET, TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 47.20 ACRES, MORE OR LESS_ 1 1 1 1 1 1 1 1 SAID PARCEL OF LAND BEING ALSO REFERENCED AS PARCEL A AND PARCEL B AS DESCRIBED ON EXHIBIT "A - PAGE 2" ATTACHED HERETO. 1 1 EXHIBIT -A Page 2 Panel A A parcel of land situated in the SW1/4SE114 of Section 23. and the NW1/4NE114 of Section 26, Township 6 South, Range 93 West of the Srxth Principal Meridian, Garfield County, Colorado; said parcel being more particularly described as follows: Beginning at the South 1/4 corner of said Section 23. also being the North 1/4 comer of said Section 26, and 1 being a Garfield County surveyor brass cap; thence North 00'05"007 East along the West true of said SW1/4Sl=1/4 of Section 23. 1004.88 feet thence leaving said West fine North 74'19'03' East 1143.00 feet thence South 0O"01'00" West 364.95 feet, to a point in the centerfine of an existing 60 foot road easement as 1 domed in Book 594 at Page 886 in the records of the Garfield County Clerk and Recorders Office; thence South 66'56'40" West along said eenterIrne 163.92 feet; thence leaving said center** South 45'00100" East 234.89 feet thence South' 08621'52" West 697.63 feet thence South 10'0325" West 8279 feel; thence Nom 90'00'00" East 152.34 fest to a point on the Westerly right of way line of County Road 319. said point being 1 30.00 feet Westerly of the centerline of the existing road; thence along said Westerly right of way South 10'0325' West 152.34 feet theme continuing along said right of way South 15'14'17 West 155.48 fest thence leaving said right of way North 90'00100" West 46.32 feet thence South 45'19'38' West 851.97 feet Ithence North 'amour West 415.17 feet, to a point on the West lime of said NW114NE1/4 of Section 26; thence North 01'07127 West along said West bine 952.29 feet to the POINT OF BEGINNING. 'Pareel B A parcel of land situated in the SW1/4SE1/4 of Section 23, Township 6 South, Range 93 West of the Sixth Principal Meridian, Garfield County, Colorado; said parcel being more particularly y desc r bed as follows: 1 rleglnning at a point on the West lime of said SW 114SE114 whence the South 1/4 coater of saki Section 23, being a Garfield County surveyors brass rap bears South O0" 05'1)0" West 1004.88 feel; thence leaving said 1 West fine North 74'19'03" East 1143.00 feet thence South 00'01'+00" West 364.95 feet b a point in the centerline of an existing 60 fad road easement as described in Book 594 at Page 886 in the records of the Gatlieid County Clerk and Recorders Office; thence along semd centerline the following seven (7) cusses: 1) South 66'58'40' West 163.92 feet; I2) South 64'0112" West 353.57 feet 3) South .59'4959" West492173feet 4) South 64"361)3" West 160.85 feet 5) South 575012" West 135.23 feet I 6) South 55'56`48" West 1 21.28 feet 7) North 70'09'27' West 119.38 feet, to the West line of said SW114SE114; thence leaving said centerline North 00"o5o[i' East along saki West fie 550.00 feet to the POINT OF BEGINNING. 1 1611111,1121/1/11".511111ifl1101 11111 141111 101 1111 28023 : B1528 P86 rt ALS801tF Sof 3R 16.00t]0.00G IELDCMITY'CA ADJACENT LANDOWNERS Bureau of Land Management 50629 Hwy 6 & 24 Glenwood Springs, CO. 81601 319 Properties, LLC 45705 Hwy 6 & 24 Glenwood Springs, CO. 81601 319 Water Company LLC 45705 Hwy 6 & 24 Glenwood Springs, CO. 81601 Dalbo, Inc. P.O. Box 1168 Vernal, UT. 84078 Airport Land Partners, LTD. 312 Aspen Airport Business Center Aspen, CO. 81611 Benzel Livestock, LHP. 980 East Saddlehorn Road Sedona, AZ. 86351 2177 T. 6 S -R. 93 W. c f 1 ANWear Fermin& Is:" &WOW UM PIOMINIM MR alsragr Lisa PaltrigIZIL N ARIA Mineral Right 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 Lessees Snyder Oil Company 1625 Broadway Suite 2200 Denver, CO. 80202 I Fonn No. OFFICE OF THE STATE ENGINEER GWS -25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St, Denver, Coro 80203 (303) 866-3581 1 APPLICANT 1 1 1 1 1 1 1 1 1 1 1 • 1 EXST WELL PERMIT NUMBER 61926 - F DIV, 5 WD 45 DES. BASIN MD JIMMY M SILLS 45705 HWY 6 & 24 GLENWOOD SPRINGS, CO 81602- (970) 947-9511 CHANGEIEXPANCIQN OF USE OF ANIPIM1fN1G WELI APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SE 1/4 Section 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) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CoNDmoNS OF A?PROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury wit occur 10 another vested water right or preclude another ower of a vested wafer right horn seeking relief n a awl court action. 2) The construction of this well shall be in pompiance with the Water Wei Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by etre State Board of Examiners of Water Wel Constriction and Pump Irtstaiation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the icoesbuction of a wet. appropriating ground water tributary to the Colorado Rinner. a5 an alternate point of diversion to the Avalanche Canal and Siphon. on the condition that the wet shal be operand only when the We Divide Water Conservancy District's substitute water supply plan, approved by Ike Stale Engineer. is n effect. and when a water attolment contract between the wet owner and the West Divide Water Conservancy District for tlae release of replacement wake trorn Rued Reservoir is in effect, or under an approved plan for augmentation.. thiCA /CD contract 00402191101C(a). 4) Approved for the use of an existing well constnend on August 18. 2003. to a depth of 150 feet. under permit no. 252359 (Canceled). The issuance of this permit hereby cancels permit no. 252359. 5) This well L.azier!Sills Well no. 2, is subject to administration by the Division Engineer in accordance with applicable decrees, statutes, rubes. and regulations. 6) The use of ground water from this well is tinted ter fre prion, ordinary household prepares inside not more than teennty-he (25) sill* family &wetting units. the irrigation of not more than 4,000 square feet of home gardens and lawns per residential site, drinkng and sasriary fachk es inside not more than fourty-six (46) ct7rrnmefc3ial business units. irrigation of not more than 4.000 square feet of landscaping for each commercial unit. Total irrigation shal not exceed 6.52 acres (284.000 square feet) of home gardens and lawns and commend business landscaping. 7) The pumping rate of this well shall not exceed 35 GPM 8) The annual amort t of ground water to be appropriated shall not exceed 32.431 acre-feet. 9) This well shat be located not more than 200 feet from the location specified on this permit and at least 600 feet from airy existing weil, completed in the same aquifer. that is n0i owned by the applicant. 10) A totaizng now meter must be instated on this vrel and maintained in good working order. Permanent records of all diversions -rust be marnianed by the wet owner (recorded at least annually) and submitted to tine Division Engineer won request,. 11) The owner shall mark the well in a coosplcuous place with well permit nuttber(s), nine of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these rrnarkkxya_ n �y NOTE: Canceled permit no. 252359 was previously issued for this well 'Lazier#Siiks Wei no. 2" all this bcation. / NOTE: Parcel Identification Ntrnmber (PIN): 23-2177-234-00-512 /7,4, t.2/447,67,v NOTE: Assessor Tax Schedule Number. R040703 (totaling 47.20 acres) APPROVED DMW ,Receipt No. 950/1947 Stale Engineer DATE ISSUED 11-02-2004 Ry EXPIRATION DATE 11-02-2005 , 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 16.23. Sincerely yours, Madd, Oig- anet Maddock cc Division No. 5 Water Resources w/enclosure Kerry D. Sundeen, Hydrologist wienclosure Samuel B. Potter, President Kelly Couey, Vice President Robert J. Zanella, Secretary LaVeme Starbuck, Treasurer Bruce E. Wampler, Director "rem .lmrury 2064 PPLICATION TO AMEND WATER LEASE .FROM ivESI' DIVIDE WATER CONSERVANCY DISTRICT est Fourth %net, P. G. Box 1478, Rifle, Colorado 81650 Contract # 040219WC(a) Map #491 Date Activated 2/19/04 Date Amended 8,26104 IAPPLICANT INFORMATION ame: :3 i G u3PrrER C' n rnvtar U q ling address: 19-,S 7c,.5- H1A.' 4, L. ? -+ a tr.t= N okra `y .IAkC5 Cr?. S'l venni dephone: R 7C7 , 457. 9 5 II uthor-ized agent 1 COURT CASE #'s: Decree Case No. Augmentation Plan Case No. IUSE OF WATER RESIDENTIAL (check applicable boxes) IOrdinary household use Number of dwellings: 2 $ Subdivision: No. constructed units: p No. vacant lots: .-5 Deane garden/lawn irrigation of lesn.r30, sq. ft- [ethod of irrigation: 0 flood IB sprinkler 0 drip 1] other animal watering of 0 animals Fire Protection 1 ell Sharing ,lgreement for multiple owner wells must he bmitted. COMMERCIAL (check appiicabk boxes) Ilictiof units: 4.6 Total sq. ft of commercial units: c+ ofuse: r XHii`$IY A / 4.! OoQ C.f IczLk.,)i-.Jclarciert IINDUSTRIAL escription of use: vaPQ ration: Maximum weber surface to be ex esc:ription of any use, other than evaporation, and method of Lion, rate of diversion, and annum amount of diversion of any withdrawn from the pond: IMUNICIPAL ascription ofuse: 1 SOURCE OF WATER retire: to t 1_, Structure Name: j, t}G i Ci?I Si1� lance: I urf ce OStorage DGround water urent Permit # (if applicable) Direct Pumping: Tributary: Pon: ATION OF STRUCTURE 1 .5E 3 S 9 3 illi', 6 -nt Sectical Township Range Ntincipal Mesidnri Distance of well from section lines Elevation .5 7Oi r Well location address: (Attach additional pages for rmdtiple structures) 6. LAND ON WHICH WATER WILL BE USED (Legal description may he ided as an (madmen' ) S R) T Number of acres in tract i , c Inclusion into the District, at Applicant's expense, may be required. 7. TYPE OF SEWAGE SYSTEM ■ Septic tanklabsorption leach field DCentral system DOther District name: VOLUME OF LEASED WATER NEEDED IN ACRE FEET: te. .3 (minimum of 1 acre foot) Provide engineering data to support volume of water requested t ommercial, municipal, and industrial users must provide diversion and consumptive data on a monthly basic t totalizing flow meter with remote readout is required to he installed and usage reported to Wes/ Divide. 1pplicanr expressly acknowledges it has had the opportunity to review the District's, form 14'ter Allotment Contract and agrees this application is made pursuant and subject to the terms and conditions contained therein_ Application Date: R -U Apphaiot Signal= DATEAPPROVED: WEST DIVIDE. WATER CONSERVANCY DISTRICT President MN OM MN M - , I M i I MI I iri WEST DIVIDE WATER CONSERVANCY DISTRICT WATER USE ESTIMATES APPLICANT: 319 Water Company RESIDENTIAL DWELLING UNITS: 25 IRRIGATED AREA (SC FT): 284000 COMMERCIAL UNITS: 48 NO. OF LIVESTOCK: 0 ELEVATION (MSL): 8700 EVAPORATION AREA (Acre): 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL Contrict Amount wl 596 transit Loss 15.23 acre feet Trunig Law 5 2 3) (4) (5 6 5a b 7 5 9) 10 11 1.2 3) In IXouse I -Aversion per Un(t (AF) In House C.U. per Unit (AF) irrigation Diversion (5) irrigation C.U. (ft) In House Olverolon (AF) In House C.U. (AF) Commercial Diversion ;AP) Commercial CU (AF) Irrigaton DiveraJon f (AF) Irrigation Q.U. (AF) Livutodt DlvanlJon & C.U. (AF) Pend _ Evaporation Total Diversion (AF) Total C.U. (AF) Total Contract Amount (AF) 0.020 0.004 0.71 6.11 0.55 0.10 0,00 0.00 0.00 0.00 1.370 0.206 0.216 0.028 0.004 0.84 0.10 0.58 0.09 0.00 0.00 0.00 0.00 1.237 0.188 0.195 0.029 0.004 0.71 0.11 0.86 0.10 0.00 0.00 0.00 0.00 1.370 0.206 0.216 0.028 0.004 0.056 0.089 0.09 0,10 0.64 0.10 0.56 0.45 0.00 0.00 1.888 0.849 0.661 0.029 0.004 0.354 0.307 0.71 0.11 0.66 0.10 2.80 2.00 0.00 0.00 3.872 2.207 2,317 0.025 0.004 0.550 0.440 0.09 0.10 0.64 0.10 3.59 2.87 0.00 0.00 4.9i2 3.088 3.221 0.028 0.004 0.536 0.470 0.71 0.11 0.86 0.10 3.83 3.06 0.00 0.00 5.200 3.270 3.433 0.029 0.004 0.486 0.373 0.71 0.11 0.66 0.10 3.04 2.43 0.00 0.00 4.410 2.837 2.769 0.028 0.004 0.330 0.284 0.69 0.10 0.84 0.10 2.15 172 0.00 0.00 3.477 1.920 2.015 0.029 0.004 0.096 0,077 0.71 0.11 0.88 0.10 0.83 0.50 0.00 0.00 1.998 0.706 0.743 0.028 0.004 0.69 0.10 0.54 0.10 0.00 0.00 0.00 0.00 1.326 0.149 0.209 0.029 0.004 Q7.1 0.11 Le Q..].0 2.24 Q.QQ 124 L42 1. ii.0 U Q 421$ 0.338 0.060 2.500 2.010__._ _8.40 _1.26 _ 7.73 1.15 18.30 13.04 0.00 0.00 32,431 15.458 16.232 (1) (2) (3) (4) (5) (5) (Ba) (Ob) 300 gallons par day per residence 15% oontuvolva use for 1808 mutants e0% Irrigation efficiency for sprinkler systems Blaney Cridds usaasmMI with Pooh odium us Colunn (1) ' number of Cwrllhp units Cakonn (2) ' numbs( of &Meng uniis 160 god per commercial unli (50 ppm par employee) 15% oonlurnpilva use br 1805 systems Column r3• Irrigated ansa In.ons Column (4)' rrrIcetsd area Mm Will Lkraaodt uu a 11 gallons par head pa day (#9CW320) Evaporation cdoulations Cckanrl (5) • Colma (7) + Comm (9) •Cokarin sea) column (e] ♦ Column (a) + Column (9) •Cokxrn Mb) Column (11) phi transit IoW 319 Water Co Water Liu estimates 6/1812004 319 WATER COMPANY, LLC. 45705 IIWY. 6 & 24 GLENWOOD SPRINGS, CO. 81601 PHONE 970. 947. 9511 FAX 970.947.9233 EMAIL 11e319propertics()7vahoo.com August 18, 2004 Ms. Janet Maddock West Divide Water Conservancy District P.O. Box 1478 Rifle, Colorado 81650 Re: 319 Water Company, LLC. Exhibit A Contract # 040219WC (a) Dear Ms. Maddock, Enclosed herewith please find duplicate copies of the APPLICATION TO AMEND WATER LEASE FROM WEST DIVIDE CONSERVANCY DISTRICT. We are hopeful to be included for considerations at the next scheduled meeting of the district. As we discussed the uses intended for this contract at final development will include: 1. 25 Residential units including up to 4000 sq. ft. of lawn irrigation 2. 46 Commercial units with an average size of 4500 sq. ft. each 3. Fire Protection storage 4. Irrigation up to 4000 sq. ft. for each of the commercial buildings We would appreciate an amendment to our existing contract that would be based on the amount of water the well appears to produce. 1 have included a copy of the letter provided by Resource Engineering Inc. regarding a 24-hour pump test preformed on this well. The results seem to indicate a pretty good well producing around 20.84 GPM. As a measure taken in order to prevent the necessity of a future amendment we will appreciate consideration of increasing our contract up to 34 -acre feet on an annual basis. 1 understand that the engineer for the district will first calculate the requirements for the 46 proposed commercial buildings in order to determine that use requirement The second calculation will identify the 25 units for residential and landscaping use. In addition to the residential lawn in-igation we should apply irrigation usage for approximately 184,000 sq. ft. attached to the 46 cormnercial buildings usage. Final determination of fire storage is expected to be between 150,000 gallons up to 200,000 gallons. It may take some time before we use this amount of water as most of the development is just now being considered for approval by the 'Garfield County folks. Should approvals be obtained, each use will be metered separately. Of course the well production will have the main meter located in the pump house in accordance with the requirements of the 1 district, The fire protection storage water needs to be the first priority. 1 The 46 proposed commercial buildings include 3,750 sq_ ft. of shopfwarehouse and an additional 750 sq. ft. of office type space as an average_ Each building will have 1- 1/2 bath and 1- 3/4 bath as the main use. It is anticipated 2 or 3 employees will staff the office space for each building. It should be noted that the shop/warehouse space of each building is primarily storage in nature, and as such, water requirements should be minimal. This reference shoukl be construed as to prohibit repairs of equipment etc. from being performed in the shop/warehouse areas_ I am sure they will need a couple of hose bibs but any washing operations will have to be designed to 1 use circulation systems and only on a limited basis for that use. As with most things the final arnount of water and the use thereof will be determined by p cost. So, as soon as the engineer for the district can provide the WATER USE ESTIMATES and we can get an estimate for annual cost, Lazier and 1 can determine what we can afford to do. 1 I need to revise our well permit use (copy included) and will provide Dwight Whitehead with a copy of this letter when I do. I will also provide Jim Hardcastle with the Garfield 1 County Planning Department a copy for his information. Some day after I get this stuff straight with everyone we anticipate the need to drill a 1 second well on this property as a backup in case of pump failure or whatever. If this needs to be addressed now let me know. ' You know I appreciate all the help you have provided on this process and I'm really glad you didn't have to deal with it until you got back from your deserved vacation. 1 Sincerely yours, 1 f Timmy Sills 116 I e•: Mr. Jimmy Silts Page2of2 December 29, 2003 attached. It must be noted, however, that prior to providing water via a public water system you must obtain CDPHE approval of the water treatment, storage and delivery system regardless of the results of this water quality test. In summary, it is our opinion that the subject well can provide a physical supply of water for domestic use up to 30,000 gallons per day. This conclusion is based on existing aquifer and well conditions and we cannot guarantee that these conditions will continue in the future. Sincerely, RES a URGE ENGINEERING, INC. ul S. Bussone, P.E. Water Resource Engineer PSBfrnmm 990-1.0 EICiienft99014s pump tit 990.doc Attachment CC: David Haltford, Esq. wfo attachment =RESOURCE WELL SHARING AGREEMENT THIS WELL SHARING AGREEMENT ("Agreement") is made and entered into this - day of F' e.,y 2005, by and bet -ween 319 Water Company, LLC (hereinafter "Water Company"), 319 Properties, LLC (hereinafter "Propertied') and Mamm Creek Commons, LLC (hereinafter "Mamm Creek"). WITNESSETH: WHEREAS, Water Company is the record owner of that certain real property in Garfield. County, Colorado described in Exhibit "A" attached hereto ("Water Company Pa rcel"); WHEREAS, Properties is the record owner of that certain real property in Garfield County, Colorado described in Exhibit "B" attached hereto ("Properties Parcel"); WHEREAS, Mamm Creek is the record owner of that certain real property in Garfield County, Colorado described in Exhibit "C' attached hereto ("Mamm Creek Parcel"); WHEREAS, there is an existing underground water well, known as the Sills Well, and permitted under State Engineer's Office Permit Number 61926-F, located in the SW 1 of the SE VI of Section 23, Township 6 South, Range 99 West of the 6t1 P.M., together with casing and other appurtenant well items ("Well"), located on the Mamm Creek Parcel; WHEREAS, a water delivery system ("Water System"), consisting of but not limited .to the Well, pipes, valves, pumps, a storage tank and chlorination facilities, has been located constructed over, across and under portions of the Properties Parcel and the Mamm Creek Parcel; WHEREAS, the Well and Water System currently supply water for commercial uses associated with storage buildings located on the Properties Parcel; WHEREAS, the Water System was designed for and is capable of providing water supplies to the Water Company Parcel, the Properties Parcel and Mamm. Creek Parcel as existing and as the same may, in the future, be developed; WHEREAS, Water Company, Properties and Mamm Creek wish to potentially share among themselves on an equal basis the Well, or a new well, together with the Water System under the terms and conditions of this Agreement; and 1 WHEREAS, the parties desire to set forth in writing their agreement concerning the shared operation, repair, maintenance and replacement of the Well, or a new well, together with the Water System and related improvements, and the rights and obligations of the parties concerning the Well, legal authorizations, and the use of water there from. NOW, THEREFORE, for and in consideration of the mutual promises contained herein, the parties agree as follows: 1. Ownership. Sills Conveyances. Pursuant to Quitclaim. Deed and assignment of well permit heretofore executed and delivered by Jimmy R. Sills, the present permit holder, Water Company, Properties and Mamm Creek were conveyed equal 1/3 undivided ownership interests in and to the Well, Water System and any and all water and water rights appertaining or otherwise deriving from the WeIL A copy of the Quitclaim Deed is attached hereto as Exhibit "D". Mr. Sills has also delivered for the filing by the parties with the Office of the State Engineer, an executed CHANGE IN OWNERSHIP application incorporating the Well ownership change hereinabove set forth. A copy of this CHANGE IN OWNERSHIP application is attached hereto as Exhibit "E". Water Company Conveyances. Pursuant to Quitclaim Deed heretofore executed and delivered by Water Company, the present contract holder, Properties and Mamm Creek were conveyed equal undivided 1/3 ownership interests in and to West Divide Water Conservancy water allotment contract No. 040219WC(a) (hereinafter "West Divide Contract"), the Well and Water System and any and all water and water rights appurtenant thereto or deriving there from with the remaining 1/3 ownership interest being reserved. by Water Company. A copy of this Quitclaim Deed is attached hereto as Exhibit "F". Water Company has also delivered for the filing by the parties with the West Divide Water Conservancy District, executed applications for PARTIAL ASSIGNMENT, incorporating transfer of ownership interests hereinabove set forth. Copies of these applications for PARTIAL ASSIGNMENT are attached hereto as Exhibit "G" 2. Legal Water Use. All water use deriving from the Well shall conform to the terms and conditions set forth within Well Permit No. 61926-F and the West Divide Contract. The parties agree to amend the Well Permit 61926-F to provide that the Well is authorized for water use on all three Parcels described above. The parties agree that water from the Well will be limited to actual use on the three Parcels and no party will seek to use or expand the use of the Well or Water System for water 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 exceeding that presently permitted. Subject to any physical capacity limitations of Well to provide for such increased production, at such time that either party desires to increase the use of the Well beyond its currently permitted use or parameters to serve that party's Parcel, then said party shall have the right and obligation to seek and to obtain a new well permit and an amendment of the West Divide Contract from the West Divide Water Conservancy District in an amount and flow rate that will cover all of the water use made on that Parcel and the other Parcels. The West Divide Contract amendment and the new well permit shall be sought in the names of all the parties and if obtained, shall thereafter be the undivided 1/3 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 Conservancy District and State Engineer authorizations. The parties understand and agree that any above-described new well permit will operate to cancel the existing Permit Said party seeking the new well permit shall initially front or be responsible for payment of: all legal and other fees to obtain the new well permit; all legal and other fees associated with obtaining the West Divide Contract amendment; and all yearly and other charges and fees to maintain the District Contract and new well permit in good standing, including any costs and fees associated with well permit forms, extensions and/or renewals. At such time that the other party or parties connect to the Well 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. Thereafter, each party shall be responsible for its 1/3 share of all West Divide Water Conservancy District and well permit related costs going forward. Operation, Maintenance. Repair and Other Expenses of Well and. Shared Components. Provided each party is actually connected to the Well and Water 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 does not constitute "actually applying water to beneficial use" for purposes of this Paragraph), each party shall equally divide the expenses of operating, maintaining, testing, inspecting, repairing, improving, upgrading, replacing and maintaining the well permit, West Divide Contract and other approvals paid up, current and in good standing ("OM&R") for said Well and Water System, its pumping equipment, any common storage tanks, and other components and appurtenant structures. Inducted in the above-described OM&R costs are the electrical costs for operating the Well and Water System. Properties, and any successor owner, shall be designated as the party responsible for receiving any bills and communications from the West Divide Water Conservancy District and/or State Engineer's Office related to the West Divide Contract and well 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 actual expenses associated therewith from the other parties under the terms of this Agreement upon invoicing. If one party is not connected to the Well and Water System and is not applying water to beneficial use, then the other party (or parties) connected and making use of the water shall be solely responsible for the above- mentioned costs and shall have the right to take any OM&R actions it deems necessary in its sole discretion. At such time the non -utilizing party (or parties) desires to connect to the Well and commence use of water on its Parcel, then each party shall thereafter be responsible for its 1/3 share of all OM&R costs going forward; and such connecting party shall not be responsible for any OM&R costs incurred prior to its connection. The cost of installing, improving, repairing and/or replacing any water delivery pipelines, storage tanks or other appurtenant structures not used in common, shall be borne by the owner of the Parcel for whose benefit the delivery pipeline or structures exist. Provided each party is connected to the Well and Water System, if a particular structure benefits all parties, then all costs 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 unanimous 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 objection 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, including 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 shall have the right to take immediate, reasonable corrective action to eliminate the emergency and restore the water quantity and quality. Thereafter, such party taking the corrective action shall submit to the other party an accounting of the costs incurred and each party shall be responsible for its pro rata share of these costs. 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 kevel in the Well 4 is being drawn down such that the Well is not recovering normally or that the static water level in the Well is becoming unsafety close to the pump intake level, then the parties will immediately implement the following priority for allowed uses: the first priority shall be for ordinary in-house purposes inside a residential structure and any accessory dwelling units actually inhabited; the second priority shall be for fire protection; the third priority shall be for commercial uses; and the fourth priority 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 to do so, such lower priority use shall be curtailed until such time that it is safe for that use to be served. In order to determine the safe operating water levels in the Well to meet the water demands and comply with this paragraph, "water level soundings" or other appropriate water level testing shall be performed on the Well, as necessary. The parties shall share equally in the cost of any such well testing or monitoring. In the event only one party is connected to and utilizing water from the Well, then that party shall conduct and pay for any well testing or monitoring it deems desirable in its discretion. In the event the parties disagree as to any matters under this paragraph, the parties agree to submit the disputed matter to an expert pursuant to the provisions of Paragraph 10 below. 6. Replacement Well. In the event that the Well, 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 them 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 connected to and utilizing water from the Well, such party shall bear all costs for the Well relocation/re-drilling; otherwise if more than one party is connected to the Well, the parties so connected shall bear all costs equally. At such time the other party or parties desire to connect to the Well and commence use of water on its Parcel, that other party shall pay to the party fronting the costs, its pro rata 1/3 share of such costs previously incurred upon presentation of an accounting. of those costs. Thereafter, each party shall be responsible for its pro rata 1/3 share of all well construction related costs, if any, going forward. If all parties seek to utilize water from the Well at approximately the same time, then the parties shall share equally in the costs described in this paragraph. In the event the parties cannot mutually decide upon whether or in what manner a replacement well should be constructed, the parties agree to submit the matter to an expert pursuant to the provisions of Paragraph 10 below. 7. Well and Related Easements. Mamm Creek hereby conveys and grants to Water Company and Properties, for the benefit of the Water Company and Properties Parcels, a non-exclusive easement consisting of a ten foot radius around the existing 5 Well, including the area within the radius, for purposes of access, inspection, operation, maintenance, repair, replacement, utilization and improvement of the Well. Mamm Creek also hereby conveys and grants to Water Company and Properties, for the benefit of the Water Company and Properties Parcels, an easement consisting of a ten foot radius, including the area within the radius, around, over and under the storage tank constructed on Mamm Creek Parcels for common storage of water from the Well for purposes of storage and utilization of water and construction, installation, access, inspection, operation, maintenance, repair, replacement, relocation and improvement of the storage tank. Mamm Creek also hereby conveys to Water Company and Properties and, to the extent such facilities lie within or traverse its Parcel, Properties hereby conveys to Mamm Creek and Water Company, easements measuring seven and one-half feet (71/2') in width on each side of the centerline of all buried water delivery pipelines as located and in 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 line from the Well and/or storage tank to the Water Company and Properties Parcels. Mamrn Creek also hereby conveys to Water Company and Properties and, to the extent such rights of access are required across its Parcel, Properties hereby conveys to Water Company and Mamm Creek, appurtenant rights of reasonable ingress and egress access across the Mamm Creek Parcel and the Properties Parcel along the existing roads, and from there, along the route with the least impact to said Parcels, to the easements described above, as reasonably required to accomplish the above purposes. Upon final construction and installation, if any of the parties desire, the 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 the above, any easements granted according to this paragraph shall first be approved of by the owner of the Parcel impacted or burdened thereby based on the actual or planned locations in the ground to insure that such easements do not 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 or to be issued by either the Garfield County Planning and Zoning Commission or 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 easements 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 8. New Well Easements and Terms and Conditions. If any new or replacement well is drilled and constructed pursuant to this Agreement outside of the Well or if other improvements or alterations to the Water System which impact or require changes to the easements described in Paragraph 7, hereinabove, the parties hereby agree to grant similar easements, as well as, similar ingress and egress access rights, for the new well or Water System improvements or alterations to release and vacate the old easements described herein to the extent they are no longer utilized for the withdrawal and delivery of water from the Well or Water System. 9. Excavation and Restoration In the event there is the need for excavation of any water line, storage tank or any other component of the Well or Water System for any purpose under this Agreement, the parties agree to restore the ground surface impacted thereby to the condition, vegetation and grade immediately prior to the excavation, and shall share equally the costs therefor if such excavation was related to a shared component, in which case the party initiating the excavation work shall front all costs and fees until such time the other party desires to connect to the Well and Water System and commence use of water on its Parcel, whereupon that other party shall pay to the party fronting the costs, its pro -rata 1/3 share of such costs previously incurred upon presentation of an accounting of those costs. If the parties are connected to the Well and Water System and the excavation is related to a shared component, then the parties shall share equally at the outset in the costs described in this paragraph. If the excavation is related to an individual component (e.g. an individual water line, etc.) such party for whose benefit the individual component exists shall bear all costs of excavation and restoration. 10. Arbitration by Water Expert. In the event of a dispute between the parties which requires referral to a water expert as specifically provided for in one of the above provisions of this Agreement, the parties shall mutually select one qualified professional water engineer or a professional pump installer, or a professional well driller (collectively referred to as "water expert"), based on which water expert would have the best consulting expertise on the particular matter, to make recommendations and a budget and to render a decision for the parties, including potentially recommending "no action", and the parties agree to be bound by such recommendations, decision and budget of the water expert; provided however, the parties may always mutually agree together to reject or not be bound by such water expert recommendation. If the parties cannot agree as to selection of a water expert, each party shall nominate one qualified neutral water expert and selection from the nominees shall be made by a coin toss. All costs and fees of such water expert shall be split equally between the parties. 11. Notices. All notices required under this Agreement shall be in writing and shall be hand delivered or sent by registered or certified mail, return receipt requested, 7 postage prepaid, to the addresses of the parties set forth below. All notion so given shall be considered effective three days after deposit in the U.S. Mail to the addresses below. Either party by notice so given may change the address to which 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 c/o my M. Sills 4570 Highway 6&24 Glenwood Springs, CO 81601 With Copies of Notice To: Don Scarrow 1981 County Rd. 210 Rifle, CO 81650 Bill Collins 85755 Hwy 6 & 24 Glenwood Springs, CO 81601 Mamm Creek Commons, LLC c/o Jimmy M. Sills 4570 Highway 6&.24 Glenwood Springs, CO 81601 12. Rums With The Land. The rights and obligations of each party set forth herein shall run with the land and be appurtenant to their respective Parcels and shall not be transferred separate and apart from said Parcels. In the event of a transfer of a party's Parcel, the successor owner shall automatically be deemed a party to this Agreement in place of said predecessor party, at the time of acceptance of a deed to said Pard. 13. Binding. This Agreement and all its terms and conditions shall inure to the benefit of and be binding upon the successors, and assigns of parties hereto. 14. Authorization. By executing this Agreement, the parties acknowledge and represent to one another that all procedures necessary to validly contract and execute this 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 Agreement. 15. Entire Agreement. This Agreement contains the entire agreement of the parties concerning the subject matter herein and supersedes all prior agreements, if any. 16. Attorney Fees. 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: Jimmy 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 319 Man= Creek Commons, LLC /immy Sill . s Manager of Mamm Creek Cornmons, LLC STATE OF COLORADO )ss. COUNTY OF el Ct.4 Subscribed and sworn to before me this day of rr, br•k� 2005, by �t1 irn i�Ls as 't�axuaq of3161 Pr.() r ee4-;r.SL t G Witness n iychand and official seal. LINDA .J. _.:.,je.-,G NOTARY "'UBLIC STATE OF CC L2 G I My est:. STATE OF COLORADO ) )ss. cowry OF Gay f d -la ) Subscribed and sworn to before me this FST"' day of VtiCtl".4.a rzi 2005, by; n+t. _ ill i i.. " a irk. a fa re e E. C.a ei - nt dos, L Le . ■ Notary Public My Commission expires: Witness my hand and official seal. LINDA w. V :1SSi NOTARY'' BLIC STATE OF is -^'_ORA j My, comm+ 1°,14 not coo"* Notary Public; My Commission expires: 9 STATE OF COLORADO ) COUNTY OF a G!. rF i ) Subscribed and sworn to by i►T :115CtS Witness my hand and official seal. LINDA... ; OSSI NOTARY PUBLIC STATE OF COLORADO My Comms& • 3 23.2005 STATE OF COLORADO ) I-, COUNTY OF s :'` day of rrf./b Ira a. r 2005, 319 0.11-> Gar .pant) [.[...0 V1 rid j ct,b° Notary Public My Commission expires: Subscribed and sworn to before me this S day of re-tit-m.o. way 2005, by e0be r4 +_ . � i e. r Q5 rat nt.t e r 319 W40, r. r Cis rit—ectAAil G Le Witness my hand and official seal. LINDA ,.. „4,16L.:,1 NOTARY :'UBL!C STATE OF C .:{ LoRAoo My Con Notary Pub My Commission expires: L.-- 1 0 .-- 10 02/02/2685 21:57 9769479233 J!* V SILLS PAGE 03 PROPERTY DESCRIFTION A PARCEL OF LAND SITUATED IN THE SHIM SE1i4 OF SEC -MON 23, AND THE N4R NEI/4 OF SEC"ITON 26, TOWNSHIP 6 SOUTH, RANCH 93 WEST OF THE SDCTH PRINCIPAL GARFWLD COMITY, COLOIR ADO,, SAMPAN:CM BONG MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SECTION CORNER COMMON TO SECTIONS 23, 34, 25 AND 26 WHENCE THE WITNESS CORNER TD SAND SECTION CORNER BEARS NON_TH 7592 F1REI%THENCE S.0052119"E. ALONG THE HASt LINE OF SAID SECTION 26 294.71 MET; THENCE E LEAVING SAID EAST LINE S.89 -3950°W. 1314.14 FEET TO A POINT ON THE NORTH SOiif1 CENTERLINE OF SAW Nif2 14E114 SECTION 265 THENCE S.00'29'14'1E. ALONG SAID NORTH SOLrrH 0314TIERLINE 62.94 Fes; LEAVING SAID NORTH SOUTH CENTERLINE N.9 001'W 19 066 F Er TO A PO4N'!' ON THE EASTERLY RIGHT OF WAY LIM [IMOF COUNTY ROAD 319 AS DESCRIBED IN BOOK 79 AT PAGE 58E CIF THE GARFEELD COUNTY NTY CLERK AND OFFICE; THENCE N.15' 1412'E. ALONG SAID EASTERLY RIGHT OF WAY LINE 141.n FEET; THENCE LEAVING SAID EASTERLY RICarr OF WAY 1 5 FF 1; THENCE N.011''21`2`E,. l9a01 Fl TT; THENCE 5.41 ifs. 42.66 FET; TTS. S.25'05'03 "E. 207.50 FEET; THENCE S.34`5Q44%. 4069 P$r; THENCE 5.76► 13`41"E 36.491 I; 'MINCE N.6471244"E. 5014 FT; `11ffiNCENLOT2V3IrE. 3L71 FEET THIS N_50'34'2I'E. 20920 FEET; TIMPICE PL2r49'3$'W 529_61II THENCE N. 53'39'22-W. 287.93 T; THENce S.89`4541 "W. I $1 _€6 MKT TO A POINT CM THE SLY RIGHT OF WAY UNE OF SAID COUNTY ROAD 319; THENCE N_OT33'4"E ALONG SAID EASTERLY B,I T OF WAY L R' 77.09 MET TO A POINT CRI TI NORTHERLY LINE 0? SAID SE) 14 SEI14 SECTION 4 21; LEAVING SAID EASTERLY UNE AND AL(N4f. SAID NORTHERLY UNE N.119141111ra 1733.69 FEET TO THE NORTHEAST Cwt. OF SAID SEIM SZEL14 SECTR3N 2 THENCE S.00 -113`45-S. ALONG 7H EASTERLY 1INE OF SAID SEIM S'EIM SECTION 23 131673 FEET TO 3 POINT OF BEGINNING. SAID PARCEL CONTAINING 36.05 ACRES, IMRE OR LESS. PROPERTY DESCRIPTION A PARCEL OF LAND SITUATED IN THE S 1 t2 -S E 1 f4 OF SECTION 23, AND THE NI/2 NE1/4 OF SECTION 26, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SDCTE1 PRINCIPAL MERIDIAN, G ' 1 1 COUNTY, COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID S I f2SE114 SECTION 23, ALSO BEING THE CENTER SOUTH 1/16 CORNER OF SAID SECTION 23; THENCE N.89.48'41 "E. ALONG THE NORTH LINE OF SAID S1C2SE114 1410.51 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 LEAVING SAID NORTHERLY LINE AND ALONG SAID EASTERLY RIGHT OF WAY LINE 5.07'33'39"W. 77.09 FEET; THENCE LEAVING SAID EASTERLY RIGHT OF WAY LINE N.89'48'41 "E. 181.65 FEET; THENCE 3.53.39122"E. 287.931 :EE 1; THENCE 8_22`4938"E. 529.64 FEET; THENCE S.50.34'21 "W. 20920 FEET; THENCE S.0T21'3O"W. 31.71 FEE 1; THENCE S.64 -02114"W, 50,14 FEET; THENCE N.76 -13479V. 36.49 FEET; THENCE N.34'56'44"W. 40.69 FEEI ; THENCE N.25 05'03"W. 207.50 FEET; THENCE N.41 `01'30"W. 42.66 FEET; THENCE S.08`21'51 "W. 890.01 FEET; SCE S.89`39'S0"W. 320.95 FEET; THENCE S.15` 14' 12"W. 141.83 FEET; THENCE N.90`00100"E. 146.90 FEET; THENCE 5.00`29'34"E. 598.79 FEET; THENCE 5.89`39150"W. 398.08 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF SAID COIJN Y ROAD; THENCE S.25`24'26"W. ALONG SAID EASTERLY RIGHT OF WAY LINE 400.00 FFE1 TO A POINT ON THE SOUTH LINE OF SAID N 1 f2NEI /4 SECTION 26; THENCE LEAVING SAID EASTERLY RIGHT OF WAY LINE AND ALONG SAID SOUTH LINE S.89 -39'50"W. 748.04 FEET TO THE SOUTHWEST W EST CORNER OF SAID NI F2NEII4 ALSO BEING THE CENTER NORTH 1/16 CORNER OF SAID SECTION 26; THENCE N.01 -0712,2"W. ALONG THE WEST LINE OF SAID N1f2NE114 367.89 FEET; THENCE LEAVING SAID WEST LINE N.90'00'0O"E. 415.17 FEET; THENCE N.45`19'38"E. 851.97 FEET; THENCE N.90"00'00"E. 46.32 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAID COUNTY ROAD; TIE14CE N.15.14' 12"E. ALONG SAID WESTERLY RIGHT OF WAY LINE 155.46 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT OF WAY LINE N.10`0325"E. 152.34 FEET; THENCE LEAVING SAID WESTERLY RIGHT OF WAY LINE N.90`00'00"W. 15234 - FEET THENCE N.10"0325"E. 82.79 FEET; THENCE N.08`21'52"E. 697.63 FEET; THENCE N.45700'00"W 234.89 FEET TO A POINT ON THE CENTERLINE OF A 60 FOOT EASEMENT AS DESCRIBED IN BOOK 594 AT PAGE 886 OF THE GARFIFLD7 COUNTY CLERK AND RECORDERS OFFICE; THENCE N.66 -56'40"E_ ALONG SAID CENTERLINE 163.92 FEET; THENCE LEAVING SAID CENTERLINE N.00 -01'00`E. 364.95 FEET; THENCE S.74'19'03"W. 1143.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID S1i2SE1/4 SECTION 23; THENCE ALONG SAID WESTERLY LINE N.00 -05'00"E. 31534 FEED 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 79 AT PAGE 588). SAID RIGHT OF WAY CONTAINING 3.77 ACRES, MORE OF LESS. 1 1 1 1 1 liornm Creek Commons Parcel A parcel of land situated in the SWI 114 of Section 23 and the I If1MNE114 of Section 26, Township 6 South, Range 93 West of the Shah Principal Meridian, Garfield County, Coloradrl; said parcel being more particularly 1 described as follows: Beginning at the South 114 Darner of said Section 23, also Laing the Norah 1M miner of sand Sedi;on 26, and Image a Garfield County surveyor brass cap; thence North 00'O5110w East along the West fine of said SW1l4SE1l4 tri 1 Section 23, 100438 feet; thence leaving said Nest line North 744903" East 114300 feet thence South ocrevoc r` West 38495 feet, to a point in the ire of an existing tlf! foot road easement eret as did in Book 584 all Page 886 in the records of the Corfield County Clerk and Rounders Office; thence South 66'56'40' West inking said cenierine 163.92 feet theme ie+arirg said aenried■ia Smut 49111liar. lama 23419 feet fresco Soma 1 08'21"52" West 697.63 feet thence Sower 100325' Wed 079 lest~ thence North 90'Ol1W East 16234 feet{ lo a point on the Westerly right of way Moe of Comtel Road 319, said point Wag 36.19 feet mil of the oesdaei■sr of the existing road; them along said Westerly rigid ot wax South 10-' Sliest 157_34 feet flames ccedisains 1 along said rigid of way South 15'14-12' Wait 16546 feast; thence leharuig sad rpt of way North 11.IIS Met 4622 feet; thence South 45•"19341' West 891.97 feet: thence North 91700W' West 415~17 feet, to a peat on Om West line of said Wail1i4a4 1M of Seaman 2Ik theme Nor Y17Tzr vilest along sand West line 95229 beet, !w thrfe POINT OF BEGINNING. 1 1 1 1 1 1 ASSIGNMENT AND QUIT CLAIM DEED THIS ASSIGNMENT AND DEED, made this 511' day of February, 2005, between JIMMY M. SILLS, of the County of Garfield and State of Colorado, (Grantor), and 319 WATER COMPANY, LLC, a Colorado Limited Liability Company, as to a one-third (1/3rd) undivided interest, 319 PROPERTIES, LLC, a Colorado Limited Liability Company, as to a one-third (133rd) undivided interest, and MAMM CREEK COMMONS LLC, a Colorado Limited Liability Company, as to a one-third (1/3rd) undivided interest, the legal address for said limited liability companies being c/o Jimtnyt Sills, 5705 Hwy. 6 & 24, Glenwood Springs, CO 81601 (Grantees): WITNESSETFI, That the Grantor, for and in consideration of the sum of One Dollar and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has assigned, remised, released, sold, conveyed and Qurr CLAIMED, and by these presents does assign, remise, release, sell, convey and QUIT CLAIM unto the Grantees, their heirs, successors and assigns forever, all the right, title, interest, claim and demand which the Grantor has in and to the water rights, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: All water and water rights pertaining to or deriving from that certain domestic water well permitted by the Colorado State Engineer under Well Permit Number 61926-F. Together with all of the improvements and facilities appurtenant to the domestic water well permitted under Well Permit Number 61926-F, including all pumps, casings and pipes. Subject to the terms and conditions contained in the Well Sharing Agreement executed on date herewith by and between 319 Water Company, LLC, 319 Properties, LLC and Mani= Creek Commons, LLC. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantees, their heirs and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this assignment and deed on the date set forth above. STATE OF COLORADO COUNTY OF GARFIELD ) ss- ) The foregoing instrument was acknowledged before me this $` day of February, 2005, by JIMMY M. SILLS. Witness my hand and official seal. My commission expires: Notary Public NOTARY 'PUBLIC STATE OF D LORADO MCons - tet �. L 23, 2005 Form No. IGWS -11 6/2003 STATE OF COLORADO OFFICE OF THE STATE ENGINEER 818 Centennial Bldg., 1313 Sherman St., Denver, CO 80203 (303) 866-3581 Fax (303) 866-3589 CHANGE IN OWNERSHIP/ADDRESS CORRECTION OF THE WELL LOCATION Insert the Well Permit Number 61926-F Name, address and phone of the person claiming ownership of the well: NAME(S) 319 Water Company, LLC; 319 Properties, LLC; & Ntamm Creek Curnnoons LLC 1 Mailing Address cfo Jimmy Sills, 45705 Hwy 6 & 24 ' City, St. Zip Glenwood Springs, CO 81601 Phone ( 970 ) 947-9511 For Office Use Only 'This form is filed by the named individual/entity claiming that they are the owner of the well permitted as referenced above. This filing is made pursuant to C.R.S. 37-90-143_ 1 1 WELL LOCATION: County Garfield Owner's Well Designation Lazier/Sills Well No. 2 Vacant Land Rifle CO 81650 (Address) (City)(State) (Zip) SW'/ 1/4 of the SE'% 1/4, Sec. 23 , Twp. 6 ❑ N. or U S., Range 93 ❑ E. or W. 6th P.M. Distance from Section Lines 850 Ft. From ❑ N. or U S., 2450 Ft. From • E. or Li W. I Line. Subdivision Name Lot , Stock , Filing/Unit U The above listed owner(s) say(s) that he, she (they) own the well described herein. The existing record is being amended for the following reasons: • Change in name of owner ❑ Change in mailing address ❑ Correction of location for exempt wells permitted prior to May 8, 1972 and non-exempt welts permitted before May 17, 1965. Please see the reverse side for further information regarding correction of the well location. l (we) claim and say that i (we) (are) the owner(s) of the well described above, know the contents of the statements made herein, and state that they are true to my (our) knowledge. 1 Please print the Signer's Name & Tine Signet + the new owner. Jimmy Sins, Manager of 319 Water Company LL IJimm Sills Man of 319 Pro rties LLC Jimmy M. Sins, Manager of Mamm Creek Commons LLC 1 It is the responsibility of the new owner of thi Date 0-01S Z5.5— to complete and sign the fonn. Signatures of agents are acceptable if an original letter of agency signed by the owner attached to the form upon its receipt. ASSIGNMENT AND QUIT CLAIM DEED THIS ASSIGNMENT AND DEED, made this eSlog day of February, 2005, between 319 WATER COMPANY, a Colorado limited Liability Company, (Grantor), and 319 PROPERTIES, LLC, a Colorado Limited Liability Company, as to a one-third (1/3rd) undivided interest, and MAM:M CREEK COMMONS LLC, a Colorado Limited Liability Company, as to a one-third f3rd) undivided interest, the legal address for said limited liability companies being c/o Jimmy 111 05 Hwy. 6 & 24, Glenwood Springs, CO 81 601 (Grantees): WrrtriEssErn, That the Grantor, for and in consideration of the sum of One Dollar and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has assigned, remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does assign, remise, release, sell, convey and QUITCLAIM unto the Grantees, their heirs, successors and assigns forever, a one-third (1/3rd) interest each in Grantor's right, title, interest, claim and demand in and to the water rights, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: All water and water rights pertaining to or deriving from that certain Allotment Contract #040219WC(a) with West Divide Water Conservancy District. Subject to the terms and conditions contained in the Well Sharing Agreement executed on date even herewith by and between 319 Water Company, LLC, 319 Properties, LLC and Manun Creek Commons, LLC. Grantor reserves to itself a one-third (I/3rd) interest in said water and water rights pertaining to or deriving from said Allotment Contract #040219WC(a) described above. To HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantees, their heirs and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this assignment and deed on the date set forth above. 319 WATER COMPANY, LLC A Colorado ited Liability Company STATE OF COLORADO COUNTY OF GARFIELD ) ss- ) Jimmy Sills; dVianager The foregoing instrument was acknowledged before me this 7 day of February, 2005, by Jimmy Sills, Manager of 319 Water Company, LLC, a Colorado Limited Liability Company. Witness my hand and official seal. My commission expires: LIND►=.::i:.i,i8.51 NOTARY PUBLIC STATE OF COLORADO Notary Public Contract # 040219WC(a) Map ID#491 Date Activated 2/19/2004 APPLICATION FOR PARTIAL ASSIGNMENT AND/OR DIVISION OF WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT" Water Allotment Contract #: 04(1219WC(a] Date: February aB , 2005 Name of Contract Holder: 319 Water Company, LLC, a Colorado Limited Liability Company Name of Assignee: Mamm Creek Commons, LLC, a Colorado Limited Liability Company Address of Assignee: c/o Jimmy Sills, 45705 Hwv.6 & 24. Glenwood Springs, CO 81601 Number of Acre Feet Assigned: 5.41 Number of Acre Feet on Original Contract: 16.23 Legal description of parcel where well is located: See attached Exhibit A The undersigned Contract Holder and Assignee do hereby give notice to and make application to West Divide Water Conservancy District for the partial assignment of the above described Water Allotment Contract as set forth above. By signing this instrument, Assignee does hereby agree to a's=erne and be bound by the terms and conditions of said Water Allotment Contract and all addenda and exhibits thereto with respect to the portion assigned to said Assignee. It is understood that Contract Holder is released from performance under said contract to the extent that such partial performance has been hereby assumed by Assignee. Executed the date first written above. Contract Holder: 319 WATER i MPANY, LLC Jimmy Si l , anager STATE OF COLORADO )ss. COUNTY OF GARFIELD Assignee: Jimmy ills, Manager The foregoing instrument was acknowledged before me on this 15—day of February, 2005, by Jimmy Sills as Manager of 319 Water Company, a Colorado Limited Liability Company. Witness my hand and official seal. My commission expires: STATE OF COLORADO COUNTY OF GARFIELD Notary Public I lhiC3:. , NOTAR`f �'UBLIC STATE OF F :: LORADO us My CommmisF•'- • '.tav 23. Contract # 040219WC(a) Map ID # 491 Date Activated 2/19(2004 APPLICATION FOR PARTIAL ASSIGNMENT AND/OR DIVISION OF WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT Water Allotment Contract #: 040219WC(a) Date: February oe , 2005 Name of Contract Holder:: 319 Water Company, LLC, a Colorado Limited Liability Company Name of Assignee: 319 Properties, LLC, a Colorado Limited Liability Company Address of Assignee: c/o Jimmy Sills, 45705 Hwy.6 & 24, Glenwood Springs, CO 81601 Number of Acre Feet Assigned: 5.41 Number of Acre Feet on Original Contract: 16.23 Legal description of parcel where well is located: See attached Exhibit A The undersigned. Contract Holder and Assignee do hereby give notice to and make application to West Divide Water Conservancy District for the partial assignment of the above described Water Allotment Contract as set forth above. By signing this instrument, Assignee does hereby agree to assume and be bound by the terms and conditions of said Water Allotment Contract and all addenda and exhibits thereto with respect to the portion assigned to said Assignee. It is understood that Contract Holder is released from performance under said contract to the extent that such partial performance has been hereby assumed by Assignee. Executed the date first written above. Contract Holder: Assignee: 319 WATER C r • ANY, LLC 319 PROPERTIES, LLC 13y Jimmy Si s, Manager STATE OF COLORADO )ss. COUNTY OF GARFIELD ) By mow Sillanager The foregoing instrument was acknowledged before me on this in—day of February, 2005, by Jimmy Sills as Manager of 319 Water Company, a Colorado Limited Liability Company. Witness my hand and official seal. My commission expires: STATE OF COLORADO COUNTY OF GARFIELD ) )ss. ) ra• - Notary Public LINDA ., NOTARY PUBLIC STATE OF DLORADO My Commi ' 1 w 73. 2005 Garfield C©un1 Application Date: 10/17/2003 Termination Date:11/17,2003 District: 3 Application for Driveway Permit Permit Number:125 Pen nilet_• Jimmy Sills County Road Number: 319 Inspector: Jake Mall Sub -Contractor: /4 - hereby requests permission and authority from the Board of County Commissioners to construct a driveway approach (es) on the right-of-way off of County Road, 319, intersection of CR 319 and Grass Mesa Road on CR 3, adjacent to Applicant's property located on the West side of road for the purpose of obtaining acct to property. Applicant submits herewith for the consideration and approval of the Board of County Can stoners, a sketch of the proposed installation showing all the necessary specification detail including: 1. Frage of lot along road. 2. Distance from centerline of road to property line. 3. Number of driveways requested 4. Width of proposed driveways and angle of approach. 5. Distance from driveway to road intersection, if any. 6. Size and shape of area separating driveways if more than one approach. 7. Setback distance of building(s) and other structure improvements. 8. No unloading of equipment on county road, any damage caused to county road will be rq aired at subdivision expense. 9. Responsible for two years from the date of completion. General Provisions 1) The applicant represents all parties in interest, and affirms that the driveway approach (es) is to be constructed by him for the bona fide purpose of securing access to his property and not for the purpose of doing business or servicing vehicles on the road right of way. 2) The applicant shall furnish all labor and materials,, peiforrn all week, and pay all coots in connection with the construction of the driveway(s). An work shall be completed within thirty (30) days of the permit date. 3) The; type of construction shall be as designated and/or approved by the Board of County Commissioners or their representative and all materials used shall be of satisfactory quality and subject to inspection and approval of the Board of County Commissioners or their representative. 4) The traveling public shall be protmted during the installation with proper warning somas and sigats and the Board of County Commissioners and their duly appointed agents and employee shall be held harmless against any action for personal injury or property damage sustained by any rem of the eeesti a of the Permit. 5) The Applicant shall assume responsibility for the removal or clearance of snow, ice, or sled upon any portion of the driveway approach (es) even though deposited on the driveway(s) in the course of the County snow removal operations. 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 cut to prevent any slacking of the remaining fence, and all posts and wire removed shall be turnedover to the District Road Supervisor of the Board of County Commissioners. 7) No revisions or addictions shall be made to the driveway(s) or its appurtenances on the right-of-way without written permission of the Board of County Commissioners.. 8) Provisions and specifications outlined herein shall apply on all roads under the jurisdiction of the Board of County Commissioners of Garfield County, Colorado, and the Specifications, set forth en the attached hereof and incorporated herein as conditions hereof. Special Conditions: 1. 441ft driveway width 2. 15"x40' required. 3. Soft gravel portion required, 4. Work zone signage required. In signing this application and upon receiving authorization and permission to install the driveway approach (es) described herein the Applicant signifies that he has read, understands and accepts the foregoing provisions and conditions and agrees to construct the driveway(s) in accordance with the accompanying specification plan reviewed and approved by the Board of County Commissioners. Signed: Add rens: Telephone Narnber. Permit granted 10/17/2003, subject to the provisions, specifications and conditions stipulated herein For Board of Coon Commissioners' of Garfield County, Colorado: Representative of Garfield County Road and Bridge Signature Specifications A driveway approach is understood to be that portion of the coun*y rued right -of way between the pavement edge and the property line that is designed and used for the intcxchange of traffic between the roadway and abutting pr'Y- 2. At any intersection, a driveway shall be restricted for a sufficient distanee from the intersection to prove the normal and safe movement of traffic. (ft is recommended for rural residence entrances that a minimum intersection clearance of 50 feet be provided and for rural commercial entrances a minimum of 100 feet be provided.) 3. All entrances and exits shall be so located and constructed that vehicles approaching or using thein will 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 permitted to erect any sign or display material, either fixed or movable, on or extending over any portion of the county road tied -of -way. . Generally, no more than one approach shall be allowed any parcel or property the frontage of which is less than one hundred (100) feet. Additional entrances or exits for parcels having a frontage in excess of one hundred 100) feet shall be permitted only after showing of actual convenience and necessity. 6. All dm' cways shall be so located that the flared portion adjacent to the traveled way will tad encroach upon adjoining property. 7. No commercial driveway shall have a width greater than thirty (30) feet measured at right angles to the centerline of the driveway except as increased by permissible radii_ No noncomma'cial driveway shall have a width grouter than twenty (20) feet measured at right angles to the centerline of the driveway, except as ink by permissible radii. 8. The axis of an approach to the mad may be at a right angle to the centerline o(the county road and of may angle between ninety (90) degrees and sixty (60) degrees but shall not be less than sixty (60) degrees. Adjustment will be made according to the type of traffic to be served and other physical condition 9. The construction of parking or srrvicuug areas on the county road right-of-way is specifically prohiiuited. Commercial establishments for customer vehicles should provide oft -the -read parking facilities. 10. The grade of entrance and exit shall slope dm/naiad ad away fromm the road serfs= at the same rade as the normal shoulder slope and for a distance equal to the width of the shoulder but in no case less than twenty (20) feet from the pavement edge. Approach grades are restricted to not more than ten percent (10`/.). 11. All driveways and approaches shall be so constructed that they shall} not interfere with the draimage system oldie street or county road. The Applicant will be required to provide, st his own expense, drainage strums at entrances and exits, which will become an nutegral part of die` existing drairuagc system. The Board of Comity Commissioners or their representative, prior to installation, must approve the dimensions and types of all drainage structures. Note: This permit abet be made av*ikhh e nt tbe awe where mai wiles marks bum, soar A work simarb n drawing of the proposed driveway(s) mast accompany appitaitio.. No permit wii be Mooed w tbsat drawing„ bio epri t, or sketch. Garfield County Road and Bridge Department P.O. Box 426 Rifle, CO 81650 Phone497186O1 Fax 625-8627 Invoice Date: Ball To: Invoice 1417,2003 Invoice Number: 125 Jimmy Sills 45705 Hwy 6&24 Glenwood Sprin , CO 81601 Driveway Permit Number. 125 $75.00 per Driveway Pernut. Driveway Permit Fee: $75.00 Total Due: Thank You! etkAl 44/atoll $75.00 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 .,IRI Hardcastie From: Matt Sturgeon [msturgeon©rrfieco.orgl Sent Tuesday, July 27, 2004 8:14 PM To: Jim Hardcastie Subject Lazier SUP - CR 319 The Rifle Planning Commission guested staff forward P&Z's support for the application. The Plonning Commission found the use appropriate at this location and supported moving the gas subcontractors cior to the gas fields. They also wished to convey that the application should be approved with conditions requiring the applicant and future users to comply with the use specifications outlined in, Section 2, pages 3 & 4, of the Special Use Permit application. Thank you for the opportunity to comment. Matt Sturgeon, Director Planning & Development City of Rifle 202 Railroad Ave Rife, CO 81650 GARFIELD COUNTY Building & Planning Department Review Agency Form Date Sent: July 2, 2004 Comments Due: July 23, 2004 Name of application: Lazier Special Use Permit Sent to: Garfield County Road and Bridge Dent. Garfield County requests your comment in review of this project Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staff contact: Jim Hardcastle 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County Road and Bridge Department has no objection to the approval of this Special Use Permit. This type of land use is consistent with the surrounding area and is adjacent to the main gas and oil drilling industry. This type of land uqr has the potential to keep a lot of heavy travel off the main traveled roads and in a less visible area. Driveway permits will be issued for the 3 (three) entrances upon approval ofthe BOCC with conditions specific to the driveways. There will be a stop sign required at each entrance to Cr_ 319 The stop signS, posts mid installation shall be as required in the MUCID ( The Manual on Uniform Traffic Control Devices. There will be a sign stating trucks thing placed on Cr. 319 north ofthe Grass Mesa entrance fachig the south bound traffic lane_ There will be no need to glace a sign in the north bound traffic lane of Cr. 319 as the Cleigillg sign for the Dalbo truck storage lot will cover the new entrances. This sign, post and installation will be as required in the MUTCD ( Manual on Uniform Traffic Control Devices) Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date July 7, 2004 • MAMM CREEK COMMONS, LLC. 45705 HWY. 6 & 24 GLENWOOD SPRINGS, CO. 81601 PHONE 970. 947. 9511 FAX 970.947.9233 e -nail ile'.i 19IlrnIILrtiv, u ahuu.coni May 6, 2005 Mr. Mike Morgan Rifle Fire Protection District 1850 Railroad Avenue Rifle, Colorado 81650 RE: SUP & BUILDING PERMIT FIRE PROTECTION STANDARDS Dear Mike, Enclosed herewith please find copies of the plans submitted to Garfield County for a building permit for the construction of a 9000 sq. ft.. building. This building will be built on a site located off CR 319. The fire hydrant location is indicated on the plans for your review and location approval. Please let me know if this location is ok with you as it can be relocated should you desire. Additional hydrants will be installed in the event other buildings are ever approved through the County. Storage for fire protection water will exceed the 180,000 gallons minimum requirements and also exceed fire flow requirements of 1500 GPM at 20 psi. As construction moves forward we will keep you updated on the progress and request your inspection of the construction periodically. Thanks for your help on this project so far and feel free to contact me in the event additional information may be desired. Sincerely, Jimmy Sills • • MAMM CREEK COMMONS, LLC. 45705 HWY. 6 & 24 GLENWOOD SPRINGS, CO. 81601 PHONE 970. 947. 9511 FAX 970.947.9233 e-mail May 6, 2005 Mr. Jake Mall Garfield County Road and Bridge Dept. P.Q. Box 426 Rifle CO. 81650 RE: PUMP HOUSE DRIVE PERMIT Dear Jake, Steve Hackett on April 28, 2005 sent an e-mail to Don Scarrow which in part requested we obtain written verification from you indicating a driveway permit is not required for the access to the pump house site off the Grass Mesa Road. I believe we talked about this quite some time ago and as 1 recall you indicated that since the access was from this private road there would not be a permit application required. If I am remembering right and you can provide Steve Hackett this verification it will be greatly appreciated_ Thanks Jake, Jimmy Sills v**4411°`�p COLORRIVERS ` ENGINEERING, INC. January 26, 2006 Mr. Robert Cribbs Colorado Department of Public Health 222 South 6th Street, Suite 232 Grand Junction, Colorado 81501 Dear Rob: • RECEIVED JAN 2 7 NH GAt t-I>~LJ L,oUNTY BUILDING & PLANNING RE: Mamm Creek Commons - Water Supply Plans Review P.D. Box 1301 Rifle, CO 81650 Tel 970-625-4933 Fax 970-625-4564 Colorado River Engineering, Inc. (CRE) has prepared the following Colorado Department of Health & Environment (CDPHE) Potable Water Supply Plans Review for the Mamm Creek Commons water system, as required by the State of Colorado and by Garfield County. Two copies are enclosed for your review. The Plans Review Application was approved and signed by Jim Rada of the Garfield County Health Department. He had two recommendations for the project; 1) that there should be some requirement for additional Nitrate testing, and 2) that there should be no service connections allowed within 580 -ft of pipe run from the pumphouse, as indicated in the application package. If you have any questions, please do not hesitate to call 970-625-4933. Sincerely, Christopher Manera, P.E. Cc: Jimmy Sills, Mamm Creek Commons Jim Rada, Garfield County Health Department Mark Bean, Garfield County Building & Planning ColomdkHealth.doe Mark Bean From: Jimmy Sills [jsills@rof.net] Sent: Wednesday, April 19, 2006 6:58 AM To: Mark Bean Subject: Fw: Mamm Creek Commons Hydrant flow test Original Message From: ‹kealveyrdriflefiredept.org> To: cjsills@rof.net> Sent: Tuesday, April 18, 2006 4:53 PM Subject: Mamm Creek Commons Hydrant flow test Dear Mr. Sills: On April 18, 2006 the Rifle Fire Protection District conducted flow tests on the fire hydrants located at Mamm Creek Commons. After conducting the test it is determined that the Static, Flow and residual test exceed the 1500 GPM fire flow requirements for this system. Therefore the Rifle Fire Protection District is accepting the fire system at this time. Thank you for your hard work and cooperation in this matter. If you have any questions please feel free to contact either myself or Chief Mike Morgan at 970-625-1243. Kevin Alvey Shift Supervisor RFPD mail2web - Check your email from the web at http://mail2web.com/ • Andy Schwalier From: Andy Schwalier Sent: Thursday. April 06. 2006 3:26 PM To: 'Jimmy Sills' Cc: Mark Bean Subject: Mamm Creek Commons Jimmy, • Page 1 of I Thanks for the fax regarding the water related issues. Please note that the construction of the water system and final certification of the as built system needs to be approved by the State prior to any permits being issued for this property. The local fire district will also have to do a flow test and inspect the equipment installation as well. Any occupancy of the present buildings prior to a C.Q. is a violation of the building code. In addition, there is a possibility that none of these properties will have insurance coverage if they are illegally occupied. We look forward to hearing from you soon on these issues. Sincerely, Andy Schwalier. Building Official Garfield County, CO 970.945.6212 4/7/2006 • • Andy 'Schwaller From: Jimmy Sills bsills@rof.net] Sent: Friday, April 07, 2006 7:23 AM To: Andy Schwaller Subject: Rifle Property Good Morning Andy. Page l of l Thanks for the e-mail, I was not aware of the final certificate needed from the State on the water system. The system is constructed pursuant to the design submitted so the as builts are not a probiem.l will have the engineers follow up and obtain the the certificate. Mark Hayes with Colorado River Engineering has been contracted with in order to keep the water system in compliance with documentation filings and operation requirements. He has been doing scheduled inspections on the system for a couple of months now and takes care of the chemicals as we certainly understand the importance of a safe water system. The fire system as builts will be provided to Mike Morgan by the engineers. They worked with the fire district on the design so P expect no problems with this concern. I am looking foward to getting these issues finalized in the near future and appriciate the County working with me until I do get things right. Thanks, Jimmy Sills -}i;/'{Hir, • Page 1 of 1 Mark Bean From: Mark Bean Sent: YVadnesday, May 24, 2006 8:03 AM To: ]aU|n@0ndoe1' Cc: Fred Jarman Subject: Subdivision Exemption Fred passed your fax on to me 10 respond to. given my lamiliarity with the property. n terms ol the spHt prior to 1973 by the County Road, the County Attorney's office now takes the position that deeds to the County are for right-of-way and do not split an ownership. Anght'cfonly allows the County touse and maintain the surface for road purposes, we dont own the land below Ihe surface. thnk Dean Hubble is going back lo a previous interpretation by the County Attorney that did say that a deeded right of way does split the property by operation of law. Subsequent legal research has changed that opinion to the previously noted position. As a result. tappears that your original 160 ac. can only be spHt into atotal cf4tracts by exemption. The 319 properly and Mamm Creek Commons property are each an exemption, because they each were legally split by the 35ac. exemption. Each 35 ac. exemption counts against the other exemptions that the BOCC will approve by exemption. There is an argument that the BOCC could approve the splil of these properties due to a County Road split. but that stUl only leaves a niaximurn of 3 more smaller spits that the BOCC could approve. You rtotals for the 2properties noted only comes upto125mc' It appears thatthere s another 35 ac. tracl that was a part of the original 160. |fthat's correct, then this 35 ac. split would count against the total that the BOCC would approve for the entire 160. Bottom line appears lhaI you may have 1 or 2 sptits that the BOCC could approve by subdivision exernplion.. Any ather spits would need to go through the regutar subdivision process. By the way. you dont need 10 do a PUD if you only want to split the property aut. The only reason you would neeci 10 go through the PUD process is if you wanted to split the property into more lots than you have Special Uses approved on the property now. If your interest is only to sell the property to the people that are or will be leasing from you based on the SUP approval. you only have to go through the reguar subdivision process. Hope thFs helps. I know it's not the news you hoped to hear„ but based on th nformation you have given us, it's the best we can do. Mark L. Bean, Director Building & Planning Department Garfield County, Colorado |008th SL,Suite 201 Glenwood SpringsCO. 81601 970-945-8212 5/24/2006 04/0E/200G 12:59 970947 33 RECEIVED APR 0 6 2006 GARFIELD COUNTY BUILDING & PLANNING Bill Collins 970.945.1014 JIMMY SILLS • MAMM CREEK COMMONS, LLC. 0539.83 COURT GLENWOOD SPRINGS, CO. 81601 PHONE 970. 928. 8882 FAX 970.928.7779 e-mail 11c319proaerties yahoo.com Don Scarrow 970.945.8664 FACSIMILE DATE: TO: FAX NUMBER: FROM: NUMBER OF PAGES: REFERENCE: Hey Andy, April 6, 2006 Andy Schwaller 384-3470 Jimmy Silts 3 including this cover Water System PAGE 01 Jimmy Sills 970.928.8882 We have received and 1 am including the State approval on the domestic water system. We have also re -piped the fire main to a 10 inch line and added fire hydrants as required by Mike Morgan. We are trying to get the fire district out to do the flow test and inspection so they can sign off on things as well. Hopefully this will get done no later than Monday but they do things at their own pace. Sure will be glad when all this gets finalized. Sincerely, Jimmy Sills 04/05/2006 12:59 97094.33 JIMMY SILL.5 PAGE 02 STATE OF COLORADO Hilt Owens, Governor Dennis E. Ellie, Executive Director Ded+iarrd m prorrcuxg aid fovea w g the /with a 'ansa: * oldie prapla ofCaro.4de 4300 Cherry Crock Drive South Denver, CO 80246.1530 Phone (303) 692-2000 TDD Line (303) 691-7700 Located in Glendale, Colorado htrp://www.cdphe.siate.co.us March 30, 2046 Mamm'treekCommon s Attn.: Mr. Jimmy Sills, Manager 45705 Hwy 6&24 Glenwood Springs, CO 81601 Colorado River Engineering, Inc Attn.: Christopher Manera, P.E. P,O. Box 12301 Rifle, CO 81650 Grand Junction Regional Office 222 Sauk 6th Street, Room 232 Grand Junction, Colorado 81501-2768 Fax (970)248-7198 Colorado Department of Public Health and Enviramnenr Re: Plans and Specifications Approval for the Mamm Creek Commons, Transient Non -Community Water System, PWS1D4 CO -PENDING, Garfield County Dear Mr. Sills, and Mr. Manera: The drinking water plans for the Mamm Creek Commons Transient Non -Community Water System, received January 27, 2006, and March 17, 2006, were reviewed in accordance with Article 1.11.2 of the Colorado Primary Dririkinz Water Regulations, and the gelerasj<L12elignahle Water S stems and are hereby approved. The approval is for the following: Groundwater Treatment Facility Hypochlorination Disinfection System Chlorine Contact/Dedicated Plug Flow Pipeline = 572 -ft 6" pipe = 840 -gallons Chlorine Contact Time = 844-gallonsr28-gpm X NT factor 1.0 = 30 -minutes Lazier Sills Well #2 - Ground Water Well --- Permit No. 61926F Upon completion of construction, a written certification from your engineering firm stating that the facility was built as approved by this office must be submitted to the Department. 214/RE/20E16 12:59 97094.33 JIMMY SILLS 40 PAGE 03 In accordance with the Colorado Primary Drinking Water Regulations. the water quality monitoring shall commence no later than at the time when the water system becomes Public. reaching 15 taps or serving twenty-five people for sixty or more days per year. You must notify this office in writing when the water system meets the definition of 15 taps or serves twenty-five individuals for sixty days per year. Failure to notify the Division will result in a violation of the Colorado Primary Drinkin . Water Re atlat. ns. Under current regulation, when the water system becomes Public, it will be classified as a small water system requiring a minimum of the small water system water treatment certification in direct charge of the water treatment facility. The small water system certification combines the water treatment certification and Class 1 Distribution certification into a single test and certificate. Any point source discharges of water from your facility are potentially subject to a discharge permit under the State Discharge Permit System. Any point source discharges to state waters without a permit are subject to civil or -criminal -enforcement action. ffthis facility has any discharges without permits; you =required to -- contact the Water Quality Control Division, Permits and Enforcement Section, at (303) 692-3500. regarding permit requirements. Please note that Article 12 of the Colorado Primary DrinkingWater Regulations require the reduced pressure backflow prevention device be tested on installation and tested and maintained at least annually thereafter, by a Certified Cross-Corutection Control Technician. The annual testing and maintenance records of the containment device must be retained. Attached to this letter you will fund a Customer Satisfaction Survey, We would greatly appreciate it if you would take a few moments to complete this survey and return it to us. Simply fill out the form. fold it according to the directions and drop a in the mail. The postage is already paid! Thank you for your time. If you have any questions, please call Robert Cribbs at (970) 248-7199. Sine Robert Cribbs Environmental Protection Specialist Water Quality Control Division /AL - Torn Schaffer, P.E. West Slope Supervisor Water Quality Control Division Enc. To Mark Hayes and Christopher Manera: Survey Form CC: Jiro Rada, Garfield County Health Department Erica Kannely/Denver File, CADM. WQCD Mark Kadnuck, P.E., D.E., Technical Service unit, WQCD R. Cribbs • • Mark Bean From: Steve Anthony Sent: Thursday. April 27, 2006 3:28 PM To: Mark Bean:'jsills@rof.net' Subject: RE: Mamm's Creek Commons SUP Page 1 of 1 Mark Jimmy Sills has provided me with further information an weeds. revegetation, and a soil plan plus the landscaping plan. Everything is acceptable. Let me know if you have any questions. Steve From: Mark Bean Sent: Friday, April 07, 2006 9:37 AM To: jsills@rof.net. Cc: Steve Anthony Subject: Mamm's Creek Commons SUP Jimmy: After looking at this further, I thought it would be best for me to follow up on some issues related to the approval of your Mamm's Creek Commons project. At this point, you have a conditional approval of the BOCC, no actual permit has been issued. Before the BOCC can approve the SUP, you have to meet the conditions of approval made at the hearing. The water system issues are part of the approval issues. There is one other issue that does not appear to have been addressed, which is an approved Vegetation Report by the County Vegetation Manager. Steve Anthony. I am including him in this email, so he is aware of this communication too. Before the SUP can be issued, you need to comply with condition #10 in the attached letter. For your convenience, I'm attaching the letter sent to Don Scarrow in September of last year. which identifies all of the conditions of approval that will be included in a final resolution of approval and permit. If you have any questions. Ret me know. Mark L. Bean, Director Building & Planning Department Garfield County. Colorado 108 8th St. , Suite 201 Glenwood Springs, CO. 81601 970-945-8212 mbean@garfield-county.com 4/27/2006 • `Nip COLORADO `�� RIVER ENGINEERING, INC. RECEIVED APR 2 5 200R P.O. Box 1301 Rifle. CO 81650 Tel 970-625-4933 Fax 970-625-4564 .April 25, 2006 Mr. Robert Cribbs Colorado Department of Public Health 222 South 6th Street, Suite 232 Grand Junction, Colorado 81501 BUILDING' 4 PLANNNG RE: Mamm Creek Commons — Potable Water System Dear Rob: By way of this letter we are certifying that the Mamxn Creek Commons Water System has been constructed and is currently in use as described in the water supply plans review submittal package, approved by your office in a letter dated March 30, 2006. The system, as approved, is intended to supply up to 5 -buildings, 4 of which are either fully constructed or under construction at this time. Water service to the fifth building, to be located off of Grass Mesa Road, will be connected to the existing main water supply line no closer than 572' of pipe distance from the water treatment pumphouse at the time of building construction., as noted in the approval letter. It is our understanding that there is no further approval required from the CDPHE for this water system. Assuming that the two completed buildings each serve 4 -regular on-site employees and a similar number of transients, the total population served is assumed to be approximately 16 -people. As the additional buildings are occupied, the total population served is expected to grow as described in the plans review submittal package. The CDPHE will be notified when the total population, regular and transient, reaches 25. If you have any questions, please do not hesitate to call 970-625-4933. Sincerely, Christopher Man Cc: Jimmy Sills, Mamm Creek Commons Mark Bean, Garfield County Building & Planning Jim Rada, Garfield County Health Co lorad of i cal th4. doc 05/21/2006 07:44970947 33 Bill Collins 970.945.1014 JIMMY SILLS 1110 MAMM CREEK COMMONS, LLC. 0539 JB COURT GLENWOOD SPRINGS, CO. 81601 PHONE 970. 928. 8882 FAX 970.928.7179 e-mail jsills(iiruf oet Don Scarrow 970.945.8664 FACSIMILE DATE: May 21, 2006 TO: Fred Jarman FAX NUMBER: 384-3470 FROM: Jimmy Sills NUMBER OF PAGES: 3 including this cover REFERENCE: Subdivision Exemption MAY 2 2 200 GARFiL f CLIUNTY BIALDPNG & PLANNING PAGE 01 Jimmy Sills 970.928.8882 05/21/2005 07:44 9709476'3 May 21, 2006 JIMMY SILLS PAGE 02 MAMM CREEK COMMONS, LLC. 0539 JB COURT GLENWOOD SPRINGS, CO. 81601 PHONE 970. 928. 8882 FAX 970.928.7779 e-mail isills{iiirof.net Mr. Fred Jarman Garfield County Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO. 81601 RE: Exemption from the Definition of Subdivision Dear Fred, Recently I spoke with Mark Bean regarding the possibilities of obtaining a Subdivision Exemption for our property south of the Garfield County Airport on 319 Road. Mark told me I needed to do a title search in order to determine the status of the land prior to 1973. 1 met with Dean Hubble with Commonwealth Title in Rifle and he thought that the total 160 Acre parcel which 1 purchased in 1980 may be considered as split into 2 parcels prior to 1973 by a Deed for County Road 319 which is recorded in Book 79 at Page 588. In the event this opinion agrees with your interpretation of the County rules and regulations than I would like to get your thoughts on the following. Property West of CR 339: Approximately 80 acres owned basically by Mart= Creek Commons, LLC. may be eligible for an Exemption into: Lot # 1 , ... 2 plus acres with the RedMan Buildbag on it. Lot # 2 .... 7 plus acres with the Schlumberger Building on it Lot # 3 ....2 phis acres approved for construction with a Special Use Permit. Lot # 4 ,... 4 plus acres which would require a Still application and approval. Lot # 5 , , .. The remaining Parent Property of approximately 65 acres. Property East of CR 3191 Approximately 45 acres owned basically by the 319 Properties, LLC. may be eligible for an Exemption into: Lot # 1 .... 2 plus acres with the Brandt Building on it. Lot # 2 .... 2 plus acres with the National OilWell Building on it Lot # 3 ..., 2 plus acres which would require a SUP application and approval Lot # 4 .... 2 plus acres which would require a SUP application and approval. Lot # 5 .... The remaining Parent Property of approximAttly 37 acres. 65/21/2666 07:44 9769473 JIMMY SILLS • • PAGE 03 I understand that by creating these lots I would need to revise tlx: Non Transient Water System currently approved by the State of Colorado due to the number of people served exceeding 25. The engineers who monitor the existing system for compliance of the State regulations feel this can be accomplished. I also understand that submitting the exemption application without knowing the Staffs thoughts is a big and costly mistake. Ever hear the saying " you can't fight City Hall " 7. I find there is a lot of truth in that and even though Staff has always helped me with things I am getting to old to try and push anything through without first knowing Staffs thoughts. I reckon one actually can teach old dogs new tricks. In reviewing the application form for exemption I don't see anything that can't be provided and feel this process would better serve the land rather than going for a PUD. I know you guys are busy but I sure would appreciate an e-mail or phone call indicating what you think of this. The lots are basically established with the building permits and SUP applications and I will be more than happy to sit down with you any time to review a sketch and incorporate your thoughts prior to submitting the applications. Thanks for your considerations, HIGH *TRY ENG!NEERI, CIVIL ENGINEERING MEMORANDUM TO: CARFIE:UD 'COUNTY PLANNING FROM: JEFF ODOR DATE: JULY 8, 2005 • LAND SURVEYING SuBJEC : S.U.P. FOR MAMM CREEK COMMONS -- FIRE WATER SYSTEM HCE JOB Na: 2031046.00 This memo is in regard to the Fire Protection Water System for Mamm Creek Corlamons Special Use Perm .t_ . it has come to the attention of High Country Engineering (HCE) that a fire simply test has been completed. The results currently have not been received, but it is understood that the Rifle Fire District is not in acceptance of the current system. High Country Engineering has recommended to Mr. Sills that he contract with an engineering firm specializing in water systems to address the problems and develop options to adequately supply the required ire protection. Mr. Sills has indicated that he is in agreement to contract with Zancanella & Associates and will install additional infrastructure or make changes to the existing infrastructure to adequately supply the required fire protection. 15 I7 BLAKE AVEI4u6, SUITE 101 GLENwQQ❑ SPRINGS, CO 61601 9709456676 • PHONE 974-952555 • FAx WWW.H ENG.COM 14 IAlvERNev5 DRIVE EAST, SulrE F-120 E NGLZWO00, CO 801 12 303-925-0544. PHONE 303-925-1547 •FAX MAMM CREEK COMMONS PLANS REVIEW January 17, 2006 2 3 4 5 6 7 8 Plans Review Application Water Supply Plan Appendix A Appendix B Appendix C Appendix D I 1 Colorado Department of Public Health and Environment WATER QUALITY CONTROL D IS!ON Drinking Water Section, WQCD - DW - 82 4300 Cherry Creek Drive South Denver, Colorado 80222-1530 (303} 692-3500 APPENDIX II PLANS REVIEW: POTABLE WATER SUPPLY FACILITIES See instructions on page 4 (Please Print or Type) System Name: Mamm Creek Commons (Name of Municipality, District, Utility, Business. Camp, or Other Establishment} County in which facility is located: Garfield PWSID# nra Business Address: Mamm Creek Commons, LLC Telephone #:( 970 ) 947-9511 319 Properties LLC c/o Jimmy Sills 45705 Hwy 6 & 24 Glenwood Springs, CO 81601 Legal Representative: Jimmy Sills Manager Name Title The following documents must be included in every submittal: Project Summary Flood Plain Certificate Plans and Specifications Design Calculations Chemical Analysis -Fid Plar7 r, Consulting Engineering Company: Colorado River Engineering, Inc. Inventory Form -Lead -&Copper-A nla -J Ilnerability Asssssmant ala 100ft Radius Site Assessment Project Engineer: Chris Manera CO License #: 30579 Address: PO Box 1301 136 East 3rd Street Rifle CO 81650 -inti nla 'alnformation-requirerrients.) Telephone: ( 970 ) 625-4933 ala Estimated completion date: ni a Size: 0.04 (MGD) Population Served: 24 Taps: • 5 (Residents or employees) (Transients) 3. Revised 11/96 INFORMATION REGARDING WATER TREATMENT FACILITIES Surface water source name: nla - groundwater only 2. Identify all domestic and industrial waste discharges five miles upstream n/a - groundwater only 3. Groundwater aquifer name: Groundwater associated with the Wasatch formation. 4. If a well, what is the depth? 150 (feet) Please refer to item # 11 on page 4 of the Instructions. 5. Source Water Location (Latitude and Longitude): Lat N 39 deg 30.408' Long W 107 deg 44.522' 6. Location of water treatment facility: (Latitude, longitude, as well as distance and direction from nearest incorporated town or city). Lat N 39 de. 30.436' Lon ■ W 107 deg 44.506' Located approximately 3 miles southeast of Rifle. Colorado 7. Approval by the County Health Department is required: //'/t0 YES Date Approved (yes or no) .,, ,, .—Q a oe( qtr.,. -E ,9 tr i, +tet e ,-,-vi e+t G ,/_ - -ie ,t- i4a-r e --1-1- 64-1 C-ea4- e� p 1",.e. ,/) ,1>i it - c .de . r1 ol- e€P c 6 “ck.6L4I , t, '�j,"i 2 `"�t-P_ I 1.41a.. 'tv yLli'f c +L vs -do - . t.ter, a> fv V , /-/CA- , T AV -7K- ) Signature nd title Legal Representat Signature ! 2' 117/?. 0 Date It is the responsibility of the legal representative to obtain all needed permits (for discharges, wells, overflow, stream crossings, highway crossings, building, etc.). During the design process. consideration was given to special requirements by other state and local regulatory agencies for items such as safety requirements, special designs for the disabled, fire protection, emergency power, plumbing and electrical codes, etc. 2 Revised 11/96 411/ Administrative Contact Name: Colorado Department of Public Health andE nimnrnent Colorado Department of Public Health and Environment Water Quality Control Division Safe Drinking Water Information System (SDWIS) Inventory Form For Department Use Only I Confirmed By: CC To: PWSID Number (If New System, this will be assigned by the Department): COQ X❑ New System ❑ Proposed System ❑ Changes to Existing System Changes Include (please check all appropriate boxes); ❑ PWS Name ❑ PWS Mailing Address ❑ PWS Physical Address ❑ PWS Phone/Fax ❑ Admin Contact Owner Contact ❑ Owner Mailing Address ❑ operator Information ❑ System Population ❑ Sources Treatment ❑ Sampling Point LI Other Public Water System (PWS) Information PWS Name: Mamm Creek Commons Items in Bold Type must be completed or form will be returned County: Garfield PWS Mailing Address: Mamm Creek Commons, clo Jimmy Sills, 45705 Hwy 6&24, Glenwood Springs, CO 81601 (P.O. Box or Mail Stop) PWS Physical Address: Grass Mesa Road, Rifle, Colorado 81650 (Physical street address) PWS Phone: 970-947-9511 PWS E-mail (if Applicable): PWS Fax: 970-947-9233 • Jimmy Sills Phone: 970-947-9511 (Administrative Contact: The administrative contact receives mail at the PWS location and is the primary contact person for drinking water program communications.) Owner Contact Name: Mamm Creek Commons, LLC Phone: 970-947-9511 (Legal Owner: The legal owner is an individual, corporation, partnership, association, state or political subdivision thereof, municipality, or other legal entity.) Owner Mailing Address: Mamm Creek Commons, c/o Jimmy Sills, 45705 Hwy 6&24, Glenwood Springs, CO 81601 Owner Physical Address: Mamm Creek Commons, c/o Jimmy Sills, 45705 Hwy 6&24, Glenwood Springs, CO 81601 Owner Fax: 970-947-9233 Owner E-mail: Operator in Responsible Charge Name: Mark Hayes Phone: 970-379-9269 Operator Cert. #: Oper C - 3251 Operator Class: C ORC Emergency Phone: 970-945-59191970-6625-4933 Dist. 1 - 2810 Mark Hayes Name of Person Completing Form Please return the form to: Operator 01/17/2006 Sig a ure Title Date Colorado Dept of Public Health & Environment WQCD-CADM-B2 Drinking Water Data Management 4300 Cherry Creek Drive South Denver, CO 80246-1530 • System Population Information Population Types & Operating Periods Population Types (See Page 3) Resident Non Resident Visitors Wholesale Maximum Number of Persons Served per Day Are these year-round populations? Number of service connections If No, please include dates of service used by each population type 0 Source Name (As used by system} Water Type: G GUI 24 Yes 5 24 Yes 5 0 Aquifer Name Well Depth (In 1 t.) System Source(s) Details Please include system flow diagram, detailing all sources, treatment and storage facilities and distribution system with this form. system has more than five sources, please attach additional sheets. State Assigned Source ID Code For DepartmentSW only Source Name (As used by system} Water Type: G GUI Seasonality Ground Water Sources Only Purchased (Yes or No) Seller's PWSID (if applies) Source Latitude Source Longitude P — Year Rnd S — Seasonal 0 — OtheW r E — Emer. I --Interim Aquifer Name Well Depth (In 1 t.) SW -003 Raw Lazier Sills Well #2 GW P Wasatch formation 150' N nia 39d30.408' 107d44.522' GW - Ground Water; GUI - Ground Water Under the Influence of Surface Water; SW - Surface Water System Treatment Details Please include plant schematic with this form if system has more than three treatment plants, please attach additional sheets State Assigned Treatment Plant ID For Use Only Treatment Plant Name (As used by system) Contributing Sources !List all sources feeding each treatment plant) Rated Capacity [WIGD Treatment Process Codes (List all that Apply — see Page 3) c 4 �' ,2 Le c Warehouse Mamm Creek Commons Pumphouse Lazier Sills Well #2 0.04 421 SW -003 Raw Total Collform Bacteria Lat 39d30,436' Long 107d44.506' 39d30.436' 107d44.506" Sampling Point Details If system has more than five sampling points, please attach additional sheets Sample Point ID (As used by system) Sample Type (Raw, Treated, EP, CFE, IFE, DS) Contaminant(s) (List all parameters measured at this sampling point) Sample Location (please indicate sampling point location on system flow diagram and include Longitude and Latitude if possible) Lat 3900.436' Long 107d44.506' Pumphouse EP -001 Treated Total Coliform Badena, Nitrate, Cl Residua Warehouse CS -002 Treated Total Conform Bactena, CI Residual Lat 39d30.35T Long 107d44.299' Purnphouse SW -003 Raw Total Collform Bacteria Lat 39d30,436' Long 107d44.506' EP Entry Point; CFE- Combined Filter Effluent WE - tornvidaal Fitter Effluent: DS - Distribution system • 001 Treatment Applied DISINFECTION 401 Gaseous Chlorination, Post 403 Gaseous Chlorination, Pre 421 Hypachlorination, Bleach, Post 423 Hypochlorination, Bleach, Pre 200 Chloramines 220 Chlorine Dioxide 541 Ozonation, Post 543 Ozonation, Pre 720 Ultraviolet Radiation 190 Bromine TREATMENT CODES FILTRATION 240 Coagulation 600 Rapid Mix 360 Flocculation 660 Sedimentation 345 Filtration, Rapid Sand 801 Filtration, Bag 341 Filtration, Cartridge — variable or unknown size 850 Filtration, Cartridge —1 micron 855 Filtration, Cartridge -- 0.5 micron 870 Filtration, Cartridge — 20 micron • 342 Filtration, Diatomaceous Earth (DE) 343 Filtration, Greensand 344 Filtration, Pressure Sand 346 Filtration, Slow Sand 347 Filtration, Ultrafiltration 348 Filtered 520 Microscreening 002 Unfiltered, but Required to Filter 865 Cartridge Filter, Roughing • OTHER FORMS OF TRETMENT 100 Activated Alumina 121 Activated Carbon, Granular 125 Activated Carbon, Powdered 141 Aeration, Cascade 143 Aeration, Diffused 145 Aeration, Packed Tower 147 Aeration, Slat Tray 149 Aeration, Spray 160 Algae Control 180 Bone Char 320 Electrodialysis 300 Distillation 380 Fluoridation — include date fluoridation began 441 Inhibitor, Bimetallic Phosphate 443 Inhibitor, Hexametaphosphate 445 Inhibitor, Orthophosphate 447 Inhibitor, Polyphosphate 449 Inhibitor, Silicate 460 Ion Exchange 500 Lime — Soda Ash Addition 740 pH Adjustment 742 pH Adjustment, Pre 741 pH Adjustment, Post 560 Permanganate 580 Peroxide 623 Reducing Agent, Sodium Bisulfate 625 Reducing Agent, Sodium Sulfite 627 Reducing Agent, Sulfur Dioxide 620 Reducing Agent 640 Reverse Osmosis 680 Sequestration 700 Sludge Treatment 875 Water Softener with Zeolite POPULATION TYPES Resident Persons whose primary residence is served by the system. The individual need not live at the residence for 365 days/year for it to be considered his/her primary residence. Non -Resident Persons who do not reside at a place served by the water system, but have a regular opportunity to consume water produced by the system for at least six months of the year. Regular opportunity is defined as four or more hours per day, for four or more days per week. Examples of this would include individuals like employees, students, teachers, etc. Visitors Wholesale Persons who do not regularly consume water from the system, but who have the opportunity to consumer water produced by the system. Persons served by a water system that purchases water from your water system. ;COTE: If your water system serves a commercial building that employs 50 individuals (non-residents), but 30 of those individuals are also residents of the system, the system would only consider 20 of the employees as non- residents when figuring out the maximum number of persons served by each population type. \14144111440.CROnfLOERRADO • ENGINEERING, INC. P.Q. Box 1301 Rifle, CO 81650 Tel 970-625-4933 Fax 970-625-4564 January 17, 2006 Mr. Jimmy Sills Mamm Creek Commons, LLC 319 Properties, LLC 45705 Hwy 6&24 Glenwood Springs, CO 81601 RE: Mamm Creek Commons - Water Supply Plan Dear Jimmy: Colorado River Engineering, Inc. (CRE) has prepared the following report summarizing the water supply plan for the proposed Mamm Creek Commons project. The purpose of the water supply plan is to provide the basis for a Colorado Department of Health & Environment (CDPHE) Potable Water Supply Plans Review of the proposed Mamrn Creek Commons water system, as required by the State of Colorado and by Garfield County. Item 7 of the September 2, 2005 Garfield County Planning Department conditions of approval letter, regarding the Mamm Creek Commons Special Use Permit, specifically requires approval of the water system by the CDPHE, copy attached. We have confirmed with Mark Bean at Garfield County Building & PIanning and with Rob Cribbs at the CDPHE Grand Junction Office that a Plans Review, not a Capacity Review, is required for the proposed Transient Non -Community public water system. Project Summary The Mamm Creek Commons project is located in Sections 23 & 26, Township 6 South, Range 93 West of the 6th PM. The property borders County Road 319, approximately S- miles southeast of Rifle, Colorado, as shown on the attached Figure I. It is our understanding that the proposed water system will supply up to 5 buildings. 3 buildings are proposed for construction as described in Item 13 of the above mentioned September 2, 2005 Garfield County special use permit conditions of approval letter. Two existing buildings were constructed under a prior special use permit recorded November 9, 2004, copy attached. The relative locations of the existing and proposed buildings are shown on the attached Figure 2. Item I3 of the September 2, 2005 conditions of approval letter specifically limits the employee occupancy of the 3 proposed buildings, one of which is partially completed. -There shall only be a total of twelve (12) on-site employees allowed, not more than four (4) for each of the three (3) buildings." Item 15 of the November 9, 2004 conditions of • approval letter specifically limits the employee occupancy of the 2 existing buildings. "There shall only be a total of twelve (12) employees allowed, only six (6) for each of the two (2) buildings." It is assumed that there could be up to twenty four (24) employees in the five (5) existing and proposed buildings combined. Retail and wholesale sales are prohibited by the conditions of the Special Use Permit, thus minimizing the number of visitors to the facilities. With a regularly served population of 24 employees and a minimal number of visitors, the total population served would be expected to exceed 25 persons, therefore classifying the system as a Transient Non -Community Public Water System. As a Transient Non -Community water system, the regularly served population cannot exceed 24 persons without the system being reclassified as Non -Transient Non -Community.. Should future development at Mamm Creek Commons increase the regularly served population beyond 24 persons, a Capacity Review submittal and approval would be required by the CDPHE. The Capacity Review would include the analysis of various Technical, Managerial, and. Financial operational parameters as well as the analysis of additional water quality parameters such as Organic, Inorganic, and. Radiological contaminants. Legal Water Supply The IegaI supply of water for the project is provided by means of a water supply contract with the West Divide Water Conservation District. A copy of the contract #030219WC(a) for the purchase of 16.23-af of water is included in Appendix A. An existing well provides the water supply for the system. The well. known as the "Lazier/Sills Well No. 2", was originally constructed under Well Permit 252359. This permit has been canceled and a new Well Permit 61926-F as been issued. A copy of the new permit is included in Appendix l3 along with the well construction and pump installation report for the original well construction. A well detail drawing is attached as Figure 3. Water Demands The estimated water demand used to determine the amount of water leased from the West Divide Water Conservation District was 150-gpd per commercial building or 50-gpd per employee. Using a 50 -gallon per employee demand, multiplied by a maximum expected regularly served employee population of 24 0 -employees per 3 new buildings plus up to 6 -employees per each of the 2 existing buildings) the average daily demand would be 1200-gpd. Retail and wholesale sales are prohibited by the conditions of the Special Use Permit, thus limiting the number of visitors to the facilities. Irrigation demands for the commercial facilities were calculated from the West Divide water lease to be 4000 -sq ft per building or 20,000 -sq ft of total irrigated area for the 5 existing and proposed buildings. The peak irrigation demand was calculated to be 0.415-af for the 5 buildings combined. To meet the irrigation demand for the 5 buildings would require approximately 4360-gpd, or a continuous diversion of 3-gpm during the peak irrigation 2 • • • month of July. The total expected demand for employee and irrigation requirements is 5560-gpd. Physical Water Supply The five (5) buildings will be served by an existing, non-CDPHE approved water system. The pumphouse and water system were constructed during 2004 and will be the subject of a CDPHE Plans Review. As -built documentation, proposed improvements, design calculations, and schematic photos (P1 & P2) have been prepared by Colorado River Engineering, Inc. and are attached as Appendix. C. The as -built survey and site topography were provided by High Country Engineering, Inc. The "Lazier/Sills Well No. 2" was originally completed on August 18, 2003 by Shelton Drilling Corporation. The total depth was 150'. with water encountered at 45'-60' and 100'-120'. The static water level was 24'. The well driller tested the well for two hours at a rate of 15-gpm. The well was subsequently tested under the supervision of Resource Engineering, Inc. for a period of 24 -hours. A copy of the Resource Engineering pump test report is attached in Appendix B. The well was tested at a rate of 23-gpm and 33- gpm during the test with a maximum drawdown of 3T-8". The well recovered to over 99% of drawdown within 72 -hours of the shut down of the pump. Resource Engineering recommended that an average yield of 30.000-gpd be used for planning purposes. 30,000-gpd represents a continuous pumping diversion rate of approximately 21-gpm. To remain at or below the recommended 30,000-gpd, the well could be pumped at a greater rate with alternating periods of pumping and non -pumping activity to allow for periods of recovery, as stated in the Resource Engineering Report. The " Lazier/Sills Well No, 2" was permitted to produce 35-gpm and tested to produce from 23-gpm to 33-gpm. As currently proposed, the total expected demand for employees and irrigation is 5560-gpd. For design purposes, 28-gpm was assumed as the normal pumping rate, at which rate approximately 200 -minutes per day of pumping would be required to meet the expected demands. Other than the two pressure tanks at the pumphouse, there exists no additional operational water storage component in the Mamm Creek Commons water system and none is required by the CDPHE. The developers may, at their option, choose to install additional operational storage. 10,000 -gallons of domestic water storage would provide approximately 2 -days days of water storage in the event of a well or pump failure. A. separate fire water storage and delivery system in the amount of 90,000 -gallons is also provided for the facilities. The fire water storage and delivery system is not the subject of this report and will not be included in the CDPHE plans review process. Floodplain The well was constructed approximately 175' to the southwest of the pumphouse. Both the pumphouse and the well are located on a hillside, away from any stream or drainage • channels. The attached Figure 4 and Figure 5 show the property topography and the location of the existing well, pumphouse, and pipelines. The location of the project is outside of FEMA published floodplain mapping, as shown in Appendix D. Review of the site topography indicates that the well and purnphouse are located at approximately elevation 5660', as shown on Figure 5. The nearest drainages are located approximately 180' and 250' to the southwest of the well. The drainages are contained in 36" and 48" CPM culverts, respectively, at the road crossings above the well. Photos of the culverts and the well and purnphouse, (P3, P4, & P5) are attached in Appendix D. A map of the drainage area showing the peak flows for a 100 -yr, 24 -hr storm event prepared by High Country Engineering is attached in Appendix D. The expected 100 -yr peak flood flow at the 60" culvert immediately downstream of the well was estimated by high Country Engineering to be 93.78-cfs. Based on the proportional area of the drainage basins collecting at the 36" and 48" culverts, the proportional peak flow to each culvert would be approximately 10% (9.4-cfs) and 90% (84.4-cfs), respectively. Both culverts would be expected to pass their respective flows at a flood elevation below that of the road, as shown in the culvert flow outputs contained in Appendix D. Due to the close proximity of the 36" and 48" culverts to one another, it would be expected that any overflow that would occur from exceeding the capacity of either culvert would be passed by the other culvert. The well casing and sanitary seal extend 14" above the surrounding surface, providing additional protection from surface drainage or sheet flows. A copy of the floodplain certification is included in Appendix D. Site Assessment The area within a 100' radius of the well has been examined and found to be free of any potentially hazardous chemical storage facilities. An above ground propane storage tank is located adjacent to the Manim Creek Commons pumphouse. A 4-f1 x 6 -ft concrete pad has been constructed around the well Bead and positive drainage away from the well head exists for a minimum of 20 -ft. Although the ISDS requirement for each building is not expected to approach 2000 gallons per day, this value was used to determine the ISDS setback from the well. 2000 gpd is the maximum size ZSDS that could be constructed without obtaining a CDPHE wastewater discharge permit and undergoing an associated engineering review. Assuming a setback of 100' for the first 1000 gpd of ISDS capacity and 8' of setback for each additional 100 gpd, a 2000 gpd ISDS system would require a 180' setback radius from the well. There should be no ISDS systems allowed within this setback radius from the well. ater Quality I lie water quality analyses required for approval as a Transient Non -Community Public Water System are Nitrate & Nitrite, and Total Coliform Bacteria. The presence of Coliform Bacteria in a water system indicates that a risk of contamination from other pathogenic organisms could exist. Ingestion of water containing elevated Nitrate & Nitrate levels can limit the ability of blood cells to absorb oxygen. 4 Water quality samples for Nitrate & Nitrite were collected from the "Lazier/Sills Well No. 2" on January 9, 200E and forwarded to the Colorado Department of Health & Environment in Denver, Colorado for analysis. Both raw and treated water samples were collected on January 9, 2006 and forwarded to the Colorado Department of Health & Environment in Grand Junction, Colorado for analysis. Results of the water quality analyses are presented below: "Lazier/Sills Well No. 2" Nitrate/Nitrate 9.8 mg/1 Total Coliform (Raw) 0 colonies/100ml Total Coliform (Treated) 0 colonies/100ml Health Department Limits 10 mg/l 0 colonies/100nil 0 colonies/100ml The water quality results for Coliform Bacteria and combined Nitrate/Nitrite do not exceed CDPHE guidelines. Copies of the results are attached in Appendix B. Sumnnary The proposed water supply plan will utilize existing water system appurtenances, with water supplied from the "Lazier/Sills Well No. 2". The system will serve up to (5) commercial buildings with up to (24) regularly served employees. The legal supply is provided by a West Divide Water Conservancy District water contract. A well test on the "Lazier/Sills Well No. 2" shows a physical supply yield in excess of demands. Water quality analyses show that Coliform Bacteria combined Nitrate/Nitrite levels do not exceed CDPHE guidelines. If you have any questions, please do not hesitate to call 970-625-4933. Cc: Larry Mincer Enc1: CM:mh WalerSystem doc • 5 Sincerely, Christopher Manera, P.E. September 2, 2005 Don Scarrow 1981 CR 210 Rifle, Colorado 81650 Garfield County BUILDING & PLANNING DEPARTMENT RE: Special Use Permit for Mamm Creek Commons, LLC Dear Don, As you are aware, on Monday August 1, 2005, the Board of County Commissioners approved the request for a Special Use Permit for the storage of oil and gas drilling equipment, storage, or material handling of natural resources, with the following conditions: 1, All representations of the Applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval, unless specifically altered by the Board. 2. The Applicant shall comply with all applicable requirements of the Garfield County Zoning Resolution of 1978, as amended. 3. The Applicant shall comply with all State and Federal regulations and standards, such as Noise Abatement, Water and Air Quality. 4. Vibration, emission of smoke and particulate matter, and the emission of heat or radiation shall comply with applicable Federal, State, and County laws, regulations and standards. Any signage installed on-site shall obtain a sign permit in compliance with the applicable County Sign Code. Any changes to the Special Use Permit for all uses as listed in the application as amended and the exhibits as attached shall require an amended Special Use Permit or new Special Use Permit in accordance with the regulations in affect. 7. The Applicant shall provide the Colorado Department of Health and Environment, Water Quality Control Division with information and analysis as per the "New Water System Planning Manual" regarding the type of water system the proposal will be using. A copy of 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 /I1741 04 01 i? /11 Iii 110 C 71171 t:..... /(17/11 7 Ci A !. 7/1 the letter of approval of the domestic water system State shall be provided to the Garfield County Building and Planning Department. A copy of the proposed water system plans, specifications and design assumptions shall be submitted to the County at the same time they are submitted to the CDPHE. 8. No Certificates of Occupancy will be issued prior to the approval ofthe Colorado Department of Public Health and Environment, Water Quality Control Division's approval of the proposed domestic water supply system . 9. The Applicant shall determine actual water service potential and submit this information to the Rifle Fire Protection District for review and approval. The resulting response shall be sent to the Garfield County Building and Planning Department noting satisfactory compliance, or mitigation actions recommended by the reviewing entity which shall be in place or satisfied prior to issuance of the Special Use Permit. Further, no Certificates of Occupancy will be issued prior to the Building and Planning Department receipt of written confirmation of satisfaction of the water suupply, from the Rifle Fire Protection District, 10. The Applicant shall provide a Vegetation Report to the Garfield County Vegetation Management Department with a response sent to the Garfield County Building and Planning Department noting satisfactory compliance, mitigation actions, security or any other requirements recommended by said department which shall be in place prior to issuance of the Special Use Permit. 11. The Landscaping Plan proposed in the application shall be in place prior to occupancy and Certificate of Occupancy for any building Additionally, all storage of heavy equipment shall be enclosed in an area with screening at least eight (8) feet in height and obscured from view at the same elevation or lower. This Plan shall be submitted to the Garfield County Building and Planning Department as a part of any building permit application.. 12. Hours of operation shall be 24 hours for all activities internal to the proposed structures (not including outdoor storage) and any operations that would generate excessive noise will be limited to 8am to bpm, Monday through Friday. 13. The Applicant shall only be allowed to build and operate or lease three (3) separate buildings, not to exceed 9,000 sq. ft. in floor area each, for oil and gas industry companies operating in and near the Grass Mesa Area, allowing storage of oil and gas drilling equipment, storage, or material handling of natural resources. There shall only be a total of twelve (12) on-site employees allowed, not more than four (4) for each ofthe three (3) buildings. For each ofthe 2 acre building envelopes the use shall allow only one (1) building for storage of oil and gas industry related vehicles of various size, related to the oil and gas industry, a repair shop and maintenance facilities, storage of materials in a warehouse, and office facilities as noted in the application and consented to in the meetings before the BOCC. On site sales shall not be allowed. 7 • 14. All heavy traffic heading north from the site, will be directed to use County Road 352 to access the Mamm Creek I-70 interchange. 15. No retail or wholesale sales will be allowed on any of the sites. 16. Prior to the approval of any building permits or the Special Use Permit, the applicant shall pay all engineering bills incurred as a part of this review. 17. In accordance with section 9.03.05 of the Zoning Resolution of 1978, as amended, this Special Use Permit is subject to one (1) periodic review, six (6) months after the issuance of the permit. The purpose of such administrative review is to determine compliance or noncompliance with any performance requirements associated with granting the Special Use Permit. The review is limited to the performance requirements and conditions, of this Resolution, imposed at the time of the original issuance of the Special Use Permit. Non - Compliance will be referred to the BOCC. 18. No parking for any reason will be allowed on the Grass Mesa Road. Once you have submitted documentation to this office demonstrating that you have satisfied all the conditions listed above, this office will present the Special Use Permit to the Board for signature. Please do not hesitate to contact this office should you have any questions. Very truly yours, Mark. Bean, Director Building & Planning Department Xc: Larry Mincer • 3 01/13/2006 11:42 9709479233 JIMMY SILLS Jan 13 06 10130a R Chaffin or L Mirncer 9'?0 945 5475 1 llilll 1111(VIII I!1 �IIII Ilei (11!1111}� Ili! IT ill d63131f i 1 t V 2 t4 OR : A ti i�37 P981 f1 ALSO t of 5 R e. ee t? e.OA 5itltFlt.D etiuMTY CQ STATE OF COLORADO ) ]88 County of Oarfaekl At a regular meeting of the Board of County Commissioners for Garlick! County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 306 day of August AD, 2004, there were present: s hn �rlsrist _ , Cu nrnisaiarurr Cholane: McCown _ __, Cornmisaiioauer Thai Haupt_ _ , Commissioner F _ _ , County Attorney IladiatokAladorf_ , Clerk of the Board County Manager when the following proms, among others were had and done, to -wit: RESOLL]TION NO. 2004-1 09 CONCERNED WITH THE APPROVAL OF THE USE OF STORAGE OF OIL AND GAS DRILLING EQUIPMENT AND STORAGE OR MATERIAL HANDLING Olt NATURAL RESOURCES WIIERLrAS, the Hoard of Q, mty Commissioners of Garfield Courtly, Colorado ("Board. has received an application from Robert T. Lazier fora Special Use Permit (-SUP") to allow for storage of oil and gas a:11, =cant and storage or material handling of natural resources in the AIRIRD (Agricultural / Residential / Rural Density); and WHEREAS,' , the SUP will be conduce(' at a property located 1 mile south of the Garfield County airpcxt on County Road 319 and Grass Mesa Road Garfield County, Colorado also in the S 'AA of the SE 6, station 23 and tl N 'A of the NE 1/4. Suction 26, Township 6 South, Range 93 West, of the 6"' Principle Meridian, and owned by Robert T. Lazier, also known as parcel # 217723400160; and WLMtAS, the Board heli an initial puhlic hearing on the 2." day of August, 2004, upon the question of whellser the above described SUP should he granted or denied, at which hearing the public Arid isatcresndtf persons were gnet the opportunity to express their opinions concerning the approval of said SUP, aril where the public hearing was txnflinued to allow the Applicant additional time to generate and provide outstanding and nec+essary information and present said information oar August 17t, 2404, at a special Board rating; and PAGE 03 P•2 01/13/2006 11:42 3709479233 JIMMY SILLS Jra13 00 10:30a R Chaffin er L Mincer 970 945 15475 l 111111 H111111111111Ilia l 1111 111111 111 1111111 • s3135 1It39l2094 e4: zan 61.,37 8990 ti AL -SOME 2 o1 5 R 0.00 Q 0.00 Gra+FIELD COUNTY CO WHEREAS, the Board opened a confirmed the public beanng on the 174 dbgr of August, 20u4, won the question of whether the above described SUP should be granted or denied, at which hearing the public and Interested persons were gimp dao opportunity to express their opinions corp eniz g the ap}t v ! of said apodal use pentst, and where the public hearing was, for a second time, W tan:eat to allow the Amber= additional time to ges xste and provide outstanding and necessary infarrttion and present said information on August 30.', 2004, ata regular Board to and WHEREAS. the Board opened and continued, for a secaand tune at a third meeting, a public hearing on the 3e day of August, 2004, upon the question of whether the above described SUP drool] be granted or denial, at which br,.xuiing the public and Interested d persons were given the opportunity to express their opinions concerning the approval of said special use permit; and WHEREAS, the Board en the basis of substantial cote petent evidence produced at the aforem:ntioned hearing, 4»s nide the following deterrainatirm of fact as listed below: 1. Proper posting and public notice was provided an regnbpd for the mneetirg before the Board of County COTTEMinialX7S. 2. The noexttng before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were sul:nitted and That all interested parties were hid at that meeting. 3. The above stead and other reasons, the proposed Arai use permit has Nett daerrnnied to be in the best inmost ofthc health, safely, moral;, convenience, order. prosperity and w ifare of the citizens of Garfield CoinTy. 4. The application. ha.s wet the requirements of Special Use (Ser ions 5:03, 5:03:U7, 5:033.Q and 9:03) the Garfield County Zoning Resolution of 1978. NOW THEREvon, BE 1T RESOLVED by the Bow of County Commissioners of Garfield county, Colorado, that Special Use King is hereby approved subject to compliance with all ofthe following specific conditions: Staff reccmxn nds Approval. with the foikwing conditions: . AD rqwesentatiorz of the Applicant, either within the application or suited at the meeting before the Boreal of County Commissioners, shall he considered conditions of apiravat, unless specifically altered by the Board. 2 The Applicant shall comply with all applacable requirements of the Gnrfieid County Zoning Resolution of 1978, as amended. 1 Larm Spxwi ter Rin. - Rgc4rocus r usrv,* PAGE 04 p.3 @1/13/2006 11: 42 9769479233 JIMMY SILLS Jan 13 06 10:30 R Chaffin o L Mincer y7O 945 5475 1 IUIli 11111 1111111 11111 1111 ILIm 1111 ISI 1111 663136 11/88/10$4 0111:241A Bi437 PSYI M AL -WOW 3 of S R C.02, n 0.00 ORRPLELD COUNTY CO 3. The Applicant dealt compo with all State and Federal regulations and standards. such as Noise Abetment, Water and Air Quality. 4. Vibration, erasion of smoke and particulate Meta. and the emisason of hot or radiation shall comply with a.ppreasble Federal, State, and County laws, regulations and standards. S. Any slynagc installed on-sitc shall comply with the County's sign regulations. 6. Any changes to the Special Use Permit fora uses as listed in the application as amended and the exhilits as attached stall require a new Special Use Permit. 7 Applicant shall provide the Garfield Courtly Ftta+lding told Planning Departrrsent with an updated site plat and an err er remelt to the application showing intended number of buildings and employee numbers as requested and shown throughout this tenon. 8. The Applicant shall provide the Colorado Department of Health and Pnviron,rnear:. Water Quality Control Division with irdOrtnation and analysis as per the "'eves Water Syst:.xn Manning Monne ingarding the type of water system the propos wtU be using_ Approval shell be gained front said agency, or a letter Wiest:age the SUP proposal -6 exempt from this State re tk , and shall he semi to the Garfield County Budding and Planning Depart cera. before issuance of the Spacial Use Perna 9. The wad isnot pean:Mind forthee uses proposed and was also created to provide r aterse.-v:.e to not only the subject parcel bit also a planned residential project on the west side of CR 319, tyre the Applicant dial demonstrate [be ability to provide required wam rights that would aciec#uately serve the proposed use, the West Divide contract shall be amended for the uses propos inior to issuance of the Special Use Peerrnit. 10. The Applicant shall determine actual wain service potential (as noted in condition #8 & 9 above) and submit this information to the Rifle Firs; Protection District for :e:^,,sew and approval. The =king g response shall be serol to the Garfield County Burl&tg and Planning Depairtuz noting stadwiery compltancc, or rritigativn actions recommended by the reviewing entity which shall he in place or satisfied prior to issuance of the Special U'se Permit. 11. They Applicant shall provide a Wildlife Report to the Colorado State Division of Wildlife with response sent to the Garfield County BeuJdalg and Planning Department noting satisfactory compliance, or mit tion aetioro recocriemaded by said agency which ill be in place prior to issuance of the Special Use Permit. 3 L.rsLY - Spiced !UN Pterrit• Reese.6.0 } e /dpi PAGE 95 p,4 01/13/2006 11:42 9709479233 JIMMY SILLS Jan 13 06 10:31e R Chaffin on t_ rfinGlr 970 945 5475 1A1111111,110111110110j,E1111111111..!ly! 11111 SII! a�sasextF 4 of +s R e,a0 0,e0 Gfi tB-D COLNIY CO 12. The Applicant shall provide a Vegetation Report to the (]airfield Cooney Vegetation Management Department with s response =1st to the Garfield County Building and Planning I3cprrtrnrent noting satisfactory complirrrce, mitigation actions, security or any other re qu,iremenrs recommended by said departmentwh b dial] be in place prior to issuance of the Spatial Use Permit. 13. A site °bidzing Landscaping Plan showier purposed full scaoetmag. which may inciude balm, landscaingand sight obscuring fencing ora combirsation of any ofthe, methods, for aIi outdoor storage areas. Additionally, all storms of beavy equiprnextt shall be etsciesed in an area with screening at le=ast eight (8) feet it height and obscured from view at the same eIevalior or lower. This Plan shall be submitted to the t> td County Huikling and Plarrring Depiztrninit aid approved prior to istaiunce of tare Special Use Permit. 14_ Hours of operation shall he 24 hours for all activities internal to the proposed structures(not including outdoor storage) and arty operations that would generate exe.:sa ve noise will be frothed M Sam to 6 ui. Monday through Pridery. 15. The Applicant abxtl only be Allowed to build and operate or lease two (2) srprrrEraae buaikdings of approximately 1,540 to 10,000 sq. f1. for oil and gas industry companies in and near the Grass Mete Aim tend by code, allowing storage: of oil and gas drilling equipment, storage, Or material handling of natural resource& `lure shall a=lly be a total of twelve (12) employees allowed, only sic (5) fbr,j,{ of the two (2) buillinv. For each of the 2 acre building, envelopes the use shall allow only one (1) building for storage of oil and gas industry related vehicles amnions size, related to the oaf and ,gam industry, a it -pair shop and rr ti tewu cc facilities, materials related to the oil and gas industry in a warehouse, and office facilities as noted in the application and consented to in the meetings before the #3OCC. On site sales shell not be allowed. 16.1n accordance with action 9.03.05 of the Zai Resolution of 1978. ns amended, this Sponte Use Y,unit its subject to orae (1) periodic review, six (b) months after the issuance of the permit. Tlx purpose of such administrative review is to det» compliance or noncompliance with any pc fonuarxx requirements associated with granting the Special Use Permit. The review is Linitead to the performance lints and conditions, of this Resolution, imposed at the time of the original issuance of the Special Use Permit. Non - Compliance will be referred to the 13OCC. 4 Metier -.Span& Use I ivom = deasnleiiun 1 Il6.tk • PAGE 06 P-5 • 01/13/2606 11:42 9769479233 ar+ 13 OG 10t32a R Chaffin or L Miner 970 945 5475 JIMMY SILLS 111111111#111111111111111111111111111111111!111111111 66- i 6 11/C9/2t94 r :28A 11S77 P993 R RLSOCRf 5 of . 4 9.00 [r 0, Efe GARFIt LD COUNTY co Dated this _ day of , A.C. 20__ • ATTEST: • ..-+ill +Ott GARFIELD COUNTY BOARD OF COMMISSIONERS, GARY/ El.i) COUNTY, .....G . +ffrr vale: 'Upon motion duly code and seconded the foregoing Resolution %bu9 : • • pled by tbc following _riMhfiEHMERS216,a,Kal N CSAINWTAV coiteAmiorapat nukss Ho ipT STATE OF COLOL&D° )ss County of Garfield ,Aye Arc. Aye 1, , Ceki,nly Cita°it and ex -officio Clerk of the Board of County Com issianon, w mud for the Country and State aforesaid. &i hereby certify thar the annexed end forngeing Resol►nion es truly copied torathe Retards ofthe Proceeding ofthe Board o(Caunry Corrmmissioncls for said Garfield County, now i1n Tay office. IN WITNESS WIVREOF,1 helm bercuniu set my head and anted the sal of said County. at Glenwood Springs, this day of , A.D. 2O___. _ County Clerk and a ofiIvio Clerk of the Board of Cotte Commissioners 5 I • Spccaii lir 140mk • Rasegokon I 2 RA34 F'A+=,F P-5 :53 PM 11130131PICC)F4 I ! x 712006 1: 0 2 VI PO Box 1301 NIIIIIssmoCOLORADO 10.7+ 4e.0OtY W 107°45.004' W 107'44.000' W 107°43.000' W 107 Iu Nin. Ilrpt i Y1ilrs 6011 watt -Zit -J-1. 6.9,22 GRAS MAMM CREEK CoMMO\ s PUIiPHOUSI': GRASS h3E A sly LAZIER SILLS S y RC1AI) wr WELL #2 PROPERTY , t f s` BOUNDARY • (.Approximate) ; (Approximate) 107°46.00XJ W Twp 6 South. Twp 6 South Rog 93 West ,r Rog 92 West % a 1 Fuer. 107.45.00O' W 07°44.000' W 1 O7"43-000' W 1 oL %' Rifle, CO 81656 RIVER Te1970-625-4933 Fax 97a 625-45—ENGINEERING 64 Civil Engineering "Water Rights, Augmentation Plans r Groundwater, Well Permitting "Hydrology, Flood Plain Analysls +Canals. Pipelines, Dams FIGURE NO. General Location Map File Name: BaaeMap.dwg Jolt No: 66 Drawn by: MH { Aprvcl by: CM Date: Jan 17, 2006 Client: jimmy Sills Mamm Creek Commons Si1Is18aseMao.dwa. 1/17/2006 1:18:00 PM. 11BOB\RICOH shar M:\Land Prole Proposed Building NV COO. WDC Si.2LEI/4 SEC 27 6" Waterline 4 Waterline • 180' ISDS Wellhead Setback Radius 6" Waterline 39.84+1— ACRES ✓i 4 0 500 Existing Building Existing Building 74.75•/- ACRES Proposed Building Proposed Building 1000 Survey and topography by High. Country Engineering, Inc_ P® Box 1301 COLORADO Rifle, CO 81654 RIVER Tel 970-625-4933 ENGINEERING Fax 970-625-4564 Civil Engineering + Water Rights, Augmentation Plans + Groundwater, Well Permitting [Hydrology, Flood Rain Analysis ,Canals, Pipelines, Darns MAMM CREEK COMMONS SITE PLAN / AS -BUILT File Name: I3aseMap.dwg Job No: 66 Drawn by: Mil Aprvd by: CM Date: Jan 37, 2006 Client Jimmy Sills Mamie Creek Commons flf7R\Pirt}H shared Sty mmv SII1s1HasPMan.dwo. 1!17!21366 1.111!46 PM Typical Veld Head Retail Shoring Campbell watertight Well Cap with integrated brass screen and Pltiess Adapter Installation fro Campbell Manufacturing) 1'=2O' Vertical Not to Scale Horizontal LAZILR SILtS VCI.4 l2 Permit 252359/61926F .14'S&.6O 7' TOC 0'5659' SURFACE 18' 23' 5617' STATIC 24' C24•/IOC) 40' 45' 65'- 100' 130'- 55.0'3' 34'J 5509' BOTTOM 150' (151'-2'/TOC) 5.5' PVC PFR: S' PVC PLAIN PVC PfRr CUT 10'-40' OIRi/CLAYS u u a w 4 Veil He,:p hoto Sho,iing 4' x 6' Concrete Pad .art Campbell watertight Veil Cop 14' above top of pad Notes' Weil Construction and subsurface Soils rn.fornot.00 from WeM1L Completion Report dated B121)03_ Surface eievaton from High Country Engineering's survey and site topography drawings. • PO sox 1301 �C O LO RADO Rifle, CO 81550 RIVER Tel 970-625-4933 Nimpotomp ENGINEERING Fax 970-625-4564 Civil Engineering 'Water Rights, Augmentation Plans 'Groundwater, Well Permitting 'Hydrology, Flood Plain Analysis 'Canals, Pipelines, Dams F I+:J 1 'k L NI MAMM CREEK COMMONS WELL DETAIL File Name: klirseMap dwg Job No: 663 Drawn by: Ml Aprv'd by: CM Date: Jan 17, 2006 Client. Jimmy Sills Maim Creek Commons COH shared Se • -----_— --,,— , •._,...---- -____.3) ----.7)1, .-.7,;-• /,.?:.- , ------'''T-Proposed .e,,,,,------z/i. ------ -,, ( -Building ...--- r it 1 . P u rn pho Well CQQ, 112.5.E1,14' 6" Waterline Waterline Existing Building cf Existing Building 180 ISDS We Setback Radius 1 Proposed Building L 0 500 1000 Survey and topography by High Country Engineering, Inc. PO Box 1301 COLORADO Rifle, CO 81650 RIVER Tel 970-625-4933 Fax 970-625-4564 Civil Engineering Water Rtglats, Augmentation Piens •Hydrology, Flood Plain A-iatysoS ENGINEERING • Groundwater, Well Permitting *Canals, Pipelines, Dams MAMM CREEK COMMONS SITE TOPOGRAPHY File Name: 13a.seMap.dwg Drawn by: mu Aprvd by: cm MitIRE NO4 Job No: 663 _IClient Jimmy Silts Date: Jan 17, 2006 Mamm Creek Conimons • Survey and topography by High Country Engineering, Inc. PO Box 1301NIIIII\RCOLORADO Rifle, CO 81650 N/111NumpR IVER Tel 970-625-4933 Noriwituo ENGINEERING Fax 970-625-4564 Civil Engineering 'Water Flights, Augmentation Plans 'Groundwater, Well Permitting 'Hydrology, Flood Main Analysis 'Canals, Pipelines, Dams MAMM CREEK COMMONS WELL TOPOGRAPHY File Name: Haselvlap.dwg Job No: 663 5 FIOURE NO Drawn by: MH I Aprvd by: CM Date: Jan 17, 2006 Client: Jimmy sills Mamm Creek Commons APPENDIX A West Divide Water Conservancy District Contract .urrentJarniary 20114 (PPLICATION TO AMEND WATER LEASE FROM WEST DIVIDE WATER CONSERVANCY DISTRICT 109 West Fourth Street, P. O. Box 1478, Rifle, Colorado 81650 Contract # 040219WC(a) Map #491 Date Activated 2/19/04 Date Amended 8/26/04 . — LICANT MIFORMATION lame: 319 '1 L Prrr R (°.C'+ at1"1V:i ## L- LC - Bailing address: 4-S 70.5- t}t '. [F :i avi- aLi:kt J J 5P' n:CS , /' _ R) f 1 'elephone: q.7 , Ci riFJ7_ q`• 1l ►uthorized agent: —11 err oriz) LA -5 . COURT CASE #'s: Decree Case No. Augmentation Plan Case No. . USE OF WATER 1 RESIDEN TIAL (check applicable boxes) l Ordinary household use Number of dwellings: 2 -5 [Subdivision: No. constructed units: t-1 No. vacant lots:. !Home garden/lawn irrigation of l en CA" sq. ft lethod of irrigation: 0 flood EC sprinkler 0 drip 0 other 1 Non-cou erciaf animal watering of C' animals t Fire Protection 'eld Sharing Agreement for multiple owner wells must he ,brnitted. COMMERCIAL (check applicable boxes) amber of units: a Total sq. R of commercial units deo n ofuse:i .-x'ttcr'f A t►, a 00 �t l- 1C<1�4iLJr7af(left INDUSTRIAL scription of use: aporation: Maximum water surface to be exposed_ scription of any use, other than evaporation, and method of 'ersion, rate of diversion, and annual amount of diversion of any ter withdrawn from the pond: V1UNICIPAL cc ription of use: SOURCE OF WATER ieture: [,G; i i Structure Name: LetZ's Tee: DSurfacc CiStor-age t7Ground water rent Permit ## (if applicable) )irect Pumping: Tributary: ation: ACATION OF STRUCTURE IlfaSir Quarter/quarter Quarter 1c_7. ei - Liu: (G''nat Section Township Range Principal Meridian i t? ° vi C4 r • Nim t i 5O' t `[t . 1. --HOLT L+ Distance of well from section lines Elevation 7C,e, Well location address: (Attach additional pages far multiple structures) 6. LAND ON WHICH WATER WILL BE USED (Legal description may be_jgrovided as an attachment.) v :rGIi- 1RiT Number of acres in tract: J . +fI't 8� Inclusion into the District, at..1pplic•ant's expense, mar be required. 7. TYPE OF SEWAGE SYSTEM IIIA Septic tanklabsorption !each field DCentral system DOfher District name: 8. VOLUME OF LEASED WATER NEEDED IN ACRE FEET: % f a 2 3 (minimum of 1 acre foot) Provide engineering data to support volume of water requested.. Commercial, nwnic•ipal. and industrial users must provide diversion and corr.►uurptire data nn a monthly basis. .4 totalizing flow ',Teter with remote readout is required to he installed and usage reported to West Divide. Applicant expressly acknowledges it has had the opportunity to review the District's form fluter Allotment Contract and agrees this application is prude pursuant and subject to the terms and conditions contained therein. Application Date: (h, & l 24-09- c t 09 -cant Sign Applicant Signature DATE APPROVER: g- __0 c f WEST DIVIDE WATER CONSERVANCY DISTRICT • WEST DIVIDE WATER CONSERVANCY DISTRICT WATER USE ESTIMATES APPLICANT: 319 Water Company RESIDENTIAL DWELLING UNITS: 25 IRRIGATED AREA (SO FT): 204000 COMMERCIAL UNITS: 46 NO. OF LIVESTOCK: 0 ELEVATION (MSL): 5700 EVAPORATION AREA (Acre): 0 Contract Arnount w15% transit Loss 16.23 acre feet inerts' La44. 5,0°% • JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 'IOTAt. (1) In Hones Diversion per Unit 1AF1 0.029 0.028 0.029 0.028 0.029 0.029 0.029 0.029 0,028 0.029 0.026 0.336 (2) (3) (4) (5) () (5a) (5b) (7) (6) (91 (101 (121 (13) Tota} Contract Amount (AF) in House C.U. per Unit (AF) Irrigation Diversion (ft)_ Irrigation C.U, (ft) 1n House Diversion (AF) In House C.U. (AF) Commercial Diverslon(AF)_ Commercial CUSAF) Irrigation Diversion (AF) Livestock Irrigation Diversion 3 Pond C.U, (AF) C.U. (AF) _Evaporatlin Tota! Diversion (AF) Total C.U. (AF) 0.004 0.004 0.004 0.004 3.069 0.069 0.004 0.384 0.307 0.004 0.650 0.440 0.004 0.586 0.470 0.004 0.468 0.373 0.004 0.330 0.284 0.004 0.056 0.077 0.004 0.004 0.060 2.500 2.000 0.71 0.64 0.71 0.69 0.71 0.89 0.71 0.71 0.69 0.71 0.69 6,40 0.11 0.10 0,11 0.10 0.11 0.10 0.11 0.11 0.10 0.11 0.10 _1.26 0.66 0.59 0.66 0.64 0.68 0.64 0.66 0.66 0.64 0.66 0.64 0 7,73 0.10 0.09 0.10 0.10 0.10 0,10 0.10 0.10 0.10 0,13 0.10 lug 1.15 0.00 0.00 0.00 0.58 2.50 3.59 3.83 3.04 2.15 0.63 0.00 0 OD 15.30 0.00 0,00 0,00 0.46 2.00 2.87 3.06 2.43 1.72 0.50 0.00 13.04 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 t4 0.00 1.370 0.206 0.216 1.237 0.156 0.195 1.370 0.206 0.216 1.868 0.649 0.681 3.872 2.207 2.317 4.912 3.068 3,221 5.200 3.270 3,433 4.410 2.637 2.759 3.477 1.920 2.016 1.998 0.708 0.743 1.328 0.199 0.209 1-370 0-208 0.216 32.431 15,455 16,232 (1) (2) (3) (4) (5) (5) (6e) (Gb) 300 gallons per day per reticence 15%confumptive use (or 15138 syltercm MTh inlgsllan efficiency for sprinkler Iystems Blaney Credo assessment with Pochop adpurrnntl Column (1) number of dwalling units Column (2)' numWr of throning unite 150 gpd per commercial unit (50 pct per smpieyse) 15% consumptive use for (5135 systems Column (3)' Irrigated area In acres Column (4) ' irrigated area In aces Llvaic& or 1111 gallons par head par day (99CW320) Evaporation CIICr4atUOna Column (5) + Column (7) + Column (9) +Cohan (51) Column (6) + Column (8) + Column (0) +Column I61) Column (111 plug Irarult Iola 319 Water Co Water Use F-- -33 6118/2004 - Current January 2003 Contract #040219WC(a ) Map #491 Date Activated 2/19/04 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT Name of Applicant: 319 Water Com tranv. LLC Quantity of Water in Acre Feet: 7.64 Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, §37-45-101, et seq., (hereinafter referred to as the "District") for an allotment contract to beneficially and perpetually use water ar water rights owned, leased, or hereafter acquired by the District. I3y execution of this Contract and the attached Application, Applicant hereby agrees to the following terms and conditions: 1. Water Rights: Applicant shal 1 own water rights at the point o fdiversi on herein lawfully entitlingApplicant todivert water, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources. 2. Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado ngineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said itity in acre feet per year of storage water owned ar controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this Contract The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this Contract shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: industrial, municipal, domestic and related uses, or commercial (except for commerci al use from Alsbury Reservoir and except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined an Page 5 of Contract No. 7-07-70-W0547 between the United States and the WestDivide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control. 4. Decrees arid Del iverv: Exchange releases made by the District out of storage from Ruedi Reservoir, Green Mountain Reservoir, Alsbury Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the A. licant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release or delivery of w-' ch outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green Mountain Reservoir shall be subject to the District's lease contracts with the United S tates Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts,laws,rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to snake exchange releases from structures that may be built or controlled by the District n the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action_ Any quantity of the applicant's allocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. Water service provided by the District for properties located within the Bluestone and Silt Water Conservancy Districts is provided pursuant to Agreements with said Districts. The Intergovernmental Agreement between the District and the Silt Water Conservancy District. dated January 25, 2001, is recorded as Reception No. 575691, Garfield County Clerk and Recorder's Office. The Intergovernmental Memorandum of Understanding between the District and the Bluestone Water Conservancy District, dated April 26, 2001, is recorded as Reception No. 584840, Garfield County Clerk and Recorder's. Office. 5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree i•s the exclusive responsibility of Applicant. The District reserves the right to review and approve any conditions which may be attached to ctal approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant { owledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this Contract. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 19 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract Payment: Non-refundable, one time administrative charge, in the amount determined by the Board of Directors of the District from time to time, shall be submitted with the application for consideration by the District. Annual payment for the water service described herein shall be determined by the Board of Directors of the District. The initial annual payment shall be made in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice • 2 will advise the Applicant, among other things, of the water deliveryyear to which the initial payment shall apply and the price which is applicable to that year. 10° Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January I. If an annual ,ayment is not made by the due date a flat $50 fate fee will be assessed. Final written notice prior to cancellation will be sent certified mail, return receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this Contract or Application. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. if payment is not made within fifteen (1.5) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or interest under this Contract without further notice, and delivery may be immediately curtailed. The allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this water allotment Contract with the District, the District shall notify the Division of Water Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use. 7. Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment: This Contract shall not inure to the benefit of the heirs, successors or assigns of Applicant, without prior written consent of the District's Board of Directors. Any assignment of Applicant's rights under this Contract shall be subject to, and ( st comply with, such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and filing of proper forms for assignment and change of ownership. In the event the water allotted pursuant to this Contract is to be used for the benefit of land which is now or will subsequently be subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunder to: 1) No more than three separate owners all of whom shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association, water district, water and sanitation district or other special district properly organized and existing under the laws of the State of Colorado, and then, only if such parties, association or special district establishes to the satisfaction of the District that it has the ability and authority to perform the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the AppIicant's property to be served under this Contract have any rights hereunder, except as such rights may exist pursuant to a well sharing agreement or through a homeowners association or special district as provided above. Upon the sale of the real property to which this Contract pertains, Applicant shall make buyer aware of this Contract and proper forms for assignment and change of ownership must be completed. 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules n'fbulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. 3 10. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the board of Directors of the District, if and when, the Board of said District determines in its sole discretion that such an agreement is required. 'Said agreement may contain, but shall not be limited to, provisions for S-lditional annual monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance _asts; or for other costs to the District which may arise through services made available to the Applicant. 11. Change of Use: The District reserves the exclusive right to review, reapprove or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this Contract is executed, or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. 13_ Title: it is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. • 15. Restrictions: Applicant shall restrict actual diversions to not exceed the contract amount, which provides water (on the formula of one acre foot per dwelling) for ordinary household purposes inside one single family dwelling, the watering of domestic livestock, Fre protection, and the irrigation of lawn and garden as specified in the Application. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless Applicant obtains approval frons the Colorado Division of Water Resources for commercial use/livestock watering. provided that in no event shall actual diversions exceed the amount of water provided by this Contract. Violation of this paragraph 15 shall be deemed to be a material breach of this Contract. 16. Well Permit If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. 17. Measuring Device or Meter: Applicant agrees to provide, at its own expense, a measuring device deemed acceptable by the District's Engineer after consultation, or a totalizing flow meter with remote readout to continuously and accurately measure at all times *kr diverted pursuant to the terms of Applicant's water right and the terms of this Contract. Applicant agrees to provide accurate readings 4 from such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours r the purposes of determining Applicant's actual use of water. 18. Representations: By executing this Contract, Applicant agrees that it is not relying on any legal or engineering advice that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained all necessary legal and engineering advice from Applicant's own sources other than the District. Applicant further acknowledges that the District makes no guarantees, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this Contract. Should the District be unable to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 19. Costs of Water Court Filing and Augmentation Plan: Should the District, in its own discretion, choose to include Applicant's Contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceedings. Applicant shall be assessed a pro -rata share of the total cost incurred by the District in preparing, filing and pursuing to decree the water court case. The pro -rata share shall be calculated by dividing such total cost by the number of contractees included in the filing. To the extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicant's Contract in the filing, such additional costs may be charged specifically to Applicant and not shared on a pro -rata basis by all contractees. 20. Binding Agreement: This agreement shall not be complete nor binding upon the District unless attached hereto is form entitled "Application to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by istrict's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. All correspondence from the District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terms and conditions of this agreement. 21. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICA NT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER. TO DiVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. 22. AREA B. CONTRACTS: IF APPLICANT'S WELL OR OTHER WATER RIGHT THAT IS THE SUBJECT OF THIS CONTRACT IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT, THEN THIS PARAGRAPH APPLIES: THE AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANT"S WATER RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER SENIOR RIGHT. NO REPRESENTATION OTHERWISE IS MADE BY THE DISTRICT. IF THIS IS A CONCERN TO APPLICANT, THIS CONTRACT MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT WITHIN THE NEXT 30 DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT IN WHICH c. ALL SUMS PAID BY APPLICANT FOR THIS CONTRACT SHALL BE IMMEDIATELY REFUNDED TO APPLICANT. 5 • APPENDIX B Well Permit Well Completion Report Pump Test Report Water Quality Results • • �urm No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 865-3581 EXST WELL PERMIT NUMBER 61926 -F DIV. 5 WD 45 DES_ BASIN MD JIMMY M SILLS 45705 HWY 6 & 24 GLENWOOD SPRINGS, CO 81602- (970) 947-9511 CHANGE/EXPANSION OF USE OF AN EXISTING WELL APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SE 1/4 Section 23 Township 6 S Range 93 W Sixth P. M. DISTANCES FROM SECTION LINES 850 Ft. from South Section Line 2450 Fi. from East Section Line UTM COORDINATES (NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action, 2) The constniction at this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary 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 owner 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. WDWCD contract #040219WC(a). Approved for the use of an existing wet! constructed on August 18, 2003, to a depth of 150 feet, under permit no. 252359 (Canceled). The issuance of this permit hereby cancels permit no. 252359. 5) This well Lazier/Sills Well no. 2, is subject to administration by the Division Engineer in accordance with applicable decrees, statutes, rules, and regulations_ 6) The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than twenty-five (25) single family dwelling units, the irrigation of not more than 4,000 square feet of home gardens and lawns per residential site, drinking and sanitary facilities inside not more than fourty-six (46) commercial business units, irrigation of not more than 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 commercial business landscaping. 7) The pumping rate of this well shall not exceed 35 GPM. 8) The annual amount of ground water to be appropriated shall not exceed 32.431 acre-feet. 9) This well 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 must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 11) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case numbers) as appropriate. The owner shall take necessary means and precautions to preserve these markings._ NOTE: Canceled permit no. 252359 was previously issued for this well "1aier/Sills Well no. 7 at this location. NOTE: Parcel Identification Number (P1N): 23-2177-234-00-512f l '/e fl y NOTE: Assessor Tax Schedule Number. R040703 (totaling 47.20 acres) 4) APPROVED DMW Receipt No. 9501947 State Engineer DATE ISSUED 11-02-2004 By EXPIRATION DATE 11-02-2005 Form No. APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 C.entenniaJ Bldg.. 1313 Sterman St.. Denver. Colorado 802U3 (303) 866-3581 NOV 0 4 20r.)4 1095 WELL PERMIT NUMBER 252359 S.dk!{ - en, n - DIV. 5 W D 45 DES. BASIN MD ,110 ,JV ;ti. jv.} JIMMY M SILLS V �s' 45705 HWY 6 &24 �'• GLENWOOD SPGS, CO 81501- (970) 947-9511 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SE 1/4 Section 23 Township 6 5 Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES Ft. from Section Line Ft. from Section Line tJTM COORDINATES Northing: Eas ting: ISSUANCE OF THiS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the Slate Board of Examiners of Water Well Consbuction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(Ji)(A) as the only welI on a tract of land of 40.00 acres described as the SW 714 of the SE 114, Sec. 23. Twp. 6 S. Rog. 93 W. Sixth P.M., Garfield County. 4) The use of ground water h-om this well is limited to fire protection, ordinary household purposes inside not more than three (3) single family dwellings, the irrigalion of not more than one (1) acre of home gardens and lawns, and the watering of domestic animals. 5) The maximum pumping rale of this well shall not exceed 15 GPM. 6) The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is retumed to the same stream system in which the well is focated. 7) Pursuant to Rules 6.2.3 of the Water Well construction Rules, Iho well construction contractor shall submit the as -built well location on work reports required by Rule 17.3 within 60 days of completion of the weii. The measured location must be accurate to 200 feet of the actual location. The location information must include either the 114, 1)4, Section. Township, Range, and distances from section lines, or a GPS location pursuant to the Division of Water Resources' guidelines. APPROVED JSG 76 State Engineer Receipt No. 0514060 DATE ISSUED 08-14-2003 ray EXPIRATION DATE Ar 08-14.2005 i WELL CONSTRUCTION AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER 1. WELL PERMIT NUMBER 252359 Owner Name(s): Jimmy M Sills Mailing Address: 45705 Hwy 6 & 24 City, State, Zip : Glenwood Springs, Co. 81601 Phone it : 970-947-95I1 FOR OFFICE USE ONLY SEP 2 2 .003 WArefRJ"3;r� : t1TATC et, - k colo a... O5/ ti Cr. 6 APPROVAL 4 G WS31-91-03 'yl .1IF i. LOCATION AS DRFLLED DISTANCES FROM SEC. LINES 850 ft. from South Sec. line and SUBDIVISION: STREET ADDRESS AT LOCATION SW 1/4 SE 1/4 Sec: 23 Twp: 6 S 2450 ft. from West Sec. tine OR. Northing: LOT: BLOCK: Range: 93 W I Easting: FILING (UNIT): GROUND SURFACE ELEVATION ft. DATE COMPLETED: 8/18/2003 TOTAL DEPTH: DRILLING METHOD Air Rotary 150 DEPTH COMPLETION: 150 GEOLOGIC LOG 6. HOLE DIAMETER (in) FROM (ft) TO (ft) Depth Type of Material (Size, Color, and Type) 9,0 0 i 40 000-018 Dirt, Clays 6.5 40 150 018-150 Wasatch Formation 7. PLAIN CASING 01) (in) Kind Wall Size From (fl) To (ii) 7.0 Steel 0.240 5.5 PVC 0.250 5.5 PVC 0.250 5.5 PVC 0.250 PERF. CASING : Screen Slot Size 1 -1 1 23 65 1130 40 45 100 150 5.5 5.5 PVC PVC 0.250 t 45 65 0.250 100 130 Water Located: 45 - 60, 100 - 120 Remarks : 8. Filter Pack Material : Size : Interval : 9. Packer Placement Type . Depth : J 1 10. GROUTING RECORD Material Amount rfity Inurvat Cement 5 sks 6 galfsk 10-40 Placcnent poured 11. DISINFECTION : Type : HTH Amt. Used : 6 oz! 12. WELL TEST DATA : () Check Box If Test Data Is Submitted On Supplemental TESTING METHOD : Air Compressor Static Level : 24 ft. Pumping Level : Total ft. Test Remarks : Date/Time Measured 8/18/2003 Date/Time Measured 8/18/2003 Production Rate 15 gpm Test Length : 2 hours 13 1 have res. the astir vada herriu aed kaon the onntentn thtfen(aatd thv they are true to my l-mowl edge (ltamaaf to Section 24.4-14 (13xa) CRS. the maki, of Wu uscmmes mnstitutos perjuryin the seared degree and u puniShabJc as ache 1 oresdatnesmor) CONTRACTOR : Shelton Drilling Corp. Phone : (970) 927-4182 Mailing Address : P.O. Sox 1059 Basalt, Co. 1621 Lie. No. 1095 Name / Title (Please Type or Print) Wayne Shelton 1 President Date 8/21/2003 ORIGINAL FORM rtO. GWS -32 104 PUMP INSTALLATION AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER WELL PERMIT NUMBER`�3 ) 47. ( fi 2 3. OWNER NAME(S) Ji "Q tea r f.+ r .fir S ;Ps Mailing Address City, St. Zip /e..w,+�c� p�:-� s c �_ t i o .r Phone ( 78) 9yr7-y-5'r, For Orfco Use only catep ,T404 qts o�paNZe s WELL LOCATION AS DRILLED: Si,.1/4 S C 1/4, Sec? 3 Twp. 4, 5 , Range 4, DISTANCES FROM SEC. LINES: V6-0 ft. from A_ Sec, line. and WO " ft. from A's 7 ' Sec. line. (norm Or south] (east or west) SUBDIVISION: Mc. n. eel C r efr um,+•e 'i S LOT BLOCK FILING(UNIT) STREET ADDRESS AT WELL LOCATION: 4. PUMP DATA: Type Installation Completed 9/i'c'/ f Pump Manufacturer r r„f� s Pump Model No. 11 t +T p Design GPM ,q p at RPM /600 , HP i, , Volts ,2 3 0 , Full Load Amps 1 U . Pump Intake Depth f Y, Feet, Drop/Column Pipe Size t •• Inches. Kind P LI- c ADDITIONAL INFORMATION FOR PUMPS GREATER THAT 50 GPM: TURBINE DRIVER TYPE: ❑ Electric 0 Engine 0 other Design Head feet, Number of Stages , Shaft size inches. S.. OTHER EQUIPMENT: Airline Installed ®Yes El No, Orifice Depth ft. . , Monitor Tube Installed 0 Yes ❑ No, Depth ft. Flow Meter Mfg. Meter Serial No. Meter Readout 0 Gallons, El Thousand Gallons, a Acre feet, 0 Beginning Reading 6. 7. TEST DATA: I: Check box if Test data is submitted on Supplemental Form. Date Total Well Depth / yc' r Time Static Levet y Rate (GPM) Date Measured .47/_/,‘24 a ' Pumping Lvl. DISINFECTION: Type 4/4f 4'/ r -r-ho Amt. Used S. ter Quality analysis available. 0 Yes ❑ No 9. Remarks O. I have read the statements made herein and know the contents thereof, and that they are true to my knowledge. [Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury in the second degree and is punishable as a class 1 misdemeanor.] CONTRACTOR Mailing Address Nan of rtle (Please type or print) 24;77=7; i✓ 4 4 Phone (r 7o) ' =.�c� Lic. No. S-ci Signature Date OU!RESDURCE E MS ■ ■I•■■ E N G I N E E R I N G I N C. • Mr. Jimmy Sills 45705 Hwy 6 & 24 Glenwood Springs CO 81601 RE: Rifle Property Water Well December 29, 2003 Dear Jimmy: On September 11, 2003 Resource Engineering, Inc. (RESOURCE) supervised a 24 hour pump test one well located on the property southwest of the Garfield County Airport near Rifle, (actual pumping time was 22 hours, 40 minutes). The measured pumping rate was 23 gpm for the first 1340 minutes and 33 gpm for the final 20 minutes. Well recovery data was collected for 72 hours. A set of water quality samples were collected at the end of the pumping period and sent to ACZ Laboratories for analysis_ The initial 1340 minutes of pumping resulted in a total drawdown of 26' 10" from a beginning static level of 24' 9' below the top of casing to a level of 51' 7". The last 20 minutes of pumping lowered the water level an additional 10' 10" to 62' 5" below the top of casing. Within 6 hours of pump shut-off the well had recovered to 26' 3" which is 97.6% of the total drawdown. After 72 hours the well had recovered to over 99% of drawdown. The total depth of the well is 153 feet with an available drawdown of about 128 feet. The 24 hour drawdown of 37' 8' equals only about 29% of available drawdown. A copy of the pump test data is attached along with a graph showing the actual drawdown over time on semi -log scale with drawdown in feet on the vertical axis and time on the log scale horizontal axis. A second graph is also attached which shows the residual drawdown (recovery) of the well. The two graphs show that the well is developed in an aquifer with confining boundaries_ It has more than one drawdown slope which indicates that as the influence of the pumping expands it reaches a confining zone which decreases the yield. Based on our analysis of the pump test we conclude that this well will not provide a reliable long term yield of 35 gpm. However, the well can be pumped at 35 gpm for short periods of time (24 hours of less) followed by periods of equal or greater recovery. We recommend an average yield of 30,000 gallons per day be used for planning purposes. The water samples collected on September 11, 2003 were analyzed for a cross section of the Colorado Drinking Water parameters including metals. There was no analysis for coliform bacteria, however, presence of this constituent is highly unlikely in a deep well and, if present, can be treated with chlorination or other disinfecting techniques. All of the parameters tested were either undetected or detected at levels below the Colorado Department of Public Health and Environment (CDPHE) Maximum Contaminant Level (MCL). A copy of the laboratory report from ACZ Laboratory is Consulting Engineers and Hydrologists 909 Colorado Avenue !! Gir nwocad Springs. CCI 81601 IIf (9703945-C777 GI Fax (9:0) 945-1137 December 29, 2003 Mr. Jimmy Sills Page 2of2 attached. It must be noted, however, that prior to providing water via a public water system you must obtain CDPHE approval of the water treatment, storage and delivery system regardless of the results of this water quality test. In summary, it is our opinion that the subject well can provide a physical supply of water for domestic use up to 30,000 gallons per day. This conclusion is based on existing aquifer and well conditions and we cannot guarantee that these conditions will continue in the future. Sincerely, RES . URCE ENGINEERING, INC. aul S. Bussone, RE. Water Resource Engineer PSBImmm 990-1.0 E:1Client1990kis pump test 990.doc Attachment CC: favid Hallford, Esq. w/o attachment :UNRESOURCE aria iii i N G t N E 5 R I N I INC 0 • L -1,--S / LAN t_ .12 t. 1):1: Time Water Level (below ing) Drawdown (minutes) (feet) (feet) 0 24 75 0.00 5 28.00 315 6 28.25 3.50 7 28.50 3_75 28.58 3.83 10 28.79 11 28.92 4.17 12 29.08 4.3.1 13 29.38 4.63 14 29.50 4,75 15 29.58 4.133 16 30.00 5.25 17 30.17 18 _ 30.29 30.50 5.4/ 5.54 5.75 20 30.67 5.92 21 30.63 6.08 22 31.08 6,33 23 31.25 6.50 24 31.42 6.67 25 31.58 6.83 26 31.79 7.04 27 31.83 7.08 28 31.83 29 31.83 30 31.88 7.08 7.08 7.13 35 31.88 7.13 40 31.92 7.17 45 31.92 7.17 50 31.92 7.17 55 31.92 7.17 60 31.92 7.17 70 31.92 7.17 80 _ 31.96 7.21 90 32_00 7.25 100 32.08 110 32.25 7.33j 7.50 120 32.58 7_83 140 32.75 8.00 160 33.42 8.67 180 33.42 8.67 210 34.04 9.29' 240 34.33 9.58 270 34.75 10.00 300 35.17 10.42 330 35.67 10.92 360 36.42 11.67 600 41.83 17.08 900 46.42 21.67 1115 49.83 25.08 1290 55.17 30.42 1320 51.58 26.83 1340 51.58 26.83 1341 53.67 28.92 1342 31.75 1343 •. 58.17 3342 1344 58.42 33_67' -1345 61.83 37.08 1346 608 37.33 1354 : 64.00 39.25 Data En -or Change in Pumping Rate 0 ,Areas highlighted in grey are not included in the graphic onnlyss 'VI?, -9/ 3 5 Lia! • Pump Test - Residual Drawdown Time r Trr Depth (below casing)Residual Drawdown (minutes) (minutes) (feet) (feet) 1360 0 1361 1 1361.00 1362 2 681.00 62.42 57.00 53.58 37.67 32.25 28.83 1363 3 454.33 50.081 25.33 1364 4 341.00 47.331 22.58 1365 5 273.00 44.921 20.17 1370 _ 10 137.00 _ 33.421 8.67 1375 15 91.67 31.421 6.67 1380 20 69.00 30.001 5.25 1390 30 46.33 29.58 4.83 1420 1480 1720 5680 60 23.67 29.081 4.33 120 12.33 27_58 2_83 360 4.78 4320, 1.31 26.25 - 1.50 25.251 0.50 Pump Test - Drawdown 0 0 r Q Q• C? C} Q (leap uMopMW.lO pa#elnoleo Pump Test - Residual drawdown 0 0 f �a � umnpMe4Q (1npesaN Laboratory Services Division 8100 Lowry Boulevard, Denver CO 80230-6928 rUS Mail: PO Box 17123, Denver CO 80217 cotado (303) 692-3090 fax (303) 344-9989 of Pub1icliaeel[b. Orin Fmdronn.....r SAMPLE SITE Mamm Creek Commons Grass Mesa Rd Pumphouse Pumphouse Well Hose Bib CUSTOMER Contact Name Contact Phone Colorado River Engineering PO Box 1301 136 East Third Street Rifle, CO 81 650 Mark Hayes Lah ID No. MSA -2005004457 SAMPLE INFORMATION ('nllected Received Reported Collected By COMMENTS 1/9/2006 3:55:50PM 1/10/2006 8:30:00AM 1/11/2006 MH Matrix Drinking Water Purpose Special Chlorine residual 0.40 Payment Type Billed Purpose Test Name Result Method Name • Escherichia coli PA Total coliforms PA E coli not detected Coliform absent or less than one (<1), indicates a microbiologically safe sample SM 9223 • LARS Interent Address: http:l/www.cdphe.state,co.us/Ir/lrhorn.htm Modification Date:1/11/2006 #203 Laboratory Services Division 8100 Lowry Boulevard, Denver CO 80230-6928 US Mail: PO Box 17123, Denver CO 80217 Colorado(303) 692-3090 fax (303) 344-9989 of PALE:r m mad Environment • Lab 1D No. MSA -2005004456 SAMPLE SITE SAMPLE INFORMATION Mamm Creek commons Grass mesa Rd Pumphouse Pumphouse Well Sample Tap Collected Received Reported Collected By 1/9/2006 4:10:001'M 1/10/2006 8:29:00AM 1/11/2006 MH Matrix. Raw Water CUSTOMER COMMENTS Contact Name Contact Phone Colorado River Engineering PO Box 1301 136 East Third Street Rifle, CO 81650 Mark Hayes Purpose Special Chlorine residual 0,00 Payment Type Billed Purpose Test Name Result Method Name Escherichia coli PA Total coliforms PA E. coli not detected Coliform absent or less than one (<1), indicates a microbiologically safe sample SM 9223 • LARS lnterent Address: http://www.cdphe.state.co.us/lr/lrhom.htm Modification Date:1 /11/2006 #203 Laboratory Services Division 8100 Lowry Boulevard, Denver CO 80230-6928 • US Mail: PO Box 17123, Denver CO 80217 Colorado Department (303) 692-3090 fax (303) 344-9989 of Public Health and Environment LAB IU: 1N0 -2006000092-001-A \1 PLE SITE SAMPLE INFORMATION MAMM CREEK. COMMONS GRASS MESA ROAD PUMPHOUSE RIFLE PUMPFIOUSE WELL HOUSE BIB Collected Received Reported Collected By Matrix Writer Temp 1/9/2005 4:00:OOPM 1/10/2006 1 1:50::00AM 1/19/2006 MH Drinking Water CUSTOMER COMMENTS Colorado River Engineering PO BOX 1301 136 East Third Street Rifle CO 81650 Test Name Result Units Method Nance Date Analyzed MCL PQL Qualifier Nitrate -N 4111 9.8 mg/L EPA 300.0 01/10/2006 10 0.3 Nitrite -N <0.02 mg/L SM 4500-NO2-B 01/11/2006 1.0 0.02 Lab Comments: M�The lowest concentration of a substance in a sample that can be measured with a known level of confidence MCL - Maximum Contaminant Level - The highest level ofa contaminant that is allowed in drinking water c - less than MOL mg/L - milligram per liter (ppm) ug1L - microgram per liter (ppb) LARS Interent Address: http://www.cdphe.state.co.us/Irllrhom.htm Modification Date:1/19/2006 • APPENDIX C Design Calculations As -Built Documentation Proposes! Improvements • • • • Mamm Creek Commons — Water Supply Design Calculations Design Parameters and Assumptions For design purposes the following parameters are assumed: The system is classified as Transient Non -Community, The expected peak total demand for employee and irrigation is 55+60-gpd, Five (5) buildings will be served by the water system, 28-gpm is the normal well pumping rate, 30-gpd is the maximum disinfectant pumping rate, (see attached data sheets) Sodium Hypochlorite (10% Dixichlor) is the disinfectant, (see attached data sheets) Two (2) 119 -gallon pressure tanks are used for well pump control, and A separate fire water storage and delivery system of 90,000 -gallons is provided. Pumphouse Configuration Photos P1 a & P1 b, attached, show the operational schematic for the pumphouse potable water supply. Photo P2, attached, shows the operational schematic for the raw water fire supply. Well Pump and Chemical Feed Pump Operation The system, as currently constructed, uses the pressure tanks located in the pumphouse to control the operation of the well pump. When the pressure in the distribution system falls to the 40 -psi set point, the well pump is activated. When the pressure in the distribution system rises to the 60 -psi set point, the well pump is deactivated. The pressure tank supplies water to the distribution system until the pressure again falls to the set point and the cycle is repeated. Each time the well pump is activated, the chemical feed pump is also activated. The chemical feed pump in use at Manan Creek Commons is the PulsaTron Series C. The pump has a maximum capacity of 30-gpd, as shown in the attached data sheet. A spare pump and a pump repair kit will be kept on site for backup use in the event of the failure of the primary chemical feed pump.. Disinfectant Application At the 28-gpm well pumping rate, the amount of disinfectant injected into the raw water line is controlled by the disinfectant solution ratio and the chemical feed pump discharge settings. The attached Chemical Feed Pump Sizing worksheet contains calculated disinfectant residuals for various disinfectant solution ratios and feed pump settings. For normal system operation, the disinfection solution is 2 -cups Sodium Hypochlorite per 5 - gal of water. For this solution ratio, the calculated chemical feed pump settings would be in the 11% to 28% of capacity, as shown highlighted on the worksheet. The solution ratio can be adjusted to 4 -cups Sodium Hypochlorite per 5 -gal of water and the feed pump setting can be adjusted to 56% of capacity when higher residual disinfectant levels are required, as highlighted on the worksheet. The water system operator can vary the • calculated solution ratio and chemical feed pump settings to achieve the desired. disinfectant residual and to compensate for chlorine dissipation and demand. A chlorine test kit is available in the pumphouse. Chlorine Contact Time The system will rely on pipeline storage and plug flow conditions to obtain the required 30 -minute minimum disinfectant contact time prior to the first service connection, Although the pressure tanks normally provide storage for varying periods of time, they are not considered in the contact time calculations. The potable water distribution system consists of 6" PVC Class 200 pipe. At the well production rate of 28-gpm, approximately 572 -ft (840 -gal) of pipe would be required in order to provide required 30 -minute contact time under plug flow conditions, see attached Pipeline Contact Time worksheet. Additional, minimal, contact time would be provided by the 2" service line to the first service connection. Until such time as additional operational storage is on-line, there should be no service connections allowed for a minimum pipe distance of 580 -ft from the point of disinfectant injection in the pumphouse. Should the developers of the Mamrn Creek Commons water system decide to install additional operational storage, the entire 30 -minute contact time could be met by a 10,000 storage tank. At the well production rate of 28-gpm, approximately 840 -gal of storage would be required in order to provide required 30 -minute contact time with an 11111 A/T ratio of 1.0, i.e. with ideal tank inlet, outlet, and baffling conditions. Assuming an un -baffled, non -mixing, poor tank inlet/outlet configuration with an A/T ratio of 0.1, approximately 8,400 -gal of storage would be required in order to provide required 30 - minute contact time. Under both conditions, 10,000 -gallons of storage would be sufficient to meet the 30 -minute contact time requirement and the 580 -ft distance requirement to the first tap would be unnecessary. • Additional Storage There is no operational storage required by the Colorado Department of Health and Environment (CDPHE). However, it is recommended by the CDPHE that 10,000 gallons should be provided for a population of up to 50. Should the developers decide to install additional operational potable water storage, the tank would meet the guidelines described in Appendix I of the CDPPIE's Design Criteria for Drinking Water Systems. The plumbing connections to and from a possible operational storage tank have been constructed within the pumphouse. Distribution System Pressures The static pressure within the distribution varies from 40 -psi to 60 -psi at the pumphouse. With an elevation difference of 40 -ft from the pumphouse (5665') to the lowest proposed service connection (5625'), an additional 17 -psi would be expected (40 -ft x 0.43-psi/ft). The static pressures at the lowest point in the system would be expected to vary from 57 - psi to 77 -psi during normal system operation. 2 • • Summary The Mamm Creek Comrnons water supply system has been constructed to meet CDPHE requirements. The system should be operated according to the design parameters and assumptions contained here within in order to continue to meet those requirements. Design Galcs.doc :\Land Projects R2\663- rnrny SaLIs\BaseMap.dwg, 1/170006 2:03:21 PM, 5500 8x11 Port Max Qu L 0 V! 07 R. 3 4 3a t E 440 0'n L L. Potable From 1 Potable Pressure Pump S CIO C 4' N O+ E LYS N Q. C-- C] C H a c+�0 ma 3 M— L cu Potable Pressure Pump T 1c 0. PO Box 1301COLORAD( Rifle. CO 81650 RIVER T e1970-625-4933 ENGINEERING Fax 970-625-4564 Civil Engineering 'Water Rights. Augmentation Pleas i Groundwater. Wal! Permitting •Hydrology. Flood Plain Analysts $Cene&s, Prue±gyres, Gems Photo - Pumphouse Interior Plumbing Schematic FtG%JRE tit? Pia File Name. BaseMap dwg Job No: 663 Dro s n /Iv MI I Apnd In {_'1,t [)ate Jon t 7.2006 Cheat jimmy Sills Mamm Creek Commons PO Box 1301COLORADO Rifle, CO 81650 RIVER` Tel 970-625 4933 "�� ENGINEERING Fax 970-625-4564 ' 7 Civil Engineering Water Rights, Augmentation Plans a Groundwater, Well Permieing +Hydrology, Flood Plain Analysis •Genets, Pipelines, Dams Photo - Purnphouse Interior Plumbing Schematic ruiPT" \n Pib File blame BaseMap thwg Job No bb3 Drawn by MH Aprvd by CM Dare Jan 17. 2006 Client Jimmy Sills Mamm Creek Commons 1/17/2006 3:00:30 PM, 5500 8x11 Port LL E LE y 0 LA- I A - 0 O PO Box 1301 NIIIISreCOLORADO Rifle, CO 81650RIVER Tel 970-625-4933 rENGINEERING Fax 974-625-4564 Civil Engineering M Water Rights, Augmentation Plans +Groundwater, Well Permarng +Hydrology, Flood Plain Analysis • Canals, Pipelines, Dena Photo - Pumphouse Fire System Schematic FIGURE K P2 File Name BaseMap.dwg Job No 663 Drawn he MH Apr d by. CM Date Jan 17, 2006 Client Jimmy Sills Mama.' Creek Commons • Chemical Feed Pump Sizing Well Pumping Rate Chlorinator Daily Max Disinfectant CI Expected Daily Flow Alternative Daily Flow Disinfectant Solution Disinfectant Required 2.0 ppm 1.0 ppm 0.5 ppm 0.2 ppm Disinfectant Solution Disinfectant Required 2.0 ppm 1.0 ppm 0.5 ppm 0.2 ppm Disinfectant Solution Disinfectant Required 2.0 ppm 1.0 ppm 0.5 ppm 0.2 ppm Disinfectant Solution Disinfectant Required 2.0 ppm 1.0 ppm 0.5 ppm 0.2 ppm Disinfectant Solution Disinfectant Required 2.0 ppm 1.0 ppm 0.5 ppm 0.2 ppm • 28 30 10.0 5600 600 gPm gpd gpd max gpd min 10.0 % 40320 gpd 0.81 gClMixlday 0.40 gCIMix/day 0.20 gClMixlday 0.08 gClMixlday 40320 gpd Undiluted Disinfectant 5600 gpd 0.11 gClMixlday 0,06 gClMixlday 0.03 gClMixlday 0.01 gClMixlday 0.9 % 1 gal Dis to 40320 gpd 5600 gpd 8.9 gCIMix/day 1.23 gClMixlday 4.4 gClMixlday 0.62 gClMixlday 2.2 gCIMix/day 0.31 gClMixlday 0.9 gClMixlday 0.12 gClMixlday 0.48 % 1 gal Dis to 40320 gpd 5600 gpd 16.9 gCIMix/day 2.35 gClMixlday 8.5 gClMixlday 1.18 gCIMix/day 4.2 gCIMix/day 0.59 gClMixlday 1.7 gCIMix/day 0.24 gClMixlday 0.24 % 0.50 gal Dis to 40320 gpd 5600 gpd 33.1 gClMixlday 4.59 gClMixlday 16.5 gClMixlday 2.30 gClMix/day 8.3 gClMixlday 1.15 gClMixlday 3.3 gClMixlday 0.46 gClMixlday 0.123 % 0.25 gal Dis to 40320 gpd 5600 gpd 65.3 gClMixlday 9.07 gClMixlday 32.7 gClMixlday 4.54 gClMixlday 16.3 gClMixlday 2.27 gClMixlday 6.5 gClMixlday 0.91 gClMixlday 600 gpd 0.012 gCIMix/day 0.006 gClMixlday 0.003 gClMixlday 0.001 gCIMix/day 10 gal H2O 600 gpd 0.13 gClMixlday 0.07 gCIMix/day 0.03 gCIMix/day 0.01 gClMix/day 20 gal H2O 600 gpd 0.25 gCIMix/day 0.13 gClMixlday 006 gClMixlday 0.03 gClMixlday 20.00 gal H2O 600 gpd 0.49 gClMixlday 0.25 gClMixlday 0.12 gClMixlday 0.05 gCIMix/day 20 gal H2O 600 gpd 0.97 gClMixlday 0.49 gCIMix/day 0.24 gClMixlday 0.10 gClMix/day Comments No mix solution 3% Pump Cap. 1% Pump Cap. 1% Pump Cap. 0% Pump Cap. 2Qt/5Gal 30% Pump Cap. 15% Pump Cap_ 7% Pump Cap. 3% Pump Cap. 1 Qt/5Gal 56% Pump Cap, 28% Pump Cap. 14% Pump Cap. 6% Pump Cap. 2Cup/5Gal 110% Pump Cap. 55% Pump Cap. 28% Pump Cap. 11% Pump Cap, 1 Cup/5Gal 218% Pump Cap. 109% Pump Cap. 54% Pump Cap. 22% Pump Cap. Colorado River Engineering, Inc, 1117/2006 ClPumpSize.xls • Pipeline Contact Time • Well Pump = Contact Time = ATT (Plug Flow) _ Contact Volume = Pipe Diameter (In) 6 2 Contact Time Total 28 gpm 30 min 1.0 ratio 840 gallons Length (Ft) 572 70 Volume (Gal) 840.1 11.4 Contact (Min) 30.0 0.4 30.4 Colorado River Engineering, Inc. 115/2006 Pipesize.xls • U &Jell I WI I Series C • Key Features • Automatic Control by external pacing with prime switch (optional). • Manua! Control by on-line adjustable stroke length (fixed stroke rate). • Liquid Low Level Option available to prevent loss of prime. • Agency approved for demanding OUTDOOR and indoor applications. • Highly Reliable timing circuit. • Water Resistant excellent for OUTDOOR and indoor applications. • Internally Dampened To Reduce Noise, very acceptable for household installations. • Guided Ball Check Valve Systems, to reduce back flow and enhance outstanding priming characteristics. • Premium Standard Wetted Component Materials. • Few Moving Parts and Wall Mountable. • Sate & Easy Priming with durable leak -free bleed valve assembly (standard). Complete Economical Selection Four distinct models are available, having pressure capabilities to 80 PSIG. and flow capacities to 30 GPD, with a turndown ratio of 10:1. Metering performance is reproducible to within ± 3% of maximum capacity. Please refer to the reverse side for Series C specifications. Operating Benefits Reliable metering performance. Our guided check valves. with their state-of-the-art seat and ball designs, provide precise seating, and excellent priming and suction lift characteristics. Our timing circuit is highly reliable and, by design, virtually unaffected by temperature, EMI and other electrical disturbances. Rated "hot" for continuous duty. Series C pumps continue to meet their specifications for pressure and capacity even during extended use, That's because of our high quality solenoid and special enclosure that effectively dissipates heat. High viscosity capability. A straight flow path and ample clearance between the diaphragm and head enable standard PULSAtron pumps to handle viscous chemicals up to a viscosity of 1000 CPS. Leak -free, sealless, liquid end. Our diaphragms are of superior construction—PTFE-faced, bonded to a composite of Hypalon and fabric layers, and reinforced with a metal insert for optimum flexibility and durability. For additional inrxumaPim about Pu1.SAtruffs full -featured Series MP & Series E refer toTcchniera Sheet Nn EMP -027 & EMP -021. about the rnid-range Series E, Series 17 & Smits A PLUS alcr to Technical Sheet Nu, EMP -P22, EMP -02 & EMP 025. Fur urfutma- dc u shout the economical Series C PLUS refer to Technical Sheet. Nu. EMP.O26 & EMP -024. SAECIF1CATtONS SUBJECT TO CH ANOS wiTtiour NO'nCE. iAEX CORPORATION Electronic Metering Pumps Agik NUM NM Ara re issignaish mrs ,14 ruL 145W,CLJ'ilcl'i A Unit of IBEX Corporation System Compatibility A wide variety of chemicals can be pumped. Liquid end materials include glass -filled polypropylene (GFPPL), PVC, styrene -acrylonitrile (SAN), Polyvinylidene Fluoride (PVDF). PTFE, Hypalon, Viton, ceramic, alloys and 31655. Immediate installation and start-up. Included as standard accessories with all models are an injection/back pressure valve assembly and a foot valve/strainer assembly', including discharge and suction tubing. Sate and easy priming and valve maintenance. Included as a standard accessory is a bleed valve assembly, including return tubing (available only on those models with tubing connections),, Ouick and economical liquid end maintenance. Available for every model is a unique KOPkit®, a convenient, economically priced, package containing new cartridge check valves and other important spare parts. NOCE tecIirioiog mnovatio e; coli . PULSAtron Series C Specifications "'Series C - Four model selections. Digit 1 and 2 (LC) signify product class, digit 3 and 4 signify pressure flow. For full model selection information refer to Price Schedule EMP -PS LP. Pressure and Flow Rate Capacity GPH 0.25 0.50 1.00 1.25 Capacity, GPD 6 12 24 30 nominal LPH 0.9 1,9 3.8 4.7 Pressure, max PSIG /Bar Average I,put Power kt max SPM: Watts 50 Clear PVC White PE 6.5 E055 LCO2 LC03 LCO4 LC54 Liquid End Materials Connectiors T;ming Piping 114' el X 3/8' OD 3B' 13X1t OD 3/16' I7 X5/16.OD 1!4• FNPT Reproducibility al max. capacity +1. 3°b Viscosity Max CPS 1000 Stroke Frequency Max SPM 125 Stroke Length Turn -Down Ratio 5:1 Power input 115 VAC/50-60 HZ/1 ph 230 VAC/50-60 Win ph Average Curren! Draw it 115 VAC: Amps 0 230 VAC: Amps 0,6 0.3 Peak Input Power Watts 130 Average I,put Power kt max SPM: Watts 50 Series Pump Head Diaphragm Check Values Fittings Bleed Valve #njection Valve Assembly Foot Valve Assembly Tubing Seats/ 0 -Rings Balls G GFPPL PVC 31655 SAN PVDF PTFE -faced Hypalon-backed Ptt-h, Hypalon, Viton Ceramic, PTFE, 316SS, Alloy C GFPPL PVC PVDF Same as fitting and check valve selected,. except 31658 Same as fitting and check valve selected Clear PVC White PE Important: Material Code— GFPPL = Glass -tilled Polypropylene, PVC = Po yvinyl Chloride, SAN = Sty ene-Acrylonitrile, PE = Polyethylene, PVDF = Polyvinylidene Fluoride. Hypalon and Viton are registered trademarks of El. DuPont Company. PVC wetted end recommended for sodium hypochlorite. Dimensions Series C Dimensions (inches) i Mode! No. A e C D E shipping Weight tilA LCa2 50 9.6 9.5 65 82 10 LCO3 5:0 9.9 95 6.5 85 10 LCO4 54 98 95 65 85 10 LC54 5.0 95 95 65 9.5 10 Nei: Ieghp Y 2-54..cm • rrwi ,t.,s.�-' An ISO Certified Company KOPkit.. Available for every model, the KOPkit provides an econo- mically priced package of parts required for routine maintenance. The kit typically contains new valve cartridges with o -rings, head, diaphragm, secondary o -ring seal, head screws and washers. For further KOPkit information, refer to Technical Sheet No. GB -045. Sim A1/. t -Aar ,!"!m' lurors.t" w r1,►rer.MAIfir WNW IN A Unit of IDEX Corporation MCC IDEX CORPORATION Standard Product Operations 27101 Airport. Road • Punta Gorda. Florida 33992 TEL (941)575-3600. TEL 900-333-6577 r (041)575-4085 • FAX 80e-456-4085 apotech W pulsa.com • www.putea.ccm NSF Certified Products - Public `Vater Supply Treatment Chemicals Page 1 of 2 NSF Product and Service Listin=gs These Listings were Last Updated on Monday, October 17, 2005 at 4:15 AM Eastern Time. Please contact NSF International to confirm the status of any Listing, report errors, or make suggestions. • Warning: NSF is concerned about fraudulent downloading and manipulation of website text. If you have received this listing in hard copy, always confirm this certification/listing information by going directly to littp://www.nst;ora/Certified/PwsChemicais/Listings.asp? ChemicalName=Sodium+Hypochlorite&I'lantatate=Colorado±CO& for the latest most accurate information. NSF/ANSI STANDARD 60 Drinking Water Treatment Chemicals - Health Effects •PC INDUSTRIES, INC. 300 JACKSON HILL P.O. BOX 130410 HOUSTON, TX 77219-0410 281-457-4888 Facility : HUDSON, CO Sodium Hypochlorite(CL] Trade Designation Dixichlor Dixichlor Max Sodium Hypochlorite 10% Sodium Hypochlorite 12.5% Cert -L n (Click here to visit this Company's Website) Product Function Disinfection & Oxidation Disinfection & Oxidation Disinfection & Oxidation Disinfection & Oxidation Max Use 105 mg/L 84 mglL 105 mg1L 84 mgfL [CIA The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in finished drinking water to ensure compliance to all applicable regulations. the it1( CORPORATION - DENVER 4941 EAST 39TH AVENUE http:llwww.nsf. orgl Certi fied!PwsChem icals/Listings.asp?CorpanyName=&TradeName=&ChemicalNa... 10/17/2005 MSF Certified Products - Public Water Supply Treatment Chemicals DENVER, CO 80210 •03-399-1240 Facility : DENVER, CO Sodium HypachloritejCLj Trade Designation Chempak 10% Sodium Hypochlorite Product Function Disinfection & Oxidation Disinfection & Oxidation Max Use 105 mg/L 105 mg/L [CLI The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Page 2 of 2 Number of matching Manufacturers is 2 Number of matching Products is 6 Processing time was 0 seconds • Search Listings • News Room • About NSF 1 • Careers 1 • NSF Mark 1 • Client Log -In • Privacy Policy 1 • Site Map 1 • west Info • Contact Us • Copyright © 2004 NSF International. http://www.nsf.org/Certified/PwsChemicals/Listings.asp?CompanyNa ane=&TradeName=&(hemicaJNa... 10/17/2005 APPENDIX D Flood Plain Analysis Certificate • • WATER QUALITY CONTROL DIVISION WATER QUALITY PROTECTION SECTION WQCD-TS-B2 - Technical Services Unit 4300 C1 IERRY CREEK DRIVE SOUTH DENVER, CO 80222-I530 (303) 692-3500 PWSID # (For Department Use) 100 -YEAR FLOOD PLAIN CERTIFICATION This Statement must accompany all Applications for Approval to Construct new Waterworks submitted to the Colorado Department of Public Health and Environment. PROJECT TITLE Mamm Creek Commons CONSULTANT Colorado River Engineering, Inc. STATEMENT County Garfield I hereby certify that a Professional Engineering judgment has been made alter evaluating all available flood plain data from the Colorado Water Conservation Board, U.S. Army Corps of Engineers, Housing and Urban Development, County Government, local flood districts, etc, regarding a potential 100 -year flood threat to the Mamm Creek Commons Pumphouse and Lazier Sills Well #2 for Well or treatment plant Mamm Creek Commons, LLC Name of entity or district, etc. In my opinion, these waterworks, as located and designed, arc not subject to flood damage by a 100 -year event, based on the information enclosed from the High Country Engineering drainage report, FEMA Mapping, and review of local site conditions as described in the Mamm Creek,, ommons Water Supply Plan prepared by Colorado River Engineering, Inc.. Signature Title 'fUIrsssw+u & 1gtr Date A Professional Engineers's Stamp must be included for all Community Water System's. Affix stamp below. Date • tmp#1. txt Culvert Calculator All calculator output should be verified prior to design use Entered Data: Shape Circular Number of Barrels 1 Solving for Headwater chart Number 2 Scale Number 3 Chart Description CORRUGATED METAL PIPE CULVERT Scale Description PIPE PROJECTING FROM FILL Overtopping off Flowrate 84.4000 cfs Manning's n 0.0130 Roadway Elevation 5665.1700 ft Inlet Elevation 5660.1700 ft Outlet Elevation 5659.3100 ft Diameter 48.0000 in Length 20.0000 ft Entrance Loss 0.0000 Tailwater 3.0000 ft Computed Results: Headwater 5664.9748 ft Inlet control Slope 0.0430 ft/ft velocity 20.4079 fps Messages: Inlet head > outlet head. Computing Inlet control headwater. Solving Inlet Equation 26. solving Inlet Equation 28. Headwater: 5664.9748 ft Page 1 tmp#2.txt Culvert Calculator All calculator output should be verified prior to design use Entered Data: shape circular Number of Barrels 1 Solving for Headwater Chart Number 2 scale Number 3 Chart Description CORRUGATED METAL PIPE CULVERT Scale Description PIPE PROJECTING FROM FILL Overtopping .. Off Flowrate 9.4000 cfs Manning's n 0.0130 Roadway Elevation 5664.9400 ft Inlet Elevation 5660.9400 ft Outlet Elevation 5660.1700 ft Diameter 36.0000 in Length 20.0000 ft Entrance Loss 0.0000 Tailwater 1.5000 ft computed Results: Headwater 5662.2718 ft Inlet Control Slope 0.0385 ft/ft Velocity 10.7473 fps Messages: Inlet head > Outlet head. Computing Inlet Control headwater. Solving Inlet Equation 26. Solving Inlet Equation 28. Headwater: 5662.2718 ft Page 1 • 5 0925 B Iregilrf/i *080205 1000 B • NATIONAL FLOOR INSURANCE PROGRAM City of Rifle Town of Silt AREA NOT tracLuoto City of Ncw Castle AREA NOT INC LIJOIO 14abbard Gulch FIRM FLOOD INSURANCE RATE MAP Colorado Vri /16 0 S' Helmer Rohm auk!' *0802 GARFIELD COUNTY, COLORADO (UNINCORPORATED AREAS) Divide MAP INDEX e Anus PI1P4IIL 9.°4, seA. ara, 1043. 1046. 1311. 1361-134. 1431. 143E, 1416. PUS, 1463. IJES, 1430. 1305, 1851. 1E6-1$60.11170,1280 COMMUNITY -PANEL NUMBERS 080205 0001-1900 MAP REVISED: JANUARY 3,1986 Grand Pviesa National Forest Federal Emergency Management Agency This ts an iateial copy of a potion c4 the acme rorerencocrlieorr mop a was extracted using F -MIT On -Lion Th4e map duos not resect changes or amendments which may have been made subsequent lo the date on the title Lock. For the latest product Information about National Flood Insurance Program flood maps check the FEMA Flood Map Store at wwarrnaciarna gar /2006 3:09:45 PCA, 5500 8xt 1 Port Max Quality.pc3 my SdIs 43aseMap:7wg, t; cr 0 PO Box 1301C0L©RADO Rifler Co 81650 R1VER Tel 970-625-4933 tunip ENGINEERING Fax 970-625-4564 CMI Engineering +Water Rights, Augmentation Plena aGraundwater, Well Permitting +hydrology; Rood Plain Analysts 'Cane's, Pipelines, Dams Photo - Pumphouse & Well P3 File Name: BaseMap.dwg Job No. 663 Drawn by MH 1 Aprvd by CM Jan 17, 2006 Client. Jimmy Sills Mamm Creek Commons x 11 Pori Kix PO Box 1301'4114111.144•C 0 LO R ADO Rifle, CO 81650 Nitipupl,„„ RIVER Tel 970-625-4933 .1111P144. ENGINEERING Fax 970-625-4564 Civi! Engineering *Water Rights, Alimentation Plans $ Groundwater, Well Permitting ektydeology. Flood Patin *yips +Canals, Pipelines, Darns Photo - 36" Culvert Looking South FIGURE. N.. P4 Fk Namc: Baschlap.dwg Job No: 663 Drawn b!.4 NIB Apivd by: Chi Dalt: Jan 17, 2006 Client: Jimmy Sills Mamm Crcck Commons MALand Projects R2 PO Box 1301'NIIIIIsairCOLORADO Rifle, CO 81650 NINiswRIVER Tel 970-625-4933 Fax 970-625-4564 ENGINEERING Civil Engineering gWater Rights. Augmentation Plans • Groundwater, Re11 Pernitting 'Hydrology, Flood Plain Analysis 1 Canals, Pipelines, Dams Photo - 48" Culvert Looking South File Name: HaseMap.dwg Drawn by: Mn Aprvct by: cm Job No: 663 Date: Dec 19. 20US P5 C kern: jimmy sou Mamm Crock Commons CIVIL ENGINEERING An hopI...tr Owned l:..rt.isannr LAND SURVEYING MAMM CREEK COMMONS SPECIAL USE PERMIT TRAFFIC STUDY PREPARED FOR: JIMMY SILLS 45705 Highway 6 & 24 Glenwood Springs, CO 81601 PREPARED BY: HIGH COUNTRY ENGINEERING, INC. 1517 BLAKE AVENUE, STE. 101 GLENWOOD SPRINGS, CO 81601 (970) 945-8676 March 1, 2005 HCE Job No. 2031046.00 1 I u.,Ikc Avenue, Suite 101 Gienwuisd Springs, CO 81601 970.945,86176 phone 970.945.2555 tax 14 Inverness !hive List, Solite F•120 higiewtx d, IL. 0 80112 1};." 2 S.0 i44 13h ii }11'3.`)2:.11 ,4" I.i\ TABLE OF CONTENTS SECTION PAGE ��b� INTR©DUCTION 1 EXISTING AND PROPOSED LAND USE 1 SITE ACCESS 1 SURROU'N'DING LAND USE 1 TRIP DISTRIBUTION 1 TRIP GENERATION 1 CONCLUSION 3 DRAWINGS: FIGURE 1 — Vicinity Map (8.5" x 11") FIGURE 2 — SITE PLAN (11" x 17") APPENDIX: A: Traffic Distribution Tables SPECIAL USE PERMIT TRAFFIC STUDY INTRODUCTION This traffic study for the Mamm Creek Commons Special Use Permit associated with a proposed Commercial Development located near the City of Rifle, in Garfield County, Colorado. The proposed development is located along County Road 319 near the intersection of Grass Mesa Road. Please reference Figure I for the vicinity map. EXISTING AND PROPOSED LAND USES AND SITE ACCESS The site is currently vacant and is not being used. The developer is proposing 3 new commercial buildings, similar to the 2 buildings constructed under the Lazier Special Use Permit applied for in August of 2004. The proposed buildings are within the revised boundary of Mamm Creek Commons. One of the proposed buildings will access County Road 319 via Grass Mesa Road. The other two buildings will access County Road 319 via an existing private road approximately 1350 ft south of the intersection of Grass Mesa Road and County Road 319. For the proposed of this study, the traffic impact will be analyzed only for County Road 319 only. SURROUNDING LAND USE An existing residential development consisting of 72 lots, currently with 68 residences, exists beyond this proposed development at the end of Grass Mesa Road. On the east side of County Road 319 are two existing commercial buildings approved ander another special use permit. Also on the east side of County Road 319 and south of the proposed development is a staging facility for a gas and oil field company. The remaining surrounding area is undeveloped. TRIP DISTRIBUTION The overall directional distribution of the site -generated traffic was based on the existing travel patterns in the area and in consideration of trip attractions and productions in this area. The traffic report prepared for the Lazier Special Use Permit previously mentioned was used as a reference for this report. Traffic distribution was based on the same one - day traffic count taken at the intersection of Grass Mesa Road and County Road 319 on July 22, 2004 as discussed in the previous traffic report. The traffic counts returned an AM peak hour occurring from 7:15 to 8:15 having a total of 134 trips pass through the intersection. The PM Peak hour occurred between 4:15 and 5:15 with 113 trips passing through the intersection. The vast majority of the existing traffic is on County Road 319 with 86% (115 trips) of the AM Peak passing through the intersection and staying on County Road 319 and 73% (82 trips) of the PM Peak in this category. The remaining traffic is either turning onto or off of Grass Mesa Road. This information is tabulated in Appendix A. It is assumed that the addition of the two commercial buildings under the Lazier Special Use Permit increased the traffic on County Road 319 by the amounts 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 indicated in the Institute of Transportation Engineers, Trip Generation Manual, 5th Edition, and as described in the Lazier Special Use Traffic Report. This would bring the AM Peak traffic volume to 146 Trips and the PM Peak to 125 trips. TRIP GENERATION Trip generation was estimated using the Institute of Transportation Engineers, Trip Generation Manual, 6`h Edition. The proposed buildings will be used for general light industrial. Each building will include approximately 1500sf of office space employing 3- 4 full-time employees, and approximately 7500sf of shop or warehouse space employing 7-8 delivery employees. The Trip Generation Manual projects that the Average Daily Traffic (ADT) for each building is 3.02 trips per employee. This indicates that the total trips for each building would be 37 trips per day and the proposed development would produce a total of 111 trips per day. A trip is defined as a one-way vehicle movement from the origin to destination. The origin or destination of a generated trip would be the general site, not specific to the site access points on County Road 319. For the purpose of this study, we determined the trip distribution using the peak hour traffic volumes from the ITE manual and traffic counts collected at the site. Table 1 shows the peak hour trip generation for this development. The data in Table 1 has been grouped into traffic generation traveling to or from the proposed buildings. Table 1. TRIP GENERATION Table 2. EXISTING VS. PROPOSED CONDITIONS AM PEAK PM PEAK TRIPS IN TRIPS OUT TRIPS IN TRIPS OUT Per Buildinj 5 1 2 4 Proposed Development 15 3 6 12 Table 2. EXISTING VS. PROPOSED CONDITIONS The total existing traffic volume through the intersection of CR319 and Grand Mesa Road during the AM Peak is 146 trips, as discussed above. The anticipated traffic increase produced by this development iso 18 trips. This increase to CR319 is approximately 12%. The PM Peak has a existing total volume of 125 trips with the anticipated increase of 1 tri.fsD This increase is 14%. AM PEAK PM PEAK EXISTING PROPOSED EXISTING PROPOSED County Road 319 146 164 125 143 The total existing traffic volume through the intersection of CR319 and Grand Mesa Road during the AM Peak is 146 trips, as discussed above. The anticipated traffic increase produced by this development iso 18 trips. This increase to CR319 is approximately 12%. The PM Peak has a existing total volume of 125 trips with the anticipated increase of 1 tri.fsD This increase is 14%. CONCLUSION The Average Daily Traffic (ADT) is the focus of this study. The impact to County Road 319, based off of the information above, is 37 trips per day for each building. This development consists of 3 new buildings and having an anticipated impact o per day. This is consistent with developments of this nature. The increase in raffle is minor in relation to the existing traffic. HIGH COUNTRY ENGINEERING, INC. 1 4 INVERNESS DRIVE EAST. STE F.120, ENGLEWOOD, CO 661 1 2 PHONE nom 525-0544 FAX 003192. 0547 7 BLAKE A' ESPUE. 'STE 1 Q 1. GLENWOOD. SPRINGS, CO a1501 PHONE .r9 701 9458675 FAX 19701945-2S55 Www. MCIHG.COM JIMMY SILLS GARFIELD COUNTY, CO MAMM CREEK COMMONS SUP VICINITY MAP FIGURE 1 DRAWN BY: JAO CHECKED BY: MRL DATE. 3.105 SCALE. 1"=2000' PROJECT No: 2031046 oo PAGE: FILE: VICINITY MAPSUP2.DWG 1.1505RPt1O31293119461tlwg15P-OI TR SUP2 009. z 0 Id -- • 8 8 oaZ EZ U� rill W La 8; 2_ z W 0 E. r- big ON re 13 az y2 z :7 z� xa O w I (9 PROJECT NO. 2031046 2 APPENDIX A TIUP DISTRIBUTION TABLE NB 1 NM NM M M MI I BM NM N M MN MN N NM AM PEAK HOUR 7:00 - 8:00 AM TURNING MOVEMENTS ON 5/25/2004 No. A 0 9 15 C C 0 86 E F TOTAL PEAK 0 1 TOTAL 15 0 4 12 86 17 29 0 134 7:00-7:15 0 2 3 113 1 4:00-4:15 15 0 6 0 25 7:15-7:30 .0> 9 2 11 1 .. , '18 . _ 5- 0. _ 26 7:30-7:45 ' . .0 : 6 =-. - 1 --- . `. 22 - 9 O 38 7:45-8:00 ' 0 0 .4 " ` -. .2',. . 25 : 8 5 0 36 8:00-8:15 0 .': !. 3 ..,+'{y %'.: 21 :. :':10.:.. 4 34 8:15-8:30 0 4 ;--22 0 5:00-5:15 11 0 7 0 22 8:30.8:45 0 13 4 6 1 0 7 2 0 14 8:45.9:00 0 5 4 1 n 10 0 24 AM PEAK HOUR 7:00 - 8:00 PM TURNING MOVEMENTS ON 512542004 No. A 0 A 15 ti C 0 86 E E F F 1 TOTAL PEAK. 0 4 12 44 17 90 39 29 43 86 2 113 4:00-4:15 0 t 2 9 11 0 23 4:15-4:30 =. 0 -3 - 5 10 . `. 17 - 2 - '37 4:30-4:45 -.. 0 .,;, ! , .4 - , .5 : 8 - - .. 13 0 30 4:45-5:00 - 0 2 5 ;::, '.8 ,;: - 7 0 ;--22 •. 5:00-5:15 0 3 2 .. .:_ :. 13 6 _ ,. 0 24 5:15-5:30 1 1 5 10 7 1 25 5:30-5:45 1 4 3_ 9 18 0 35 5:45-6:00 0 2 7 6 13 0 28 AM PEAK HOUR 7:00 - 8:00 Turning Movement No. A 0 8 15 C 4 D 86 E 29 F 0 A+B 15 C+F 4 B+E 44 INC 90 E+F 29 A+D 86 PM PEAK HOUR 5:30 - 6:30 Turning Movement No. A 0 9 12 C 17 D 39 E 43 F 2 A+B 12 C+F 19 B+E 55 D+C 56 E+F 45 A+D 39 Land Use: 110 General Light Industrial Description Light industrial facilities usually employ fewer than 500 persons and have an emphasis on activities other than manufacturing. Nevertheless, the distinction between light industrial and manufacturing (land use 140) is sometimes vague. Typical Fight industrial activities include printing plants, material testing laboratories, assemblers of data processing equipment, and power stations; all of the facilities surveyed were free-standing and devoted to a single use. General heavy industrial Mand use 120), industrial park (land use 130), and manufacturing (land use 140) are related uses. Additional. Data No vehicle occupancy data are available specifically for general light industrial, but the average is approximately 1.3 persons per automobile for all industrial uses. The peak hour of the generator typically coincides with the peak hour of the adjacent street traffic. Facilities with employees on shift work may peak at other hours. The sites were surveyed in the early 1970s and the mid to late 1980s throughout the United States. Source Numbers 7, 9, 10, 11, 15, 17, 88, 174, 179, 184, 191, 192, 251, 253, 288, 300 Trip Generation, 5th Edition 89 Institute of Transportation Engineers General Light industrial (110) Average Vehicle Trip Ends vs: Employees On a: Weekday Number of Studies: 16 Avg. Number of Employees: 469 Directional Distribution: 50% entering, 50% exiting Trip Generation per Employee Average Rate Range of Rates - Standard Deviation 3.02 1.53 - 4.48 1.86 Data Piot and Equation T = Average Vehicle Trip Ends 7,000 6,000 5,000 4,000 3.000 - 2,000 1,000 0 X Actual Data Points 7000 X = Number of Employees Fitted Curve Fitted Curve Equation: T = 2.951(X) + 30.572 2000 Average Rate R2 = 0.98 300C Trip Generation, 6th Edition 90 Institute of Transportation Engin€ General Light Industrial (110) Average Vehicle Trip Ends vs: Employees On a: Weekday, A.M. Peak Hour of Generator Number of Studies: 21 Avg. Number of Employees: 421 Directional Distribution: 57% entering, 13% exiting Trip Generation per Employee Average Rate Range of Rates Standard Deviation 0.48 0.25 - 1.02 0.72 Data Piot and Equation T = Average Vehicie Trip Ends 1,100 1,000 900 000 700 GOO 500 400 300 0 x X 0 X Actual Data Points 1000 X = Number of Employees Fitted Curve Fitted Curve Equation: Ln(T) = 0.870 Ln(X) + 0.144 2090 Average Rate R2= 0.87 3000 Trip Generation, 6th Edition 93 Institute of Transportation Engineers 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 NMI .4.11 General Light Industrial (11 0) Average Vehicle Trip Ends vs: Employees On a: Weekday, P.M. Peak Hour of Generator Number of Studies: 21 Avg. Number of Employees: 421 Directional Distribution: 29% entering, 71% exiting Trip Generation per Employee Average Rate Range of Rates . Standard Deviation 0.51. 0.36 - 1.18 0.75 Data Piot and Equation T = Average Vehicle Trip Ends 1,200 1,100 1,000 900 800 700 500 400 X 300—...,X..X X 200 X Xx 100 r r 0 a 1000 X = Number of Employees Fitted Curve X Actual Data Points Fitted Curve Equation: T= 0.358(X) + 65.814 2000 Average Pate R2=0.90 irr'p Generation, 6th Edition 94 Institute of Transportation Enc BZITTIZ WILDLIFE CONSULTING, INC. glit Kirk H. Beattie, Ph.D. 1546 E. 12th Street Rifle, CO 81650 e-mail: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 Prepared by Kirk H. Beattie, Ph.D. Beattie Wildlife Consulting, inc. 1546 E. 12th Street Rifle, CO 81650 November 2003 Vegetation Report for the Proposed Mamm Creek Commons Page i TABLE OF CONTENTS Page 1 INTRODUCTION 1 DESCRIPTION OF AREA 2 DESCRIPTION OF DEVELOPMENT S VEGETATION HELD SURVEY 6 PROTECTED AND RARE PLANTS 7 WEEDS AND WEED CONTROL 11 REVEGETATION 16 LITERATURE CITED 18 TABLES F1 FIGURES Beattie Wildlife Consulting, Inc. November, 2003 Vegetation Report for the Proposed Mamm Creek Commons Page LIST OF TABLES Page 18 Table 1. Garfield County designated noxius weed list. 19 Table 2. Colorado state government designated noxious weeds in Colorado. 24 25 Table 3. Top ten prioritized weed species for the state of Colorado. Table 4. Colorado state government designated priority weeds based on potential economic and environmental harm. 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 1 1 1 1 1 1 1 1 Vegetation Report for the Proposed Marnm Creek Commons Page Hi LIST OF FIGURES Page 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 Vegetation 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 parcels with lot sizes ranging from 1 to 2 acres. Mr. Sills requested that Beattie Wildlife Consulting prepare a pre - 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 snowmelt. 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 319 in the northern part of the proposed development and travels west through the property (Fig. 2). Rnmffin Wiir4hfo P`nnerrlfinn lnr• kintJ mhnr 7nnn Vegetation Report for the Proposed Mamm Creek. Conunona Page 2 DESCRIPTION OF DEVELOPMENT Mamm Creek Commons is proposing 24 single family lots on 47.24 acres_ Future development may result in additional Tots. 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-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. Pcvnttio Wilrllifn f nncrrlfinre Inr Nnvnrnhnr 7(1111 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Vegetation Report for the Proposed Mamm Creek Commons Page 3 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, I was assisted in vegetation identification and inventory by Peggy 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 Planus of Wyoming (Dorn 1992), Uinta Basin Flora (Goodrich and Neese 1986), Flora of the Great Plains (Great Plains Association 1986), Manual 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 tridentata wyomingensis), black greasewood (Sarcobatus vermiculatus), snakeweed (Gutierreaiz Beattie Wildlife Consulting, Inc. November, 2003 Vegetation Report for the Proposed Mamm Creek Commons Page 4 sarothae), rabbitbrush (Chrysothamnus nauseous), big sagebrush (Artemisia tridentata), shadscale (Atriplex confertifolla), winterfat (Ceratoides Janata), yellow alyssum (Alyssum alyssoides), cheatgrass (Bromus tectorum), galleta grass (Hi/aria jamesii), 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 coliina), tansy mustard (Descurainia incisa), cranesbill (Erodium cicutarium), cushion buckwheat (Eriogonum ovalifolium), tansy aster (Machaeranthera bigelovii), rayless tansy aster (Machaeranthera grindelioides), Jim hill mustard (Sisymbrium altissimum), thrift mock goldenweed (Stenotus armerioides), yellow salsify (Tragopogon dubius), cheatgrass, Salina wild -rye (Leymus saliva), 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 Vegetation Report for the Proposed Mamm Creek Commons Page 5 and big sagebrush plant, this land cover type Tacks 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 (Q'-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 (Aristida purpurea), junegrass (Koeieria 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 Vegetation Report for the Proposed Mamm Creek Commons Page 6 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. Beattie Wildlife Consulting, Inc. November, 2003 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. I 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. I 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 1/8 -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 trclopyr (Garton 3A and Garton 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, l recommend the developer take steps to control Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 Vegetation Report for the Proposed Mamm Creek Commons Page 10 adjacent to CR 319. Cutting, pulling, and digging can work on 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 1 1 1 1 1 1 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. I recommend the following seed mix TEMPORARY SEED MIX COMMON NAME SCIENTIFIC NAME VARIETY SEEDS/LB SEEDS/ FT2 SEEDING RATE -- LBS PLSIACRE1 Thickspike wheatgrass Agropyron dasystachyum Critana 160.000 9 2.4 Smooth brome Bromis inermis Lincoln 145,000 13 3.9 Sideoats grama Bouteloua curtipendula Butte 190,000 10 2.2 Russian wildrye Elyrnus junceus Vanall, Bozoisky 170,000 8 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 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Vegetation Report for the Proposed Mamm Creek Commons Page 14 PINYON -JUNIPER SEED MIX COMMON NAME SCIENTIFIC NAME VARIETY SEEDS/LB SEEDS! FT2 SEEDING RATE— LBS PLS/ACRE/ Western wheatgrass Agropyron smithii Arriba 125,000 6 2.0 Thickspike wheatgrass Agropyron dasystachyum Critana 160,000 8 2.1 Russian wildrye Elymus junceus Vanall, Bozoisky 170,000 7 1.7 Galleta Hilaria jamesii Viva 160,000 10 2.7 Sandberg bluegrass Poe secunda 925,000 21 1.0 Bluebunch wheatgrass Pseudoroegner la spicata 140,000 6 2.0 Indian ricegrass Oryzopsis humenoides Paloma 155,000 _ 6 1.6 Small burnet Sanguisorba minor Delar 50,000 2 1.7 Northern sweet _ vetch Hedyserum bore_ ale _ 340,000 1 1.0 Big sagebrush Artemisia tridentate _ Hobblecreek 2,500,000 1 0.5 Shadscale saltbush Atriplex confer -atone 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Vegetation Report for the Proposed Mamm Creek Commons Page 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 1 1 1 1 1 1 1 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 amateurs field guide to Rocky Mountain wildflowers, trees, and shrubs. Denver Botanic Gardens, Denver, 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 Vegetation Report for the Proposed Mamrn 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 Vegetation Report for the Proposed Mamm Creek Commons Page 18 Table 1. Garfield County designated noxious weed list. Common Name Scientific Name Leafy spurge Russian knapweed Yellow starthistle Plumeless 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 Ioosestrife Russian olive Euphorbia esula Acroptilon repens Centaurea solstitalis Carduus acanthoides Cynoglossum officinale Arctium 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 Scientific Name Absinth wormwood African rue Black henbane Black nightshade Blue mustard Bouncingbet Bull thistle Camelthom Canada thistle Chicory Chinese clematis Coast to tweed Common burdock. Common crupina Common groundsel Common mullein Common St. Johnswort Common tansy Common teasel Cypress spurge Dalmatian toadflax broad-leaved 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 fullonum Euphorbia cyparissias Linaria dalmatica Beattie Wildlife Consulting, Inc, November, 2003 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 diffuse Bromus tectorum Isatis tinctoria Myriophylium spicatum Convolvulus arvensis Descurainia sophia Salvinia molesta Setaria viridis Solanum sarrachoides Halogeton glomeratus Cardaria draba Cynoglossum offlcinale Hydrilla hydrilia Sorghum halepense Aegiiops cylindrica Kochia scopana Euphorbia esula Anthemis cotula Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Vegetation Report for the Proposed Mamm Creek Commons Page 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. Punctu revive Purple loosestrife Quackgrass Redstem filaree Rush skeletonweed Russian knapweed Centaurea pratensis Salvia aethiopis Taeniatherum caput -medusae Verbascum blattaria Carduus nutans Euphorbia myrsinites Hieracium aurantiacum Chrysanthemum leucanthemum Lepidium latifolium Sonchus arvensis Carduus acanthoides Conium maculatum Tribulus terrestris Lythrum salicaria Elytrigia repens Erodium cicutarium Chondrilla juncea Centaurea repens Beattie Wildlife Consulting, Inc. November, 2003 Vegetation Report for the Proposed Mamm Creek Commons Page 22 Table 2. Colorado state government designated noxious weeds (continued). Common Name Scientific Name Russian -olive Russian thistle Saltcedar 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 0. tauricuni Lespedeza cuneata Capsella bursa -pastoris Centaurea maculosa Anoda cristata Centaurea virgata Patentilla recta Sphaerophysa salsula Senecio jacobaea Abutilon theophrasti Hibiscus trionum Carum carni Brassica kaber Avena fatua Panicum miliaceum Beattie Wildlife Consulting, Inc. November, 2003 Vegetation Report for the Proposed Mamm Creek Commons Page 23 Table 2. Colorado state government designated noxious weeds (continued). Common Name Scientific Name Yellow foxtail Setaria glauca Yellow nutsedge Cyperus esculentus Yellow starthistle Centaurea solstitialis Yellow toadflax Linaria vulgaris Beattie Wildlife Consulting, Inc. November, 2003 Vegetation Report for the Proposed Mamm Creek Commons Page 24 Table 3. Top ten prioritized weed species for the state of Colorado. Common Name Scientific Name Canada thistle Dalmatian toadflax broad-leaved Diffuse knapweed Field bindweed Hoary cress Houndstongue Leafy spurge Mayweed chamomile Musk thistle Russian knapweed Yellow toadflax 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 Dyers 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 offlcinalis Alhagi pseudalhagi Media saliva Crupina vulgaris Dipsecus fullonum Euphorbia cyperissias 'sans tinctoria Myriophyllum spicatum Salvinia molesta Hydrilla hydrilla Centaurea pratensis Salvia aethiopis Teeniatherum caput -medusae Verbascum blattaria Euphorbia myrsinites Hieracium aurantiecum Chondrilla juncee Lespedeza cuneata Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 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 Anode 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 1 1 1 1 1 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. IIMGeniallill OW + ;MIMIC lasiocarpa InfraspecificName Abies Abronia argillosa Abronia elliptica Acer glabrum Acer glabrum negundo tripartitum Acer Achillea millefolium occidentalis Aconitum columbianum Actaea rubra Agastache urticifolia Agoseris aurantiaca Agoseris glauca Agoseris glauca laciniiata Agropyron albicans -Agropyron dasystachyum dasystachyum Agropyron smithii Agropyron spicatum inerme Agropyron - spicatum spicatum Agropyron trachycaulum trachycaulum, unilaterale Agropyron - - Agrostis exarata Agmstis scabra Agmstis stolonifera Allium acuminatum Allium cemuum Amaranthus albus Amelanchier alnifolia Amelanchier pumila Amelanchier utahensis Androsace septentrionalis Androsace septontrionalis Angelica ampla Antennaria pparviflora rosea Antennaria Antennaria umbrinella Aquilegia bamebyi _ Aquilegia coerulea coerulea Aquilegia coerulea ochroleuca Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 1 1 1 1 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/Garfieid.htm. (continued). . a......a1111111111111$ Ace . MilLinfraspecifichlame Arabis glabra Arabis holboeflii Arabis pulchra Arenaria congesta Arenaria eastwood!ae Arenaria fendieri Arenaria kingii Arenaria late/117m Arenaria macradenia Amica cordifolia Arnica parry! Artemisia dracunculus Artemisia ludoviciana Artemisia spinescens Artemisia tridentata Asclepias asperula Asclepias cryptoceras Asclepias hall!! Asclepias - speciosa Asclepias subverticillata Asparagus ofcinalis Asperugo procumbens Aster ascendens _ Aster engelmannii Aster ericoides Aster foliaceus Aster glaucodes Aster laevis Astragalus amphioxys Astragalus argophyllus Astragalus asclepiadoides Astragalus bisulcatus Astragalus convallarius Astragalus flavus Astragalus flexuosus Astragalus lonchocarpus Astragalus lutosus Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Vegetation Report for the Proposed Mamrn Creek Commons Page 29 Table 5. Plant species recorded for Garfield County by the Colorado State University Herbarium. Source: herbariurn.biology.colostate. edu/Garfield.htm. (continued). Beattie Wildlife Consulting, Inc. November, 2003 .,infra pecificNdme. Astragalus musiniensis Astragalus pattersonii Astragalus purshii Astragalus wetherillii Astragalus wingatanus canescens Atriplex Atriplex confertifolia Atriplex cuneata Atriplex graciliflora sagittata Balsamorhiza Bassia hyssopifolia Brickellia califomica Brickellia grandiflora carinatus Bromus _ Bromus ciliatus Bromus inermis inermis Bromus polyanthus Bromus tectorum Calamagrostis purpurascens Calamagrostis scopulorum Calochortus gunnisonii Camelina microcarpa Camissonia scapoidea mtundifolia Campanula Capsella _ bursa -pastoris Cardamine cardifollia Cardaria draba Carex aurea Carex capillaris Carex gayer' Carex hoodii Carex illota Carex 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 1 1 1 1 1 1 Venetation 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). NW Genus SpecificEpithet°ecificNamei Carex raynoldsii Carex rostrata Castilleja chromosa Castilleja linariaefolia Castilleja _ miniata Castilleja rhexifolia Castilleja sulphurea Catabrosa aquatica Ceanothus martini' Ceanothus velutinus Centaurea jacea Centaurea repens Cerastium arvense Ceratocephalus testiculatus Cercocarpus montanus Chaenactis douglasii Chenopodium album Chenopodium capitatum fremontii Chenopodium Chenopodium glaucum Choriispora tenella Chrysothamnus depressus Chrysothamnus linifolius graveolens Chrysothamnus nauseosus Chrysothamnus party' parryi Chrysothamnus viscidiflorus lanceolafus Cichorium intybus Cirsium arvense Cirsium ' calcaneum Cirsium canescens Cirsium centaureae Cirsium undulatum Cirsium vulgate Claytonia lanceolata Claytonia megarrhiza Clematis columbiana Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 1 1 1 1 1 1 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). IllitGenus ' SpecificEpithet; "IrlfraspecificNar7 Clematis hirsutissima Cleome serrulata Collinsiia parviflora Collomia grandiflora Collomia kneads Comandra umbellata Corallorrhiza maculata Comus stolonifera Corydalis aurea aurea Corydalis aurea - occidentalis Crataegus erythrapoda Crataegus rivularis Crepis acuminate Cryptantha _ bakeri Cryptantha cana Cryptantha elata Cryptantha flavoculata Cryptantha gracilis - sericea Cryptantha Cryptantha virgata Cymopterus bulbosus Cymopterus purpurascens Cymopterus purpureus Cynoglossum offrcinale Dactylis glomerata Danthonia intermedia Delphinium nelsonii Delphinium nuttallianum Delphinium occidenfale _ _ Delphinium ramosum Delphinium robustum Delphinium variegatum californica Descurainia Descurainia pinnate Descurainia richardsonii Draba pectabilis parvfflorum Dracocephalum Beattie Wildlife Consulting, inc. November, 2003 1 1 1 1 1 1 1 1 1 1 1 1 1 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. edu/Garfield.htm. (continued). Beattie Wildlife Consulting, inc. November, 2003 SpeciticEpithet..; Infra specificName Dryopter s Ftix-mas Dugaidia hoopesii Echinocereus triglochidiatus Echinochloa crus-galli Eleocharis palustris Ellisia - nyctelea Elymus ambiguus salinus Elymus cinereus Elymus glaucus Elymus _ triticoides Elysitanion Ephedra _ viridis Epilobium angustifolium Epilobium brevistylum Epilobium cilia um glandulosum Epilobium ciliatum ciliatum_ Epilobium latifolium Equisetum arvense Equisetum laevigatum Erigeron acris Erigeron colomexicanus Erigeron concinnus Erigeron coulteri Erigeron eatonii Erigeron etatior Erigeron engelmannii Erigeron flagellaris Erigeron glabellus peregrinus Erigeron Erigeron pinnatisectus Erigeron speciosus macranthus Erigeron speciosus speciosus Erigeron subtrinervis Eriogonum bicolor Eriogonum corymbosum Eriogonum gordonii Eriogonum inflatum Beattie Wildlife Consulting, inc. November, 2003 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. edu/Garfield.htm. (continued). Genus c: SpecificEpithet InfraspecificNarne: Eriogonum lonchophyllum Eriogonum ovalifolium Eriogonum sarothriforme Eriogonum umbellatum aureum Erodium cicutarium Elysimum capitatum Etythronium grandiflorum fondled Euphorbia Euphorbia robusta Festuca arundinacea Festuca dasyclada Festuca idahoensis Festuca ovina Festuca _ thurberi Frasera speciosa Fritillaria atropurpurea _ Gaillardia aristata Gaillardia pinnatifida Galium - aparine Callum bifolium Galium boreale Galium coloradense Galium triflorum Gayophytum diffusum Gentiana algida Gentiana Parr" Gentianella amarella Geranium caespitosum Geranium richardsonii Geum macrophyllum Geum triflorum Gilia sinuata Glechoma hederacea Goodyera oblongifolia Gra yia_ - �brandegei Grindelia fastigiata Grindelia , squarrosa Beattie Wildlife Consulting, inc. November, 2003 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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.colastate. edu/Garfield.htm. (continued). lillik Genus SecificEpithet InfraspecificName Gutierrezia sarothrae Hackelia floribunda Helianthella quinquenervis Helianthella uniflora Heliomeris multiflora Heterotheca horrida Heterotheca villosa Heuchera paivifolla Hilaria jamesii Holodiscus discolor Holodiscus dumosus Hordeum brachyantherum jubatum Hordeum Hordeum pusillum Humulus lupulus Hydrophyllum capitatum Hydrophyllum fendleri Hymenopappus filifolius Hymenoxys acaulis - Hypericum scouted Ipomopsis - aggregata aggregata Ipomapsis aggregata polyantha attenuata 1pomopsis 1pomopsis tenuituba Iva axillaris Iva xanthifolia Juncus articulatus Juncus bufonius Juncus confusus Juncus longistylis Juncus mertensianus Juniperus scopulorum Kochia americana Kochia scoparia Koeleria macrantha Kuhnia rosmarinifolia Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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). Beattie Wildlife Consulting, inc. November, 2003 SpecifcEpithet InfraspecificNarrle. Lactuca serriola Lamium cardiaca f Lappula redowskii Lappula squarrose leucanthus Lathyrus Lathyrus - — leucathus Lepidium campestre 1 Lepidium latifolium Leptodactylon pungens Lesquerella parviflora Leucelene ericoides Leucopoa kingii Lewis/a pygmaea Ligusticum porter' Limnorchis ensifolia Limoselia aquatica , Linanthus androsaceus Linaria dalmatica Linum lewisii Lithospermum ruderale Lomatium grayi Lomatium orientate Lotus comiculatus Lupinus amplus Lupinus argenteus Lupinus bakeri Lupinus brevicaulis Lupinus caudatus Lupinus parviflorus Lupinus vallicola Lycium barbarum Lygodesmia grandiflora Machaeranthera canescens canescens Machaeranthera pinnatifida Madia glomerata Malcolmia africana Beattie Wildlife Consulting, inc. November, 2003 1 1 1 1 1 1 1 1 1 1 1 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). :1W -,q, GerytES .._ SpecificEpitheillitinfraspecificNerne. Marrubium vulgare Matricaria matricarioides Medicago lupulina Melica bulbosa 1 Melica spectebilis Melilotus alba Mentha arvensis Mentzelia disperse compacta Mentzelia disperse disperse Mentzelia laciniata Mentzelia multicaulis Mentzelia pterosperma Mentzelia rhizomata Mentzelia thompsonii Mertensia alpine Mertensia brevistyla Mertensia ciliate Mertensia lanceolate Microseris nutans Microsteris gracilis Mimulus guitatus Mitella _ stauropetala Monolepis nuttalliana Myosotis alpestris Nicotiana attenuate Oenothera caespitosa 1 macroglottis Oenothera caespitosa marginate Oenothera caespitosa navajoensis Oenothera flava Opuntia fragilis Oryzopsis hymenoides Oryzapsis micrantha Osmorhiza depauperata Osmorhiza occidentalis Oxybaphus linearis Oxytropis lambertii Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Vegetation Report for the Proposed Mamm Creek Corarnons - Page 37 Table 5. Plant species recorded for Garfield Ccunty by the Colorado State University Herbarium. Source: herbaiium.biology.colostate. edu/Garfield.htm. (continued). Genus . S ccficE ithet p p' Ini` e clfic'Name. Oxylropis sericea Packers multilobata Packera neomexicana mutabilis Packera pseudaurea flavula Panicum capillary Paronychia jamesii Paxistima myrsinites Pedicularis bracteosa Pedicularis grayi Pedicularis groenlandica Pedicularis racemose_ Pellaea glabella Penstemon alpinus _ Penstemon barbatus tclreyi Penstemon caespitosus Penstemon debilis Penstemon fremontii 4 Penstemon mofatii _ Penstemon osterhoutii Penstemon rydbegii Penstemon sfrictus Penstemon watsonii Penstemon whippleanus 1 Peraphyllum ramosissimum Phacelia alba Phacelia co►rugata Phacelia heterophylla Phacelia idahoensis Phacelia splendens Phacelia submutica Phalaris arundinacea Philadelphus microphyllus Phleum alpinum Phlox hoodii Phlox longifolia Phlox multiflora Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Vegetation Report for the Proposed Mamm Creek Corimons Page 38 Table 5. Plant species recorded for Garfield Ccunty by the Colorado State University Herbarium. Source: herbarium.biology.colostate. edu/Garfield.htm. (continued). INIMPRIM- pecificEpithet InfraspecifocNarne Physaria acutifolia Physaria floribunda Physaria rollinsii Physaria vitulifera Picea pungens Pinus edulis Pinus flexilis Plagiobothrys scouleri Plantago lanceolate Plantago major Plantago tweedyi Platyschkuhria oblongiifolia Poa alpine amply Poa Poa canbyi Poa nemoralis Poa nervosa Poa nevadensis Poa pratensis Poa - reflexa Poa rupicola Poa stenanthe Polernonium foliosissimum Polygonum aviculare Polygonum bistortoides Polygonum patulum Polygonum persicaria Polypogon monspeliensis Populus angustifolia - -- Populus tremuloides Potamogeton alpinus Potamogeton fillformis Potamogeton pusillus Potentilla diversifolia Potentilla fruticosa Potentilla gracilis Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 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.. edu/Garfield.htm. (continued). Genus SpecificEpithet In .raspecificName Potentilla heliophilum Potentilla hippiana Potentilla hookeriana Potentilla pulcherrima Potentilla rubricaulais Prunus armeniaca Prunus virginiana melanocarpa Pseudocymopterus montanus Pseudotsuga menziesii Psilostrophe baked Pteridium aquilinum Puccinellia airoides Purshia tridentata Pyrrocoma _ clementis Quercus _ 9ambelli Ranunculus alismifolius Ranunculus aquatilis Ranunculus cymbalaria Ranunculus eschscholtzii adoneus Ranunculus inamoenus Ranunculus macounii Ratibida columnifera Ratibida - - tagetes - - Rhus trilobata Ribes aureum aureum Ribes cereum Ribes inerme Ribes leptanthum Ribes montigenum Ribes wolfii Rorippa nasturtium- aquaticum acicularis Rosa Rosa nutkana - woodsii _Rosa Rubus deliciosus Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 1 1 1 1 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. edu/Garfield.htm. (continued). `ra pecificNari e: tri3ngulivalvis kingii admirabilis Beattie Wildlife Consulting, Inc. November, 2003 Rudbeckia laciniata Rudbeckia occidentalis Rumex crispus Rumex salicifolius Ruppia maritime Salix bebbiana Salix exigua Salix monticola Salix rigida vermiculatus Sarcobatus Saxifrage bronchialis Schoenocrambe linifolia Scirpus maritimus Scirpus validus Sclerocactus glaucus Sclerocactus parviflorus Sclemchloa dura Scrophularia lanceolate Senecio bigelovii Senecio crassulus Senecio eremophilus Senecio integerrimus - Senecio serra Senecio triangularis Setaria glauca Shepherdia argentea Shepherdia canadensis Sidalcea candida Silene menziesii Sisymbrium altissimum Sitanion hystrix Smelowskia calycine Srnllacina racemosa Smllacina stellate Solanum carolinense Solidago canadensis `ra pecificNari e: tri3ngulivalvis kingii admirabilis Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 1 1 1 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). 1,11110 S, ecificE ithet y., Irifras ecific fame., Solidagp multiradiata scopulorum Solidago occidentalis Solidago pariyi Sorghum halepense coccinea Sphaeralcea Sphaeralcea parvifolia Sporobolus cryptandrus Stellaria calycantha Stellaria jamesiana Stellaria longipes Stellaria umbellate Stenotus acaulis Stenotus armerioides Stephanomeria tenuifolia Stipa columbiana Stipa comata - Stipa lettermanii Stipa occidentalis Stiporyzopsis bloomers Streptanthus cordatus Suaeda intermedia Swertia perennis Symphoricarpos oreophilus Tanacetum vulgare Taraxacum officinaie Tetradymia canescens Tetradymia spinosa Thalictrum fendled Thalictrum heliophilum Thelypodiopsis elegans Thelypodiopsis juniperorrm Thermopsis divaricarpa Thlaspi montanum Thysanocarpus curvipes Townsendia incana Toxicodendron rydbergii Beattie Wildlife Consulting, inc. November, 2003 1 1 1 1 1 1 1 1 1 1 1 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: herbalum.biology.colostate. edufGarfield.htm.. (continued). I Vic+ 1�1 Tragopogon dubius Trifolium dasyphyllum Trifolium gymnocarpon 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 Viola americana Viola adunca Viola canadensis conadensis Viola douglasii Viola nuttallii Viola praemorsa Viola _ vallicola Wyethia amplexicaulis Xanthium strumarium Xylorhiza venusta Zigadenus elegans Beattie Wildlife Consulting, inc. November, 2003 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Vegetation Report for the Proposed Marnm Creek Commons Page 43 Table 6. Vegetation inventory of the proposed 'Vlamm Creek Commons. SCIENTIFIC NAME COMMON NAME Trees Pinus edulis Pi nyon pine Populus angustifolia Narrow -leaved cottonwood Sabina osteosperma _ Utah juniper Tamarix ramosissimia Salt cedar, tamarisk Shrubs Artemisia tridentata Big sagebrush Artemisia tridentate wyomingensis Wyoming sagebrush Atriplex confertifolia S hadscale Ceratoides Janata Winterfat Chrysothamnus depressus Low rabbitbrush Chrysothamnus nauseous Rabbitbrush Ephedra viridis Green ephedera Sarcobatus vermiculatus Eilack greasewood Forbs Allium acuminatum Wild onion Alyssum alyssoides Yellow alyssum Arabis glabra Tower mustard Arctium minus Common burdock Astragalus amphioxys Crescent milkvetch Astragalus megacarpus Creat bladdery milkvetch Astragalus wingatanus Milk vetch Chenopodium capitatum Strawberry blight Conyza canadensis Canadian horseweed Cryptantha gracilis Crypthantha Descurainia incisa Tansy mustard Erodium cicutarium Cranesbill Eriogonurn lonchophyllum Spearleaf buckwheat Eriogonum ovalifolium Cushion buckwheat Gutierreaiz sarothae Snakeweed Helianthus annuus Common sunflower Kochia scoparia Kochia Lepidium latifolium Perennial pepperweed Machaeranthera bigelovii Tansy aster Machaeranthera grindelioides Rayless tansy aster Osterhout's beard tongue Penstemon osterhoutii Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Vegetation Report for the Proposed Mamm Creek Commons Page 44 Table 6. Vegetation inventory of the proposed Mamm Creek Commons (continued). SCIENTIFIC NAME COMMON NAME Forbs (continued) Penstomen strictus Rocky Mountain penstemon Phacelia crenulata Notchleaf phacelia Physaria floribunda Double bladder -pod Salsola collina Russian thistle Sisymbrium altissimum Jim hill mustard Sphaerophysa salsula Swainsonpea Stenotus armerioides Thrift mock goldenweed Tragopogon dubius Yellow salsify Grasses Stipa hymenoides Indian ricegrass Poa secunda Sandberg bluegrass Bromus fectorum Cheatgrass - Leymus saline' Salina wild -rye Kochia scoparia Kochia Phalaris arundinacea Reed canary grass Pseudoroegneria spicata Biuebunch wheatgrass Elymus elymoides Bottlebrush squirreltail Aristide purpurea Red three -awn grass Koeleria macrantha Junegrass Hilaria jamesii Galleta grass Agropyron cristatum Crested wheatgrass Agropyron intermedium Intermediate wheatgrass Beattie Wildlife Consulting, Inc, November, 2003 Vegetation Report for the Proposed Mamm Creek Commons Page Fi 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 Page F2 Figure 2. Aerial photograph of the proposed Mamm Creek Commons. Beattie Wildlife Consulting, Inc. November, 2003 Vegetation Report for the Proposed Mamm Creek Commons 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Page F3 -'"'..."--,-..-....-_-•--....- — = r �,,e:`!! .'. a; •. f�r�l�lFllr✓' ate r �' �R�l,±�.ra err r; ! ��•r• T r arra... - ... -- `el !e, !'�! ree ! 'Is�..JT - ''rcR!r°!rr'r°� el,,er r! !!'!r r r!! elr-y- 5 + _ !h°erNe!r'Y`rrf ey .0.y! _ a l,T - _ Yr r ![!!r !! r rrre,� � - I I rrhR!!'r!r!r ! ! r ! .14,1' tRI !r a 2:$5.,.,,,., rr r! f ! ! ! !r r! - rr —....,,,,,,5%,,,,A.:4 -merry lerS !`!! RRR R! fRlRR srerr•I` 1! !!. !r r ------ _ _ _ - -- �� 1I k 1 _ r r rear pane !!r err �l - -___` -- _ - II 11 J11uI Yi1 { ! ! !!reel !_. _ - '`...14",o,.., Ijf ,IO d Y1=;rtsY.,te {` i:4555,%,' !I I' - I I 1 ,I t1YI\ I', � _ rl�r get �rrrlee !lrR��rtrrlr-rrr rr;•a:4rr,`,r�arrs �, ' �r � i, orf 1 Cr r r ►r h �II 11111111' III !far !rrrrr°lrrrrrlrR°e r rrrrr rr,t'elfr.��'rrr{,�J��{�F� !!!� `�i' lr II Aft IIT' 'rllrrr! rF ft rrf}rr r rerlrl!! •�e_re:' , 1, lrrrrrrerr�!4 lRTrrlflrTr,.r rFR;'r! ftl, rr p r rT r!!lrr,. e rrrrr r f I ep,p !l�r r' ar err 1,:i .rklSll�Tirr rr f ` rrr rrrrr l!! R !!!rC!!r!r! ! r r = .11111! . =! !!.! frr re le !e rrSrrrRr!!lrlfrr .erlre ["-e..444,1, eel ,! rrrrr ! rrrrr! f !'rrr rr leerrrerrrfrrrre!!, rrrrrlTrrrrS ee ! e •�r rrllrr;r - •r .• if r• rare R! rlRRrRrR 4,1,!!!!!rr Rer!!r ! ! r -e S f .rrlrlr}rrrrrr`r!!e Viearalrr � Fr}af ! NlirrrFrrrerffrri lrrrp Erllrr! rrr 'i rr! �! ! r e "riffrrrrrrr - 1 �p fr! frWlf !!r A rrr�R�:t !r Tff ±rr.e.lr lei'. ;�, :Rerrr'r,l; r err! ,rule' r!r are re�u r,e ar! r {!C !e !_ I ilil •-r !' ;r l,r, '! r r rrr' �! R!i F; r, a ! • !!r ft. . tmmMil II II Fig. 3. Land cover types at the proposed Mamm Creek Commons. WeY.Y.. Srr,d..r• Flat to gently sloping with sagebrush, scattered juniper, cheatgrass, snakeweed, rabbitbrush, greasewood. ElModerate 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 1 1 1 1 1 March 3.2oo, SUPPLEMENT TO THE DRAINAGE REPORT FOR I a 1i r'REEN, C c IIII IVIO ISi FOR A SPECIAL USE PERMIT APPLICATION PREPARED FOR: 319 Companies, Inc. 45705 Highway 6 & 24 Glenwood Springs, CO 81601 (970) 945-9511 PREPARED BY: High Country Engineering, Inc. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 (970) 945-8676 HCE JOB NO. 2031046.00 x0552 1 1 1 11 k:lwp1203110461Drainage letter SUP.doc 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 March 3, 2005 Garfield County Planning 108 8th Street, Suite 201 Glenwood Springs, Colorado 81501 Re: Mamm Creek Commons Special Use Permit HCE Job Number 2031046.00 To Whom It May Concern: This letter will serve as a supplement to the existing Drainage Report dated February 25, 2004, Revised July 21, 2004 and approved under the Mamm Creek Commons Cluster Housing Option Preliminary Plan Submittal. The Special Use Permit being applied for consists of 3 commercial buildings. These building are within the drainage study of the reference drainage report. This drainage report is still valid for the overall concept of the proposed area. This discussion is in reference only to this special use permit application. Any additional development will require additional information to be submitted or a revised drainage report, depending on the significance of the development. A drainage basin was delineated for each proposed building. The basin delineations did not change from existing to proposed conditions, as the existing drainage facilities will not change. Any grading within the basin shall maintain the integrity of the existing drainage patterns. The included exhibits show the existing and proposed drainage basins and characteristics. The flows from these three basins based on the 100 -yr storm increase by 0.29 cfs from 16.54 cfs for Basin 1 (1.8% increase), 0.34 cfs from 6.69 (5.1% increase) for Basin 2, and 0.32 cfs from 2.53 cfs (12.6% increase) for Basin 3. Basin 1 and 2 flow into the lower end of the Dry Creek Drainage Basin having a calculated 100 -yr flow at County Road 319 of 441 cfs, as discussed in the referenced drainage report. With that in mind, the additional flow from these two buildings is insignificant and will not be detained. The third building located in Basin 3 will combine with the flow going to the culvert located near the intersection of County Road 319 and Grass Mesa Road. The calculated flow reported in the previous drainage report for the 100 -yr event under the existing conditions is 93.82 cfs. Again, the additional 0.32 cfs is considered insignificant and will not be detained onsite. The existing drainage facilities shown on these exhibits, illustrated by design points, indicate that the existing facilities are sufficient to handle the 100 -year event including these proposed conditions. 1517 Blake Avenue, Suite 101 Glenwood Springs, Co 81601 Telephone (970) 945-8676 - Fax (970) 945.2555 14 Inverness Drive East Suite D-136 Englewood, CO 801 12 Telephone (303) 925-0544 - Fax (303) 925-0547 The previously discussed flow calculations were completed with the same method as described in the referenced drainage report. The calculation sheets regarding the proposed buildings under this special use permit have been included with this letter. The enclosed exhibits illustrate the basins used regarding this discussion and also tabulate the characteristics of the existing and proposed conditions allowing a direct comparison. Sincerely, HIGH COU TRY ENGINEERING, INC. Jeft ey O.or, P.E. Project Engineer 2 oft K:lWP420341046tDrainage fetter SUP2.doe EX --1 25VR TR -55 Tabular Hydrograph Method Input Summary Description EX -1 Rainfall Distribution Type II Ia/P Interpolation On Total Area 17.2919 ac Peak Time 12.2000 hrs Peak Flow 11.0162 cfs Given Input Data: Subarea D/s subareas Area CN Tc Tt Rainfall Description (ac) (hrs) (hrs) (in) EX1 Support Data: Subarea Name: EX1, Row: 1 sheet Flow 17.2919 80 0.2293 0.0496 2.0000 Description Mannings n 0.1300 Flow Length 300.0000 ft Two Yr, 24 hr Rainfall ......... 1.0000 in Land Slope 0.4558 ft/ft Computed Sheet flow time > 0.1797 hrs Shallow concentrated Flow Description Surface unpaved Flow Length 1071.4168 ft. watercourse Slope 0.1381 ft/ft Velocity 5.9959 fps computed shallow flow time > 0.0496 hrs *************************** Total Time of Concentration ....... **************************** shallow Concentrated Flow 0.2293 hrs Description surface Unpaved Flow Length 1071.4168 ft Watercourse slope 0.1381 ft/ft velocity 5.9959 fps Computed Shallow flow time > 0.0496 hrs Total Time of Travel > 0.0496 hrs Composite Runoff Curve Number Calculator Description Area (ac) Curve Number Page 1 Ex -1 25YR 0.1193 85 17.1726 80 Total Area ------> 17.2919 80 Page 2 weighted CN EX -1 100YR TR -55 Tabular Hydrograph Method Input Summary Description EX -1 Rainfall Distribution Type II Ia/P Interpolation on Total Area 17.2919 ac Peak Time 12.2000 hrs Peak Flow 16.5374 cfs Given Input Data: Subarea D/S Subareas area CN Tc Tt Rainfall Description (ac) (hrs) (hrs) (in) EX 1 Support Data: Subarea Name: EX1, Row: 1 Sheet Flow 17.2919 80 0.2293 0.0496 2.4000 Description manning's n ..... 0.1300 Flow Length 300.0000 ft Two Yr, 24 hr Rainfall 1.0000 in Land Slope 0.4558 ft/ft Computed sheet flow time > 0.1797 hrs shallow Concentrated Flow Description Surface unpaved Flow Length 1071.4168 ft watercourse Slope 0.1381 ft/ft Velocity 5.9959 fps computed Shallow flow time .> 0.0496 hrs *************************** Total Time of Concentration > 0.2293 hrs Shallow Concentrated Flow Description Surface Unpaved Flow Length 1071.4168 ft watercourse slope 0.1381 ft/ft Velocity 5.9959 fps computed shallow flow time > 0.0496 hrs Total Time of Travel > 0.0496 hrs Composite Runoff Curve Number Calculator Description Area (ac) Curve Number Page 1 EX -1 100YR 0.1193 85 17.1726 80 Total Area n 17.2919 80 < weighted CN EX -2 25YR TR -55 Tabular Hydrograph Method Input Summary Description EX -2 Rainfall Distribution Type 11 Ia/P Interpolation ,...., On Total Area 5.2835 ac Peak Time 12.1000 hrs Peak Flow 4.5266 cfs Given Input Data: subarea D/S Subareas Area CN Tc Tt Rainfall Description (ac) (hrs) (hrs) (in) EX2 Support Data: Subarea Name: EX2, Row: 1 Sheet Flow 5.2835 80 0.1278 0.0649 2.0000 Description Manni ng's n 0.1300 Flow Length 60.0000 ft Two Yr, 24 hr Rainfall 1.0000 in Land Slope 0.2512 ft/ft Computed Sheet flow time > 0.0629 hrs shallow Concentrated Flow Description Surface unpaved Flow Length 912.3666 ft watercourse Slope 0.0585 ft/ft velocity 3.9024 fps Computed Shallow flow time > 0.0649 hrs ****i;*************** kir***** Total Time of Concentration > 0.1278 hrs **************************** Shallow Concentrated Flow Description surface unpaved Flow Length 912.3666 ft Watercourse Slope 0.0585 ft/ft velocity 3.9024 fps Computed Shallow flow time > 0.0649 hrs ******t:************ Total Time of Travel > 0.0649 hrs ****:'r**************** Composite Runoff Curve Number Calculator Description Area (ac) Curve Number Page 1 Total Area Ex -2 25YR 0.2824 85 5.0011 80 5.2835 80 < Page 2 weighted CN 1 EX -2 100YR 1 TR - 55 Tabular Hydrograph Method Input Summary Description 1EX-2 Rainfall Distribution Type 11 Ia/P Interpolation On Total Area 5.2835 ac ' Peak Time 12.1000 hrs Peak Flow 6.6865 cfs Given Input Data: 1 1 1 1 1 1 1 1 1 1 1 1 1 1 subarea D/5 Subareas Description Area (ac) Ext Support Data: subarea Name: Ex2, Row: 1 Sheet Flow 5.2835 Description Mannings n Flow Length Two Yr, 24 hr Rainfall Land Slope Computed Sheet flow time CN Tc. (hrs) Tt Rainfall (hrs) (in) 80 0.1278 0.1300 60.0000 ft 1.0000 in 0.2512 ft/ft 0.0629 hrs Shallow concentrated Flow Description Surface Flow Length watercourse Slope Velocity computed Shallow flow time . *************************** 0.0649 2.4000 Unpaved 912.3666 ft 0.0585 ft/ft 3.9024 fps ..> 0.0649 hrs Total Time of Concentration > 0.1278 hrs shallow Concentrated Flow Description Surface Flow Length watercourse Slope Velocity Computed Shallow flow time Unpaved 912.3666 ft 0.0585 ft/ft 3.9024 fps 0.0649 hrs ******************** Total Time of Travel ..> 0.0649 hrs Composite Runoff curve Number calculator Description Area (ac) Curve Number Page 1 Total Area EX -2 100YR 0.2824 85 5.0011 80 a 5.2835 80 < Page 2 weighted CN EX -3 25YR TR -55 Tabular Hydrograph Method Input Summary Description EX -3 Rainfall Distribution Type 11 Ia/P Interpolation On Total Area 2.6500 ac Peak Time 12.2000 hrs Peak Flow 1.6834 cfs Given Input Data: Subarea D/S Subareas Area CN Tc Tt Rainfall Description (ac) (hrs) (hrs) (in) EX -3 2.6500 80 0.1967 0.0261 2.0000 Support Data: Subarea Name: EX -3, Row: 1 Sheet Flow Description Mannings n 0.1300 Flow Length 166.6378 ft Two Yr, 24 hr Rainfall 1.0000 in Land slope 0.1600 ft/ft Computed Sheet flow time > 0.1706 hrs Shallow Concentrated Flow Description surface Unpaved Flow Length 537.9154 ft watercourse Slope ........... 0.1257 ft/ft Velocity 5.7204 fps computed shallow flow time > 0.0261 hrs ******* *** ******'******** ** Total Time of Concentration > 0.1967 hrs shallow concentrated Flow Description Surface Unpaved Flow Length 537.9154 ft watercourse Slope 0.1257 ft/ft Velocity 5.7204 fps Computed Shallow flow time > 0.0261 hrs ******************** Total Time of Travel > 0.0251 hrs ********************* Composite Runoff Curve Number Calculator Description Area (ac) Curve Number Page 1 Total Area EX -3 25YR 0.0000 85 0.0000 98 2.6500 80 2.6500 80 c weighted CN Page 2 Ex -3 100YR TR -55 Tabular Hydrograph Method Input Summary Description Ex -3 Rainfall Distribution Type II Ia./P Interpolation On Total Area 2.6500 ac Peak Time 12.2000 Mrs Peak Flow 2.5282 cfs Given Input Data: subarea D/S subareas Area CN Tc Tt Rainfall Description (ac) (hrs) (hrs) (in) Ex -3 Support Data: Subarea Name: EX -3, Row: 1 sheet Flow 2.6500 80 0.1967 0.0261 2.4000 Description manning's n 0.1300 Flow Length 166.6378 ft Two Yr, 24 hr Rainfall 1.0000 in Land Slope 0.1600 ft/ft computed Sheet flow time > 0.1706 hrs Shallow Concentrated Flow Description surface unpaved Flow Length 537.9154 ft watercourse Slope 0.1257 ft/ft velocity . 5.7204 fps Computed shallow flow time > 0.0261 hrs *************'.r******** Ari[*** Total Time of Concentration > 0.1967 hrs shallow Concentrated Flow Description surface unpaved Flow Length 537.9154 ft Watercourse Slope 0.1257 ft/ft Velocity 5.7204 fps computed Shallow flow time ..> 0.0261 hrs Total Time of Travel > 0.0261 hrs ********************* Composite Runoff Curve Number calculator Description Area (ac) curve Number Page 1 Total Area EX -3 100YR 0.0000 85 0.0000 98 2.6500 80 2.6500 80 < Page 2 weighted CN PR -1 25YR TR -55 Tabular Rydrograph Input Summary Description PR -1 Rainfall Distribution Ia/P Interpolation Total Area Peak Time Peak Flow Given Input Data: method Type 11 on 17.2919 ac 12.2000 hrs 11.2450 cfs Subarea D/S Subareas Description Area (ac) CN Tc Tt Rainfall (hrs) (hrs) (in) Support Subarea PR1 Data: Name: Sheet Flow PR1, Row: 1 17.2919 Description Manning's n Flow Length Two Yr, 24 hr Rainfall Land Slope computed sheet flow time 80 0.2293 0.1300 300.0000 ft 1.0000 in 0.4558 ft/ft 0.1797 hrs shallow concentrated Flow Description surface Flow Length Watercourse Slope Velocity Computed Shallow flow 0.0496 2.0000 unpaved 1071.4168 ft 0.1381 ft/ft 5.9959 fps time > 0.0496 hrs Total Time of Concentration > 0.2293 hrs **************************** Shallow Concentrated Flow Description surface Flow Length Watercourse Slope Velocity Computed Shallow flow time Unpaved 1071.4168 ft 0.1381 ft/ft 5.9959 fps > 0.0496 hrs ******************* Total Time of Travel > 0.0496 hrs ********************* Composite Runoff Curve Number Calculator Description Area (ac) Curve Number Page 1 Total. Area PR -1 25YR 0.1193 85 16.8607 80 0.1053 85 0.2066 98 17.2919 80 < Page 2 weighted CN PR -1 100YR TR -55 Tabular Hydrograph Method Input Summary Description PR -1 Rainfall Distribution '- Type II Ia/P Interpolation On Total Area I7.2919 ac Peak Time I2.2000 hrs Peak Flow I8.8242 cfs Given Input Data: Subarea D/S subareas Area CN Tc Tt Rainfall Description (ac) (hrs) (hrs) (in) PR1 Support Data: Subarea Name: PR1, Row: 1 Sheet Flow 17.2919 80 0.2293 0.8495 2.4000 Description .. manning's n ..................^.. 0.1300 Flow Length 300.0000 ft Two Yr, 24 hr Rainfall I.0000 in Land slope ,... 0.4558 ft/ft Computed sheet flow time > 0.1797 hrs shallow concentrated Flow Description surface . Unpaved Flow Length ^..'.....~. I07I.4I68 ft watercourse Slope 0.1381 ft/ft Velocity ........ 5.9959 fps Computed Shallow flow time › 0.0496 hrs *******»******************* Total Time of Concentration 0.2293 hrs ***************°****°******* Shallow Concentrated Flow Description Surface Unpaved Flow Length I07I.4168 ft watercourse Slope 0.138I ft/ft Velocity 5.9959 fps computed Shallow flow t me > 0.0496 hrs Total Time of Travel ..> 0.0496 hrs ********************* composite Runoff curve Number calculator Description Area (ac) Curve Number Page 1 Total Area PR -1 100YR 0.1193 85 16.8607 80 0.1053 85 0.2066 98 17.2919 80 <----- weighted CN PR -2 25YR TR -55 Tabular Hydrograph Method Input Summary Description PR -2 Rainfall Distribution Type II Ia/P Interpolation On Total Area 5.2835 ac Peak Time 12.1000 hrs Peak Flow 4.8031 cfs Given Input Data: subarea 0/5 Subareas Area CN Tc Tt Rainfall Description (ac) (hrs) (hrs) (in) PR2 5.2835 81 0.1278 0.0649 2.0000 Support Data: Subarea Name: PR2, Row: 1 Sheet Flow Description Manning's n 0.1300 Flow Length 60.0000 ft Two Yr, 24 hr Rainfall 1.0000 in Land Slope 0.2512 ft/ft Computed Sheet flow time > 0.0629 hrs shallow Concentrated Flow Description Surface . Unpaved Flow Length 912.3666 ft watercourse Slope 0.0585 ft/ft Velocity 3.9024 fps Computed Shallow flow time > 0.0649 hrs *************************** Total Time of Concentration .,.> 0.1278 hrs **************************** shallow concentrated Flow Description Surface . .... Unpaved Flow Length 912.3666 ft watercourse Slope 0.0585 ft/ft Velocity 3.9024 fps Computed Shallow flow time > 0.0649 hrs ******************** Total Time of Travel > 0.0649 hrs ********************* Composite Runoff Curve Number Calculator Description Area (ac) Curve Number Page 1 Total Area PR -2 25YR 0.2824 85 4.7330 80 0.0615 85 0.2066 98 5.2835 81 Page 2 weighted CN PR -2 100YR TR -55 Tabular Hydrograph Method Input Summary Description PR -2 Rainfall Distribution Type II Ta/P Interpolation On Total Area 5.2835 ac Peak Time 12.1000 hrs Peak Flow 7.0281 cfs Given Input Data: Subarea D/S Subareas Area CN Tc Tt Rainfall Description (ac) (hrs) (hrs) (in) PR2 support Data: Subarea Name: PR2, Row: 1 5.2835 81 0.1278 0.0649 2.4000 sheet Flow Description Manning's n 0.1300 Flow Length 60.0000 ft Two Yr, 24 hr Rainfall 1.0000 in Land slope 0.2512 ft/ft Computed sheet flow time > 0.0629 hrs shallow concentrated Flow Description .... surface unpaved Flow Length 912.3666 ft watercourse Slope 0.0585 ft/ft velocity 3.9024 fps Computed Shallow flow time > 0.0649 hrs *'r** **** .. **dr*** **is*** . **** Total Time of Concentration > 0.1278 hrs _* s* :........... .. * ...r********* **** Shallow concentrated Flow Description Surface unpaved Flow Length 912.3666 ft watercourse slope 0.0585 ft/ft velocity 3.9024 fps computed shallow flow time > 0.0649 hrs Total Time of Travel > 0.0649 hrs *{ **t*.._. *_....:*:....** Composite Runoff Curve Number Calculator Description Area (ac) curve Number Page 1 Total Area PR -2 100YR 0.2824 85 4.7330 80 0.0615 85 0.2066 98 5.2835 81 < Page 2 Weighted CN PR -3 25YR TR -55 Tabular Hydrograph Method Input Summary Description PR -3 Rainfall Distribution Type II za/P Interpolation On Total Area 2.6500 ac Peak Time 12.2000 hrs Peak Flow 1.9424 cfs Given Input Data: Subarea D/5 subareas Area CN Tc Tt Rainfall Description (ac) (hrs) (hrs) (in) PR -3 2.6500 82 0.1967 0.0261 2.0000 Support Data: Subarea Name: PR -3, Row: 1 Sheet Flow Description Manning's n 0.1300 Flow Length 166.6378 ft Two Yr, 24 hr Rainfall 1.0000 in Land slope 0.1600 ft/ft Computed Sheet flow time > 0.1706 hrs shallow concentrated Flow Description surface Unpaved Flow Length 537.9154 ft watercourse Slope 0.1257 ft/ft Velocity 5.7204 fps Computed Shallow flow time > 0.0261 hrs ***-************************ Total Time of Concentration > 0.1967 hrs **************************** Shallow Concentrated Flow Description surface Unpaved Flow Length 537.9154 ft watercourse Slope 0.1257 ft/ft Velocity 5.7204 fps Computed shallow flow time > 0.0261 hrs *****************.•** Total Time of Travel ...> 0.0261 hrs ********************* Composite Runoff Curve Number Calculator Description Area (ac) Curve Number Page 1 Total Area PR -3 25YR 0.1780 85 0.2066 98 2.2654 80 2.6500 82 Page 2 weighted CN PR -3 100YR TR -55 Tabular Hydrograph Method Input Summary Description PR -3 Rainfall Distribution Type II Ia/P Interpolation on Total Area 2.6500 ac Peak Time 12.2000 hrs Peak Flow 2.8506 cfs Given Input Data: subarea D/s subareas Area CN Tc Tt Rainfall Description (ac) (hrs) (hrs) (in) PR -3 Support Data: Subarea Name: PR -3, Row: 1 Sheet Flow 2.6500 82 0.1967 0.0261 2.4000 Description manni ng ` s n 0.1300 Flow Length 166.6378 ft Two Yr, 24 hr Rainfall 1.0000 in Land slope 0.1600 ft/ft Computed sheet flow time > 0.1706 hrs Shallow Concentrated Flow Description Surface . Unpaved Flow Length . 537.9154 ft watercourse Slope 0.1257 ft/ft Velocity 5.7204 fps computed shallow flow time > 0.0261 hrs *************************** Total Time of Concentration > 0.1967 hrs **************************** shallow concentrated Flow Description Surface unpaved Flow Length 537.9154 ft watercourse slope 0.1257 ft/ft velocity 5.7204 fps computed shallow flow time > 0.0261 hrs ******* ************ Total Time of Travel > 0.0261 hrs Composite Runoff Curve Number Calculator Description Area (ac) curve Number Page 1 Total area PR -3 100YR 0.1780 85 0.2066 98 2.2654 80 2.6500 82 r Page 2 weighted CN BEATTIE WILDLIFE CONSULTING, INC. re'r mdow Kirk H. Beattie, Ph.D. 1546 B. 12th Street Rifle, CO 81650 e-maill:beattie4@rnindspring.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 81 650 November 2003 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page I TABLE OF CONTENTS Page 1 INTRODUCTION 1 DESCRIPTION OF AREA 3 DESCRIPTION OF DEVELOPMENT 4 WILDLIFE FIELD SURVEY 5 METHODOLOGY FOR WILDLIFE INVENTORY, ANALYSIS AND EVALUATION 5 WILDLIFE INFORMATION FROM NDISIGAP 7 Amphibians 9 Reptiles 11 Mammals 19 Birds 23 THREATENED AND ENDANGERED SPECIES 23 DOGS AND PET CONTROL 25 FENCES 25 GARBAGE, TRASH, AND COMPOST CONTAINERS 26 ADDITIONAL RESTRICTIONS/REQUIREMENTS 26 Indemnification 26 Disposal of Animal. Carcasses 26 Skunk and Raccoon Denning Areas 27 Enforcement of Provisions by HOA 29 SUMMARY OF WILDLIFE IMPACTS Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page ii TABLE OF CONTENTS (continued) Page 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 1 1 1 1 1 1 1 1Nildlife Report for the Proposed Mamm 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. F7 Historical distribution of the Great Basin spadefoot in Colorado (Hammerson 1986:23). Black circles represent known occurrences of the Great Basin spadefoot. F8 Gap Analysis Project modeled habitat for the longnose leopard lizard in Colorado. 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 1 1 1 1 1 1 1 1 1 1 1 1 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: 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. (1994:81). F22 NDIS mapped elk winter range on the proposed Mamm Creek Commons. F23 NDIS mapped severe elk winter range on the proposed Mamm Creek Commons.. F24 NDIS mapped mule deer winter concentration area on the proposed Mamm Creek Commons. F25 NDIS mapped severe mule deer winter range on the proposed Mamm Creek Commons. F26 Gap Analysis Project modeled habitat for the gray fox in Colorado. 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). Beattie Wildlife Consulting, inc. November, 2003 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons _ Page vi LIST OF FIGURES (continued) Page F30 Colorado Division of Wildlife lynx potential habitat map. Source: www.ndis.nrel.colostate.edulexcopfimagesfmapsflynx.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 populations. Source: Fitzgerald et al. (1994:363). 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page vil 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 myotic 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. F51 Distribution of the blue grouse in Colorado. Source: Andrews and Righter (1992:348), 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 in Colorado. F55 Historical and current distribution of the sharp -tailed grouse in Colorado. 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 (Andrews and Righter 1992:79). F58 Distribution of the long -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 Colorado. F60 Records of occurrence of the Mexican spotted owl in Colorado. Source: Andrews and Righter (1992:178). Beattie 'Wildlife Consulting, Inc. November, 2003 1 Wildlife Report for the Proposed Mamm Creek Commons Page viii 1 LIST OF FIGURES (continued) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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. Sills 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 Ronnie, Wilrilifia I-'nnerrltinn in, Alrrhfnmhar 94111'7 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 lacks a shrub Iayer. 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 (O'-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 Tying west of CR 319, and adjacent to three juniper woodlands located east of CR 319 (Fig. 2). A rnajority 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 Pno!!in WilrtilIifn rnnsrritinrr Ins" hintiornhor ?fill: Wildlife Report for the Proposed Mamm Creek Commons Page 3 land cover type. These areas contain little vegetation diversity. Dominant species include big sagebrush, cheatgrass, greasewood, yellow alyssum, and saltbush. 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 lots 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 ft` 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. Rantfio r nrerrrit;nn frit A1nuromhor 7!1!] ] Wildlife Report for the Proposed Mamm Creek Commons Page 4 WILDLIFE FIELD SURVEY 1 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 1 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 morning, 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. Rnnftio f nncrilfinn Ir - hlrwtfomhwor 911fl? Wildlife Report for the Proposed Mamm Creek Comma s 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 Page7 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(ndiis.nrel.colostate.edulndisfcountyab Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page 8 Ispeciesinameigov_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 large rocks (Hammerson 1986:30). Although NDIS 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 Batrachochytriurn 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 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 Wildlife Report for the Proposed Mamm Creek Commons Page 10 the CNHS as imperiled or rare (Table 2). I 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 Mamm 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 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 Wildlife Report for the Proposed Mamrn 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 Marnm 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 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 Tess than one acre in size. Sufficient habitat will exist outside of building envelopes for shrews that will be displaced by development. ND1S 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 not 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 WildlifeConsulting, inc. November, 2003 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 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 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. ND1S 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). I 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 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 NDS as overall elk range, as winter range, and as severe winter range. The area is not mapped as a migration corridor, summer concentration area, or winter concentration area. I 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 Pa e 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 Wildlife Report for the Proposed Mamma Creek Commons Page 19 Birds NDIS identified the known or likely occurrence in Garfield County of 268 species of birds (Table 4). I 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 Mamrn 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 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. 1 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 Tong -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 long -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 Pape 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, l 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. I 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 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, I 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. I 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 Wildlife Report for the Proposed Mamm Creek Commons Page 24 Garfield County that limit dogs to one per household. Dogs are an important part of life for many people and l 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 Wildlife Report for the Proposed Mamm Creek Commons Page 25 I. 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 lots. 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 mariner 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 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 anima! 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 Wildlife Report for the Proposed Mamm Creek Commons Page 29 then the Sate 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 low 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 low 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 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-Eibesfe&dt 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 Report for the Proposed Mamm Creek Commons Page 31 species will relocate to undeveloped areas of the development. Development of the Mamm Creek Commons will not result in the loss 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 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 Toss 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 IVlarnm 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. Yarmoioy, 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 1 1 1 1 1 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 leopard frog Rana pipiens X Red -spotted toad Bufo punctatus Tiger salamander Ambystoma tigrinum Western chorus Frog Pseudacris triseriata Woodhouse's toad Bufo woodhousii Beattie Wildlife Consulting, Inc. November, 2003 i♦ NM lI I II NMI IM— wie Report for the Proposed Mamm Creek Commons N UM — NM ilsiageoli4•M 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. Common Name Scientific Name Federal Threatened or Endangered State Threatened or Endangered State Species of Special Concern Status' Collared lizard Crotaphytus collaris Eastern fence lizard Sceloporus undulates Gopher snake Pituophis catenifer - Longnose leopard lizard Gambelia wislizenii X 51 _ Midget faded rattlesnake _ Crotalus viridis concolor X 53 Milk snake Lampropeltis triangulum _ Night snake Hypsiglena forquata 53 Plateau striped whiptail Cnemidophorus velox 52 Racer _ Gabber constrictor Rat snake Elaphe cguttata Sceloporus graciosus 53 Sagebrush lizard Short -horned lizard Phrynosoma hemandezi Side -blotched lizard Ufa stansburiana - Smooth green snake Liochlorophis vernalis Southwestern blackhead snake Tantilla hobartsmifhi X 52 C2 Striped whipsnake Masticophis taeniatus Beattie Wildlife Consulting, Inc. November, 2003 IMMI 1 — 1 MB M MIN MMI — I— • Wit Report for the Proposed Mamm Creek Commons � aq ir 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 (continued). Common Name ' Scientific Name Federal Threatened or Endangered State Threatened or Endangered State Species of Special Concern Status' 54 Tree lizard Urosaurus ornatus Western rattlesnake Crotalus viridis _ Western terrestrial garter snake Thamnophis elegans Western whiptail Cnemidophorus tigris 02 = Listed by U.S. Fish and Wildlife Service as a Category 2 candidate in review. Si = Listed by the Colorado Natural Heritage Program as state critically imperiled. S2 = Listed by the Colorado Natural Heritage Program as state imperiled. S3 = Listed by the Colorado Natural Heritage Program as state rare. S4 = Listed by the Colorado Natural Heritage Program as apparently secure. Beattie ildlife Consulting, Inc. November, 2003 MN I! I• IN — Ili — — — — I — — MN ! IERDagelge Mee Report for the Proposed Mamrn Creek Commons 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. Common Name Scientific Name Federal Threatened or Endangered State Threatened or Endangered State Species of Special Concern Status' American badger Taxidea taxes American beaver Castor canadensis American elk Cervus e/aphus American marten Martes americana American pika Ochotona princeps Big brown bat Eptesicus fuscus Big free -tailed bat Nyctinomops macrotis Si Bighorn sheep Ovis canadensis - Black bear Ursus americanus Black -tailed jackrabbit Lepus califarnicus - Bobcat Lynx rufus Botta's pocket gopher Thomomys bottae Si Brazilian free -tailed bat Tadarida brasiliensis 53 Bushy -tailed woodrat Neotoma cinerea - California myotis Myotis californicus Canyon mouse Peromyscus crinitus Common muskrat Undatra zibethicus Common porcupine Erethizon dorsatum - Coyote Canis latrans Deer mouse Peromyscus maniculatus _ _ Desert cottontail Sylvilagus audubonii - Desert shrew Notiosorex crawfordi S3 Dwarf shrew Sorex nanus S2 Beattie Wildlife Consulting, Inc. November, 2003 NEI r r r r r r r r r r r r Ir Mee Report for the Proposed Mamm Creek Commons 111) aimpaq1111111 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 (continued). Common Name Scientific Name Federal Threatened or Endangered State Threatened or Endangered State Species of Special Concern Status' Ermine Mustela erminea _ Fringed myotis Myotis thysanodes S3 Golden -mantled ground squirrel Spermophilus lateralis S2 Gray fox Urocyon cinereoargenteus - Hoary bat Lasiurus cinereus Hopi chipmunk - - 1 Tamias rufus - S5 House mouse Mus musculus Kit fox Vulpes rnacrotis Endangered 51 Least chipmunk Tamias minimus S2 Little brown mvotis Myotis lucifugus - - Long-eared myotis Myotis evotis Long-legged myotis Myotis volans - Long-tailed Vole _ Microtus longicaudus - Long-tailed weasel Mustela frenata Lynx Lynx canadensis Threatened Endangered S1 Masked shrew Sorex cinereus Meadow vole Microtus pennsylvanicus Mink Mustela vison Beattie Wildlife Consulting, Inc. November, 2003 EM MN — M R IBM r NM M ME M NM NM i —untjar Wi Report for the Proposed Mamm Creek Commonsag • 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 (continued). Common Name Scientific Name Federal Threatened or Endangered State Threatened or Endangered State Species of Special Concern Status' Montane shrew Sorex monticolus Montane vole Microtus montanus Moose Alces alces Mountain cottontail Sylvilagus nuttallii Mountain lion _ Fells concolor Mule deer Odocoileus hemionus Northern pocket gopher Thomomys talpoides S2 Northern river otter Lutra Canadensis Threatened _ Ord's kangaroo rat Dipodomys ordii S3 Pallid bat Antrozous pallidus_ Tamiasciurus hudsonicus Pine squirrel Pinyon mouse Peromyscus truei Plains pocket mouse Perognathus flavescens S3 - Preble's shrew Sorex prebfei Si Pronghorn Antilocapra americana , - Raccoon Prycyon lotor Red fox 1 Vulpes vulpes Ringtail Bassariscus astutus Silver -haired bat Lasionycteris noctivagans Snowshoe hare Lepus americanus Southern red -back vole Clethrionomys gapperi Beattie Wildlife Consulting, Inc. November, 2003 l� +�Mi—INE N Mi— Wee Report for the Proposed Mamm Creek Commons i IIIE M MIN = milpagriP 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 (continued). Common Name Scientific Name Federal Threatened or Endangered State Threatened or Endangered. State Species of Special Concern Status' Spotted bat _ Euderma maculatum X S2 Striped skunk Mephitis mephitis Thirteen -lined ground squirrel Spermophilus tridecemlineatus S3 Townsend's big -eared bat Plecotus townsendii pallascens _ X S2 Western harvest mouse Reithrodontomys megalotis megalotis X S2 Unita chipmunk Tamias umbrinus Water shrew Sorex palustris Western jumping mouse Zapus princeps Western pipistrelle Pipistrellus hesperus - - - Western small -footed myotis Myotis ciliolabrum Western spotted skunk Spilogale gracilis White-tailed antelope squirrel _ Ammospermophilus leucurus X 52 White-tailed deer Odocoileus virginianus White-tailed jackrabbit Lepus townsendii - - - - - Beattie Wildlife Consulting, Inc. November, 2003 OM UM NM ReportWee ihe PM sed -mm reek Commons MN IMO-11111*auelliPI MIN 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 (continued). Common Name White-tailed dog prairie Wyoming ground squirrel Yellow -bellied marmot Yuma myotis Scientific Name Cynomys leucurus Spermophilus elegans Marmota flaviventris s yumanensis Federal Threatened or Endangered State Threatened or Endangered State Species of Special Concern Status S4 X -S3 C2 1 C2 -- -- Listed by the U.S. Fish and Wildlife Service as a candidate. S1 -- Listed by the Colorado Natural Heritage Program as state critically imperiled. S2 -- Listed by the Colorado Natural Heritage Program as state imperiled. 53 — Listed by the Colorado Natural Heritage Program as state rare. 54 = Listed by the Colorado Natural Heritage Program as apparently secure. Beattie wildlife Consulting, Inc. November, 2003 NIM -11=1 1=1— Wee Report for the Proposed Mamm Creek Commons 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. Common Name Scientific Name Federal Threatened or Endangered State Threatened or Endangered State Species of Special Concern Status' American avocet Recurvirostra americana _ American coot Fulica americana American crow Corvus brachyrhyncnos American dipper Cinclus mexicanus American golden plover Pluvialis dominica American goldfinch Carduelis tristis American kestrel Falco sparverius _ American peregrine falcon Falco peregrinus anatum _ X S2B American pipit Anthus rubescens American redstart Setophaga _ _ S I B American robin migratorius American tree sparrow _Turdus Spizella arborea _ American white pelican Pelecanus erythrorhynchos X SIB American wigeon Anas americana Ash -throated flycatcher Myiarchus cinerascens Baird's sandpiper Calidris bairdii Bald eagle Hafiaeetus leucocephalus Threatened Threatened S1 B Band -tailed pigeon Columba fasciata Bank swallow Riparia riparia Barn owl Tyto alba Barn swallow Hirundo rustica Beattie Wildlife Consulting, Inc. November, 2003 l♦ — ME Mt IIIIM MN MI MN e Res ort for the Pro *osed Mamm Creek Commons I= MI 1 = MEI,a• 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 (continued). Common Name Scientific Name Federal Threatened or Endangered State Threatened or Endangered State Species of Special Concern X Status' S2B Barrow's goldeneye Bucephala islandica Belted kingfisher Ceryle alcyon - Bewick's wren Thryomanes bewickii Black phoebe _ Sayornis nigricans Black rosy finch Leucosticte atrata Black swift _ Cypseloides niger _ S3B Black tern Chlidonias niger Black -bellied plover Pluvialis squatarola Black -billed magpie Pica pica Black -capped chickadee Poecile atricapillus , Black -chinned hummingbird Archilochus alexandri Black -crowned night heron Nycticorax nycticorax S3B Black -headed grosbeak Pheucticus melanocephalus Black -necked stilt Himantopus rexicanus S3B Black -throated gray warbler Dendroica _ Black -throated sparrow Amphispiza bilenata S3B Blue grosbeak Guiraca caerulea Blue grouse Dendragapus obscures Blue -gray gnatcatcher Polioptila caerulea Blue -winged teal Anas discors Beattie Wildlife Consulting, Inc. November, 2003 MN INN MIN I= 11=1 MI l~ MN NIN IN NM MN Wee Report for the Proposed Mamm Creek Commons a�i� 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 (continued). Common Name Scientific Name Federal Threatened or Endangered State Threatened or Endangered State Species of Special Concern Status' Bobolink Dolichonyx - - S3B Bohemian waxwing Bombycilla garrulous Bonaparte's gull Larus philadelphia Boreal owl - Aegolius funereus S2 Brewer's sparrow Spizella brewer! - Broad -tailed hummingbird Selasphorus platycercus Brown creeper Certhia Americana Brown -capped rosy finch Leucosticte australis S3B Brown -headed cowbird Molothrus ater Bufflehead Bucephala albeola 51B Bullock's oriole icterus bullockii Bushtit Psaltriparus minimus California gull Larus californicus - Calliope hummingbird Stellula calliope Canada goose Branta canadensis Canvasback Aythya valisineria SB Canyon wren Catherpes mexicanus Cassin's finch Carpodacus cassinii Cattle egret Bubulcus ibis Cedar waxwing Bombycilla cedrorum Chipping sparrow Spizella passerine Chukar Alectoris chukar Beattie Wildlife Consulting, Inc. November, 2003 N 11=NM iME im Wee Report for the Proposed Mamm Creek Commons• asp 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 (continued). Common Name Scientific Name Federal Threatened or Endangered State Threatened or Endangered State Species of Special Concern Status' Cinnamon teal Anas cyanoptera _ Columbian sharp -tailed Grouse Tympanuchus phasianellus colurmbianus S2 Clark's grebe Aechm phorus clarkia Clark's nutcracker Nucifraga Columbiana Clay -colored sparrow Spizella pallida Cliff swallow Petrochelidon pyrrhonota Common goldeneye Eucephala clangula Common grackle - Quiscalus quiscula Common loon Gavia immer Common merganser Mergus merganser Common nighthawk Chordeiles minor Common poorwill Phalaenoptilus nuttallii Common raven Corvus corax Common redpoll Carduelis flammea Common snipe Gallinago gailinago Common yellowthroat Geothlypis trichas Cooper's hawk Accipiter cooperii Cordilleran flycatcher , Empidonax occidentalis Dark -eyed junco Junco hyemalis Double -crested Phalacrocorax auritus cormorant Downy woodpecker Picoides pubescens Dusky flycatcher Empidonax oberholseri Beattie Wildlife Consulting, Inc. November, 2003 NM — MO Mil I 1 — I — IN OM I ME NM a drm Re, . rt for the Pro s • sed Mamm Creek Commons 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 (continued). Common Name Scientific Name Federal Threatened or Endangered State Threatened or Endangered State Species of Special Concern Status' - Eared grebe Podiceps nigricollis - - S3B Eastern kingbird Tyrannus tyrannus European starling Sturnus vulgaris Evening grosbeack Coccothraustes vespertinus - - Ferruginous hawk Buteo regalis X S3B Field sparrow Spizella pusilla S1 B Flarnmulated owl Otus flammeolus Forester's tern Sterna forsteri S2B Fox sparrow Passerella lliaca Franklin's gull Larus pipixcan Gadwall Anas strepera - Gambel's quail Callipepla gambelii _ Golden eagle Aquila chrysaetos Golden -crowned kinglet Regulus satrapy - Gray catbird Dumetella carolinensis Gray flycatcher Empidonax wrightii Gray jay Perisoreus Canadensis Gray vireo Viroe vicinior S2B Gray -crowned rosy finch Leucosticte tephrocotis Great blue heron Ardea herodias S3B Great egret Ardea albus S I B Great -horned owl - Bubo virginianus - - Beattie Wildlife Consulting, Inc. November, 2003 MI MIN w'.e Report for the ropose amm reels Cnm ons IMO MN M = MI 1111111bagM1r 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 (continued). Common Name Scientific Name Federal Threatened or Endangered State Threatened or Endangered State Species of Special Concern Status' Greater sandhill crane Grus canadensis tabida X 52B Greater white -fronted goose - Anser albifrons - Greater yellowlegs Tringa melanoleuca Green heron Butorides virescens S3B Green -tailed towhee Pipilo chlorurus - Green -winged teal Anas crecca Hairy woodpecker - Picoides villosus Hammond's flycatcher Empidonax hammondii _ Harris' sparrow Zonotrichia querula Hepatic tanager _ Piranga flava - S 1 B Hermit thrush Catharus guttatus Herring gull Larus argentatus Lophodytes cucullatus - Hooded merganser Horned grebe - Podiceps auritus - Horned lark Eremophila alpestris House finch Carpodacus mexicanus House sparrow Passer domesticus House wren Troglodytes eedon Indi*o buntin. Passerine c area Juniper titmouse Baeolophus griseus Killdeer Charadrius vociferous _ Lapland longspur Calcarius lapponicus Beattie Wildlife Consulting, Inc. November, 2003 IMIpaA Wee Report for the Proposed Mamm Creek Commonsdr • 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 (continued). Common Name Scientific Name Federal Threatened or Endangered State Threatened or Endangered State Species of Special Concern Status' Lark bunting Calamospiza melanocorys Lark sparrow Chondestes grammacus Lazuli bunting Passerine amoena Least sandpiper Calidris minutilla Lesser goldfinch Carduelis psaltria Lesser scaup Aythya affinis - Lesser yellowlegs Tringa flavipes -- Lewis' woodpecker Melanerpes - - - Lincoln's sparrow Melospiza Iiincolnii Loggerhead shrike Lanius ludo vicianus Long -billed curlew Numenius americanus - - X S2B Long -billed dowitcher Limnodromus scolopaceus Long-eared owl Asio otos MacGillivray's warbler Oporornis tolmiei - Mallard Anas platyrhynchos Marbled godwit Limosa fedoa Marsh wren Cistothorus palustris S38 Merlin Falco colurnbarius Merriam's wild turkey Meleagris gallopavo merriami Beattie Wildlife Consulting, Inc. November, 2003 We Report for the Proposed Mamrn Creek Commons i mkarlia 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 (continued). Common Name Scientific Name Federal Threatened or Endangered State Threatened or Endangered State Species of Special Concern Status' Mexican spotted owl Strix occidentalis lucida Threatened Threatened S1 B - - Mountain bluebird Sialia currucoides Mountain chickadee Poecile gambeli _ Mountain plover Charadrius montanus X 52B C Mourning dove Zenaida macroura Northern flicker Colaptes auratus Northern goshawk Accipifer gentilis - S3B C Northern harrier Circus cyaneus S3B Northern mockingbird Mimus polyglottos Northern pintail Anas acuta - - - - Northern pygmy owl Glaucidium gnoma Northern rough -winged swallow Stelgidopteryx serripennis Northern saw -whet owl Aegolius acadicus Northern shoveler Anas clypeata Northern shrike Lanius excubitor Northern waterthrush Seiurus noveboracensis Oldsquaw Clangula hyemalis Olive -sided flycatcher Contopus cooperi Orange -crowned warbler Vermivora celata Osprey Pandion haliaetus 83B Pacific loon Gavia pacifica Pectoral sandpiper Calidris melanotos Beattie Wildlife Consulting, Inc. November, 2003 - W e Report for the Proposed Mamm Creek Commons i UM M wifaaliP 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 (continued). Common Name Scientific Name Federal Threatened or Endangered State Threatened or Endangered State Species of Special Concern - Status' Pie -billed grebe Podilymbus podiceps Pine grosbeak Pinicola enucleator Pine siskin Carduelis pinus Pinyon jay Gymnorhinus cyanocephalus _ Plains sharp -tailed grouse Tympanuchus phasianellus jamesii Endangered S1 Plumbeous vireo Vireo plumbeus - Prairie falcon Falco mexicanus Purple martin Progne subis S3B Pygmy nuthatch Sitta pygmaea Red crossbill Loxia curvirostra Red -breasted merganser Mergus senator -_ Red -breasted nuthatch Sitta canadensis Redhead Aythya americana Red-headed woodpecker Melanerpes erythrocephalus S3B Red-naped sapsucker Sphyrapicus nuchalis - Red -necked phalarope Phalaropus lobafus Red-tailed hawk Buteo jamaicensis Red -winged blackbird Agelaius phoeniceus Ring -billed gull Larus delawarensis Ring-necked duck Aythya collaris Ring-necked pheasant Phasianus colchicus Beattie Wildlife Consulting, inc. November, 2003 INE � � W Report for the oses Rnamm i. eek Commonsa N1 E r I• IM3aaiini 40111 I 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 (continued). Common Name Scientific Name Federal Threatened or Endangered State Threatened or Endangered State Species of Special Concern Status' Rock dove Columba livia Rock wren Salpinctes obsoletus Rose -breasted grosbeack Pheucticus ludovlclanus Rough -legged hawk Buteo lagopus Ruby -crowned kinglet Regulus calendula Ruddy duck Oxyura jamaicensis Rufous hummingbird Selasphorus rufus Sabine's gull Xema Sabin! Sage grouse Centrocercus urophasianus urophasianus _ X C Sage sparrow Amphispiza bell! S3B Sage thrasher Oreoscoptes montanus Sandhill crane Grus Canadensis Savannah sparrow Passerculus sandwichensis Say's phoebe Sayornis saya Scott's oriole Icterus parisorum SI B Semlpalmated plover Charadrius semipalmatus Sharp -shinned hawk Accipiter striatus Sharp -tailed grouse Tympanuchus phasianellus ,Battle Wildlife Consulting, Inc. November, 2003 I~ II= Ili Ir liter �■ Wi Report for the Proposed Mamm Creek Commons ag 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 (continued). Common Name Scientific Name Federal Threatened or Endangered State Threatened or Endangered State Species of Special Concern Status' Snowy egret Egretta thula _ S2B Solitary sandpiper Tringa solitaria Song sparrow Melospiza melodia Sora Porzana carolina Southwestern willow flycatcher Empidonax trailii extimus Endangered Endangered Spotted sandpiper Actitis macularia Spotted towhee - Pipilo maculates Cyanocitta stelleri Steller's jay Stift sandpiper - Calidris himantopus Buteo wainsoni Swainson's hawk Swainson's thrush Catharus ustulatus Three -toed woodpecker Picoides tridactylus Townsend's solitaire Myadestes townsendi Tree swallow Tachycineta bicolor Tundra swan - Cygnus columbgianus Turkey vulture Cathartes aura Veery Catharus fuscescens Vesper sparrow Pooecetes gramineus - - Violet -green swallow ' Tachycineta thala_ ssin_ a Virginia rail Rallus limicola Virginia's warbler Vermivora virginiae Beattie Wildlife Consulting, Inc. November, 2003 — I M i M O M M M E MI = i NM Mil Mk pp 41E11 W e Re ort for the Pro•osed Mamm Creek Commons 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 (continued). Common Name Scientific Name Federal Threatened or Endangered State Threatened or Endangered State Species of Special Concern Status' Warbling vireo Vireo gilvus Western bluebird Sialia mexicana Western burrowing owl Athene cunicularia hypugaea Threatened C Western grebe Aechmophorus occidentalis Western kingbird Tyrannus verticalis Western meadowlark ' Sfurnella neglecfa Western sandpiper - Calidris mauri Western screech -owl Otos kennicottii Western scrub jay Aphelocoma californica Western tanager Piranga ludoviciana Western wood pewee Contopus sordidulus Whimbrel Numenius phaeopus White -breasted nuthatch Sitta carolinensis White -crowned sparrow Zonotrichia leucophrys White-faced ibis - Plegadis chihi S2B 0 White -romped sandpiper Calidris fuscicollis White-tailed ptarmigan Lagopus leucrus altiipefens White -throated sparrow Zonotrichia albicollis White -throated swift Aeronautes saxatalis Beattie Wildlife Consulting, Inc. November, 2003 MMI NM - - - - - M Wile Report for the Proposed Mamm Creek Commons i E M MN MI 1.11 mipaqINJEfl 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 (continued). Common Name Scientific Name Federal Threatened or Endangered State Threatened or Endangered State Species of Special Concern Status' White -winged crossbill Loxia leucoptera S1B White -winged scoter Melanitta fusca Whooping crane Grus americana Endangered Endangered Willet Catoptrophorus semipalmatus inornatus S1B Williamson's sapsucker Sphyrapicus thyroideas Wilson's phalarope Phalaropus tricolor S4B Wilson's warbler Wilsonia pusilla Wood duck Aix sponse Wood thrush Hylocichla mustelina Yellow warbler Dendroica petechia Yellow -billed cuckoo Coccyzus americanus - C Yellow -breasted chat lcteria virens Yellow -headed blackbird Xanthocephalus santhocephalus Yellow-rumped warbler Dendroica coronata ' C -- Listed by the J.S. Fish and Wildlife Service as a Candidate species. S1B -- Species listed by the Colorado Natural Heritage Program as state critically imperiled during the breeding season. S2B -- Species listed by the Colorado Natural Heritage Program as state imperiled during the breeding season. S3B -- Species listed by the Colorado Natural Heritage Program as state rare or threatened during the breeding season. Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Wildlife Report for the Proposed Mamrn Creek Commons Page 54 Table 5. Colorado listing of endangered, threatened and wildlife species of special concern. Common Name Scientific Name Status' Fish Bonytail Gilaelegans FE, SE Razorback sucker Xyrauchen texanus FE, SE Humpback chub Gila cypa FE, ST Colorado pikeminnow Ptychocheilus lucius FE, ST Greenback cutthroat trout Oncorhycnhus clarki sotmias FT, ST Rio Grande sucker Catostomus plebeius SE Lake chub Couesius plumbeus SE Plains minnow Hybognathus placitius SE Suckermouth minnow Phenacobius mirabilis SE Northern redbelly dace Phoxinus eos SE Southern redbelly dace Phoxinus erythrogaster SE Brassy minnow - - - Hybpgnathus hankinsoni ST Common shiner Luxilus cornutus ST Arkansas darter Etheostoma cragini ST Mountain sucker Catostomus platrhynchus SC Plains orangethroat darter Etheostoma spectible SC Iowa darter Etheostoma exile SC Rio Grande chub Gila pandora SC Colorado roundtail chub Gila robusta SC Stonecat Noturus flavus SC Colorado River cutthroat trout Oncorhynchus clarki pleurificus SC Rio Grande cutthroat trout Oncorhynchus clarki virginal's SC Flathead chub Platygobio gracilus SC Amphibians - Boreal toad Bufo boreas boreas SE Northern cricket frog - Acris crepitans SC Great Plains narrowmouth toad Gastrophryne olivacea SC Northern leopard frog - - Rana pipiens SC Plains leopard frog Rana blairi SC Couch's spadefoot Scaphiopus courchii SC Wood frog Rana sylvatica SC Beattie Wildlife Consulting, Inc. November, 2003 1 Wildlife Report for the Proposed Mamm Creek Commons Page 55 1 Table 5. Colorado listing of endangered, threatened and wildlife species of special 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 1 concern (continued). Common Name Scientific Name Status Reptiles Midget faded rattlesnake Crotalus viridis concolor SC Longnose leopard lizard Gambelia wislizenii SC Yellow mud turtle Kinostemon flavenscens SC Common 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 SC Whooping crane Grus americana tabida FE, SE Least tem 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 leucocephalus FT, ST Mexican spotted owl Strix occidentalis lucida FT, ST Western burrowing owl Athene cunicularia _ ST Greater sandhill crane Grus canadensis SC Lesser prairie chicken Tympanuchus pallidicinctus ST Ferruginous hawk Buteo regalis SC Gunnison's sage grouse Centrocercus urophasianus subspp. SC Greater sage grouse Centrocercus urophasianus subspp. SC Western snowy plover Charadrius alexandrines SC Mountain plover _ Chardrius montane - 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 1 Wildlife Report for the Proposed Mamm Creek Commons Pape 56 1 Table 5. Colorado listing of endangered, threatened and wildlife species of special 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 concern (continued). Common Name Scientific Name Status Mammals Gray wolf _ Canis lupus FE, SE Black -footed ferret Mustela nigripes FE, SE Grizzly bear _ Ursus arctos FT, SE Preble's meadow jumping mouse Zapus hudsonius preblei - FT, ST Lynx Lynx canadensis SE, FT Wolverine Gulo gulo luscus SE River otter Lutra canadensis ST Kit fox Vulpes macrotis SE Swift fox Vulpes velox - SC Black -tailed prairie dog Cynomys ludovicianus SC Townsend's big -eared bat Corynorhinus townsendii pallescens SC Botta's pocket gopher Thomomy bottae rubidus SC Norther pocket gopher Thomomys talpoides macrotis SC 1 FE = Federal endangered FT = Federal threatened SE = State endangered ST = State threatened SC = Species of state concern Beattie Wildlife Consulting, Inc. November, 2003 1 Wildlife Report for the Proposed Marnm Creek Commons Page 57 1 Table 6. Federal threatened and endangered species reported for Colorado. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Common Name Scientific Name Status Grizzly bear Ursus arctos Threatened Bonytail chub _ Gila elegans _ Endangered Humpback chub Gila cypha Endangered Whooping crane Grus americana _ Endangered Bald eagle _ Haliaeetus leucocephalus Threatened Black -footed ferret Mustela nigripes Endangered Southwestern willow flycatcher 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 Endan •Bred Clay -loving wild buckwheat Eriogonum pelinophilum Endangered _Penland alpine fen mustard Eutrema penlandii Threatened Dudley Bluffs 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 hookiiess cactus Sclerocactus glaucus Threatened Mesa Verde cactus Sclerocactus mease verdae Threatened Ute ladies' -tresses Sprianthes diluvialis Threatened Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Pa�F1 Figure 1. Vicinity map showing location of the proposed Mamm Creek Commons. Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamrn Creek Commons Pa a F2 Figure 2. Aerial photograph of the proposed Mamm Creek Commons. Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Pro osed Mamm Creek Commons _ Page F3 Figure 3. Gap Analysis Project modeled habitat for the boreal toad in Colorado. Beattie Wildlife Consulting, inc. November, 2003 Wildlife Report for the Pro used Mamm Creek Commons Pa a F4 MOFFAT . --.--7 • GWICK r LOQ �_---- WELD ! PHIWFS ER 1 Filo BLANCO LI GAFiFIELD 1 -J -- V • r MORGAN YUMA r r +�� -j WASHINGTON I • (LEANER r AAtAPAHOE EU3ERT +• •�crr CA I 1 ON DOUGLAS ! I LINCOLN --�-- -'--1 i ICHEYENNE . 1TELLiR� EL PASO r FR emoto CROWLEY r INONTROSE -- - --I _, (OURAY .. MIGUEL Er 1i DOLORES . - as SAG UAC HE MONTETUUA Lel PLATA I ARC r OUSTER 9 A « ' }{UERFAN47 . � A1J11�OSA � r A of �- • r+ t',fi JEX}S LAS ANIMA3 �. I�rq.�+ COSTiLLA; PUEBLO OTERO 1 BENT PROWERS GACA L Figure 4. 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. Beattie Wildlife Consulting, inc. November, 2003 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Common's _ Page F5 Figure 5. Gap Analysis Project modeled habitat for the northern leopard frog in Colorado. Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Pae F6 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 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 proposed 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Wildlife Report 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 Pa a F10 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 1 1 1 1 1 1 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 Wildlife Report for the Proposed Mamm Creek Commons Page F12 Figure 12. Historical distribution of the southwestern blackhead snake in Colorado (Hammerson 1986:104). Black circles represent known occurrences of the southwestern blackhead snake. Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Wildlife !ort for the Proposed Mamm Creek Commons Page F13 107 405 109 i FP 1001ii`f 60 100 /SO Noarq 107 Figure 13. 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Wildlife Report for the Proposed Marnm Creek Commons Page F14 I 103 103 40 J9 a0 7f! - 4__ 1r rmn -- 107 105 iDD 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 Manim 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 1 1 1 1 1 1 1 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page F16 Figure 16. Distribution of Botta's pocket gopher in Colorado (f). Source: Fitzgerald et al. (1994:203). Beattie Wildlife Consulting, Inc. November, 2003 107 105 103 fl , I 1--1 ----- 3. ..,,, 1 i0 irk Ifo KAMM.. 1 1 1 107 — 105 _ -- 109 Figure 16. Distribution of Botta's pocket gopher in Colorado (f). Source: Fitzgerald et al. (1994:203). Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page F17 Figure 17. Distribution of the Brazilian free -tailed bat in Colorado ( ). Source: Fitzgerald et al. (1994:127). Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page F18 Figure 18. Gap Analysis Project modeled habitat for the coyote in Colorado. Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page F19 Figure 19. Distribution of the coyote in Colorado (s ). Source: Fitzgerald et al. (1994:305). Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Pae F20 Figure 20. Distribution of the desert shrew in Colorado (S). Source: Fitzgerald et al. (1994:89). Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 1 1 1 1 1 1 Wildlife Re art for the Proposed Mamm Creek Commons Page F21 Figure 21. Distribution of the dwarf shrew in Colorado (v). Source: Fitzgerald et al. (1994:81). Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Marnrn Creek Commons Page F22 Figure 22. NDIS mapped elk winter range (40) on the proposed Mamm Creek Commons. Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page F23 Figure 23. NDIS mapped severe elk winter range Commons. Beattie Wildlife Consulting, n c. (n) on the proposed Mamm Creek November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page F24 =al Ma at WNW esou MN=LIM = ______ �r -_a, 'R"ma 1i Ma F ii OM 0M4m. mm r �1fAw aft•=rINtl•WiW ~MP ■ IA tii AN A4 1411MMP. MS —='-'mb- unk 4,rAdlil _ M—s . =rawin$— 4..44 Al• f� M 1W11$11t'/41!' IMMINIMUMOP u4■ ..ma, PIfAR�� a.�i 4111•11 MI MO. rAieX �1un.r1A4��- IIMM. -amainagambouLlo• anratires amarer1 ' AAP— ,mMA A MEC NEW 111,11 iN miNR' ►API �_� 44410 — aPP��AMM44�d1 f - - Of Asa JA.1PAR4 - A—as• �� — AN. ._,— r W P..iMilrW, 711A.n114M .44~wi4�.�' "A . - MIM 1PA - r r. ,. M.1... '.'a/Mit 41•41 %CIMI.MIMMIMr' ISA•" min 1•11 f i1..lMl44l1�lWAlm• a MEMMINI a••ARA•MR!` I N i! i llW l�A1r 1- AMr'#V.A4 A �A�a_____ — P��r�i 1rtlAMilko=f4+W! MNM4=Apww$ til$ a11.1A$p1AAA..1�1111in /_ _ "M WNW, if 4MMIES 11 �r- 411=1.1.1 ler INITErl WO. 1 —X11/-- Immft OM ti i Inn l�'! $� w �r1AR1111ieR C. . — � ,EAMe ✓1 IAId11yVi�� _ p — � � NEINWIMi 441-1111 4144444.:11 IMMI In= L. Affia, MOMmN611.J10e.. PARA! 4444/01 � rare _.1111 = �4r r..Frlr.lwr.►rir MMIOMPOM INA i — 4.E4 4eIM��`l1MIr. I10A4A11�'+L.l1 amt w.0e N NO1 ra rArrrlr r.►r wsw.�..IAAr I�sirr01M AMINE= .M.1 ,1Y NIO,NINI al= riar II=fl Or ONINNIN •w.r..1A 1=aA 44:4n -i a in 000•1 aMew IP iwt1� t. hlaiuraI COtives1�y.In1arrnatic n_Sourov_G 0.05 mk 41144444444 4411. Figure 24. NDiS mapped mule deer winter concentration area (M) on the proposed Mamm Creek Commons. Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page F25 Figure 25. NDIS mapped severe mule deer winter range Creek Commons,. Lpi '-1 on the proposed Mamm Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Pae F26 Figure 26. Gap Analysis Project modeled habitat for the gray fox in Colorado. Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Marnm Creek Commons Page F27 Figure 27. Distribution of the gray fox in Colorado (vs ). Source: Fitzgerald et al. (1994:316). Beattie Wildlife Consulting, Inc. November, 2003 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 Report for the Proposed Mamm Creek Commons Page F29 107 10s tat Figure 29. Distribution of the kit fox in Colorado (• ). Source: Fitzgerald et al. (1994:309). Beattie 'Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Marnm Creek Commons Pae F30 Figure 30. Colorado Division of Wildlife lynx potential habitat Cm ) map. Source: www.ndis.nrel.colostate.edu/excopfimagesimapsllynx.ipg. Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page F31 Figure 31. Historical distribution of the lynx ) in Colorado (Fitzgerald et al. 1994:370). Beattie Wildlife Consulting, Inc. November, 2003 r07 105 103 r 1 ter I -tea 1r Illikre !� I J ` A � 1_ 1 1 L...1 — — —_—{ _ I 1 1 e 707 105 107 Figure 31. Historical distribution of the lynx ) in Colorado (Fitzgerald et al. 1994:370). Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Eraposed Mamrn Creek Commons pa a F32 101 103 So 160 160luanww 3e 101 105 103 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page F34 Figure 34. Distribution of the mountain cottontail in Colorado (a). Source: Fitzgerald et al. (1974:145) Beattie Wildlife Consulting, Inc. November, 2003 107 r05 1. / 1 ........... . f ' , 9 _�1lg ^y Mg lin Wi.s. r77 ID., 103 Figure 34. Distribution of the mountain cottontail in Colorado (a). Source: Fitzgerald et al. (1974:145) Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Re +ort for the Pro • rased Mamm Creek. Commons Pa+e F35 I07 103 101 0 103 711 Figure 35. Distribution of the mountain lion in Colorado (ID). Source: Fitzgerald et al. (1974:368). Beattie Wildlife Consulting, inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page F36 50 ,D5 1 10 400 Wm ,c tip 7m IPA 3 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 40 ae 107 105 103 Figure 37. Distribution of the Ord's kangaroo rat in Colorado ((). 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 Wildlife Report for the Proposed Mamm Creek Commons Page F39 Figure 39. Distribution of the red fox in Colorado (ter). 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 1 1 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Page F41 Figure 41. Distribution of the snowshoe hare in Colorado MP). Source: Fitzgerald et al. (1994:148). Beattie Wildlife Consulting, Inc. November, 2003 507 105 103 -11 _34 IIV 1 _ --V Sp 1 , 99 VA AO IGiomplor• 107 105 103 Figure 41. Distribution of the snowshoe hare in Colorado MP). Source: Fitzgerald et al. (1994:148). Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Prgposed Mamm Creek Commons Page F42 Figure 42. Distribution of the spotted bat in Colorado (w ). Source: Fitzgerald et al. (1994:127). Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page P43 Figure 43. Gap Analysis Project modeled habitat for the swift fox in Colorado. 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 F44 1 Figure 44. Distribution of the swift fox in Colorado (). Source: Fitzgerald et al. 1 1 1 1 (1994:331). Beattie Wildlife Consulting, Inc. November, 2003 107 105 103 .Or' - 40 - ae- X38 t 1 F x 4a mow. u 00 I i10/011~y.. ' 1 1 1 1117 105 103 1 Figure 44. Distribution of the swift fox in Colorado (). Source: Fitzgerald et al. 1 1 1 1 (1994:331). Beattie Wildlife Consulting, Inc. November, 2003 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Wildlife Report for the Proposed Mamm Creek Commons Pa 2.15 30— 107 105 103 ' a so POO uw _38 1 iSI J_ 1 1 MI1 v - __.. _. l 4 —_. 1 - s0 -- — MO - - .$0 iePPo•dO.. ._ 1 —. 107 185 103 Figure 45. Distribution of Townsend's big -eared bat in Colorado (s ). Source: Fitzgerald et al. (1994:123). Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page F46 m ,os ,07 107 905 Figure 46. Distribution of the white-tailed antelope squirrel in Colorado (mi ). Source: Fitzgerald et al. (1994:170). Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page F47 Figure 47. Distribution of the Yuma myotic in Colorado (1994:109). t 1. Source: Fitzgerald et al. Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page F48 Winter Primary range Secondary range Summer • Confirmed breeding in summer ® 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 Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek. Commons Pape 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 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 Marrmm Creek Commons Page F53 r.M 1 � •r rr1 1 1 L • 0' 1j 1 iF! Icy T' r, u= 1 f.. • 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 Pace F54 Figure 54. Gap Analysis Project modeled habitat for the Columbian sharp -tailed grouse in Colorado (S). Beattie Wildlife Consulting, inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page F55 Historical Distribution Currant 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 F56 Figure 56. Gap Analysis Project modeled habitat for the ferruginous hawk in Colorado 4). Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page F57 MUgration R Winter Summar Figure 57. Migration, winter, and summer range (+I/ ) of the ferruginous hawk in Colorado (Andrews and Righter 1992:79). Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Pa e F58 Summer • • •ti c J ...i i S,i �•`ti I }--. • i,• .3�. ".•�- ` y -•••• `•ti -r r • • ,(r--•, Vf w i - L 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 Wildlife Re • ort for the Pro • osed Mamm Creek Commons Pa a F60 Figure 60. Records of occurrence of the Mexican spotted owl in Colorado (0). Source: Andrews and Righter (1992:178). Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page F61 Figure 61. Gap Analysis Project modeled habitat for the ring-necked pheasant in Colorado (M ). Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page F62 Figure 62. Distribution of the ring-necked pheasant in Colorado (9). Source: Andrews and Righter 1992:88). Beattie Wildlife Consulting, inc. November, 2003 Wildlife Report for the Pre osed Mamm Creek Commons Page F63 Summer Winter Migration Figure 63. Migration, winter, and summer range of the sandhill Crane in Colorado (Andrews and Righter 1992:104). Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamrn Creek Commons Paste F64 r �1. uri .`r urs ■p i- �`--w f1�N6G�ii r r ' ..i +.�._.• - Figure 64. Approximate range of the southwestern willow flycatcher in Colorado (CO. 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 Pa e F65 Figure 65. Gap Analysis Project modeled habitat for the western burrowing owl in Colorado 4). Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page F66 Summer Winter Figure 66. Summer and winter range of the western burrowing owl in Colorado (Andrews and Righter 1992:177). Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Proposed Mamm Creek Commons Page F67 MOFFAT UTTE • JAG1iSON l.AR7MER GRAND BOULD \ .0 CLEAR', T CREEK EAGLE ,r-•'1 PHILLfPS LMORGAN ..I yUMA � ADAMS I mR ARAPAHOE : ELBERT KIT LA DOUGS I 1 1 CARSON LINCOLN - '--7 CHEYENNE .cROWLEY: KIQWA LA MONT •SAN UtGUEL DCLORES• J SAN / JUAN AIONTEZUJL IIII 1 LA PLATA ARCHULETA. sAOUACHE 'MINERAL - (TEIL FREMoNT EL PASO CUSTE+i PUEBLO r . .. .T ! - OTERd ---/ � 1PfiOwERS^ HUEflFANO- w ►a,osA - 1' CL35TiLLA,I,-, - •' LA5 ANIMAS 1 ACA I CONEJCS Figure 67. Areas of fairly common migrational sightings of whooping cranes in Colorado (V). 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 F68 Figure 68. Gap Analysis Project modeled habitat for the wild turkey in Colorado (• ). Beattie Wildlife Consulting, Inc. November, 2003 Wildlife Report for the Pro•osed Mamm Creek Commons Pa +e F69 Figure 69. Distribution of the wild turkey in Colorado ( ). Source: Andrews and Righter 1992:64). Beattie Wildlife Consulting, inc• November, 2003