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HomeMy WebLinkAbout1.0 Application• • BEFORE TILE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUN'T'Y, COLORADO PETITION FOR EXEMPTION Pursusant 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 Section 2:20.49, the undersignedJ10Ef Tom; /j 41Lr-1h respectfully petitions the Board of County Commissioners of Garfield County, Colorado, Lo exempt by Resolution the division of__ ___acre tract of land inLdJ (_ _tract:s of ieo approximately 4) 3,1±Cg -acres each, 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 satisfies the review criteria must be submitted with all the following information. A. Sketch map at a minimum scale of. 1"-200' showing Lhe 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; B. Vicinity map aL a minimum scale of 1"-2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within Lwo (2) miles, for which a copy of U.S.G.S. quadrangle map may be used C. Copy of the deed showing ownership by, the applicant, or a letter from the property owner(s) if other than the applicant; and 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 E.' Evidence of the soil types and characteristics of each type; and )~..pt,,.;N,,Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district; and 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 I1. Narrative explaining why exemption is being requested; and I. It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as iL exists presently is one of not more than three parcels created from a larger parcel as it existed on January 1, 1973. J. A 100.00 fee must be submitted with the appl 1 ca:1ou. X111�/7f .64,Z)Gi / 4V #&w Petit-roner 4V26r 'LA/dr Mailing Ar ess Q. L3 City SLaLc Telephone Number X/7'1X'T/G.L. /PI 19,Pdh 36vo A�" a.k vk y M19 p - Geo/ 9 //ug Fe67.4 .so4/eEoLv t 16/44/e614- /TY 6/44 x'62/TY 'i -p �_�' �! �'ST/� -- X1//,61T b.. A .0 J /iL3i104C �4 © ,Uc,P 4.6 u OE/-,Jk 11.2, Au' , 04L 7 /?QS t &ego c1 /5414 d 8. ve 4 EoAvit) f'al2,t) /119/3 h1/4,1110)9V g 644l36.41 1 1 7'W-5leit/up9i- r5/5 P - 4©v�i E4/27-1/ k->" S� � ,� y 3/.cam ;/714/ ;A )/ Id,k�,L � /9,,0p,L/,- S /y / 1d� Ta (5,8/'/3/JU /51 01418- �eP o��2i A_67"3/0.02- ,�X.�/'r,�'/76iU 3 1(` .7*- ` ` /S 4f/3Ta,6,94_,LK ,8/1///5 -i.0 Y 7-/E ,P49/e/Av .L'D GIJI � .1./2 IIUT�,e�D�r1��c' � �/C 65, EG(/tIT j /�O,I/S %.0 b/ u/9T,Ei9i� 4 s/,fig �� 7//- 2/11� SS S w/#teDL// �o � a.v 7/E D �F SST d z.rA .q 6eu/zZ d,�J ST.�►�v/�s iirJ ��/� 2,6z44#7r�e26,�2� y /96 iT ou ply R E4�� k ST��S �'� iAv d �� 7 -/TL zy�S �3� A1 5 9c Fee 77. 50 Recorded at Reception No. JUL 01 1986 WARRANTY DEED THIS DEED, Made this 1st day of 19 86 , between MOLLY L. GERBAZ July of the *County of Gar fie Zd and State of Colorado, grantor, and JUDITH C. DAY AND JEFFREY T. BOYD ecorder. • whose legal address is ;t ' J eiP---eVO G(4 Q (t) bfl K 690 PAGE7S1 GAR,IE D JUL 01 1V6 Slits D. D i __� of the County of Garfield and State of Colorado, grantees: WITNESS, that the grantor, for and in consideration of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado, described as follows: SEE "EXHIBIT A" also known by street and number as 0875 Rose Lane, Carbondale, Colorado 81623 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 grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawfulauthority 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, encumbrances and restrictions of whatever kind or nature soever, except easements, restrictions, reservations, covenants and rights-of-way, all of record, and real property taxes for the year 1986, not yet due or payable. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. STATE OF COLORADO Connry of Garfield l s s . CA MOLLL. GERB ' EXHIBIT "A" PARCEL NO. 1: That part of Lot 18, Section 35, Township 7 South, Range 88 West of the 6th P.M., .lying South of the Southerly Bank of the Roaring Fork River as surveyed March 29, 1951 and more fully described as follows: Beginning at a point on said Southerly bank of the Roaring Fork River whence the Southeast corner of said Lot 18 bears South 45 feet; thence South 45 feet to the Southeast corner of Lot 18; thence S. 89°10' W. 81.1.8 feet along the South line of said Lot 18 to the Southwest corner of said Lot 18; thence North 419.8 feet along the West Line of Lot 18 to the Southerly bank of the Roaring Fork River; thence S. 80°5.1' E. 163.9 feet along the Southerly bank of the Roaring Fork Piver; thence N. 86°28' E. 89.2 feet along the Southerly bank of the Roaring Fork River; thence S. 46°12' E. 319.7 feet along the Southerly bank of the Roaring Fork River; thence 5. 66°59' E. 358.6 feet along the Southerly bank of the Roaring Fork River to the point of beginning. PARCEL NO. 2: 'L'hat part of Lot 6, Section 35, Township 7 South, Range 88 West of the 6th N.M., described by metes and bounds as follows: Beginning at the Southeast corner of said Lot 6; thence North along the East boundary line to the Northeast corner of said f.ot; thence Westerly along the North boundary of :said Lot, 430 feet; thence Southerly and parallel of the East boundary line of said lot to a point on the South boundary line thereof 430 feet West of. the Southeast corner of said Lot; thence Easterly along the South boundary line of said Lot, 430 feet to the place of beginning. COUNTY OF GARFIELD STATE OF COLORADO NOTE: TOGETHER with right of way along the roadway as constructed and in use across the Easterly side of Lot 4 and across the Southerly side of Lots 5 and 6, Section 35, Township 7 South, Range 88 West of the 6th P.M., as conveyed in that certain instrument, recorded as Document No. 232482 in Book 371 at Page 340 of the Garfield County records,. and further conveyed in Document No. 234688 in Book 376 at Page 263 of the Garfield County records. 1 L8-fr/Q January 4, 1993 2 I PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS, 3 GARFIELD COUNTY, COLORADO 4 The regular meeting of the Board of County Commissioners began at 8:00 5 A.M. on Monday, January 4, 1993 with Chairman Arnold L. Mackley and 6 Commissioners Elmer (Buckey) Arbaney and Marian I. Smith present. Also 7 present were Administrator Chuck Deschenes, Attorney Don DeFord and 8 Clerk & Recorder Mildred Alsdorf. 9 JAIL POPULATION 10 Sheriff Verne Soucie reported the jail population to be 64, 2 in other 11 jails, 41 local, 4 DOC, 21 work release with 6 females. Ten people 12 that were arrested New Year's Eve are still in jail. Verne discussed 13 the activities of the Sheriff's Department over the last week. i4 REGIONALIZATION OF TELECOMMUNICATIONS 15 Dale stated that the Division of Telecommunications that is responsible 16 for all the change over in communications is rethinking their whole 17 communication plan for regionalization of the State Patrol dispatch 18 centers. They are now saying that this might be done within the next 19 two years instead of the next five years as we've previously been told. 20 FAIRGROUNDS -REMODEL SOUTH HALL 21 Lee Moss discussed the costs and the direction of the remodeling of the 22 South Hall at the Fairgrounds. He estimated the costs to be in excess 23 of $25,000.00. There was discussion about the way to proceed with 24 this. Lee was to make a project list of what the County wants done, 25 get figures from contractors and then come back to the Board. Chuck 26 Deschenes will get in touch with the State regarding their building. 27 BID AWARD FOR COUNTY NEWSPAPER 28 Only one bid was received from the Citizen Telegram/Valley Journal. 29 After discussion, Commissioner Arbaney made a motion that the bid be 30 awarded to the Citizen Telegram/Valley Journal as per their bid. 31 Chairman Mackley stepped down as Chairman and seconded the motion. The 32 motion was carried by a vote of 2-1 with Commissioner Smith voting nay. 33ROGER ESHELMAN REQUEST FOR EXTENSION 1-l-�/ 34 Roger Eshelman, 7378 CO RD 100, Carbondale appeared requesting an 35 extension allowing him to continue living in his mobile home until his 36 home is finished enough for a certificate of occupancy. The building 37 permit does not expire but the permit to live in the mobile home does. 38 After considerable discussion, Commissioner Smith made a motion that an 39 extension be granted until March 1, 1993. Commissioner Arbaney 40 seconded the motion; carried. 41 INTRODUCTION OF STEVE ZWICK, ASSISTANT COUNTY ATTORNEY, TO THE BOARD 42 Don DeFord introduced Steve Zwick, Assistant County Attorney, to the 43 Board. 44 VEHICLE ACCIDENT-TAUGHENBAUGH BUILDING 45 There was some discussion about the vehicle that crashed into the 46 Nursing Office in the Taughenbaugh Building in Rifle. The mother left 47 some of her children in the vehicle with the motor running while she 48 went into the Nursing Office. In the meantime, one of the smaller 49 children moved the gear shift and vehicle crashed into the building. 50 There was only one minor injury. c� 51 EXTENSION REQUEST -JUDITH BOYD I'LF-1-7D 52 Mark Bean stated that Judith and Jeffrey Boyd were requesting a 53 continuation of their exemption approval. The Boyds have received an. 54 opinion from the Attorney General's Office as to the effect of the 55 legal action by the EPA on the adjoining properties and that there 56 would be no effect on their property. The issue of the road is still 57 outstanding and the Ranch at Roaring Fork Homeowners' Association has 58 decided to take that to Court. The Boyds expect some action within the 59 next couple of months. Commissioner Smith made a motion that an 60 extension be granted for the Boyds until April 1, 1993. Commissioner 61 Arbaney seconded the motion; carried. WRJ•5•Ray. 76 Application must. be complete where applicable. Type or print in BLACK !N Com. No overstrikes or erasures unless initialed. COLORADO DIVISION OF WATER RESOD ES 818nnlal Bldg., 1313 Sherman St., Denver, Color 80203 PERMIT APPLICATION FORM FOR: ) A PERMIT TO USE GROUND WATER A PERMIT TO CONSTRUCT A WELL A PERMIT TO INSTALL A PUMP ) REPLACEMENT FOR NO. )OTHER WATER COURT CASE NO. GARFIELD COUNTY (1) APPLICANT • mailing address NAME •1 1415 1 Tiy &11‘10 —aoW d STREET 6$94- /?o " A.atii CITY (S ale) (Zip) TELEPHONE NO. 443—/di►/ (2) I.00ATION OF PROPOSED WELL County SW"'4 of the Section �3$" Twp.—. Rng• _ -uL' IE.W) ( P.M. 1N.S) (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground water / to be appropriated (acre-feet): �Ac_e_E- FOOT' Number of acres to be Irrigated: e O Proposed total depth (feet): ' g1 Aquifer ground water Is to be obtained from: NLS• Owner's well designation GROUND WATER TO BE USED FOR; (HOUSEHOLD USE ONLY • no irrigation (0) ( ) DOMESTIC (1) ( ) LIVESTOCK (2) ( ) COMMERCIAL (4) I ) OTHER (9) ( ) INDUSTRIAL (S) ( ) IRRIGATION (6) ( ) MUNICIPAL (8) DETAIL THE USE ON BACK IN (11) (4) DRILLER Name Street City ICI Ll p!tx � Cc2Io (Stas) (ZIp) Telephone No. _ —__.. Lic. No. FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN • Receipt No. Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. fr APPLICATION APPROVED PERMIT NUMBER DATE ISSUED EXPIRATION DATE BY, I.D. (STATEENGIN R) •—_ COUNTY os A / It rk /4 N AL02 6 W /L So/v LvTS /, 2 r lS 35-7-3g /va/y''� w,D Av -KLN y P/A.) S 5- 5.9z7 Mks'. IIARA4&-7 'T/Af _s 10/H/7 Lots /) 2_ <, /2' SS - 7 - b8 (s> � (2:/3C)119Iq /6c./ /2-57 /67-- I Aor// Z(/ 3 ] F0-12_ S,e-t ti//3%1722 /60, s 9 1 //Z( -7 5/l/!9 32 /S.5/30S /277 Z E - /8Ag37 Cc-- Yu2cN 1/144te.6.tr I s 7,>pv,o 5, JR -y++6-5 D I/Jlc-Ll<tm J, �nfGS ()7- / ? d /8 3s - 7 - 5 I4ny / . L [ � N/v V tib„ g42 /d,4rzGAr c97A,6S Ti STs /) ( / 3 ` - 7—�'� F 7- N it- L u tu N 1 Lois )� 7_T / SS — — M411,1 A . LcN N `f !IAA tE-L Lvr✓Ny IN4 ,4G AJFS L,U,vr✓ 0TS y/sof/q37 /KA)6EL Gu,v vy ANo ,v6-5 /uiv/Ir Alf LL/ A T��-SO >+% Go7S 2 t/ 8 3 S `) - 8g os / 3`L S /rip (it//LL/4--p, TAT ots I�lS�3/ f0 HA/ hi, "461--4/2-I) //iv, T io. 7 /d t41Asvli AND /19,13 1-/Aleo4.1) Pru 4F0)(-72 L rs i 2 � f"/0 35 -?-fig toy / }?6 15z7L -Els/19Nc( wD 2 � � / 5 7 i/Q /'/rnsS r . Q 4..4 644 Q N W v L Folf,,..� / z t is ---�5 w. lit r- 4 Lars z t IS, 3C —7- J dN--7.J "" . (/tA F Vkc �-t-G. k r“ --t, A ALL LOT ts S c vele_ 3S -88 J v 14 tv v1 1,141-1 L F oyp f ► c �� 6-L. 0, 'NAVe y A-rvp ,c t, 96 L , 1�1�o- ✓�� ,9-L-- UT /8 5 of 1/VE1L- 35-- i - . Vl4 u LFv E ) (CoiFe- T Lor, /)2 4 /' s- 7-88 3,40/sz� fyz7 vJD ZS3o jH 3/Z`p/(CZz 3sem 2 SC, Li 01 ,z./19/lc(-7z • 171-'0 (36-027 (/J , L o ►J Ci L, C. 7 Ia c_o (• 501-1 La --r s Z t I S 3 S— 7— L,.L. Jsor.J LT co(3so-) tv sF16 ) at,,c riz 18 T'4co,5crr) b/vc 1F/E- ifv<- 777L RAi W6‘ .47- Wong -0(g, Fa / ) I/ve , cors /J z f - - �� -zz As IA/ L) /os 3 /o/-74 / 0 (4 7 g S -7 t/372_62z -z_722,6 n 5/)Z — s 61 4T Ai 4 F-Jyz-l< ?Vac) P6 -12-r ,z -/E /3.7 4A/4 L LOTS ( st- (8 e ore -A • /4.1, A v us- -35 - _ 424 z.ors 4 -lo t7-4 4-7,(•,5 /57-' , V�/(/1 4/1/77/0/v z dle -.5',5" es W!J-25.75 TYPE OR PRINT IN BLACK INK. COPY OF ACCEPTED "EMENT MAILED EOUEST. THE AFFIANT(S) whose mailing address is City COLORAIO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St. Denver, Colorado 80203 STATE OF COLORADO COUNTY OF OtetVtD)1j S P- 61985 -WATER ilfierlplCLS AFFIDAVIT 4114111' SS. OIL X STATEMENT OF BENEFICIAL USE OF GROUND WATER AMENDMENT OF EXISTING RECORD X LATE REGISTRATION PERMIT NUMBER Molly Gerbaz JULa1992 142354 LOCATION e kink LU COUNTY Box 1325 Carbondale, Colorado 81623 (sr.rct (ZIPI County Garfield SE of the NE i, Section 35 Twp. 7 S Rng. 88 (E W0. wl 6th P M IN R 5 lig duly sworn upon oath, deposes and says that he (they) is (are) the owner( s) of the well described hereon, the well is located as described above, at distances of 2050 feet from the north section line and 850 feet from the (No.,. OA eOur..I East section line; water from this well was first applied to a beneficial use for the purpose(s) described herein on the ((•s* ow odcitt day of January , 19 40 ; the maximum sustained pumping rate of the well is 15 gallons per minute, the pumping - claimed hereby is 15 gallons per minute; the total depth of the well is 15 feet; the average annual amount of water to be diverted is 1.5 acre-feet; for which claim is hereby made for domestic - stock - lawn and garden irriq. - fire DroteCtpurpose(s); the legal description of the land on which the water from this well is used is same as above of which acres are irrigated and which is illustrated on the map on the reverse side of this form; that this well was completed in compliance with the permit approved therefor; this statement of beneficial use of ground water is filed in compliance with law; he (they) has (have) read the statements made hereon; knows the content thereof; and that the same are true of his (their) knowledge. (COMPLETE REVERSE SIDE OF THIS FORM) Signatures) m Subscribed and sworn to be're me on this -P-at—,day of My Commission expires: F-9-87 l�lt'�1QA ,1901 NOTARYPueLIC ACCEPTED FOR FILING BY THE STATE ENGINEER OF COLORADO PURSUANT TO THE FOLLOWING CONDITIONS: 1) IN ACCORDANCE WITH C.R.S. 37-92-602(5) FOR HISTORIC USE A INDICATED BELOW AND DESCRIBED IN C.R.S. 37-92-602(1)(b). 2) A WELL PRODUCING 15 GPM OR LESS AND USED FOR ORDINARY '''ISEHOLD PURPOSES IN 1 SINGLE FAMILY DWELLING , FIRE JTECTION, THE WATERING OF DOMESTIC ANIMALS AND POULTRY, AND THE IRRIGATION OF NOT OVER l ACRE OF HOME GARDENS AND LAWNS . rv,l. / -ss BY Court Case No. FOR OFFICE USE ONLY Prior. Sec. Well We Dist. Basin Y (114(:. Cty 23 Mon pis __ DEC 191986 DATE STA tE Er(GINEER .� t / Recorded at o'cloc' M , Reevption No. Recd QUIT CLAIM DEED T,e/ THIS DEED, Made this day of June , 19 86 between Larry D. Gerbaz and Molly L. Gerbaz, nee Molly L. Patterson of the *County of Colorado, grantor(s), and Judith C. Day and Jeffrey T. Boyd Garfield and State of whose legal address is of the County of Gar -field )9_,)(- &qv J.?71 JL /1K� and State of Colorado, grantee(s), WITNESSETH, That the grantor(s), for and in consideration of the sum of Ten Dollars and other valuable considerations DOLLARS the receipt and sufficiency of which is hereby acknowledged, ha remised, released, sold, conveyed and QUIT CLAIMED, and by these presents do remise. release, sell, convey and QUIT CLAIM unto the grantce(s), thei r heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the grantor(s) haVe in and to the real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado, described as follows: Any and all water rights appurtenant to the real property described on the attached Exhibit A and particularly, but without limitation, the H.I. Gardner one-tenth interest in the Sease Enlargement of the Slough Ditch and Banning Lateral taking water from the Roaring Fork River, said ditch and water right being a one-tenth interest in and to 4.3 cubic feet of water per second of time. Also, one cubic foot per second of time from the Havey Ditch as awarded by the District Court, County of Garfield, State of Colorado in Cause Number 4033, October 24th, 1952 in Water District Number 38, Structure Number 437, Priority Number 621 with Priority Date of March 30, 1951. also known by street and number as: none TO HAVE AND TO HOLD the sante, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use, benefit and behoof of the grantee(s), heirs and assigns forever. IN WITNESS WHEREOF, The grantor(s) ha executed this deed on the date set forth above. (ly--3Gerbaz�� �� Mo STATE OF COLORADO, County of Garfield The foregoing instrument was acknowledged before me this , ' ('/I by MOLLY L. GERBAZ AND LARRY D. GERBAZ My commission expires *If in Denver, insert "City and." ry. a.k_n- 'J . A . f.711- Larry (1Larry U'Gerbaz 0 ss. day of c,19c3(-, April 26 , 1987 . Witness my hand and official seal. Notary Public No. 933. Rev. 3-85. QUIT CLAIM DEED Bradford Publishing, 5825 W 6111 Ave., Lakewood, CO 80214 — (303) 233-6900 3-85 0,- 6 (� 4/36 9 •,, 'T DJ ' . P020 16\ In 'JUL 2 4 1992 CARF ELD COUNTY use GJ/c.�/Rm R. 5'EA5E Go7S S # G 35 —"7— ES s-. A21,iv�r� 4_07 s- 5 ¢ , 3 - 7 - 2:7>v K , r G 4-n-t,i,e-►z kATE 4 - Gr/1P-4)N Lois S C 5 - 7 -SF KATE-k.U�r�NrL 1 -ors 6 35—"7—S8 AI-r)�J� b'GG& S AAIP Cwr ,Q /.. 5/6,65 E '/361 GoT C _j - -7 - 80 a, G.. /24 . AND /i 5- . CAY+-- L G✓i SE E 4130' Lv r 6 s - 114 /4ND 1/1//sE V/12,1 L ( , `TF-77-161er-rA7 114./D '-f30/ LUT -3 7 —U8 2 I.vD 750-76(1 /0/23//9(/6, q24/33-3 fivf,� c(6/(q-7! OCJ ;Jio /7 8 ( w D • • /?-rT/CleEw Arl,O II/-r-6ti J. f iTi6,n(-L✓ 7/1 ve R. /ha SND S XJv/J ,vo207N7 L. S/I'vlv40NJ F �{3D' COT 6 75-7_66 f} 12:r . Z , 511 *WONT ,a14/4$ PvleoZHy G- S /nr01u,95 /�7 l� �" /C4/46-4 G. 41/6- y 1,,o /11486.. /4 . /f vE y E 13o Lor 35-7-6E f�1 iC /4 LL 0- HAtic-y /livr 4,715t -f -- RD c -f-- RD . S0G lith xive SEN (?v67('E E / 30 / Cor 6 t fiOCoT l8 S aF /V 3 S- 7- gS RoAmc.0 C. ' GLAE /IND fi AieEN L . et)4 crE MsLE y G!N ecry >eAlL , /74 rThestirt/ e/co I Lair 6 # tO LOT /5 5 elF {eivf?L 3 S - 7 Alot Y Z,. P,477 -e.425-04/ Notc y L L. ge-x.342 E y yo ( to -r 6 4 P L'r /S S' o F (?1 v6 -L -3S - % - or�1 L. ��rz-l�r�Z 5144> r" C, �qY An -,D FrrtEy T Boyd E y 3 n / (tiT 6 t C o -t // 5, Or Gei voc 5-S - 7 - q g A4Akk- 7-11,C &3/ 81-b4 15 12PP.e6V, /9-eeZIA13 E.m.IMapping Boundary e o \ 4- o , -7:L. Fi9ur'E? 2 UJet 1 and Del i neat cj 0 /6 6. 5 0 Test hole Jurisdictional Wetland Scale 1" = 100' , • y , bAt A o14i�1 hotiT1Nt bEtEMMlNAtIoN i�ET19Ob� Meld Investigator((): CA/ —1 Oil Date. 6/301 7 Z ptojecl/SRe• �C30 g j) d / State: C 0 County:Q-,1 Fl Appllcant/Owner: d r --FF v,o y ° " Plant Community )1/Name: PAP -1 A a rt — NO): if A more detailed site description Is necessary, use the bads ot data form ora field notebook. bo normal ' nvlronmental condittone exist at the plant community? Yei 1../ No (1t no, explain on back) Naa the vegetation, sol, and/or hydrology been significantly disturbed? Yea No C/ (N yes, explain on back) vkattAr1oN Indicator ndicator bominant Plant Specte4 Statue Stratum Dominant Plant Specles Status Stratum 1. A H,I- L - RSP fol -c-1/ N 11 2. Brei. tta7vs aF-Frc/i✓N4s FAC-/ 14 12 3. /f A /rt -t1 r E s . - f4 -c v /a 13. • d. A,r-,w / ;o Y }1 S '• FF1' c• ✓ f-1 15. d 5. eavlS-r1'»-, 56 f/Ct.✓ to 6. Po P0/ v S A Ng- IA7 ! Fn,' 1A F T 10. 7. r!1- A -f A G-- (J_.) e 17 9• 18 19 JO. 20 Percent ot dominant spades that are OSL, PACW, and/or PAC Is the hydrophytic vegetation criterion met? Yes No t/ palionale: SOLS Serles/phase: 0,1 -US' I— 04-n" ' 1—G90 Subgroup:2 la the soil on the hydric soils list? Yes ✓" No Undetermined is the soil a I-llstosoi? Yea No v Histic epipedon present? Yes .----- No Is the sdil: Mottled? Yes o t— Oleyed? Yes No Matrix Color: "7, 5 5 R- 3)\A Mottle Colors. Other hydric soil Indicators: Is the hydric soil criterion met? Yes No `—'^ hatlonale: Sc„ -,r. rz c a 63(3 e--/ 3 / W)- /Z-1 .'.4, /o s7V NYbhoLOGY is the orourid surface Inundated? Yes No L------S-Tirtace water depth: /'A Li the soil saturated? Yes No i✓ •7 a y s, bepth to tree -standing water In pit/soll probe hole. (\1 list other Held evidence of Surface Inundation or soil saturation. Is the wetland hydrology criterion met? Yes No pallonale: JUhisbtct10NAL DttEliMINAT1Ot'J AND t'tAT1oNAL1= is the plant community a wetland? Yes Rationale tor jurisdictional decision. 1 this data form can be used tor the Hydric Soil Assessmont Procedure and the Plant Community Assessment Procedure. 2 Classification according to 'Soil Taxonomy. - g -2 bATA i•o�if� hothit h oNsite bbttnMINAttoN Mt tflotyf Plaid investigator(s): w Jon) -'S Q', Date* 6/34/7 2— ProlecVSite: L3 a v0 - '- Slate: (v County G,4 /LFA e `-rte AppllcanVOwner: J 5-f r k S VI.) SS o a Plant Community %/Name. Note: ii a more detailed site description b necessary, use the back of data form or a field notebook. bo normal a vlronmental conditions exist at the plant commtlnityl Yeo No (II no, explain on back) Has the vegetation, sot and/or hydrology been significantly disturbed? Yes No It yes, explain on back) Dominant Plant Species vkcarAtloN Indicator ndicator Status Stratum bominant Plant Species Status Stratum 1. 13(mv5 TE.e.-rria1.,, NI /-I 11 2. AGf.QPv/zur' se f pc di ra 12. 3. r; -ILII ASG -12 f -•P TP- Itf I /-/ 11 4. ,7, k L l c.. 07vs o p f,c,,, AL,S pAcci /1 14 5. C,d/-V56 s.s yr c -L -o5)4 rdl N 15. t#. Q/i v. vS ii, F -h -Ps MI /a 16 7.17 8. 18 9 19 1o. 20. Percent of dominant spedes that are OBL, t ACW, and/or PAC 0 is the hydrophyttc vegetation criterion met? Yes No Kiatfonate. SOILS Serles/phase: E- Off -v0 G u n--- Subgroup'2 Is the soli on the hydric soils Iist? Yes No Undetermined k the soil a I-Ilstosol? Yes No ri Hist►c epipedon present? Yes No v'. Is the Sd11: Mottled? Yes No 1....---- Gleyed? Yes No J'- Matrix Color: 7' „Yes 3/ Mottle Colors. Other hydric soil indicators: 4�� is the hydric soil criterion met? Yes No fiatlonale: �� /LT, PA >. (-Y r2 -re-, yfv(' pr'v,-- /'r$ 5AJoS 7o"'F t-hrDfioLoGY U the ground Surface Inundated? Yes No c.-------STirface water depth: Li the soil satUrated? Yes No . a bepth to tree -standing water In pit/sotl probe hole: N u I -I z C) y I. List other held evidence of surface inundation or soil saturation. II the wetland hydrology criterion met? Yes No Nationale: J0hI8DIcr1oNAL bErti1Mlt1Atlori ANO f#AtioNALr= Is the plant community a wetland? Yes No bationale for lurisdlctional decision. rhes data form can be used for the Hydric Soil Assessment Procedure and the Plant Community Assessment Procedure. 2 Cl3ssalcation according to 'Soli taxonomy." b-� BATA t"otii OtJT1Nl" oNsiTE DtttMlMI L&7ioN bt Meld lnvestlgator(e)' --I bale: /3d /9 2-- project/she. 12,07, State: CJ County. GA F fy ' Applicant/Owner: J C -FF kJ 6'0'' 3o Y a plant Conimunity 1/Name: /1 Lt'"r) 5 Hf-ut Tota: N a more detailed site description Is necessary, use the back of data form or field notebook. bo normal emlronmental condltlona exist at the plant commUnity? Yei ✓No (If no, explain on back) Rai the vegetation, sot, and/or hydrology been signlflcantty disturbed? Yea No t/ (if yee, explain on back) irkai_tAT1oN indicator indicator bominant Plant Speclee Status Stratum bominant Plant Species Statue Stratum 1. . (;t- vs S 6--r-z/ r- s i'' Fig et..., /-t, ti 2. P0>'vt. LL'5 Ar'6-1../ 57/ruz01 f4 -c---- T 12 d. FS?vc.0 eZt4,1s F -79 H 1j 4. P4 A fit -O r r ). f" L) N 14 s. a3/vvs Si, N/ 19 is 6. A f -CLI -t 5P F,,tc v ' 1e 7. 5yrnrrk-7/t1 CARP15 , -13v.1 Fled 5 17 d. O SALE Y 5P FtqC W id 0. 1-01,1 r c_,n,tA SP JC 147 -S 19 10. 20. percent of dominant species that are ObL, rAcw, and/or PAC (; 2 , $ . Is the hydrophytic vegetation criterion met? Yes — No hationale. soILs Series/phase: Q Lam— 1— 6cf7o Subgrotp.2 Is the soli on the hydric soils Itst? Yes ✓ No • Undetermined Is the soil a Nlstosol? Yee No c/ Histk eplpedon present? Yee No Is the sdil: Mottled? Yet No v' Gleyed? Yee No cam/ Matrix Color: 1 S yd - 3/ i Mottle Colors. Other hydric soil indicators: Is the hydric soil criterion met? Yes patlonale.• Nom—� i-IYbROLOGY Is the round srlriace Inundated? Yes o Surface water depth' t the soil saturated? Yes No Depth to free-standing water In pit/soll probe hole. Nd µ 7_ a List other field evidence of surface inundation or soil saturation. Is the wetland hydrology criterion met? Yes No 1ationate: JUhISDICTiONAL bETE11MINATION AND IMAt1ONALE Is the plant community a wetland? Yes No c._— Rationale for Jurisdictional decision. I This data form can be used for the Nydrlc Soil Assessment Procedure and the Plant Community Assessment Procedure. 2 Classification according to "Solt Taxonomy." 8-2 • • DATA tonivi l OUtiNt= ONSITE DETEr1MINAttoN MEti-loDi Feld Investigator s)• (rJ - 01-! So d bate. G/?a / `� ProJect/Site: 1 0 0 - Slate! C --c) County. G T4-2 r i 13-c--12 Applicant/Owner: J FF d- v0y i3 ny Plant Community Name: OA'; Note: tt a more detailed site description k necessary, use the back of data lom{ora leld notebook. Do normal environmental conditions exist at the plant community? Ye! ✓ No (If no, explain on bacl() Etas the vegetation, jpils, and/or hydrology been significantly disturbed? Yea No (It yes, explain on back) vEat=_tAtlr i Indicator indicator Dominant Plant Specie4 Status Stratum bominant Plant Species Status Stratum 1. 'FP env./NT ►,-'S Nl H 11 2. Poo PSA-r,--,s,S Fgc v 12 n4c✓ 13. AOc ✓ 14. 5. i5. g. 10 7. 17 It 1E1 A, i9 10. 20. Percent of dominant species that are OSL, l"ACW, and/or PAC --t9 to the hydrophyttc vegetation criterion met/ Yes No v plaltonale. 3. /}c N11_L6A SP 4. /1611-0IP9/4/,✓ soILS 1- 6 °%-d Subgroup•2 No Undetermined Istic epipedon bresenl? Yee No <--� !eyed? Yeo No 6'erles/phase: /L -P/' -'i 13 4 an"-, li the soil on the hydric 30114 list? Yes 14 the 4o11 a 1-iistosol? Yeo No c- 14 the soil: Mottled? Yee No Lt3 Matrix Color: 1. 5 /R 31 3 Mottle Colors: Other hydric soil Indicators: 14 the hydric soil criterion met? Yes No Fiatlonale: SUe^Iv /2-P-70 Sia inSrr !j S NYbiioLodY 14 the ground iurtace Inundated? Yee No v'Stir-face water depth. /`'l\- 14 thi loll Saturated? Yes No i Depth to tree-standlnd water In pit/soil probe hole. Q✓ d w a nom- T 4 " List other field evidence of 4Urlace Inundation or soil saturation. 1s the wetland hydrology criterion met? Yes No £ - Rallonale: JtlhlsbtctloNAL bEtttaMtNktioN AND hAtloNALE 14 the plant community a wetland? Yes Noy 1atIonale for Jurisdictional decision. 1 this data lorm can be used tor the t-lydrlc Soil Assessment Procedure and the plant Community Assessment Procedure. Clasaificatlori according to 'Boll taxonomy." 8-2 1 _ - 3N 000.6LS N Cl r pp i“ t W V =pMf 3¢ a i14,, 8 Sipp- vt, aJwOr N 13311S 1431tlW I .'-.--/�--'� -. Delo 000.9/ N w 2 V n: • % Axl i, I 06D 000.1.1. xe �l. 5 b IVN O 1 N D; N n P OI S W 0V n , N An b m 2 W 4 1'/ /1 DDl V d {w1 '1��1 �' r•� , 1 L l• .� �� nRn •m rd 41 I m ,e If� x al ix l 1• / 1 D o1 r / i 1 :LOT • • (EASTERLY 430' OF LOT 6) PARCEL NO. 2 OF RECEPTION NO. 372300 8 L 6.5 18 S. 80' 51' 00" /174.37' (DEED 16 .9') 32. EXISTING HOUSE o rte--' 26.7. N. 86' 28' 00" E. 89.20' • PARCEL N0. 1 OF RECEPTION N0. 372300 RANCH Ar LING FORK LtOUNGARY UNE ACC. 10 RECEPTION 140. 219145 43D.0 -`�'NG HOUSE PARKING • NORTHr SECTIO 17: d 0 J + 40 N. 88' 56' 13" W. 820.14' 1250.14' DEED 811.8' W'T ESS CORNER TO THE S3UTH 1/4 CORNER t.S. 00' 2, 45.00' WITNESS SOUTr!EA CFrr • OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 NOV2 3 19c2 SATE • OF COLORADO November 17, 1992 Mr. Mark L. Bean, Planner Garfield County Planning Dept. 109 8th Street, Suite 303 Glenwood Springs, Colorado 81601 Dear Mr. Bean: Roy Romer Governor Ken Salazar Executive Director Hal D. Simpson State Engineer Re: Boyd Exemption Sec. 35, T7S, R88W, 6TH PM W. Division 5, W. District 38 We have received the information submitted related to the above referenced exemption. Apparently the applicant proposed to split a lot from a larger parcel. The existing parcel is served by a well with permit number 142354. That permit file includes a Water Court decree for a Patterson Well in case number W-1227. The parcel under consideration is located tributary to the Roaring Fork River, an over appropriated stream and in general new well permits can not be issued for lots of less than 35 acres without a water court decreed plan for augmentation. If the property was recorded with the county prior to the date that your county adopted Senate Bill 35 rules, but no later than September 1, 1972, we may be able to issue one inhouse use well permit for new lot, after the county approves the split, if the following conditions can be met: 1. The property has not been previously subdivided or exempted since June 1, 1972. We consider this as a one-time exemption and will not make additional well permits available. 3. The applicant must provide documentation indicating that a non evaporative waste water disposal system will be used. This can be based on the an engineer's report on soil conditions at the site or on the prevalent use of non evaporative waste water systems in the area. We could not issue the well permit if an evaporative system is required. • • Mr. Mark L. Bean November 17, 1992 Page 2 If the above conditions can not be met, then we can not recommend approval of the type of proposal you describe. In the event that the county commissioners elect to approve the subdivision of land without our recommendation for approval, then, if the applicant meets the condition that a non evaporative waste water disposal system will be used, we will issue one inhouse use well permit for the new lot, upon submission of the appropriate application accompanied by a plat containing the commissioners approval signatures. The well permit which will be available will be limited to use for ordinary household purposes inside one single-family dwelling and the watering of the well users domestic animals, not to be used for commercial purposes. Outside use for lawn and garden irrigation is prohibited. The rate of pumping will be limited to 15 gallons per minute. Plat notes and covenants should reflect these limitations on well use. Prospective lot purchasers should be made aware of the limitations on water use. We recommend that a copy of this letter be given to prospective lot purchasers and submitted with the well permit application in order to expedite our evaluation. Issuance of the well permit does not guarantee that an adequate well can be developed on the site. If you have any questions, please contact me. J JS/boyd Sincerely, John Schurer, P.E. Senior Water Resource Engineer cc: Orlyn Bell, Division Engineer Bruce DeBrine Dwight Whitehead, Water Commissioner • ev & z - 3 a iLL, /x pz)/i/L <_}-ku ,z2p z_d/ (_e) 4:6J) 46d.) iod 4_,&z oz -t (9z-(-6° Com c / d ��� ZEP 2 8 1992 aARFIELD C =uiy:J y REPLY TO ATTENTION OF • DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS 1325 J STREET SACRAMENTO, CALIFORNIA 95814-2922 September 14, 1992 Regulatory Section (199275074) Mr. William Johnson Earth Resources Investigations, Incorporated 417 Main Street, Suite 203 Post Office Box 427 Carbondale, Colorado 81623 Dear Mr. Johnson: I am responding to your request for a ,jurisdiction determination for a parcel of property, adjacent to the Roaring Fork river, owned by Mr. Jeff and Judy Boyd near Carbondale, Colorado. This parcel is approximately 2 acres in size and is located on the north side of the river. Based on the information submitted and a site inspection by Mr. Michael Claffey of this office on August 6, 1992, we have determined that you have delineated the limits of Federal .jurisdiction accurately, with a minor addition in the northwest corner of the property. The plan labeled Figure 2, Wetland Delineation is an accurate representation of the Federal wetland boundary for this property (copy enclosed). Under current Federal regulations, a Department of the Army permit is required for any discharge of dredged or fill material into waters of the United States including adjacent and isolated wetlands. This verification is valid for a period of three years and is based on information supplied by you. Should that information prove to be false or inaccurate, we will modify the delineation accordingly. Please refer to file number 199275074 in any submittals to this office concerning this project. If you have any questions regarding this project, please contact Mr. Claffey at (3031 243-1199. Enclosure Grady L. McNur Chief Western Colorado Regulatory Of ice 402 •ood Avenue, Room 142 nd Junction, Colorado 81501-2563 • \ • 11 .K0011""'"Mapp ing Boundary b. Figure 2 Wet"! aLnci Del i neat i con t4, •' • 4 +, se, • 0 Test hoe Ell Jurisdictional Wetland Scale 1" = 100' 11.1:k.• September 8, 1992 Board of County Commissioners Garfield County Courthouse 109 Eighth Street, Suite 301 Glenwood Springs, CO 81601 • RE: Boyd Application for Subdivision Exemption Dear Board of Commissioners: At the August 21, 1992 meeting of the Board of Directors for the Ranch at Roaring Fork Homeowners Association, Inc. the Board discussed a Boyd request for easement across Ranch property to their adjoining property. The Board also discussed the Boyd application for subdivision exemption. The unanimous position of the Board of Directors is that the Boyds do not have legal access across Ranch property to their property adjoining the Ranch. The Board also voted unanimously to oppose the application for subdivision exemption. The Board of Directors asked that the following information be presented to the County Commissioners to aid them in making their decisions. The historic use of Ranch property as access to the Boyd property, that being two or three times per year, does not support the proposed increase to daily use for residential purposes. Any access to Boyd property has been permissive. The access road purportedly used in early years does not exist now. It was washed out by flood. Signage on the present road has historically declared non-residents as trespassers. While early use of the skeet range included tournaments, use by non-residents has been forbidden and only trained, authorized residents have been allowed access to skeet range shooting for many years. Part of the property in question is used for Ranch haying, historic fencing was accepted as a border. The property in question may well be affected as part of an EPA reclamation project site. 14913 Highway 82 • Carbondale, Colorado 81623 • (303) 963-3500 • • Board of County Commissisoners -2- September 5, 1992 The Board of Directors for the Ranch at Roaring Fork Homeowners Association, Inc. asks that the Board of County Commissioners reject the Boyd application for subdivision exemption. R THE BOARD Richard J. Kleiner, Manager EA AT ROARING FORK September 8, 1992 • Board of County Commissioners Garfield County Courthouse 109 Eighth Street, Suite 301 Glenwood Springs, CO 81601 RE; Boyd Application for Subdivision Exemption Dear Board of Commissioners, This letter is to advise the Commissioners that the Ranch at Roaring Fork Homeowners Association, Inc. at their Annual Meeting July 18, 1992, voted unanimously to oppose granting an easement to the Boyds and to oppose any development of the land, including subdivision. It is the position of the Association that the Boyds do not have legal access across Ranch property to their property adioining the Ranch. Therefore, the 134 members of the Association oppose the Application for Subdivision Exemption. THE ASSOC I AIT I N' ')Apta/j2j- 14 k_____ Richard J. Kleiner, Manager //tI b-11/ /mice) 94/zz 14913 Highway 82 • Carbondale, Colorado 81623 • (303) 963-3500 • 1 fipP/2-01-. 0 9 "-XX XXXICJC.Kx N. 89° 58' 56" E „ „ 430 00 A-kfJ - FZI.TCel • ...:::letteg te11) t e iker 6 ,1 :sc, •IF. ,0 1..) .!:•-•-•''aPkyo I ' 4-. 711 Z ..••••••• 4 \ AWEA *7 )0 s e Ac ICE S 4,4 N., . 6-) LOT \‘, k EASTERLY 430' or LOT r,; PARCEL NO. 3OF — RECEPTION NO. 372300 r.;. 00 19' 34" E. 413. :1,1' .'F- cmn w, ft.18' N. 00 1 W. .J 17.4. (LEEL • r.• PIODOJ ENVIRN DEF 41 P02/02 el g 4 ft 11 F..rinirr. A su COUNTY• • GARFIELD • _ , • 7:1 r f • JUL 2 1 1993, 1 Lt.1). — --4 GARF=IELC) COUNTY July 19, 1993 Mark Bean Garfield County Commissioners 109 8th Street Glenwood Springs, CO 81601 Dear Commissioners, We now have a court date of December 12-14, 1993 for the resolution of our right to easement on the property for which we have applied for the lot split exemption. We have met all the other criteria. Although we are hoping for a settlement before December, we feel it prudent to request a suspension of the time limitation of one year (which would be up in September), while litigation is pending. We are doing everything in our power to proceed as quickly as possible. We and our attorneys are very optimistic about the outcome, and would appreciate your patience along with some lee way here on the time frame while we are in litigation. Thank You. Sincereiy, i Judie Day Boyd JDB/km 7-1 1' Pi"P' .ex s ,3d atAt S aJi4 i Q )411401 ferto /6 re -raiz -7.14 0/95 • December 3, 1992 Garfield County Board of Commissioners 109 8th Street Glenwood Springs, CO 81601 ATTN: Mark Bean Dear Commissioners: ; DCC071992 fk S.. L;,:ki-iF:ti 0 COUNTY is to notify you that due to the delay in the court hearing to prove our access to the new property parcel created by our lot split, we find it necessary to request an extension on the completion date for the lot split. We have been told we should be able to expect the hearing and subsequent adjudicated approval of the easement by the end of January or early February. Thank you for your patience and consideration on this. Sincerely, tLf-'"1"1"CL aLLL3 /; 4di/th Carol Boyd JCBjry 8><7/1/o,Eo 70 .1-/ M geee__ /03 (-1"- CZ. r_1_9 • 717.7.71 DEC 5 1992 #1 GASH ELO COUNTY z.Ku ze/Lky Li2(76:\ u)4,u° >417:Lt, Licleu. fi/ LL/Ix_A- Ly2 (/L' 2') Z Z / "4/ /ort. s/ // / 1 ,-,4_, 0 t, --z/ ktv . 1/,,x i m, i , ,:t L_Lte--us- z/L•('-± i6e/c--ic icu z&) A, 4 2 .6' • • J2/'U 61/ 1) obLi/c} / )1_ (y- /--e(Lx: a &:c: (//f Z) • ) (1 / • U.S. Departmeilf Justice Washington, D.C. 20530 December 12, 1992 Judy Boyd 0875 Rose Lane Carbondale, Colorado 81623 Dear Ms. Boyd: You have inquired regarding the applicability of the pending lawsuits, United States v. Dennis Gerbaz, et al. (D. Colo.), Civil Nos. 89-M-554 & 89-M-555, to a parcel of property that you own, located in Garfield County, adjacent to the north bank of the Roaring Fork River. It is my understanding that you are or may be selling that property. You have represented that this specific parcel is approximately 2 acres and is contained within the triangular section identified on the enclosed schematic (attachment A) and identified by you on the attached drawing and photograph (attachment B and C), in which the hypotenuse of the triangular shaped parcel is formed by the right -descending (or North) bank of the River. As you know, the United States enforcement action cited above involves illegal dredging and filling that was committed on certain sections of the Roaring Fork River, in violation of section 404 of the Clean Water Act. 33 U.S.C. § 1344. Those actions have resulted in, among other things, the creation of a berm in and along sections of the Roaring Fork River. You are not named as a defendant in the lawsuits cited above, and, based upon currently available information, we do not believe that any such discharges are located on the parcel of property that you own on the North side of the Roaring Fork River. Please note, however, that this determination is based in part upon your representations concerning the location of the boundary lines and the acreage of this parcel, and we of course do not express an opinion as to the accuracy of these representations. You have also asked whether any restoration activities would be sought on the parcel you own north of the River under the lawsuits cited above. While I cannot disclose settlement talks between the parties, nor predict the outcome of the pending lawsuits, I can inform you that one settlement proposal, which • • has not been adopted, but has been made public, called for strengthening portions of the existing bank along a section of the River that falls within the triangular parcel you identified on the enclosed photo. Under that proposal, this work would have used native and natural revetment techniques to strengthen the existing bank. This work was designed to reduce erosion to the existing bank, which may occur especially during high-water flows, and to help stabilize the River. In addition, paragraph 26 of the proposal would prohibit the Ranch At Roaring Fork from performing certain activities on the portion the parcel that is within fifty (50) feet landward from the River bank. This provision was also designed to prevent erosion and ensure the integrity of the bank. Where this settlement proposal would have involved work on property not owned by the Ranch At Roaring Fork Homeowners Ass'n or its members, that work would only proceed if the landowner's permission was obtained. Finally, please note that my comments here do not relate to the applicability of any other local, state, or federal regulations regarding the parcel of property or any proposed building on that site. Beyond concerns regarding impacts to or from the river, any construction at the site would of course have to comply with any applicable requirements. Attach rents I hope that this letter responds to your request. Sincerely, Acting Assistant Attorney General Environment & Natural Resources Division 17AVID J. KAPLAiQ, Aittorney U.S. Department of Justice Environment and Nat. Resources Div. Environmental Defense Section - 2 -