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SOUTH RANCH
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1 SUBDIVISION
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1 GARFIELD COUMI'Y,COLORADO
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TABIF OF CONTENTS
• Subdivision Application Form
• Garfield County Subdivision Rett11 ations w/assocated information
• Appendix A - Land Use Breakdown
• Appendix B - Water Supply Plan
• Summary Memo
• Engineer Letter w/System Description
• Well Permit
• Augmentation Plan
Appendix C - Geology
Geologic Site Assessment
Radiation Potential
Percolation Testing
• Appendix D - Access to public right-of-way
• Appendix E - Names and address of adjoining property owners
• Appendix F - Road Plans
Access road plan and profile. RI and R2
Fire road plan and profile, lt3
• Appendix G - Title Commitment
• Appendix H - Colorado Division of Wildlife mapping
• Appendix 1 - Drainage Plan
• Appendix J - Covenants
• Appendix K - Sketch and Preliminary Plan Map
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'SUBDIVISION NAME:
Sketch T'lan ' _ 1
Preliminary Plan
Final Plat
SUBDIVISION APPLICATION FORM
Stirling Subdivision
OWNER: Estate of John Stirling
Sexton Survey, Co/Surveyor
ENGINEER/PLANNTR/SURVEYOR: Dave vowell-Engineer / Sherry Caloia-Lawyer
LOCATION: Section 29 Township 7 South Range 87 -West
WATER SOURCE: Wells/private
'SEWAGE DISPOSAL METHOD: Septic tank/leachfield
1
PUBLIC ACCESS VIA:
County Road 102/162/162A
The access will continue
through the public, roads of SUN Mesa PUD -Skipper Lane to Schooner to
Pinnacle
'EXISTING ZONING: A/R/RD
EASEMENTS: Utility through Sun Mesa PUD
111 Ditch none
Ir°'A'
DEVELOPMENT AREA:
(1) Residential Number Acres
' Single Famiy 3 8-1B each
Duplex none
Multi -family none
' Mobile Moine• none
(2) Commercial Floor Area Acres
none sq.ft.
II (3) Industrial none sq.ft.
'(4) PublicLQuasi-Public none
(5) Open Space/Common Area none
''TOTAL :
"PARKING SPACES:
Residential
'Commercial
Industrial
4 per lot
3:30 Sketch plan map is attached
3:32 SKETCH PLAN INFORMATION
A. Subdivision name is South Ranch Subdivision
B. Location is in Missouri Heights area, off County Road 102, and accessed through the Sun
Mesa PUD
C. Owner: Estate of John M. Stirling
704 Skipper Drive
Carbondale, Co
Phone 970 963 0606
Fax 970 963 4195
Planner: Becky Stirling
704 Skipper Drive
Carbondale, CO 81623
Phone 970 963 0606
Fax 970 963 4195
Engineer: Timberline Engineering
David A. Powell, PE
P.O. Box 631
Carbondale, CO 81623
Phone 970 963 9869
Fax 970 963 9003
Surveyor Sexton Surveying
Brian Steinwinder, P.L.S.
819 West Third Street
Rifle, CO 81650
Phone 970 625 3711
Fax 970 625 3711
D. Sketch map preparation date is March 1999
E. Topography- see map
F. Lots, easements - see map
G. No features will require screening
H. Vicinity map shown on the attached map
1. Land use breakdown is addressed in Appendix A.
3:40 SUPPLEMENTAL INFORMATION
A. The source and amount of the water supply is addressed in Appendix B.
B. The proposed type of sewage disposal is Individual Sewage Disposal Systems
C. The USDA Soil Conservation Service soil desianations with interpretation tables are
included in the attached geology report, Appendix C.
D. The impact of the proposed subdivision on:
1. Lakes - there are none on the site
2. Streams - there are none on the site
3. Topography - all building sites are restricted to areas of less than 40%
grades and access roads do not impact steep hillsides.
E. Potential radiation hazards to the site are addressed in the attached geology report.
Appendix C
F. All lots and parcels created by the subdivision will have sesess,to a public right-of-way,
County Road 102, vinsonsenveneftissesa*the evittintwant1441661PVII. See attached
Appendix D for proposed routing
G. The anticipated source of:
1. Electricity - by connecting to the existing Holy Cross Energy distribution
system in the Sun Mesa PUD.
2. Natural Gas - by connecting to the existing KIN Energy distribution system
in the Sun Mesa PUD
3. Telephone - by connecting to the existing Quest network in the Sun Mesa
PUD
4. Cable TV - connection to a cable TV system in not feasible. We
anticipate this need to be served by satellite dish installations by
individual lot owners.
4:50 PRELIMINARY PLAN MAP
A. The name of the proposed subdivision is South Ranch Subdivision
B. Map date, scale, basis and certification are shown on the attached maps.
C. Boundary lines, bearings, distances, ties and legal description are shown on the attached
maps.
D. Names. addresses and phone numbers for the owner, applicant, planner and engineer are
shown on the attached maps. Names and address of mineral owners of record for The
South Ranch PUD are shown on the attached maps.
E. A vicinity map from the U. S. G. S. Carbondale quadrangle showing streets, highways
and adjacent utility systems is included with die attached maps. No streams flow through
the proposed subdivision and therefore no stream tributary area limits are shown.
F. Departing property lines are shown on the attached maps. Names and addresses of
owners of record of all parcels adjoining and within 200 feet, including those separated
only by a public right-of-way are included in the attached Appendix E.
G. Street, block and lot layout with the approximate lot areas are shown on the attached
maps.
H Proposed easements for drainage, irrigation. access and utilities are shown on the
attached maps where applicable.
1. Standard lot setbacks are shown on the attached maps.
J. Land use breakdown is addressed in Appendix A.
K. Existing two foot (2') contours are shown on the attached maps. The origin and datum of
the topography are also shown.
L. There is no proposed common open space not reserved or dedicated to the public.
M. There are no sites to be preserved or dedicated for public parks. schools and other public
buildings, facilities or use.
N. The approximate street grades and road centerline radii of curvature data are shown on
the attached road plans labeled Appendix F.
0. Any existing easements, along with the name(s) and address(es) of the entity having an
easement and legal description of the easement(s) is (are) shown on the attached maps.
4:60 ADDITIONAL LNFOFLMATION
A. There are no terms of reservations or dedications of sites for public and/or commons
facilities or use.
B. There are no proposed phasing plans.
C. All lots and parcels created will have access to a public right-of-wayas required by
Colorado state law, via easements through the Sun Mesa PUD and as shown in the
attached Appendix D.
D. The total number of off-stieet parking spaces, excluding those provided for single-family
residential use is zero (0).
E. All areas of the proposed subdivision, which may involve soil or topographical
conditions presenting hazards or requiring special precautions, have been identified, and
the proposed uses are compatible with such conditions. Please see the attached geology
report, Appendix C.
F. Radiation evaluation for areas of potential radiation hazard to future land use has been
conducted and is included in the attached geology report, Appendix C.
G. A title commitment for the proposed South Ranch PUD parcel is attached in Appendix
43
A subdivision of a section is not required and therefore not final work sheet is included
for review by the County Surveyor.
4:70 SUPPLEMENTAL INFORMATION: GEOLOGY, SOIL, VEGETATION AND
WILDLIFE
Geology - See the attached geology report. Appendix C.. for information related to
moundwater, subsidence, instability in road excavations and fills. expansive soils,
drainage patterns, structural bearing strength and the like.
B. Soils - See the attached geology report. Appendix C. for map and description of soil
types and their boundaries based on the National Cooperative Soil Survey, U. S. D. A.
Soil Conservation Service and a table of interpretations.
C. Vegetation - see the attached map for location of major tree masses
D. Wildlife - see the attached Appendix II for Colorado Division of Wildlife mapping
4:80 SUPPLEMFNTAI LNFORMATION: DRALNAGE PLAN
3
A. There are no existing -ater courses or lakes. see the attached geology report. Appendix
C.
B. Tributary areas are shown on the drainage plan attached as Appendix 1.
C. Computations of expected tributar2, flows are shown on the drainage plan in the attached
Appendix L
D. Drainage facilities are shown on the drainage plan in the attached Appendix 1.
4:90 SUPPLEMENTAL INFORMATION: UTILITY PLAN
4:91 WATER SUPPLY PLAN
A. A water supply plan is attached as Appendix B.
B. A central water supply system is described in Appendix B.
1. The legal entity which will own and operate the water system is included
in the attached Appendix B.
2. The proposed method of financing the system is addressed in attached the
subdivision covenants attached at Appendix J.
C. No connection to an existing water is being proposed.
D. No individual water systems are being proposed
F. An Plan of Augmentation is included in the attached „Appendix B.
4:92 SANITARY SEWAGE DISPOSAL PLAN
A. No public sewage disposal plans is proposed
B. No sewage treatment works is proposed
C. No sewage treatment facilities will be provided by and existing dis
D. Individual sewage disposal systems will be utilized to treat the residential sewage
utilizing a septic tank and disposal of effluent will be via soil percolation. Information
regarding percolation tests, maximum seasonal ground water level and depth to bedrock
is included in the attached Geology report. Appendix C
E. The proposed management plan for the individual sewage disposal systems will consist
of pumping the septic tanks every two years.
4
Appendix A
Land Use Breakdown
CALOIA & HOUPT, P.C.
ATTORNEYS AT LAW
SHERRY A. CALOIA
JEFFERSON V. HOUPT
BARBARA P. KOZELKA
MARK E. HAMILTON
1204 GRAND AVENUE
GLENWOOD SPRINGS, COLORADO 81601
(970) 945-6067 - VOICE
(970) 945-6292 - FACSIMILE
Please direct correspondence to this address
MEMORANDUM
PARK AVENUE PROFESSIONAL BLDG.
121 NORTH PARK AVE., SUITE B
MONTROSE, COLORADO 81402
(970) 252-0180 - VOICE/FACSIMILE
Sender's email: scaloia@sopris.net
TO: South Ranch Subdivision File
FROM: Sherry A. Caloia
DATE: September 8, 2000
RE: South Ranch Subdivision: Land Use Breakdown
1 Existing zoning and proposed zoning changes: The existing zoning is A/R/RD.
No zoning changes are requested.
2. Total development area is: 30 acres
3. Total number of lots proposed is: 3
4. Total number of dwelling units proposed is: 3
5. Total area of proposed non-residential floor space is: 0
6. Total number of individual dwelling units proposed for each structure is: 1
7. Total number of proposed off street parking spaces: 4 per lot
8. Total proposed density: 1 house per ten acres
STIRLING -Land Use Breakdown Memo -1
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Appendix B
ek_. Supply Plan
FROM : SNOLJMASS W S
PWS IDA
PHONE NO. : 9709236271 Sep. 12 2000 01:20PM P1
STANDARD BACTERIOLOGICAL WATER TEST
SNOWMASS WATER & SANITATION DISTRICT
P -O- BOX 5700 - SNOWMASS VIU.AGE, CO 81615
Sample Location l�/ir54/our
SAMPLE TAKEN DATE
COUNTY
/�✓..ftr14
• y -1I 'C q. �T Ay'SUPPLYNAME FSlI�/.:r7 C/u
TIME, L � `SUPPLY Sof•• 7lnn
A! /-./
CHLORINE
RESIDUAL MGA -
SAMPLER ? I,'o/ ronrj
COMMUNITY SUPPLY
NON COMMUNITY
( ) OTHER PUBLIC
( V,) PRIVATE
( ) ROUTINE DISTRIEUT10N SYSTEM SUPPLY
( ) CHECK SAMPLE ( ) PROCESS WATER
( 1 --)-RAW ( ) GROUND ( ) SURFACE
( ) SPECIAL PURPOSE SAMPLE
NOTE: IF ALL INFORMATION IS NOT SUPPLIED, THE SAMPLE WILL BE DISCARDED.
REMARKS: {(
RETURN TO of(X.n /1•E' /i Gil /Lf p
13 <<-
ADDRESS /7'/ /3 .2 1 7 q , v v 1419•S
CITY-STATE (- % 1 ✓I / 11v. ;i 47',9, 4.64. / G S 2
PHONE (171 'Ye,/) - l . T L^ 9
ANALYST/START y///67
ANALYST/FINISH
RESULTS
•
MEMBRANE FILTER
DIRECT
COLIFORM
FECAL
0
ASSENT
ABSENT
ADJUSTED
COUNT:
PRESENT
PRESENT
COUFORM/100 ML
UNSUtlABLE �f
FOR TEST
LAURYL SULFATE BROTH
2d
48
BGE
SEE REVERSE FOR TIME LIMITATIONS SAMPLING INSTRUCTIONS ANO DEFINITIONS.
LAB -MICRO 106 (REV. 240) IOW
MPN
COLIFORM/100 ML
RESULTS GREATER THAN ONE
COLIFORM PER 100 ML INDICATES
NON-COMPLIANCE WITH MINIMUM
DRINKING WATER STANDARDS.
NOCCULATE
0
0
APPENDIX B
MEMO RE WATER SUPPLY PLAN
FOR SOUTH RANCH SUBDIVISION
TO: South Ranch Subdivision File
FROM: Sherry A. Caloia
DATE: September 8, 2000
RE: South Ranch Subdivision: Water Supply Plan
Copies of 1miC and well log of the proposed well to be used for this subdivision
are attached along with a letter from David Powell. This Well produced 12 g.p.m. Twelve
g.p.m. is more than adequate to service three homes with 3,000 square feet of irrigation each.
Three homes will use 1,050 gallons per day. Irrigation of 9,000 square feet will use
approximately 1,000 gallons per day in the irrigation season. That is 2,050 gallons per day. If
the well produces 12 g.p.m. that is 17,280 gallons per day. The water quality of the wells has
been acceptable for all of the wells used in the Sun Mesa PUD which is just to the North.
Water ity will be tested from the proposed well this week.
The water will be provided from one vomit The well will be owned by a homeowners
association which will be responsible to operate it for the benefit of these three lot owners.
The well will be drilled prior to final plat. ) he pump and pipelines will be installed by the lot
owners and the method of financing will be as set forth on the attached Declaration of
Covenants"!
STIRLING -Water Supply Plan
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ri_IfitIBEIRLINE ENG EERiIJTG
1 STRUCTURAL/CWIL ENGINEERING . CONTRA=NG *CERTIFIED ENERGY DESEGN PROFESMONAL
September 11, 2000
Becky Stirling
704 Skipper Drive
Carbondale, CO 81623
Re: South Ranch Subdivision Water Supply and System
Dear Ms. Stirling:
Following is a summary of water related issues for the proposed South Ranch Subdivision.
QUANTITY
The South Ranch Subdivision will have adequate water for the proposed three residences. The
wwabokiaii4p4,44,AgSeugiAancla-Stibilivisimeanbe-prowi4i4 by„oxtyp,f. 4 Sua„AfiesitTAZI
weligiveecirdirittwtewtteuttdettet'of99eW36,
The Sun Mesa PUD currently has fifteen (15) approved well sites for drilling. Approximately 6
of these wells are drilled. The rates vary from 5 gallons per minute to 19 gallons per minute. A
total of 181 gallons per minute have been decreed. This amount of water is adequate to service
both the Sun Mesa PUD and the South Ranch Subdivisions.
WeitaG;,-41#4,I34$,,i4 drilled fortha South,Raneit- Subdivision, has' been antryie Ids
apprimateir •.42 gallotinper-minow.,whien-inadequatoln'tttrosnties,wiln4noited
irrigation,
QUALITY
A water quality test has been taken for this well and it is anticipated that the quality will be
acceptable as there are no problems with water quality in any of the Sun Mesa PUD wells. The
results of the water quality test will be submitted as soon as they are available.
The water system will consist of a well pump which may require a booster pump to pump the
water approximately 2,900 feet to the South Ranch Subdivision water tank. The water tank is
preliminarily sized at 5,000 gallons pending approval of the Fire Marshall. A four inch (4”) PVC
supply line will then gravity feed the water to the South Ranch lots. See the attached Figure 1.
Sincerely,
TIMBERLINE ENGfEERING:,_
iz,;(„607 77/176,
David A, Powell, PE
0X631 C
ONDALE, CO. 81623 P}1014E 970 963 9869 / FAX 970 963 9003
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icavRW/4 9'£1/4
90, N., COR
1"=500'
FENCSL/N6 O£SCR/BAY2 AT
8008" 574, RACE 901 Nr COR 881/1 wry/4
SECT/ON 29
LOT 21
OPEN SPACE
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LOT 10
RATER
PUPC6
PU98
PHOUSE
SAM/TNT
7!E 70 NA' COR LOT 29.
9.9'21'93"
71259' A"
71259'
8.' COR 9'41/4 9'81/4
8807/09' 29
NORTH 1/4 CORNER
88'07!09' 29
NB C<
8602
LOT 22
S„
\VSA
\PD
SUN 9£59
LOT 7
SUN MESA
LOT 6
LOT 29
WELL
AREA'
\\\\
4" PVC''
TO TANK
LOT 19
OPEN SPACE
LOT 2G
NF L
SECT.
SON 4115A
078N SPACA 4" PVC
TO SOUTH
RANCH
`` SUN.RASI
yOP6N SPACE'
1
5,000 GAL
TANK
/ SUN MESA
LOT 18
OPEN SPACE
SUN MASA
LOT 15
SUN 9654
OPEN SPACE
SUN 1/854
LOT 11
SUN MESA
201' 13
SUN PASA
LOT 12
074
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Form No.
GWS -25
APPLICANT
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sheirnan St., Denver, Colorado 80203
(303) 866-3581
SUN MESA PUD
C/O SHERRY A CALOIA
1204 GRAND AVE
GLENWOOD SPRINGS, CO
(970) 945-6067
PERMIT TO CONSTRUCT A WELL
1095
WELL PERMIT NUMBER 053721
DIV. 5 WD 38 DES. BASIN MD
APPROVED WELL LOCATION
GARFIELD COUNTY
SW 1/4 NE 1/4 Section 29
Township 7 S Range 87 W Sixth P.M.
81601- DISTANCES FROM SECTION LINES
1800 Ft. from North Section Line
2500 Ft. from East Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
I) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit
does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested
water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless
approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump
Installation Contractors in accordance with Rule 18.
)) Approved pursuant to CRS 37-90-137(2) and the decree granted for the Stirling Well C in case no. 84CW741 on the
ossaitiet-that this well is operated in accordance with the John Stirling Augmentation Plan approved by the Division,5
Villatec-Court in case no. 84CW741 and amended in case nos. 87CW244 and 99CW036. If this well is not operated in
accordance with the terms of said decrees, 6 will be subject to administration including orders to cease diverting water.
4) The maximum pumping rate of this well shall not exceed 14 GPM.
5) The combined annual amount of ground water to be appropriated by the Stirling Wells A -L shall not exceed 18.9
acre-feet.
6) The use o( ground water from this well is limited, to a central water supply for the Sun Mesa PUD as specified in case
nos_434CW741, 87CW244 and'99CW036.,
7) This well shall be constructed not more than 200 feet from the location decreed for the Stirling Well C in case no.
84CW741 and the location specified on this permit.
8) This well shall be constructed at least 600 feet from any existing well that is not owned by the applicant or for which a
waiver has not been obtained.
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 monthly) and submitted to the Division Engineer
upon request.
10) 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.
11) This permit has been approved for 18.9 acre-feet to be diverted annually by the Stirling Wells A -L. You are hereby
notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty
(60) days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through
106, C.R.S.)
NOTE: Expired permit 29714-F was previously issued for this wel1.1.5(t
APPROVED
KJW
`Receipt No. 0450304E
State Engineer
DATE ISSUED MAY 1 1 2000
By
MAY 11 2001
EXPIRATION DATE J
SEP- 7-00 THU 11:21 AM SHELTON DRILLING CO FAX NO. 9709273801
WELL CONSTRUCTION AND TEST REPORT
STATE OF COLORADO, OFFICE OF THE STATE ENGINEER
FOR OFFICE USE ONLY
1 11. DISINFECTION : Type : HTH
12. WELL TEST DATA : [ ] Check Box If Test Data is Submitted On Supplementai Form.
TESTING METHOD : Air Compressor
I
Static Level 220 ft. Date/Time Measured : 09/30/1996 Production Rate :
Pumping Level : Total ft. Date/Time Measured : 09/30/1996 Test Length
L..
Amt. Used
12 gPm.
2 hrs.
Remarks p,,,,,,M s.stio+� 24-4-104 (,s)ca> ci2s, me making of W�•^,•�,a �"a.as
13. p `„ »M o,la class 1 misdemesnan� that they aro to my IawwledQe-
Phone : (970) 927-4182
CONTRACTOR : Shelton Drilling Corp. Basalt. CO81621 I is No. 109p
AJlpflinn Address P O. Box 105 Date 05118/96
Name / Title (Please Type or Print) Signature
Wayne Shelton / President
1
1.
WELL PERMIT NUMBER MH -28048
2.
Owner Name(s) : John Stirling
Mailing Address : 0704 Skipper Dr
City, St. Zip : Carbondale, Co. 81623
phone (970) 963-0236
APPROVAL s GWS31-91-03
3.
WELL LOCATION AS DRILLED: SW 1/4 NE 1/4 Sec. 29 Twp. 07S Range 87W
DISTANCES FROM SEC. LINES:
0 ft. from Sec. line. and ft. from Sec. line. OR
SUBDIVISION : LOT BLOCK FILING(UNIT)
STREET ADDRESS AT WELL LOCATION :
4.
GROUND SURFACE ELEVATION ft DRILLING METHOD Air Rotary
DATE COMPLETED 04117/96 TOTAL DEPTH 280 ft. DEPTH COMPLETED 2$0 ft.
GEOLOGIC LOG :
6. KOLE DIAM. lin)
FROM litl
TO (ftl
th
Type of Material (Size, Color, and Type)
9.0
0
24
280
000-220
Volcanics, Cinders, Flows
6.5
24
220-.280
Brown/Yellow Sandstone
7. PLAIN CASING
OD (in)
Kind
Wall Size
From (ft)
To (it)
24
7.0
Steel
0.240
-1
225
5.5
PVC
0.250
20
PERF. CASING : Screen Slot Size :
280
5.5
PVC
.250
225
8. Filter Pack
9. Packer Placement
WATER LOCATED : 220 - 250
Material :
Size :
Interval :
Type
Depth :
REMARKS :
10. GROUTING RECORD :
latenai
Amount
Density
interval
Placement
cement
3 sks
16 gal
5-24
poured
1 11. DISINFECTION : Type : HTH
12. WELL TEST DATA : [ ] Check Box If Test Data is Submitted On Supplementai Form.
TESTING METHOD : Air Compressor
I
Static Level 220 ft. Date/Time Measured : 09/30/1996 Production Rate :
Pumping Level : Total ft. Date/Time Measured : 09/30/1996 Test Length
L..
Amt. Used
12 gPm.
2 hrs.
Remarks p,,,,,,M s.stio+� 24-4-104 (,s)ca> ci2s, me making of W�•^,•�,a �"a.as
13. p `„ »M o,la class 1 misdemesnan� that they aro to my IawwledQe-
Phone : (970) 927-4182
CONTRACTOR : Shelton Drilling Corp. Basalt. CO81621 I is No. 109p
AJlpflinn Address P O. Box 105 Date 05118/96
Name / Title (Please Type or Print) Signature
Wayne Shelton / President
1
DISTRICT COURT, WATER DIVISION NO. 5, COLORADO
Case No. 99CW036
AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW, RULING OF THE
REFEREE, JUDGMENT AND DECREE
CONCERNING THE APPLICATION FOR WATER RIGHTS OF:
THE ESTATE OF JOHN M. STIRLING,
in Garfield County, Colorado
The above -entitled Application was filed on February 28, 1999. An Amended
Application was filed on May 28, 1999. The Application and Amended Application (hereinafter
"Application") were referred to the Water Referee for Water Division No. 5, State of Colorado,
by the Water Judge of said Court in accordance with Article 92, Chapter 37, C.R.S. (1973),
known as the Water Rights Determination and Administration Act of 1969.
The undersigned Referee, having made such investigations as are necessary to determine_
whether or not the statements in the Application are true, and having become fully advised with
respect to the subject matter in the Application, does hereby make the following Amended
Findings of Fact, Conclusions of Law and Ruling as the Referee in this matter:
FINDINGS OF FACT
The name and address of the Arrant is:
Estate of John Ni. Stirling
clffsfifikirgAleinig
0704 Skipper Drive
Carbondale, CO 81623
(970) 928-9287
c/o Sherry A. CaloiarEsq.
CALOIA & HOUPT, P.C.
1204 Grand Avenue
Glenwood Springs, CO 81601
(970) 945-6067 ph
(970) 945-6292 fax
STIRLING Ruling 99CW036 (Amended)
January 19, 2000
District Court; Water Division No. 5
Case No. 99CW036; Estate of Stirling
Amended Ruling of Referee
2. Timely and adequate notice of the filing of this Application was given as required by law.
3 A Statement of Opposition was filed in this matter by Jean and Dee Blue.
4. The Applicant requests a change of water right as more fully described as follows:
A. Decreed name of structure for which change is sought:
Stirling Wells M, N, 0 and P.
(1) Decree information: all decreed in Case No. 85CW139,
District Court, Water Division No. 5.
(2) Locations: all wells are in Section 29, Township 7 South, Range 87 West
of the 6l' P.M., Garfield County, Colorado. The specific locations of each
well are set forth below.
(3) Source: groundwater tributary to Roaring Fork River (all wells).
(4) Amounts: .033 c.f.s. conditional each well.
(5) Appropriation dates: April 5, 1985.
(6) Uses: domestic, commercial health spa, household purposes, livestock
water, fire protection, and lawn and garden irrigation.
B. Stirling Wells D, F, I, and J.
(1) Decree information: original decree 79CW383 entered in June of 1980
changed by decree on January 29, 1986 in Case No. 84CW741, District
Court, Water Division No. 5.
(2) Locations and amounts: all wells are in Section 29, Township 7 South,
Range 87 West of the 6'r' P.M., Garfield County, Colorado. The specific
locations and the amounts decreed to each well are more particularly
described below.
STIRLING Ruling 99CW036 (Amended)
January 19, 2(0)
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District Court; Water Division No. 5
Case No. 99CW036; Estate of Stirling
Amended Ruling of Referee
(3) Source: groundwater tributary to Roaring Fork River (all wells).
(4) Appropriation dates: May 15, 1979 (all wells).
(5)
Uses: domestic, household purposes, livestock water, fire protection, and
lawn and garden irrigation.
Other decrees: Case Nos. 79CW383 (original well decrees) 84CW741 (changed
amounts decreed to Stirling Well Nos. 3-12 to Stirling Wells A -L and approved
augmentation plan for these wells for Sun Mesa P.U.D.); Case No. 85CW139
(decreed Stirling Wells M -P and approved augmentation plan for wells to serve
the addition to Sun Mesa P.U.D.); Case No. 87CW244 (amended decrees in Case
Nos. 84CW741 and 85CW139 to eliminate two units from decree in 85CW139
and three units in 84CW741 and replace these five units with a health spa);
Historic use of subject water rights: N/A. All are decreed conditional.
Proposed changes:
A. Change in point of diversion for Stirling Wells.
Applicant requests the following changed points of diversion:
Name
Amount
Location
Relocate To
Stirling
Well D
9 gpm
NW 1/4 SE 1/4 Sec. 29 whence NW corner
of Sec. 29 bears N. 50°30' W. 4720 ft.
2400 ft. from S., 1460 ft. from E.
NEt/a SE'/a Sec. 29
800' from E. Sec. Line
2600' from S. Sec. Line
Stirling
Well F
5 gpm
SW 1/ NE 1/4 Sec. 29 whence NW corner
of Sec. 29 bears N. 41°30' W. 4690 ft.
1900 ft. from N., 1900 ft. from E.
SW 1/4 NE'/4 Sec. 29
2200' from N. Sec. Line
1350' from E. Sec. Line
Stirling
Well 1
14 gpm
NW 1/4 SW 1/4 Sec. 29 whence NW corner
of Sec. 29 bears N. 09°30' W. 2660 ft.
2680 ft. from N., 540 ft. from W.
NW 1/4 SW'/4 Sec. 29
2550' from S. Sec. Line
1875' from W. Sec. Line
Stirling
Well J
18 gpm
NW 1/4 SW 1/4 Sec. 29 whence NW corner
of Sec. 29 bears N. 06° W. 3020 ft.
1750 ft. from. S., 360 ft. from W.
SW 1/4 SW'/4 Sec. 29
2100' from S. Sec. Line
1500' from W. Sec. Line
All wells are located in Section 29, Township 7 South, Range 87 West, 6th P.M.,
STIRLING Ruling 99CW036 (Amended)
January' 19, 2000
-3-
District Court; Water Division No. 5
Case No. 99CW036; Estate of Stirling
Amended Ruling of Referee
Garfield County, Colorado.
B. The addition of 30 acres to Sun Mesa P.U.D. to be served by the integrated water
system.
Applicant proposes to add 30 acres to the Sun Mesa P.U.D. which will be served
by wells described above and subject to the augmentation plans decreed in Case
Nos. 84CW741 and 85CW139. This acreage is described as follows:
N' SE VI SW IA and the E'/z N' SW 'A SW'/a of Section 29, Township 7 South,
Range 87 West, 6th P.M.
A change in water right to allow use of water for 3 dwelling units, each with 3000
square feet of irrigation with a corresponding decrease in commercial consumptive
use from health spa approved in Case No. 87CW244.
Applicant proposes to change the scope of the subdivision described in Case Nos.
84CW741 and 85CW139, as amended by 87CW244. The size of the health spa
described in 87CW244 will be reduced by 60% so as to provide consumptive use
credits for three additional residential dwelling units, each with up to 3,000 square
feet of associated irrigation, to be located on the lands described in the preceding
paragraph 5.0 or within the PUD. The size of the spa described in 87CW244 will
be reduced from a maximum of 29 rooms to a maximum of 11 rooms. The
resulting decrease in commercial consumptive use (0.576 acre-feet/year) would be
changed to domestic use for three dwellings. The assumptions used to support this
request are as follows:
• each residential unit will require approx. 350 g.p.d.
• wastewater treatment by individual septic tank/leachfield
(15% consumptive use)
• 80% irrigation consumptive use
D. A change of water right to allow the remainder of health spa commercial use to be
converted to commercial and/or domestic uses as valid alternative uses.
a) 5 additional dwelling units with no irrigation and 1 residential unit with
3000 square feet of irrigation; or
b) 11 rooms of a commercial health spa and lodge; or
STIRLING Ruling 99CW036 (Amended)
January'19, 2000
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District Court; Water Division No. 5
Case No. 99CW036; Estate of Stirling
Amended Ruling of Referee
c) a combination of the two options
can be made with this 40% of the remainder of the health spa/commercial water as
allocated in Case No. 87CW244.
The following assumptions apply:
Additional Dwelling Units (up to 5 units):
• Each a maximum of 1,500 square feet
• Each assumed to require maximum of 350 g.p.d.
• No associated irrigation
• Wastewater treatment by individual septic tank/leachfield
(assume 15% consumptive use)
Commercial lodge and health spa (up to 11 guest rooms):
• Each room requires up to 200 g.p.d.
• No associated irrigation
• Wastewater treatment by septic tank/leachfield (assume 15
consumptive use)
One Residence with 3,000 square feet irrigation:
• In-house use -- 350 g.p.d.
• Irrigation -- 80% consumptive
• Septic tank leachfield treatment
Applicant requests the ability to use this water in any combination of the above-described
commercial and/or domestic uses as long as the total diversions do not exceed 2,230
gallons per day and the consumptive use does not exceed 15%.
There will be no increase in diversions or consumptive use over that decreed and
augmented in the above-mentioned cases and the Applicant will provide updated tables
and build out as the PUD is developed.
A table of the proposed diversions and consumptive use for the entire PUD is attached
hereto.
The Court finds that, if operated in accordance with the terms and conditions of this
decree, the requested change will not injuriously affect the owners of or persons entitled
STIRLING Ruling 99CW036 (Amended)
7anuary.19. 2000
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District Court; Water Division No. 5
Case No. 99CW036; Estate of Stirling
Amended Ruling of Referee
to use water under vested water rights or decreed conditional rights.
6. Well permits for the wells to be changed herein were filed with the State
Engineers Office.
7. The Applicant has entered into a Stipulation with Objector Jean and Dee Blue,
dated September, 1999, in which they consent to entry of this Decree.
CONCLUSIONS OF LAW
8. The application was timely and properly filed in accordance with C.R.S.
§§37-92-301(4)(a).
9. The application filed herein is complete, covering all applicable matters required
under C.R.S. §07-92-302.
10. All notices required by law have been given, and no further notice need be given. .
12. The Court has jurisdiction of this matter and of all persons, whether they have
appeared or not. C.R.S. §§37-92-301(2) and -303(1).
13. This Court has authority to grant the change of water right requested in the
application. C.R.S. §07-92-301(2), -302 and -303(1).
14. A particular point of diversion of a water right may also serve as a point or means
of diversion for another water right. C.R.S. §37-92-305(2).
15. A change of water right shall be approved if it will not injuriously affect the
owner or persons entitled to use water under a vested water right or decreed conditional water
right. C.R.S. §37-92-305(3).
16. Any decree approving a change of water right must be conditioned upon the
retained jurisdiction of the Court for a period necessary or desirable to preclude or remedy any
injury to the vested rights of others. C.R.S. §37-92-304(6).
STIRLING Ruling 99CW036 (Amended)
January 19, 20(X)
-6-
District Court; Water Division No. 5
Case No. 99CW036; Estate of Stirling
Amended Ruling of Referee
RULING OF THE REFEREE
17. The foregoing Findings of Fact and Conclusions of Law are incorporated as if
fully set forth herein.
18. The change of water rights described in Paragraph 4, above, is granted, subject to
the terms and conditions contained herein and subject to the terns and conditions of the
augmentation plans adjudicated in Case Numbers 84CW741, 85CW139, and 87CW244 as are
applicable to each of the wells described above.
19. Well permits shall be issued by the State Engineers Office subject to the review
required by Section 37-90-137(2) C.R.S. 1973 as amended.
20. The change of water rights, subject to the plans for augmentation as described in
the decrees listed above, is approved. Pursuant to Colo. Rev. Stat. § 37-92-305(8), in
administering the augmentation plans, the State Engineer shall curtail all out -of -priority
diversions, the depletions from which are not so replaced as to prevent injury to vested water
rights.
21. Pursuant to Colo. Rev. Stat. § 37-92-502(5), the Applicant shall install,
maintain, and monitor at locations determined by the Division Engineer, and at Applicant's
expense, any measuring device deemed necessary by the Division Engineer to administer this
decree. The Applicant shall also provide accounting and supply calculations regarding the
timing of depletions as required by the Division Engineer for the operation of this plan. The
Applicant shall file an annual report with the Division Engineer by November 15ih of each year
summarizing depletions and replacements made under this plan. The Applicant agrees to
prepare engineering outlining the timing of estimates based upon actual usage on a yearly basis
until full build -out. The Applicant shall provide tables to the Division Engineer of the number
and type of units built each year and shall estimate the diversions and depletions for the
following water year. Such reports shall be made on a yearly basis until full build -out occurs.
It is accordingly ORDERED that this Ruling shall be filed with the Water Clerk subject to
Judicial review.
It is further ORDERED that a copy of this Ruling shall be filed with the appropriate
Division Engineer and the State Engineer.
STIRLING Ruling 99CW03( (Amended)
January 19, 2000
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District Court; Water Division No. 5
Case No. 99CW036; Estate of Stirling
Amended Ruling of Referee
The Findings of Fact, Conclusions of Law, Ruling of the Referee, Judgment and Decree
entered by the Water Referee on November 5, 1999 is hereby vacated.
Dated this 22 day of December 1999.
COPY Of the fQregoiyiu mailed to all
Counsel of record ---Water
Referee, ---Div. E wineer an•
State Engineer-Y-zDate 2 L Q,
n,potyCW-rk Watof Mr No. 5
Caloia
Howse
BY,TEdik
Water Referee, Water Division No. 5
State of Colorado
No protest was filed in this matter, and accordingly the foregoing Ruling is confirmed
and approved, and is made the Judgment and Decree of this Court.
The approval of this change of water right shall be subject to reconsideration by the
Water Judge on the question of injury to the vested rights of others for a period of two calendar
years following the date of entry of this decree. In determining the period of reconsideration, the
Court has taken into account the historical and proposed future use of the subject water rights.
Dated this
Copy of the forego,PQ mailed to all
Counsel of records --Water,
Referee, ---Div. Engineer }a d
State Engineer --Date
Clerk. Wali. heti: Na i
1
' Caloia
Howse
2000.
STIRLING Ruling 99CW036 (Amended)
December 17. 1999
-8-
Appendix C
Geology
i
115
survey rnap was compiled by the U. S. Department of
h.,), iture, Soil Conservation Service, and cooperating agencies.
Base maps are orthophotographs prepared by the U. S. Depart-
ment of Interior, Geological Survey from 1979 aerial photography.
Coordinate grid ticks and land division corners, if shown, are
app4innately positioned.
SCALE 1'24 000
ASPE;`1,GYPSUM AREA, COLORADO NO, 20
2 KILOMETERS
FI
T. 7 S.
T. 8 S.
2 MILES
72 Soil Survey
The Hock outcrop consists mainly of barren
sandstone, shale, and basalt.
This unit is used as wildlife habitat. The native
vegetation is grasses, forks, pinyon, and Utah juniper.
This unit is poorly suited to homesite development.
The main limitations are the slope, the depth to
bedrock, and large stones.
This map unit is in capability class VIII. No range site
is assigned.
--t›.106—Tridell-Brownsto stony sandy loams, 12 to 50
percent slopes, extremely stony. This neap unit is on
terraces and mountainsides. Elevation is 6,400 to 7,700
feet. The average annual precipitation is 12 to 14
inches, the average annual air temperature is 42 to 44
degrees F, and the average frost -free period is 85 to
105 days.
This unit is about 45 percent Tridell soil and 35
percent Brownsto soil. About 5 to 10 percent of the
surface is covered with stones.
Included in this unit are small areas of Forelle and
Evanston soils in the Tess sloping cleared areas. Also
included are small areas of basalt Rock outcrop and
soils that are similar to the Tridell soil but have less
gravel and fewer stones. Included areas make up about
20 percent of the total acreage.
The Tridell soil is deep and somewhat excessively
drained. It formed in alluvium and colluvium derived
dominantly from sandstone and basalt. Typically, the
upper part of the surface layer is grayish brown stony
sandy loam about 2 inches thick. The lower part is
grayish brown very cobbly fine sandy loam about 7
inches thick. The upper 5 inches of the substratum is
very cobbly fine sandy loam. The next part is cobbly
sandy loam about 11 inches thick. Below this is 12
inches of very stony fine sandy loam. The lower part of
the substratum to a depth of 60 inches is very stony
loamy sand. Hard basalt is commonly below a depth of
about 60 inches. The soil is calcareous throughout. A
thin layer of partially decomposed needles, twigs, and
leaves is on the surface in many places.
Permeability is rnoderately rapid in the Tridell soil.
Available water capacity is low. The effective rooting
depth is 60 inches or more. Runoff is rapid, and the
hazard of water erosion is moderate.
The Brownsto soil is deep and well drained. It formed
in alluvium derived dominantly from coarse textured,
calcareous sandstone and basalt. Typically, the upper
part of the surface layer is light brownish gray stony
sandy loam about 4 inches thick. The lower part is light
brownish gray stony sandy loam about 7 inches thick.
The upper 19 inches of the substratum is very gravelly
sandy loam. The next 12 inches is very gravelly loamy
sand. The lower part to a depth of 60 inches is gravelly
sandy loam. A thin layer of partially decomposed
needles. twigs, and leaves is on the surface in many
places.
Permeability is moderate in the Brownsto soil.
Available water capacity is low. The effective rooting
depth is 60 inches or more. Runoff is rapid, and the
hazard of water erosion is moderate.
This unit is used mainly for livestock grazing or
wildlife habitat. It also is used for lirnited homesite
development, for Christmas trees, or as a source of
firewood and posts.
The potential plant community on the Tridell soil is
mainly pinyon pine and Utah juniper with an understory
of bluebunch wheatgrass, Indian ricegrass, Wyoming
big sagebrush, and muttongrass. Other plants that
characterize this site are bottlebrush squirreltail,
antelope bitterbrush, and true mountainmahogany. The
average annual production of air-dry vegetation is about
300 pounds per acre.
rhe potential plant community on the Brownsto soil is
mainly Wyoming big sagebrush, needleandthread,
Indian ricegrass, western wheatgrass, and scattered
pinyon pine and Utah juniper. Other plants that
characterize this site are bottlebrush squirreltail,
antelope bitterbrush, and true mountainmahogany. The
average annual production of native understory
vegetation is about 600 pounds per acre.
If the range condition deteriorates, Wyoming big
sagebrush, cheatgrass, and annual weeds increase in
abundance. Mechanical treatment is not practical
because of the very stony surface and the slope.
Suitable management practices include proper grazing
use and a planned grazing system. The slope limits
access by livestock. The limited accessibility results in
overgrazing of the less sloping areas. Selective thinning
of the pinyon and juniper stands improves the quality of
the understory for grazing and provides firewood, posts,
and Christmas trees.
The Tridell soil is suited to limited production of
pinyon pine and Utah juniper. The average annual
production is 5 cords per acre. The average stocking
rate is 150 trees per acre. To ensure sustained yields
and continued use, the kind of wood production should
be considered before the stands are thinned or cleared.
Special care is needed to minimize erosion when the
stands are thinned or cleared. Thinning the stands
generally promotes the growth of understory grasses
and young trees
Only the less sloping areas of this unit are suited to
homesite development. The main limitations are the
slope and the stoniness. Erosion is a hazard in the
steeper areas. Only the part of the site that is used for
construction should be disturbed. Topsoil can be
stockpiled arid used to reclaim areas disturbed during
1
1
Aspen -Gypsum Area, Colorado 73
construction. The gravel and cobbles in disturbed areas
I
should be removed if the site is landscaped, particularly
in areas used for lawns. Areas adjacent to hillsides are
occasionally affected by runoff, which may be
I
accompanied by the movement of rock debris.
Population growth has resulted in increased
construction of homes in areas of this unit.
IThis map unit is in capability subclass Vile,
nonirrigated. The Tridell soil is in the Pinyon -Juniper
woodland site, and the Brownsto soil is in the Stony
Foothills range site.
107—Uracca, moist-Mergel corrrplex, 1 to 6 percent
Isiopes, extremey stony. This map unit is on alluvial
fans, benches, and valley side slopes. Elevation is
6,800 to 8,400 feet. The average annual precipitation is
16 to 19 inches, the average annual air temperature is
I
40 to 43 degrees F, and the average frost -free period is
75 to 95 days.
This unit is about 50 percent Uracca soil and 40
I
percent Mergel soil.
Included in this unit are srnall areas of soils that are
similar to the Uracca and Mergel soils but have a
I
thicker surface layer and a lower content of coarse
fragments. Included areas make up about 10 percent of
the total acreage.
The Uracca soil is deep and well drained. It formed in
Ialluvium derived dominantly from mixed igneous and
metamorphic material. About 3 to 15 percent of the
surface is covered with boulders, stones, cobbles, and
II gravel. Typically, the surface layer is brown cobbly
III sandy loam about 3 inches thick. The upper 5 inches of
the subsoil is cobbly sandy loam. The lower 7 inches is
I
very cobbly sandy clay loam. The substratum to a depth
of 60 inches or more is extremely cobbly loamy sand.
The content of coarse fragments ranges from 35 to 85
percent, by volume, in a rnajor part of the surface layer
I and subsoil.
Permeability is moderately rapid in the Uracca soil.
Available water capacity is low. The effective rooting
Idepth is 60 inches or more. Runoff is slow, and the
hazard of water erosion is slight.
The Mergel soil is deep and well drained. It formed in
Iglaciat outwash. About 3 to 30 percent of the surface is
covered with boulders, stones, cobbles, and gravel.
Typically, the surface layer is grayish brown cobbly
loam about 8 inches thick, The upper 12 inches of the
I
substratum is very cobbly sandy loam. The lower part to
a depth of 60 inches is extremely stony sandy loam.
The content of coarse fragments ranges from 35 to 80
I percent, by volume.
Permeability is moderate in the Mergel soil. Available
water capacity is low. The effective rooting depth is 60
inches or more. Runoff is slow, and the hazard of water
erosion is slight.
This unit is used mainly for irrigated hay and pasture.
It also is used for homesite development or rock
quarrying.
If this unit is used for hay and pasture, the main
limitation is the low available water capacity. Frequent
irrigation is needed. Applications of nitrogen and
phosphorus fertilizer improve the growth of forage
plants. Proper stocking rates, pasture rotation, and
restricted grazing during wet periods help to keep the
pasture in good condition and protect the soil from
erosion. Irrigation water can be applied by corrugation,
sprinkler, and flooding methods. Pipe, ditch lining, or
drop structures in irrigation ditches facilitate irrigation
and reduce the hazard of ditch erosion. If properly
rnanaged, the unit can produce 4 tons of irrigated grass
hay per acre annually.
If this unit is used for homesite development, the
main limitations are the Targe stones and boulders on
and below the surface. Population growth has resulted
in increased construction of homes in areas of this unit.
Preserving the existing plant cover during construction
helps to control erosion. The gravel and cobbles in
disturbed areas should be removed if the site is
landscaped, particularly in areas used for lawns. The
effluent from septic tank absorption fields can surface in
downslope areas and thus create a health hazard. 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. Areas adjacent to
hillsides are occasionally affected by runoff, which may
be accompanied by the movement of rock debris.
This map unit is in capability subclass Vis, irrigated
and nonirrigated. It is in the Stony Loam range site.
108—Uracca, moist-Mergel complex, 6 to 12
percent slopes, extremely stony. This map unit is on
alluvial fans and valley side slopes. Elevation is 6,800
to 8,400 feet. The average annual precipitation is 16 to
19 inches, the average annual air temperature is 40 to
43 degrees F, and the average frost -free period is 75 to
95 days.
This unit is about 50 percent Uracca soil and 40
percent Mergel soil.
Included in this unit are small areas of soils that are
similar to the Uracca and Mergel soils but have a
thicker surface layer and a lower content of coarse
fragments. Included areas make up about 10 percent of
the total acreage.
The Uracca soil is deep and well drained. It formed in
alluvium derived dominantly from nixed igneous and
September 9, 2000
Becky Stirling
704 Skipper Drive
Carbondale, Colorado 81623
Hepworth-Pawlak Geotechnical, Inc.
51)20 County Road 154
Glenwood Springs, Colorado 81601
Phone: 970-945-7988
Fax: 970-945-8454
hpgeo@hpgeotech.com
Job No. 100 692
Subject: Radiation Potential, Proposed Residential Development, Stirling
Subdivision Exemption, Glassier Property, Garfield County, Colorado
Dear Ms. Sterling:
As requested, we are providing our opinion with respect to radiation potential at the
subject site. The proposed development consists of 3 single family residence lots on 31
acres.
The project site is not located on geologic deposits that would be expected to haigh
concentrations of radioactive minerals. However, there is a potentia. dict radon gas
could be present in the area. It is difficult to assess future radon gas concentrations in
buildings before the buildings are constructed. Testing for radon gas levels could be
done when the residences and other occupied structures have been completed. New
buildings are often designed with provisions for ventilation of lower enclosed areas
should post construction testing show unacceptable radon gas concentration.
If you have any questions or require further assistance, please call our office.
Sincerely,
HEPWORTH - PAWLAK GEOTECHNICAL, INC.
Daniel E. Hardin, P.
DEH/ksw
cc: Dave Powell
Hepworth-Pawlak Geotechnical, Inc.
5020 County Road 154
Glenwood Springs, Colorado 81601
Phone: 970-945-7988
Fax: 970-945-8454
hpgeo@hpgeotech.com
GEOLOGIC SITE ASSESSMENT
STIRLING SUBDIVISION EXEMPTION
GARFIELD COUNTY, COLORADO
JOB NO. 100 692
SEPTEMBER 8, 2000
PREPARED FOR:
BECKY STIRLING
704 SKIPPER DRIVE
CARBONDALE, COLORADO 81623
HEPWORTH-PAWLAK GEOTECHNICAL, INC.
September, 8, 2000
Becky Stirling
704 Skipper Drive
Carbondale, Colorado 81623
Job No. 100 692
Subject: Geologic site Assessment for the Stirling Subdivision Exemption,
Garfield County, Colorado
Dear Mr. Mueller:
As requested, we have conducted a geologic site assessment for the Stirling Subdivision
Exemption. The study was conducted to evaluate the potential influence of the geologic
conditions on construction of a single family residence and associated facilities.
it should be possible to locate three residences on the property. There are, however,
several conditions of a geologic nature that should be considered in locating and
designing the residences as discussed inthis report„
The report that follows describes our study, summarizes our findings, and presents our
conclusions and recommendations.
Respectfully Submitted,
HEPWORTH - PAWLAK GEOTECHNICAL, Inc.
Ralph G. Mock
Engineering Geologist
Rev. by: DEH
RGM/ro
TABLE OF CONTENTS
PURPOSE AND SCOPE OF STUDY
PROPOSED DEVELOPMENT 1
SITE CONDITIONS 1
GEOLOGIC SETTING
FORMATION ROCK
SURFICIAL SOILS 3
GEOLOGIC SITE ASSESSMENT 3
CAP ROCK RIM STABILITY 3
CONSTRUCTION RELATED SLOPE INSTABILITY 3
REGIONAL EVAPORITE DEFORMATIONS 4
SINKHOLES 4
EXCAVATION DIFFICULTIES 4
EARTHQUAKE CONSIDERATIONS 4
LIMITATIONS 5
REFERENCES 6
FIGURE 1 - STIRLING SUBDIVISION EXEMPTION - GEOLOGY MAP
H -P GEOTECH
PURPOSE AND SCOPE OF STUDY
This report presents the findings of a geologic site assessment for the Stirling
Subdivision Exemption, Garfield County, Colorado. The project site is shown on Fig.
1. The study was conducted to evaluate the potential influence of the geologic
conditions on subdivision of the property into three single family lots. The work was
done according to our August 25, 2000 Professional Services Agreement letter to you.
A geologic reconnaissance of the property was made on August 30, 2000. In
addition, we have looked at aerial photographs and reviewed the geologic literature.
Based on this, an assessment of the geologic conditions and their anticipated influence
on the proposed development was made. A geologic map of the property was also
prepared, see Fig. 1. This report summarizes the data obtained and presents our
conclusions and recommendations.
PROPOSED DEVELOPMENT
The 31 acre Stirling Subdivision Exemption will be subdivided into three lots for
the construction of three single family homes, see Fig. 1. The lots will be about 12, 9
and 10 acres in size. The proposed building sites are located on the more gently sloping
terrain to the north of the basalt cap rock in the northeastern part of the property.
Building areas are 1''7, 2.4 and 2.0 acres in size. Specific building locations and types
were not available at the time of this study. The homes will have individual on -s
is
wells and septic disposal systems.
SITE CONDITIONS
The Stirling Subdivision Exemption covers about 31 acres and is located in the
Missouri Heights area to the north of the Roaring Fork River valley. The property is in
the SE 1/4 of Section 29, T. 7 S. R. 87 W. Missouri Heights is a rolling basalt plateau
that stands about 600 to 700 feet above the river valley to the south. The general
topography in the area is shown on Fig. 1. The basalt cap rock rim that marks the
southern extent of the plateau crosses through the exemption area. Slopes in the
proposed building areas to the north of the rim are moderate. Steep slopes, in the range
of 50% to 65 %, are present on the valley side to the south of the rim. Slopes in the
H -P GEOTECH
2
proposed building areas are between about 7% and 20%. Major drainages do not cross
through the property. Vegetation consists mostly of juniper and pinion trees with sage
and other brush. The property was vacant at the time of our field work. The Sun Mesa
P.U.U. borders the property on the north.
GEOLOGIC SETTING
The Missouri Heights upland is a large basalt plateau that lies between the White
River uplift to the north and the Roaring Fork syncline to the south. The uplift and
syncline were formed during the Laramide orogeny about 40 to 70 million years ago.
Regional geologic mapping shows that the Eagle Valley Evaporite underlies the basalt in
the project area (Kirkham and Widmann, 1997). Major faults are not present in the
vicinity of the project (Kirkham and Widmann, 1997). Surficial soil deposits consist of
upland deposits on the plateau and colluvium on the steep valley side. The major
geologic features in the area are shown on Fig. 1.
FORMATION ROCK
The Eagle Valley Evaporite (Pee) locally crops out on the hillside in the lower
part of the three lots and underlies the basalt flows (Tb) on the plateau at the building
sites. The Eagle Valley Evaporite is a gray and tan gypsum and anhydrite with
interbedded siltstone, claystone and dolomite. The formation rock varies from
cemented and hard to non-cemented but firm. The bedding is complexly folded because
of plastic flow in the gypsum and anhydrite. These rocks are soluble in fresh water and
sinkholes are sometimes present in areas where the Eagle Valley Evaporite is near the
surface. It appears that the basalt flows that overlie the evaporite are about 50 to 100
feet thick at the project site. Evidence of sinkholes was not observed in the field. The
basalt is fractured and broken and typically consists of boulder -size angular blocks with
interstitial sandy clay soil. The intact basalt rock is very dense and very hard. The
basalt flows in the vicinity of the site have been dated at 9.7 million years before the
present (Kirkham and Widmann, 1997).
H -P GEOTECH
J
SURFICIAL SOILS
On the plateau, the basalt is usually covered by an upland soil deposit (Qu) that
is from less than one -foot thick to about 10 feet thick in places. The upland soils appear
to be largely a wind deposited loess. They are typically a reddish -tan, fine sandy, low
plasticity clay that sometimes contain angular rock fragments. Colluvium (Qc) derived
from the basalt flows and Eagle Valley Evaporite are present on the valley side to the
north of the cap rock rim. The colluvium consists of angular basalt blocks from gravel
to boulder size in a sandy clay to clayey sand matrix. The colluvium is from less than
one -foot thick to probably greater than ten feet thick.
GEOLOGIC SITE ASSESSMENT
There are several conditions of a geologic nature that should be considerefi in
planning and designing residential buildings at the three proposed lots. These
conditions and their anticipated influence on residential construction are discussed
below.
CAP ROCK RIM STABILITY
A sharp slope break occurs at the edge of the plateau along the cap rock rim and
steep slopes are present to the south of the rirn, see Fig. 1. Signs of recent slope
instability were not observed in this area during our field reconnaissance. Although the
plateau rim appears stable, we recoiiuuend that the residences not be located within 'SO
feet of the plateau rim unless site specific stability studies are omalueted.
CONSTRUCTION RELATED SLOPE INSTABILITY
We do not expect major problems with construction related slope instability if
the residences are not located close to the cap rock rim and grading elsewhere is
engineered. For preliminary planning, it is recommended that cuts and fills be no
steeper than 2:1 (horizontal to vertical) and no deeper than 10 feet. A geoteehnical
engineer should evaluate the proposed grading before construction is started.
H -P GEOTECH
4
REGIONAL EVAPORITE DEFORMATIONS
The project site is in a area where regional ground deformations have been
associated with evaporite solution and flow. It is uncertain if this is still an active
geologic process or if deformation has stopped. If ground deformations are still
occurring their rates are low and deformation usually takes place over broad areas.
Because of this, the risk of problems to residential buildings is low. We are not aware
of problems associated with possible regional evaporite deformations in the region.
SINKHOLES
Sinkholes were not observed in the field during our site reconnaissance.
Sinkhole are also not shown at the project site on the regional geology map (Kirkham
and Widmann, 1997). The thick basalt flows over the evaporite reduces the risk of
sinkhole development at the surface. In our opinion, the potential for sinkhole problems
in the proposed building areas is low.
EXCAVATION DIFFICULTIES
Dense, hard basalt should be present at relatively shallow depths on the plateau
to the north of the cap rock rim. Difficult excavation should be expected in this area,
particularly in confined excavations such as trenches. Ripping and blasting may be
needed in some parts of excavations that encounter dense, hard basalt.
EARTHQUAKE CONSIDERATIONS
The project area could experience moderately strong earthquake related ground Shang.
Modified Mercalli Intensity VI ground shaking should be expected during a reasonable
service life for the development, but the probability for stronger ground shaking is low.
Intensity VI ground shaking is felt by most people and causes general alarm, but results
in negligible damage to structures of good design and construction. Oectpied s'Mi uetur es
,s,iuld be designed to withstand moderately strong ground shaking with little oil no
d g fi r h t to collapse under stronger groundgaking. The region is in the
Uniform Building Code, Seismic Risk Zone 1. Based on our current understanding of
the earthquake hazard in this part of Colorado, we see no reason to increase the
commonly accepted seismic risk zone for the area.
H -P GEOTECH
5
LIMITATIONS
This study was conducted according to generally accepted engineering geology
principles and practices in this area, at this time. We make no warranty either
expressed or implied. The conclusions and recommendations submitted in this report
are based on our field observations, aerial photograph interpretations and our experience
in the area. This report has been prepared for the exclusive use by our client for
evaluating the feasibility of subdivision of the property into three lots for single family
residences. We are not responsible for technical interpretations by others of our
information. Development specific geologic and geotechnical engineering studies
should be performed for the planned development.
Respectfully submitted,
HEPWORTH - PAWLAK GEOTECHNICAL, INC.
Ralph G. Mock
Engineering Geologist
Reviewed by:
Daniel
RGM/ro
ding P
cc: Dave Powell
H -P GEOTECH
6
REFERENCES
Kirkham, R.M. and Widmann, B.L., 1997, Geology Map of the Carbondale
Quadrangle, Garfield County, Colorado: Colorado Geological Survey Open File
97-3.
H -P GEOTECH
Fig. 1
100 692
HEPWORTH-PAWLAK
GEOTECHNICAL, Inc.
Stirling Subdivision Exemption - Geology Map
September 8, 2000
Becky Stirling
704 Skipper Drive
Carbondale, Colorado 81623
Hepworth-Pawlak Geotechnical, Inc.
5020 County Road 154
Glenwood Springs, Colorado 81601
Phone: 970-915-7988
Fax: 970-945-815.1
hpgeo@hpgeotech.com
Job No. l00 692
Subject: Preliminary Percolation Testing, Proposed 3 Lot Subdivision, Glassier
Property, South of Sun Mesa PUD, Garfield County, Colorado
Dear Ms. Stirling:
As requested by you, Hepworth - Pawlak Geotechnical, Inc., performed preliminary
percolation testing at the subject site. The work was done in accordance with our
agreement for Professional Services to you, dated August 25, 2000.
A Profile Pit and three percolation test holes were excavated on September 5, 2000 at
the locations shown on Fig. 1. The subsoils exposed in the Profile Pit consisted of
about 1 foot of topsoil overlying sandy clay to 10 feet. Basalt cobbles and boulders in a
silty sandy matrix were encountered from 10 to 10' feet. No free water was observed
in the pit and the soils were slightly moist to moist. Percolation test holes were hand
dug in the bottom of shallow backhoe pits and soaked with water on September 5, 2000.
Percolation testing was conducted on September 6, 2000, by a representative of
Hepworth- Pawlak Geotechnical, Inc. One percolation test was conducted on each lot.
The percolation test results are summarized on Table I. Base e subsurface
conditions encountered and the percolation test results, the tested area appears to he
suitable for conventional infiltration septic disposal systems.
If you have any questions or need further assistance, please call our office.
Sincerely,
HEPWORTH - PAWLAK GEOTECHNICAL, INC.
Louis E. Eller
Rev. By:
Daniel E. Hardin, P.L.
LEE/ksw
attachments
cc: Dave Powell
APPROXIMATE SCALE
1"= 150'
PARCEL C
PARCEL A
\
/ \
\ 1 i \
r ► 1 \
P 3 1
7110
\ N. A \ 1
\ \ 1
1- 1 to
1 \ 7100
\ 1 1
7060 \ 1 1
\ 1 1
I \ \ 1
1 \ \
1 \ \ \ 1
1 1 \ \ 1
1 I 1 \ EXISTING
I 1P 2 SUN MESA
I 1 Q \ SUBDIVISION
/ ■ \
1 PROFILE \
PIT \
7060 _.....,
I
_ 1
APPROXIMATE
EDGE OF DROPOFF
\ 7090
1 \
1
1 \
\\
1 \
\ \
\ 1
\\ '-1
7080
7070
100 692
HEPWORTH - PAWLAK
GEOTECHNICAL, INC.
LOCATION OF PERCOLATION TEST HOLES
Fig. 1
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HEPWORTH--PAWLAK GEOTECHNICAL, INC.
TABLE I
PERCOLATION TEST RESULTS
JOB NO. 100 692
HOLE NO.
HOLE DEPTH
(INCHES)
LENGTH OF
INTERVAL
(MIN)
WATER DEPTH
AT START OF
INTERVAL
(INCHES)
WATER DEPTH
AT END OF
INTERVAL
(INCHES)
DROP IN
WATER
LEVEL
(INCHES)
AVERAGE
PERCOLATION
RATE
(MIN./INCH)
P-1
45
15
8
6 1
1 1
45
6 '/
6
'/2
6
5 /
1/2
5 '/2
5
'/2
5
4 '1
'!2
4 'h
4 1/4
'/4
P-2
44
15
7 '/2
6 3/4
3/4
30
6 3/4
6
3/4
6
5 1/2
1/;
5 1/2
4 3/4
34
4 3/4
4 1/4
1/2
4 'A
3 3
'
P-3
48
15
7
6 '/4
3/4
60
6 1/4
5 3/4
1/2
5 3/4
5 Y4
'/2
5 1/4
4 3/4
'/2
4 /
4 1/2
'/4
4 1/2
4 1/4
/4
Note: Percolation test P-1 and P-3 were conducted in basalt cobbles and boulders in a silty sand
matrix. Percolation test P-2 was conducted in sandy clay soil. The last two readings
were used to determine the average percolation rate.
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appendix D
cess o public right-of-way
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IFLR.YER SECT/ON 29
RNER SECTION 90
OO COUNTY SOR{'EYOR
CAP 'IrNESS CORNER
'ARS 502'59'99'' 0609'
1
COR 221/1 NEI/5I
TION 9O RR COR.
99
EENC5LINE CE2CR152
ROOK 5765 PROF SO4
LOl 2/
6 118 ACRE'S
CENTERLINE 20'
EOUESTR/AN ESNI'
OPEN SPACE
LOTS 6; 7 6', 9 AND 10
25 599 ACRES
LOT >0
10261 ,ACRES"
NULTI—f4NILY
'Ar2R
ETARRC2 5
PUNPNOUS2
EASEMENT .,
UTTLII7
:VENT
LOT 8
3.198
ACRES
L07' 6
3.151 ACRE'S
CL. 15'
RLC2S8
.5222
LOT 7
5 687
ACRES
- 500'
N' COR 52//4 N'1/4
SECTION 29
17E TO NA' C0/4 LOT 29
S 99 2/'99' '
77259'
S' COR N'/24 N21/4
SECT/ON 29
NORTH 7/4 CORNER
SECTION 29
CENTERLINE 20'
. 2OOESTi4L4N
EASSALENT
LOT .24'
32259 ACRE'S t/-
CENTERLINE 29
UTILITY EENT
CENTERLINE 20'
UTILITY 45554`T 'z—
CENTERLINE 20
UTILITY EMIT
LOT 22
LOTS 6,7,8,9 AND /0
2.9 825 ACRES
LOT .23
/83/0 ACRES s
S N
VHSA
LOT 8
10 4/9 ACRES'
CENTERLINE 20'
IRR/CAT/ON OITCN
2ASENENT
ZOT /7
6 5/ ACRES t/—
LOT /6'
3 88 ACRES t/ =
OPEN Si94CE
LOTS /1,1516' AND 17
38 393 ACRES o/—
v
NUL / FAN/L.2)
/L07' 18
4 888 ACRES t/-
L/ULTI FAN/LY
LOT 20
/0345. ACRES t
OPEN SPACE
LOTS 1,9 AND 20
`,19.169 ACRES t/—
,V LuckuR 'ELL
♦4 r
OPEN SPA G L'
LOTS 19 AND 20
N7.364
7364 ACRES t/—
N
CENTERLINE 10'
/ 400E58 ESNS
LOT >5
,7.954 .ACRES 7c„/—
CENTERLINE
/
CENTERLINE
900528
LOT it
11.243 ACRES //—
SS CORNER
WON 90
1
•
S
•
1
LOT >4
4.12
ACRES, t/
NE 00.
SECT5
SEC i
N' CG
SECT/
LT /3
5917
ACRES
LT >2
10 369 ACRES t/—
ENTRY
MESS
OIL
LOTS
2,911,
SE' COR NEI/4 5'1/4
SECTION 29
YY 0000 W'
S' !OR N27/4 4
SECT/ON 29
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Appendix E
Names and address of adjoining
property owners
CALOIA & HOUPT, P.C.
ATTORNEYS AT LAW
SHERRY A. CALOIA
JEFFERSON V. HOUPT
BARBARA P. KOZELKA.
MARK E. HAMILTON
1204 GRAND AVENUE
GLENWOOD SPRINGS, COLORADO 81601
(970) 945-6067 - VOICE
(970) 945-6292 - FACSIMILE
Please direct correspondence to this address
TO:
FROM:
DATE:
RE:
PARK AVENUE PROFESSIONAL BLDG.
121 NORTH PARK AVE., SUITE B
MONTROSE, COLORADO 81402
(970) 252-0180 - VOICE/FACSIMILE
Sender's email: scaloia@sopris.net
MEMORANDUM
Property Owners Adjacent to South Ranch Subdivision and Within 200 Feet
Sherry A. Caloia
September 7, 2000
South Ranch Subdivision
I researched the records of the Garfield County Assessor's Office to determine all
property owners adjacent to the South Ranch Subdivision and within 200 feet. The following
property owners appear in the records:
1. Estate of John M. Stirling, 704 Skipper Lane, Carbondale, CO 81623, Personal
Representative, Becky Stirling
2. Portia A. Carlson, Eric B. Carlson, Bailey B. Sterett and Leif Carlson, et al.,
25675 Route CR 33 A, Steamboat Springs, CO 80487.
3. Steven B. and Jessie E. Messenger, 2785 Teller Street, Lakewood, CO 80215
4. Mumbert Cerise Family Co., 17072 Highway 82, Carbondale, CO 81623
1 Have also researched the mineral rights owners of the property. According to the
records of the Garfield County Clerk &. Recorder, Mumbert Cerise and Maureen Laurine
Cerise are the recorded holders of the mineral rights under• this property. Their address:
17072 Highway 82, Carbondale, CO 81623.
STIRLING -Lan owners Memo -1
Appendix F
Roa1 Plans
Commitment
Land Title Guarantee Company
Date: September 08, 2000
REBECCA R. STIRLING
704 SKIPPER LANE
CARBONDALE, CO 81623
Enclosed please find the title insurance policy for your property
located at
Please review this policy in its entirety. In the event that you find any discrepancy, or if you have any questions
regarding your final title policy, you may contact Title Department
Phone: 970-945-2610 Fax: 970-945-4784
Please refer to our Order No. GW230217
Should you decide to sell the property described in this policy, or if you are required to purchase a new title
commitment for mortgage purposes, you may be entitled to a credit toward future title insurance premiums.
Land Title Guarantee Company will retain a copy of this policy so we will be able to provide future products
and services to you quickly and efficiently.
Thank you for giving us the opportunity to serve you.
Sincerely,
Land Title Guarantee Company
Form AO/ORT
Our Order No. GW230217
Property Address:
1. Policy Date:
2. Name of Insured:
LTG Policy No. LTHH230217
Schedule A Amount $180,000.00
December 09, 1998 at 5:00 P.M.
REBECCA R. STIRLING, PERSONAL REPRESENTATIVE OF THE ESTATE OF JOHN M. STIRLING,
DECEASED
3. The estate or interest in the land described or referred to in this Schedule and which is covered by this policy is:
A Fee Simple
4. Title to the estate or interest covered by this policy at the date hereof is vested in:
REBECCA R. STIRLING, PERSONAL REPRESENTATIVE OF THE ESTATE OF JOHN M. STIRLING,
DECEASED
5. The land referred to in this policy is described as follows:
TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN
SECTION 29: N1/2SE1/4SWI/4, E1/2N1/2SW1/4SW1/4
COUNTY OF GARFIELD
STATE OF COLORADO
This Policy valid only if Schedule B is attached.
Land Title Guarantee Company
Representing Old Republic National Title Insurance Company
Form AO/ORT
Our Order No. GW230217
Schedule B
LTG Policy N. LTHH230217
This policy does not insure against loss or damage by reason of the following:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and
inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material theretofore or hereafter furnished, imposed by law and
not shown by the public records.
5. TAXES FOR 1998 AND SUBSEQUENT YEARS ONLY, NOT YET DUE AND PAYABLE.
6. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY,
FIRE PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY
WATER SERVICE OR STREET IMPROVEMENT AREA.
7. WATER RIGHTS OR CLAIMS TO WATER RIGHTS.
RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED OCTOBER 19,
1965, IN BOOK 370 AT PAGE 380.
9. EXCEPTING AND RESERVING, ALSO, TO THE UNITED STATES ALL THE OIL, GAS AND
POTASH IN THE LAND SO PATENTED, AND TO IT OR PERSONS AUTHORIZED BY IT,
THE RIGHT TO PROSPECT FOR, MINE, AND REMOVE SUCH DEPOSITS FROM THE SAME
UPON COMPLIANCE WITH THE CONDITIONS AND SUBJECT TO THE PROVISIONS AND
LIMITATIONS OF THE ACT OF JULY 17, 1914 (38 STAT. 509),
EXCEPTING AND RESERVING, ALSO, TO THE UNITED STATES ALL THE SODIUM IN THE
LAND SO PATENTED, AND TO IT OR PERSONS AUTHORIZED BY IT, THE RIGHT TO
PROSPECT FOR, MINE, AND REMOVE SUCH DEPOSITS FROM THE SAME UPON
COMPLIANCE WITH THE CONDITIONS AND SUBJECT TO THE PROVISIONS AND
LIMITATIONS OF THE ACT OF JULY 17, 1914 (38 STAT. 509), AS AMENDED BY THE
ACT OF MARCH 4, 1933 (47 STAT. 1570) AS CONTAINED IN PATENT RECORDED JUNE
22, 1965 IN BOOK 367 AT PAGE 147.
LACK OF ACCESS TO AND FROM PUBLIC ROAD, HIGHWAY, OR STREET.
NOTE: ABOVE EXCEPTION WILL BE REMOVED UPON ISSUANCE OF FINAL POLICY.
1 i iuiii 11111 uiiii mii wit' iiui Ill um iui It
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536923 12/09/1998 04.33P 81103 P214 M ALSDORF
1 of 2 R 11.00 D 18.00 GARFIELD COUNTY CO
GENERAL WARRANTY DEED baa F{c "
THIS DEED, made this 77-k- day of December, 1998, between_Temple L. Glassier, of the
County ofEagle and State of Colorado ("Grantor"), and Rebecca R Stirling, Personal Representative
of the Estate of John M. Stirling, Deceased, whose legal address is 704 Skipper Lane, Carbondale,
of the County of Garfield and State of Colorado("Grantee").
WITNESSETH:
That the Grantor for and in consideration of the sum of TEN AND NO/100 DOLLARS
($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, hereby sells and conveys to the Grantee, his heirs and assigns forever, the following
real property in the County of Garfield and State of Colorado:
Section 29: N1/2SE1/4SW1/4, E1/2N1/2SW1/4SW1/4
TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE
SIXTH PRINCIPAL MERIDIAN
TOGETHER with all its appurtenances and warrants title to the same SUBJECT TO AND
EXCEPTING all real property taxes for 1998, due and payable in 1999 and those exceptions of
record as contained on Exhibit "A" attached hereto and incorporated herein by this reference.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above.
STATE OF COLORADO
COUNTY OF Al'
) ss.
TT 1
The foregoing was subscribed and sworn to before me this 74` day of be,r.,te5 199E, by
(tnietc I-.6/aSSiCr_
glassier
Witness my hand and official seal.
My commission expires:
My Commission FxAkes cem5/2001
Notary Public
Return to: Rebecca R. Stirling
704 Skipper Lane
Carbondale, CO 81623
I 1 111111 11111 111111 11111 11111 111111 11111 111 11111 1111 1111
336923 12/09/1998 04:33P 81103 P215 h ALSDORF
2 of 2 R 11.00 D 18.00 GARFIELD COUNTY CO
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EXHIBIT A
TO
GENERAL WARRANTY DEED
Right of way for ditches or canals constructed by the authority of the
United States as reserved in United States Patent recorded October 1911
, 1965, in Book 370
at Page 380.
2. Excepting and reserving, also, to the United States all the oil, gas and
potash in the land so patented, and to it or persons authorized b1
y it, the right to prospect
for, mine, and remove such deposits from the same upon compliance with the conditions
and subject to the provisions and limitations of the act ofJuly 17, 1914 (38 STAT. 509),
excepting and reserving, also, to the United States all the sodium in the land so patented,
and to it or persons authorized by it, the ri1
ght to prospect for, mine, and remove such
deposits from the same upon compliance with the conditions and subject to the provisions
and limitations of the Act ofJuly 17, 1914 (38 STAT. 509), as amended by the Act of
March 4, 1933 (47 STAT. 1570) as contained in patent recorded June 22, 1965 in Book
367 at Page 147.
Fenn 1860-9
(March 19135)
(formed 4-1013i
Recorded at 1:45 P,M. June 22, 1965
Reception No, 230422 Chas,S.Keegan,Recorder
Colorado 0122482
fie Uniteb ibtater of America
U,,nll to inborn these presettl5 stall tante, greeting:
Book 367
Palle 147
WHEREAS, a Certificate of :he Land Office at Denver, Colorado, is now
deposited in the Bureau of Land Management, wliereby it appears that full pay-
ment has been made by Mumbert Cerise and Laurine Cerise according to the
provisions of C11aptcr ._ Titin 32 cf the Revised Statutes of the United States
and legislation supplemental thereto, rot the foilowing described land:
Sixth Principal Meridian, Colorado.
T. S., R. 97 W,
Eec.„ 29 SVVSE, SISW,
ee c. 33, Lot 14, S NW NE
The area described contains 102.65 acres , according to the Official Plat
of the Survey of the said Land, on rile in the Bureau or. Land Management:
NOW KNOW YE, That the UNITED STATES OF AMERICA, in consideration
of the premises, and in conformity with the several Acts of i.nnrlress in such
case made and provided, HAS GIVEN AND GRAI,iTED, and by these presents
DOES GIVE AND GRANT unto the said Humbert Cerise and Laurine Cerise and
to their heirs the tract above described; TO HAVE AND TO HOLD the r;n_,,
together with all the rights ,,privileges Lntr ullat.irls , and appurtenances, of
whatsoever nature, thereunto belonging , ;.nto Inc s rid Mulnbert. Cerise and
Laurine Cerise and to their heirs and assigns lore or; subject to ony
tod
and accrued water rights for mining, agricultural , nnanufacturine, or other
Patent Number
Form 1860-10
(March 1965)
((..merit 4-1044)
Book 367 Page 11.8
Colorado 0122482
purposes, and rights to ditches and reservoirs used in connection with such
water rights, as may be recognized and acknowledged by the local customs,
laws , and decisions of courts; and there is reserved from the lands hereby
granted, a right-of-way thereon for ditches or canals constructed by the
authority of the United States.
Excepting and reserving, also, to the United States all the oil, gas
and potash in the land so patented, and to it or persons authorized by it,
the right to prospect for, mine, and remove such deposits from the same
upon compliance with the conditions and subject to the provisions and
limitations of the Act of July 17, 1914 (38 Stat. 509).
Excepting and reserving, also, to the United States all the sodium
in the land so patented, and to it or persons authorized by it, the right !b
prospect for, mine, and remove such deposits from the same upon -Mm-
pliance with the conditions and subject to the provisions and limitations
of the Act of July 17, 1914 (38 Stat. 509), as amended by the Act of
March 4, 1933 (47 Stat. 1570).
IN TESTTMONX WHEREOF, the undersigned authorized officer of the
l�laot"",s:r=,rj Bureau of Land Management, in accordance with the provisions
of the Act of lune 17, 1948 (62 Stat. 476), has, in the name of the
^? ��--i...-'.-:-':,-7 '�j'+r United Skates, caused these letters to be made Patent, and the
''l,J r� mg ori ' Seal of the Bureau to be hereunto affixed.
IjJ 11
tl .. 5 GivEN under my hand, in Denver, Colorado,
*,,,.;�. ti .:-.• the FIFTEENTH day of TUNE the year
A-; i " �c7, - .'.' of aur Lord one thousand nine hundred and S E
.:].and of the Independence of the United States the one hundred
I..lAlrl `,Qin t,and EIGHTY I�TH.
) 0 .) _k
Patent Number •
By
Manager, Colorado Land Office
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Appendix H
.oiorado Division of Wiidlife
mapping
\WILDLIFE .AN.\.LYSIS FOR SO11TFI RANCH
The following information is compiled from the WRIS (Wildlife Resource Information
Systems) Reports from the Colorado Division of Wildlife. The WRIS mapping shows
that the wildlife that could be affected by the South Ranch Development includes Mule
Deer, Elk, Canadian Geese, and the Bald and Golden Eagle. Also following is a list ofrhe
Stirling Family's goals and intentions in terms of the wildlife habitat associated with the
South Ranch Property, and some assumptions that I have made as a concerned resident of
the property.
The Stirling family \\ill do everything in its power to mitigate tate influences of the
PAID. on the habitat of the affected wildlife. The neighboring subdivision, Sun Mesa,
also created by our family has reduced density and approximately 709 o of it is open
space. We intend to disturb the natural habitat as little as possible and we intend to
preserve as much ofthe natural landscape as possible in the development. Al! change in
vegetation, building, excavating and landscaping must comply with county standards aad
must be okayed by the CC&R's that will apply to South Ranch as well as it's neighboring
subdivision, Sun Mesa.
1, and anyone 1 know to be familiar with the property, have never seen any Canada Geese
use the property for habitat in any way.
Though Eagles can be in the vicinity, ro►sting and nesting sites
not appear evident on the property m question. I, and anyone I
the property, do not know of any eagle sitings on the property.
evidence of Eagle habitat found on the property, it will be pies
as defined by WRIS do
know to be familiar wit}t
If there is ever any,
erved.
Deer and Elk are often seen on the property. We hope to continue seeing them there. The
subdivision will greatly control and minimize the use of fencing on the development so
that the Elk and Deer can migrate as they naturally should. Again, natural landscaping
will be preserved to the greatest degree possible so that the natural habitat for Deer and
L.Ik ~rill not be harried.
Hunting on the property will not be allowed unless required by the Division of !Wildlife
for purposes such as population control, which I would not expect.
Following is a list of Seasonal Activity Area Definitions and Activity Area Maps form
WRIS.
Rdbeeea Siirlina
Personal Representative for the Estate of John NE. Stirling
President of Stirling -Sun Mesa Inc., developer of Sun Mesa and South Ranch
1
MULE DEER ACTIVITY AREAS
BASALT DISTriICT
j00
ILDLIFE; SEPTEMBER 1999
1
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Scale = 1:260,000
LEGEND
L] Winter Hang*
❑ Sevare Winter Range
UWlntar Concentration Areas
B Summar Bongs
• Resident Population Area
L] Migration Corridor
limited Use Area
El highway Crossing
NOTE: The entire reap Is Ovaro
— Migration Fatten]
— Institut Boundary
WILDLIFE RESOURCE INFORMATION SYSTEM (WRIS)
MULE DEER
SEASONAL ACTIVITY AREA DEFINITIONS
Overall Range: The area which encompasses all known seasonal activity areas within
the observed range of a mule deer population.
Summer Range: 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 may overlap.
Concentration Area: That part of the overall range where higher quality habitat supports
significantly higher densities than surrounding areas. These areas are
typically occupied year round and are not necessarily associated with a
specific season. Includes rough break country, riparian areas, small
drainages, and large areas of irrigated cropland.
Winter Range: That part of the overall range where 90 percent of the individuals are
located during the average five winters out of ten from the first heavy
snowfall to spring green -up, or during a site specific period of winter as
defined for each DAU.
Winter Concentration Area: 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.
Severe Winter Range:
Resident Population Area:
Limited Use Area:
That part of the overall range where 90% of the individuals are located
when the annual snowpack is at its maximum and/or temperatures are at
a minimum in the two worst winters out of ten.
An area that provides year-round range for a population of mule deer.
The resident mule deer use all of the area all year; it cannot be
subdivided into seasonal ranges although it may be included within the
overall range of the larger population.
An area within the overall range of mule deer that is only occasionally
inhabited and/or contains only a small population of scattered mule deer.
Migration Pattern: A subjective indication of the general direction of the movements of
migratory ungulate herds
Migration Corridor: A specific mappable site through which large numbers of animals
migrate and loss of which would change migration routes.
Highway Crossing: Those areas where mule deer movements traditionally cross roads or
railroads, presentu ig potential conflicts between mule deer and
Disclaimer:
Version: 050197
motorists/trains. (More than six highway mortalities per mile of highw-,
or railroad per year is a guide that may be used to indicate highway
crossings.)
This wildlife distribution rnap is a product and property of the Colorado
Division of Wildlife. Care should be taken in interpreting these data.
The information portrayed on these maps should not replace field
studies necessary for more localized planning efforts. Written
documents may accompany this map and should be referenced. The
data was gathered at a scale of 1:50000; discrepancies may become t
apparent at larger scales. The areas portrayed here are graphic
representations of phenomena that are difficult to reduce to two
dimensions. Animal distributions are fluid; animal populations and their
habitats are dynamic. The accuracy and/or interpretation of these data
may be subject to error and shall not be guaranteed. In addition, the
State shall not be liable for any cost, loss, or damage resulting from
furnishing inaccurate data. These data cannot be sold, transferred, or
otherwise exchanged without first obtaining the express written
permission of the Colorado Division of Wildlife.
WILDLIFE RESOURCE INFORMATION SYSTEM (WRIS)
ELK
SEASONAL ACTIVITY AREA DEFINITIONS
Overall Range: The area which encompasses all known seasonal activity areas within
the observed range of an elk population.
Winter Range: That part of the overall range of a species where 90 percent of the
individuals are located during the average five winters out of ten from the
first heavy snowfall to spring green -up, or during a site specific period of
winter as defined for each DAU.
Winter Concentration Area: That part of the winter range of a species 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.
Severe Winter Range: That part of the range of a species where 90 percent of the individuals
are located when the annual snowpack is at its maximum and/or
. temperatures are at a minimum in the two worst winters out of ten. The
winter of 1983-84 is a good example of a severe winter.
Highway Crossing._ Those areas where elk movements traditionally cross roads or railroads,
presenting potential conflicts between elk and motorists/trains. (More
than six highway mortalities per mile of highway or railroad per year is a
guide that may be used to indicate highway crossings.)
Migration Corridor: A specific mappable site through which large numbers of animals
migrate and loss of which would change migration routes.
Migration Pattern: A subjective indication of the general direction of the movements of
migratory ungulate herds.
Production Area:
Resident Population Area:
Summer Range:
That part of the overall range of elk occupied by the females from May
15 to June 15 for calving. (Only known areas are mapped and this does
not include all production areas for the DAU).
An area used year-round by a population of elk. Individuals could be
found in any part of the area at any time of the year; the area cannot be
subdivided into seasonal ranges. It is most likely included within the
overall range of the larger population.
That part of the range of a species where 90% of the individuals are
located between spring green -up and the first heavy snowfall, or during
a site specific period of summer as defined for each DAU. Summer
range is not necessarily exclusive of winter range; in some areas winter
range and summer range may overlap.
Summer Concentration Area:
Those areas where elk concentrate from mid-June through mid-August.:._
High quality forage, security, and lack of disturbance are characteristics
of these areas to meet the high energy demands of lactation, calf
rearing, antler growth, and general preparation for the rigors of fall and
winter.
Limited Use Area: An area within the overall range which is occasionally inhabited by elk
and/or contains a small scattered population of elk.
Disclaimer:
This wildlife distribution map is a product and property of the Colorado
Division of Wildlife. Care should be taken in interpreting these data.
The information portrayed on these maps should not replace field
studies necessary for more localized planning efforts. Written
documents may accompany this map and should be referenced. The
data was gathered at a scale of 1:50000; discrepancies may become
apparent at larger scales. The areas portrayed here are graphic
representations of phenomena that are difficult to reduce to two
dimensions. Animal distributions are fluid; animal populations and their
habitats are dynamic. The accuracy and/or interpretation of these data
may be subject to error and shall not be guaranteed. In addition, the
State shall not be liable for any cost, loss, or damage resulting from
furnishing inaccurate data. These data cannot be sold, transferred, or
otherwise exchanged without first obtaining the express written
permission of the Colorado Division of Wildlife.
1
ELK ACTIVITY AREAS
BASALT DISTRICT
IORADO
i ION OF WILDLIFE; SEPTEMBER 1989
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Scald = 1:170,000
LEGEND
O
WILDLIFE RESOURCE INFORMATION SYSTEM (WPIS)
CANADA GEESE
SEASONAL ACTIVITY AREA DEFINITIONS
Winter Areas:
Transitional Wintering Area:
Winter Concentration Area:
Feeding Area:
Production Area:
Habitat used by Canada geese from November 1 to time of early spring
migrations occurring in mid to late February. Includes winter
loafing/resting and feeding areas.
Areas used by some Canada geese prior to departure to wintering
areas, generally from November 1 to January 1. These areas ice over in
late December and January forcing geese to move to traditional ice free
wintering areas.
That portion of a wintering area where geese rest; generally an
extensive area of open water such as a large reservoir, that is relatively
free from human disturbance.
Portion of the wintering area where geese move to feed, such as
agricultural fields or reservoir shorelines.
A unit of water or part of a drainage used by nesting and brooding
Canada geese. Includes feeding and loafing areas such as pastures
adjacent to rivers or marshes.
Brood Concentration Area: Brood areas, within Production Areas, where geese traditionally
congregate in high numbers.
Molting Site:
Disclaimer:
Version: 050197
Areas of water used primarily by non -breeding birds, that cannot
positively be assigned as originating from specific nesting areas, during
molt.
This wildlife distribution map is a product and property of the Colorado
Division of Wildlife. Care should be taken in interpreting these data.
The information portrayed on these maps should not replace field
studies necessary for more localized planning efforts. Written
documents may accompany this map and should be referenced. The
data was gathered at a scale of 1:50000; discrepancies may become
apparent at larger scales. The areas portrayed here are graphic
representations of phenomena that are difficult to reduce to two
dimensions. Animal distributions are fluid; animal populations and their
habitats are dynamic. The accuracy and/or interpretation of these data
may be subject to error and shall not be guaranteed. In addition, the
State shall not be liable for any cost, loss, or damage resulting from
furnishing inaccurate data. These data cannot be sold, transferred, or
otherwise exchanged without first obtaining the express written
permission of the Colorado Division of Wildlife.
' CANADA GOOSE ACTIVITY AREAS
BASALT DISTRICT
COLORADO
ION OF WILDLIFE; SEPTEMBER 1999
Scala = 1:250,000
LEGEND
❑ Mutating Arae
O Molting site
LI Fending Afros
0 Production Alas
o Brood Concontratlon Area
— District Boundary
WILDLIFE RESOURCE INFORMATION SYSTEM (WRIS)
BALD EAGLE
SEASONAL ACTIVITY AREA DEFINITIONS
Active Nest Site:
Inactive Nest Site:
Nest of Unknown Status:
Roost Site:
A specific location in which a pair of bald eagles have at least attempted
to nest within the last five years. Any nest location that can be directly
tied to courtship, breeding, or brooding behavior is considered active. A
buffer zone extends .5 miles around a known active nest.
A former active nest location in which neither courtship, breeding, or
brooding activity has been observed at any time during the last 5 years.
A buffer zone of .5 mile extends around an inactive nest.
A nest that is inactive for at least 10 years and has not been checked.
Groups of or individual trees that provide diurnal and/or nocturnal
perches for less than 15 wintering bald eagles; includes a buffer zone
extending 1/4 mile around these sites. These trees are usually the
tallest available trees in the wintering area and are primarily located in
riparian habitats.
Communal Roost: Groups of or individual trees used by more than 15 eagles for diurnal
and/or nocturnal perches.
Winter Range: Those areas where bald eagles have been observed between
November 15 and April 1.
Winter Concentration Area:
Summer Foraging Range:
Winter Foraging Ranqe:
Disclaimer
Areas (tree,islands, etc) within an existing winter range where eagles
concentrate between November 15 and April 1. These areas may be
associated with roost sites.
Foraging areas frequented by breeding bald eagles from November 15
to July 30. These areas are almost always associated with nesting
pairs.
Foraging areas frequented by wintering bald eagles between November
15 and March 15.. May be a large area radiating from preferred roosting
sites. In western Colorado preferred roosting sites are within dominant
riparian zones.
This wildlife distribution map is a product and property of the Colorado
Division of Wildlife. Care should be taken in interpreting these data.
The information portrayed on these maps should not replace field
studies necessary for more localized planning efforts. Written
documents may accompany this map and should be referenced. The
data was gathered at a scale of 1:50000; discrepancies may become
apparent at larger scales. The areas portrayed here are graphic
representations of phenomena that are difficult to reduce to two
dimensions. Animal distributions are fluid; animal populations and their
habitats are dynamic. The accuracy and/or interpretation of these data
may be subject to error and shall not be guaranteed. In addition, the
State shall not be liable for any cost, loss, or damage resulting from
furnishing inaccurate data. These data cannot be sold, transferred, or
otherwise exchanged without first obtaining the express written
permission of the Colorado Division of Wildlife.
MANAGEMENT
RECOMMENDATIONS:
Active Nest Site:
Nests are usually located in dominant trees associated with riparian
habitats. These trees usually have moderate to low crown cover and are
fairly open to allow various approaches to the nest and good visibility.
This 1/2 mile closure is more extensive than the Northern States Bald
Eagle Recovery Plan due to habitat used by Colorado's nesting bald
eagles. Aside from two Colorado sites in coniferous forests, all others
are in cottonwood riparian zones that lack the high vegetational density
and nest obscurity offered by habitats in the lake states. No human
encroachment should occur from November 15 through July 31 within
the .5 mile radius. Year round closure to surface occupancy*, beyond
that which historically occurred in the area, should be in effect within 1/4
mile radius of the nest.
*Surface occupancy means non -human habitation, examples would
be oil and gas wells, roads, tracks, etc.
Roost Site:
Open canopy trees are used for diurnal and warm night perches (when
dawn and/or dusk temperatures exceed 20 degrees F.) and closed
canopy or protected trees are used primarily for cold weather roosts
(when dawn and/or dusk temperatures are below 10 to 20 degrees F.).
Activity should be eliminated within 1/4 miles radius of winter roosts
between November 15 and March 15. If periodic visits are required
within the buffer zone after development, activity should be restricted to
the hours of 1000 and 1400 from November 15 to March 15. Limited
restrictions may be necessary out to 1/2 mile if there is a direct line of
vision from the roost to the activities.
Communal Roost:
Buffer Zone and activity restrictions the same as for Roost Site
Winter Concentration Area:
Human disturbance should be avoided from November 15 and April 1.
Version: 050197
WILDLIFE RESOURCE INFORMATION SYSTEM (WRIS)
GOLDEN EAGLE
SEASONAL ACTIVITY AREA DEFINITIONS
Nest Site:
Nest of Unknown Status:
Disclaimer:
Management
Recommendations:
Version: 052397
The location and a buffer zone extending % mile around a known active
or inactive nest. Inactive nest sites are nest sites that have been
documented in the past 10 years to have been used in nesting attempts
and as a minimum, eggs have been deposited in these nests.
A nest whose activity level has not been checked in the last
10 years.
This wildlife distribution map is a product and property of the Colorado
Division of Wildlife. Care should be taken in interpreting these data.
The information portrayed on these maps should not replace field
studies necessary for more localized planning efforts. Written
documents may accompany this map and should be referenced. The
data was gathered at a scale of 1:50000; discrepancies may become
apparent at larger scales. The areas portrayed here are graphic
representations of phenomena that are difficult to reduce to two
dimensions, Animal distributions are fluid; animal populations and their
habitats are dynamic. The accuracy and/or interpretation of these data
may be subject to error and shall not be guaranteed. In addition, the
State shall not be liable for any cost, loss, or damage resulting from
furnishing inaccurate data. These data cannot be sold, transferred, or
otherwise exchanged without first obtaining the express written
permission of the Colorado Division of Wildlife.
No surface occupancy* beyond that which historically occurred in the
area should occur within 1/4 mile radius of the nest site and associated
alternate nests. Seasonal restrictions to human encroachment should
be established within 1/2 mile of the nest and any alternate nests from
February 1 to July 15.
'Surface occupancy means non -human habitation, examples would
be oil and gas wells, roads, tracks, etc.
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BB
EAGLE ACTIVITY AREAS
BASALT DISTRICT
Scale = 1:260,000
I1 COLORADO
ISION OF WILDLIFE; SEPTEMBER 1999
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LEGEND
• Bald Eegla Winter Benge
Bald Eagle Acdva Neat Slit
O Bald Eagle Roost Site
❑ Golden Eagle Active Nest Site
[11 Golden Eagle Nast of Unknown
— District Boundary
Appendix I
Drainage Plan
Appendix J
Covenants
COVENANTS RE WATER RIGHTS, WELLS,
ROADS, AND OTHER APPURTENANCES
THIS DECLARATION is made this
Estate of John M. Stirling (hereinafter "Declarant");
WITNESSETH:
day of 2000, by the
WHEREAS, Declarant is the owner of certain property (hereinafter "Parcel A") located
in Garfield County, Colorado, described on the attached Exhibit A; and
WHEREAS, Declarant has obtained subdivision approval for the property from Garfield
County and the property has been subdivided into 3 lots called the South Park Subdivision;
WHEREAS, one water well (hereinafter "Well") has been decreed in Case No.
99CW036 and permitted for construction pursuant to Colorado Division of Water Resources
Well Permit No. # ("the Well") which provides for up to 14 g.p.m. and is to be for
use for one residence on each of Lots 25, 26 and 27, for 3,000 square feet of irrigation per lot
and horses; and
WHEREAS, the owners of lots 25, 26 and 27 will each have a right to use an undivided
1/3 of the water from the Well; and
WHEREAS, an augmentation plan has been obtained for augmentation use for all of the
wells for Sun Mesa PUD and South Ranch Subdivision and pond to be maintained by the Sun
Mesa PUD HOA; and
WHEREAS, the owners of Lots 25, 26 and 27 will each own a non-exclusive easement
for water and power conveyance from the Well to the boundary of their parcel; and
WHEREAS, each parcel owner shall have an easement for driveways that are necessary
to access and provide utilities to their lots and the Well; and
WHEREAS, the Declarant by this Covenant desires to set forth their understanding
concerning the future ownership, maintenance, operation, repair, replacement, and use of the
driveways, wells and appurtenant facilities, and related matters; and
WHEREAS, Declarant must provide ingress and egress from a public road for the
benefit of the all lots within the subdivision, and the Declarant shall install a road over and
across the easement to provide direct access to State Highway 82, shall also provide access for
all lots to said roadway; and
WHEREAS, with respect to private and public utilities for all Lots, it is the Declarant's
further intent hereby to grant and establish easements as necessary across Lots 25, 26 and 27
for the underground installation of utilities for the benefit of all Lots within the Subdivision.
STIRLING -South Ranch -Covenants re Water Rights
Covenant re Water Rights
September 8, 2000
Page 2 of 5
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, the adequacy and sufficiency of which are hereby acknowledged, the Declarant
specifies as follows:
1. Home Owners Association. The owners of all Lots within the Subdivision are 47—
required to be a member and participate as a part of the Sun Mesa PUD Hrs
Association, The Home Owners Association may prepare and adopt by-laws and Rules and 1
Regulations as it believes necessary to implement, enforce and carry out these covenants and
perform other duties and obligations as it may deem appropriate and necessary. The
Declaration of Covenants for Sun Mesa PUD shall apply to these three lots.
2. Ownership of Well and Appurtenant Facilities. Lot owners of Lots 25, 26 and 27
shall have an undivided one-third use of the Well, pump, meter, pipelines and associated
facilities for the withdrawal of water from the Well. The HOA shall own the Well and facilities,
the water rights and augmentation plan. Each party shall be the sole owner of any facilities used
solely by that party, including individual service lines and storage tanks.
3. Operation, Maintenance and Repair Costs. All operation, maintenance,
replacement and repair costs associated with any well, the pump, meter and associated facilities
for the withdrawal of water from the Well shall be shared by and between the owners of that
well and facilities in proportion to their ownership. All owners shall be solely responsible for
the costs of maintenance, operation, repair, and replacement of any facilities used solely by that
party, including individual service lines and storage tanks. Said owners agree to cooperate to
enter into mutual agreements for the completion and payment of the costs of any maintenance,
operation, repair, replacement, or improvement of common facilities. In the event the owners
are unable to agree upon any required maintenance, repair, replacement, or improvement, either
party shall be entitled to undertake the maintenance, repair, replacement or improvement
necessary and essential for proper functioning of the common facilities. In the event one owner
determines to undertake such work, it shall notify the other owner in writing. The owner
undertaking the work shall upon completion provide the other owners with a written statement of
the work performed and the other owners' proportionate share of the costs. Nowell owners shall
be assessed electricity charges for a well such owner does not yet use. All other maintenance
and repair costs shall be paid by all owners regardless of use.
4. Initial Expenses to Install Pump, Meter and Common Pipelines. The Well has
been drilled by Declarant. However Declarant may not install a pump, meter or other common
facilities necessary for the use and operation of the well. In the event that one owner wishes to
install a pump, meter and other workings into the well they co-own with another lot owner such
installation shall be accomplished at the sole cost of that owner. When the owner of the second
lot wishes to hook onto the Well such second owner shall be required to reimburse the first lot
STIRLING -South Ranch -Covenants re Water Rights
Covenant re Water Rights
September 8, 2000
Page 3 of 5
owner for 1/3 of all costs of improvements made to the well that will be used by the second lot
owner. The second and third lot owner shall not be allowed to connect onto the well until its
portion of the costs are paid. The first lot owner shall supply receipts for all labor and materials
performed to the second and third lot owner at the time of installation. Before installing a pump
and other workings the first lot owner shall be required to provide notice to the second and third
lot owner but no further consultation is necessary.
5. Payment of Common Expenses. Each owner shall pay its proportionate share of
common expenses within 30 days from the time a statement of expenses is presented for
payment. In the event an owner fails to pay its share within 60 days of presentment, interest on
the unpaid amount shall accrue at 10 percent per annum, beginning 60 days from presentment. In
the event a party fails to pay any amounts due with interest thereon, within six months from the
date of presentment for payment, the owner which has paid such costs and expenses shall be
entitled to pursue any remedy available at law or in equity for a breach of this Agreement, and
shall be entitled to reasonable attorneys' fees actually incurred to obtain and execute upon a
judgment for collection.
6. Use of Water. The owner of lots 25, 26 and 27 shall be entitled to use water
from the Well for one residential unit, 3,000 square feet of irrigation each and up to two horses.
Ail such uses shall be made in accordance with the terms and conditions of the well permit, the
water augmentation plans for Sun Mesa PUD and this Subdivision and the Sun Mesa PUD
Covenants recorded at Book , Page of the records of the Garfield County Clerk and
Recorder. Each owner shall be entitled to use so much of the water from the Well as that party
needs so long as diversions from the Well at no time exceed 14 gallons per minute. However, in
the event that the Well does not provide 14 g.p.m., each owner shall be entitled to a pro -rata
share of the available water.
7. Waste. No owner shall waste water, and each owner shall exercise prudence and
conservation in the use of water in order to allow for the efficient and beneficial use of the Well.
8. Installation of Facilities. The owners of Lots 25, 26, and 27 together shall be
responsible to install a pump power source, meter, pipelines and other facilities in and to the
Well to serve their lots. In the absence of an agreement any such owner may install such
facilities at his sole expense and shall be entitled to reimbursement of one-third of such
expenses in the event that another owner wishes to avail himself of said installations. The
expense of any modifications or damage to existing facilities that may be caused by connecting
thereto shall be borne by the party who causes said modifications or damage.
STIRLING -South Ranch -Covenants re Water Rights
Covenant re Water Rights
September 8, 2000
Page 4 of 5
10. Augmentation Plan. Certain costs for maintaining an augmentation plan with
the Basalt Water Conservancy District Contract to provide augmentation water for the well
will be incurred as will annual administration and maintenance costs. Each lot owner shall pay
his pro rata share of costs of said augmentation plan and maintenance and administration and
shall abide by the terms and conditions of said plans. The Basalt Water Conservancy District
contract shall be owned by the Home Owners Association. All owners shall be required to
pay their pro rata share regardless of water use.
12. Road Improvement Maintenance and Expenses. All owners shall be subject to
an obligation to maintain, repair and service the access road as it is shown on the plat and the
easement documents and pay expenses therefor, for that portion of the access road used in
common by such lots (or any two or more of them). Common expenses for the maintenance,
service and repair of the access road (including regrading, snowplowing and resurfacing, as
necessary) shall be paid in the same manner as other common expenses (Par. 3). If any portion
of a roadway extension is commonly used by some but not all of the Lots then the owner(s) of
such Lot(s) shall also share the cost of construction, maintenance, repair and service. No
property owner shall be responsible to pay for construction, maintenance, service or repair
costs for any portion of the access road or extension thereto not used by such owner. The
Home Owners Association shall be responsible to designate the maintenance and repair to be
accomplished. All owners shall be assessed for costs of such maintenance and repair
regardless of whether they have built on their property.
13. Utility Easements. The Declarant hereby grants a perpetual and nonexclusive
easement across all Lots and the common area for the benefit of all Lot owners for the purpose
of installation, use, maintenance and repair of utility lines and for the Well and pipelines, both
public and/or private. All utilities shall be installed underground. Where possible, all utilities
shall be installed within the access road easement (or agreed-upon extensions thereof). If
installation of a utility line in the access road easement is not possible or reasonably
practicable, and in those instances where a utility easement is not described on another
recorded document, the owner installing the utility line shall confer with the affected servient
lot owner and mutually agree upon a location for installation that does not interfere with
existing or proposed improvements and that will cause the least amount of disturbance to
existing vegetation, especially mature trees and shrubs, and other major landscaping features.
After installation, all disturbed surface areas shall be reclaimed by revegetation of the area. No
structural improvements, trees or shrubs shall be constructed or planted in an established
easement area so as to interfere with the repair and replacement of utility lines. All utility
easements shall be twenty (20) feet in width unless otherwise designated by amendment or
supplement hereto. The location of utility easements, once established, may be professionally
surveyed by the newly -connecting user and the legal description shall be recorded with the
Clerk and Recorder of Garfield County with a cross-reference to this Agreement. All owners
shall be entitled to hook onto existing utility lines installed by other owners but such new users
STIRLING -South Ranch -Covenants re Water Rights
Covenant re Water Rights
September 8, 2000
Page 5 of 5
shall reimburse the installing owner for a pro rata share of installation costs.
14. Fees. In the event enforcement and ultimately litigation is necessary to enforce
the rights of the parties hereto, by themselves or by the Home Owners Association, the
substantially prevailing party in such litigation shall be entitled to reasonable attorneys' fees
and costs of suit actually incurred.
15. Binding Effect; Covenant to Run with Land. This Agreement shall inure to the
benefit of and be binding upon the owners of Lots 25, 26 and 27 and their heirs, devisees,
executors, administrators, assignees, transferees, and successors in interest. Upon execution by
the parties, this Agreement shall be recorded in the records of the Garfield County Clerk and
Recorder's Office, and shall run with the lands described above.
16. Complete Agreement. This document embodies the entire and complete agreement
of Declarant on the subject matter herein.
17. Amendment. This Agreement may be amended from time to time by a written
instrument executed by any two of the three lot owners.
IN WITNESS WHEREOF the parties have executed this Agreement on the day and year
first written above.
ESTATE OF JOHN M. STIRLING
By:
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
Rebecca R. Stirling, Personal Representative
Acknowledged, subscribed, and sworn to before me this day of , 2000,
by Rebecca R. Stirling as Personal Representative
WITNESS my hand and official seal.
My Commission expires:
Notary Public
STIRLING -South Ranch -Covenants re Water Rights
Appendix K
Sk ch and Preliminary Plan Map
STATE OFCOLORADO
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
http://water.state.co.us/default.htm
October 27, 2000
Jeff Laurien
Garfield County Building and Planning
109 8th St Ste 303
Glenwood Springs CO 81601
Re: South Ranch Subdivision Sketch Plan
Sec. 29, T7S, R87W, 6TH PM
VV. Division 5, W. Districi 38
Bit Owens
Governor
Greg E. Walcher
Executive Director
Hal D. Simpson, P.E.
State Engineer
Dear Mr.Laurien:
We have reviewed the above referenced proposal to subdivide a parcel of approximately
30 acres into three single family residential lots. Each lot will be provided with water for one single
family residence, irrigation of up to 3000 square feet of lawn at each residence, and watering of an
unspecified number of horses. The applicant proposes to provide water through a central supply
well pursuant to an augmentation plan decreed in Case No. 84CW741, and modified in Case Nos.
87CW244 and 99CW036. These decrees provide augmentation water for the Stirling Subdivision,
which is described as being located in Sections 29 and 30 of Township 7 South, Range 89 West
of the 6th P.M. The central supply well is identified as Stirling Well C, which was issued Permit
No. 53721-F on May 11, 2000. Sewage disposal is proposed to be provided through a individual
septic tank/leachfield systems.
Case No. 99CW036 amends Case Nos. 84CW741, 85CW139 and 87CW244, to provide
augmentation for the following uses in the Stirling Subdivision: 32 units with 3,000 square feet of
lawn and garden irrigation per unit, 6 units with 5,000 square feet of lawn and garden irrigation per
unit, one acre of greenhouse uses, a total of 96 animals, and a health spa with a maximum of 11
rooms (see Case No. 87CW244 for a complete description of the health spa). Alternatively, 5
additional units with no irrigation and one unit with 3,000 square feet of lawn and garden irrigation
may be exchanged for the health spa. A combination of the two alternatives, based on the
assumptions in the decree, is also permissible.
In a Memorandum dated September 8, 2000, Sherry Caloia indicates the well proposed to
be used for this development produced 12 gallons per minute. Further review of the Well
Construction and Test Report indicates that the well was tested for only two hours and that the
final pumping level at the end of the test was the bottom of the well. Thus, this test is inconclusive
as to the sustainable well yield.
Based on the above, and pursuant to Section 30-28-136(1)(h)(I), it is our opinion that
the proposed water supply can be provided without causing material injury to decreed water
rights so long as the plan for augmentation is operated according to its decreed terms and
conditions, but due to the inconclusive nature of the well test we cannot comment on the
physical adequacy of the water supply. We suggest that the number of livestock units allocated
to this proposal be specified in the covenants to assure that the total number of livestock units
for this and other developments located in the "Stirling Subdivision" does that exceed that
allowed under the decrees, and that a more conclusive well test be performed and submitted for
our review. If you or the applicant has any questions concerning this matter, please contact
Craig Lis of this office for assistance.
Garfield County Building and Planning October 27, 2000
South Ranch Subdivision Sketch Plan
Sincerely,
Kenneth W. Knox
tist-L Assistant State Engineer
KWK/CML/South Ranch.doc
cc: Alan Marteliaro, Acting Division Engineer
Joe Bergquist, Water Commissioner, District 38
QCT -27-2000 21:22 FROM:
BURLSTONE, INC.
306 S. LOOKOUT MOUNTAIN RD.
GOLDEN, COLORADO 80401
wwwburlstone. om
303-526-7720
303-526-5875 Fax
MEMORANDUM
TO:9703845004 P.002/004
To: Janice Loucks, Garfield County Engineer
CC: Judy Foy, Project File
From: Becky Davidson, P.E.
Date: October 27, 2000
Re: South Ranch Subdivision, Sketch Plan Review
Burlstone has reviewed the Sketch Plan for the proposed South Ranch Subdivision,
with the following comments:
General Issues
1. The report should include a comprehensive map incorporating roads, slopes,
easements, vegetation and wetlands, drainage, culverts, potential well and
septic locations, etc. There is very little correlation among the maps and the
report, and it is difficult to determine how each element affects the others.
2. Section 4:60, H, page 3 states that because a section will not be subdivided
no final work sheet is included for review by the County Surveyor. 15 this
standard practice?
Transportation
1. Plat Note # 8 on the Sketch and Preliminary Plat Map states that roads will
meet "primitive residential" standards. According to 1TE Trip Generation, 6th
Edition standards, the number of trips generated by the three houses will fall
in the 21-100 trips category, requiring the roads to meet the "rural primitive"
standards in Section 9:35 of the Subdivision Regulations, including:
1
OCT -27-2000 21:22 FROM:
TO:9703845004 F.003/004
October 27, 2000
• The plan and profile maps (R1 and R2) show two curves with 50 foot
radii. The minimum radius for a rural primitive road is 80 feet.
• The plan and profile maps, and the report, state that the roadway right-
of-way (ROW) will be 30 feet. The minimum ROW for a rural primitive
road is 50 feet.
• Lane width is to be a minimum of 11 feet; 12 feet is preferred.
• Roadway surfaces should be gravel, with cross slopes of 2 percent
chip/seal and 3 percent gravel.
2. There is no discussion of existing or projected external traffic versus capacity
on the identified access roads, including Skipper Lane, Schooner Lane, and
County Roads (CR) 102, 162, and 102A,
3. It appears that the Fire Road (Map R3) is also the secondary access road
required by the County. Slopes and horizontal curves as shown on the Fire
Road would be difficult for fire and other emergency access vehicles. The
plan also states that each owner shall meet with Carbondale to assure that
emergency access standards are met. Buristone recommends that the
developers meet with Carbondale and other emergency services providers
and obtain written agreements prior to plan approval. These agreements
should be incorporated in the covenants or appropriate documents, under the
control of the Homeowners Association.
4. The access roads need to be designed with vertical curves, and shown on the
maps.
Water
1. The plan should clarify exactly which Sun Mesa well(s) will be used to serve
these three residences. The letter addressing water supply is unclear about
whether Well "C," the 12 gpm well, is the actual well for the three South
Ranch sites, or is mentioned only as an example. (Timberline Engineering,
Appendix B)
2. The plan should be consistent regarding the number of wells. Page 1 of the
Geological Site Assessment and other places in the plan state that the homes
will have individual on-site wells and septic systems.
3. The plan should also be clear about the number of proposed water holding
tanks and the capacity of each. The same letter refers to one (preliminarily
2
DCT -27-2000 21:22 FROM:
TO:9703845004 P.004/004
October 27, 2000
sized) 5,000 gallon holding tank to serve all three sites. Other areas in the
plan refer to three separate 3,000 gallon tanks, one for each residence,
4. Buristone agrees with Covenant 2, Ownership of Well and Appurtenant
Facilities, which gives the Homeowners Association ownership of the well,
common facilities, water rights and augmentation plan.
5. The plan should include calculations for fire flows, and agreements with
emergency service providers should be signed prior to approval of this plan.
6. The water quality tests and pump tests should be completed and furnished
prior to approval.
7. The plan needs to have calculations showing what pressure(s) will be created
at the residences from the 4 -inch gravity -fed PVC pipe.
8. The plan should show the location of the water easement(s), and state who
owns the water line easements, and the adjacent property.
Sewer
1. Section 4:92, E, page 4 states that the proposed management plan for the
individual systems will be pumping the septic tanks every two years. The
plan needs to specify who will pay for pumping the tanks, and what actions
will be taken if more frequent pumping for each or all tanks becomes
necessa ry.
2. Septic system permits should be obtained prior to approval of this plan.
Drainage
1. The plan states in several places, including the Geological report, that no
major drainages cross the property. There needs to be more inforrnation
about historic drainage patterns, and how they might be altered by this
development. This property contains steep slopes which may or may not be
altered by these home sites.
2. Off-site drainage locations which affect or might be affected by this property
should be identified in the plan and on a map. The same map should include
wetlands, slopes, wildlife migration patterns, and other site characteristics.
3. On Sheet D-1, the culverts need to have a minimum diameter of 18 inches.
3
ocig %0
FIRE • EMS • RESCUE
October 20, 2000
Jeff Laurien
Garfield County Planner
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
fi DECEIVED OCT .2 2.
417
RE: South Ranch Subdivision, Sketch Plan
Dear Jeff:
I have reviewed the sketch plan for the proposed South Ranch Subdivision. I would offer the
following comments:
Access
The proposed access for the three new lots is an extension of "Schooner Lane" with a new cul-
de-sac having a 50 -foot radius. The drawings indicate that an emergency access is proposed,
connecting the proposed new cul-de-sac to "Skipper Drive". Considering the high wildfire
potential for the area, a looped road that connects "Schooner Lane" to "Skipper Drive" would be
preferred over the proposed new cul-de-sac and emergency access arrangement.
Water Supply
I am not entirely clear about the proposed water supply for the subdivision. The letter from
Timberline Engineering indicates that a 5,000 gallon tank is proposed to serve the three lots
however the "sketch and preliminary plan" drawing indicates in the plat notes that water tanks
will be installed at each lot with a minimum of 3,000 gallons each. A larger single tank
arrangement serving the three lots would be preferable over three smaller tanks. Again,
considering the wildfire potential and the lack of any other water supplies in the vicinity, the
storage tank should have a minimum capacity of 10,000 gallons. There appears to be insufficient
elevation of the water tank to adequately supply a fire hydrant connected to the proposed 4 -inch
line. An arrangement that would allow a fire engine to connect with "suction" hose to the tank
would have to be provided in this case.
Wildfire Hazards
Much of the development consists of slopes of grass, sage, pinion and juniper, which present a
high wildfire hazard. Defensible spaces and/or fire resistant building construction features
should be implemented in these areas. Building envelope locations and defensible spaces should
follow the recommendations of the Colorado State Forest Service.
Carbondale & Rural Fire Protection District
300 Meadowood Drive • Carbondale, CO 81623 • 970/963-2491 Fax 963-0569
South Ranch Subdivision, Sketch Pian, Page 2
Impact Fees
The development is subject to impact fees adopted by the District for the three proposed
residential lots. The developer will be required to enter into an agreement with the District for
the payment of development impact fees. This payment is due prior to the recording of the fmal
plat. Fees are based upon the per lot impact fee adopted by the District at the time the agreement
is executed.
Please contact me if you have any questions.
Sinc el
Bill Gavette
Deputy Chief