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HomeMy WebLinkAbout1.0 Application1 GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telep lone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com Exemption from the Definition of Subdivision GENERAL INFORMATION (To be completed by the applicant.) ➢ Street Address / General L cation of Property: /S3/ Cf /00 1.1 Hiles ea5i o n01/k .5/e/f-- 00 ➢ Legal Description of Parent Property: 6 aa4n4oi'' 0 C N6 > Size of Property (in acres) as of January 1, 1973: 71/741'06" 1 51. (, (See > Current Size of Property to be Subdivided (in acres): I/. qaC. )=. Number of Tracts / Lots Created Including remainder of Parent Property: 4 - Proposed Proposed size of Tracts / Lots to be Created Including remainder of Parent Property: o Lot #: I containing 4. 02 acres o Lot #: 2 containing 4. 0 acres o Lot #: containing 4" 6)5 acres 00.146(• o 1 o�C#` containing /Z.,. 6/ acres o Lot #: containing acres > Property's Zone District: 4 /:?17 ➢ Name of Property Owner (Applicant): R 0 i)0,6yoCo'(marl ➢ Address: /83'7,,//-�� R /00 Telephone: 1'63 2315 ➢ City:�iwb� idle, State: (b Zip Code:3623 FAX: ➢ Name of Owner's Representative, if any (Planner, A orney): 17W1 /t'irJia - -7-6i Mill 1 / k 1.16 ➢ Address:�402 4', uYY� Telep n e zit •0g32 ➢ City: 6lol WQ•i 4ryvstate: ca Zip Code:&II23 FAX:g4S •x833 STAFF USE ONLY ➢ Doc. No.: Date Submitted: TC Date: • • a plat of a conditionally approved exemption until all conditions of approval have been complied with. 9. The Applicant shall be required to submit a paper copy of the plat and proof that all the conditions of approval have been met to the Building and Planning Department at least twenty-one (21) days prior to the expiration of the 120 -day deadline required for signing the plat by the Board. This is to ensure timely Staff review of the materials submitted as well as proper scheduling the plat to be signed by the board. 10.Once all of the conditions, if any, have been satisfied, an Exemption Plat shall be presented to the Board for signature within 120 days of approval. The plat shall include a legal description of the exempted property, and Exemption Certificate, the County Surveyor's Certificate and a statement, if four (4) lots, parcels, or interest have been created on the parcel, that "NOTE: No further divisions by exemption from definition will be allowed." The plat shall be recorded with the County Clerk and Recorder no later than thirty (30) days after the Chairman's signature. The Chairman of the Board of County Commissio ers shall not sign a plat of a conditionally approved exemption until all conditions : approval have been complied with. ha e read he statements above and have provided the required attached information w. ich rrect and acCur to the best of my knowledge. (,4ca vvt s repraaviak0 c$ ( ignature ,•f a.plicant/owrier) Date Last Revised: 11/15/2002 6 GARFIELD COUNTY 9703943470 10/14/03 11:11am P. 004 r GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GAR.FIELD COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) agree as follows: 1. APP IC�}NT h• s 5 to COU TY n application for SUGI�►lV(54 601441 EA 1v cum o Off wi � x 0ij(hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the prossing of the PROJECT mentioned above. APPT ICANT acknowledges that all billing shall be paid prior to the nal consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. i APPLICANT {/161A4) tore -y`� Date: ZA O4 7714 Hanoi./ Print .Name 1VIailiug Addre s- Nffi Vu,` I &iv/coderY/' S CO (/bD rtSewlc,�i- Ve) FSR 1 no4 Coffman Ranch ■ Subdivision Exemption/North Parcel ■ Prepared by: TG Malloy Consulting, LLC 402 Park Drive Glenwood Springs, Colorado 81601 970.945.0832 Applicant: Rex A. & JoAnn Coffman 1837 County Road 100 Carbondale, Colorado 81623 Submitted to: Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 February 2004 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30 -28 -101(10)(a) -(d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984, the undersigned Rex and JoAnn Coffman respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of 141.88 acre tract of land into four tracts of approximately 4.0, 4.03, 4.0 and 129.88 acres, more or Less, from the definitions of "subdivision" and "subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (10)(a) -(d) and the Garfield County Subdivision Regulations for the reasons stated below: SUBMITTAL REQUIREMENTS: An application, which satisfied the review criteria, must be submitted with the following information: A. Sketch map at a minimum scale of 1 "=200' showing the legal description of the property, dimension and area of all lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities; and Response: Figure 1 is a reduced Site Plan showing the subject property with the proposed lots, access drive and easements for access and utilities. A full size map at the required scale was also provided with this application. The legal description for the property is provided in Attachment 1. B. Vicinity map at a minimum scale of 1 "=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used; and .,/ Response: Figure 2 is a vicinity map created utilizing the Carbondale USGS Quad. The subject property is located approximately 1.7 miles east of Carbondale on the sO tide of County Road 100. C. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant; and Response: The deed demonstrating the Coffman's ownership of the property is included as Attachment 2. D. Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees of mineral owners of record of the property to be exempted, and tenants of any structure proposed for conversion; and Response: Attachment 3 is a list of the adjacent property owners prepared from data maintained by the County Assessor's Office. Attachment 4 is a portion of the deed transferring ownership of the property from Albert J. and Orsala H Cerise to R.A. and Flo M. Coffman in 1958. This deed shows that the Cerises retained a 25 percent ownership on the Mineral Rights for the property. These rights have been retained by Leslie Cerise, heir to Albert and Orsala. Mr. Cerise's address is included on Attachment 3. E. Evidence of soil types and characteristics of each type; and N( Response: Attachment 5 contains excerpts from the USDA Resource Conservation Service Soil Survey for the Coffman Ranch/North Parcel 1 ■ Subdivision Exemption Application • February2004 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 Aspen, Gypsum area showing the subject property with the soil types identified. This attachment also includes the appropriate tables from the Soil Survey providing the characteristics of these soil types as they relate to residential development. F. Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval offire protection plan from appropriate fire district; and Response: See response to Review Criteria "D", below. G. If connection to a community or municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve; and i Response: N/A H. Narrative explaining why exemption is being requested; and y Response: The applicants are reaching retirement age and wish to liquidate some of their land holdings for estate purposes. 1. It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel, as it existed on January 1, 1973. Response: See response to Review Criteria "A" below. J. A $300.00 fee must be submitted with the application. Response: A check for this amount was included with this application. Rex A and JoAnn Coffman Petitioner 1837 County Road 100 Mailing Address Carbondale Colorado City 970-963-2375 State Telephone Number The Ap licant is being represen by Tim Malloy of TG Malloy Consulting, LLC. Attachment 6 is a letter from the C ffmans authorizi r. ,all. A represent them in this matter. Mr. Malloy's signature and business information are • Applicant's Representative TG Malloy Consulting 402 Park Drive Glenwood Springs, CO 81601 Coffman Ranch/North Parcel 2 ■ Subdivision Exemption Application • February2004 NEI 11111 I M 1 MN N NM I 111111 111111 M 11111 1 NB MN 1 111111 cO O y N t+ h n N no o • ba b� tb'NO w O r� '131 tbb ct-qUhCZb ry0. tDQ 4.1.--,11,- t-, -+T r i--,,,,,•-' acn ro tall 03 to tJa O ko DiU. vC 0 1 co N 632. 72 ' N 00°00'00" E CD r n 01 y 0 A CA N 00° E 396. 00' cn 1 5:1 O N A' O tor)O 0 H ttoot g6-1. `1. (D - Er ~' .A Q'0 @ �k H to F-•Nrtq x7 0 c rt, 0) 0 b t- o g.' n H W w `y CD clic' ° 0 LI lbbnl,.rt. o, a c*5b o LQ ,0 D. W hi 0 Q. (0 L1I pq-` a his b G $HO 12;g 0 <" . IIIi r; ii ,i, i 910aoll " ti4. � +KK 0 itl; V,'' a AY PH !il!' �i `XA ,S W t, 4tI iff 403 lb a, W bh tn4 O L1 m ro 01 to tot) 9 Zegeer S# puno3 TI ZZ 107 1,1100 a lwd 0.1 b � 4 epCD — z M co w t• 0. z (A N N r N 00°10'33" W 2187.84' 91 107 1/00 ,6£"Z09 w 0( co GOV'T LOT 12 ,,o tm o V, ti,° ,, o ,A N �a m G1 N N .tom On b X00 c° g,.. ,ES'L69 1J 107 1/00 (saaav TOTS') S 00°00'33" W 716.86 palm tpnos tzi b H GOV'T 0 O 8'6LE o— to 0E000 Sow HyM urr9oua3 bur;sr 3 „OZ,S6°00 S • tf-IoM ISI°1 00 00 Non -easement remainder: 91.81 ac. Phase I Easement Area: 38.00 ac. Parcel A (remainder parcel): 00 0 0 O W N �-• .A A A O to O N O O 0i 0 0 0' 400 9140 OO 0 0 0 0 C C N Co (D •�0 0 •�0 N N f6 -1 in lJ J � � 0 J O F W o N F+ Conceptual Site Plan Coffman Ranch/North Parcel/Subdivision Exemption Rex and Joann Coffman 1837 100 Road Carbondale, Colorado 81623 General Notes Ravisbn/lawn 01/20/2004 11/20/2003 00 N a © (e' Fi I Coffman Ranch/North Parcel ISubdivision Exemption Application Owner: Preparer: TG Malloy Consulting, LLC Rex & JoAnn Coffman 1837 100 Ruud I Carbondale, Colorado 81623 402 Park Drive Glenwood Springs, Colorado 81601 Ph: 945-0832 Fax: 945-0833 Su ec er y County Road 100 North Scale: 1"=2000" Source Carbondale USGS Quadrangle Mop, MapO 39107-D2-Tf-024. Contour Interval = 40 feet. Figure 2 REVIEW CRITERIA A. No more than a total offour (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973. In order to qualtb, for exemption, the parcel as it existed on January 1, 1973, must have been 35 acres or greater in size at the time and not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad), preventing joint use of the proposed tracts, and the division occurs along the public right-of-way, such parcels thereby created may, at the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable. For the purposes of definition, all tracts of land 35 acres or greater in size, created after January 1, 1973 will count as parcels of land created by exemption since January 1, 1973. Response: The subject property has been owned by the Applicants since 1965. The Coffmans acquired property on both sides of County Road 100 at that time. The legal description for the entire property, which includes land on both sides of County Road 100, is provided on the warranty deed (see Attachment 2). The property is bisected by the right-of-way for County Road 100 and the old D&RG Rail Road line, which is now owned by the Roaring Fork Transportation Authority (RFTA). These intervening property ownerships divide the property into two separate legal parcels. The property, which is the subject of this application, is located on the north side of County Road 100 and the RFTA right-of-way and contains approximately 141.88 acres. A similar application for subdivision exemption was submitted to the County last November and was approved by the Board of County Commissioners on February 10, 2003 pursuant to Resolution No. 2003-60 (See Attachment 7). To demonstrate that this parcel has remained unchanged since 1973 we need only compare the legal description for the property in the Warranty Deed with the current description in the Assessor's records (see Attachment 8). These descriptions differ on only three points. First, the description in the Warranty Deed does not specifically exclude the right-of-way for County Road 100 or the D&RG Railroad. Instead, there is a simple reference to exemptions for "easements and rights-of-way of record" on the Deed. Second, the current description in the Assessor's records includes two lots, totaling 4.56 acres, which are not included on the Warranty Deed. These lots are part of the North Parcel and were added to this parcel in 1981 after a subdivision exemption was processed for the adjacent ranch owned by the Gerbaz family. Subsequent to receiving subdivision exemption approval these two lots were conveyed to the Coffmans who intended to either convey them to their children or sell them. Once the Coffmans realized these parcels would be taxed as vacant residential land, they vacated the subdivision exemption plat and quit claimed the land from these lots, thereby merging this land into the North Parcel. This issue was discussed with Mark Bean and he indicated that since these parcels were added to the property and since no exemption was processed for the Coffman property this action would not jeopardize the properties eligibility for Subdivision Exemption or Rural Lands Development Exemption Option approval. The third difference in the legal description is also related to the North Parcel and involves a minor subdivision exemption to convey .30 acres to the County. This exemption was processed in 1981 to adjust the property line between the Coffman Ranch and the right-of-way for County Road 100 to correspond with the location of an existing fence. The Applicants are requesting approval to create three lots leaving a fourth large parcel as depicted on Figure 1. The proposed lots are roughly 4.0 acres each and the Targe parcel would retain approximately 129.81 acres. B. All Garfield County zoning requirements will be met; and Response: The subject property is zoned Agriculture Rural Residential Density (ARRD). The proposed lots have been designed to comply with the applicable requirements for this zone district. The lots are intended for residential use and meet all of the area and bulk requirements identified in Sections 3.02 of the Garfield County Zoning Resolution. The proposed lots also comply with applicable "Supplementary Regulations" contained in Section 5.0 of the Zoning Resolution. Many of these regulations are evaluated in association with a building permit application. Since no buildings are proposed at this time these provisions are not addressed in this application. Coffman Ranch/North Parcel 5 ■ Subdivision Exemption Application • February2004 The minimum lot area in this zone district is two (2) acres, while the proposed lots are four (4) acres in area. A minimum of 25 feet of street frontage is required for all lots (unless otherwise provided for under a PUD). The width of the proposed lots is variable and ranges from 268 feet to 360 feet. However, none of the Tots has frontage directly on County Road 100. The lots have been intentionally set back from County Road 100 to minimize the visual impacts of development and to preserve the agricultural character of the Coffman Ranch as viewed from County Road 100. All of the lots have more than 25 feet of frontage on the private access road. C. All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained; and Response: The subject property is adjacent to County Road 100 right-of-way. As described above, the proposed lots are set back from County Road 100 to minimize visual impacts and preserve the rural character of the Coffman Ranch. The Applicant is proposing a shared drive for access to all three of the proposed lots as shown on Figure 1. The shared access drive traverses a portion of the remainder parcel. An easement for this access drive will be established over the intervening remainder lot for the purpose of allowing access to and from the proposed Tots and County Road 100. A legal description for this easement and the associated easement agreement documents will be provided at the time of recording the Subdivision Exemption Plat. D. Provision has been made for an adequate source of water in terms of the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot. Proof of a legal supply shall be an approved substitute water supply plan contract; augmentation plan; an approved well permit; legally adjudicated domestic water source or a contract for a permanent legal supply of domestic water to be hauled from an outside site for a cistern. Proof of the physical supply from a well for the public meeting, may be documentation from the Division of Water Resources that demonstrates that there are wells within a 4 mile of the site producing at least five (5) gallons/minute. Response: Water for the proposed lots will be provided via a shared well. The location of the proposed well is depicted on Figure 1. A "water allotment contract" was approved by the Basalt Water Conservancy District for this well and is included in Attachment 9. A well permit application has also been filed with the Colorado Division of Water Resources (see Attachment 10). Proof of physical supply is provided via a Well Permit and Well Construction and Test Report for a well located on property owned by Ackerman Land, LLC. The Well Permit and Well Construction and Test Report for this well are provided in Attachment 11 of this application. The Ackerman well is located on the south side of County Road 100 near the entry drive into the log home assembly facility owned by the Ackermans. The well is approximately 750 to 800 feet from the proposed well on the subject property. The Well Construction and Test Report included in Attachment 11 shows that the Ackerman well produces 15 gallons per minute. E. Method of sewage disposal; and Response: Sewage disposal is proposed to be handled by on-site wastewater treatment systems, as no central sewerage system is available in this area. The systems have not been designed at this time since no dwellings are proposed and the design of each system is specific to the number of bedrooms and other factors for each home. The design of each system is best evaluated at the time of building permit application. F. All State and local environmental health and safety requirements have been met or are in the process of being met; and Response: The Applicant is seeking the necessary well permit from the Colorado Division of Water Resources. As part of this process, water quality testing will be required. In addition, compliance with the County's Individual Sewage Disposal System requirements will be a requirement of the building permit process. The Applicant is willing to comply with these and all other applicable State and local environmental health requirements. G. Provision has been made for any required road or storm drainage improvements; and Coffman Ranch/North Parcel 6 ■ Subdivision Exemption Application ■ February2004 Response: The road serving the proposed lots will be a private drive. The lots are intended to be developed with three single-family residences. Future owners may also wish to seek approval for accessory dwelling units, which could be applied for since the proposed lots are greater than 4 acres in size. The proposed access drive will traverse relatively flat terrain and will be a simple gravel or dirt surface driveway. No improvements to a public road or any storm drainage will be required in association with this project other than the intersection of the proposed access drive with County Road 100. The intersection will be constructed in accordance with County Road Standards and will be designed to intersect with County Road 100 at a right angle. The terrain at the point of intersection with County Road 100 drops approximately four feet from County Road 100 to the elevation of the field on the Coffman property. Therefore, some fill will be necessary to bring the proposed access drive up to the elevation of County Road 100 in order to improve sight distance. County Road 100 is very straight in the area of the proposed access drive and with the grade of the access drive raised sight distance will be excellent. Construction of the intersection with CR 100 will require very little disturbance within the County right -of -way. All disturbed areas will be revegetated immediately after the access drive is completed. The proposed access drive will also traverse an irrigation ditch on the Subject Property. A culvert will be installed at this location to accommodate the water flown in the irrigation ditch. This ditch serves several downstream users and will remain unobstructed. H. Fire protection has been approved by the appropriate fire district; and Response: The subject property is located within the Carbondale and Rural Fire Protection District. Attachment 12 is a letter from Bill Gavette, Deputy Fire Chief for the District, which demonstrates that fire protection is available for the property. I. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and Response: Electric service will be provided by Holy Cross Electric. The distribution line from which service will be taken is located south of County Road 100 and the adjacent railroad right-of-way. The applicant is proposing to bring a new overhead power line from an existing pole onto the subject property and to the proposed lots. The proposed power line will span the railroad right-of-way and County Road 100 and will not require a pole within the County Road 100 right-of-way or the railroad right-of-way. An easement for installation and maintenance of the proposed power line will be established over the remainder parcel to a point in the southeast corner of Lot 1 where the power line will be extended within the shared driveway alignment to Lots 2 and 3. The Site Plan shows an approximate location of the power line easement, which will traverse the remainder parcel. The portion of the shared driveway easement that traverses Lots 1, 2 and 3 will also provide for the installation and maintenance of the electric service. The proposed lots will be provided with approximately .1 cfs of irrigation water from the "Slough Ditch," which traverses the Coffman Ranch. This is a fraction of total water rights owned by the Coffmans as shown in Attachment 13. In order to access the water in the Slough Ditch the owners of the proposed lots will have to install one or more water lines and associated pumps. Unless this water line(s) is located within the shared access drive, easements would be required to allow for the installation and maintenance of irrigation water line(s) over the intervening remainder lot to the Slough Ditch. This is not an issue since the intervening property is owned by the Applicants. The necessary easement documents will be provided at the time the Subdivision Exemption plat is recorded. Telephone service will also be provided within the proposed shared access drive easement from the Country Road 100 right-of-way to the proposed lots. J. School fees, taxes and special assessments have been paid. Response: There are no outstanding fees, taxes or special assessments associated with the subject property. ADDITIONAL CONSIDERATIONS In the evaluation of each petition for exemption, and in addition to the review criteria in Section 8:52, the Board shall consider the following: Coffman Ranch/North Parcel 7 ■ Subdivision Exemption Application ■ February2004 A. General conformance with the Garfield County Comprehensive Plan; Response: The portion of the subject property, where the proposed lots are located, is identified for "Low Density Residential (10 and greater ac/du)" use on the Proposed Land Use Map in the Garfield County Comprehensive Plan, Study Area 1. Under this designation, the subject property could accommodate up to 14 lots. The Applicant is proposing to divide the property into four lots, which is the equivalent of one dwelling unit per 35 acres. B. Compatibility of the proposed exemption with existing land uses in the surrounding area; Response: The surrounding uses include residential/ranch, log home assembly, and storage/warehouse. The log - home -assembly use is located approximately 600 feet south of the proposed lots on property recently conveyed to Skip Ackerman by the Applicants. Given this distance and the intervening terrain, we anticipate no compatibility issues between this use and the proposed residential lots. There are a number of light industrial uses constructed on the property to the southwest of the subject property. The closest of these uses is a mini storage facility, which is over 3,000 feet from the nearest of the proposed lots. This is a relatively benign commercial use since it involves low traffic and activity levels. The existing ranch homestead owned and occupied by the Applicants is located approximately 2,300 feet west of the nearest of the proposed lots. The nearest existing residence is the home owned by Eric and Carolyn Smith, which is located roughly 800 feet to the east of the nearest building envelope (Lot 1). The area between the proposed lots and the Smith property is heavily vegetated. Development on the proposed lots will not be visible from the Smith property. The Ranch at Roaring Fork is located to the north of the Subject Property. However, the portion of the Ranch at Roaring Fork located adjacent to the subject property is part of the common open space. Development on the proposed lots will not be visible from any existing residential dwelling within the Ranch at Roaring Fork subdivision due to the distance and intervening terrain and vegetation. C. Recommendations of any municipality within two (2) miles of the proposed exemption, or within three (3) miles, if the municipality has a major street plan; Response: The subject property is located within the area covered by Carbondale's Three -Mile Plan, which is the equivalent of a "major street plan." The Applicant would like the opportunity to discuss any comments or recommendations offered by the Town of Carbondale if such comments or recommendations are provided by the Town. D. Recommendations of any state or local agency or organization whose opinion the Board determines is necessary or appropriate; Response: The Applicant would like the opportunity to discuss the recommendations or comments of other state or local agencies if any are provided in association with this review. E. Suitability of soil, water, vegetation, geologic and topographic characteristics of the land for the type of division proposed; Response: To evaluate this we examined the soils and geologic hazards maps contained in the County's Comprehensive Plan. Figure 3 is a composite map showing the soils, geologic and floodplain hazards contained in the Comprehensive Plan for the subject property. The area where development would occur on the proposed lots is not encumbered by any of the hazards mapped in the Comprehensive Plan. However, the property is encumbered by the 100 -year floodplain. Figure 4 is map showing the floodplain mapped for the property as depicted on the Flood Insurance Rate Map (FIRM), which the County uses to regulate land use with respect to flood hazards. Figure 4 incorporates the section of the FIRM map, which includes the subject property, onto the Conceptual Site Plan and shows the relationship between the mapped floodplain and the proposed lots. The FEMA mapping was used to establish the building envelopes, which were designed to avoid the 100 -year floodplain as depicted on Figure 4. The mapping in the Comprehensive Plan also shows "moderate soils" hazard to the south of the proposed building envelopes. The "moderate soils" hazard is defined as including such issues as subsidence. As in the case of the floodplain hazard, the building envelopes were designed to avoid the Coffman Ranch/North Parcel 8 ■ Subdivision Exemption Application • February2004 D I+ 4• ♦ %$ 1. 4• • . ,• ... • �• `��` yip,.♦ ••••„. • •• • Adjoining 391-31 as o a, A ti z� L' 491 S f irVUT4 tit -9# i O 0 a 1 a Cicl W z C z 0 Composite Analysis Map Coffman Ranch/North ParceUSubdivision Exemption 1837 100 Road Carbondale, Colorado 81623 ( General Notes ) N E; g $ M ME IIIMI MI = IIIIII MN N M I MN M IIIIIII MI E MI + + w b b `ill, + c o o\\ + + 0O0 Cil Jsl s _.1 �1 ✓' t/� + + + i + r) elj (D•+ 0 2 p ItiCD N ~ Floodplain Map FIRM N o Coffman Ranch/North Parcel/Subdivision Exemption f EW Rex and Joann Coffman s 1837 100 Road Carbondale, Colorado 81623 s moderate soils hazard, as mapped. The hazarding mapping in the Comprehensive Plan also shows an area of High Water Table mapped for the northern portion of the property. This proposed building envelopes also avoid this hazard. There are no other soils or geologic hazards mapped in the vicinity of the proposed building envelopes. F. Number of lots and/or multiple -dwelling units created by the proposed exemption; Response: The Applicant is proposing a total of four lots. G. Provision for open space within the proposed exemption; Response: No public open space is proposed with this subdivision exemption. However, the Coffman family has agreed to place a portion of the North Parcel, under a conservation easement. The proposed easement area includes approximately 38 acres surrounding the proposed lots. A Deed of Conservation Easement has been executed between the Coffmans and the Aspen Valley Land Trust and has been recorded in the Garfield County Clerk and Recorder's Office (Reception No. 643445). The area encumbered by the conservation easement is depicted on the Site Plan (Figure 1) and will be referred to as the "Easement Area" in this application. The Easement Area surrounds, but does not include, the proposed lots. The terms of the Deed of Conservation Easement ensure that most of the land within the defined area will remain undeveloped. A copy of the recorded Deed of Conservation Easement is included as Attachment 14. The language of the conservation easement allows for the development of the lots proposed in this application and one additional lot. Approval for the additional lot is not being sought at this time. In the event this lot is to be developed, the appropriate approvals will be sought from the County. The terms of the conservation easement also allow the development of up to two small agricultural buildings within the easement area. These structures are limited to a cumulative total of 2,000 square feet. The conservation easement also prohibits the removal or destruction of native vegetation and requires the control of noxious weeds in accordance with the Colorado Noxious Weed Act. Other restrictions in the Deed of Conservation Easement include prohibition of the use of pesticides (other than for the control of noxious weeds); and prohibition on exploration for or extraction of surface minerals such as sand and gravel, etc. The rights related to subsurface minerals have also been addressed in the Deed of Conservation Easement (See pages 4 and 5 of Attachment 14). The Deed of Conservation Easement also prohibits the degradation, pollution or drainage of any designated wetlands or naturally occurring surface or sub -surface water except that irrigation patterns and ditches may be altered under certain circumstances as described on page 5 of the Deed of Conservation Easement. There are no designated wetlands within the proposed lots. H. Proposed density and provisions for adequate off-street parking; and Response: The proposed Tots provide ample room to accommodate all required parking for single-family residential use. All parking associated with the proposed lots will be handled on site. Parking will be provided in accordance with County parking requirements at the time the proposed lots are developed. I. Covenants and plat notes, restricting the lots to the following: 1. One (1) dog will be allowed for each residential unit within a subdivision and the dog shall be required to be confined within the owner's property boundaries. The requirements shall be included in the protective covenants for the subdivision with enforcement provisions allowing for the removal of a dog from the area as a final remedy in worst cases; 2. No open-hearth solid fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid fuel burning stove as defined by C.R.S. 25-7-401, et. sew., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances; and 3. Each subdivision shall have covenants requiring that all exterior lighting be the minimum amount necessary and that all exterior lighting be directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. Coffman Ranch/North Parcel ■ Subdivision Exemption Application ■ 11 February 2004 Response: The Applicants are willing to accept these restrictions as conditions of approval. WILDLIFE HABITAT The overall intent of the proposed development plan for the subject property is to minimize the impact of development on the conservation values of the property as identified in the Deed of Conservation Easement (Attachment 14). Toward this end, the proposed lots have been designed to achieve a balance in terms of minimizing impacts to the various environmental factors that existing on the property. These factors include open space (including the visibility of proposed development from County Road 100), existing vegetation, riparian areas, existing irrigation ditches, floodplain, and wildlife habitat. Wildlife habitat was carefully considered in the development of the site plan. As part of the documentation required for the conservation easement, a wildlife report has been prepared for the North Parcel of the Coffman Ranch. This report describes the wildlife habitat that exists on the subject property, includes the maps showing the habitat mapped by the Colorado Division of Wildlife (DOW), and includes a list of "management recommendations" to help preserve the wildlife values of the Coffman Ranch. This report is included as Attachment 15 of this application. The subject property includes areas mapped for wildlife habitat by the Colorado Division of Wildlife including; Deer Resident Population, Highway Crossing, Summer and Winter Range; Bear Fall Concentration Area; Canada Goose Feeding and Production Area, Winter Concentration Area and Brood Concentration Area). Bald Eagle Winter Range is mapped along the Roaring Fork River including a portion of the Coffman Ranch and there are two Bald Eagle roost sites identified on adjacent properties (the 'A —mile buffer area for these roost sites extend onto the subject property). The roost sites are the most important of the habitats mapped in the area of the subject property and they are discussed in the paragraphs below. The wildlife habitat which has been mapped for the property is described in greater detail Attachment 15, including maps showing the portions of the property located within the mapped habitat area. In addition, according to Dawn Keating, the wildlife management consultant who prepared the wildlife report referred to above, there is one heron nest located across the river in a large cottonwood tree on the Ranch at Roaring Fork. Dawn states that while there are no rookeries on the Coffman property, herons have attempted to nest across the river for the past several years with limited success. Of the habitat types mapped for the Coffman Ranch, the Goose Winter Concentration Area and Brood Concentration Area do not overlap the proposed lots. The other habitat types encumber either a portion or all of the proposed lots. Dawn Keating recommends the following management measures to preserve the wildlife values on the subject property: • Prohibit free -roaming dogs in winter when use by deer is heightened; • Prohibit free -roaming cats year-round in order to preserve birds; • Encourage homeowners to use bear proof trashcans and manage birdfeeders, pet food and grills during the fall so al to not to attract bears; • Remove barbed-wire fences along County Road 100 to enhance deer highway crossing area; • All property fences should meet CDOW specifications in order to protect deer and small mammals; • Encourage homeowners to use landscape material that does not attract deer, elk and bears. Continue to fence or remove hay bales so as not to attract deer and elk; • Monitor eagle roost sites and report any activity to the CDOW; • Educate landowners on the wildlife values found on the property; • Prepare a wildlife management plan for the property. Coffman Ranch/North Parcel 12 ■ Subdivision Exemption Application • February2004 Bald Eagle: Bald Eagle (Haliaeetus leucocephalus): The bald eagle is primarily a winter resident in Colorado. At this location, they predominantly forage and roost in the large cottonwoods along the Roaring Fork River. Bald eagle winter range is defined by the DOW as "Areas where Bald eagles have been observed between November 15 and April 1 ". The DOW defines a roost site as "groups of or individual trees that provide day and/or night perches for less than 15 wintering bald eagles (includes a buffer zone 1/4 mile around these sites) ". Two roost sites are mapped within 1/4 mile of the subject property. The southern mapped roost site is across County Road 100 in a large spruce tree behind Ackerman Log Homes according to Kevin Wright, DOW. The '/4 -mile buffer for this site includes the eastern pastures on the Coffman Ranch (North Parcel) and may encroach into the southern portion of the proposed lots. The second mapped roost site is along the Roaring Fork River in the cottonwoods within the St. Finnbar Ranch and is within the open space easement portion of St Finnbar. The buffer zone for this roost site encompasses the northeast corner of the subject property and would appear to encroach into proposed Lot 1. It is important to note that these are "roost sites" and not "nests," which are much more sensitive and require greater protection from disturbance. The primary concern with respect to roost sites is the potential loss of the trees in which the animals perch to overview the river for fishing. The Wildlife Report prepared by Dawn Keating for the subject property includes the following recommendation with respect to the Bald Eagle and Heron habitat: "Prevent removal of native cottonwoods in order to preserve roosting sites and buffer zones for eagles and herons." While the 1/4 -mile buffer area for both of the Bald Eagle roost sites include areas of the proposed lots and building envelopes, no trees are proposed to be removed as a result of this project. There are no trees located within the proposed building envelopes and all structures and improvements are intended to be confined to the building envelopes and the access drive easement. There are no trees located within the proposed access driveway alignment except where the driveway crosses the Slough Ditch along the south side of the proposed lots. There may be a few shrubs removed to accommodate the culvert that will be installed at this location, otherwise, no trees would be removed with the construction of the access driveway. The proposed development should have little or no impact on the mapped roost sites or the heron nest. WETLANDS While no formal wetlands or hydrological assessment has been performed on this property, wetlands charged by high water table and seasonal irrigation may exist in the northwest and northeast corners of the "conservation easement area" (See Figure 1 for conservation easement area) and along the Roaring Fork River in selected areas. The proposed lots are not located within the wetland -prone areas. Further, it is unknown to what degree irrigation or management practices support the wetland potential on the property. The proposed lots have been configured so as to avoid the areas mapped as "high water table" and "floodplain" on the County's Geologic Hazard mapping (See Figure 3). Coffman Ranch/North Parcel ■ Subdivision Exemption Application ■ 13 February 2004 Attachment 1 Legal Description Coffman Ranch/North Parcel ■ Subdivision Exemption Application ■ February 2004 LEGAL DESCRIPTION NORTH PARCEL A PARCEL OF LAND SITUATED IN GOVERNMENT LOTS 12, 13, 15, 16, AND 17 OF SECTION 36 TOWNSHIP 7 SOUTH, RANGE 88 WEST, OF THE SIXTH PRINCIPLE MERIDIAN; ALSO 1N LOT 14 OF, SECTION 31, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPLE MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 14 WHENCE THE NORTHEAST CORNER OF SECTION 1, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARS S.13°22'07"W. 2162.73 FEET; THENCE S.0030'00"E., 716.87 FEET ALONG THE EAST LINE OF SAID GOVERNMENT LOT 14; THENCE ALONG A FENCE LINE BEING THE NORTHERLY RIGHT OF WAY OF COUNTY ROAD 100 THE FOLLOWING FOURTEEN (14) COURSES: 1) S.79°49'23"W. A DISTANCE OF 47.57 FEET; 2) S.73°31'13"W. A DISTANCE OF 120.98 FEET; 3) S.69°43'21 "W. A DISTANCE OF 189.48 FEET; 4) S.74°47'25"W. A DISTANCE OF 129.37 FEET; 5) S.81 °33'50"W. A DISTANCE OF 622.29 FEET; 6) S.81 ° 11'21 "W. A DISTANCE OF 701.96 FEET; 7) S.81°30'50"W. A DISTANCE OF 984.74 FEET; 8) S.83°53'04"W. A DISTANCE OF 314.48 FEET; 9) S.86°24'26"W. A DISTANCE OF 159.69 FEET; 10) S.87°37'15"W. A DISTANCE OF 112.30 FEET; 11) S.89°05'08"W. A DISTANCE OF 423.29 FEET; 12) S.88°16'36"W. A DISTANCE OF 122.16 FEET; 13) N.88°14'12"W. A DISTANCE OF 146.07 FEET; 14) N.83°44'01"W. 61.10 FEET TO THE SOUTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED IN PLAT BOOK 763 PAGE 727; THENCE CONTINUING ALONG SAID FENCE LINE AND THE NORTHERLY RIGHT OF WAY OF COUNTY ROAD 100 THE FOLLOWING FIVE (5) COURSES: 1) N.88°09'40"W. A DISTANCE OF 178.03 FEET; 2) S.89°41'20"W. A DISTANCE OF 149.39 FEET; 3) S.89°04'10"W. A DISTANCE OF 283.80 FEET; 4) S.88°44'28"W. 30.21 FEET TO THE SOUTHEAST CORNER OF A PARCEL OF LAND AS DESCRIBED IN PLAT BOOK 765 PAGE 933; 5) S.88°44'33"W. 511.81 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND AS DESCRIBED IN PLAT BOOK 765 PAGE 933.; THENCE N.15°30'44"E., 192.83 FEET; THENCE S.87°21'45"E., 227.54 FEET; THENCE N.79°07'46"E., 120.81 FEET; THENCE S.84°37'27"E., 114.68 FEET TO THE NORTHEAST CORNER OF A TRACT OF (CONTINUED) LAND AS DESCRIBED IN PLAT BOOK 765 PAGE 727; THENCE S.84°37127"E., 88.95 FEET; THENCE S.81 °41'42"E., 67.60 FEET; THENCE N.82°04'26"E., 266.62 FEET; THENCE N.79°04'46"E., 220.50 FEET; THENCE N.02°44'09"E., 115.26 FEET; THENCE N.22°09'51 "E., 22.78 FEET TO A POINT ON THE WESTERLY LINE OF SAID GOVERNMENT LOT 16; THENCE N.00°10'33"W., 1412.92 FEET ALONG THE WESTERLY LINE OF SAID GOVERNMENT LOT 16 TO THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 13; THENCE N.00°10'33"W., 674.92 FEET ALONG SAID WESTERLY LINE TO THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 13 (WHENCE THE WITNESS CORNER BEARS S.00°10'33"E.,10.00 FEET); THENCE N.89°03'22"E., 885.38 FEET ALONG THE NORTHERLY LINE OF SAID GOVERNMENT LOT 13 TO THE NORTHWEST CORNER OF SAID LOT 12; THENCE N.89°12'48"E., 494.20 FEET ALONG SAID NORTHERLY LINE TO THE NORTHEAST CORNER OF SAID LOT 12; THENCE S.00°45'20"E., 697.53 FEET ALONG THE EASTERLY LINE OF SAID GOVERNMENT LOT 12, TO THE SOUTHEAST CORNER OF SAID LOT 12; THENCE S.00°26'40"E., 602.39 FEET ALONG THE EASTERLY LINE OF GOVERNMENT LOT 17 TO AN ANGLE POINT ON THE NORTHERLY LINE OF SAID GOVERNMENT LOT 17; THENCE N. 88°31'40" E., 2683.86 FEET TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 14, SAID POINT ALSO BEING THE POINT OF BEGINNING FOR THIS DESCRIPTION, CONTAINING 141.88 ACRES MORE OR LESS. Attachment 2 Proof of Ownership Coffman Ranch/North Parcel ■ Subdivision Exemption Application ■ February2004 ReceptionNo....22$$0 . ... .....__.._Chas . 3. Keegan Recorder. Page 109 V"f • This DEED, Made this in the year of our Lord one thousand nine hundred and between •` ,1 day of February sixty-five R. A. COFFMAN and FLO M. COFFMAN of the County of Garfield and State of Colorado, of the first part, and Exhibit — C REX A. COFFMAN and JoANN (. COFFMAN Deed & Legal Description of the County of Garfield and State of Colorado, of the second part: WITNESSETH, That the said part i e s of the first part, for and in consideration of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION to the said part 1 e s of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lots or parcel s of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit: -DOLLARS, Lots 12, 13, 16 and 17, of the Sixth P. M.; Lot West of the Sixth P. M. South, Range 88 West of Township 8 South, Range 301.248 acres, more or Section 36, Township 7 South, Range 88 West 14, Section 31, Township 7 South, Range 87 ; Lots 21, 22 and 23, Section 36, Township 7 the Sixth P. M.; Lots 1 and 2, Section 1, 88 West of the Sixth P. M.; consisting of less. tXCEPTING the following described tract of land, to -wit: A tract of land situated in Lot 23, Section 36, Township 7 South, Range 88 West of the 6th Principal Meridian, more fully described as follows: Beginning at a point on the North line of said Lot 23 whence the witness corner for the South Quarter Corner of said Section 36 bears S. 69°45' E. 961.91 feet; thence S. 89°10' W. 483.91 feet along the North line of said Lot 23 to the Northwest Corner of said Lot 23; thence South 707.62 feet along the West line of said Lot 23 to the Southwest Corner of said Lot 23; thence S. 89°24'40" E. 661.35 feet along the South line of said Lot 23; thence North 632.72 feet; thence S. 66°14' W. 31.76 feet; thence S. 82°30' W. 52.93 feet; thence N. 79°14' W. 97.63 feet; thence North 90.13 feet to the North line of said Lot 23, the point of beginning. Containing 10.51 acres, more or less. Togethr with any and all water and water rights, ditches and ditch rights belonging to or used upon, or in connection with the above described property. Also Nether with 134 shares of stock in the North Thompson -Four Mil Mineral and Land Corporation, and all grazing rights and privileges represented thereby. Also together with the right to graze 84 head of cattle upon the public domain as granted by the Bureau of Land Management. EXCEPTING mineral reservations of record and easements and rights- of-way of record for roads, highways, ditches, telephone, telegraph, 1 LJ\ LVAJLJIJ\.J MIL JJ t/J.JJLJ\ \,..v✓ .,..✓ •.,uv...�+r+ vv.•v �.. r....-�_-. to the said part i e s of the first part in hand paid by the said parties of the second part, the receipt whereof .i h. -•by confessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, .argain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forev , not in tenant n common but in joint tenancy, all the following described lots or parcel s of land, situ e, lying and being in e County of par f ie ld d State of Colorado, to-wi Lots 12, 13 16 and 17, Section 36, Township 7 South, Ra of the Sixth •. M.; Lot 14, Section 31, Township 7 Sout West of the Si h Pe M.; Lots 21, 22 and 23, Section South, Range 88 'est of the Sixth P. M.; Lots 1 and Township 8 South, ange 88 West of the Sixth P. M.• 301.248 acres, more r less. • • EXCEPTING the followin- described tract of 1 A tract of land situate Range 88 West of the 6th as follows: Beginning at 23 whence the witness corner Section 36 bears S. 69°45' E. 483.91 feet along the North li Corner of said Lot 23; thence line of said Lot 23 to the thence S. 89°24'40" E. 661 Lot 23; thence North 632. thence S. 82°30' W. 52. thence North 90.13 fe- point of beginning. in Lot 23, Sec r i nc i pa l Mer point on or t Togetler with any an rights belonging described prop Also ttget Mineral repre nd ented y. all S n n.- 88 West Range 87 , Township 7 Section 1, consisting of o -wit: on 36, Township 7 South, dian, more fully described he North line of said Lot South Quarter Corner of said 6 91 feet; thence S. 89°10' W. of said Lot 23 to the Northwest 707.62 feet along the West Corner of said Lot 23; ng the South line of said S. 66°14' W. 31.76 feet; 79°14' W. 97.63 feet; line f said Lot 23, the more or less. ou uthwes 5 feet a feet; then feet; thence to the North ontaining 10.51 acres, N. water and water rights, d or used upon, or in connection w tches and ditch 'th the above with 134 shares of stock in the North Thomps Land Corporation, and all grazing rights and - thereby. n -Four Mile p 'vileges o together with the right to graze 84 head of cattle upon the ublic domain as granted by the Bureau of Land Management. EXCEPTING mineral reservations of record and easements and rights- of-way of record for roads, highways, ditches, telephone, telegraph, and power lines. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said parti e S of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. No. 768. WARRANTT DEED—To Joint Tenanta.—Bradford-Robin.on Printing Company, 1824-46 Stout Street, Denser, Colorado Book 364 Pae 110 TO HAVE AND TO pup the said premises above bargained and described, with the appurtenances, unto the said partiep Qf the aei:n d part, their heirs and assigns forever. And the said part les of the first part. for \` them el ves , the ii+eirs, executors, and administrators, do covenant, grant, bargain and agree to aniwith the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute .and indefeasible estate of inheritancein law, in fee simple, and ha ve good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature, aoever, except 1965 taxes. and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said parties of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part fes of the first part haVe hereunto sett helr hand s and seal s the day and year first above written. Signed, Sealed and Delivered in the Presence of STATE OF COLORADO, f1� r �; ,.:�:: 4 t ., , t..,et February } ��`�ttlFtttfl'fl��feioing instrument was acknowledged before me this day of ``.��0' 0_tB44:/i►'i,.R. A. COFFMAN and FLO M. COFFMAN. s.,/ . ; ••••.• , 19 Witness my hand and official seal. �4eauflipsion expires '.)• .1...44 4:el[SEAL] A. COFFMA [SEAL] F, [SEAL] • ; ). i' _,i;: V -fFt►'o iris ,� /�:. r. „;,;i.�i� apt,• :_ �. 't '# •. 0,F s nprl person or persona berg inert name or ames; if b7 parsons acting in representative or official capacity or as attorney-in-fact, y 4J=;ci. �Irff ' � 1/{�{�attfitl�.liatAt`Pf person u executor, attorney-in-fact or other capacity or description: if by officer of corporation, then invert name of such 4,, 0 7l firms: as the president or other officers of such corporation. naming it. • Notary Public. and the a • • e bargained premises in the quiet and peaceable possession of the said parties of the second rt, their heirs and awn : against all and every person or persons lawfully claiming or to claim the whole or a part thereof, the said parties rf the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS W REOF, the said part 1es of the first part haVe hereunto sett . - lr hand s and seal g • the day and yea 'rat above written. Signed, Sealed and Delivered in the Presenc �7 - yfLY��.a� ./A � COFFMA� [SEAL] �....''F&et...1 .4.....1, [SEAL] [SEAL] • . STATE OF COLORADO, 'i ~� "r . County of .7,A,R \�‘1111II1ifIb `e ping instrument was �` 4rp'.` � t8 ►'�:•i .-R ...A A. CO nowledged before me this r -MAN and FLO M. COFFMAN. , 19 . Witness day of February hand and official seal. tart' Public. '• r pviuQj ponos or parsons beta insert name or names; if by persons acting in representative or official opacity or .a alto . -in-fact, .tdegtitpt person as executor, attorney -In -fact or other capacity or description: if by officer of corporation. then insert name •t such it as the president or other officers of such corporation, naming it. co, A 6 F • 5.4 0 0 H ro z W 0 0 JQAN14 G. COFFMA.d 1).0 0, i A �7 W• s \14 0Zi `J i 0 •o 0 H O fn end future tax statements to: Attachment 3 List of Adjacent Property Owners Coffman Ranch/North Parcel ■ Subdivision Exemption Application ■ February2004 Dale Eubank, LLC 1676 County Road 100 Carbondale, CO 81623 Ranch at Roaring Fork Homeowner's Assoc. Carbondale, CO 81623 I Johnathan C. Whitman Revocable Trust #401 Aspen Alps 700 Ute Avenue Aspen, CO 81611 Eric Smith C/O Smith & Metalitz, LLP 1747 Pennsylvania Avenue N.W. Suite 825 Washington, DC 20006 Leslie Cerise 1539 Hwy 133 Carbondale, CO 81623 Adjacent Property Owners Ackerman Land, LLC P.O. Box 1318 Carbondale. CO 8163 Roaring Fork Preserve, LLC C/O Dave McMorris 201 Main Street, Suite 203 Carbondale, CO 81623 A. Stephen & Janice R. Crowley 2621 County Road 100 Carbondale, CO 81623 Bureau of Land Management P.O. Box 1009 Glenwood Springs, CO 81602-1009 Mineral Rights Owner HP & Gwendolyn Hanson 14 Old Orchard Carbondale, CO 81623 Garfield County Board of Commissioners 109 8th Street, Suite 300 Glenwood Springs, CO 81601 Roaring Fork Transit Authority 530 East Main Street Aspen, CO 81611 St. Finnbarr Land Company C/O Jim Mindling 32 Buttonball Lane Weston, CT 06883 Attachment 4 Mineral Rights Documentation Coffman Ranch/North Parcel ■ Subdivision Exemption Application ■ February2004 1 1 i 1 1 1 1 1 1 1 1 1 r 1 1 1 1 1 FROM : COFFMAN RANCH '13uu4c 312 Page 390 2 FAX NO. : 9709632375 Oct. 23 2002 03:34PM P1 aai;orCnt! a+.e....:... .........dcioc�it M., No Vt... tiL95.8. . 203497 Chas3 . ns };eFtn ]'t.m.e prion No...:....... ................. T' .13 Dr tD, Made this 17th day of go•vo:rbsr in the year of. our Lord ore thousand nine huadzed and fifty-aight tot -.even ALBERT J. CZE7.6Z and Oe").SOLA H. CLH1S3 of the County of Garfield and State of Colorado, of the first part, and R. A. COFFMAN and FLO M. COFFMAN of the County of Garf3.d sand.8tate of Colorado, of the second part; WITNESSZT11, That the said part jog o1 the first part, for anti in consideration of the awn of Ten Dollars and other good tnd va1ueb18 , ccnaiderations to the maid part ice of the first part in hand paid by the satd partimi of the seemed part, the receipt whereof is hereby confessed and acknowledged, ha, ve 'granted, baxgaL:.ed, sold and conveyed, and by those proaents do grant, bargain, sell, convey acid oon.firni. unto the Bald parties of the second az-t, their heirs and assigns forever, not it tenancy iu common but in joint tenancy, ell the following dcacribad lona or parcel of land, eitoate, lying and being in the County of Garfield and State of Colorado, to•Atrft: Hanle rder. rt Lots 12, 13, 16 and 17, Section 3b, Townstip 7 South, Range 88 @lea <.o1, the .Sixth Principal Meridian, and Lot 14 in Section 31; Towtlasrip 7 south, Rhe 87 Neat of the Sixth Principal Meridian. 21so Lots 21, 22 and 23 in Section 36, Township 7 South; Range 88 fest of the Sixth Principal Meridian. Also Lots 1 and 2 in Section 1,''Townahip 8 South, Rangy 88 West of the sixth Principal Meridien, Together with in and all water anti water rights, ditch and ditch rights `maim I.ng to or used in connection with the above describi d property, and pa ticulsr1y' b>ut without limitation on the foregoing, an undivided Lane- forarth interest in the Union Irrigation Bitch -end 4 like interest in and to the aasugh Ditch and iiia :rater rights connected ted with said two ditches, the mese being situate in Water District ?.o.. 38, Alai) all groin.: in rights3 and pri.rilegnes en tha Public Domain adtlirittersd under the T 1,02. Ore%ing Act for which the as'Q described pr rt is bass property, The Pirat parties, grantors herein, except and raservih an uadiT±ded one.. fourth interest in And to all oil, gag and nth©.r a .,.ier:t1 ate -very. kind and description ixt, on or tinder the real property her cinabc-'a described, together with the right to anter upon and remove , said rsinerat1s upon. Q 5 papeent for surface damage* FROM : COFFMAN RANCH FAX NO. : 9709632375 Oct. 23 2002 03:35PM P2 PaEP 391 TO L Njl .AMID TO flOLD tits said prornisea &lore bargained asd described, with the r..ppurtexsancee, unto the enid partite of the aocond par!, t.heir heirs and anis= fo;xver. And the :e l!i partja oY tbefirst part, Mr' then serreat „h•eir hairs, executors, and idraialstiatore=.do coveu:ert, arsd with the said ;mut, bsaS',�lu and Agree to parties rot the seazj part, , their hairs and•aasigns, that at the titas of the ensrslitsg and delivery of those presents, they are will seized of tbo premises above conveyed, na of good, sure, perfect, absolute and indefensible estate of inheritance la law, in tae simple, And ha Ye good rii,*.ht, full powor, and lawful authority to grant, bargain, sell and convey the enure its asarrn r and ler= aforesaid, and that tha same aro frog and clear front n11 former and other grnnts, bargains, saes, liens, tsxor, 4esaessmante attd tndaznbranoxs of whatever klssd or nature,, soewer, 'ttb jeet hcrw s,Tar to asoorrations contained in pat®.;its and easements and rights of way i"or raii.r ade, roads, utilities and ditches uow it1 exi texeae) and tho aboPa'bnrgaIred promises in toe quiet and pe tx+,osble ,posuseiun of tilt mild parties of !rite rororid part.,.tli+rlr hotro rad design, against all and eoerz person ,r perzons itrad`ally cluf:ainr or to olaintt the whole or any, part thzrect, the saki part Itaef .the first part shall And wilt V t_IMANT ANO U?• ityvt. Ds.,i'aND', iN W1''rN ss 'WHEREOF, the, said part les of thu part ha VIP hers;rilto set 'th•ei,Y hand 0 and *oat the, c.Ay and -fear .1!n* above srrittoa. Signed, Seated and Delivered in the Presence of . STATE Ori COLORADO, • County of O.A..R3?I Lj) eS. t.t- ., ,SEAL j ,'"t .fLwagsinz: inatrurrsnt was A_c1kaawIedged before m�ej this .7'h t J-_lg 52 ! � ! +�.�.a� .�'d `illfaVWr 5�! \, 4x111 S. �� at `�,,7,�:'�it+x • e • k•a{Ir . _ ,., expires J V • >1 ,. w.,, y' . „: t , 19 ba, . Witnele my band and ofticia...1 anal. r�„ • r 1. „ • .v: .G r l N �7 rAalie...__ Attachment 5 Soils Data Coffman Ranch/North Parcel ■ Subdivision Exemption Application ■ February 2004 Coffman Ranch/North Parcel Subdivision Exemption Application Applicant: Representative: Rex & JoAnn Coffman 'TG Malloy Consulting, LLC 1837 180 Road Carbondale, Colorado 81623 181 Orebard Lane Clcm.Mod Springs, Colorado 81601 Ph: 945-0832 Fax: 945.0833 North Date: January, 3 2004 Soils Types Map Aerial Source: Sheet No. 20 Soil Survey of Aspen -Gypsum Area (Carbondale Quadrangle) US Dept. of Interior, Resource Conservation Service USDA -RCS Soils Designations Map Numerical Symbol Soil Map Unit 13 Atencio-Azcltine complex, 3-6% 42 Fluvaquents, 0-10% 92 Redrob Loam, 1-6% Coffman Ranch/North Parcel Subdivision Exemption Application February, 2004 pen -Gypsum Area, Colorado 13—Atencio-Azeltine complex, 3 to 6 percent pes. This map unit is on alluvial fans and terraces. e native vegetation is mainly grasses and shrubs. vation is 5,900 to 6,500 feet. The average annual cipitation is 15 to 18 inches, the average annual air perature is 44 to 46 degrees F, and the average st-free period is 105 to 120 days. This unit is about 60 percent Atencio sandy loam and percent Azeltine gravelly sandy loam. Included in this unit are small areas of soils that are ilar to the Atencio and Azeltine soils but are finer ured. Also included are small areas of gravel bars. luded areas make up about 10 percent of the total eage. The Atencio soil is deep and well drained. It formed alluvium derived dominantly from sandstone and le. Typically, the surface layer is reddish gray sandy m about 6 inches thick. The next layer is sandy loam gut 4 inches thick. The subsoil is about 10 inches of �dy clay loam over about 4 inches of gravelly sandy m. The upper 6 inches of the substratum is gravelly dy loam. The lower part to a depth of 60 inches is Ty gravelly sand. The soil is noncalcareous to a depth 20 inches and calcareous below that depth. In some as the surface layer is gravelly or cobbly. Permeability is moderate to a depth of 30 inches in Atencio soil and rapid below this depth. Available ter capacity is low. The effective rooting depth is 60 hes or more. Runoff is slow, and the hazard of water Psion is slight. The Azeltine soil is deep and well drained. It formed Iluvium derived dominantly from sandstone and le. Typically, the surface layer is reddish gray velly sandy loam about 9 inches thick. The upper 7 hes of the substratum is gravelly loam. The lower rt to a depth of 60 inches is extremely gravelly sand. e soil is calcareous throughout. In some areas the ace layer is cobbly loam or sandy loam. Permeability is rapid or very rapid below a depth of inches in the Azeltine soil. Available water capacity ow. The effective rooting depth is 60 inches or more. noff is slow, and the hazard of water erosion is ht. This unit is used mainly for irrigated hay or pasture. It o is used for crops, urban development, wildlife sitat, or rangeland. If this unit is used for hay and pasture, the main citations are the low available water capacity and all stones. Grasses and legumes grow well if quate fertilizer is used. Good management helps to intain optimum vigor and quality of forage plants. ause these soils are droughty, applications of cation water should be light and frequent. Irrigation er can be applied by corrugation, sprinkler, and 23 flooding methods. If properly managed, the unit can produce 4 tons of irrigated grass hay per acre annually. This unit is moderately well suited to irrigated crops. If furrow or corrugation irrigation systems are used, runs should be on the contour or across the slope. If properly managed, the unit can produce 70 bushels of barley per acre annually. The potential plant community on this unit is mainly western wheatgrass, Indian ricegrass, needleandthread, big sagebrush, and Douglas rabbitbrush. Nevada bluegrass, prairie junegrass, and bottlebrush squirreltail also are included. The average annual production of air- dry vegetation is about 800 pounds per acre. Suitable management practices include proper grazing use and a planned grazing system. If the quality of range vegetation has seriously deteriorated, seeding is needed. The main limitations are cobbles and stones. For successful seeding, a seedbed should be prepared and the seed drilled. Brush management improves deteriorated areas of range that are producing more woody shrubs than were present in the potential plant community. If this unit is used for homesite development, the main limitation is small stones. Population growth has resulted in increased construction of homes in areas of this unit. Topsoil can be stockpiled and used to reclaim areas disturbed during construction. The gravel and cobbles in disturbed areas should be removed if the site is landscaped, particularly in areas used for lawns. If the density of housing is moderate or high, community sewage systems are needed to prevent the contamination of water supplies resulting from seepage from onsite sewage disposal systems. This map unit is in capability subclass IVe, irrigated, and Vle, nonirrigated. It is in the Rolling Loam range site. Callings-Yeljack complex, 25 to 65 perce slopes. This map unit is on ridgetops, benche , and mountain '• es. Elevation is 7,500 to 9,500 -et. The average ann..' precipitation is 18 to 20 ches, the average annua ir temperature is 3• o 41 degrees F, and the average fr• t -free period . 70 to 80 days. This unit is about •ercen allings soil and 40 percent Yeljack soil. Included in this unit all areas of Mine, Arle, Ansari, Jerry, Millerla. Uracc and Mergel soils. Included areas m. - up about 10 •ercent of the total acreage. The Galli soil is deep and well dr. ed. It formed in alluviu • and colluvium derived dominan from sandst• e. Typically, the surface layer is dar brown loa . bout 5 inches thick. The next 6 inches is • ravelly I. m. The subsurface layer is very cobbly clay to ar s -Gypsum Area, Colorado le management practices include proper e and a planned grazing system. The this soil for range seeding is poor. he n is the slope. The slope limits ac ess by limited accessibility results in o ergrazing Tess slo.'ng areas. unit is p`orly suited to homesite dev lopment. ain limitati•n is the slope. map unit i- in capability subclass Ile, ated. It is in the Deep Loam rang site. vanston Ioa q, 45 to 65 perc- t slopes. This ell drained soil 's on alluvial f. s, terraces, and ides. It formed i mixed alluvi m. Elevation is 8,000 feet. The verage a , ual precipitation is inches, the aver -.e annudl air temperature is degrees F, and th- aver -.e frost -free period is days. Ily, the surface Jaye is rown loam about 12 ick. The subsoil is cl loam about 13 inches e substratum to a des h of 60 inches or more is ed in this unit are s al areas of Tridell soils, Evanston soils thahav slopes of less than 45 and small areas o Rock utcrop. Included e up about 15 •ercent o the total acreage. bility is modere in this vanston soil. water capacity is high. The effective rooting inches or r ore. Runoff is apid, and the water erosi.n is moderate o severe on the pes. is used ainly as rangelands It also is used habitat. ntial pl nt community on this nit is mainly wheat rass, western wheatgra , Do glas rabbitbrush, and mountain big Uta serviceberry, mountain sn 'Wuberry, s, and Ross sedge common! are also verage annual production of a -dry about 1,500 pounds per acre. If ti e range eriorates, mountain big sagebrush bitbrush, cheatgrass, and annual w eds undance. anagement practices include prope and a planned grazing system. The is soil for range seeding is poor. Th is the slope. The slope limits acces ' by limited accessibility results in overgra ing ing areas. poorly suited to homesite development. itation is the slope. unit is in capability subclass Vile, . It is in the Deep Loam range site. 39 42—Fluvaquents, 0 to 10 percent slopes. This broadly defined unit consists of deep, somewhat poorly drained, nearly level soils on flood plains and alluvial valley floors. These soils formed in alluvium. Fluvaquents are stratified and vary widely in texture and in depth to sand, gravel, and cobbles. Typically, the surface layer ranges from loamy sand to fine sandy loam or from silt loam to clay loam. The underlying layers are generally sandy loam or loam stratified with sand, gravel, and cobbles. In some areas gravel and cobbles are on or near the surface. The water table fluctuates between depths of 0.5 foot and 2.0 feet during spring and summer. These soils are occasionally flooded for brief periods in late spring and early summer. Included in this unit are small, isolated areas of Redrob soils. Also included are small, isolated areas where water stands at or near the surface all year. These water areas are identified by a special symbol on the soil maps. Included areas make up about 15 percent of the total acreage. These soils are used for wildlife habitat, recreational development, or grazing. The native vegetation is mainly cottonwood, willow, water -tolerant grasses, sedges, and rushes. Mule deer, cottontail rabbit, coyote, and bobcat and ducks, geese, and other native birds find food and shelter on these soils. Where feasible, planting small grain, trees, and shrubs improves the habitat for upland wildlife. This unit is poorly suited to homesite development. The main limitations are the flooding and the seasonal high water table. This map unit is in capability subclass Vlw, nonirrigated. It generally is in the Riverbottom range site. At the higher elevations, however, it is in the Mountain Meadow range site. 3—Forelle-Brownsto complex, 6 to 12 percen slope This map unit is on mountains and benc• -s. Elevation '- 6,500 to 7,500 feet. The average nual precipitation 12 to 14 inches, the averaannual air temperature is o 44 degrees F, and e average frost -free period is : to 105 days. This unit is about 55 ►-rcent F. elle soil and 30 percent Brownsto soil. Included in this unit are s• - reas of Tridell soils on knolls, Mussel and Mory.. soils in ales, and basalt Rock outcrop. Also in ded are sma -reas of soils that are similar to tForelle and Browns soils but have soft bedro• below a depth of 40 inche . ncluded areas make . • about 15 percent of the total acr = •e. The F. elle soil is deep and well drained. It forme mixes .Iluvium derived dominantly from sedimentary ypsum Area, Colorado 63 ussel loam, 6 to 12 percent slopes. This 11 drained soil is on terraces, fans, and foo formed in alluvium. Elevation is 6,500 to ,500 average annual precipitation is 13 to 1 e average annual air temperature is 4 to 44 and the average frost -free period i 75 to 90 1 sa in t e the surface layer is light gray loam about 8 The upper 34 inches of the su stratum is m. The lower part to a dept of 60 inches y clay loam. is unit are small areas of amo soils. as ake up about 10 perce, t of the total . oderate in the Mus el soil. Available h. The effective r'-oting depth is 60 ff is slow, and e hazard of water sility is fty is hi •re. Run oderate. `s used as pment. It is ment conce s and leg ed. If properly s of irrigated g 1"al plant commu 'tgrass, needlea dberg bluegr 1 production r acre. e he mpro quality •rat use the an ar ayland, as suited to ns are um s gro erl a • angeland, or for ay and pasture. The w fertility and the well if adequate ged, the unit can hay per acre annually. y on this unit is mainly hread, Nevada s, - nd big sagebrush. The f air-. ry vegetation is about heavily i fested ved • chemical f range veg ed, eeding is nee d f. homesite deve ope in the steepe aement concern if se installed. Absorption I ontour. Access roads s surface runoff and help s th undesirable r mechanical ation has .-d. pment, the areas. The tic tank es should uld be bilize cut • • 1 • in capability subclass IVe, it It is in the Rolling Loam range gated ite. m, 12 to 25 percent slopes. Th soil is on fans and foot slopes. It Elevation is 6,500 to 7,500 feet. ipitation is 13 to 14 inches, the temperature is 42 to 44 degrees F, -free period is 75 to 90 days. ce layer is Tight gray loam about 8 r 34 inches of the substratum is gfi=°lower part to a depth of 60 inches loam. h Included in this unit are small areas of Yamo sol a'd soils that are similar to the Mussel soil but h e slo,,es of 6 to 12 percent. Included areas make ip abo 10 percent of the total acreage. Per eability is moderate in the Mussel s' I. Available water ca..city is high. The effective rooti • depth is 60 inches or •ore. Runoff is medium, and e hazard of water erosio 1 is moderate. This unit is sed as rangeland or •r urban development. 'e potential plant immunity is mainly western wheatgr- s, Nevada bl grass, Sandberg bluegrass, needlea •thread, - • d big sagebrush. The average annual prod tion o air-dry vegetation is about 800 pounds per acre. Range seeding may b- needed if the range is in poor condition. The main li atis are the slope and the limited availability of ' igatio water. In areas where brush is removed b prescribe • burning or by chemical or mechanical m: ods, the haz d of erosion may increase. If this unit ' used for homesite de -lopment, the main limita'.n is the slope. The slope also a manage nt concern if septic tank abso •tion fields are installe•. Absorption lines should be install -• on the conto Access roads should be designed to ontrol surf ce runoff and help stabilize cut slopes. his map unit is in capability subclass Vle, onirrigated. It is in the Rolling Loam range site. 92—Redrob loam, 1 to 6 percent slopes. This deep, somewhat poorly drained soil is on alluvial valley floors, low terraces, and flood plains. It formed in mixed alluvium derived dominantly from sandstone and shale. Elevation is 5,800 to 7,200 feet. The average annual precipitation is 16 to 18 inches, the average annual air temperature is 40 to 44 degrees F, and the average frost -free period is 85 to 105 days. Typically, the surface layer is dark grayish brown loam about 14 inches thick. The next layer is stratified stony loam about 6 inches thick. The substratum to a depth of 60 inches is stony and very cobbly loamy sand and sand. Included in this unit are small areas of Fluvaquents and Atencio, Azeltine, Showalter, and Morval soils. Included areas make up about 15 percent of the total acreage. Permeability is moderate in the surface layer of the Redrob soil and rapid in the rest of the profile. Available water capacity is low. The effective rooting depth is 60 inches for water -tolerant plants but is 20 to 40 inches for other plants. Runoff is slow, and the hazard of water erosion is slight or moderate on the steeper slopes. A high water table is at a depth of 18 to 48 inches 64 throughout the year. This soil is subject to rare flooding of brief duration. Ice jams may cause flooding during prolonged cold periods in winter. This unit is used for irrigated hay and pasture or as wildlife habitat. It is well suited to hay and pasture. The main limitations are the restricted rooting depth for plants that are not water -tolerant and a short growing season. The wetness limits the choice of suitable forage plants and the period of cutting or grazing and increases the risk of winterkill. Irrigation water can be applied by furrow, border, corrugation, and sprinkler methods. This unit provides food and cover for waterfowl and other wetland wildlife. This unit is poorly suited to homesite development. The main limitations are the wetness and the hazard of flooding. This map unit is in capability subclass IVw, irrigated and nonirrigated. It is in the Riverbottom range site. p mo domi feet. inches, degrees days. Typically, grayish brow thick. The lowe about 11 inches to 20 inches. The Included in this u similar to the Rogert deeper over granite be areas of soils that are si have a lighter colored su make up about 15 perc Permeability is mo Rogert soil. Availabl effective rooting de medium, and the This unit is us habitat. The po wheatgrass, b and mountai characteriz ricegrass, forbs. S averag 1,000 T Th 93—Rogert very stony sandy loam, 25 to 65 cent slopes. This shallow, well drained soil is tainsides. It formed in residuum derived antly from granite. Elevation is 7,500 to •, 00 e average annual precipitation is 18 t• 20 e average annual air temperature 36 to 38 and the average frost -free peri»d is 35 to 60 he upper part of the surfa very stony sandy loam part is brown very ick. Hard granit oil is noncalc t are sma oil but roc t IS layer is dark bout 6 inches avelly sandy loam at a depth of 10 eous throughout. areas of soils that are e finer textured and Also included are small to the Rogert soil but ce layer. Included areas f the total acreage. apid or rapid in the acity is very low. The inches. Runoff is rosion is moderate. ing or wildlife is mainly western rie junegrass, that ndian many rately water ca h is 10 to zard of water for livestock gra ntial plant communit ebunch wheatgrass, pr big sagebrush. Other plant this site are needleandthread, daho fescue, and small numbers e areas of aspen are also included. he annual production of air-dry vegetation i about ounds per acre. suitability of this unit for range seeding is poo main limitations are the slope and the surface Soil Survey toniness. Suitable management practices include roper range use, deferred grazing, and rotation g .zing. Aerial spraying is suitable for brush m. agement. is unit is poorly suited to homesite deve pment. The ain limitations are the slope and the d pth to bedro k. This map unit is in capability subclass Ile, nonirrig.ted. It is in the Rocky Loam ranee site. 94—Sh•walter-Morval complex, 5 0 15 percent slopes. Th . map unit is on alluvial f. s, high terraces, and valley s •es. Elevation is 7,000 0 8,500 feet. The average ann :I precipitation is 14 o 16 inches, the average annu- air temperature i 42 to 44 degrees F, and the averag: frost -free perio- is 80 to 90 days. This unit is ab ' ut 45 percen Showalter very stony loam and 35 perc. nt Morval Iam. The Showalter soil is in convex areas, a d the Mo al soil is in the more concave areas. Included in this un are mall areas of soils that are similar to the Morval sill iut have a thicker surface layer. Also included ar- mall areas of soils that are similar to the Morval se •ut have 30 to 40 percent cobbles in the substr um Included areas make up about 20 percent of e tot. I acreage. The Showalter s• I is dee,' and well drained. It formed in alluvium •erived d• inantly from basalt. About 10 to 15 p: cent of the urface is covered with stones, 5 percen with cobbles, : nd 5 percent with gravel. Typicall the surface lay: r is brown very stony loam about 8 i ches thick. The up er 3 inches of the subsoil is very cobbly clay loam. T - lower 28 inches is very cobbly c =y. The substratum to : depth of 60 inches or m• e is very cobbly clay lo Permeab' ity is slow in the Showalte soil. Available water capa- ity is moderate. The effectiv: rooting depth is 60 inch:. or more. Runoff is medium, . d the hazard of water osion is slight. The M rval soil is deep and well drained. It formed in alluvium •erived dominantly from basalt. Typ ally, the surface ayer is brown loam about 7 inches th k. The upper 2 inches of the subsoil is clay loam. Th lower 4 inche- is loam. The substratum to a depth of 61 inches is lo. . The soil is noncalcareous to a depth of 9 inch, s and calcareous below that depth. rmeability is moderate in the Morval soil. Ava able w er capacity also is moderate. The effective rooti d: •th is 60 inches or more. Runoff is medium, and.t hazard of water erosion is slight. This unit is used as hayland or rangeland, for crops, r for homesite development. It is moderately suited to hay and crops. The main limitations are the surface stoniness, the slope, and the slow permeability. 192 Soil name and I map symbol 12*: Rock outcrop. TABLE 10. --BUILDING SITE DEVELOPMENT --Continued Shallow excavations Dwellings Dwellings I Small without with I commercial basements basements I buildings Local roads and streets Soil Sury Lawns at1Cl 1andscapi[ Severe: cutbanks cave. Moderate: Slight shrink -swell. (Moderate: I shrink -swell, I slope. Moderate: Moderate: shrink -swell I droughty. Azeltine 14*: Callings Yeljack 15*, 16*: Charcol Mord Severe: cutbanks cave. 17*: Cochetopa Antrobus Severe: slope. 18*, 19*: Cochetopa Antrobus 20 Coulterg 21*: Curecanti Fughes Slight Severe: slope. Slight Severe: slope. (Moderate: I slope. (Severe: I slope. ISevere: Severe: Severe:ipSevere: 'Severe: Severe: low strength, slope. slope.slope. e slope. I slope. . I slope. I (Severe: Severe: Severe: Severe: Severe: Severe: I p slo e. large stc slope. slope. slope. I slope. I slope. I Slight. Severe: Severe: rin Severe: (Severe: Severe: g shrink -swell, slope, I shrink -swell, low strength, slope. slope, slope. shrink -swell. I slope. shrink -swell. I I I Moderate: Severe: 'Severe: Severe: Moderate: cla Severe:rinsloe. P too clayey, shrink -swell. shrink -swell. � slope. swell, shrink -swell. slope. I Severe: 'Severe: Severe: Severe: large Severe: large stones. large st large stones. large stones. large stones. I large stones. I ISevere: Severe: Severe: Severe: 'Severe: Severe: low strength, slope. shrink -swell, slope, I shrink -swell, slope. shrink -swell. I slope. slope, slope. I shrink -swell. ISevere: Severe: 'Severe: Severe: Severelloprg: Sevepe:e stones, slope, slope, I slope, slope, large s s slope. large stones. large stones. Ilarge stones. large stones. slope. I Severe: Severe: Severe: !Severe: slope. Severe: Severe: slope. P slope. slope. I slope. slope. pe. P I ISevere: Moderate: (Severe: Moderate: Severe: Moderate: lope. slope, large cutbanks cave. slope, slope, I sfrostpaction, large stones. large stones. I large stones. I Severe: 'Severe: Severe: IModerat! Severe:srinlarge shrink -swell. shrink -swell. I slope. swell, lowlstrength. I slope. I slope. Slight Moderate: small stop droughty. Severe: Severe: slope. slope. Moderate: too clayey, slope. See footnote at end of table. ame and 1 Shallow of 1 excavations 0 0 anston 9, 40, 41 Evanston 42* Fluvaquents 43*: Forelle Brownsto 44*: Forelle Brownsto 45 Forsey 46, 47 Forsey 48 Fughes 49 Slight TABLE 10. --BUILDING SITE DEVELOPMENT --Continued Moderate: slope. Goslin 50 Goslin Severe: slope. Severe: slope. Slight Severe: slope. Severe: cutbanks cave, wetness. Moderate: slope. Severe: cutbanks cave. Severe: slope. Severe: cutbanks cave, slope. Moderate: large stones. Severe: slope. Moderate: too clayey. Slight Severe: slope. See footnote at end of table. Dwellings without basements Slight Moderate: slope. Severe: slope. Severe: slope. Slight Severe: slope. Severe: flooding, wetness. Moderate: slope. Moderate: slope. Severe: slope. Severe: slope. Moderate: large stones. Severe: slope. Severe: shrink -swell. Slight Severe: slope. Dwellings with basements Slight Moderate: slope. Severe: slope. Severe: slope. Slight Severe: slope. Severe: flooding, wetness. Moderate: slope. Moderate: slope. Severe: slope. Severe: slope. Moderate: large stones. Severe: slope. Severe: shrink -swell. Slight Small commercial buildings Moderate: slope. Severe: slope. Severe: slope. Severe: slope. Slight Severe: slope. Severe: slope. Severe: flooding, wetness. Severe: slope. Severe: slope. Severe: slope. Severe: slope. Moderate: slope, large stones. Severe: slope. Severe: shrink -swell. Moderate: slope. Severe: slope. Local roads and streets Moderate: frost action. Moderate: slope, frost action. Severe: slope. Severe: slope. Slight Severe: slope. Soil Survey Lawns and landscaping Moderate: large stones. Moderate: large stones, slope. Severe: slope. Severe: slope. Slight. Severe: slope. Severe: wetness, flooding, frost action. Moderate: slope. Moderate: slope. Severe: slope. Severe: slope. Moderate: frost action, large stones. Severe: slope. Severe: shrink -swell, low strength. Slight Severe: wetness. Severe: slope. Moderate: large stones, slope. Moderate: small stones, droughty, slope. Severe: slope. Severe: slope. Severe: large stones. Severe: large stones, slope. Moderate: large stones. Slight. Severe: slope. 1 Aspen -Gypsum Area, Colorado TABLE 10. --BUILDING SITE DEVELOPMENT --Continued 197 Soil name and map symbol 1 87*: Tridell 1 Shallow excavations Dwellings without basements Dwellings with basements Small commercial buildings Local roads 1 Lawns and and streets 1 landscaping 88*: Moyerson I Rock outcrop. 89 Mussel '90 Mussel 91 Mussel 92 Severe: cutbanks cave, slope. Severe: depth to rock, slope. Severe: cutbanks cave. Severe: cutbanks cave. Severe: cutbanks cave, slope. Redrob Severe: cutbanks cave, wetness. Severe: slope. Severe: shrink -swell, slope. Slight Moderate: slope. Severe: slope. Severe: flooding. Severe: slope. Severe: depth to rock, slope, shrink -swell. Slight Moderate: slope. Severe: slope. Severe: slope. Severe: shrink -swell, slope. Slight Severe: slope. Severe: slope. Severe: slope. 1Severe: 1 slope. Severe: Severe: low strength, 1 slope, slope, 1 thin layer. shrink -swell. Moderate: frost action. Moderate: slope, frost action. Severe: slope. Slight. 1Moderate: I slope. 1 'Severe: 1 slope. Severe: flooding, wetness. Severe: flooding. Moderate: wetness, flooding. 'Moderate: 1 wetness. 93 Rogert 94*: Showalter Morval 95*: Showalter Morval 96 Southace 97 Southace 98, 99 Southace Severe: depth to rock, slope. Moderate: too clayey, large stones, slope. Moderate: slope. Severe: slope. Severe: slope. Moderate: large stones. Moderate: large stones, slope. Severe: slope. See footnote at end of table. Severe: slope, depth to rock. Moderate: shrink -swell, slope, large stones. Moderate: shrink -swell, slope. Severe: slope. Severe: slope. Moderate: large stones. Moderate: slope, large stones. Severe: slope. Severe: depth to rock, slope. Moderate: slope, large stones. Moderate: slope, shrink -swell. Severe: slope. Severe: slope. Moderate: large stones. Moderate: slope, large stones. Severe: slope. Severe: slope, depth to rock. Severe: slope. Severe: slope. Severe: slope. Severe: slope. Moderate: large stones. Severe: slope. Severe: slope. Severe: depth to rock, slope. Moderate: slope, frost action, shrink -swell. Moderate: low strength, slope, frost action. Severe: slope. Severe: slope. Moderate: large stones. Moderate: slope, large stones. Severe: slope. 1Severe: 1 small stones, 1 slope. 1 1Severe: 1 large stones. 1Moderate: 1 slope. 1 1 1Severe: 1 large stones, I slope. 1Severe: I slope. 1Severe: 1 droughty. 1Severe: 1 droughty. !Severe: I droughty, 1 slope. 1 202 Soil Survey TABLE 11. --SANITARY FACILITIES --Continued I Soil name and map symbol Septic tank absorption fields 1 Sewage lagoon 1 Trench Area areas 1 sanitary sanitary 1 landfill landfill 1 Daily cover for landfill 12*: Ansari Rock outcrop. 13*: Atencio Severe: depth to rock, slope. Severe: poor filter. Severe: depth to rock, slope. Severe: seepage. Severe: depth to rock, slope. Severe: depth to rock, slope. Poor: area reclaim, large stones, slope. Severe: seepage, too sandy. Azeltine 14*: Callings Yeljack 15*, 16*: Charcol Mord 17*: Cochetopa Antrobus 18*, 19*: Cochetopa Antrobus 20 Coulterg Severe: poor filter. Severe: percs slowly, slope. Severe: percs slowly, slope. Severe: slope. Severe: percs slowly, slope. Severe: percs slowly. Severe: large stones. Severe: percs slowly, slope. Severe: slope, large stones. Severe: slope. See footnote at end of table. Severe: seepage. Severe: slope. Severe: slope. Severe: seepage, slope. Severe: seepage, slope. Severe: slope. Severe: slope, large stones. Severe: slope. Severe: slope, large stones. Severe: slope. Severe: seepage, too sandy. Severe: slope, large stones. Severe: slope. Severe: slope, large stones. Severe: slope, too clayey. Severe: too clayey. Severe: large stones. Severe: slope, too clayey. Severe: slope, large stones. Severe: slope. Severe: Poor: seepage. seepage, too sandy, small stones. Severe: Poor: seepage. seepage, too sandy, small stones. Severe: Poor: slope. large stones, slope. Severe: Poor: slope. slope. Severe: Poor: seepage, small stones, slope. slope. Severe: Poor: seepage, too clayey, slope. hard to pack, small stones. Moderate: Poor: slope. too clayey, hard to pack, small stones. Moderate: Poor: slope. large stones. Severe: Poor: slope. too clayey, hard to pack, small stones. Severe: Poor: slope. large stones, slope. Severe: Poor: slope. slope. 204 TABLE 11. --SANITARY FACILITIES --Continued Soil name and map symbol 29*, 30*: Rock outcrop. 31 Dot sero 32 Dot sero 33*: Earsman Rock outcrop. 34 Empedrado 35 Empedrado 36 Empedrado 37 Etoe 38 Evanston 39, 40, 41 Evanston If 42* Fluvaquents Septic tank absorption fields Severe: slope. Slight Severe: depth to rock, slope. Slight Moderate: slope. Severe: slope. Severe: slope. Moderate: percs slowly. Severe: slope. Severe: flooding, wetness, poor filter. 43*: Forelle Brownsto 44*: Forelle Brownsto Moderate: percs slowly, slope. Moderate: slope. Severe: slope. Severe: slope. See footnote at end of table. Sewage lagoon I Trench areas 1 sanitary landfill Severe: seepage, slope. Severe: seepage. Severe: seepage, depth to rock, slope. Severe: seepage. Severe: seepage, slope. Severe: seepage, slope. Severe: slope. Moderate: seepage, slope. Severe: slope. Severe: seepage, flooding. Severe: slope. Severe: seepage, slope. Severe: slope. Severe: seepage, slope. Severe: seepage, slope. Severe: seepage. Severe: depth to rock, slope. •Severe: seepage. Severe: seepage. Severe: seepage, slope. Severe: slope, large stones. Slight Severe: slope. Severe: flooding, seepage, wetness. Moderate: slope. Moderate: slope, too sandy. Severe: slope. Severe: slope. Area 1 Daily cover sanitary landfill Severe: seepage, slope. Severe: seepage. Severe: depth to rock, slope. Severe: seepage. Severe: seepage. Severe: seepage, slope. Severe: slope. Slight Severe: slope. Severe: flooding, seepage, wetness. for landfill Poor: slope. Fair: small stones. Poor: area reclaim, small stones, slope. Fair: small stones. Fair: small stones, slope. Poor: slope. Poor: large stones, slope. Good. Poor: slope. 1 Poor: seepage, too sandy, small stones. Moderate: slope. Moderate: slope. Severe: slope. Severe: slope. Fair: slope. Poor: small stones. Poor: slope. Poor: small stones, slope. 1 Aspen -Gypsum Area, Colorado. 1 TABLE 11. --SANITARY FACILITIES --Continued 207 Soil name and map symbol Septic tank absorption fields Sewage lagoon I areas Trench sanitary landfill Area 1 Daily cover sanitary 1 for landfill landfill 80 len 81 Moen 1, Monad 1- Morval 83 I, 86 Orval lorval Tridell I ' I:;erSon 'lock outcrop. 89 Mussel Severe: depth to rock. Severe: depth to rock, slope. Severe: percs slowly, slope. Moderate: percs slowly. Mussel Severe: slope. Mussel Severe: slope. Severe: poor filter, slope. Severe: depth to rock, slope. 2 Moderate: percs slowly. Moderate: percs slowly, slope. edrob 3 Rogert 4*: Showalter Severe: slope. Severe: wetness, poor filter. Severe: depth to rock, slope. Severe: depth to rock, slope. Severe: seepage, slope. Moderate: seepage, slope. Severe: slope. Severe: slope. Severe: seepage, slope, large stones. Severe: depth to rock, slope. Moderate: seepage, slope. Severe: slope. Severe: slope. Severe: depth to rock, slope. Severe: percs slowly. See footnote at end of table. Severe: seepage, flooding, wetness. Severe: depth to rock. Severe: depth to rock, slope. Severe: slope. Moderate: too clayey. Severe: slope. Severe: slope. Severe: slope, large stones. Severe: depth to rock, slope. Slight Severe: depth to rock. Severe: depth to rock, slope. Severe: seepage, slope. Moderate: slope. Severe: slope. Severe: seepage, wetness, I too sandy. Slight Severe: slope. Severe: slope. Severe: slope. Severe: depth to rock, slope. Slight Severe: seepage, depth to rock, slope. Severe: slope, large stones. Severe: depth to rock, seepage, slope. Severe: large stones. Poor: area reclaim. Poor: area reclaim, slope. Poor: slope. Moderate: slope. Severe: slope. Severe: seepage, wetness. Severe: depth to rock, seepage, slope. Moderate: slope. Fair: too clayey, small stones. Poor: slope. Poor: slope. Poor: slope. Poor: area reclaim, hard to pack, slope. Good. Fair: slope. Poor: slope. Poor: seepage, too sandy, small stones. Poor: depth to rock, seepage, small stones. Poor: small stones. 232 TABLE 14. --ENGINEERING INDEX PROPERTIES --Continued 1 Soil name and 1Depthl map symbol 1 I I I I In I 10*, 11*: Skylick Sligting 12*: Arle Ansari Rock outcrop. 13*: Atencio Azeltine 0-31 31-48 48-60 0-24 24-60 Soil Survey I Classification IFrag- 1 Percentage passing I I sieve number-- ILiquid 1 Plas- USDA texture I 1 Iments 1 1 Unified I AASHTO I> 3 I 1 linchesl I I I Pct Loam Clay loam, loam Gravelly sandy clay loam. Very stony loam Extremely cobbly clay loam, very cobbly clay, very stony clay. 0-10 Very stony loam 10-30 Very stony loam, very stony sandy loam. 30 Weathered bedrock 0-8 8-14 14 Loam Loam, stony loam Unweathered bedrock. CL -ML A-4 CL A-6 CL, SC A-6, A-2 CL -ML A-4 CL, SC A-6, A-7 SM, GM, ML GM, SM CL -ML, SM -SC CL -ML, SM -SC A-4 A-2, A-1 A-4 A-9 1 I 1 I limit I ticity 4 1 10 I 40 1200 I 1 index I I I I Pct 1 0 90-100 0 90-100 0 65-85 20-40 30-65 25-40 30-60 5-10 5-30 75-85 70-80 60-85 40-70 75-100 75-95 85-100 85-100 55-75 70-80 50-75 55-80 40-70 75-90 75-90 70-90 75-90 40-65 60-70 45-70 45-70 35-55 70-80 70-80 55-75 60-80- 30-55 50-60 40-60 35-55 20-45 45-65 45-65 20-30 25-35 25-35 25-35 35-50 25-35 20-35 20-30 20-30 5-10 10-15 10-15 5-10 15-25 NP -10 NP -10 5-10 5-10 0-10 10-24 24-30 30-60 0-9 9-16 16-60 Sandy loam Gravelly sandy clay loam, sandy clay loam, gravelly sandy loam. Gravelly sandy clay loam, gravelly sandy loam. Extremely cobbly sand, very gravelly sand. Gravelly sandy loam. Gravelly sandy loam, gravelly loam. Extremely gravelly sand. See footnote at end of table. SM SC SM -SC, GM -GC SP, GP, SP -SM, GP -GM SM, SM -SC, GM, GM -GC GM -GC, SM -SC, GC, SC GP A-2 A-2, A-6 A-2 A-1 A-2, A-4 A-2, A-4, A-6 A-1 0-5 0-5 5-10 20-60 0-5 0-5 15-30 75-100 65-90 50-80 40-60 60-85 60-85 25-40 75-100 50-90 50-75 35-55 50-75 50-75 20-35 50-65 35-65 40-65 10-35 90-65 40-65 10-20 20-30 25-45 15-30 0-10 25-40 25-50 0-5 15-20 20-30 15-25 20-30 25-35 NP -5 10-15 NP -10 5-15 NP 1 1 1 1 1 1 1 11 1 1 1 1 1 1 236 TABLE 14. --ENGINEERING INDEX PROPERTIES --Continued Soil name and map symbol 37 Etoe 38, 39 I I IDepthl USDA texture In 1 Evanston 40, 41 Evanston 42* 0-8 8-29 29-60 0-14 14-31 31-60 1 Classification I 1 Unified AASHTO Loam Stratified very cobbly fine sandy loam to extremely cobbly sandy clay loam. Extremely cobbly sandy clay loam, extremely stony sandy clay loam, extremely stony loam. Loam Loam, clay loam Loam 0-12 Loam 12-25 Loam, clay loam 25-60 Loam CL -ML SM -SC, GM -GC GC, GP -GC ML CL CL -ML ML CL CL -ML A-4 A-2 A-2 A-4 A-6 A-4 A-4 A-6 A-4 Frag- ments > 3 inches Pct 0-10 30-60 40-80 Soil Su Percentage passing 1 sieve number-- 'Liquid Plas- 4 10 40 1 200 limit ticit index 85-100 50-75 25-35 80-100 45-70 15-30 70-95 40-55 10-25 Pct 50-70 20-30 5-10 30-35 20-30 5-10 5-15 30-35 10-15 0 95-100 95-100 70-85 50-70 30-35 5-10 0 95-100 95-100 70-90 50-70 25-35 10-15 0 95-100 95-100 65-85 50-60 20-30 5-10 0 95-100 95-100 70-85 50-70 30-35 5-10 0 95-100 95-100 70-90 50-70 25-35 10-15 0 95-100 95-100 65-85 50-60 20-30 5-10 Fluvaquents 0-10 10-24 24-60 43*, 44*: Forelle Brownsto 45, 46, 47 Forsey 0-6 6-30 30-60 Variable Stratified clay to gravelly sand. Very gravelly sand, gravelly sand. Loam Clay loam, loam, sandy clay loam. Loam, sandy clay loam, clay loam. 0-9 Gravelly sandy loam. 4-11 11-30 30-60 0-10 10-22 22-60 Gravelly loam ---- Very gravelly sandy loam. Gravelly sandy loam, very gravelly loamy sand, very gravelly sandy loam. Cobbly loam SM, ML, CL, SC SM, ML, CL, CL -ML Very cobbly loam, very cobbly clay loam. Very cobbly sandy loam, very cobbly loam, very cobbly sandy clay loam. See footnote at end of table. GP, SP, SP -SM, GP -GM CL -ML, ML CL CL -ML, CL SM, GM, SM -SC, GM -GC SM -SC, GM -GC GM, GM -GC SM, GM SM -SC, CL -ML GM -GC, GC A-2, A-4, A-6 A-2, A-4, A-6 A-1 GM, GM -GC, SM -SC, SM A-4 A-6 A-4, A-6 A-2 A-4 A-1, A-2 A-2, A-1 A-9 A-4, A-6 A-1, A-2 0-10 90-95 85-95 55-65 20-60 15-30 NP -15 0-20 65-85 60-80 45-70 30-60 25-35 NP -15 10-30 40-80 30-70 10-25 0-10 NP 0-10 0-10 0-10 0-5 0-5 0-5 0-5 85-100 85-100 65-100 60-80 60-80 85-100 85-100 85-100 50-75 50-75 75-100 80-100 75-100 40-55 40-60 50-60 40-50 30-40 40-60 35-75 25-55 55-75 25-35 5-10 50-80 25-35 10-15 55-75 25-35 5-15 25-35 20-30 NP -10 35-50 25-30 5-10 15-25 20-30 NP -10 10-35 NP 20-35 75-90 70-85 60-75 45-60 25-30 5-10 30-50 50-65 45-60 40-60 35-50 25-35 5-15 35-50 50-70 45-65 30-55 15-35 20-30 NP -10 Soil Survey TABLE 14. --ENGINEERING INDEX PROPERTIES --Continued 1 1 Classification IFrag- 1 Percentage passing 1 Soil name and 'Depth' USDA texture I 1 Iments I sieve number-- 'Liquid 1 Plas- map symbol I 1 1 Unified 1 AASHTO 1> 3 1 1 I 1 1 limit 1 ticity 1 1 1 'inches' 4 1 10 1 40 1 200 I I index Pct I 1 Pct 1 In 1 87*: Tridell 0-2 Stony sandy loam 2-37 37-60 Very cobbly loam, extremely gravelly sandy loam, very stony fine sandy loam. Very gravelly sand, very stony loamy sand, extremely cobbly sand. CL -ML, SM -SC GM, GM -GC A-4, A-2 20-30 75-95 70-90 60-80 30-60 20-30 5-10 A-1, A-2 35-50 45-55 40-50 30-40 15-30 15-30 GP A-1 30-45 35-45 30-40 20-30 0-5 88*: Moyerson 0-5 5-16 16 Silty clay loam Silty clay, clay, clay loam. Unweathered bedrock. CL, CH CL, CH A-7 A-7 0-5 0-15 95-100 95-100 95-100 95-100 85-95 85-95 80-90 80-90 45-65 45-65 20-35 20-35 Rock outcrop. 89, 90, 91 Mussel 0-8 8-42 42-60 Loam Loam, sandy clay loam. Stratified gravelly silt loam to loamy sand. CL -ML, ML CL -ML, ML A-4 A-9 0 80-100 0 90-100 75-100 90-100 65-95 75-95 60-85 55-75 25-35 25-35 5-10 5-10 SM, ML, GM A-9 0 70-100 65-100 55-95 40-75 15-20 92 0-14 14-20 20-60 Loam Stratified stony loam to loamy sand. Very gravelly sand, very cobbly sand, extremely cobbly loamy sand. CL -ML A-4 SM -SC, A-4 CL -ML GM, SM, A-1 GP -GM, SP -SM 0 0-15 20-50 95-100 95-100 95-100 90-95 85-95 65-85 60-75 35-60 20-25 20-25 5-10 5-10 90-65 30-60 20-35 5-15 93 0-6 Rogert 6-17 17 Very stony sandy loam. Very gravelly sandy loam, very cobbly sandy loam, extremely gravelly sandy loam. Unweathered bedrock. See footnote at end of table. GP -GM, GM, SP -SM, SM GM, GP -GM A-1, A-2 30-95 15-70 15-70 10-50 5-30 A-1 10-50 20-50 20-50 15-35 5-20 NP Attachment 6 Authorization Letter Coffman Ranch/North Parcel ■ Subdivision Exemption Application ■ February 2004 November 5, 2003 REX AND JOANN COFFMAN 1837 County Road 100 Carbondale, CO 81623 Garfield County Planning Department 108 Eighth Street, Suite 201 Glenwood Springs, CO 81601 Re: Authorization to Represent To Whom it May Concern: By this letter, Rex and JoAnn Coffman hereby authorize TG Malloy Consulting, LLC to represent us in matters related to the land use application for our property located in Garfield County. This includes the preparation and submission of the land use application and representation of this application before the applicable appointed and elected boards. We are seeking Subdivision Exemption approval from Garfield County to allow the creation of three small lots on the north parcel of our property. Sincerely, Rex Coffman cc: Tim Malloy Coffman Ranch/North Parcel ■ Subdivision Exemption Application ■ Attachment 7 BOCC Resolution No. 2003-60 February 2004 1 111111111111 11111111111 11111111111111111111111111111111 633906 08/12/2003 1115A B1504 P481 M ALSDORF 11 1 of 7 R 0 00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs on, Monday, the 10th day of November A.D. 2002, there were present: John Martin , Commissioner Chairman Larry McCown , Commissioner Walt Stowe , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Ed Green , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2n03-60 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE DEFINITION OF SUBDIVISION IN THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR REX AND JOANN COFFMAN WHEREAS, Rex and JoAnn Coffman petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "subdivision" and "subdivided land" under C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984, Section 8:00 through 8:60 and for the division of a 153 acre tract as described in Book 1189, Pages 263-265, at Reception No. 564030, as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into four (4) tracts of approximately 4.29, 4.29, 4.29 and 140.10 acres each with the exemption parcels more practically as follows: Parcel 1 Parcel 2 Parcel 3 Parcel 4 See Parcel Description Attached See Parcel Description Attached See Parcel Description Attached See Parcel Description Attached (in the State of Colorado and the County of Garfield); and 1 1 111E1111 111111 111111111111111 1111E11 113 11111111 633906 08/12/2003 11:15A B1504 P482 M ALSDORF 2 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that the proposed division does not fall within the purposes of Part 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason that the division does not warrant further subdivision review; and WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reasonable probability of providing a adequate source of water to each of said parcels, that there will be adequate ingress and egress to said parcels, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is not part of an existing or larger development and does not fall within the general purposes and intent of the Subdivision Regulations of the State of Colorado and the County of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended; and NOW THEREFORE, BE IT RESOLVED that the division of the above described approximately 153 acre parcel is hereby exempted from such definitions and may be conveyed in the form of the "Parcel 1", "Parcel 2", "Parcel 3" and "Parcel 4" of the CofGnan, as are more fully described above and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this 11th day of August, A.D. 2003 ATTEST'" 0, T� A ejrk'af. theBoard•'\C" 1 0 - kjpon.ptiori duly made and seconded the foreg following vote: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT , Aye , Aye 1111111 1 11111111111 VIII IIII 111111 MEM 11111 1111 1111 633906 08/12/2003 11:15A 61504 P483 M ALSDORF II3 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 . County Clerk and ex -officio Clerk of the Board of County Commissioners 3 1 1 111111 11111 111111 mil 1111 111111 111111 ill 11111 1111 1111 633906 08/12/2003 11;15A 61504 P484 M ALSDORF 4 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO Meer( Cel - P 941 A PARCEL OF LAND SITUATED IN GOVERNMENT LOTS 16 AND 23, SECT10N 36, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT A POINT ON THE SOUTH UNE OF SAID LOT 23 ROOM WHCH THE SOUTHEAST CORNEA OF 'SMD LOT 23 ALSO BIEINS1 THE SOUTH 1/4 CORNER OF SAD SECTION 38 SEARS B89,24'32'E A DISTANDE OF 728.04 FET; TACE LEAVING SAID SOUTH LINE F 001E. A DISTANCE OF 682.72 MET; 11115NCE 8.8614'00"W. A DISTANCE OF 31.76 FILET; TE NON sAractorw. A DEOTANOE OF 5293 FEET; THENCE N.79"14' 00"W. A DISTANCE OF 97.63 FEET; THENCE N.00'00'03"W. A DISTANCE OF 90.21 FEET TO A POINT ON TWE NOMN UNE OF SAID LOT 23;, THENCE LEAVING SAID NORTH UNE 101,0018120'E. A DISTANCE OF 13.17 RET TO A POINT ON THE SOUTHERLY RIGHT -OP -WAY 1J19E OF THE DENVER AND RIO GRAND wasTEMN RAL ROAD THENCE ALONG SAID ' SOUTHERLY UNE k1855'OrE. A DISTANCE OF 308,96 FffiT; THENCE LEAVING SAID SOUTHERLY UNE S.O019'561E. A DISTANCE OF 744.53 FEET TO A POINT ON THE SOUTH UNE OF SAID LOT 23; THENCE N.0924'32'W., ALONG SAID SOUTH UNE A DSTANCE OF 227.99 FEET TO THE POINT OF BEGINNING. NdING. SAID PARCEL CONTAINING 4.293 ACRES, MORE OR LESS. 1 1111111 IIID 1111111111111II IIIIII IIII111111IIII II111III 633906 08/12/2003 1115A B1504 P486 M ALSDORF 11 6 of 7 1 I 1 1 1 1 1 1e 1 1 1 1 1 1 1 R 0 00 0 0,00 GARFIELD COUNTY CO pg 1Y DESOI flO - PAC 12 A PARCEL OF LAND SITUATED IN GOVERNMENT LOTS 16 AND 23, SECTION 38, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING MORE PARI1CULARLY oescvuseo AS FOLLOWS BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT 23 FROM WHICH THE SOUI1.4EAST CORNER OF SAID LOT 23 ALSO BBING THE SOUTH 1/4 CORNER OF SAID SECTION 36 BEARS 8.8914'32'E. A DISTANCE OF 247.04 PEE.rT; THENCE N.8724'321'W. ALONG SAID SOUTH UNE A DISTANCE OF 250.01 FIST; THENCE LEAVING SAID SOUTH UNE N.0079'56'W. A DISTANCE OF 744.53 FEET TO A POINT ON THE SOUTHERLY R0 -if -OF -WAY LINE OF THE DENVER AND P10 GRAND WESTERN RAIL ROAD; THENCE ALONG SAID SOUTHEILY UNE 108'55'09'E. A DISTANCE 01 249:98 FEET; THENCE LEAVING SAID SOUTHERLY UNE S.0029'56'E A DISTANCE OF 751.82 N* i TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 4.293 ACRES, EtiS, MORE OR LESS. 1 1111111 11111 111111 1111111111 E 111II►1111111111111111 633906 08/12/2003 11:15A 81504 P485 M ALSDORF 1 5 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO PROPERTY DESCRIPTION - PARCEL- 43 A PARCEL OF LAND SITUATED IN GOVERNMENT LOTS 16 AND 23, SECTION 36, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SLXTH PRINCIPAL MERIDIAN BEIN(YAORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTH 1/4 CORNER OF SAID SECTION 36 ALSO BEING THE SOUTHEAST CORNER OF SAID LOT 23 FROM WHICH THE WITNESS CORNER TO SAID 1/4 CORNER BEARS NOFtTM A DISTANCE OF 396.00 FEET; THENCE N.89' 24'32'W. ALONG THE SOUTH LINE OF SAID LOT 23 A DISTANCE OF 247.04 FEET; THENCE LEAVING SAID SOUTH UNE N.00 29 56'W. A DISTANCE OF 751.62 rtt 1 TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY UNE OF THE DENVER AND RIO GRAND WESTERN RAIL ROAD; THENCE ALONG SAID SOUTHERLY LINE N.8•55'09'E. A DISTANCE OF 7.92 FEET; 'THENCE CONTINUING ALONG SAID SOUTHERLY UNE AND ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 6175.78 FEET, DELTA ANGLE OF 0210'58', ARC DISTANCE OF 239.19 FEET AND A CHORD BEARING OF N.8749'39'E. FOR 239.17 FEET; THENCE LEAVING SAID SOUTHERLY UNE S.0729'56'E. A DISTANCE OF 783.59 I -t) TO THE POINT OF BEGINNINC3. SAID PARCEL CONTAINING 4.293 ACRES, MORE OR LESS. 1111111 11 1111111 II111I IN Until 1111111111111 633906 08/12/2003 11:15P B1504 P487 M RLSDORF I 7 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO PROPERTY DESOFEMON - FARM.' M4 1 1 1 1 1 1 1 1 11 1 1 I1 A PARCEL OF LAND SITUATED IN GOVERNMENT LOT 21, 22 AND POFTFIONS OF 16, '17, AND 23, SECTION 36 TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, A PORTION OF LOT 14, SEC'T1ON 31, TOWNSHP 7 8OUTH RANGE 87 WEST OF THE: SIXTH PRINCIPAL MERIDIAN, LOTS 1 AND 2, SECTION 1, TOWNSHIP 8 SOUFNI RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FO(LC BEGINNING AT THE 1/4 CORNEA COMMON TO SAID SECTIONS 1 AND 36 (WHENCE THE WITNESS CORNER TO SAD 1/4 CORNER BEARS NORTH 396.00 FEET); THENCE N.00 -29 16'W. 763.59 FIST, TO A PONT 014 THE SOUTHERLY RIGHT OF WAY OF THE DENVER AND RIO GRANO YieSTEF Ri;MUIOA ; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY AND ALONG A OURVE TO 114E LEFT HAVNG A RADIUS OF 6275.78 FST, A DELTA ANGLE OF 05'2118' AN ARC DISTANCE OF 586.67 FEET, A CHORD BEAD OF N 403'25 E. AND A CSD DISTANCE OF 586.45 FEET; THENCE CON1114UINQ ALONG SAID SOUTHERLY RICHT OF WAY K8!''22'43'E. 2638.65 MT TO A POW ON THE EAST UNE OF SAIt3 LOT 14 'THENCE $. '00'E. AtONG$ D EAST LINE 431.39 FEET, TO 111E SAT CORNER OF SAID LOT 1;4; THENCE 39910'00V. ALONG THE SOUTH UNE OF SAID LOT 14 512.04 FEET, TO A POINT ON THE BAST UNE OF SAD SECTION 86, ALSO BeNo THE NORTHEAST CORNER OF SAID LOT 21; THENCE 1S:0O'00'33'W. ALONG THE EAST UNE OF SAID SECTION 36 716.86 FEET, TO THE NOM EAST CORNER OF SAID SECTION 1, ALSO SENO THE NORTHEAST CORNER OF SAID LOT 1; THENCE S.Of0417'E. ALONG THE EAST UNE OF SAID LOT 1,1309.93 FEET, TO THE SOUTHEAST CORNER OF' SAD LOT 1; THENCE S.89'20'32'W. ALONG THE SOUTH UNE OF SAID LOT 1 AND SAID LOT 2 2676.34 F LT, TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE N.OT08'38'W. ALONG THE WEST UNE OF SAID LOT 21276.54 FEET TO THE POINT OF BEGINNING SAID PARCEL CONTAINING 140.09 ACRES, MORE OR LESS. Attachment 8 Assessor's Office Legal Description Printout Coffman Ranch/North Parcel ■ Subdivision Exemption Application ■ February2004 Account: Tax Year: Parcel: Mill Levy: Estimated Tax: * This Mill Levy is R111312 2002 246301100016 58.023000 1,694.85 from the most recent tax roll a COFFMAN, REX A. & JOANN G. 1837 COUNTY ROAD 100 CARBONDALE, CO 81623-9532 001837 100 COUNTY RD CARBONDALE, CO 81623 ssessment n ormation Account Type: Version: Area ID: APR District: Status: 20020625000 011 A SECT,TWN,RNG:1-8-88 DESC: SEC 1. LOTS 1(40. AC), 2(40.AC). 7-87 SEC 31. LOT 14(16.42AC) EXCEPT THAT PART OF THE DRGW RR ROW & CO RD CONT. 2.50AC. 7-88 SEC 36. LOTS12(13.98AC), 13(13.1 IAC), 16(36.04AC), 17(85.57AC) 21(23.03AC) 22 (22.28). EXCEPT 12.AC OF CO RD & DRGW RR ROW, ALSO ALL THAT PART OF LOT 23(11.02AC) LYING ELY. ALSO A TR. IN LOT 15(2.56AC). ALSO A TR. IN LOT 15(2.AC). BK:0587 PG:0952 BK:0532 PG:0778 BK:0364 PG:0109 BK:1361 PG:74 RECPT:604855 BK:0765 PG:0933 BK:0763 PG:0727 PRE:R011608 AND/THRU:& TO:R011609 secs SQUARE FEET 42,320 176,750 219,070 12,270 16,940 29,210 0 291.710 0 29,210 42,320 176,750 219,070 12,270 16,940 29,210 0 291.710 0 29,210 Garfield County Attachment 9 Water Allotment Contract Coffman Ranch/North Parcel ■ Subdivision Exemption Application ■ February2004 BASALT WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT NO. 430 Pursuant to C.R.S. 1973, 37-45-131 Rex A. Coffman and JoAnn G. Coffman (hereinafter "Applicants") have applied to the Basalt Water Conservancy District (hereinafter the "District"), a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of Colorado Revised Statutes, 1973, 37-45-101, et seq., for an allotment Contract for beneficial use of water rights owned, leased, or hereafter acquired by the District. By execution of this Contract, Applicants agree to the following terms and conditions and those certain terms and conditions set forth in the attached Order, which is fully incorporated as a part of this Contract: 1. QUANTITY: In consideration of the covenants and conditions herein contained, Applicants shall be entitled to receive and apply to beneficial use 0.10 cubic feet of water per second from the District's direct flow rights and 1.10 acre feet per year of storage or other augmentation water owned or controlled by the District. Applicants shall restrict actual diversions and consumptive use under this Contract to these amounts. The Contract amount is based on the water requirements table attached hereto as Exhibit B. Any increase or change in the water requirements to be served by the District will require an amendment to the subject Contract. 2. SOURCE OF ALLOTTED WATER: Water rights allotted pursuant to this Contract shall be from the District's water rights decreed to the Basalt Conduit, Landis Canal, Stockman's Ditch Extension, Troy and Edith Ditch, Robinson Ditch, or other water rights hereafter acquired by the District, including the District's right to receive storage water from Ruedi Reservoir and Green Mountain Reservoir. The District shall have the right to designate the water right or Decree of the District from which the Applicants' allotted rights shall be obtained. The Applicants' use of any of the District's water rights shall be subject to any and all terms and conditions imposed by the Water Court on the use of the District's said rights. Exchange or augmentation releases made from the District's storage rights in Ruedi or Green Mountain Reservoirs or other works and facilities of the District shall be delivered to the Applicants at the outlet works of said storage facility and release of water at such outlet works shall constitute full performance of the District's delivery obligation. Delivery of water from the District's storage rights in Ruedi or Green Mountain Reservoir shall be subject to the District's lease contract with the United States Bureau of Reclamation and any rules and regulations promulgated pursuant thereto. Releases from other facilities available to the 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 make exchange releases from structures E:\WP.Doo4G07\$wa7\CLIEN 9 of 44. R. A. and JoAnn GU(47PX 470. An. A.wpd 1 that may be built or controlled by the District in the future, so long as the water service to the Applicants pursuant to this agreement is not impaired by said action. 3. PURPOSE AND LOCATION OF USE: Applicants will use the water rights allotted pursuant to this Contract for beneficial purposes by diversion at Applicants' point of diversion under the District's direct flow water rights and/or for use by augmentation or exchange. Applicants will use the water allotted by the District within or through facilities or upon lands owned, operated, or served by Applicants, which lands are described on Exhibit A attached hereto; provided that the location and purpose of Applicants' use of said water shall be legally recognized and permitted by the applicable governmental authority having jurisdiction over the property served. Applicants' contemplated usage for the water allotted hereunder is for the following use or uses: X Domestic/Municipal _ Industrial _ Commercial Agricultural Other It is acknowledged that certain locations within the District may not be susceptible to service solely by the District's water rights allotted hereunder or the District's said water rights may not satisfy Applicants' needs and purposes. To the extent that service cannot be achieved by use of the District's allotted water rights, or in the event said service is inadequate, Applicants may utilise such other water rights, by way of supplementing the District's water rights, or otherwise, as is necessary to assure water service sufficiently reliable for Applicants' intended purpose or purposes. All lands, facilities and areas served by water rights allotted hereunder shall be situated within the boundaries of the District. Any quantity of the Applicants' allocation not delivered to or used by Applicants by the end of each water year, shall revert to the water supplies of the District. Such reversion shall not entitle Applicants 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 State Engineer 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. The District, or anyone using the District's decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, but not at the original point of diversion, only as against water rights which are junior to the date of application for the alternate point of diversion. EAW P.Doco KonTowcd\CLIFNf4,C (/awn Rea A. ud JoAnn OK 43N 4 . Ms Awed 2 In the event the Applicants intend to institute any legal proceedings for the approval of an augmentation plan and/or any change to an alternate point of diversion of the District's water right to allow the Applicants to utilise the water allotted hereunder, the Applicants shall give the District written notice of such intent. In the event the Applicants develop and adjudicate an alternate point of diversion and/or an augmentation plan to utilize the water allotted hereunder, Applicants shall not be obligated to bear or defray any legal or engineering expense of the District incurred by the District for the purpose of developing and adjudicating a plan of augmentation for the District. In any event, the District shall have the right to approve the Applicants' application for change of water right, and/or augmentation plan or other water supply plan involving the District's rights, and the Applicants shall provide the District copies of such application and of all pleadings and other papers filed with the Water Court in the adjudication thereof. The District reserves the exclusive right to review and approve any conditions which may be attached to judicial approval of Applicants' use of the District's water rights allotted hereunder. Applicants agree to defray any out-of-pocket 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 adjudication necessary to allow Applicants' use of such allotted water rights; provided, however, in the event any such adjudication involves more of the District's water rights than are allotted pursuant to this Contract, Applicants shall bear only a pro -rata portion of such expenses. Applicants shall be solely responsible for providing the structures, works and facilities, if any, necessary to utilize the District's water rights allotted hereunder for Applicants' beneficial use. 4. PAYMENT: Applicants shall pay annually for the water service described herein at a price to be fixed annually by the Board of Directors of the District for such service. Payment of the annual fee shall be made, in full, within fifteen (15) days after the date of a notice from the District that the payment is due. Said notice will advise the Applicants, among other things, of the water delivery year to which the payment shall apply and the price which is applicable to that year. If a payment is not made by the due date, a late fee of $50 (or such other amount as the Board may set from time to time) will be assessed and final written notice of the delinquent account and late fee assessment will be sent by the District to the Applicants at Applicants' address set forth below. If payment is not made within thirty (30) days after said final written notice, the District may, at its option, elect to terminate all of the Applicants' right, title, or interest under this Contract, in which event the water right allotted hereunder may be transferred, leased or otherwise disposed of by the District at the discretion of its Board of Directors. In the event water deliveries hereunder are made by or pursuant to agreement with some other person, corporation, quasi -municipal entity, or governmental entity, and in the E:\WP-Doo \ICsoADINcENCIJENrS,Coffmn. Re A and Joann GMK 430%430. Am. A.wpd 3 event the Applicants fail to make payments as required hereunder, the District may, at its sole option and request, authorize said person or entity to curtail the Applicants' water service pursuant to this Contract, and in such event neither the District nor such persons or entity shall be liable for such curtailment. 5. APPROPRIATION OF FUNDS: The Applicants agree that so long as this Contract is valid and in force, Applicants will budget and appropriate from such sources of revenues as may be legally available to the Applicants the funds necessary to make the annual payments in advance of water delivery pursuant to this Contract. The Applicants will hold harmless the District and any person or entity involved in the delivery of water pursuant to this Contract, for discontinuance in service due to the failure of Applicants to maintain the payments herein required on a current basis. 6. BENEFIT OF CONTRACT: The water right allotted hereunder shall be beneficially used for the purposes and in the manner specified herein and this Contract is for the exclusive benefit of the Applicants and shall not inure to the benefit of any successor, assign, or lessee of said Applicants without the prior written approval of the Board of Directors of the District. Upon the sale of the real property to which this Contract pertains, Applicants have a duty to make the buyer aware of this Contract and the need to assign the Contract to the buyer. However, prior written approval of the Board of Directors of the District is required before the assignment is effective. Payment of an assignment fee in an amount determined by the Board shall be required as a prerequisite to approval of the assignment. In the event the water right allotted hereunder is to be used for the benefit of land which is now or will hereafter be subdivided or otherwise held or owned in separate ownership interest, the Applicants may assign the Applicants' rights hereunder only to a homeowners association, water district, water and sanitation district or other special district, or other entity properly organized and existing under and by virtue of the laws of the State of Colorado, and then only if such association, entity or special district establishes to the satisfaction of the Basalt Water Conservancy District that it has the ability and authority to assure its performance of the Applicants' obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicants' property to be served under this Contract have any rights hereunder, except as such rights may exist through a homeowners association or special district as above provided. Any assignment of the Applicants' rights under this Contract shall be subject to and must comply with such requirements as the District has adopted or may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors, provided that such requirements shall uniformly apply to all allot - R. A. and JoAnn G-1(ItAK 431 Arm A.vpd -4- tees receiving District service. The restrictions on assignment as herein contained shall not preclude the District from holding the Applicants, or any successor to the Applicants, responsible for the performance of all or any part of the Applicants' covenants and agreements herein contained. 7. OTHER RULES: Applicants' rights under this Contract shall be subject to the Water Service Plan as adopted by the District and amended from time to time; provided that such Water Service Plan shall apply uniformly throughout the District among water users receiving the same service from the District. Applicants shall also be bound by all applicable law, including, for example, the provisions of the Water Conservancy Act of the State of Colorado, the Rules and Regulations of the Board of Directors of the District, the plumbing advisory, water conservation, and staged curtailment regulations, if any, applicable within the County in which the water allotted hereunder is to be used, together with all amendments of and supplements to any of the foregoing. 8. CURTAILMENT OF USE: The water service provided hereunder is expressly subject to the provisions of that certain Stipulation in Case No. 81CW253 on file in the District Court in Water Division 5 of the State of Colorado, which Stipulation provides, in part, for the possible curtailment of out -of -house municipal and domestic water demands upon the occurrence of certain events and upon the District giving notice of such curtailment, all as more fully set forth in said Stipulation. 9. OPERATION AND MAINTENANCE AGREEMENT: Applicants shall enter into an "Operation and Maintenance Agreement" with the District if and when the Board of Directors finds and determines that such an agreement is required by reason of additional or special services requested by the Applicants and provided by the District or by reason of the delivery or use of water by the Applicants for more than one of the classes of service which are defined in the Rules and Regulations of the Board of Directors of said District. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard allotment contracts of the District and additional annual monetary consideration for extension of District services and for additional administration, operation and maintenance costs, or for other costs to the District which may arise through services made available to the Applicants. 10. CHANGE OF USE: The District reserves the exclusive right to review and approve or disapprove any proposed change in use of the water right 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. 11. PRIOR RESOLUTION: The water service provided hereunder is expressly EAWP.D.ocAlGail3wcdlCLIIN 9C.o lwn. Rea A. and JoAnn GSA 4.10 4( 470. An. A...pd 5 subject to that certain Resolution passed by the Board of Directors of the District on September 25, 1979, and all amendments thereto, as the same exists upon the date of this application and allotment Contract. 12. NO FEE TITLE: It is understood and agreed that nothing herein shall give the Applicants any equitable or legal fee title interest or ownership in or to any of the water or water rights of the District, but that Applicants are entitled to the right to use the water right allotted hereunder, subject to the limitations, obligations and conditions of this Contract. 13. COMPLIANCE WITH SECTION 404 OF THE CLEAN WATER ACT. Applicants shall comply with Section 404 of the Clean Water Act and consult with the Army Corps of Engineers to complete any Section 404 compliance that may be required as a result of the construction of any facilities necessary to use contract water. 14. CONSERVATION PRACTICES: Applicants shall implement and use com- monly accepted conservation practices with respect to the water and water rights allotted hereunder and shall be bound by any conservation plan hereafter adopted by the District, as the same may be amended from time to time. 15. WELL PERMIT: If Applicants intend to divert through a well, then Applicants must provide to District a copy of Applicants' valid well permit before the District is obligated to deliver any water hereunder, and it is the Applicants' continuous duty to maintain a valid well permit. Applicants shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Applicants must comply with the well -spacing requirements set forth in C.R.S. §37-90-137, as amended, if applicable. Compliance with said statutory well -spacing criteria shall be an express condition of the extension of service hereunder, and the District shall in no way be liable for an Applicants' failure to comply. Applicants agree to mark the well in a conspicuous place with the permit number. 16. MEASURING DEVICE OR METER: Applicants agree to provide, at their own expense, a totalizing flow meter with remote readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicants' water right and the terms of this Contract. On or before November 15 of each year, Applicants will provide accurate readings from such device or meter (recorded on a monthly basis for the period November 1 through October 30 of each year) to District, the Division Engineer and Water Commissioner. Applicants acknowledge that failure to comply with this paragraph could result in legal action to terminate Applicants' diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, Applicants hereby specifically allow District, through its authorized agent, to enter upon Applicants' property during ordinary E\WP.Doc.VC 'A+al\CLIENTACoffman. Pn A. and JoAnn Q 4.3.7K 430. Ana A.wpd 6- business hours for the purposes of determining Applicants' actual use of water. 17. CONTRACT TERMINATION: A. Termination by District: 1. The District may terminate this Contract for any violation or breach of the terms of this Contract by Applicants. 2. The District may terminate this Contract if, in its discretion, any judicial or administrative proceedings initiated by Applicants threaten the District's authority to contract for delivery or use of the District's water rights, or threaten the District's permits, water rights, or other interests of the District. B. Termination by Applicants: 1. Applicants may terminate this Contract in its entirety for any reason by notifying the District in writing of the termination on or before Apri11. Notice by said date will prevent the Applicants' liability for the next annual contract charge. 18. RECORDING OF MEMORANDUM: In lieu of recording this Water Allotment Contract, a Memorandum of Water Allotment Contract will be recorded with the Garfield County Clerk and Recorder's Office. The costs of recording the Memorandum shall be paid by Applicants. Applicants' Address: Rex A. Coffman and JoAnn G. Coffman 1837 County Road 100 Carbondale, CO 81623 Telephone: (970) 963-2375 STATE OF COLORADO ) E\W P.DooWm\Bwod\Q.IENTS Cd(wn. Pu A. end IoAnn 4VC 4.10‘.1( 430. Aro Awpd 7 cants: 4 CA Rex A. Coffman n G. Coffman ) ss. COUNTY OF GARFIELD ) ( ,, I Subscribed and sworn to before me this o/ Y ` day of /Vd b , 2003, by Rex A. Coffman and JoAnn G. Coffman. WITNESS my hand and official seal. My commission expires: DAPHNE PEDERSEN Notary Public State of Texas Comm. Exp. 3-13-2006 EAW P.DooyGNABwal CLIPMACoffvun. Rea A. and JoAnn GU( UUJ(Ala Art. A.wpd 8 Notary Public ORDER GRANTING APPLICATION FOR ALLOTMENT CONTRACT CONTRACT NO. 430 Application having been made by or on behalf of Rex A. Coffman and JoAnn G. Coffman and hearing on said Application having been duly held, it is hereby ordered that said Application be granted and that the attached Water Allotment Contract for 0.10 cubic feet of water per second from the District's direct flow rights and 1.10 acre feet per year of storage/augmentation water owned or controlled by the District is hereby approved and executed by and on behalf of the Basalt Water Conservancy District, for the beneficial use of the water allotted in the attached Contract, upon the terms, conditions and manner of payment as therein specified and subject to the following specific conditions: 1. The Applicants have acknowledged that the land to be benefitted by the attached Contract is described on Exhibit A attached hereto and incorporated herein by this reference. 2. In the event of the division of the property served by this Contract into two or more parcels owned by different persons, the Applicants shall establish a Homeowners Association or other entity acceptable to the District for the ongoing payment of charges due under the approved Contract following subdivision of the property. The Applicants shall give notice to purchasers of all or any part of the subject property of the obligation of this Contract, and shall record such notice in the records of the Clerk and Recorder of Garfield County, Colorado. Applicants and their successors and assigns shall comply with all rules and regulations now existing or hereafter adopted by the District, induding to enforce payment of charges due under the approved Contract by present and future owners of all or any part of the real property served under this Contract. 3. Any allotment of less than 1.0 acre foot of storage water in Paragraph 1 of the attached Contract shall be deemed 1.0 acre foot for purposes of establishing the annual water service charge for such water allotment. 4. The Applicants shall provide the District proof that the proposed land use of the land to be benefitted by the water allotted hereunder has been approved by the applicable governmental authorities having jurisdiction over such land use, including evidence satisfactory to the District that each lot or parcel to be benefitted hereunder is legally subdivided. 5. Any well permits issued on the basis of this Allotment Contract shall be applied for and issued in the name of the Applicants. ENP-O.n,Kmi\B. &C1IEMSC.dfe.. i.. A W J.Ar 00,01 ,d. K 170. As Ayd -1- 6. By acceptance of this Contract, Applicants acknowledge that within two years of the date hereof or such later date as the District may approve, the Applicants shall file with the Water Court of Water Division No. 5 a water rights plan of augmentation for utilisation of water allotted hereunder at the location and for the purposes hereinabove set forth, or the Applicants' water allotment as provided in this Contract may be included in a water rights plan of augmentation to be filed by the District with the expenses thereof to be shared prorata by the Contract holders included in such plan; provided that inclusion of the Applicants' water allotment in the District's plan of augmentation shall be at the District's sole discretion. In the event the District includes the Applicants' water allotment in the District's Application for a plan of augmentation, the Applicants acknowledge that execution of the subject contract constitutes waiver of any notice of the application for the plan for augmentation by the Water Referee or the Water Clerk under C.R.S. § 37-92-302(3)(c)(I). Applicants will provide such information and assistance, including testimony, as may be needed for judicial approval of the plan. The District makes no warranty that it will secure approval of the plan. The District may establish an augmentation plan fee to be paid by the holder of any Contract or amended Contract to be included within a plan of augmentation to be filed by the District, which fee shall be payable in advance of the inclusion of such Contract in a District plan of augmentation and may be based on the District's good faith estimate of the anticipated expense of such plan of augmentation. If such augmentation plan fee paid by a Contract holder exceeds the Contract holder's prorata portion of the actual expenses incurred by the District in completing said plan of augmentation, the District shall refund such excess to the Contract holder. Conversely, if such augmentation plan fee paid by the Contract holder does not cover the Contract holder's prorata portion of the actual expenses incurred by the District in completing said plan of augmentation, then Applicants shall pay the remaining balance of their portion of the actual expenses upon the District's providing the holder with a statement for the same. To the extent that the District is caused additional costs because of objections filed specifically due to the inclusion of Applicants' Contract in the filing, such additional costs may be charged specifically to Applicants and not shared on a prorata basis by all Contractees. 7. Any and all conditions imposed upon the release and diversion of water allotted hereunder in any water rights plan of augmentation or other water rights decree of the Water Court for Water Division No. 5 shall be incorporated herein as a condition of approval of this contract. Granting of this allotment contract does not constitute the District's representation that the Applicants will receive a well permit or water rights decree for the land to be benefitted hereby. 8. If Applicants intend to divert water through a well or wells, Applicants shall provide the District a copy of Applicants' valid well permit for each such well before the ENR Doolcare B.adCUENTSCo®se. Ila A ud loAa GVC 11010nln. K 110. Nr Avpd -2- District is obligated to deliver water for the benefit of Applicants hereunder. Applicants must comply with the well -spacing requirements set forth in C.R.S. §37-90-137, as amended, if applicable. Compliance with said statutory well -spacing criteria shall be an express condition of the extension of service hereunder, and the District shall in no way be liable for an Applicants' failure to comply. Attest: By: Approved this 11th day of November, 2003. BASALT WATER CONSERVANCY DISTRICT tate -x, 1 � By: Barbara Mick - Secretary Arthur Bowles, President -3- LEGAL DESCRIPTION NORTH PARCEL A PARCEL OF LAND SITUATED IN GOVERNMENT LOTS 12, 13, 15, 16, AND 17 OF SECTION 36 TOWNSHIP 7 SOUTH, RANGE 88 WEST, OF THE SIXTH PRINCIPLE MERIDIAN; ALSO IN LOT 14 OF, SECTION 31, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPLE MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 14 WHENCE THE NORTHEAST CORNER OF SECTION 1, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARS S.13°22'07"W. 2162.73 FEET; THENCE S.0030'00"E., 716.87 FEET ALONG THE EAST LINE OF SAID GOVERNMENT LOT 14; THENCE ALONG A FENCE LINE BEING THE NORTHERLY RIGHT OF WAY OF COUNTY ROAD 100 THE FOLLOWING FOURTEEN (14) COURSES: 1) S.79°49'23"W. A DISTANCE 2) S.73°31'13"W. A DISTANCE 3) S.69°43'21 "W. A DISTANCE 4) S.74°47'25"W. A DISTANCE 5) S.81°33'50"W. A DISTANCE 6) S.81 ° 11'21 "W. A DISTANCE 7) S.81°30'50"W. A DISTANCE 8) S.83°53'04"W. A DISTANCE 9) S.86°2426"W. A DISTANCE 10) S.87°37'15"W. A DISTANCE OF 47.57 FEET; OF 120.98 FEET; OF 189.48 FEET; OF 129.37 FEET; OF 622.29 FEET; OF 701.96 FEET; OF 984.74 FEET; OF 314.48 FEET; OF 159.69 FEET; OF 112.30 FEET; 11) S.89°05'08"W. A DISTANCE OF 423.29 FEET; 12) S.88°16'36"W. A DISTANCE OF 122.16 FEET; 13) N.88° 14' 12"W. A DISTANCE OF 146.07 FEET; 14) N.83°44'01 "W. 61.10 FEET TO THE SOUTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED IN PLAT BOOK 763 PAGE 727; THENCE CONTINUING ALONG SAID FENCE LINE AND THE NORTHERLY RIGHT OF WAY OF COUNTY ROAD 100 THE FOLLOWING FIVE (5) COURSES: 1) N.88°09'40"W. A DISTANCE OF 178.03 FEET; 2) S.89°41'20"W. A DISTANCE OF 149.39 FEET; 3) S.89°04'10"W. A DISTANCE OF 283.80 FEET; 4) S.88°44'28"W. 30.21 FEET TO THE SOUTHEAST CORNER OF A PARCEL OF LAND AS DESCRIBED IN PLAT BOOK 765 PAGE 933; 5) S.88°44'33"W. 511.81 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND AS DESCRIBED IN PLAT BOOK 765 PAGE 933.; THENCE N.15°30'44"E., 192.83 FEET; THENCE S.87°21'45"E., 227.54 FEET; THENCE N.79°07'46"E., 120.81 FEET; THENCE S.84°37'27"E., 114.68 FEET TO THE NORTHEAST CORNER OF A TRACT OF Exhibit A (CONTINUED) LAND AS DESCRIBED IN PLAT BOOK 765 PAGE 727; THENCE S.84°37'27"E., 88.95 FEET; THENCE S.81 °41'42"E., 67.60 FEET; THENCE N.82°04'26"E., 266.62 FEET; THENCE N.79°04'46"E., 220.50 FEET; THENCE N.02°44'09"E., 115.26 FEET; THENCE N.22°09'51 "E., 22.78 FEET TO A POINT ON THE WESTERLY LINE OF SAID GOVERNMENT LOT 16; THENCE N.00°10'33"W., 1412.92 FEET ALONG THE WESTERLY LINE OF SAID GOVERNMENT LOT 16 TO THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 13; THENCE N.00°10'33"W., 674.92 FEET ALONG SAID WESTERLY LINE TO THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 13 (WHENCE THE WITNESS CORNER BEARS S.00°10'33"E.,10.00 FEET); THENCE N.89°03'22"E., 885.38 FEET ALONG THE NORTHERLY LINE OF SAID GOVERNMENT LOT 13 TO THE NORTHWEST CORNER OF SAID LOT 12; THENCE N.89° 12'48"E., 494.20 FEET ALONG SAID NORTHERLY LINE TO THE NORTHEAST CORNER OF SAID LOT 12; THENCE S.00°45'20"E., 697.53 FEET ALONG THE EASTERLY LINE OF SAID GOVERNMENT LOT 12, TO THE SOUTHEAST CORNER OF SAID LOT 12; THENCE S.00°26'40"E., 602.39 FEET ALONG THE EASTERLY LINE OF GOVERNMENT LOT 17 TO AN ANGLE POINT ON THE NORTHERLY LINE OF SAID GOVERNMENT LOT 17; THENCE N. 88°31'40" E., 2683.86 FEET TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 14, SAID POINT ALSO BEING THE POINT OF BEGINNING FOR THIS DESCRIPTION, CONTAINING 141.88 ACRES MORE OR LESS. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Z LL LL 0 X W Ce G) 0 U 0 8 0 LO LO C) N G) m 0 N N 0 W 0) lg 0 Maximum Demand 5 a U (13) Source of Aug/Replace 22:E20ODo022:E zzzzaommwwzzz Consumptive Use (7) (8) (9) (10) (11) (12) Domestic Commercial Lawn Crop In-house or Other Irrigation Irrigation Livestock TOTAL oo0`B88ER"372goo 000000000000 0 0 0 0 0 0 0 0 0 0 0 0 0 0.000 O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 000'0 0 0 0 0 .- , 8 0 8 0 0 6 0 0 0 0 0 0 0 0 0 0 0 0 cvr- O 0 0 0 0 0 0 0 0 0 0 0 0 0 000000000000 000000000000 o Total Demand (1) (2) (3) (4) (5) (6) Domestic Commercial Lawn Crop In-house or Other Irrigation _ Irrigation Livestock TOTAL 8NNCiR§(h F1N 000000000000 N pi O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0.000 O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 O 0 00000 cANPI g O V O O o O O o O O o o O O 0.905 0 0 0 0 0 0 0 0 0§ 0 0 O O O o 0 0 0 0 0 0 0 0 0.000 8 2 2§(842N2N 0 0 0 o O O o o O O O o ('7 oi 0 0 W ZJo to_c al 0 E dta c.0 c _, a > c),cT "clSo iu..2�22)',Qcnoz0 TOTALS —> 0 # of Livestock © 11 gals/day LO % CU for Domestic/Commercial 8 8 c 0 3) w c 0 0. E co co rn 0 O Lei• rl U1 w U z w 0 w U1 U - LU w Et 70 0 LL E O 111w w• C C 03 0 5niim 0 a 0) Z qt 4k CommerciaUOther Demand (af) U 10 v=° 2 w m o .� Q t C .° 3 tei a 0 4 LLc cr U) J 8§ 00 Exhibit B COLORADO DIVISION OF WATER RE URCES DEPARTMENT OF NATURAL RESOUkL:ES 1313 SHERMAN ST., RM 818, DENVER, CO 80203 phone - info: (303) 866-3587 main: (303) 866-3581 fax: 303) 866-3589 http://www.water.state.co.us RESIDENTIAL Note: Also use this form to apply for livestock watering Water Well Permit Application Review instructions on reverse side prior to completing form. The form must be completed in black ink. 1. Applicant Information Name of applicant Rex and Joann Coffman Mailing address 1837 CR 100 City Carbondale Stale -I Zip code CO 81623 Telephone # (970) 963-2375 2. Type Of Application (check applicable boxes) Office Use Only Form GWS -44 (6/2003) Z Construct new well ❑ Replace existing well ❑ Change source (aquifer) ❑ Other: ❑ Use existing well ❑ Change or increase use ❑ Reapplication (expired permit) 6. Use Of Well (check applicable boxes) See instructions to determine use(s) for which you may qualify ❑ A. Ordinary household use in one single-family dwelling (no outside use) E B. Ordinary household use in 1 to 3 single-family dwellings: Number of dwellings: 3 E Home garden/lawn irrigation, not to exceed one acre: area irrigated 15.000 ISI sq. ft. ❑ acre ❑ Domestic animal watering - (non-commercial) ❑ C. Livestock watering (on farm/ranch/range/pasture) 7. Well Data (proposed) Maximum pumping rate Annual amount to be withdrawn 45 gpm 3.3 acre-feet 3. Refer To (if applicable) Well permit # NA Designated Basin Determination # NA Water Court case NA Well name or # Coffman North Well 4. Location Of Proposed Well County Garfield NE 1/4 of the SW 1/4 Section i Township N or S Range E or W Principal Meridian 36 7 ❑ ® 88 O E I 6th Total depth Aquifer 100 feet Alluvium 8. Water Supplier Is this parcel within boundaries of a water service area? OYES E NO If yes, provide name of supplier: Distance of well from section lines (section lines are typically not property lines) 1625 Ft. from ❑NES 170 Ft. from E E 0 W For replacement wells only - distance and direction from old well to new well feet direction 9. Type Of Sewage System E Septic tank / absorption leach field ❑ Central system: District name: ❑ Vault: Location sewage to be hauled to: O Other (attach copy of engineering design and report) 10. Proposed Well Driller License #(optional): Well location address (if applicable) Optional: GPS well Location information in UTM format Required settings for GPS units are as follows: Format must be UTM Zone must be13 Units must be Meters Datum must be NAD27 (COWS) Unit must be set to true north Were points averaged? OYES ❑-NO • Northing Easting t5. Parcel On Which Well Will Be Located A.You must check andcomplete one of the following: E Subdivision: Name Coffman North Parcel Exemption Plat Lot 1,2,3 Block Filing/Unit ❑ County exemption (attach copy of county approval & survey): Name/# Lot # 11. Signature Of Applicant(s) Or Authorized Agent The making of false statements herein constitutes perjury in the second degree, which is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4-104 (13)(a). I have read the statements herein, know the contents thereof and state that they are true to my knowledge. SigryHere.Qvtust be original signature) Print name 8 title „AZ A. 3.4 I Date X12 to -d-3 ❑ Parcel less than 35 acres, not in a subdivision, attach a deed with metes and bounds description recorded prior to June 1, 1972 ❑ Mining claim (attach a copy of the deed or survey): Name/# ❑ Square 40 acre parcel as described in Item 4 ❑ Parcel of 35 or more acres (attach a metes and bounds description or survey) ❑ Other (attach metes F. bounds description or survey and supporting documents) B. # of acres in parcel 12 acres (4 acres each) C. Are you the owner of this parcel? ®YES 0 NO (if no - see instructions) D. Will this be the only well on this parcel? EYES ❑ NO (if no - list other wells) E. State Parcel ID# (optional): Office Use Only USGS map name WE WR CWCB TOPO MYLAR DWR map no. I Surface elev. Receipt area only S85 DIV WD BA MD Attachment 10 Well Permit Application Coffman Ranch/North Parcel ■ Subdivision Exemption Application is February2004 COLORADO DIVISION OF WATER R URCES DEPARTMENT OF NATURAL RESOUk.,ES 1313 SHERMAN ST., RM 818, DENVER, CO 80203 phone - info: (303) 866-3587 main: (303) 866-3581 fax: (303) 866-3589 http://www.water.state.co.us RESIDENTIAL Note: Also use this form to apply for livestock watering Water Well Permit Application Review instructions on reverse side prior to completing form. The form must be completed in black Ink. . Applicant Information Name 01 applicant Rex and Joann Coffman Mailing address 1837 CR 100 City Carbondale State CO Zip code 81623 1 elephone # (970) 963-2375 2. Type Of Application (check applicable boxes) ® Construct new well ❑ Replace existing well ❑ Change source (aquifer) ❑ Other: O Use existing well 0 Change or increase use O Reapplication (expired permit) 3. Refer To (if applicable) Well permit # NA Designated Basin Determination # NA Water Court case # NA Wet name or # Coffman North Well offissly� 1) .oifn.GWS-44 (6/2003) DEC r, ,03 t 1 2003 WATER RFSC ;RCF WA,Tc(3 R1.c"'"LGEB `T.ATE s+r,rr r.i4�,tr4' w COi.4. Erre / 75.0(7f( 6. Use Of Well (check applicable boxes) See instructions to determine use(s) for which you may qualify ❑ A. Ordinary household use in one single-family dwelling (no outside use) ® B. Ordinary household use 1 to 3 single-family dwellings: Number of dwellings:► ® Home garden/lawn irrigation, not to exceed one acre: area irrigated 15.000 ® sq. ft. 0 acre ❑ Domestic animal watering - (non-commercial) ❑ C. Livestock watering (on farm/ranch/range/pasture) 7. Well Data (proposed) Maximum pumping rate Annual amount to be withdrawn 45 9Pm 3,3 acre-feet Aquifer Alluvium Total depth 100 feet 8. Water Supplier 4. Location Of Proposed Well County -- — . -- ------ Garfield 1 NE v4ofthe 1 Tow ction nship N or S Range E or W Principal Meridian 36 SeI. 7 ❑ 0 188 ❑ 0 16th 'Distance of well from section lines (section lines are typically not property lines) 1625 Ft. from ❑ N 0 S 170 Ft. from 0 E 0 W For replacement wells only - distance and direction from old well to new well feet direction Well location address (if applicable) 1/4 Is this parcel within boundaries of a water service area? OYES ® NO If yes, provide name of supplier: 9. Type Of Sewage System ® Septic tank / absorption leach field O Central system: District name: O Vault: Location sewage to be hauled to: O Other (attach copy of engineering design and report) 10. Proposed Well Driller License #(optional): Optional: GPS well location information In UTM format Required settings for GPS units are as follows: Format must be UTM Zone must be13 Units must be Meters Datum must be NAD27 (CONUS) Unit must be set to true nonh Wsre points ucerapec;-❑''ES 0 NO - Northing Easting ...-. 5. Parcel On Which Well Will Be Located A.You must check and complete one of the following: ® Subdivision: Name Coffman North Parcel Exemption Plat Lot 1,2,3 Block Filing/Unit O County exemption (attach copy of county approval & survey): Name/# Lot # O Parcel less than 35 acres, not in a subdivision, attach a deed with metes and bounds description recorded prior to June 1, 1972 O Mining claim (attach a copy of the deed or survey): Name/# 0 Square 40 acre parcel as described in Item 4 ❑ Parcel of 35 or more acres (attach a metes and bounds description or survey) ❑ Other (attach metes & bounds description or survey and supporting documents) B. # of acres in parcel 12 acres (4 acres each) C. Are you the owner of this parcel? OYES ❑ NO (if no - see instructions) D, Will this be the only well on this parcel? OYES ❑ NO (if no - list other wells) E. State Parcel ID# (optional): 11. Signature Of Applicant(s) Or Authorized Agent The making of false statements herein constitutes perjury in the second degree, which is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4-104 (13)(a). I have read the statements herein, know the contents thereof and state that they are true to my knowledge. Sigyhere ((vtust be original signature) 1 Date 1 i12 -10-a3 Print name & title Office Use Only USGS map name WR CWCB TOPO + 77�� MYLAR „ 1 r_I ):AiytA .4 'r7 ;)3C6, � � G•i Yrs- 5B5 fJCQ Cw.l•r'.. -.1° DIV WD BA MD DWR map no. Receipt area only Surface elev. k✓• -c Cc ft Invoice # 518664 .3a59/2003 -- 18:08:30 Cashier ID: 01 $480.00 Reck Purchase- #7072 6, c%..aff /5,000 �rir/ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 u_ u_ 0 XU (.6te) 0 U 0 io 0 N N F- U cc 1- O oN U Qw >� Ce cos z0 CC Ce I - <Q 5S m (1, .cc 0 8 0 (D a) •c a) (y 0 N v E O E E 0) w U 0 o fVC 8 0 F- 0 0 F- N a) Q o E D. c D7 _ 'E ry ao EO E 80 E 0 o_ 7 raE O J 0 F- 0 0 O O 2 U c 0 22220000022 zzzzmmmwwzzz O O O O O O O O o 0 0 O O O O O O O O O O O O O O O O O o 0 0 0 0 0 0 0 O o o O o O O O O O O O O o 0 0 0 0 0 0 0 0 0 0 0• O 1 D E C 1 9 2003 wxiF,R HFSF�,;:�CF_g STATE f 3'JEER COLO. O 00000d0o0OO O 000000O0000 MHHHW, §§§§§§§§§§§§ O p 0 0 0 C O 0 0 0 C 0 OOO -ACV NCJO O 00000000000 O o 0 0 0 0 0 0 0 0 0 0 000000000000 d 10 E 7 h.. 2— cv 7t WEE coa)a) c t0 j: v° O N T 19 �v O r 3 U 0 •W E w 0 c o U 0 CommerciaUOther Dem AFFADAVIT I, Paul S. Bussone, following a review of well permits listed on the Division of Water Resources data base and having conducted a field investigation, state that there are no existing wells within 600 feet of the proposed Coffman North Well (permit application receipt No. 9501731). A copy of the w- .ermit application is attached. Signed: S. Bussone, P.E. Date: 002 / t1 Acknowledgd, subscribed and sworn to before me this 12th day January 2004, by Paul S. Busson Notary My Commission Expires: 06/28/2004 E:\Client\965WFFADAVIT wells 965.doc Attachment 11 Proof of Physical Water Supply (Well Permit and Well Construction & Test Report for Ackerman Well) Coffman Ranch/North Parcel ■ Subdivision Exemption Application • February2004 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Form No. GWS -25 AR,FLICANT LIctStiOlinN LOa -0 11110 OFFICE OF THE STATE ENGINEER COLORADOp,oLoRiao,pmetpp , DOFrt -, WATER RESOURCES 80263 (303) 8863581 ACKERMAN LAND LLC P O BOX 1318 CARBONDALE, CO 81622- (970) 963-0119 TA PALE Ell 10 WELL PERMIT NUMBER V15. $ 24 • DIV. 6 WD 36 DES. $ASIN MD 6PQi"20YEDtrOCATICN ARFIELD COUNTY SE 1/4 SE 1)4 Section 36 Township T S Range 88 W Sixth P.M. �tgTANCE F OM LECTION NE , Ft. from Section Lure Ft. from+ Section Line UTM t:�CTORDJNAS Northing: Easting_ !SSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT C D(TIQN$ OF I PPROVAL 1) This well shall be used in such a way ea to taupe no material injury to existing water rights. The issuance 9f this permit does not ensure the applicant that no Injury will o0cvr to anOther vested water right or preclude another owner of a vested wutar right from seeking relief in a a/U tout action. 2) The construction of this wall a1>a l ba to compliance with he Wat©r i►JClI Construction Rules 2 CCR 402.2, unless approval of a variance hale been granted by the $'tate Board of Examiners of Water Well Cons'.rucr;on and Pump Inettatlaiion Contractors in DCCprdanc9 v,121 Rule 18, 3) Approved pursuant to CRS 37-92-602(3)(bXIl)(A) as the onty well on a tract of land of 35.02 acres described as that portion of S. 38, Twp; 7 S, Rng. 88 W, Sec. 31, Twp. 7 5, Rng. 87 W, and Sec. 1, Twp. 8 S, Rng_ 88 W. Slxtn P.M., Garfield County, more particutarty described on the ached exhibit A. 4) The use of ground water from this well is tirnitad b fire prosection, ordinary house4iyld pw-poses ir>cide not more than three (3) single family otwehirg, the irrigator) of not more than one (1) Erre o' horse gardens and !Limns, anti the wetcring of domestic animals, 5) The matdmun pumping rete of this well shall not exceed 15 GPM. 6) The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned b the sane stream system in wt icr. the well is located. 7) Puravent to Rule 6.2.3 of the Water Well Constr,:ctfon Rules, the well constructiononiractor shall submit the as -built well location on work reports required py Rule 17.3 within to days of cornpieton of the well. The measured location must be accurate to 200 feet of the actual loeitlen_ The lecat'on information moot include either the 114, 1/4, Section, Township, Range. and distances from section lines, ora GPS location purst.rant to the Division of water Resources' guidelines. APPROVED JSG State - nvneer ‘.Ryceipt No, 9501300 DATE ISSUED bd 1,11J2_2:ZB 20e0 TE '1-00 S2E296OZ6 : '0N Xd. HDNbei NdNd.O3 : woad 1 1 1 1 1 1 1 1 1 1 1 1 1 1 uLKLKML1N LUG PAGE 2 STATE r WELL CONSTRUCTION AND TEST REPORT OF COLORADO, OFFICE OF THE STATE ENGINEER FOR OFFICE 133E ONLY 1, WELD., PERMIT NIT IBER 245829 2. Owrior Name(s): Ackerman Land LLC Marling Address: P.O. Box 1318 City. State, Zip ; Carbondale, Co. 81623 Phone # : 970-963-0119 ApP:4oyAl. # Gws31-91-03 0. .; % : IP : SE l/A SE 1/4 Sec: 36 DISTANCES FROM SEC. LINES 1050 8. from South sec. line tsad 600 ft_ from East Sec. line OR SUBDIVISION: LOT: BLOCK: S .. T ADD , :SS AT LOCATION Twp: 7 S Range: ?;S W Northing: Earting: FILING (LINTY): GROUND SURFACE M.EyATION & DRILLING METHOD Mr Rotary DATE COMPLETED: 41712003 TOTAL PEFTH; 51 DEPTH COMPLETION: 51 5. GEOLOGIC LOG 6. HOLE DIAMETER (io) r$CM (4) TO i@) r . • 03 Tr sof Material Si(ze, Color, and Type) 9.0 E 32 000-032 032-051 Souidars. Sand. Gravels 6.5 32 51 Belden Shale 7. PLALN CASING — OD (m) i F..ind wall Sis From (ft) To tt) 7.0 Steel 1 0.240 .1 25 5.5 PVC 0.250 31 51 PERF. CASING : Screen Slot Size 1 7.G Steel 0.240 25 32 a ' Water Located: 12 - 30 % marks : 8. Filter Pack Material : Size : Interval : 9. Packer Placement Typo : Depth : 10. GROWING NG RECORD msterisi Amours Daaly tarrrret rtacvrrwct Cement 3 Sits 6 Zal'sk 10-25 poured _ 11. DISINFECTION : Type : Imi Amt. Used : 2 oz. 12. WELL TEST DATA : () Check Box It -Test Data Is Submitted On Supplemental TESTING METHOD : Mr Compressor Static Level : I t ft. Date/Time Merasured 4/7/2003 Production Rztte 15 gpm Pumping Levet : Total ft. Daft/ Time Measured 4/7/2003 Test Length:: 2 hours Test Remarks ; 13. 1 b.Mo ... r, 411;e"e .. . ... . _ ,. >s -, eaT tf ar . ace rraa a� LaY ,.... ,?�aam[ tc S.ei�a24 4-i ('3'sia) C' . to Wlktni 0t :.. Onleets overiareeo m Meroed .. ; rad L, a ds: 1 a o7 ) CONTI G TOIL : S , thou • 'ling Corp. Phone : (970) 927-4182 Nulling Address : P.O. Box 1059 Rtmalt. Co- 81621 Lie. No. 1095 Mame / Title (Please Type or Print) I Signature Wayes Sllettoa 1 President Date 4110/2003 £d WlL2:LO 2002 ZZ '1-°0 S=960L6 : '0N Xdd HDNdd N1:1Wdd00 : WOdd Attachment 12 Fire District Letter Coffman Ranch/North Parcel ■ Subdivision Exemption Application • February2004 1 1 OCT. 24. 2002 12:41FM CARBONDALE FIRE DISTRICT NO. 7724 P. 2 1 FIRE • EMS • RESCUE October 24, 2002 Mark Bean ' Garfield Building & Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 RE: Subdivision Exemption for Rex Coffman, County Road 100 1 Carbondale, Colorado 1 Dear Mark: The Rex Coffman property on County Road 100 is located inside the service area of the Carbondale & Rural Fire Protection District. The District services the property for both fire and emergency medical services. 1 1 Please contact me if you have any questions. Sincere' , 1 1 ' cc: Tim Malloy, TO Malloy Consulting, LLC 1 Bill Gavotte Deputy Chief Carbondale & Rural Fire Protection District 300 Meadowood Drive • Carbondale, CO 81623 ' 970/963-2491 Fax 963.0669 Attachment 13 Irrigation Water Rights Abstract Coffman Ranch/North Parcel ■ Subdivision Exemption Application ■ February2004 1_ • • 1 EXHIBIT 13 ' Water Rights 128288 The Union Ditch No. 186-A. Said ditch is numbered 186-A. Under former decrees of the Court it has been awarded Priority No. 265-A for 9.44 cu. ft. I of water per second of time relating back to and dated from the 20th day of April AM_ 1884 under and by virtue of original construction. Said ditch is under this decree entitled to Priority No. 301 for 21.56 cu. ft_ of water per second of time relating back to and dating from the 20th day of April, A.D. 1890, under and by virtue of the First Enlargement I The claimants of said ditch are Alex Cuaz, Arthur B. Dudley, Arthur Bon, Jr. and Mrs Gerbaz. Said ditch is used for irrigation purposes and takes its supply of water from the Roaring Fork River in Garfield County, Colorado. The headgate is located on the South bank of said river at a point which bears from the Southeast corner of Tp. 7 S., R. 88 W. 6`h P.M. North 52°52' West 2542 feet. The testimony in this case establishes that the water and priority rights and volume of water I awarded said ditch under said prior decree have at all times been beneficially used and applied in accordance with the terms of the decree establishing the same and said decree and the priority right thereby awarded are hereby ratified and confirmed. IT IS FURTHER ORDERED, ADJUDGED AND DECREED, That there be allowed to flow into said ditch from said I Roaring Fork River for the use aforesaid and for the benefit of the parties entitled thereto and by virtue of the appropriation by First Enlargernerrt, Priority No. 301 for 21.56 cu. ft. of water per second of time relating back to and dating from the 20th day of April A.D. 1890. IT IS FURTHER ORDERED, ADJUDGED AND DECREED, That said Priority No. 301 herby awarded to the extent of I 21.56 cu. ft. of water per second of time is hereby made absolute and emconditional. IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that the total amount of water to which said ditch is at present entitled is computed at 31 cu. ft. of water per second of time. Done m open Court, By the Court. John T. Shumate, Judge. State of Colorado, County of Garfield. I, N.D. Smith, Clerk of the District Court in and for the County of I Garfield in the Ninth Judicial District of the State of Colorado do hereby certify the above and foregoing to be full, true and complete copy of that part of the decree entered in Cause No_ 3082 in the County Court entitled: 1N THE MATTER OF THE ADJUDICATION OF PRIORITY RIGHTS TO THE USE OF WATER FOR IRRIGATION IN WATER DISTRICT NO.381N THE STATE OF COLORADO, MAJOR BETEMPS, ETAL petitioners, which refers I and pertains to the Union Ditch #186-A. Witness my hand and seal ofthe said Court in the Court House in Glenwood Springs, County and State aforesaid this 3rd day of May A. D. 1937. N. D. Smith, Clerk. Filed for record June 5, 1937 at 9.45 o'clock A.M. in Book 189 at page 157. I128289 The Slough Ditch and Banning Lateral No. 193. Said ditch is numbered 193. Under former decree's of this Court it has been awarded Priority No. 274 for 6.58 cubic feet of water per second oftLme relating back to and dating from the 31e day of May, A.D. 1884 under and by virtue of original I construction. Said ditch is under this decree entitled to Priority No. 309 for 42.68 cubic feet of water per second of time relating back to and dating from the 315' day of May A.D. 1890 under and by virtue of the First Enlargement The claimants of said ditch are H. I. Gardner, Catherine L. Gardener, Daniel Flynn, Estate of Margaret Flynn, deceased, I Arthur B. Dudley, Alex Cuaz, Arthur Bon, Jr. and Mars Gerba . Said ditch is used for irrigation purposes and takes its supply of water from the Roaring Fork River in Garfield County, Colorado. The headgate is located on the South bank of said river at a point from which the Southeast corner of Section 36, Township 7, south, Range 88, West of the 64' P. M. bears South 2°30'18" last 1545 feet. I The testimony in this case establishes that the water and priority rights and volume of water awarded said ditch under said prior decrees have at all times been beneficially used and applied in accordance with the terms of the decree establishing the same, and said decrees and the priority rights thereby awarded are hereby ratified and confirmed. IT IS FURTHER ORDERED ADJUDGED AND DECREED That there be allowed to flow into said ditch from said I Roaring Fork River for the use aforesaid and for the benefit of the parties entitled thereto under and by virtue of the appropriation by First Enlargement Priority No. 309 for 42.68 cubic feet of water per second of time relating back to and dating from the 31e` day of May, A_ D. 1890. 1T IS FURTHER ORDERED, ADJUDGED AND !DECREED That said priority No. 309 awarded, to the extent of 42.68 I cubic feet of water per second of time is hereby made absolute and unconditional_ IT IS FUJRTHER ORDERED, ADJUDGED AND DECREED BY THE COURT, that the total amount of water to which said ditch is at present entitled is computed at 49.26 cubic feet of water per second of time. Certified to on May 3, I 93 as a true copy by N.D. Smith, Clerk of the District Court of Garfield County, Colorado. Done I in open Court, By the Court: John T. Shumate, Judge. Filed for record June 5, 1937 at 9:47 o'clock A.M. in Book 189 at page 160. 1 Ed WH92:L0 200E T '1-00 SL2E2960L6 : 'ON XH. HONHd NUW.d00 : WOdd Attachment 14 Deed of Conservation Easement Coffman Ranch/North Parcel ■ Subdivision Exemption Application ■ February2004 1 1 1 1 1 1 1 1 1 r 1 1 1 1 1 1 1 1 1 immill 1181 IIHII 111111 HUHU 11111111 111111111 IL 64344512/19/2003 03:14P B1548 P734 M RLSDORF 1 0{ 2F.' R 141.00 D 0.00 GARFIELD COUNTY CO Northeast Coffman Ranch DEED OF CONSERVATION EASEMENT IN GROSS THIS DEED OF PERPETUAL CONSERVATION EASEMENT in gross is granted this t g day of 'Dec c+16- — , 2003, by REX A. and JOANN G. CO °[ the benefit of ASPEN VALLEY LAND TRUST, a Colorado nonprofit havingcorporation,)g for address at 320 Main Street, Suite 204, Carbondale, Colorado 81623, (the "Trust" collective) the "Parties"). )( y, Exhibit A: Legal Description of North Parcel Exhibit B: Map of Property Exhibit C: Water Rights Description Exhibit D: Survey of View Planes from Lot A to Roaring Fork River (to be added) RECITALS WHEREAS, Grantor is the sole owner in fee simple of certain real property in Garfield County, State of Colorado, more particularly described in Exhibit A and Exhibit B (hereinafter the "Property"). The Property is comprised of approximately 38 acres of land and certain water rights. The term "Property" shall hereinafter be defined as the land and the water rights combined, and the term "Water Rights" shall refer solely to the water rights described in Section 11 and Exhibit C herein; WHEREAS, the Property possesses natural, scenic, open space, wildlife, riparian, wetland and agricultural values that are worthy of preservation (collectively, "Conservation Values"), as defined in C.R.S.§ 38-30.5-101 et seq., of great importance to the Grantor, the Trust, the people of Garfield County, and the people of the State of Colorado; WHEREAS, in particular, the Property has unique characteristics as irrigated farm and grazing land representative of the agricultural heritage of the Roaring Fork Valley, including wildlife and wetland habitats, and riparian corridors along the Roaring Fork River which contribute to a biologically diverse ecosystem which includes various species of birds, mammals, reptiles, insects, fish and plants set against a scenic backdrop dominated by view plains of the surrounding Roaring Fork Valley ridgelines and the Roaring Fork River; WHEREAS, the Property lies within a scenic corridor at the historic entrance to the Town of Carbondale, where recent development in the vicinity of the Property and the Town of Carbondale threaten to degrade the biological integrity as well as the rural and scenic character of the Property and surrounding area; WHEREAS, the specific Conservation Values of the Property will be documented in an inventory of relevant features of the Property kept on file at the office of the Trust ("Baseline 061' 11111 Bill 111111 1111111111 11111111 11111 1111 1111 43445 12/;13/2003 03:14P B1548 P735 M ALSDORF of 28 R 141.00 D 0.00 GARFIELD COUNTY CO 1 1 1 1 1 1 1 t 1 1 1 1 1 1 1 1 Doc-umentation"), which consists of reports, maps, aerial and ground photographs, and other documentation that the Parties agree provide, collectively, an accurate representation of the Property at the time of this grant and which is intended to serve as an objective information baseline for monitoring compliance with the terms of this grant; WHEREAS, Grantor intends that the Conservation Values of the Property be preserved and maintained by the continuation of land use patterns on the Property existing at the time of this grant, including, without limitation, those relating to agricultural purposes and the active irrigation of the Iand for the production of hay and pasture grasses to be consumed by livestock grazing and corralled on the land, which uses the Trust acknowledges and agrees do not significantly impair or interfere with the Conservation Values; WHEREAS, Grantor intends, as owner of the Property, :o convey to the Trust the right to preserve and protect the Conservation Values of the Property in perpetuity; WHEREAS, the Trust agrees by accepting this grant tc honor the intentions of Grantor stated herein and to preserve and protect in perpetuity the Conservation Values of the Property for the benefit of this generation and the generations to come; WHEREAS, the Trust is a charitable organization as described in Section 501 c 3 of the Internal Revenue Code of 1986, as amended (the "Code") and is a publiclysupported()i ) described in Section 170(b)(1)(A) of the Code, whose run organization as primary purpose is to preserve and protect the natural, scenic, agricultural, historical, and open space resources of the Roaring Fork Valley area, including the area in which the Property is located, by assisting landowners who wish to protect their land in perpetuity, and is a "qualified organization" to do so within the meaning of Section 170 3 of the Code; (h)( ) WHEREAS, the people of the State of Colorado have recognized the importance of private efforts toward the preservation of natural systems in the State by the enactment of C.R.S. 38-30.5- 101 et seq.; and WHEREAS, the people of Garfield County and the Town Df Carbondale have expressed the importance of protecting and conserving agricultural lands, open space, and scenic vistas through passage of a Garfield County Comprehensive Plan of 2000 and a Town of Carbondale Three Mile Area Plan of 2000; and WHEREAS, the Board of Directors of the Trust has duly adopted a resolution approving the Trust's execution and acceptance of Conservation Easements. NOW, 'THEREFORE, in consideration of the above and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to the laws of the State of Colorado, and in particular C.R.S. 38-30.5-101 et seq., Grantor hereby voluntarily grants, assigns, the Trust, its successors and assigns, and conveys to a Conservation Easement in Gross in perpetuity, consisting of the rights and restrictions enumeratedherein, over and across the Property (the "Easement"). This Grant of Conservation Easement shall be subject to prior reservation, easements, encumbrances, and exceptions of record related to the property, except as otherwise set forth herein. Northeast Coffinan Ranch Conservation Easement Page 2 11111111M 1111111111111111►1ili i lii III 11►11►III 311 11 643445 .12/19/2003 03:14P 61548 P736 M ALSDORF 3 of 20 R 141.00 D 0.00 GARFIELD COUNTY CO 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1. Purposes. The purposes of this Easement are to assure that the Property will remain forever predominantly in its agricultural, scenic, natural and open space condition, subject to the uses of the Property permitted hereunder, and to prevent any use of the Property that will significantly impair or interfere with the Conservation Values of the Property and, in the event of their degradation or destruction, to restore such Conservation Values of the Property. Grantor intends that this Easement will confine the use of the Property to such activities, including, without limitation, those involving ranching, farming, and general conservation purposes, as are consistent with the purposes of this Easement. Pursuant to the terms of C.R.S. 38-30.5-101, et seq., the Property preserved hereby may not be converted or directed to any uses other than those provided herein. 2. Baseline Documentation. The Parties acknowledge that Suzanne Fusaro, a person familiar with Conservation Easements, the Property, and its environs, has prepared a primary Baseline Documentation of the Property. The Baseline Documentation has been reviewed and approved by the Trust and the Grantor as an accurate representation of the biological and physical condition of the Property at the time of this grant. Grantor will retain a copy of the Baseline Documentation for its records and a copy of the Baseline Documentation will be on file with the Trust. 3. Rights of Trust: To accomplish the purposes set forth herein for this Easement, Grantor- conveys rantorconveys the following rights to the Trust, with such rights to be exercised subject to Trust's reasonable judgment: A. The right to identify, preserve, and protect the Conservation Values of the Property in perpetuity; B. The right to enter upon the Property at reasonable times, to inspect the Property thoroughly, to monitor Grantor's compliance with and otherwise enforce the terms of this Easement; provided that such entry shall be upon twenty-four hour prior notice to Grantor, and shall not unreasonably interfere with Grantor's use and quiet enjoyment of the Property, and except that no such notice shall be required in the event the Trust reasonably believes that immediate entry upon the Property is essential to prevent or mitigate a violation of this Easement; C. The right to prevent any activity on or use of the Property that is inconsistent with the purposes of this Easement, or which may threaten or significantly impair the Conservation Values of the Property, and to require the restoration of such areas or features of the Property that are damaged by any inconsistent activity or use; D. The right to enhance the Conservation Values along the Roaring Fork River and any other area within the Easement Property with Grantor's prior written approval, by planting, grading, irrigation, water channel restoration, streambank stabilization, spawning habitat construction and improvement, and any other activities as may be necessary to restore or enhance the Conservation Values of the Property, at the discretion of the Trust; and Northeast Co an Ranch Conservation Easement Page 3 1 I IsIIINIIIINIIIIIIIIIIIIIIIIIIII1151lllllllllllllllllllll . 4 of 28 R 141.00 D 0.00 GARFIELD COUNTY CO 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 E. Any other rights that both Parties may approve that are consistent with the purposes of this Easement and the Conservation Values. 4. Prohibited Uses. Any activity on or use of the Property inconsistent with the purposes of this Easement is prohibited. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, unless specifically allowed elsewhere in this Easement: A. Any change, disturbance, alteration, or impairment of the relatively natural habitat for plants, wildlife, or similar ecosystems within and upon the Property, except as provided herein; B. The construction or placement of any buildings, structures, parking lots, camping accommodations, golf courses, mobile homes, boat ramps, billboards or commercial signs, except as expressly provided herein and except those existing on the date of this grant and as documented in the Baseline Documentation; the conveyance of easements, rights-of-way, the paving or grading of roadways or the construction of any roadways without the consent of the Trust, which consent shall be in the Trust's sole discretion; C. The removal, destruction, or cutting of native vegetation outside of an approved building envelope, except as permitted in Sections 5C and 6, below; D. The intentional introduction, or failure to prevent the introduction or spread of noxious weeds such as those as identified by the Colorado Weed Management Association, other than for agricultural uses consistent with generally accepted practices as defined by the U.S. Department of Agriculture Natural Resources Conservation Service (hereinafter "NRCS"), or other such governmental entity as may be qualified at the time to oversee such practices; E. The overgrazing of livestock as determined by an expert in livestock management, or other ranching or farming practices which result in "low to moderate" soil quality as defined by the NRCS, or other such entity as may be qualified at the time to oversee such practices; F. The use of pesticides other than for the control of noxious weeds and/or pests in a manner consistent with sound environmental conservation practices, such as those determined by the NRCS; G. Subsurface Mineral Rights: Grantor shall not sell, transfer or otherwise separate Grantor's share of the mineral rights to oil or natural gas from the Property, except that Grantor may lease to a third party the right to explore for or extract oil and gas from below the surface of the Property; provided, however that such activities occur only in a manner that is consistent with the meaning of Section 170(h) of the Code and Section 1.170A -14(g) of the Treasury Regulations. Any disturbance of the surface of the Property for the exploration of subsurface minerals in a manner that is Northeast Coffman Ranch Conservation Easement Page 4 1 1.11111111111111111 III�ll 1111111111111111111111111111111 643445 12/19/2003 03:14P 81548 P738 M ALSDORF 5 of 28 R 141.00 D 0 00 GARFIELD COUNTY CO inconsistent with the meaning of Section 170(h) of the Code and Section 1.170A - 14(g) is prohibited. H. Surface Mineral Rights: Grantor shall not transfer, lease or otherwise separate the soil, sand, gravel, rock, or any other mineral substance from the surface of the Property; nor shall Grantor explore for or extract soil, sand, gravel, rock, or other minerals from the surface of the Property; The use of any motorized vehicles off roadways now existing or new roadways permitted herein, with the exception of the use of motorized vehicles incidental and necessary to the use of the Property for agricultural purposes; J. The establishment or maintenance of any commercial feed lot, which shall t e defined for purposes of this Easement as a permanently constructed confined area or facility within which the land is not grazed or cropped annually for purposes of engaging in the business of the reception and extended feeding and finishing of large numbers of livestock for hire; K. The establishment or maintenance of any commercial or extractive tree farm; L. The storage, dumping or other disposal of trash, ashes, garbage, toxic and/or hazardous materials on the Property, other than the collection and disposal of agricultural products and byproducts on the Property including tree limbs, scrap lumber and other organic materials incidental and necessary to the use of the Property for agricultural purposes and in accordance with all applicable governmental laws and regulations. This prohibition does not impose any liability on the Trust, nor shall the Trust be construed as having liability as a "responsible party" under The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA"), or similar federal or state statutes; M. The manipulation, diversion, or other alteration of streams that degrades or destabilizes their natural banks or shorelines, other than those activities consistent with responsible irrigation practices; or as temporarily necessary for bank stabilization activities as described in Section 5H; N. The degradation, pollution, or drainage of any designated wetlands or naturally occurring surface or sub -surface water, except that irrigation patterns and ditches may be altered to reduce areas of standing water for insect and disease control; 0. Any change in the topography of the Property through the placement therein of soil, land fill, dredging spoils, or other material, except as incidental and necessary to the activities permitted herein; P. Any use that would increase, or substantially add to the risk of soil erosion; Q. Any commercial or industrial uses, except those incidental and necessary to the use of the Property for agricultural purposes, which are specifically permitted. "Home Northeast Coffman Ranch Conservation Easement Page 5 II11111111111111111111111111111111111 III 111111►►►31 ' -643445'12/19/2003 03:14P B1548 P739 M ALSDORF 6 of 28 R 141.00 D 0.00 GARFIELD COUNTY CO 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 occupation" uses that do not threaten or significantly impair the Conservation Values of the Property, including artist's studios, wood shops, and the like, shall be permitted within an approved building envelope located on the Property, as defined in Subsection 6A and Exhibit B, provided that; such use does not interfere with Grantor's quiet enjoyment of the Property. Employees shall not be permitted on the Property for home occupation purposes; R. The erection, construction, installation, relocation or use of a communication facility, a telecommunication facility, a network element or any other telecommunication facilities, equipment or material that may be used for telecommunications or to provide such services, except for in-home networking, wireless telecommunications access, or other low -impact telecommunications services, S. Utility lines or substations not necessary and directly related to uses of the Property permitted by this Easement and except any pre-existing lines; T. Wind -powered electric generators to produce electricity for off-site use; U. Hunting or trapping, other than for predator control as necessary for agricultural operations on the Property. If the Property reverts to wildlife habitat or is no longer used for agricultural purposes pursuant to Subsection 5F, below, hunting or trapping will not be permitted; V. Extemal lighting, including landscape lighting, and driveway lighting, which impairs the Conservation Values of the Property, with the exception of lighting for agricultural, security and safety purposes; W. Except as permitted in Sections 5B, 5F and 11 herein, Grantor may not transfer, encumber, sell, lease or otherwise separate from the Property the "Dedicated Water Rights" (as defined in Section 11). 5. Consistent Uses of the Property. The following uses and practices by Grantor, though not an exhaustive recital, are consistent with this Easement. Certain of these consistent uses and practices are identified as being subject to specified conditions, to the notice provision as described in Section 7 herein, and to the requirement of and procedures for prior approval by the Trust as described in Section 8 herein: A. Grantor may repair or replace existing fences. New fences may be built for purposes incidental and necessary to the management of livestock and wildlife in compliance with the current Colorado Division of Wildlife (herinafter "DOW") specifications for fencing in wildlife migration areas. Fencing constructed for the purpose of excluding wildlife from haystacks, gardens, orchards, and the like must not block or hinder normal wildlife movement or migration, and should not exceed eight (8) feet in height; B. Leasing of lands with appurtenant Water Rights for agricultural purposes; Northeast Co an Ranch Conservation Easement Page 6 11 iII1ll IIll IIllI 111111 II 11111 IIII l 11111 Ili 111 - 7 of 28 R 141.00 D 0.00 GARFIELD COUNTY CO 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 C. Such cutting and removal of dead, dying or diseased timber as may be reasonably necessary for fire protection, disease prevention, safety or agricultural purposes; D. The taking of such reasonable steps as are necessary to control erosion on the Property; E Changes in agricultural use, including row crops or horse farming, that do not threaten or significantly impair the scenic, open space, or environmental Conservation Values of the Property; F. If agricultural uses prove uneconomical, or Grantor no longer desires to use the properly for agricultural purposes, the Property may revert to wildlife habitat. In that event, Grantor agrees that any "Dedicated Water Rights" (as defined in Section 11 herein) that are no longer being used for agricultural purposes shall be subject to the provisions of Section 11, below; G. If, and only if, the Property reverts to wildlife habitat pursuant to Subsection 5F herein, domesticated pets must be leashed, kenneled or otherwise physically restrained outside of the building envelope; H. The right to construct and maintain rock vane deflectors on the Roaring Fork River as necessary for streambank stabilization and/or flood protection as permitted by the Army Corps of Engineers and the United States Department of Agriculture Farm Service Agency, and/or other entity as may be qualified at the time to approve and conduct such work; I. The right to restore damage to the Property that may be caused by fire, flood, storm, earth movements, or acts beyond the Grantor's control; J. The right, mutually with the Trust, to enforce against and prevent any prohibited action set forth herein on the Property against any individual or entity; K. The right to erect appropriate signage and fencing, upon review and approval of the Trust, indicating the presence of the Easement and the boundaries thereof; and L. Rights of access on, over and across the Property in a manner consistent with the maintenance and preservation of the Property and the Conservation Values set forth herein. 6. Reserved Rights. Grantor reserves to itself and to its personal representatives, heirs, successors, and assigns, all rights accruing from its ownership of the Property, including the right to reside on the Property and to engage in, or permit or invite others to engage in, all uses of the Property that are not prohibited herein and that are consistent with the purposes of this Easement, including the following rights: Northeast Coffman Ranch Conservation Easement Page 7 1 1 1111111 VIII 1111 1Iiil IIIA 11111NEM 11111 643445 12/19/2003 03:14P 81548 P741 M ALSD ORF 8 of 28 R 141.00 D 0.00 GARFIELD COUNTY CO 1 1 1 1 1 1 1 1 1 1 1 1 1 11 1 A. To separate from the Property, one (1) lot not to exceed four and one-half (z 1/2) acres in size, together with a proportional amount of the Water Rights, subject to the terms of this Easement (hereinafter "Lot A"). The remainder of the Property after such separation shall hereinafter be called the "Remainder Property" and shall include all Dedicated Water Rights (as defined in Section 11 herein); B. To erect and maintain one (1) single-family homesite on Lot A with a limited building and disturbance envelope (hereinafter "building envelope") not to exceed two (2) acres in size, with a building footprint, inclusive of all structures, not to exceed six -thousand five hundred (6,500) square feet. The location of the building envelope on Lot A is generally shown in Exhibit B, herein; however, the final location of the building envelope within Lot A is subject to change so as to accommodate the most area outside of the 100 -year flood plain without Trust's prior approval. Grantor has the right to construct additional improvements in this building envelope accessory to the single -fancily residential use of the Property or reasonably necessary to the agricultural use of the Property, including an accessory dwelling unit, garage, greenhouse, barn, shed, art and craft studio, fences, gardens, orchards, decks, lawns, roads and other disturbances; C. Limited trimming of vegetation in select areas outside of the building envelope on Lot A will be permitted to allow the creation of view planes from the homesite to the Roaring Fork River; provided, however that such trimming does not increase the risk of erosion and minimizes destruction of wildlife habitat or other ecological Conservation Values of the Property, as determined by the Land Trust. Grantor agrees to survey such view planes to specifically describe the location and scope of permitted trimming activities before any such activities commence, and to obtain Trust' s prior approval of the location and scope of such view planes before having them surveyed. This survey shall be completed no later than October 30, 2004 and shall be added to this Deed as Exhibit D. The amended Deed shall be rerecorded with the Garfield County Clerk and Recorder; D. Utilities and utility easements over and across the Property as needed for the development and maintenance of Lot A, and three (3) additional homesites located adjacent to and north of the Property, on the North Parcel (as generally shown in Exhibit B, herein), and utilities as located in existing utility easements. Such utilities and utility easements may include, without limitation, water and sewer lines, telephone and communications lines, electric and gas lines, and other utilities necessary to the development of such homesites. The location of such utilities and utility easements is not specifically described herein, and does not require Trust' s approval. Grantor has the right to clear vegetation on the Property as is reasonably necessary to construct and maintain such utilities; provided, however that such action is designed to minimize impacts to the Conservation Values of the Property, and is subject to remediation to restore the Property to its condition prior to such action as closely as possible. All utilities, including electric and telephone lines, shall be buried Northeast Coffman Ranch Conservation Easement Page 8 111111 IIui 111111 111113II 31111111111131111 X111 X111 1 643445 12/19/2003 03:14P B1548 P742 M ALSDORF 9 of 28 R 141.00 D 0.00 GARFIELD COUNTY CO 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 wherever and whenever possible, and shall located within access easements wherever and whenever possible; E. A maximum of two (2) access roads, not to exceed twelve (12) feet in width (except as necessary for cul de sacs, pull outs, or other County land use requirements, in which case road width may not exceed sixteen (16) feet across). Such roads shall be located within two (2) access easements not to exceed thirty (30) feet in width, each, over and across the Property as needed to access Lot A and lots north of and adjacent to the Property on Coffman Ranch. From the intersection with County Road 100 for a distance of 50 feet onto the Property, the access easement may be as wide as 50 feet. The location of such roads and access easements does not require Trust's prior approval. Grantor has the right to clear vegetation and alter the surface of the Property as is reasonably necessary to construct and maintain these roads within the access easements; provided, however such alterations are designed to minimize impacts to the lands traversed and to the Conservation Values of the Property. Such roads shall be built at surface grade whenever and wherever possible, and may be paved; F. The general locations- of the improvements described above, including Lot A, the' building envelope, and access roads, shall be as shown on Exhibit B. In the event that the locations of these improvements change from those described in Exhibit B, herein, such changes shall be recorded in an amended Exhibit B, and the Deed of Conservation Easement shall be rerecorded to reflect these changes. In addition, the amended Exhibit B may show the locations of additional improvements allowed herein, that are not shown on the original Exhibit B; G. The right to construct no more than two (2) structures for agricultural purposes (such as hay sheds or loafing sheds), not to exceed two -thousand (2,000) square feet in size, collectively, on the Remainder Property; provided, however, that such improvements are not located in a riparian, wetland or forested area of the Property, and are not fully enclosed (such as barns or residences). Trust's prior approval is not required for construction or placement of such structures; H. The right to take any appropriate legal measures to adjust the northern boundary of the Property to the centerline of the Roaring Fork River, or to establish such similar boundary as is appropriate to the Property; provided, however, it does not decrease the total acreage of the Property or diminish its Conservation Values. Any acreage that may be added to the Property as a result of this process shall be incorporated into the Remainder Property and shall be subject to the terms of this Deed of Conservation Easement. Grantor agrees that when and if such boundary is changed, this Deed shall be amended to reflect the revised legal description of the Property and rerecorded in a timely fashion; and Subject to Section 11, below, Grantor shall retain, reserve, and preserve the right to use the Water Rights appurtenant to the Property, including but not limited to Northeast Coffinan Ranch Conservation Easement Page 9 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 111111 11111 111111 1111111111111111 lilit 111 111111 111 1111 6434410 of5282R19/2003 141. i0 D 0.00 GARFIELD:14P 61548 43 M COUNTYSF CO groundwater, appropriated, and augmented Water Rights, including such new Water Rights as may be developed as incidental and necessary to the maintenance and protection of the agricultural character, scenic, environmental and other Conservation Values of the Property, and to irrigate the Property. Grantor shall have the right to construct, maintain, and improve irrigation fixtures, headgates, ditches, water wells, and other water systems on the Property consistent with the uses permitted hereunder. Grantor, or any other interest holder in the Slough or Union Ditches, may manipulate, enlarge, relocate, or change diversion points and/or ditch alignment or otherwise alter ditch(es) for irrigation purposes. 7. Notice of Intention to Undertake Certain Permitted Actions. When specifically required herein, Grantor, its successors and assigns, shall provide reasonable notice to the Trust prior to undertaking any new permitted activities within the Easement Property in order to afford the Trust an opportunity to ensure that the activities in question are designed and carried out in a manner consistent with the purposes of this Easement. Whenever notice is required, Grantor shall notify the Trust in writing not less than sixty (60) days prior to the date Grantor intends to undertake the activity in question, unless a different time period for the giving of notice is approved by the Trust for the activity in question. The notice shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed activity in sufficient detail to permit the Trust to make an informed judgment as to its consistency with the purposes of this Easement and the Conservation Values. 8. Trust's ApprovaL Whenever a provision of this Deed requires that Grantor obtain the Trust's approval of any activity on or use of the Property, such approval shall not be unreasonably withheld or delayed. Where the Trist's approval is required, the Trust shall grant or withhold its approval in writing within thirty (30) days of receipt of Grantor's written request therefor. The Trust's approval may be withheld only upon a reasonable determination by the Trust that the action as proposed would be inconsistent with the Conservation Values or the purposes or terms of this Deed and the reason(s) for such a determination shall be set forth with specificity by the Trust in a written notice to Grantor. Where a reasonable modification of the proposed use or activity by Grantor would render the same consistent with the purposes of this Deed and the Conservation Values, the Trust shall specify, in such written notice to Grantor, such required modifications. In the event such grant, denial, or conditional approval is not made by the Trust within such a time period, the Trust shall be deemed to have approved the action giving rise to the notice. 9. Trust's Remedies: Enforcement. The Trust shall have the right to prevent and correct or require correction of violations of the terms and purposes of this Deed. The Trust may enter the Property for the purpose of inspecting for violations in accordance with Subsection 313 above. If the Trust finds what it believes is a violation, or a threat of a violation, the Trust shall notify Grantor in writing of the nature of the alleged violation. Upon receipt of this written notice, Grantor shall immediately discontinue any activity that could increase or expand the alleged violation and shall either: (1) restore the Property as best possible to its condition prior to the violation in accordance with a plan approved by the Trust; or (2) provide a written explanation to Trust of the reason why the alleged violation should be permitted. If the Trust is not satisfied with Grantor's written explanation, both parties agree to meet as soon as possible to resolve this difference. If a resolution of this Northeast Coffir_an Ranch Conservation Easement Page 10 1 1 illll 111111 111111 1111 111111 11111 III 111111111►11► 643445 12/19/2003 03:14P B1548 P744 M ALSDORF 11 of 28 R 141.00 D 0.00 GARFIELD COUNTY CO difference cannot be achieved at the meeting, both parties agree to meet with a mutually acceptable mediator to attempt to resolve the dispute pursuant to Section 9.1 below. Should Grantor not immediately discontinue any activity that could increase or expand the alleged violation; or should mediation fail to resolve the dispute within sixty (60) days of Trust's written notice to Grantor of the alleged violation, or by such other date as the parties may mutually agree, the parties may take appropriate legal action pursuant to the Sections below. The Trust's remedies described in this Deed shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity, including the right to recover any damages for loss of scenic or environmental values. The failure of Trust to discover a violation or to take immediate legal action shall not bar Trust from doing so within one year from the date upon which the violation occurred pursuant to C.R.S. § 38-41-119. 9.1 Mediation. If a dispute arises between the parties concerning the consistency of any proposed use or activity with the purpose of this Deed, and Grantor agrees not to proceed with the use or activity pending resolution of the dispute, either party may refer the dispute to mediation by request made in writing upon the other. Within ten (10) days of the receipt of such request, the parties shall select a single trained and impartial mediator with experience in conservation easements and other land preservation tools. If the parties are unable to agree on the, selection of a single mediator, then the parties shall, within fifteen (15) days of receipt of the initial request, jointly apply to a proper court for the appointment of a trained and impartial mediator with experience in conservation easements and other land preservation tools. Mediation shall then proceed in accordance with the following guidelines: A. Purpose. The purpose of the mediation is to: (1) promote discussion between the parties; (2) assist the parties to develop and exchange pertinent information concerning the issues in dispute; and (3) assist the parties to develop proposals which will enable them to arrive at a mutually acceptable resolution of the controversy. The mediation is not intended to result in any express or de facto modification or amendment of the terms, conditions, or restrictions of this Deed. B. Participation. The mediator may meet with the parties and their counsel jointly or ex parte. The parties agree that they will participate in the mediation process in good faith and expeditiously, attending all sessions scheduled by the mediator. Representatives of the parties with settlement authority will attend mediation sessions as required by the mediator. C. Confidentiality. All information presented to the mediator shall be deemed confidential and shall be disclosed by the mediator only with the consent of the parties or their respective counsel. The mediator shall not be subject to subpoena by any party in any subsequent litigation. No statements made or documents prepared for mediation sessions shall be disclosed in any subsequent proceedings or construed as an admission of a party. Northeast Coffman Ranch Conservation Easement Page 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11E11 11111 111111 111 1111 ii 11111 111111 III 1111 643445 12/19/2003 03:14P B1548 P745 M ALSDORF 12 of 28 R 141.00 D 0.00 GARFIELD COUNTY CO D. Time Period. Neither party shall be obligated to continue the mediation process beyond a period of sixty (.60) days from the date of receipt of the initial request or if the mediator concludes that there is no reasonable likelihood that continuing mediation will result in a mutually agreeable resolution of the dispute. 9.2 Injunctive Relief. The Trust may bring an action at law or in equity, ex parte as necessary, in a court of competent jurisdiction, to enforce the terms of this Grant and to enjoin by temporary or permanent injunction a violation, including to require or cause the restoration of the Property to the condition that existed prior to the violation, under the following circumstances: A. If the Grantor, after receipt of a notice of violation from the Trust, fails immediately to discontinue any activity that could increase or expand an alleged violation; or B. If Grantor, after receipt of a notice of violation from the Trust, fails within ten (10) days either to provide a written explanation to the Trust of the reason why the • alleged violation- should be permitted, . or to begin restoring the. Property as best as possible to its condition prior to the violation; or C. If Grantor, after commencing to restore the Property to its condition prior to a violation, fails to continue diligently to cure the violation. 9.3 Damages. The Trust shall be entitled to recover damages for violation of the terms of this Easement or injury to the Conservation Values, including, without limitation, damages for the loss of scenic, aesthetic, or environmental values. Without limiting Grantor's liability therefor, the Trust, in its sole discretion, may apply any damages recovered to the cost of undertaking any corrective action on the Property. 9.4 Emergency Enforcement. If the Trust reasonably believes an ongoing or threatened imminent activity violates the Easement, the Trust may, in its sole discretion, take immediate legal action as set forth in this Section 9 without prior notice to Grantor and without waiting for the period provided for cure to expire. 9.5 Actual or Threatened Non -Compliance. The Trust's rights under this Section 9 apply equally in the event of either actual or threatened violations of the terms of this Easement. Grantor agrees that the Trust's remedies at law for any violation of the terms of this Easement are inadequate and that the Trust shall be entitled to the injunctive relief described in Subsection 9.3, both prohibitive and mandatory, in addition to such other relief to which the Trust may he entitled, including specific performance of the terms of this Deed, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. 9.6 Costs of Enforcement. All reasonable costs incurred by the Trust in enforcing the terms of this Easement against Grantor including, without limitation, costs and expenses of injunction or suit and reasonable attorney's fees, and any costs of restoration necessitated by Northeast Coffman Ranch Conservation Easement Page 12 1 1 1 1 1 1 1 1 1 1 1 1 1 111111111111111111111111111 IIII►► 11111111 aiu' 643445'12/19/2003 03:14P 61548 P746 M ALSDORF 13 of 28 R 141.00 D 0.00 GARFIELD COUNTY CO Grantor's violation of the terms of this Easement shall be borne by -Grantor; provided, however, that if Grantor ultimately prevails in a judicial enforcement action each party shall bear its own costs. 9.7 The Trust's Discretion. Enforcement of the terms of this Easement shall be at the sole discretion of the Trust, and any forbearance by the Trust to exercise its rights trader this Easement in the event of any breach of any term of this Easementby Grantor shall not be deemed or construed to be a waiver by the Trust of such term or any subsequent breach of the same or any other term of this Easement or of any of the Trust's rights under this Easement. No delay or omission by the Trust in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. 9.8 Waiver of Certain Defenses. No action shall be commenced or maintained to enforce the terms of any building restriction described in this Easement, or to compel the removal of any building or improvement, unless said action is commenced within four (4) years from the date of the violation for which the action is sought to be brought or maintained. To the extent that any defense available to Grantor pursuant to C.R.S. Section 38-41-119 is inconsistent with the foregoing, such defense is waived by Grantor. Grantor waives the defenses of laches, estoppel and prescription with regard to the enforcement of all other terms of this Easement. 9.9 Acts Beyond Grantor's Control. Nothing contained in this Easement shall be construed to entitle the Trust to bring any action against Grantor for any injury to or change in the Property resulting from causes beyond Grantor's control including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. Grantor is not responsible for acts of third parties that are out of Grantor's control, except that Grantor is responsible for guests and other third parties authorized by Grantor to access the Property. 10. Access. Nothing contained herein shall be construed as affording the public access to any portion of the Property, although the Grantor may permit public access to the Property on such terms and conditions as it deems appropriate, provided that such access is consistent with the terms of this Deed. Perpetual, private, non -motorized access to the Roaring Fork River as it crosses the Property is permitted for the future owner of Lot A, and for any future owners of the North Parcel or any lots located thereon. Any trail to or along the Roaring Fork River in this zone shall be designed to minimize impact to the wetland, riparian, wildlife and scenic Conservation Values of the Property, and shall remain in an unimproved condition not to exceed three (3) feet in width. Minimal trimming of vegetation as necessary to accommodate such a trail is permitted. The parties also understand and agree that in the event the northern boundary of the Property is adjusted to include acreage to the north of the current Property boundary pursuant to Subsection 6H, the Grantor shall have the right to grant easements for perpetual, private, non -motorized access to the Roaring Fork River as it may cross the land added to the Property, to the future owner of Lot A, and to any future owners of the North Parcel or any lots located thereon. However, all other conditions of access stated in this Section 10 shall also apply to any land added to the Property. 11. Water Rights. The Property subject to this Easement includes certain decreed and undecreed water rights, ditches and ditch rights, springs and spring rights, wells and groundwater Northeast Coffman Ranch Conservation Easement Page 13 1 11111111i 11E111E111111In III11►�►�ipo' 11[1111p COUNTY CO 643445 12/19/2003 03:14P B3548 14 of 28 R 141.00 D 0.00 GARFIEL rights, and of rights - any other types related to the ownership of water, tributary, non tributary and not non -tributary, appurtenant to or customarily or historically used or associated with or upon the ' Property, including, but not limited to, ownership interests in the First Enlargement of the Union Ditch No. 186-A and the Slough Ditch and Banning Lateral No. 193 as adjudicated May 3, 1937 in ' Garfield County Court Case No. 3082 (see Exhibit C), together with any and all of the rights associated with the historical and beneficial use of any of the embankments, flumes, headgates, measuring devices or other structures that are appurtenant to those water rights, along with all easements and rights of way therefor. Grantor and the Trust agree that a portion of these water rights (collectively "Dedicated Water Rights") must be maintained on the Property to ensure the minimum level of preservation and protection of the agricultural, scenic, and environmental Conservation Values, including wildlife, wetland and riparian habitat, defined more or less as the amount of water traditionally used to maintain the Property's Conservation Values. The descriptions and amounts of these Dedicated Water Rights are not specifically set forth herein. ' Grantor shall not transfer, encumber, sell, lease or otherwise separate from the Property, or change the historic use of the Dedicated Water Rights, without the prior written consent of and ' determination by the Trust that such transfer or other change is not inconsistent with the preservation and protection of the Conservation Values, or is justified by technological improvements in irrigation efficiency, or changes in vegetative water- requirements. Grantor agrees that any separation of Dedicated Water Rights from the Property allowed by the Trust pursuant to this Section may not later be alleged to be grounds for extinguishment of the Conservation Easement pursuant to Section 13, below. Non -Dedicated Water Rights appurtenant to the Property are not subject to this Easement, and may be sold or otherwise separated from the Property by Grantor; provided, however, that Grantor obtains a water analysis to quantify and specifically describe the Dedicated Waver Rights before separating any non -Dedicated Water Rights from the Property. The Trust shall not be entitled to any portion of the proceeds from such sale of non -Dedicated Water Rights. Grantor also agrees not to initiate actions which would form the basis to adjudicate additional water storage righs without the prior written approval of the Trust, which approval the Trust may withhold in its sole discretion. ' If Grantor fails to maintain the historic use of the Dedicated Water Rights upon the Property, or those rights necessary to preserve and protect the Conservation Values of the Property, Trust shall have the right, but not the obligation to enter upon the Property and undertake any and all actions reasonably necessary to continue the historic use of the Dedicated Water Rights in order to preserve and protect the Conservation Values of the Property. ' Grantor shall not abandon or allow the abandonment of, by action or inaction, any of the Dedicated Water Rights. If the Dedicated Water Rights are under threat of abandonment, or if the ' Trust approves the separation of Dedicated Water Rights from the Property pursuant to this Section, Grantor agrees that ownership of said Dedicated Water Rights shall pass to the Trust, and the Trust shall have the right to use such Dedicated Water Rights for beneficial conservation purposes on the Property or elsewhere in Garfield County, and to sell or otherwise convey all or part of such rights to the Colorado Water Conservation Board (hereinafter "CWCB"), or other entity qualified at the time of transfer to hold instream flow water rights for the specific purpose of adding instream flow to the 1 Roaring Fork River. In the event of a drought year, when sufficient water is not available to irrigate the entire agricultural portion of the Property, Grantor may elect to irrigate only a portion of the Northeast Coffu,an Ranch Conservation EasementPayo e 14 1 1 1 1 1 1 1 E 1 1 1 1 1 1 1 1 1 111111 11111 111111 111111 1111 111111 11111 III 111111 III 1111 643445 12/19/2003 03:14P B1548 P748 M ALSDORF 15 of 28 R 141.00 D 0.00 GARFIELD COUNTY CO Property, and may sign a "dry year lease" or similar contract with the CWCB, or other entity as is qualified at the time to hold such lease or contract, allowing Water Rights to be temporarily used for instream flow in the Roaring Fork River; provided, however, such lease, contract or change in irrigation practice does not threaten injury or abandonment to any portion of the Dedicated Water Rights. 12. Costs, Liabilities, Taxes and Environmental Compliance. 12.1 Costs, Legal Requirements and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property, including the maintenance of adequate liability insurance coverage, which names the Trust as an additional insured. Grantor remains solely responsible for obtaining any applicable governmental permits and approvals for any construction or other activity or use permitted by this Easement, and all such construction or other activity or use shall be undertaken in accordance with all applicable federal, state, and local laws, regulations and requirements. Grantor shall keep the Property free of any liens arising out of any work performed for, materials furnished to, or obligations incurred by Grantor. 12.2 Taxes. Grantor shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent authority (collectively "Taxes"), including any Taxes imposed upon, or incurred as a result of, this Easement, and shall furnish the Trust with satisfactory evidence of payment upon request. The Trust is authorized, but in no event obligated, to make or advance any payment of Taxes, upon ten (10) days prior written notice to Grantor, in accordance with any bill, statement, or estimate procured from the appropriate authority, without inquiry into the validity of the Taxes or the accuracy of the bill, statement, or estimate, and the obligation created by such payment shall bear interest until paid by Grantor to the Trust at the lesser of fifteen percent (15%) per annum, or the maximum rate allowed by law. 12.3 Open Space Conservation Fund Contribution. Upon the initial sale and each subsequent resale of an improved or unimproved Lot within the Property to another Person (excluding gifts, sales or transfers of land to the children and grandchildren of Rex and JoAnn Coffman, and transfers by court order or by will or intestacy), the Lot purchaser shall be obligated to pay to the Aspen Valley Land Trust, or such successor organization as exists at the time of transfer, an Open Space Conservation Fund Contribution in the amount of one quarter of one percent (0.25% or gross sales price times 0.0025) of the gross sales price in order that the Trust may continue to preserve open space. The Open Space Contribution is to be paid directly to the Trust at the time of sale or transfer of a Lot. If an Open Space Contribution is not paid to the Trust at the time of sale or transfer of a Lot as provided herein, the unpaid Open Space Contribution shall bear interest at the rate of eighteen percent (18%) per annum from the date of sale or transfer until paid in full, and shall cor_stitute the personal obligation of the purchaser/Lot Owner, and shall be a lien and security interest on the title to the lot being sold which may be foreclosed by the Trust in the same manner as a mortgage on real property. The delinquent purchaser/Lot Owner shall also be responsible for costs and attorneys' fees Northeast Coffman Ranch Conservation Easement Page 15 111E11 11111111111111111 1111 11111111111111111111BEI I• 643445 12/19/2003 03:14P B1548 P749 M ALSDORF 16 of 28 R 141.00 D 0.00 GARFIELD COUNTY CO 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 incurred by the Trust in collecting said unpaid Open Space Contributions, whether by efforts short of collection action or foreclosure, collection action in the courts and/or a foreclosure action. 12.4 Noxious Weeds. Grantor, its successors and assigns, shall comply with the Colorado Noxious Weed Act (hereinafter "Act"), C.R.S. 35-5.5-101, as the same now exists or may be amended from time to time, in connection with the Property. Should Grantor, pursuant to the Act, be required to eradicate any "undesirable plants" (as that term is described in the Act), Grantor shall work to create a control method of integrated management of such eradication which results in the least possible impact (environmental, biological, or otherwise) to the non -noxious biology and Conservation Values of the Property, whether such management requires cultural control, mechanical control, chemical control, or any combination thereof. Any and all costs incurred as a result of any required eradication process initiated pursuant to the Act shall be the sole obligation of Grantor. 12.5 Representations and Warranties. Grantor represents and warrants that, after reasonable investigation and to the best of its knowledge: A. No substance defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting,' or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment exists or has been released, generated, treated, stored, used, disposed of, deposited, abandoned, or transported in, on, from, or across the Property, except for fuels, lubricants and other substances [e.g. anti -freeze, paint, veterinary medicines] customarily used or transported in connection with camping, wrangling, agricultural and construction activities on the Property; B. There are not now any underground storage tanks located on the Property, whether presently in service or closed, abandoned, or decommissioned, and no underground storage tanks have been removed from the Property in a manner not in compliance with applicable federal, state, and local laws, regulations, and requirements; C. Grantor and the Property are in compliance with all federal, state, and local laws, regulations, and requirements applicable to the Property and its use; D. But for potential eminent domain proceedings for the establishment of a public roadway across the Property, there is no pending or threatened litigation in any way affecting, involving, or relating to the Property; E. No civil or criminal proceedings or investigations have been instigated at any time or are now pending, and no notices, claims, demands, or orders have been received, arising out of any violation or alleged violation of, or failure to comply with, any federal, state, or local law, regulation, or requirement applicable to the Property or its use, nor do there exist any facts or Northeast Coffman Ranch Conservation Easement Page 16 169251t/11110/131t1t11111KI181117L111111911 iii iiiiii �u ��11' 50 17 of 28 R 141.00 D 0 00 GARFIELD COUNTY CO 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 circumstances that Grantor might reasonably expect to form the basis for any such proceedings, investigations, notices, claims, demands, or orders; and F. Grantor warrants that Grantor has good and sufficient title to the Property, that Grantor has good right, full power and lawful authority to grant and convey this Easement, that any mortgages or liens on the Property are and shall remain subordinate to the terms of this Easement, and Grantor hereby promises to warrant and forever defend the title to the Easement against all and every person or persons lawfully claiming by, through or under Grantor, the whole or any part thereof, except for rights-of-way, easements, restrictions, covenants and mineral reservations of record, which are acceptable to the Trust at the time of execution of the Easement. 12.6 Remediation. If, at any time, there occurs, or has occurred, a release in, on, or about the Property of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, Grantor agrees to take all steps necessary to assure its containment and remediation, including any cleanup that may be required, unless the release was caused by the Trust, in which case the Trust shall be responsible therefor. 12.7 Control. Nothing in this Deed shall be construed as giving rise, in the absence of a judicial decree, to any right or ability in the Trust to exercise physical or managerial control over the day-to-day operations of the Property, or any of Grantor's activities on the Property, or otherwise to become an operator with respect to the Property within the meaning of CERCLA, and any Colorado state law counterpart. 12.8 Hold Harmless. Grantor shall hold harmless and indemnify the Trust and its members, directors, officers, employees, agents, personal representatives, successors, and assigns of each of them (collectively "indemnified Parties") from and against all liabilities, penalties, costs, losses, damages, expenses, cause of action, claims, demands, or judgments, including, without limitation, reasonable attorneys' fees, arising from or in any way connected with: (1) injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, unless due solely to the negligence of any of the Indemnified Parties; (2) the violation or alleged violation of, or other failure to comply with, any state, federal, or local law, regulation, or requirement, including, without limitation, CERCLA, by any person other than any of the Indemnified Parties, in any way affecting, involving, or relating to the Property; (3) the presence or release of hazardous or toxic substances in, on, from, under or about the Property at any time, of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, unless caused solely by any of the Indemnified Parties; and (4) the obligations, covenants, representations, and warranties of Sections 12.1 through 12.7. Northeast Coffman Ranch Conservation Easement Page 17 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 111111111111111111 111111 1111 111111 11111111 111111 III 1111 643445 12/19/2003 03:14P B1548 P751 M ALSDORF 18 of 28 R 141.00 D 0.00 GARFIELD COUNTY CO 13. Extinguishment and Condemnation. 13.1 Extinguishment. In granting this Easement, Grantor has considered the possibility that uses prohibited by the terms of this Easement may become more economically valuable than permitted uses and that neighboring properties may be used entirely for such prohibited uses in the future. It is the intent of Grantor and the Trust that any such changes shall not be deemed circumstances justifying the termination or extinguishment of this Easement. In addition, the inability of Grantor, or Grantor's heirs, successors or assigns, to conduct or implement any or all of the uses permitted under this Easement, or the unprofitability of doing so, shall not impair the validity of this Easement or be considered grounds for its termination or extinguishment If circumstances arise in the future that render the purposes of this Easement impossible to accomplish, this Easement can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction. Each party shall promptly notify the other when it first learns of such circumstances_ The amount of the proceeds to which the Trust shall be entitled, after the satisfaction of prior claims, from any sale, exchange, or involuntary conversion of all or any portion of the Property subsequent to such termination or extinguishment, shall be determined, unless otherwise provided by Colorado law at the time, in accordance with ._.Section 13-.2, below. The Trust shall use all such proceeds in a manner • consistent with the conservation purposes of this Easement. 13.2 Proceeds. This Easement constitutes a real property interest immediately vested in Trust, which the parties stipulate to have a fair market value of determined by multiplying (1) the fair market value of the Property unencumbered by the Easement (minus any increase in value after the date of this Deed attributable to improvements) by (2) the percentage of diminution in value to the Property attributed to the Conservation Easement, as determined by appraisal. The values at the time of this Deed shall be those values used to calculate the deduction for federal income tax purposes allowable by reason of this Deed, pursuant to Section 170(h) of the Internal Revenue Code of 1986, as amended. For the purposes of this Section, the ratio of the value of the Easement to the value of the Property unencumbered by the Easement shall remain constant. 13.3 Condemnation. If all or any part of the Property is taken by exercise of the power of eminent domain or acquired by purchase in lieu of condemnation, whether by public, corporate, or other authority, so as to terminate this Easement, in whole or in part, Grantor and the Trust shall act jointly to recover the full value of the interests in the Property subject to the taking or in lieu purchase and all direct or incidental damages resulting therefrom. All expenses reasonably incurred by Grantor and the Trust in connection with the taking or in lieu purchase shall be paid out of the amount recovered. The Trust's share of the balance of the amount recovered shall be determined by multiplying that balance by the formula set forth in Subsection 13.2. 13.4 Application of Proceeds. The Trust shall use any proceeds received under the circumstances described in this Section 13 in a manner consistent with its conservation purposes, which are exemplified by this Deed. Northeast Coffi,ian Ranch Conservation Easement Page 18 1111111 11111 111111 111111 1111111111 HEM 111111 1111111 U 643445 12719/2003 03:14P B1548 P752 M ALSDORF 19 of 28 R 141.00 D 0.00 GRRFIELD COUNTY CO 1 1 14. Assignment. This Easement is transferable by the Trust, but the Trust may assign its rights and obligations under this Easement only with Grantor's consent, which consent shall not be unreasonably withheld, to an organization that is (1) a qualified organization at the time of transfer under Section 170(h) of the Internal Revenue Code of 1986, as amended or succeeded, and the applicable regulations promulgated thereunder; (2) authorized to acquire and hold conservation easements under Colorado law; and (3) charged with a mission similar to the Trust's mission. As a -condition of such transfer, the Trust shall require the transferee to expressly agree, in writing, to carry out and uphold the purposes of this Easement and the Conservation Values and otherwise assume all of the obligations and liabilities of the Trust set forth herein or created hereby. After such transfer, the Trust shall have no further obligation or liability under this Easement. The Trust agrees to give written notice of and seek consent from Grantor for an assignment at least sixty (60) days prior to the date of such assignment. 15. Subsequent Transfers. Grantor agrees to incorporate the terms of this Easement, by reference or otherwise, in any Deed or other legal instrument by which it divests itself of any interest in the Property, including, without limitation, a leasehold interest. Grantor further agrees to give written notice to the Trust of the transfer of any such interest at least thirty (30) days prior to the date of such transfer. The failure of Grantor to perform any act required by this Section shall not impair the validity of this Easement or limit its enforceability in any way. 16. Estoppel Certificates. Upon request by Grantor, The Trust shall within thirty (30) days execute and deliver to Grantor, or to any party designated by Grantor, any document, including an estoppel certificate, which certifies, to the best of the Trust's knowledge, Grantor's compliance with any obligation of Grantor contained in this Easement or otherwise evidences the status of this Easement. Such certification shall be limited to the condition of the Property as of the Trust's most recent inspection. If Grantor requests more current documentation, the Trust shall conduct an inspection, at Grantor's expense, within sixty (60) days of receipt of Grantor's written request therefor. However, in the event that weather, or other circumstances outside of the Trust's control, prevent the Trust from conducting an inspection within sixty (60) days of receipt of Grantor's written request, the Trust shall conduct such inspection within a timely manner once such weather or circumstances which prevent the inspection no longer exist. 17. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage prepaid, addressed as follows or to such other address as either party from time to time shall designate by written notice to the other: To Grantor: Rex Coffman 1837 County Road 100 Carbondale, CO 81623 With a copy to: Jessica E. Jay, Esq. Conservation Law, P.C. 52 Meadowlark Drive Evergreen, CO 80439 Northeast Coffuian Ranch Conservation Easement Page 19 I Illill II1 IIliI IIlil III 11111 Itill III 1111111111111 S43445 12/19/2003 03:14P 81548 P753 11.ALSDORF 20 of 28 R 141.00 D 0.00 GARFIELD COUNTY CO To the Trust: �sr n -{-� Aspen Valley Land Trust Martha Cochran, Executive Director 320 Main Street, Suite 204 Carbondale, CO 81623 18. Recordation. The Trust shall record this instrument in timely fashion in the official records of Garfield County, Colorado, and may re-record it at any time as may be required to preserve its rights in this Easement. 19. Amendment. If circumstances arise under which an amendment to or modification of this Easement would be appropriate to promote the purposes of this Easement and the protection of the Conservation Values of the Property, Grantor and the Trust may jointly amend this Easement (in accordance with the Policies of the Trust.) However, the Trust is under no obligation to amend this Easement, and may decline to amend this Easement in its sole and exclusive judgment. No amendment shall be allowed that will affect the qualifications of this Easement under any applicable law. Any amendment must be consistent with the purposes of this Easement and the Conservation . Values and may not.affect_the Easement's perpetual- duration. Any amendment must be in writing, signed by both parties, and recorded in the records of the Clerk and Recorder of Garfield County, Colorado. 20. Subordination. If at the time of conveyance of this Easement, the Property is subject to a Deed of Trust, the trustee shall have agreed by separate instrument to subordinate its rights in the Property to the extent necessary to permit the Trust to enforce the purposes of this Easement in perpetuity and to prevent any modification or extinguishment of this Easement by the exercise of any rights of the trustee deed. 21. General Provisions. A. Exhibits. The following Exhibits are attached to and incorporated by reference into this Deed of Conservation Easement: Exhibit A: Legal Description of North Parcel; Exhibit B: Land Plan; and Exhibit C: Abstacts of Water Decrees Exhibit D: Survey of View Planes from Lot A to Roaring Fork River (to be added) B. Definitions. The terms "Grantor" and the "Trust," wherever used herein, and any pronouns used in place of those terms, shall be deemed to include, respectively, Grantor and its heirs, personal representatives, executors, administrators, successors and assigns, and the Trust, its successors and assigns. Northeast Coffivan Ranch Conservation Easement Page 20 1 IIIII►11111111111 Illlll 1111113131111111 1111111 111111 '643445 12/19/2003 03:14P B1548 P754 M ALSDORF 21 of 28 R 141.00 D 0 00 GARFIELD COUNTY CO C. Controlling Law. The interpretation and performance of this Deed shall be governed by the laws of the State of Colorado. D. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed in favor of the Deed to effect the purposes of this Easement and the policy and purpose of C.R.S. 38-30.5-101 et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purposes of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. The common law rules of disfavoring restrictions on the use of real property and construing restrictions in favor of the free and unrestricted use of real property shall not apply to interpretations of this Easement or to disputes between the Parties concerning the meaning of particular provisions of this Easement. E. Severability. If any provision of this Easement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid; as the - case may be, shall be deemed severable and remain in full force and effect. F. Entire Agreement. This instrument sets forth the entire agreement between the Parties with respect to this Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to this Easement, all of which are merged herein. G. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect, Joint Obligation. The obligations imposed by this Easement upon Grantor shall be joint and several (in the event that there is more than one Grantor). Successors. The covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of, the Parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Property. J. Termination of Rights and Obligations. A party's rights and obligations under this Easement terminate upon transfer of the party's interest in this Easement or the Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. K. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. Northeast Coffman Ranch Conservation Easement Page 21 1 11111111111111111 1111I1 111111111 11111111 1111111111111 643445 12/19/2003 03:14P 61548 P755 M ALSDORF 22 of 28 R 141.00 D 0.00 GARFIELD COUNTY CO L. Counterparts. The Parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by both parties; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. M. Merger. Unless the parties expressly state that they intend a merger of estates or interests to occur, then no merger shall be deemed to have occurred hereunder or under any document executed in the future affecting this Deed. Northeast Coffman Ranch Conservation Easement Page 22 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Y' • 1 111111 11111 111111 111111 1111 111111 IIIII 1111111111111111 643445 12/19/2003 03:14P 81548 P756 M RLSDORF 23 of 28 R 141.00 D 0.00 GRRFIELD COUNTY CO IN WITNESS WHEREOF, Grantor and the Trust have executed this Deed of Conservation Easement as of the date first written above. GRANTOR By: CX • Rex A. Coffman, weer By: 144(0"a JoAnn G. Coffman, Owner lrizonF STATE OF COLO AD ) -Marl ) ss. COUNTY OF GARI ) The foregoing instrument was acknowledged before me this by Rex A. Coffman and JoAnn G. Coffman as Grantor. WITNESS my hand and official seal. [SEAL] # L A A -A A • I. - 6 OFFICIAL SEAL KATIE BURTOP{ iiat - State of A MAR1COPA CORNY Comm. es DEC 15 2005 Y YYYTT 7 1Y Y y V s -01 day of ► (fir • 'f , 2003, &kk41 Notary blic My commission expires: hityfrnber )5 20 05 Northeast Coffi,Ian Ranch Conservation Easement 2003 Page 23 1 1 1 1 1 1 1 1' L 1 1 1 1. 1 1 1 1 1 11111111111111111111111111111111111111 III 1111111111111 643445 12/19/2003 03:14P B1548 P757 M ALSDORF 24 of 28 R 141.00 D 0.00 GARFIELD COUNTY CO ACCEPTED: ASPEN VALLEY LAND TRUST, a Colorado nonprofit corporation, By: Shannon Meyer, Associa ector STATE OF COLORADO COUNTY OF GARFIELD )s The foregoing instrument was acknowledged before me this day of 2003, by Shannon Meyer, as Associate Director of ASPEN VALLEY LAND TRUST, a Colorado nonprofit corporation. WITNESS my hand and official seal. MY COMMISSION OBER 27, 200�RES: 4 Notary Public My commission expires: o1,2iiixot Northeast Coffman Ranch Conservation Easement 2003 Page 24 Order Number: 426 Cor FHA, } 12Ard(-1{ WOO It t' L LEGALDESCRIP'TION rd. cr 0 0 azI- MI 0 C.19U t -x .(5.,i A PARCEL OF LAND SITUATED IN GOVERNMENT LOTS 12, 13/ 16, 17 AND A PORTION OF LOT 15 SECTION 36 TOWNSHIP 7 SOUTH, RANGE 88 WEST, OTHE SIXTH PRINCIPLE PRINCIPLE MERIDIAN BEING MORE PARTICULARLY MERIDIAN; LOT 14, SECTION 31, TOWNSHIP 7 SOUTH, RR TGE 87 WEST OF THE SIXTH -- gg� ED AS FOLLOWS: CIILBRLY DESCRIB COMMENCING AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT NORTHEAST CORNER OF SECTION 1, TOWNSHIP 8 SOUTH, TGE 88 PRINCIPAL IRIDIAN BEARS S 13°22'07" W 2162.73 F THENCE S 00°30'00" E., 716.87 FEET ALONG THE EAS 14; THENCE ALONG A FENCE LINE BEING THE NORTHERLY RIG THE FOLLOWING WING FOURTEEN (14) S 79°49'23" W A DISTANCE S 73°31'13* W A DISTANCE S 69°43'21* W A DISTANCE 9 74°47'25" W A DISTANCE S 81°33'50■ W A DISTANCE " W A DISTANCE S 81°30'50■ W A DISTANCE 1) 2) 3) \ 4) Ct N 5) �PN 6) S 81°11'21 OF 1 1 1 1 1 1 1 1 w m N ) S 86°24'26" W A DISTANCE OF 159.69 FEST; 10) S 87°37'15" W A DISTANCE OF 112.30 FEET; 11) S 89°05'08" W A DISTANCE OF 423.29 TENT; 12) S 88°16'36" W A DISTANCE OF 122.15 FEET; 13) N 88°14'12" W A DISTANCE OF 146.07 FEET; 14) N 83°44'01* W 61.10 FEET TO THE SOUTHEAST C37R OF A TRACT OF LAND AS DESCRIBED IN PLAT BOOR 763 PAGE 727; THENCE CONTINUING ALONG SAID FENCE COUNTY ROAD 100 THE FOLLOWING FIVE (5LING BEING THE)itORTHHRLY RIGHT OF WAY OF 1) N 88°09'40" W A DISTANCE OF 178.03) FEET; COURSES: 2) S 89°41'20* W A DISTANCE OF 149.39 FEET- 3) S 89°04'10" W A DISTANCE OF 283.80 FEET; 4) S 88°44'28" W A DISTANCE OF 30.21 FEET TO THE pC OF LAND AS DESCRIBED IN PLAT BOOK 765 PAGE 933; �TB&AST CORNER OF A PARCEL 5) S 88°44'33" W 511.81 FEET TO DESCRIBED T� SOUTHWEST CORER OF A TRACT OF LAND AS IN PLAT BOOK 765 PAGE 933; COURSES: OF 47.57 FEET; OF 120.98 FEST; OF 189.48 FEET; OF 129.37 FEET; OF 622.29 FEET; OF 701.96 FEET; 984_74 FEST; 8) S 83°53'Q4" W A DISTANCE OF 314.48 FEET; 9 14 WHENCE THE WEST OF THE 6TH LINE OF SAID GOVERN LOT OF WAY OF COUNTY ROAD 100 THENCE N 15°30'44■ E 192.83 FEET; THENCE S 87°21'45■ E 227.54 FEET; THENCE N 79°07'46■ E 120.81 FEET; THENCE S 84°37'27■ E 114.68 FEET TO A POINT ON TH TRACT OF LAND AS DESCRIBED IN PLAT BOOK 765 PAGE 27RTHEAST CORNER OR A THENCE 5 84°37'27" E 88.95 FEET; THENCE S 81°41'42■ E 67.60 FEET; THENCE N 82°04'26■ E 266.62 FEET; THENCE N 79°04'46- E 220.50 THENCE N 02044'09" E 115.26 FEST; THENCE N 22°09'51- E 22.78 FEET TO A POINT ON THEeWESTERLY LOT 16; LINE OF GOVERNMENT THENCE N 00010'33" W 1412.92 FEET ALONG THE WES Y LINE OF SAID GOVERNMENT -Continued on next page IL ' antinuation of Schedule A - Legal Description rder Number: 426 •ccs fLOT 16 TO THE SOUTHWEST CORNER OF sAiD ii s j o THENCE N 00'10'33" W 674.92 FRET ALONG LINELOT LY 13; CORNER OF SAID LOT 13 (WHENCE THE TO THE NORTHWEST50)0 if Ig UNTT '3 CORNER BEARS S OQ'1Q' 33" E 10.00 FEST); mu w n--� THENCE N 89"03'22■ E 885.38 FEET AL • - CO LOT 13 TO THE NO ONG THE NOR ..Y LINE OF SAID GOVERNMENT 10 a NORTHWEST CORNER OF SAID LOT 12; I THENCE 11 89'12'48■ E 494.20 FEET ALONG SAID NO DrY T' TO THE NORTHEAST CORNER OF SAID LOT 12; THENCE S 00.45'20■ E 697.53 FEET ALONG THE ° Y LINE OF SAID GOVERNMENT LOT 12, TO TRE SOUTHEAST CORNER OF SAID LOT 12; Isla p THENCE S 00"26'40■ E 602.39 FEST ALONG THE EASTERLY in m LOT 17 TO AN ANGLE POINT ON THE LINE OF GOVERNMENT e ine NORTHERLY LINE 014 SAID GOVSRNigNT LOT 17; Im - THENCE N 88"31'40• E 2683.86 FEET TO THE NOR N LOT 14, SAID POINT ALSO BEING OF �� GOA 1-1 0) Vi THE POINT OF BEGINiy*I11G FOR THIS DESCRIPTION_ - N COUNTY OF GARFIELD N STATS OF COLORADO 0 ■ �- i0 (O N 1 1 1 1 1 1 1 1 1 1 1 1 d 0) v 0 •p < = 0 o TLD 12 ction 36 1 1 L 0 m 1 r 3s 36 31 r ct O Q 0 Main 41) CX OEM 0 GI 0 ro mem a _I - 11-1 o rZ CO 0 _.teaCC vtoe •m B (+) 1 _ 0 m K.74 ?.; N ct' 1 • N 111 at 4- . 0 cr l0 N Coffman Ranch/Site Plan/North Parcel and Joann Coffman. oRex F" 1837 100 Road Carbondale, Colorado 81623 t" g: ct O Q 0 Main 41) CX OEM 0 GI 0 ro mem a _I - 11-1 o rZ CO 0 _.teaCC vtoe •m B (+) 1 _ 0 m K.74 ?.; N ct' 1 • N 111 at 4- . 0 cr l0 N 111111` 1111 111111 111111 iii 111111111r 1111111 -II Illi 64283ofg282R19/2003 141.00 D 0.00 GARFIELD61 M COUNTYSF CO EXHIBIT C Abstracts of Water Rights 128288 The Union Ditch No. 186-A. Said ditch is numbered 136-A. Under former decrees of the Court it has been awarded Priority No. 265-A for 9.44 cu. fi. of water per second of time relating back to and dated from the 20th day of April A.D. 1884 under and by virtue of original construction. Said ditch is under this decree entitled to Priority No. 301 for 21.56 cu. ft. of water per second of time relating back to and dating from the 20th day of April, A.D. 1890, under and by virtue of the First Enlargement. The claimants of said ditch are Alex Cuaz, Arthur B. Dudley; Arthur Bon, Jr. and Mrs Gerbaz. Said ditch is used for irrigation purposes and takes its supply of water from the Roaring Fork River in Garfield County, Colorado. The headgate is located on the South bank of said river at a point which bears from the Southeast comer of Tp. 7 S., R. 88 W. 6th P.M. North 52°52' West 2542 feet. The testimony in this case establishes that the water and priority rights and volume of water awarded said ditch under said prior decree have at all times been beneficially used and applied in accordance with the terms of the decree establishing the same and said decree and the priority right thereby awarded are hereby ratified and confirmed. IT IS FURTHER ORDERED, ADJUDGED AND DECREED, That there be allowed to flow into said ditch frcm said Roaring Fork River for the use aforesaid and for the benefit of the parties entitledthereto and by virtue of the appropriation by First Enlargement, Priority No. 301 for 21.56 cu. ft. of water per second of time relating back to and dating from the 20th day of April A.D. 1890. IT IS FURTHER ORDERED, ADJUDGED AND DECREED, That said Priority No. 301 hereby awarded to the extent of 21.56 cu. ft. of water per second of time is hereby made absolute and unconditional. IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that the total amount of water to which said ditch is at present -entitled is computed at 31 cu. ft. of water per second of time. Done in open Court, By the Coat. John T. Shumate, Judge. State of Colorado, County of Garfield. I, N.D. Smith, Clerk of the District Court in and for the County of Garfield in the Ninth Judicial District of the State of Colorado do hereby certify the above and foregoing to be full, true and complete copy of that part of the decree entered in Cause No. 3082 in the County Court entitled: IN THE MA ITTER OF THE ADJUDICATION OF PRIORITY RIGHTS TO THE USE OF WATER FOR IRR.GATION IN WATER DISTRICT NO. 38 IN THE STATE OF COLORADO, MAJOR BETEMPS, ETAL petitioners, which refers and pertains to the Union Ditch #186-A. Witness my hand and seal of the said Court in the Court House in Glenwood Springs, County and State aforesaid this 3rd day of May A. D. 1937. N. D. Smith, Clerk. Filed for record June 5, 1937 at 9:45 o'clock A.M. in Book 189 at page 157. 128289 The Slough Ditch and Banning Lateral No. 193. Said ditch is numbered 193. Under former decrees of this Court it has been awarded Priority No. 274 for 6.58 cubic feet of water per second of time relating back to and dating from the 31' day of May, A.D. 1884 under and by virtue of original construction. - Said ditch is under this decree entitled to Priority No. 309 for 42.68 cubic feet of water per second of time relating back to and dating from the 31' day of May A.D. 1890 under and by virtue of the First Enlargement. The claimants of said ditch are H. I. Gardner, Catherine L. Gardener, Daniel Flynn, Estate of Margaret Flynn, deceased, Arthur B. Dudley, Alex Cuaz, Arthur Bon, Jr. and Mars Gerbaz. Said ditch is used for irrigation purposes and takes its supply of water from the Roaring Fork River in Garfield County, Colorado. The headgate is located on the South bank of said river at a point from which the Southeast corner of Section 36, Township 7, south, Range 88, West of the 6th P. M. bears South 2°30'18" last 1545 feet. The testimony in this case establishes that the water and priority rights and volume of water awarded said ditch under said prior decrees have at all times been beneficially used and applied in accordance with the terms of the decree establishing the same, and said decrees and the priority rights thereby awarded are hereby ratified and confirmed. IT IS FURTHER ORDERED ADJUDGED AND DECREED That there be .allowed to flow into said ditch frcm said Roaring Fork River for the use aforesaid and for the benefit of the parties entitled thereto under and by virtue of the appropriation by First Enlargement Priority No. 309 for 42.68 cubic feet of water per second of time relating back to and dating from the 31' day of May, A. D. 1890. IT IS FURTHER ORDERED, ADJUDGED AND DECREED That said priority No. 309 awarded, to the extent of 42.68 cubic feet of water per second of time is hereby made absolute and unconditional. IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT, that the total amount of water to which said ditch is at present entitled is computed at 49.26 cubic fee: of water per second of time. Certified to on May 3, 1937 as a true copy by N.D. Smith, Clerk of the District Court of Garfield County, Colcrado. Done in open Court, By the Court: John T. Shumate, Judge. Filed for record June 5, 1937 at 9:47 o'clock A.M. in Book 189 at page 160. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Attachment 15 Wildlife Report Coffman Ranch/North Parcel ■ Subdivision Exemption Application ■ February2004 WILDLIFE REPORT COFFMAN RANCH CARBONDALE, COLORADO Prepared by Dawn Keating, Wildlife Management Consulting November 2003 INTRODUCTION The purpose of the following report is to describe the wildlife habitat and species found on the 141.8 -Coffman Ranch located at 1837 County Road 100, Carbondale, Colorado. Wildlife values are identified based on an analysis of the wildlife habitat and species present. This information will be incorporated into the Baseline Documentation Report for the Coffman Ranch as part of the process of placing a conservation easement on the property. 1 METHODOLOGY Preparation of the following report is based upon a combination of site visits, relevant document research and conversations with other wildlife and land use professionals. Two site visits were conducted in June and July of 2003. The purpose of these visits was to inventory animal species, photograph property, and survey the general character and condition of the land. Reports reviewed for their applicability to this property included current Colorado Division of Wildlife (CDOW) Wildlife Resource Information System (WRIS) maps, Natural Diversity Information System (NDIS) inventories, Colorado Natural Heritage Program (CNHP) lists of sensitive species, Town of Carbondale Three Mile Area Plan, and the 1997 - 1999 Roaring Fork Biological Inventory. Discussions took place with staff at Aspen Valley Land Trust, Colorado Division of Wildlife (CDOW), the property owners and plant ecologist Lisa Tasker. Determination of the wildlife values was based on the above research and the author's current and previous work in the Roaring Fork Valley during the past 15 years. WILDLIFE FEATURES The following section describes the wildlife features of the property, including species, habitat and significance found in cottonwood riparian and cropland vegetative communities that cover the property. Research and field inventories conducted for the property reveal that Coffman Ranch (CR) supports a high level of wildlife diversity: • At least 60 species of birds • 22 species of mammals • 2 amphibians and one reptile The property encompasses sensitive habitats for black bear, mule deer, bald eagle and Canada goose. Wildlife Species The two plant communities - riparian and cropland - provide an array of cover, foraging, nesting and breeding opportunities for a highly diverse composition of wildlife species. The following tables list the bird and mammal species known or likely to occur on the CR property. Birds The 60 bird species listed below breed, nest, forage or winter on the CR property. Birds highlighted are those listed as "sensitive" by the State of Colorado, the Colorado Natural Heritage Program or are Watchlisted by Partners in Flight. Partners in Flight is a partnership between Federal, state and local government agencies, conservation groups, the academic community and private individuals to protect birds in the continental United 2 States not already listed under the Endangered Species Act in response to declining populations of many bird species. Cottonwood Riparian Plant Community at Coffman Ranch Cottonwood Riparian Plant Community Sensitive species Bunting, Lazuli Passerina amoenia * Catbird, Gray Dumetella carolinensis Chickadee, Black -capped Poecile atricapillus Dipper, American Cinclus mexicanus * Eagle, Bald Haliaeetus leucocephalus * Flicker, Northern Colaptes auratus Flycatcher, Cordilleran Empidonax oberholseri * Flycatcher, Willow Empidonax traillii * Goldfinch, American Carduelis tristis Goose, Canada Branta canadensis Grosbeak, Black -headed Pheucticus melanocephalus Heron, Great Blue Ardea herodias 3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Hummingbird, Broad -tailed Selasphorus playcercus * Killdeer Charadruis vociferus Kingfisher, Belted Ceryle alcyon Blackbird, Brewer's Magpie, Black -billed Pica pica Blackbird, Red -winged Mallard Anas platyrynchos Bluebird, Mountain Oriole, Bullock's Icterus bullockii Bunting, Lazuli Owl, Great Homed Bubo virginianus Cowbird, Brown -headed Robin, American Turdus migratorius Crow, American Sandpiper, spotted Actitis macularia Dove, Rock Sapsucker, Red-naped Sphyapicus nuchalis * Snipe, Common Gallinago gallinago Sparrow, Fox Passerella iliaca Sparrow, Lincoln's Melospiza lincolnii Sparrow, Song Melospiza Melodia Sparrow, White -crowned Zonotrichia leucophrys Swallow, Tree Tachycineta bicolor Swallow, Violet -green Tachycineta thalassina * Teal, Cinnamon Anas cyyaboptera Thrush, Swainson's Catharus ustulatus Veery Catharus fuscescens * Warbler, MacGillivray's Oporornis tolmiei * Warbler, Wilson's Wilsonia pusilla Warbler, Yellow Dendroica petechia Waxwing, Cedar Bombycilla cedrorum Woodpecker, Downy Picoides pubescenes Woodpecker, Lewis' Melanerpes lewis * Wood -pewee, Western Contopus sordidulus Wren, House Troglodytes aedon Cropland Plant Community Sensitive species Blackbird, Brewer's Euphagus cyanocephalus Blackbird, Red -winged Agelaius phoeniceus Bluebird, Mountain Sialia currucoides Bunting, Lazuli Passerina amoenia * Cowbird, Brown -headed Molothrus ater Crow, American Corvus brachyrhynchos Dove, Rock Columba livia 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Eagle, Golden Aquila chrysaetos Goshawk, Northern Accipiter gentilis * Hawk, Cooper's Accipiter cooperii Hawk, Redtailed Buteo jamaicensis Kestrel, American Falco sparverius * Killdeer Charadrius vociferus Magpie, Black -billed Pica pica Oriole, Bullock's Icterus bullockii Robin, American Turdus migratorius Sparrow, Vesper Pooecetes gramineus Starling, European Sturus vulgaris Swallow, Barn Hirundo rustica Turkey, Merriam's Meleagris gallopavo Bird populations across Colorado are undergoing changes from activities both within and outside Colorado. Within Colorado, human -caused changes to bird habitat from 150 years of development from towns, homes, dams and agricultural operations have altered the species composition in many areas. While some species have declined such as northern goshawk, Lewis' woodpecker or bald eagle, other species such as the American robin, brown -headed cowbird and European starling have increased. Outside Colorado, changes and consumption of habitat in Central and South America where many migratory species winter is leading to a decline in numbers of these neotropical birds that spend their breeding season in the Rocky Mountains. These trends in bird populations are mirrored in the Roaring Fork Valley (1997 Roaring Fork Valley Bird Monitoring Report). Of the 264 bird species that breed in Colorado, 64 were Watchlisted as of 1998. Nine species of birds on the CR property are Watchlisted by Partners in Flight (Lazuli bunting, American dipper, bald eagle, Cordilleran flycatcher, broad -tailed hummingbird, American kestrel, red-naped sapsucker, violet -green swallow and Lewis' woodpecker). Two are among the U. S. Forest Service/Bureau of Land Management Sensitive species (Lewis' woodpecker and northern goshawk); bald eagles are a state "threatened" species. The Colorado Natural Heritage Program (CNHP) tracks five species on the property (bald eagle, northern goshawk, willow flycatcher, Lewis' woodpecker, and veery) as part of an international network of ranking natural diversity to identify sensitive or imperiled species. 5 1 IMammals/Reptiles/Amphibians 1 1 Twenty-two mammal, two amphibians and one reptile species are known or likely to occur in the two plant communities on the CR property. These species are attracted to the foliage height diversity provided by the array of plant species, fruit -bearing shrubs, hay meadows and variety of seeds, enabling these animals to spend some or all of the year foraging, breeding or seeking shelter on the property. 1 1 1 1 1 1 1 Trees cut down by beavers on the Coffman Ranch Of the twenty-five species listed below, one is listed as "sensitive" by the U. S. Forest Service Rocky Mountain Region 2 (Colorado chipmunk). The U.S. Office of Endangered Species lists long-legged myotis as a Category 2 species. This listing means that the species is of concern, but additional study is needed to ascertain its population levels. Colorado Natural Heritage Program tracks the northern pocket gopher as a sensitive species. Mammal Species of Riparian and Cropland Plant Communities Sensitive species Bear, Black Ursus americanus Bobcat Lynx rufus Chipmunk, Colorado Eutamias dorsalis * 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Chipmunk, least Tamias minimus Cottontail, Nuttall's Sylvilagus nuttailli Coyote Canis latrans Deer, Mule Odocoileus hemionus Elk Cervus elaphus Fox, red Vulpes vulpes Gopher, Pocket Thomomys talpoides agrestis * Mountain Loin Felis concolor Mouse, Deer Peromyscus maaniculatus Mouse, House Mus musculus Muskrat Ondatra zibethicus Myotis, Long-legged Myotis volans * Porcupine Erethizon dormatum Shrew, Montane Sorex monticolus Shrew, Water Sorex palustris Skunk, Striped Mephitis mephitis Squirrel, Rock Spermophilus variegatus Vole, Meadow M pennsylvanicus Weasel, Long-tailed Mustelafrenata In the riparian and cropland habitats, there are two amphibians, striped -chorus frog (Psuedacris triseriata) and the tiger salamander (Ambystoma tigrinum). There is one reptile, garter snake (Thamnophis elegans). Significant Wildlife Use of the Property The CDOW Wildlife Resource Information System (WRIS) maps delineate important habitats that should be avoided or considered by land use planners, public land agencies, developers and private landowners in land use decisions. The WRIS maps describe 23 species and 64 habitat types for Colorado with the information displayed in digital Geographic Information System (GIS) file format. On CR, black bear, mule deer, Canada goose and bald eagle have mapped important habitats. One other species, elk, has mapped habitat across County Road 100 on the southern parcel of the Coffman property. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 A great blue heron nest is across the river from the property. These are discussed below, and the WRIS maps are attached in the appendix. Black Bear (Ursus americanus) - Suitable habitat occurs throughout the Roaring Fork Valley for black bears, including the CR property. Bears inhabit most of the forested ecosystems in the valley, but they are especially fond of areas abundant in nut - or berry - producing vegetation. The prevalence of these plant species within the riparian zone on CR and land to the south, including the Crown, accounts for the "fall concentration area" designation on the WRIS maps for CR. These areas are defined as that portion of the overall range that is occupied by black bears from August 15 to September 30 for the purpose of ingesting large quantities of mast and berries to establish fat reserves for the winter hibernation period (Figure 1). Mule deer summer and winter ranges on the Coffman Ranch Mule Deer (Odocoileus hemionus) - The WRIS maps delineate winter range, summer range, highway crossings and resident population areas on CR (Figures 2). Mule deer use the property year-round because of the variety of plant species available for food in the riparian and cropland plant communities, thick cover and readily available water in the Roaring Fork River. Field surveys confirmed these WRIS designations as evidenced by heavy browsing of the understory shrubs and numerous pellet groups. Definitions provided by CDOW for these designations are: 8 1 1 1 1 1 1 1 1 1 1 1 1 Winter Range Summer Range Highway Crossing That portion of the home range where 90% of the individuals are located from December 1 - April 15 during the average five winters out of ten. That part of the overall range where 90% of the individuals are located between spring green -up and the first heavy snowfall. Summer range is not necessarily exclusive of winter range; in some areas winter range and summer range overlap. Those areas where mule deer movements traditionally cross roads, presenting potential conflicts between mule deer and motorists. Resident Population WRIS Mapped Highway Crossing on County Road 100 An area that provides year-round range for a population of mule deer. A minimum population is 75 animals, of which one-half is mature females, and requires at least 1,125 acres of summer range and 750 acres of winter ranger to remain viable. 9 Winter and summer range habitats are mapped across County Road 100 on the south parcel of the CR, accounting for the designated "highway crossing". This crossing is the result of less steep hillsides, enabling the deer to move back and forth between these ranges more easily. The WRIS maps also show mule deer severe winter range and winter concentration areas on the south parcel and on the undeveloped Crown and Aspen Crystal River Estates above the Coffman property. Bald Eagle (Haliaeetus leucocephalus): The bald eagle is primarily a winter resident in Colorado. At this location, they predominantly forage and roost in the large cottonwoods along the Roaring Fork River. Two WRIS habitats overlay parts of CR and are described below (Figure 3). Winter Range Areas where Bald eagles have been observed between November 15 and April 1. Roost Site Groups of or individual trees that provide day and/or night perches for less than 15 wintering bald eagles; includes a buffer zone 1/4 mile around these sites. Two roost sites are mapped within a 1 /4 -mile of CR. The southern mapped roost site is across County Road 100 in a large spruce tree behind Ackerman Log Homes (pers. comm. Kevin Wright, CDOW). Its 1/4 -mile buffer includes the eastern pastures on the CR. The second mapped roost site is along the Roaring Fork River in the cottonwoods within the St. Finnbar Ranch and is within the open space easement section of St Finnbar where homesites are precluded (Ron Liston, St. Finnbar, pers. comm.). The buffer zone for this roost site encompasses the northeast comer of the CR. Canada Goose (Branta canadensis): Attracted to the year-round open water in the Roaring Fork River, geese are common on CR, especially during the winter when other bodies of water may be ice -covered. The WRIS map shows four habitats: brood concentration areas, foraging areas, winter concentration areas and winter range (Figure 4). Elk (Cervus elaphus): There is no mapped WRIS elk habitat on the north parcel of the Coffman Ranch where the conservation easement and development are proposed. However, across County Road 100 on the south parcel, three sensitive elk habitats are present: critical habitat, winter concentration area and severe winter range (Figure 5). In recognition of the importance of winter habitats for deer and elk, Pitkin County, Eagle County and the Town of Snowmass Village prevent development in critical habitat, severe winter range and winter concentration areas. This is in response to growing concern over the loss of these habitats to development, especially residential. The very characteristics that make winter range attractive for homesites (less snow accumulation, sunny aspect, forested cover) also make it good habitat for deer and elk. 10 Garfield County does not have land use codes preventing development in winter range habitats, preferring instead to rely on private property owners to submit conservation - minded development plans. These WRIS areas on the south parcel are defined below. Winter Concentration Area Severe Winter Range Critical Habitat That part of the winter range where densities are at least 200% greater than the surrounding winter range density during the same period used to define winter range in the average five winters out of ten. That part of the range of a species where 90% of the individuals are located when the annual snow pack is at its maximum and/or temperatures are at a minimum in the last two worst winters out of ten. A designation that may be applied to any activity area mapped for a species, thus indicating that within a designated Data Analysis Unit, loss of that activity area would adversely affect that species. Important cottonwood trees for herons and eagles on the Coffman Ranch Great Blue Heron (Ardea herodias): No heron rookeries are on the CR property, but one nest is located across the river in a large cottonwood on the Ranch at Roaring Fork. Herons have attempted to nest here for at least the past four years (field monitoring by author). Established rookeries both up stream and down stream of this site may indicate that the herons are trying to establish another rookery, but with limited success (Figure 6). Fledging of young birds has occurred only twice in the past four years. Wind knocked down the nest in the other two years. 11 WILDLIFE VALUES Described below are six wildlife values that the property contains and are worthy of preservation. The six values either typify a riparian/cropland plant community at this elevation or are exceptional or rare features that distinguish the property. 1. Birds - Two elements distinguish the property in this category: habitat for a diverse array and number of species (60); habitat for 12 Watchlisted, Sensitive or Threatened species. 2. Mammals - Provides habitat for 22 mammals, 2 amphibians and 1 reptile common to cottonwood riparian and cropland plant communities. Three of these species are listed as "sensitive" with the U. S. Forest Service, a Category 2 species or tracked by CNHP. 3. Significant Habitats for Mule Deer - Contains important winter range, summer range, resident population and highway crossing habitats for mule deer. These WRIS habitats are quickly disappearing in western Colorado due to development. 4. Significant Habitat for Bald Eagles - Contains winter range and buffer zones for eagle roost sites. 5. Significant Habitat for Canada Goose - Contains winter range, winter concentration and brood concentration areas. 6. Habitat Connectivity - One of the important elements of CR is its potential to connect to other land preserved for wildlife, vegetative, scenic and agricultural values in the Roaring Fork Valley. The 1999 Roaring Fork Biological Inventory prepared by Colorado Natural Heritage Program has designated two Potential Conservation Areas (PCA) near the property. These PCA's have plant and animal species of natural heritage significance. (Figure 7). The 500 -acre Ranch at Roaring Fork PCA overlies CR. This PCA is recommended for protection because of its intact riparian plant community, two rare orchids, a heron nest and a diverse mix of native bird species. The mountain whitefish is thought by the CDOW to be in the Roaring Fork River that bisects this PCA. The 1999 Inventory report describes the 7000 -acre Crown PCA as containing sensitive and unique plants worthy of conservation. This PCA is southeast of the CR and is comprised of private and public lands. This PCA also contains important deer and elk habitat as described above. Placing a conservation easement on the Coffman Ranch will contribute to long-term protection of the wildlife values identified in the Ranch at Roaring Fork PCA and provide for habitat continuum between these two PCAs. Aspen Valley Land Trust has acquired conservation easements on properties surrounding Carbondale, Colorado including three parcels in the Prince Creek drainage and two in the West Sopris drainage. These five parcels: Flying Dog Ranch, Danciger, Jelinek, Brackett and Sopris Mountain Ranch total 1,080 acres and contain wildlife 12 habitat, plant communities, scenic and agricultural values. Placing a conservation easement on the Coffman Ranch will increase this block of protected land and foster efforts to preserve conservation values, including wildlife, east and south of Carbondale. Management Recommendations The management actions recommended below would help preserve the wildlife values of the Coffman Ranch: • Prevent removal of native cottonwoods in order to preserve roosting sites and buffer zones for eagles and herons. • Prohibit free -roaming dogs in winter when use by deer is heightened. • Prohibit free -roaming cats year-round in order to preserve birds. • Encourage homeowners to use bear -proof trashcans and manage birdfeeders, pet food and grills during the fall so as not to attract bears. • Remove barbed wire fences along County Road 100 to enhance deer highway crossing area. • All property fences should meet CDOW specifications in order to protect deer and small mammals. • Encourage homeowners to use landscape material that does not attract deer, elk and bears. Continue to fence or remove hay bales so as not to attract deer and elk. • Monitor eagle roost sites and report any activity to the CDOW. • Educate landowners on the wildlife values found on the property. • Prepare a wildlife management plan for the property. Coffman Ranch fences along County Road 100 13 Summary The Coffman Ranch is 141.8 - acre parcel east of Carbondale where a mix of conserved land and up to nine homesites are proposed. This report describes the wildlife features of the property for the Baseline Documentation Report. The report describes: • 60 birds, 22 mammals, 2 amphibians and 1 reptile which are known or likely to occur on the property. • 12 birds Watchlisted, Sensitive or Threatened. • 3 mammals listed as Sensitive or Category 2 species. • Colorado Division of Wildlife WRIS mapped habitats for bear, deer, eagle and goose. • 6 Wildlife Values Lastly, the report recommends inceptive management actions that preserve the wildlife values described on the Coffman Ranch. The abundance of species and wildlife habitats on the Coffman Ranch clearly identifies a rich natural heritage that is of significant importance, not only to the plant and animal communities, but also to the community of Carbondale and the greater Roaring Fork Valley. 14 1 REFERENCES I1. Colorado Natural Heritage Program, 1997. Roaring Fork Biological Inventory, Colorado State University, Ft. Collins, CO. 1 2. Gray, Mary Taylor, 1998. The Guide to Colorado Birds, Westcliff Publishers, Englewood, CO. 1 3. Holsinger, Ken, January 2003. WRIS mapping. Bureau of Land Management, Glenwood Springs, CO. 1 4. Kershaw, Linda, Andy MacKinnon, and Jim Pojar, 1998. Plants of the Rocky Mountains, Lone Pine Publishing, Edmonton, AB, Canada. I 5. Kingery, Hugh (Editor), 1998. Colorado Breeding Bird Atlas. Colorado Bird Atlas Partnership and Colorado Division of Wildlife, Denver, CO. I 6. Natural Diversity Information Source (NDIS) for Colorado, 2000. System for Conservation Planning, Colorado State University, Ft. Collins, CO. Website http:// ndis.nrel.colostate.edu 1 9. Otak, Rock Creek Studio, March 2000. Town of Carbondale Three Mile Plan. 36 N. Fourth Street, Carbondale, CO 81623 1 10. Rennicke, Jeff, 1990. Colorado Wildlife, Falcon Press Publishing, Helena, MT. 11. Vidal, Linda, 1997. Roaring Fork Valley Bird Monitoring Project, Roaring Fork Chapter 1 of the Audubon Society, Aspen, CO. 14. Yanishevsky, Rosaling and Susan Petring-Rupp, 1996. Management of Breeding Habitat 1 for Selected Bird Species in Colorado, Colorado Division of Wildlife, Denver, CO. 15. U. S. Department of Agriculture, Forest Service, Rocky Mountain Region, 1987. I Managing Forested Lands for Wildlife, Colorado Division of Wildlife, Denver, CO. 1 1 1 1 1 15 APPENDIX WILDLIFE RESOURCE INFORMATION SYSTEM MAPS COFFMAN RANCH 1837 COUNTY ROAD 100 CARBONDALE, CO 81623 Dawn Keating Wildlife Management Consulting Carbondale, CO 970/963 - 3023 November 2003 16 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ---1-'),,,..',"` 17 ro i :. ,_ ,.--'..�— -.tee .>. (srbonnle 1 i i4 � , 4R /I� �., ?fi\Rh�.�" a k sy b i 1 %uwe,t -f�i.� ,"a .rT Xt ...i ! ',,c,.megy�1 :.7.-...;-.- itr, - 1..1/ 'tV P-- a�i"�'%f /—r-1�/s ( $'. -,dlnf .. _. �' - `� (— Jlt---:-.7, V.,:[,,./%9"...... -,;_f, / _ —� MAF _ / v _ ti — • —- — - 7 _._ - hh( '_ r ,��; Imo, v "dA ? 5�, I"•_ -�- t - 1 _. �-,�' co 13 Legend Coffman Figure L Coffman �e:,nch Wildlife Map: Bear N Ranch - North Parcel , w-- Bear Fall Concentration Area s 0.5 0 0.5 1 1.5 Moles � - 1:48,000 M ipping White River Comeru tion Project (c)2003 Prsparod by orchard Compton Legend Coffman Ranch - North Parcel Deer Summer Range Deer Winter Range Resident Deer Population Deer Highway Crossing Coffman R nch lidlife d t.pa D`-er 0.5 0 0.5 1:36,000 1 Miles CO 2003 Prepared by t5dwrd Compton • • 'I' 1-- -‘ •-• ' • • vro ,••;0' ▪ • -1••• • di ‘ N : • _,.=.".........‹.„,..--=', ( _ : ''" -'7'•••••• •115e5 • ...,.. __ _ ,s,F ,,--7 --- 7 t , ,t, t V' _ : _ \------- . ---• ' • , • :,„t„.......... „itst ,-.., ,. ---.4"„te---r • , ,--,- • L,,i , ,„... --_......--- ,.;r,....- ,a4.4• •• • \ I ' .1. ,., . . 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" -,1,-,.. • . ^•^-,1•‘,.-:.,•.- '.4. .?....! . ,,s'...........„ • -.V-.....,_ i.. • - . --,,. ..._ i Who -'14-•••>•• • kT. 1 - /:!,4 4, • ' • • -r„- - *•N ' - 3o •f • • - • I. • ) _.„ A outlaw& ' • • •413• • I • - ,i'.1g,•••• --,..,.,;...,7.,..-_:.-171,__ , 1 .11,4wijill _----')........• r - All... 111/4120.41311111115211111MIMMOIMpommusiii •--..-',,- ..., ,- ..../.....--:,• ../ " -:.---:::-------N----....,....{,,, ,1,., '...--.... - "'-_-,-,-:",."'.'..167).S--;:-.`‘.1.,4„,/ ..:1'-'---- - \ \ .,,•.' .:----2,-.5-;', 3-i -Tc .-.' ,!. - :--;',,T '7.4 '...•'i.:'; ---.• •••••••,•. , .,._,,•,.,,,..---:•••=:'`,. ... - •' l'':---1 • 1 --"J '• ('-1.•••=----.-4'4...:.:--.-4":-•-•.4:-"•-'1..-.;•„ ..... \( • - ' ii-:'-`"-..:.,"-14,7-it,____ r•l!? ___,.., - , -- — ,........„......_ .__ --.\ •,__,...:----::-:...„. __.-- ' _., „ - ,tv. :, t' ;!:,'".. _,:_- :, -----. 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Legend Coffman Ranch - North Parcel Bald Eagle Winter Range Bald Eagle Roost Sites 0.5 0 0.5 1:36,000 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Legend Figure 4 Coffman Ranch Wildlife p: Canada 0 Coffman Ranch - North Parc& Goose Winter Range, Breeding and Foraging Area Goose Winter Concentration Area Goose Brood Concentration Area Mapping: White River Conservation Project 1 r.,f, .,•.' . • s `'' i', s {;1pPI• • ".,• '• '‘,•7::,';-•:,•*• • �• rte '" •:: ; ' ,r i' • ;�; ;`-..-.__.: ; —til 1 1 " I `... .,.:iY — �%` - _— _=1 r: . 1 _, - } 1. ., r l ' f '. . x _— :"a._ .. t- 1`+ .? '�� r — - _:� - .t:' - _ 7 ;1 f. �. _. ,• _•. -. k ., t ^r' ; ,E r``, .t::-...:7 1 . \I :C:_ • ... -• .,. - %'. �� -'.m ,:,� rl 1 1 I �Ir-r___: --- ,�,_t _ 9 n �'y^f _ _ 1 j -- r- L _ _ _ r_ •'•~ - ! _ _ :i ✓`�..,, : c _ , .. ... ..... ,, ,:. i ( - - L . 7' • - ..-_ yam. , \ r L'"� I .-•.� I - _ i.: y r i �- ,^y}�{}'.. •d r c°- 1111.-... 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Whits -River 1:36, 000 1 (c) 2003 Prepared by Richard Compton REPLY TO ATTENTION OF DEPARTMENT OFTHE ARMY U.S. ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS 1325 J STREET SACRAMENTO, CALIFORNI • March 25, 20 aw ED Regulatory Branch (200475108) MAR 2 6 2.004 GARFIELD COUNTY BUILDING & PLHNNING Mr. Fred Jarman Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 EXHIBIT Dear Mr. Jarman: We are responding to your written request for comment on the 142 acre, Coffman Ranch, North Parcel Subdivision, east of the Town of Carbondale. The project site is located at the Roaring Fork River within Section 36, Township 7 South, Range 88 West, Garfield County, Colorado. In accordance with Section 404 of the Clean Water Act, a Department of the Army permit is required for any discharge (including mechanized land clearing) of dredged or fill material in waters of the United States. Within the context of Section 404, "waters of the United States" are defined as the territorial seas; perennial and ephemeral streams; lakes, ponds, impoundments; and wetlands. Federal law requires that any individual or entity proposing to discharge into waters of the United States obtain a Department of the Army permit prior to commencing such work. To aid the applicant, we have enclosed a list of wetland consultants who routinely perform wetland delineations and are familiar with the Section 404 permit process. After review of the material submitted, it is our preliminary determination that the identified "slough ditch" depicted on Figure 1, is a water of the United States subject to Clean Water Act jurisdiction. The U.S. Geological Survey, Carbondale Quadrangle (7.5) identifies this feature as an ephemeral channel with direct connection to the Roaring Fork River (also a water of the U.S.). Additionally, it is unclear if there are any jurisdictional wetlands (not solely supported by irrigation) within the three identified building envelopes. • • We have assigned number 200475108 to this project. Please refer to this number if a Department of the Army permit is required on this development project. If you have any questions, please write to me at the address below, telephone (970) 243-1199, extension 15 or email mark.a.gilfillan@usace.army.mil. Sincerely, Mark Gilfilla Biologist, Colorado/Gunnison Basin Regulatory Office 400 Rood Avenue, Room 142 Grand Junction, Colorado 81501-2563 Enclosure Copies Furnished: Mr. Rex and Mrs. JoAnn Coffman, 1837 County Road 100, Carbondale, Colorado 81623 Mr. Mark Bean, Garfield County, 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 Form No. GW S-25 APPLICANT OFFICE OF TTATE ENGINEER COLORADO Dl'�6SION OF WATER RESOUR S 818 Centennial Bldg., 1313 Sherman St., Denver, Colcradc 80203 (303) 866-3581 REX AND JOANN COFFMAN 1837 COUNTY ROAD 100 CARBONDALE, CO 81623- (970) 963-2375 PERMIT TO CONSTRUCT A WELL LIC WELL PERMIT NUMBER DIV. 5 WD 38 60800 -F DES. BASIN MD 1 Block: Filing: Subdiv: COFFMAN NORTH PARCEL EXEMPTION APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 SE 1/4 Section 36 Township 7 S Range 88 W Sixth P.M. DISTANCES FROM SECTION LINES 1625 Ft. from South 170 Ft, from East UTM COORDINATES Northing: Section Line Section Line Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT �4f~SDJTIONS OF APPROVAL 1) This weft shall be used in such a way as to cause no material injury to existing water tights. 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 construction of this well shall be in compliance with the Water Wei? Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Constructor 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 Roaring Fork River, as an alternate point of diversion to the Basalt Conduit, on the condition teat the well shall be operated only when the Basalt Water Conservancy District's substitute water supply plan, approved by the tate Engineer, is in effect and when a water allotment contract between the well owner and the(Basalfflater Conservancy District�or the release of replacement water from Ruedi Reservoir is in effect, or under an app?—aved plan -fur -augmentation. BWCD contract #430. 4) The use of ground water from this well is limited to ordinary household purposes inside six1Sisingie f rn lydwelkng • and the irrigation of not more than 15,000 square feet of horse gardens and lawns. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as thoften i North WWj 5) The pumping rate of this well shall not exceed 45 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 3.25 acre-feet. 7) The owner shall mark the well in a conspicuous place with well perrnit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) This well shall be constructed not more than 200 feet from the location specified on this permit and at least 500 feet from any existing well, completed in the same aquifer, that is not owned by the applicant. 9) 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 reque5€ APPROVED JSG Receipt No. 9501731 tb DATE ISSUED 03-03-2004 By EXPIRATION DATE G3-03.20U5� 11- 3-04;10:36AM;SCIlenkKerStSa'deWlnter JOHN R. SCHENK DAN KERST WILLIAM J. deWINTER, III CAROLYN M. STRAUTMAN 970 945 2440 # 2/ 14 SCHENK, KERST & deWINTER, LLP A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW 302 EIGHTH STREET, SUITE 310 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 TEA ECOPIER: (970) 945-2440 November 3, 2004 Carolyn Dahlgren, Esq. Garfield County Attorney's Office 108 Eighth Street, Suite 2219 Glenwood Springs, CO 81601 Re: Coffman Exemption Our File #11423 Dear Carolyn: Via Facsimile - 384-5005 Thank you for the reference to the provisions of the Act which allow a non-profit association to hold real property interests. I have accordingly revised the Covenants to provide for the Homeowner's Association ownership of the irrigation rights as anticipated in the Commissioners' approval. I transmit a blacklined copy of the revised Covenants which also make reference to an attached exhibit describing the access, utility and well easement. I also enclose the Common Well Covenants which have also been revised to refer to an attached description of the easement. I also transmit a "clean" copy of each of the Covenants. Let me know if you desire any additional revisions. I otherwise anticipate that the Covenants are acceptable. We intend that Scarrow will make the final revisions to the plat as requested by Fred and that this matter can be placed on the Commissioners' agenda for November 8. Thank you for your cooperation in this regard. DK/rlb Enclosures xc: Rex and Jo Ann Coffman Fred Jarman w/enc. (384-3470) UV 1n411..4lll 1>A11L[i44'.Nl.fno Form No. GWS -25 APPLICANT OFFICE OF TH•TATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 • REX AND JOANN COFFMAN 1837 COUNTY ROAD 100 CARBONDALE, CO 81623- LIC WELL PERMIT NUMBER 60800 -F DIV. 5 WD38 DES. BASIN MD Lot: 1 Block: Filing: Subdiv: COFFMAN NORTH PARCEL EXEMPTION APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 SE 1/4 Section 36 Township 7 S Range 88 W Sixth P.M. DISTANCES FROM SECTION LINES 1625 Ft. from South Section Line 170 Ft. from East Section Line (970) 963-2375 PERMIT TO CONSTRUCT A WELL UTM COORDINATES Northing: Easting: 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 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 construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Roaring Fork River, as an alternate point of diversion to the Basalt Conduit, on the condition that the well shall be operated only when the Basalt 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 Basalt Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. BWCD contract #430. 4) The use of ground water from this well is limited to ordinary household purposes inside six (6) single family dwellings, and the irrigation of not more than 15,000 square feet of home gardens and lawns. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as the Coffman North Well. 5) The pumping rate of this well shall not exceed 45 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 3.25 acre-feet. 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) This well shall be constructed 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. 9) 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 req56,1v'/f APPROVED JSG ,Receipt No. 9501731 State Engineer DATE ISSUED 03-03-2004 4,e By EXPIRATION DATE 03-03-2005 • May 14, 2004 oCIIC FIRE • EMS • RESCUE Fred Jarman Garfield Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 • RE: Coffman Ranch Subdivision Exemption, County Road 100 Driveway — Slough Ditch Crossing Dear Fred: RECEIVED MAY 1 7 2004 GARFIELD BUILDING & COUNTY I have inspected the driveway crossing across the Slough Ditch at the Coffman Ranch that has recently been constructed. The crossing is acceptable for emergency apparatus. Please contact me if you have any questions. Sincerely, Bill Gavette Deputy Chief cc: Rex Coffman Carbondale & Rural Fire Protection District 300 Meadowood Drive • Carbondale, CO 81623 • 970/963-2491 Fax 963-0569 5 SEP 1 5 2004 CARBONDALE & RURAL I I N��C FIRE PROTECTION DISTRICT DATE / 300 MEADOWOOD DRIVE %}� RECEI6RaM, CO 81623 (i �t)�'�%�� as -7 - DOLLARS Account Total $ /0'5 Amount Paid $ ) ISS Balance Due $ COFFMAN RANCH ACCOUNT 12-e4 1837 - 100 ROAD 970-963-2375 CARBONDALE, CO 81623 PAY TO THE ORDER OF Cir 6criA Le 1:Z3banka www.usbank.com a� FOR XFi o� �e�� rrd S t c1 -Q 7152 23-2/1020 253 DATE q- is C r OLLARS COFFMAN RANCH ACCOUNT C0 Onions on Back 0007 LS 20 ':10200002LI:12S30L263724 REQUEST APPLICANT LOCATION SITE DATA 1 Alify 3 PROJECT INFORMATION AND STAFF COMMENTS BOCC 09/13/04 FJ Extension to file the final plat for the Coffman Exemption Rex & JoAnn Coffman 1837 CR 100 (1.7 miles east of Carbondale on the north side of CR 100) 141 -acre parcel (approximately) I. BACKGROUND The Board approved an Exemption from the Definition of Subdivision for the Applicant on April 19, 2004. This approval allowed the Applicant to divide the 141 -acre property into a total of four lots. Specifically, the proposal includes creating three new lots (approximately 4 acres each) leaving the remainder lot to consist of approximately 129 acres and containing the existing improvements including the Coffman residence. Pursuant to Section 8:33 of the Subdivision regulations, the Applicant was to submit a final plat to the County within 120 days of the Board's approval (or prior to August 19th, 2004) for review and ultimately a signature by the Board. At this time, no final plat has been submitted to the County for review or signature by the Board. II. DESCRIPTION OF THE PROPOSAL The Applicant requests the Board grant an extension of time in order to file the final plat stating that there have been problems with the surveying process and determining lot descriptions. III. AUTHORITY Section 8:33 of the Subdivision Regulations provides direction to an applicant to submit a final plat within 120 days of the approval by the Board. The regulations are silent as to what action may be taken by the Board if an applicant has not submitted the required information within this time frame. As a general practice, the Board has routinely granted 1 -year extensions to Applicants when they request such an extension prior to the expiration of the 120 -day deadline. In this case, the Applicant is requesting an extension after the 120 -day deadline has expired. IV. RECOMMENDATION The regulations are silent regarding recourse if an Applicant fails to submit a final plat after the deadline. Staff is very aware that the Applicant has been working towards submitting the final plat for several months but understands the Applicant was uninformed as to the deadline. Based on this knowledge and progress that has been made, Staff recommends the Board extend the deadline to file the final plat until April 19th, 2005 which is equal to a 1 -year extension. -1- FROM : COFFMAN RANCH 4110 FAX NO. : 9709632375 ie 4' . 1rn 10E (Ctx S t. 5a.'4E .20f le►Jttirrlcr.l " � S � Or 6 rk‘ h. at 9 4 I< pat C,N CNeQ-� pry 61 ..., s C7 !L /M •p. 07 2004 10:35AM P2 1�r� rem S i DrV DA ret. les • 1 MEMORANDUM To: Fred Jarman From: Steve Anthony Re: Comments on the Coffman Exemption Date: April 6, 2004 The Vegetation Management Department requests that the applicant provide a map and inventory of any County Listed Noxious Weeds on the 142 acre parcel and provide a weed management plan that will address any inventoried noxious weeds. The weeds that may be present in the area are: plume less thistle, Canada thistle, oxeye daisy, and Russian -olive. It is requested that the applicant provide a statement as to who will be responsible for weed management on the access road into the proposed three new lots. dea..do _J ammi W .:,.r .r.amAaftwilr :! w AarJ AMNIA gmmw 1111.j..1111 1111...4a1 e 4n • rb• mo' .' O, bh N., ''' " n b1 von Ug m ti N 00°00'00" E N 00' E 396.00' LL 107 1,100 lZ 107 1,400 (sa.»V� pal ed ti ]Os Eu m x • 114IRR IIgilp d fit. ,4111$11 ft}! I!t I!! li' 4 N 00°10'33 91 107 1,400 w Colo t. co co It W fl at 27.84' Sce-‘....:)..\3 3; O nm 0°) ti1' (.+ w 1.1 M z 0 N GOV'T LOT 12 b EL 00 1 66'Z09 ,£S'L69 M S / 3 ..0Z, S6.00 S % ,.Gh.90.00 GOVT :laaJed qp0NI18301, 00 00 00 Lo IN r t 0 oI 88 { ,o r Conceptual Site Plan Coffman Ranch/North Parcel/Subdivision Exemption Rex and Joann Coffman = 1837 100 Road Carbondale, Colorado 81623 al(I.� N$l�0 8 t c. g pN 8 `"' g • • •14.6, y, a 1_.J a • Ap.il 30, 2004 Rex Co_ -man 1837 County Road 100 Carbondale, CO 81623 ATTN: Rex iSOr (7- Tr, ,s, Ace, ;‘ '''''' •,'A'' A ilMTP 1P.4333° 45 4€+w 9 3"'O ')47 044() p.1 • oc,eti et Le On April 29, 2004; a well teat was conducted on a well on the Coffman'; Prcperty (a) North Side, .East The infbrmat'cIi \ as i h:a nei_', Well Depth --. 40' Casing Size-------- 7 x 5 - Standing water 'e°, el -- S.78' Iota! test ±irr.e 4 Hours Drawth,w': to 9.9''' Prodi:ction is ?0 Cii'M_ This test was conducted 9..ith 2 Hp 25GS20 Gcou1Jk Te;. Pomp The well recovered hack 3.73' 11 4 Minutes. The production on this well is stlff.cient for tiireS;n zi l<i1ii:11 ;3,.‘-elli 1 s. If you 'nave aDy questions please ( :l is ' ^ ' S e, Fon at 970-945-5309. Sincerely, Raun E Samuelson Samuelson Pump Co P.C. Box 297 • Glervi of Springs, CO 81602 • (973) 945-63:9 • Fox (970) 9474448 E yJi^~"v " Scjss, Sdr:'!c. Ma 12 04 0011Ca Run Sivruelsor, • 970-047-0440 • JOHN C. KEPHART tft.„ CO. 435 NORTH AVENUE iA I PHose: (970) 242-7618 • L, A ATI p 1 gAx: (970) 243-723S • GRANO JUNCTION, COLORADO 81501 — ANAUYTICAL REPORT — lincevod trnnu Samuelson Pump Co. PO Bo:: 297 Glenwood Springs, CO 8.1602 (970)945-6309. fax 947-944S 5191 Sur Samuelson water Criler Nu. Lmboratory Nc. Sample 4/7.0/04 5/7/03 Dal4 Received Date Repcp-ted Lab MA rib el'. 519J Lirts, -Frr Eaifiplb.: IL Cof+man 4/.7.9,4 4 :2FN ng Nor.L1 Side 'Last W .-. Q11 'H.:u1plies Eoloradn Dnpt. Health fe.ta Coj:l+crm 6acter.la Nitate(NI cot1100m-:. .mg./1 '714 bs, 10 mc)/1 3;DO Lab Director; D. Dauer • Garfield County INTEROFFIC ' NDUM SURVEYOR SCOTT AIBNER, P.L.S To: Fred Jarman, Building and Planning Department From: Scott Aibner — Garfield County Surveyor Subject: Coffman Ranch Subdivision Exemption North Parcel Plat - Review Date: 6/25/03 Dear Fred, Upon review of the Coffman Ranch Subdivision Exemption North Parcel Plat, I have prepared a list of comments or corrections to be made prior to approval for survey content and form. 1. Lot 1 is to busy graphically for this scale. I suggest a blowup of this area. 2. The building envelopes need to be fully annotated so as to replicate their position on the ground. 3. The boundary text along the easterly line of the easement area should reflect the true boundary distance instead of the government lot distance. 4. The boundary depicted in the vicinity map is not correctly positioned. 5. The two parcels described by book and page at the westerly end of Lot Four, in my opinion, should either become a part of Lot Four or be excluded from this subdivision exemption altogether. Once these comments have been addressed, the surveyor may prepare the mylar for record pendi g further requirements from your office, Sincerel Scott Aibner As Garfield County Surveyor cc Donald Bagent — Scarrow and Walker, Inc. 109 8th Street, Suite 201 • Glenwood Springs, CO 81601 • (970) 945-1377 • Fax: (970) 384-3460 • e-mail: saibnen ga eld-county com NOTICE TO: Owners of Slough Ditch and Banning Lateral FROM: Rex and Jo Ann Coffman 1837 County Road 100 Carbondale, CO 81623 DATE: October 27, 2004 RE: Notice of Bridge Replacement In connection with our creation of three subdivision exemption lots, we have replaced the wooden bridge over which we historically accessed the portion of our property lying northerly of the ditch with a 5 -foot steel culvert. The new culvert does not restrict the flow of water in the ditch and we believe actually improves the ditch flow. If you do not have objections to our installation of the culvert and its continued use for access to the properties northerly of the ditch, please so indicate by signing this notice in the space provided below and return the same to me or to our attorney, Dan Kerst, 302 Eighth Street, Suite 310, Glenwood Springs, Colorado 81601, phone 945-2447, fax 945- 2440. If you have not returned this form or if you have not otherwise provided written objection to the culvert installation by November 12, 2004, it will be assumed that you have no objection to the culvert installation. Thank you for your consideration in this regard. The undersigned owner of an interest in the Slough Ditch and Banning Lateral has no objection to the Coffmans' installation of the culvert in the ditch as above provided. (SignatuYe (1-xto i� 1z/1IV G S EvO (Print or type name) OW 11 W EMO 1.1-nii NOTICE TO: Owners of Slough Ditch and Banning Lateral FROM: Rex and Jo Ann Coffman 1837 County Road 100 Carbondale, CO 81623 DATE: October 27, 2004 RE: Notice of Bridge Replacement In connection with our creation of three subdivision exemption lots, we have replaced the wooden bridge over which we historically accessed the portion of our property lying northerly of the ditch with a 5 -foot steel culvert. The new culvert does not restrict the flow of water in the ditch and we believe actually improves the ditch flow. If you do not have objections to our installation of the culvert and its continued use for access to the properties northerly of the ditch, please so indicate by signing this notice in the space provided below and return the same to me or to our attorney, Dan Kerst, 302 Eighth Street, Suite 310, Glenwood Springs, Colorado 81601, phone 945-2447, fax 945- 2440. If you have not returned this form or if you have not otherwise provided written objection to the culvert installation by November 12, 2004, it will be assumed that you have no objection to the culvert installation. Thank you for your consideration in this regard. The undersigned owner of an interest in the Slough Ditch and Banning Lateral has no objection to the Coffmans' installation of the culvert in the ditch as above provided. (Signature) (Print or type name) O:WkC flTituni\MEMO I rnn k, L I'N-f go LI (Z.I\( • • NOTICE TO: Owners of Slough Ditch and Banning Lateral FROM: Rex and Jo Ann Coffman 1837 County Road 100 Carbondale, CO 81623 DATE: October 27, 2004 RE: Notice of Bridge Replacement In connection with our creation of three subdivision exemption lots, we have replaced the wooden bridge over which we historically accessed the portion of our property lying northerly of the ditch with a 5 -foot steel culvert. The new culvert does not restrict the flow of water in the ditch and we believe actually improves the ditch flow. If you do not have objections to our installation of the culvert and its continued use for access to the properties northerly of the ditch, please so indicate by signing this notice in the space provided below and return the same to me or to our attorney, Dan Kerst, 302 Eighth Street, Suite 310, Glenwood Springs, Colorado 81601, phone 945-2447, fax 945- 2440. If you have not returned this form or if you have not otherwise provided written objection to the culvert installation by November 12, 2004, it will be assumed that you have no objection to the culvert installation. Thank you for your consideration in this regard. The undersigned owner of an interest in the Slough Ditch and Banning Lateral has no objection to the Coffmans' installation of the culvert in the ditch as above provided. (Print or type nam O:Wk eoffi M4EMO Lrmu NOTICE TO: Owners of Slough Ditch and Banning Lateral FROM: Rex and Jo Ann Coffman 1837 County Road 100 Carbondale, CO 81623 DATE: October 27, 2004 RE: Notice of Bridge Replacement In connection with our creation of three subdivision exemption lots, we have replaced the wooden bridge over which we historically accessed the portion of our property lying northerly of the ditch with a 5 -foot steel culvert. The new culvert does not restrict the flow of water in the ditch and we believe actually improves the ditch flow. If you do not have objections to our installation of the culvert and its continued use for access to the properties northerly of the ditch, please so indicate by signing this notice in the space provided below and return the same to me or to our attorney, Dan Kerst, 302 Eighth Street, Suite 310, Glenwood Springs, Colorado 81601, phone 945-2447, fax 945- 2440. If you have not returned this form or if you have not otherwise provided written objection to the culvert installation by November 12, 2004, it will be assumed that you have no objection to the culvert installation. Thank you for your consideration in this regard. The undersigned owner of an interest in the Slough Ditch and Banning Lateral has no objection to the Coffmans' installation of the culvert in the ditch as above provided. (Sigure) Jo A n //* JeL e 06, ee', (Print or type name) 0 Wk10rOma, MhMO I. fnii • 1 NOTICE TO: Owners of Slough Ditch and Banning Lateral FROM: Rex and Jo Ann Coffman 1837 County Road 100 Carbondale, CO 81623 DATE: October 27, 2004 RE: Notice of Bridge Replacement In connection with our creation of three subdivision exemption lots, we have replaced the wooden bridge over which we historically accessed the portion of our property lying northerly of the ditch with a 5 -foot steel culvert. The new culvert does not restrict the flow of water in the ditch and we believe actually improves the ditch flow. If you do not have objections to our installation of the culvert and its continued use for access to the properties northerly of the ditch, please so indicate by signing this notice in the space provided below and return the same to me or to our attorney, Dan Kerst, 302 Eighth Street, Suite 310, Glenwood Springs, Colorado 81601, phone 945-2447, fax 945- 2440. If you have not returned this form or if you have not otherwise provided written objection to the culvert installation by November 12, 2004, it will be assumed that you have no objection to the culvert installation. Thank you for your consideration in this regard. The undersigned owner of an interest in the Slough Ditch and Banning Lateral has no objection to the Coffmans' installation of the culvert in the ditch as above provided. \O (as &6 (Signature) c -u. 1\)K (Print or type name) 0 Voi, nii,. MLMO I. fn. 1 2CC4 CERTIFICATION I hereby certify that the attached Notice was delivered personally or by regular mail to an owner of each property served by the Slough Ditch and Banning Lateral as identified in records reflecting the property owners who have previously paid their prorata share of expenses related to ditch maintenance. The list of said property owners is as follows: Dave McMorris Larry Gerbaz George Kilby Buck Deane Paul Nieslanik Judy Detweiler Barry Hansel C Marian Nilsen Royal Laybourn Henry Hite John Jacobson Dale Eubank Rex and JoAnn Coffman Dated this / SI" day of May , 2004. a Rex A. Coffman NOTICE TO: Owners of Slough Ditch and Banning Lateral FROM: Rex and Jo Ann Coffman 1837 County Road 100 Carbondale, CO 81623 DATE: October 27, 2004 RE: Notice of Bridge Replacement In connection with our creation of three subdivision exemption lots, we have replaced the wooden bridge over which we historically accessed the portion of our property lying northerly of the ditch with a 5 -foot steel culvert. The new culvert does not restrict the flow of water in the ditch and we believe actually improves the ditch flow. If you do not have objections to our installation of the culvert and its continued use for access to the properties northerly of the ditch, please so indicate by signing this notice in the space provided below and return the same to me or to our attorney, Dan Kerst, 302 Eighth Street, Suite 310, Glenwood Springs, Colorado 81601, phone 945-2447, fax 945- 2440. If you have not returned this form or if you have not otherwise provided written objection to the culvert installation by November 12, 2004, it will be assumed that you have no objection to the culvert installation. Thank you for your consideration in this regard. The undersigned owner of an interest in the Slough Ditch and Banning Lateral has no objection to the Coffmans' installation of the culvert in the ditch as above provided. j2-40-11fl=a)10/01--(' .F-)5 At (Signature) (Print or type name) NOTICE TO: Owners of Slough Ditch and Banning Lateral FROM: Rex and Jo Ann Coffman 1837 County Road 100 Carbondale, CO 81623 DATE: October 27, 2004 RE: Notice of Bridge Replacement In connection with our creation of three subdivision exemption lots, we have replaced the wooden bridge over which we historically accessed the portion of our property lying northerly of the ditch with a 5 -foot steel culvert. The new culvert does not restrict the flow of water in the ditch and we believe actually improves the ditch flow. If you do not have objections to our installation of the culvert and its continued use for access to the properties northerly of the ditch, please so indicate by signing this notice in the space provided below and return the same to me or to our attorney, Dan Kerst, 302 Eighth Street, Suite 310, Glenwood Springs, Colorado 81601, phone 945-2447, fax 945- 2440. If you have not returned this form or if you have not otherwise provided written objection to the culvert installation by November 12, 2004, it will be assumed that you have no objection to the culvert installation. Thank you for your consideration in this regard. 'The undersigned owner of an interest in the Slough Ditch and Banning Lateral has no objection to the Coffmans' installation of the culvert in the ditch as above provided. �--a_ v\Qp.Q.ekZ (Print or type nne) O:WkWuRi11a1M EMO 1.1.1 Oct 28 04 01:57p NOTICE TO: Owners of Slough Ditch and Banning Lateral FROM: Rex and Jo Ann Coffman 1837 County Road 100 Carbondale, CO 81623 DATE: October 27, 2004 RE: Notice of Bridge Replacement p.1 T P9DC CJI In connection with our creation of three subdivision exemption lots, we have replaced the wooden bridge over which we historically accessed theportion of our property lying northerly of the ditch with a 5 -foot steel culvert_ The new culvert does not restrict the flow of water in the ditch and we believe actually improves the ditch flow, If you do not have objections to aur installation of the culvert and its continued use for access to the properties northerly of the ditch, please so indicate by signing this notice in the space provided below and return the same to me or to our attorney, Dan Kerst, 302 Eighth Street, Suite 310, GIenwood Springs, Colorado 81601, phone 945-2447, fax 945- 2440. If you have not returned this form or if you have not otherwise provided written objection to the culvert installation by November 12, 2004, it will be assumed that you have no objection to the culvert installation_ Thank you for your consideration in this regard. The undersigned owner of an interest in the Slough Ditch and Banning Lateral has no objection to the Caffmans' installation of the culvert in the ditch as above provided, (Print or type name) • • NOTICE TO: Owners of Slough Ditch and Banning Lateral FROM: Rex and Jo Ann Coffman 1837 County Road 100 Carbondale, CO 81623 DATE: October 27, 2004 RE: Notice of Bridge Replacement In connection with our creation of three subdivision exemption lots, we have replaced the wooden bridge over which we historically accessed the portion of our property lying northerly of the ditch with a 5 -foot steel culvert. The new culvert does not restrict the flow of water in the ditch and we believe actually improves the ditch flow. If you do not have objections to our installation of the culvert and its continued use for access to the properties northerly of the ditch, please so indicate by signing this notice in the space provided below and return the same to me or to our attorney, Dan Kerst, 302 Eighth Street, Suite 310, Glenwood Springs, Colorado 81601, phone 945-2447, fax 945- 2440. If you have not returned this form or if you have not otherwise provided written objection to the culvert installation by November 12, 2004, it will be assumed that you have no objection to the culvert installation. Thank you for your consideration in this regard. The undersigned owner of an interest in the Slough Ditch and Banning Lateral has no objection to the Coffmans' installation of the culvert in the ditch as above provided. (Print or type name) O:Wk4:,th, M4EMO Lfnn • • NOTICE TO: Owners of Slough Ditch and Banning Lateral FROM: Rex and Jo Ann Coffman 1837 County Road 100 Carbondale, CO 81623 DATE: October 27, 2004 RE: Notice of Bridge Replacement In connection with our creation of three subdivision exemption lots, we have replaced the wooden bridge over which we historically accessed the portion of our property lying northerly of the ditch with a 5 -foot steel culvert. The new culvert does not restrict the flow of water in the ditch and we believe actually improves the ditch flow. If you do not have objections to our installation of the culvert and its continued use for access to the properties northerly of the ditch, please so indicate by signing this notice in the space provided below and return the same to me or to our attorney, Dan Kerst, 302 Eighth Street, Suite 310, Glenwood Springs, Colorado 81601, phone 945-2447, fax 945- 2440. If you have not returned this form or if you have not otherwise provided written objection to the culvert installation by November 12, 2004, it will be assumed that you have no objection to the culvert installation. Thank you for your consideration in this regard. The undersigned owner of an interest in the Slough Ditch and Banning Lateral has no objection to the Coffmans' installation of the culvert in the ditch as above provided. p� vl M f (Print or type name) ONJk1Corrour.A EMO 1. inn 5 / h 1'f NOTICE TO: Owners of Slough Ditch and Banning Lateral FROM: Rex and Jo Ann Coffman 1837 County Road 100 Carbondale, CO 81623 DATE: October 27, 2004 RE: Notice of Bridge Replacement In connection with our creation of three subdivision exemption lots, we have replaced the wooden bridge over which we historically accessed the portion of our property lying northerly of the ditch with a 5 -foot steel culvert. The new culvert does not restrict the flow of water in the ditch and we believe actually improves the ditch flow. If you do not have objections to our installation of the culvert and its continued use for access to the properties northerly of the ditch, please so indicate by signing this notice in the space provided below and return the same to me or to our attorney, Dan Kerst, 302 Eighth Street, Suite 310, Glenwood Springs, Colorado 81601, phone 945-2447, fax 945- 2440. If you have not returned this form or if you have not otherwise provided written objection to the culvert installation by November 12, 2004, it will be assumed that you have no objection to the culvert installation. Thank you for your consideration in this regard. The undersigned owner of an interest in the Slough Ditch and Banning Lateral has no objection to the Coffmans' installation of the culvert in the ditch as above provided. at.c/i 5 . ll 1, t (Signatu J11-H., 'Lev - (Print (Print or type name) 0.41k ofrinar,MEMO I.fn,E • r NOTICE TO: Owners of Slough Ditch and Banning Lateral FROM: Rex and Jo Ann Coffman 1837 County Road 100 Carbondale, CO 81623 DATE: October 27, 2004 RE: Notice of Bridge Replacement In connection with our creation of three subdivision exemption lots, we have replaced the wooden bridge over which we historically accessed the portion of our property lying northerly of the ditch with a 5 -foot steel culvert. The new culvert does not restrict the flow of water in the ditch and we believe actually improves the ditch flow. If you do not have objections to our installation of the culvert and its continued use for access to the properties northerly of the ditch, please so indicate by signing this notice in the space provided below and return the same to me or to our attorney, Dan Kerst, 302 Eighth Street, Suite 310, Glenwood Springs, Colorado 81601, phone 945-2447, fax 945- 2440. If you have not returned this form or if you have not otherwise provided written objection to the culvert installation by November 12, 2004, it will be assumed that you have no objection to the culvert installation. Thank you for your consideration in this regard. The undersigned owner of an interest in the Slough Ditch and Banning Lateral has no objection to the Coffmans' installation of the culvert in the ditch as above provided. (Signature) (Print or type name) O:\LIkCnfi, M1MO I.fnn 1 RECE E • DEPARTMENT OFTHE ARMY JUN 0 7 2O9PARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS GARFELD COUNTY 1325 J STREET REPLYT'iIS LViNG & PLA�i%II CRAMENTO, CALIFORNIA 95814-2922 ATTENTION OF June 1, 2004 Regulatory Branch (200475108) Mr. Fred Jarman Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Dear Mr. Jarman: We have completed our review of the 142 -acre Coffman Ranch, North Parcel Subdivision east of the Town of Carbondale. The property site is located at the Roaring Fork River within Section 36, Township 7 South, Range 88 West, Garfield County, Colorado. In previous correspondence from our office dated March 25, 2004, we identified concerns surrounding potential impacts to the Slough Ditch that exists along the south side of the proposed subdivided lots. We had preliminarily identified the Slough Ditch as an ephemeral channel tributary to the Roaring Fork River as depicted on U.S. Geological Survey mapping information. Upon a site inspection of Slough Ditch on April 29, 2004, we have determined that the ditch is not an ephemeral channel, rather it exists as an irrigation ditch and is clearly separated from the Roaring Fork River by an irrigation headgate with associated water rights for irrigation use. The U.S. Army Corps of Engineers (Corps) recognizes certain Clean Water Act exemptions identified at 33 CFR Part 323.4 (a) General, (discharges not requiring permits). Certain activities directly associated with the construction or maintenance of irrigation ditches can be exempted from permitting. However, other activities, not directly associated with those clearly identified at Part 323.4 (a), including impacts for roads or subdivision access may require Corps permitting. Minimal impacting permits for specific uses (Nationwide General permits) are available to the public, upon application, for projects such as those considered at the Coffman Ranch. Currently, the Coffman Ranch Slough Ditch remains an "activity specific" jurisdictional water of the United States, pending clarifying guidance from our Sacramento District Branch Office. We understand that new guidance concerning jurisdiction over irrigation ditches is currently being developed within our District. • • -2- We suggest that applicants within Garfield County, considering potential impacts to waters of the U.S., contact this office for site-specific review and permit consideration. If you have any questions, please write to Mr. Mark Gilfillan of this office, telephone (970) 243-1199, extension 15 or email mark.a. gilfillan@usace.army.mil. Sincere y, Ken Jacob -on Chif, C. orado/Gunnison Basin Re u-l:tory Office 400 Rood Avenue, Room 142 Grand Junction, Colorado 81501-2563 Copies Furnished: Mr. Rex Coffman, 1837 County Road 100, Carbondale, Colorado 81623 Mr. Mark Bean, Garfield County, 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 REPLY TO ATTENTION OF • • AUG J 0 2004 DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS 1325 J STREET SACRAMENTO, CALIFORNIA 95814-2922 August 26, 2004 Regulatory Branch (200475108) Mr. Rex and Mrs. JoAnn Coffman 1837 County Road 100 Carbondale, Colorado 81623 Dear Mr. and Mrs. Coffman: I am responding to your August 13, 2004, request for a Department of the Army permit for the Coffman Ranch North Parcel -Slough Ditch culvert project. This project involves activities, including discharges of dredged or fill material, in waters of the United States to construct a culverted crossing of the Slough Ditch. The project site is located at the Roaring Fork River in Section 36, Township 7 South, Range 88 West, Latitude 39° 24' 3.55", Longitude 107° 10' 19.8", Garfield County, Colorado. Based on the information you provided, the proposed activity is authorized by Nationwide General permit number 14. Your work must comp y with the general terms and conditions listed on the enclosed Nationwide Permit information sheets. You must sign and return the enclosed Compliance Certification to this office within 30 days after completion of the work. This verification is valid for two years from the date of this letter, or until the Nationwide General Permit is modified or expires, whichever comes first. The Nationwide General Permit is scheduled to expire on March 18, 2007. It is incumbent upon you to remain informed about changes to the Nationwide Permit Program. • RECEIY. I,ARTMENT OFTHE ARMY S. ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS JUN 0 7 2004 1325 J STREET REPLY TO SACRAMENTO, CALIFORNIA 95814-2922 ATTENTION QSARFIELDCOUNTY June 1, 2004 BUILDING & PLANNING Regulatory Branch (200475108) Mr. Fred Jarman Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Dear Mr. Jarman: We have completed our review of the 142 -acre Coffman Ranch, North Parcel Subdivision east of the Town of Carbondale. The property site is located at the Roaring Fork River within Section 36, Township 7 South, Range 88 West, Garfield County, Colorado. In previous correspondence from our office dated March 25, 2004, we identified concerns surrounding potential impacts to the Slough Ditch that exists along the south side of the proposed subdivided lots. We had preliminarily identified the Slough Ditch as an ephemeral channel tributary to the Roaring Fork River as depicted on U.S. Geological Survey mapping information. Upon a site inspection of Slough Ditch on April 29, 2004, we have determined that the ditch is not an ephemeral channel, rather it exists as an irrigation ditch and is clearly separated from the Roaring Fork River by an irrigation headgate with associated water rights for irrigation use. The U.S. Army Corps of Engineers (Corps) recognizes certain Clean Water Act exemptions identified at 33 CFR Part 323.4 (a) General, (discharges not requiring permits). Certain activities directly associated with the construction or maintenance of irrigation ditches can be exempted from permitting. However, other activities, not directly associated with those clearly identified at Part 323.4 (a), including impacts for roads or subdivision access may require Corps permitting. Minimal impacting permits for specific uses (Nationwide General permits) are available to the public, upon application, for projects such as those considered at the Coffman Ranch. Currently, the Coffman Ranch Slough Ditch remains an "activity specific" jurisdictional water of the United States, pending clarifying guidance from our Sacramento District Branch Office. We understand that new guidance concerning jurisdiction over irrigation ditches is currently being developed within our District. -0.4: ''J: _ AM: nera LC deMJ n re r • 7 • • COVENANTS FOR COFFMAN RANCH SUBDIVISION EXEMPTION NORTH PARCEL GARFIELD COUNTY, COLORADO Rex A. Coffman and Jo Ann G. Coffman, being the owners of that certain Garfield County, Colorado, real property hereinafter described, does hereby declare and establish that said real property shall be held, owned, conveyed, encumbered, leased, rented, used, and occupied subject to the following covenants, restrictions, conditions, easements, and obligations which shall run with the land and shall be binding on all persons having or acquiring any right, title, or interest in said real property, to -wit: 1. Real Property. The real property which is the subject of these Covenants consists of four (4) Lots (collectively "the Lots") situate in Section 36, Township 7 South, Ranch 88 West and Section 31, Township 7 South, Range 87 West, all in the 6th Principal Meridian, Garfield County, Colorado, and described as follows: Lot 1, Lot 2, Lot 3 and Lot 4, Coffman Ranch Subdivision Exemption North Parcel Plat (hereinafter the "Plat") recorded as Reception No. in the records of the Clerk and Recorder of Garfield County, Colorado. 2. Access, Utility and Well Easement. Each of the Lots shall be subject to and have the benefit of that certain access, utility and well easement depicted on the Plat and described on Exhibit "A" attached hereto and incorporated herein by this reference. Said easement herein described shall be for the exclusive use of the owners of the Lots and their guests and invitees for access, utility and well maintenance purposes, subject to the conditions and limitations herein contained. Any utilities installed in the easement shall be placed underground except for pedestals and other above ground equipment customarily used in connection with underground utility installations. 3. Homeowners Association. The owners of the Lots shall constitute an unincorporated non-profit homeowners association pursuant to the Colorado Uniform Unincorporated Non -Profit Association Act known as the Coffman North Parcel Homeowners Association (the "Homeowners Association"). The Homeowners Association shall be responsible for enforcing these Covenants as hereinafter provided. 4. Common Water System. Lots 1, 2 and 3 are served by a common water system as defined in those certain Common Well Covenants of the Coffman Ranch Subdivision Exemption North Parcel recorded concurrently herewith, which Common Well Covenants may be enforced as therein provided. 5. Irrigation Water. The Homeowner's Association shall receive and hold 0_3 cfs of water in the Slough Ditch and Banning Lateral, Ditch No. 193, priority Nos. 274 and 309 as decreed in the District Court of Garfield County, Colorado. The owners of Lots 1, 2 and 3 shall each have 1 11- 04:10:357 ;oGf'i Cr. nl; 4` erstld`d 2YVintCr : -0 3 4 5 2440 • • the exclusive right to use one-third (1/3) of said water, being 0.1 cfs, which right shall be an appurtenance to each of said Lots. Each lot owner shall have an easement for diversion of said water right to their respective lot, which easement is reflected on the Plat. The Homeowner's Association shall enforce the diversion and use of such water rights consistent with the respective rights of the owners of the Lots. 6. Restrictions. No buildings, structures or other improvements shall be constructed, erected, installed or otherwise permitted on or over the easement and license area herein described which would limit or restrict the use of the easement and license area for the purposes herein provided. 7. Road Maintenance and Repair. An all -season surfaced road for access to all of the Lots shall be constructed and maintained within the easement and license arca hereinabove described. Unless otherwise agreed by all of the owners of a majority of the Lots, said road surface shall be graveled. Maintenance of the common road shall include snow plowing and snow removal from the road as necessary to assure winter access to all Lots. The owner of each Lot shall bear the cost of and be solely responsible for the construction, maintenance and repair of the driveway or access road extending from the common road to serve such owner's Lot. 8. Maintenance Costs. The Lot owners shall equally share the cost of maintaining the common road which shall include periodic grading, crowning and graveling of the road as necessary to maintain the road for year-round use by standard two -wheel drive vehicles. 9. Payment of Expenses. Ali expenses to be paid by a Lot owner hereunder shall be paid within twenty (20) days after such owner receives notice of such expense. If an owner fails to pay such owner's share of an expense as herein provided, such unpaid amount shall accrue interest at the rate of one percent (1%) per month, compounded monthly, commencing at the end of the twenty (20) day period when such payment is due. If the non-paying owner fails to pay any amount due hereunder within sixty (60) days after the date due, the Homeowners Association may exercise such legal or equitable remedies as are available to collect such unpaid amounts, including interest, in which event the prevailing party shall be entitled to recover reasonable attorney's fees and costs incurred. 10. Enforcement. The Homeowners Association or an owner of any Lot shall have the right to enforce, by any proceeding at law or in equity, the covenants herein contained. Failure to enforce any covenant shall not be deemed a waiver of the right to do so thereafter. The party prevailing in any action for enforcement of these covenants shall be entitled to recover all court costs, including reasonable attorney's fees incurred. 11. Severability. Each of the covenants herein contained shall be deemed independent and separate and the invalidation of any one shall not affect the validity and continuing effect of any other. 12. Amendment and Termination_ The covenants and agreements herein contained shall continue in full force and effect for a period of twenty (20) years and from year to year thereafter until amended or terminated by written instrument executed by the owners of all of the Lots. 2 11- 3-04; 10: 3. ,F3Afvlk.V(.f5T1c y-Vr' flt2•_ .50 O 04S 2440 8 8-" 14 • • 13. Notices. Notice as hereinabove required shall be deemed delivered upon being placed in the United States Mail, postage prepaid, and bearing the address of the owner or owners as shown in the records of the office of the Assessor of Garfield County, Colorado. 14, Multiple Owners/Successors. Any reference in these Covenants to a Lot owner shall be deemed to include all owners of such Lot, collectively, and shall also refer to al] successors of such owner or owners. SIGNED this day of , 2004. Rex A. Coffman Jo Ann G. Coffman STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this day of 2004, by Rex A. Coffman and Jo Ann G. Coffman. Witness my hand and official seal. My commission expires: 3 Notary Public 1 1- 3-04; 1 0: 35AM : r St2v✓ • • 30 FOOT ACCESS, UTILITY AND WELL EASEMENT (TO LOTS 1, 2, AND 3 OVER AND ACROSS LOT 4) A 30.00 FOOT ACCESS, UTILITY AND WELL EASEMENT SITUATED IN GOVERNMENT LOT 17 OF SECTION 36 TOWNSHIP 7 SOUTH, RANGE 88 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF COUNTY ROAD #100, WHENCE A FOUND G.L.O. BRASS CAP IN PLACE AND PROPERLY MARKED FOR THE SOUTHEAST CORNER OF SAID SECTION 36 BEARS S.26°26143" E. 638.27 FEET; THENCE LEAVING SAID NORTHERLY RIGHT OF WAY LINE AND ALONG T1 -IE CENTERLINE OF SAID EASEMENT N.58 °52'55"W. 70.52 FEET: THENCE CONTINUING ALONG SAID CENTERLINE AND ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 180.86 FEET, A CENTRAL ANGLE OF 90°57'11" AN ARC LENGTH OF 287.11 FEET ( CHORD BEARS N.20°48'43"W. 257.90 FEET); THENCE S.89°58'11"E. 76.65 FEET; THENCE N80°02'27"E. 266.55 FEET; THENCE N.63°08'55"E. 182.86 FEET; THENCE N.87°09'51 "E. 39.00 FEET; THENCE N.00°08'04"W. 60.04 FEET TO THE POINT OF TERMINUS. 11- 3-04; 10: ; oG hen k. Y,erer C) .. -._ 2440 • • COMMON WELL COVENANTS COFFMAN RANCH SUBDIVISION EXEMPTION NORTH PARCEL GARFIELD COUNTY, COLORADO Rex A. Coffman and Jo Ann G. Coffman, being the owners of Lot 1, Lot 2 and Lot 3 (collectively "the Lots") as described on the Coffman Ranch Subdivision Exemption North Parcel Plat (the "Plat") recorded as Reception No. in the records of the Clerk and Recorder of Garfield County, Colorado, does hereby declare and establish that said real property shall be held, owned, conveyed, encumbered, leased, rented, used, and occupied subject to the following covenants, restrictions, conditions, easements, and obligations which shall run with the land and shall be binding on all persons having or acquiring any right, title, or interest in said real property, to -wit: 1. Water System Description. The common water system which is the subject of these covenants shall consist of the following: (a) That certain water well (hereinafter "the well") located on Lot 1, which well was drilled and constructed pursuant to Permit No. 60800-F issued by the Colorado Division of Water Resources and Basalt Water Conservancy District Water Allotment Contract No. 430 dated November 11, 2003, together with all of the rights and subject to all of the obligations under such permit and contract; and (b) The water and water rights appurtenant to the well; and (c) The pump, pressure tank, pump house, two (2) inch water supply line extending from the pump to an underground valve box located in the easement described in section 3 below and within fifteen (15) feet of the intersection of such easement with the sixteen (16) foot access and utility easement depicted on the Plat, a curb stop valve for connection of each Lot's water supply line to the common water supply line, and related equipment necessary to produce water from the well for use on the Lots. 2. Water System Ownership. The common water system shall be owned in equal undivided interests by the owners of the Lots. The owner of each Lot shall also own a proportionate interest in and to so much of the water supply line, if any, used in common by such owner and the owner(s) of one or both other Lots. 3. Easements. The owner of each Lot shall have and be subject to an easement for the purpose of maintaining and replacing the common water system, which easement is depicted as the access, utility and well easement on the Plat and described on Exhibit "A" attached hereto and incorporated herein by this reference. The owner of each Lot shall also have an easement for access to the curb stop valve on the water line serving each other Lot, which easement shall extend a distance of ten (10) feet in all directions from the center of each such valve. 11- 3-04;10:36AM;scherlkKerst@dewinter • ;970 945 2440 # 11/ 14 4. Water System Installation, Maintenance, Repair and Replacement. The owner of any Lot may elect to install those components of the common water system described in subsection 1(c) above at any time; provided that if the Declarant then owns one or more of the Lots, the Declarant's approval (which approval will not be unreasonably withheld) of the plans and specifications for and the proposed installer or installers of such common water system components shall first be obtained. The Lot owner or owners initiating such installation shall bear the cost of such installation, subject to the right of reimbursement as hereinafter provided. After such installation of the common water system components and prior to another Lot owner connecting a water supply line to the common water system at the curb stop valve designated for such Lot, the owner of such Lot desiring connection to the common water system shall reimburse to the Lot owner or owners who bore the initial cost of installing the common water system one-third (1/3) of such initial cost as reflected in paid invoices or receipts for such costs. In no event shall a Lot owner connect a water supply line to the common water system or receive any water from such system until such owner's share of such installation cost is fully paid. Each Lot owner shall bear the expense of extending a water supply line from the curb stop valve designated for such Lot at the terminus of the common supply line to the point or points of use on such owner's Lot. The owner of each Lot connected to the common water system shall equally share the cost of maintenance, repair or replacement of the common water system; provided, however, the Declarant shall not be responsible to pay any such maintenance, repair or replacement costs unless and until a Lot owned by the Declarant is connected to and is receiving delivery of water from the common water system. The owner of each Lot shall bear the cost of and be solely responsible for the installation, maintenance, repair and replacement of pipelines and other equipment not used in common by the Lot owners but which is solely used to provide water service to such owner's Lot. 5. Operational Costs. The monthly cost of operating the common water system as above-described, including charges for electricity use, shall be paid as follows: (a) if and for so long as only one Lot is connected to and has commenced receiving water from the common water system, the owner such Lot shall pay all of such operating costs; and (b) when two or more Lots have been connected to and commenced receiving water from the common water system, the operating costs shall be apportioned in equal shares between such Lots; provided, however, if volumetric water flow meters have not then been installed on the water supply line to each Lot, the owner any Lot who is then receiving water from the common water system may demand in a writing delivered to the owners of the other Lots that volumetric water flow meters be installed on the water supply line to each Lot then receiving water from the common water system. In such event, each Lot owner shall, at such owner's sole cost and expense, within thirty (30) days of the delivery of such written notice or prior to receiving water from the common water system, if later, install on the water supply line to such owner's Lot a volumetric water flow meter to measure all water delivered to such Lot from the common water system. If the amount of water delivered to the Lots is measured by volumetric water flow meters, the monthly operational costs of said system shall be prorated on the basis of gallons of water received per Lot. 6. Payment of Expenses. All expenses to be paid by a Lot owner hereunder shall be paid within twenty (20) days after such owner receives notice of such expense. If an owner fails to pay such owner's share of an expense as herein provided, such unpaid amount shall accrue interest at the rate of one percent (1%) per month, compounded monthly, commencing at the end of the twenty (20) day period when such payment is due. If the non-paying owner fails to pay any amount due CAJW ITNGWAV4 isvmva Kn. teat 2 3-04: t0: 36AM:Scflenki' er 5tr0ewinter :970 3-:`.. 2440 7r 12 • • hereunder within sixty (60) days after the date due, another owner who has paid such expense may exercise such legal or equitable remedies as are available to collect such unpaid amounts, including interest, in which event the prevailing party shall be entitled to recover reasonable attorney's fees and costs incurred. 7. Disconnection from Water Supply. In the event any Lot owner desires to discontinue the use of water from the common water system, such owner may disconnect from said water system, and, upon disconnecting and giving written notice of such disconnection to the owners of the other Lots, shall be relieved of any further obligation to pay the cost of maintenance of the common water system; provided, however, such disconnecting owner shall remain fully liable for such owner's share of any common expenses incurred prior to such disconnection, and such disconnecting owner shall not thereafter be allowed to reconnect to the common water system without having first obtained the written consent of the owners of the other Lots then connected to and entitled to receive water from said water system. In the event of disconnection of any Lot from the common water system as provided in this section, the maintenance and operating expenses thereafter incurred in connection with said water system shall be borne by the owners of the remaining Lots connected to said system. 8. Water Distribution. The owner of each Lot shall install such flow restrictors, water storage tanks and other facilities in the water supply line or system serving such Lot as may be necessary to insure reasonably comparable water pressure and supply to each Lot and to otherwise effectuate the purposes and intent of these covenants. In the event the water produced from the well becomes inadequate to supply all of the demands for water therefrom, the Lot owners utilizing such water shall proportionately reduce their consumption therefrom until each Lot owner is consuming a substantially equal amount of the water which can adequately be produced from the well. The Lot owners may elect to drill a new well or take such other remedial action as is necessary to improve the production of water from the common water system and the cost thereof shall be borne equally by the Lot owners, subject always to the disconnection rights as provided in these covenants. 9. Water Use Restriction. Water from the common water system shall be used to serve no more than one single family residence and one guest home on each Lot, and shall be subject to such other restrictions as provided in the Well Permit and Allotment Contract referenced in Section 1. Any use of water from the common water system except as herein expressly provided is prohibited. 10. Enforcement. The covenants herein contained may be enforced by the Coffman North Parcel Homeowners Association, an unincorporated non-profit association as referenced in the Covenants for Coffman Ranch Subdivision Exemption North Parcel recorded concurrently herewith or by the owner any Lot, by any proceeding at law or in equity. Failure to enforce any covenant shall not be deemed a waiver of the right to do so thereafter. The party prevailing in any action for enforcement of these covenants shall be entitled to recover all court costs, including reasonable attorney's fees incurred. 11. Severability. Each of the covenants herein contained shall be deemed independent and separate and the invalidation of any one shall not affect the validity and continuing effect of any other. 3 11- 3-04; 10: 36AM;scrienKKerst@dewt titer 970 945 2440 ti 13' 1.1 • • 12. Amendment and Termination. The covenants and agreements herein contained shall continue in full force and effect for a period of twenty (20) years and from year to year thereafter until amended or terminated by written instrument executed by the owners of all of the Lots which have not then disconnected from the common water system as hereinabove provided. 13. Notices. Notice as hereinabove required shall be deemed delivered upon being placed in the United States Mail, postage prepaid, and bearing the address of the owner or owners as shown in the records of the office of the Assessor of Garfield County, Colorado. 14. Multiple Owners/Successors. Any reference in these Covenants to a Lot owner shall be deemed to include all owners of such Lot, collectively, and shall also refer to all successors of such owner or owners. SIGNED this day of , 2004. STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. Rex A. Coffman Jo Ann G. Coffman The foregoing instrument was acknowledged before me this day of 2004, by Rex A. Coffman and Jo Ann G. Coffman. Witness my hand and official seal. My commission expires: 4 Notary Public 11- 3-04; 10:36AM; Sch4nkKerstCa'4ewi nter ,`370 045 2440 ti 14,' 14 • • 30 FOOT ACCESS, UTILITY AND WELL EASEMENT (TO LOTS 1, 2, AND 3 OVER AND ACROSS LOT 4) A 30.00 FOOT ACCESS, UTILITY AND WELL EASEMENT SITUATED IN GOVERNMENT LOT 17 OF SECTION 36 TOWNSHIP 7 SOUTH, RANGE 88 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF COUNTY ROAD #100, WHENCE A FOUND G.L.O. BRASS CAP IN PLACE AND PROPERLY MARKED FOR THE SOUTHEAST CORNER OF SAID SECTION 36 BEARS S.26°26'43" E. 638.27 FEET; THENCE LEAVING SAID NORTHERLY RIGHT OF WAY LINE AND ALONG THE CENTERLINE OF SAID EASEMENT N.58°52'55"W. 70.52 FEET: THENCE CONTINUING ALONG SAID CENTERLINE AND ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 180.86 FEET, A CENTRAL ANGLE OF 90°57'11" AN ARC LENGTH OF 287.11 FEET ( CHORD BEARS N.20°48'43"W. 257.90 FEET); THENCE S.89°58'11 "E. 76.65 FEET; THENCE N80°02'27"E. 266.55 FEET; THENCE N.63°08'55"E. 182.86 FEET; THENCE N.87 -09'51 "E. 39.00 FEET; THENCE N.00°08'04"W. 60.04 FEET TO THE POINT OF TERMINUS. • • DEPARTMENT OFTHE ARMY U.S. ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS 1325 J STREET SACRAMENTO, CALIFORNIA rEW El) REPLY TO �1 j� ATTENTION OF March 25, 2 0 Regulatory Branch (200475108) MAR 2 6 2.004 GARFlELD COUNTY BUILDING & PLHNNING Mr. Fred Jarman Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 EXHIBIT Dear Mr. Jarman: We are responding to your written request for comment on the 142 acre, Coffman Ranch, North Parcel Subdivision, east of the Town of Carbondale. The project site is located at the Roaring Fork River within Section 36, Township 7 South, Range 88 West, Garfield County, Colorado. In accordance with Section 404 of the Clean Water Act, a Department of the Army permit is required for any discharge (including mechanized land clearing) of dredged or fill material in waters of the United States. Within the context of Section 404, "waters of the United States" are defined as the territorial seas; perennial and ephemeral streams; lakes, ponds, impoundments; and wetlands. Federal law requires that any individual or entity proposing to discharge into waters of the United States obtain a Department of the Army permit prior to commencing such work. To aid the applicant, we have enclosed a list of wetland consultants who routinely perform wetland delineations and are familiar with the Section 404 permit process. After review of the material submitted, it is our preliminary determination that the identified "slough ditch" depicted on Figure 1, is a water of the United States subject to Clean Water Act jurisdiction. The U.S. Geological Survey, Carbondale Quadrangle (7.5) identifies this feature as an ephemeral channel with direct connection to the Roaring Fork River (also a water of the U.S.). Additionally, it is unclear if there are any jurisdictional wetlands (not solely supported by irrigation) within the three identified building envelopes. • • We have assigned number 200475108 to this project. Please refer to this number if a Department of the Army permit is required on this development project. If you have any questions, please write to me at the address below, telephone (970) 243-1199, extension 15 or email mark.a.gilfillan@usace.army.mil. Sincerely, Mark Gilfillan Biologist, Colorado/Gunnison Basin Regulatory Office 400 Rood Avenue, Room 142 Grand Junction, Colorado 81501-2563 Enclosure Copies Furnished: Mr. Rex and Mrs. JoAnn Coffman, 1837 County Road 100, A Carbondale, Colorado 81623 Mr. Mark Bean, Garfield County, 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601