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HomeMy WebLinkAbout1.0 Application1 410 410 TABLE OF CONTENTS 1 SECTION TITLE ' I Preface II Objectives III Owner and Subdivider t IV Proposed Covenants V Physical Characteristics A. Geology and Soils ' B. Vegetation C. Wildlife D. Drainage VI Utilities A. Water B. Septic VII Dedications and Area Road Plan 1 MAP TITLE I Fig. 1 Regional Context Map Fig. 2 Vicinity Plan Fig. 3 Subdivision Plan U Fig. 4 Fig. 5 Drainage Plan Geologic Units Fig. 6 Geologic Hazards Fig. 7 Vegetation Plan II Fig. 8 Street and Road Profile EXHIBIT TITLE 1 Exhibit A Title Policy Exhibit B Drainage Report I Exhibit C Soils and Engineering Geology Evaluation Exhibit D Augmentation Plan Exhibit E Petition to Carbondale Rural Fire District Exhibit F Proposed Restrictive and Protective Covenants IAPPENDICES TITLE I Appendix 1 Appendix 2 Soils Conservation Service, Soil Information Zone District Regulation - Agricultural/ Residential/Rural Density (A/R/RD) IIIAppendix 3 Electrical Service Commitment, Holy Cross •LIMINARY PLAN APPLICATIOA10 COTTONWOOD HOLLOW SUBDIVISION 1. PREFACE This Preliminary Plan Application for the Cottonwood Hollow Subdivision is submitted for review by the Board of County Com- missioners of Garfield County. The material contained herein satisfie, the requirements of Section 4.02, Preliminary Plan Requirements, of the Subdivision Regulations of Garfield County, Colorgdo of 1978. The development area subject to this application, Cottonwood Hollow Subdivision, comprises 72.427± acres, located on C.R. 113 in the Cattle Creek area of Garfield County, CO (Figures 1 and 2). Zoning of the property is Agricultural/Residential/Rural Density (A/R/RD). Since single family dwellings are allowed by right, no change in zoning is required. The property is owned by Gailen B. Smith and Pamela D. Smith, subject to the exceptions, right of ways, restrictions, and easements of record or in use (Exhibit A) Cottonwood Hollow Subdivision consists of thirteen (13) lots, creating eleven (11) new dwelling sites. The existing two (2) dwellings are located on lots of 3.1 acres each, while new build- ing envelopes are situated on lots ranging in size from 5.35 acres to 7.0 acres. sion is 5.32 acres. The average lot size for the entire subdivi- Building envelopes (Figure 3) define a 2,825 square foot circle in which a single family dwelling may be con- structed within each lot. The location of building envelopes were carefully selected throughout the property to mitigate the impact of building development and to preserve the land's natural characteristics. II. OBJECTIVES It is the objective of the applicant to establish the following design criteria at the Cottonwood Hollow Subdivision: A. To provide reasonably priced housing, manifested on the existing natural context of Cattle Creek. B. To retain the openness consistent with that area of Cattle Creek. Preliminary Plan •lication Cottonwood Hollow Subdivision Page two C. To take the fullest advantage of each building en- velope and its unique and distinctive character re- quiring a site specific architectural solution. D. To enable the integration of homeowner and horse within a given and natural context. III. OWNER A. Owner 1. Gailen B. Smith and Pamela D. Smith 5062 C.R. 113 Carbondale, CO 81623 2. Disclosure of ownership, see Exhibit 'A' B. Preparers 1. Sundesigns Architects and Planners 901 Blake Avenue Glenwood Springs, CO 81601 C. Adjacent Land Owners 1. See Vicinity Map - Figure 2 IV. PROPOSED COVENANTS It is the intent of the subdivider to restrict the development of property, but still insure the overall continuity and aesthetic attributes for the subdivision. Protective covenants for Cotton- wood Hollow Subdivision are directed at accomplishing two purposes; 1. to establish guidelines directed at the overall protection and preservation of the aesthetic qualities of the existing property and 2. to establish a Homeowner's Association to oversee the operation and maintenance of cul-de-sacs (see Exhibit F). V. PHYSICAL CHARACTERISTICS A. GEOLOGY AND SOILS. A site specific investigation has been performed by Lincoln DeVore Testing Laboratory Inc. (see Exhibit B, 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Preliminary Plan A ication Cottonwood Hollow Subdivision Page three Fig. 5 and Fig. 6). The geology and soil report addresses the overall site conditions and depicts the areas of potential natural hazards: Rockfall, Unstable Slopes, Potential Unstable Slopes and Floodways. The proposed subdivision avoids locating building en- velopes on Unstable Slopes and Floodways. Building sites located on potentially unstable slopes will require a detailed site specific investigation at time of development. No building envelopes are presently located on soil or geologic conditions posing an unmiti- gatable hazard. B. VEGETATION. The property has three general zones of vegetation: the north facing slope, the Cattle Creek Valley and the south facing slope (Fig. 7). The area on the north facing slope located on the hillside south of Cattle Creek is fairly dense with pinion and juniper trees. This area has several meadows dispersed throughout. The Cattle Creek Valley bottom is characterized by several groupings of large cottonwood trees and irrigated grazing land. On the south facing slope, sagebrush is the predominant vegetation with some widely scattered pinion and juniper trees. C. WILDLIFE. The proposed Cottonwood Hollow lies in the deer and elk critical winter range. A representative of the Forest Service has made an on-site visit and has made the following recom- mendations: 1. Fences should be max. 42" high with solid wood top. 2. Dogs are not allowed to run loose. They should be fenced, chained or housed. 3. Grazing should be limited to the growing season. 4. Grazing should be restricted to the pasture areas able to support grazing. The above mentioned guidelines are included in the Protective Covenants. Preliminary Plan ilication Cottonwood Hollow Subdivision Page four D. DRAINAGE. A drainage study was performed by Mountain En- gineering and Land Surveying Co. (Exhibit C, Fig. 4). The report defined the location of the 100 year flood plain and addresses sur- face runoff by sizing culvert at necessary road and driveway loca- tions. Building envelopes located on the Preliminary Plan are located outside the 100 year flood plain and away from any poten- tially dangerous runoff areas. VI. UTILITIES A. WATER. Each lot will have an individual well. The exact location of the well depends on access to water, at such time the ownership of said water will be transferred to the lot owner. The wells will follow all necessary state and county regulations at time of system design and application. (For the source, proof of quantity, quality and evidence of ownership, see Exhibit D.) B. SEPTIC SYSTEM. Each lot will also utilize an individual septic system. Due to prohibitive soils and the proximity to Cattle Creek, engineered septic systems may be required. The system will follow all necessary state and county regulations at time of system design and application. The maintenance and upkeep of these systems will require inspection and pumping at least every four years. (See Protective Covenants, Exhibit F.) VII. DEDICATIONS AND AREA ROAD PLAN In accordance with Section 4.02.01-K,5, the applicant would prefer cash in lieu of land dedicated to the school district. The applicant is also prepared to participate in an area road improve- ment plan for County Road 113. 1 • • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 EXIIIBIT A 1 r.cn Lana Tule Association Commitment - Mori 10'11 ldf t'rC 1K #4. 3�^ .riki •9 itett a6 i..-4 . X l:S '3--', ~T�EtG N ?, t-' 1 COMMITMENT FOR TITLE INSURANCE tI`. ISSUED BY 1 1 1 1 1 :.' t Cha,,man of the Bolsi TE\VAi rT TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy r )olicies of title insurance and all liability and obligations hereunder shall cease and terminate six mo is after the effective date hereof or when the policy or policies committed for shall issue, whicheve first occurs, provided that the failure to issue such policy or policies is not the fa t of the Company, his Commitment shall not be valid or binding until countersigned by an authoriz. sfficer or agent. IN WITNESS WHEREOF, the Company has cause( is Commitment to be signed and sealed, to become valid when countersigned b an authorized off •er or agent of the Company, all in accordance with its By Laws. This Commitment s festive as of the clr e shown in Schedule A as "Effective Date." s' ' I Wit 12'1' '1'I'1' I,l 1 1 1 1 1 RANT). COMP A N1' ;4:r_t rt-- ;W1i.11 No CC 108646 eS (1e(1t 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CS/db, 410 SCHEDULE A Order Number: 8551-C3 1. Effective dere: JUNE 15, 1981 AT 8:00 O'CLOCK A.M. 2. Policy or Policies to be issued: A. ALTA Owner's Policy Proposed Insured: GAYLAND B. SMITH AND PAMELA D. SMITH B. ALTA Loan Policy Proposed Insured: VALLEY BANK AND TRUST COMPANY c. 3. The estate or interest in the land described or referred to in is at the effecnve date hereof rested in• ORA W. MCVEY AND NORMA NORENE MCVEY Commitment Number: $ this commitment and cove, ed herein 4. The land referred to in this commitment is descaibed as hollows: IS tee s mple and title thereto A parcel of land situated in Lots 6, 7, and 8 of Section 12 and in the NE'SSW' of Section 12, all in Township 7 South, Range 88 W. of the 6th P.M., according to the Resurvey of Section 12 of said township and range as accepted by the U.S. Surveyor General's office in Washington D. C. on June 11, 1908. Said parcel also lying southerly of the East-West Centerline of said Section 12, westerly of the North-South Centerline of said Section 12, and easterly of the Westerly Line of said Section 12. Said Parcel being more specifically described as follows: Beginning at the West One -Quarter Corner of said Section 12; thence N. 89°23'15" E. 260.38 feet to the true point of beginning; thence N. 89°23'15" E. 2323.08 feet along the East-West Centerline of said Section 1 thence S. 01°27'21" E. 1592.04 feet along the North-South Centerline of said Section thence N. 77°29'14" W. 1904.45 feet; thence S. 67°47'50" W. 269.93 feet; thence S. 76°59'19" W. 260.96 feet; thence N. 00°00'00" E. 1314. 84 feet to the true point of beginning. COUNTY OF GARFIELD STATE OF COLORADO Authoriied Counters, lnatuw 1652 Page 2 u. :-'1') :'W A 11'1' TITLE GUARANTY COMPANY 40,4/ ,� . `4j .173W 4 ;e ., L".. r' .4-44 44 SCHEDULE E3 — Section 1 Order Number: Commitment Number. 8551-C3 Requirements The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be 'insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: 1 Certificate of satisfaction issued by the Clerk of the Court, of judgement in favor of Bliss Agency --P. R. Lloyd against Ora McVey dba Mountain Drilling Co., in the amount of $216.91 plus costs of $19.86, in Civil Action No. 78C1429, County Court, Mesa County, transcript of which was recorded November 21, 1978 in Book 519 at Page 246 as Reception No. 290212. 2. Deed from Ora W. McVey and Norma Norene McVey to Gayland B. Smith and Pamela D. Smith. The legal address of the grantees must be inserted on the face of • said deed, preferably in the body of said instrument. If the address does not appear, the Clerk and Recorder is required to deny the recording of said document. 3 Deed of Trust from Gayland B. Smith and Pamela D. Smith to the Public Trustee of Garfield County for the use of Valley Bank and Trust Company to secure $75,000.00. Page 3 S'1' I:NVA, 0UA 1/ A 1:TY COMPANY SCHEDULE Et — Section 2 • Exceptions Order Number: 8551-C3 Commitment Number: The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the 1 satisfaction of the Company: 1. ,Rights or claims of parties in possession not shown by the public records. U 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 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires tof record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Any and all unpaid taxes and assessments. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinance) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, ' dimensions, or location of any improvement now or hereafter erected on said land, or prohibiting a separation in ownership or a reduction in the dimensions or area of any lot or parcel of land. 8. The effect of inclusion in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water ' service or street improvement area. 9. Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded July 6, 1911 in Book 71 ' at page 483 as Reception No. 42198 (affecting Lots 6, 7 and 8) and recorded December 30, 1941 in Book 205 at Page 380 as Reception No.145554 (affecting NE4SW14). ' 10. All coal and other minerals in NE'aSW1/4 of Section 12, together with the right to prospect for, mine, and remove the same pursuant to the provisions and limitations of the Act of December 29, 1916 (39 Stat. 862) as excepted and ireserved in the United States Patent recorded December 30, 1941 in Book 205 at page 380 as Reception No. 145554. 11. Easement and right of way for electric power line purposes, as granted to Holy Cross Electric Association, Inc. by Norman E. Sherwood and Mary N. Sherwood, in the instrument recorded July 10, 1972 in Book 433 at page 25, as Reception ' No. 254439, through Lots 6, 7, 8, and 10, and NE1gSW'4 Section 12, Township 7 South, Range 88 West of the 6th P.M., a strip of land 15.0 feet in width to be used as an overhead power line right-of-way and easement being 7.5 ' feet either side of the center line as staked and to be constructed, including pole down guys and anchors outside of the fifteen foot strip of land beginning at the existing transformer pole (near Cattle Creek), thence in a southeasterly ' direction approximately 1485 feet to transformer pole and its down guy and anchor, being in Lots 6, 7, and 8 and portion of the NE'4SW'4 Section 12, Township 7 South, Range 88 West of the 6th P.M. tCONTINUED ON PAGE 4 A Exceptions numbered are her eby om,tted. 1 Page 4 !�+'I' I',\VA 1Z'1' '1' I'1' I, 1654 (:ISA ItANTY Ct)Hr•AN1' 1 CONTINUATON SHEET • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Order Number: SCHEDULE B -Section 2 8551-C3 Commitment Number: 12. A perpgtual non -participating royalty of 1/32 of all oil, gas, and other minerals which is or may be in, upon, or that may be produced from subject property as excepted and reserved by Charles P. Renftle and Ima Renftle in the deed to Norman E. Sherwood, Jr. and Mary N. Sherwood recorded March 25, 1966 in Book 375 at page 50 as Reception No. 234013. 13. Easement for the County Road as shown by the survey of Scarrow and Walker, Inc. dated June 29, 1974. 14. Restrictions as contained in Deed from Norman E. Sherwood, Jr. and Mary N. Sherwood to Ora W. McVey' and Norma Norene McVey dated September 3, 1974 and recorded November 6, 1974 in Book 466 at Page 103 as Reception No. 265290. (Copy attached) 15. Deed of Trust from Ora W. McVey and Norma Norene McVey to the Public Trustee of Garfield County for the use of Norman E. Sherwood, Jr. and Mary N. Sherwood to secure $200,000.00, dated September 3, 1974, recorded November 6, 1974 in Book 466 at Page 105 as Reception No. 265291. Assignment of above Deed of Trust to The Bank of Glenwood, recorded July 20, 1978, in Book 513 at page 64 as Reception No. 287138. Page 4i1 0055 'I' Ii`,'1S ,1 IZ'I' 'I''TEE (,I! A 11A NTY COMPANY • • CONDITIONS AND STIPULATIONS 1 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or 1 other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, 1 encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in I writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Cornpany is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such I knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment 1 accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named Iproposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual Toss incurred in I reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy Ior policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the exclusions from coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby Iincorporated by reference and are made a part of this Commitment except as expressly modified herein. 1.,, 4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title .to the estate or interest or the lien of the insured mortgage covered hereby or any action asserting such claim, shall be restricted to 1 the provisions and Conditions and Stipulations of this Commitment. :�, '1` l''NVA. 1:'1` r1` I '1' L, GUARANTY COMPANY 1 1 Page 5 URA VV. ivic EY ▪ '1v NU1 bLV Ll F xst Party 5062 County Road 113 P.O. Box or Street Address Carbondale, CO 81623 State Zip City * ❑ a ado Corporation O a ership O a Limited Partnership for and in consideration of ten dollars and other valuable considerations, in hand paid, hereby sells and conveys to GAILEN B. SMITH and PAMELA D. SMITH Second Party P.O. Box 161 P.O. Box or Street Address Newhall, CA 91322 City State Zip *❑ individually R1 joint tenancy O tenancy in common O a Colorado Corporation O a Partnership O a Limited Partnership the following described property in the County of Garfield and State of Colorado: A parcel of land situated in Lots 6, 7, and 8 and the NE1/4SW4 of Section 12, Township 7 South, Range 88 West of the 6th P.M., lying southerly of, the East-West center line of said Section 12, westerly of the North-South center line of said Section 12 and easterly of the westerly line of said Section 12, also easterly of a fence as constructed and in place, said parcel of land being described as follows, to -wit: Beginning at the West Quarter Corner of said Section 12; thence N. 89°23'15" E. 2583.46 feet along the East-West center line of said Section 12 to the center of said Section 12, thence S. 01°27'21" E. 1592.04 feet along the North - (See Reverse Iiereof) with ail its appurtenances and warrants title to the same, except and subject to general property taxes for the current year, U.S. patent reservations and exceptions, any and all easements and rights of way of a public or private nature, planning, zoning and other governmental rules and regulations and prior oil, gas and other mineral reservations and exeeotions, if any and except a first deed of trust given Norman E. Sherwood, Jr. and Mary H. Sherwood to secure the First Parties promissory note in the principal sum of $200,000.00 dated September 3, 1974 and recorded as Reception No. 265291 in Book 466 at Page 105 of the Garfield County records, which obligation Lhe Second Partied assume and agree to pay. SIGNED this_ ` ' day ofA.D. 19,$1__ • Ora W. MGVex (., i L2'; -'-',—)+/.�� (;^ y; ,, T �f (, • ^, .7i,( ,/ I /-�,/L, Norma Norene McVe" STATE OF COLORADO ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this and Norma Norene McVey. l cl 81 by Ora W. McVey NOTE: rhy of ,(7) �U AO .. Witness my hand and official seal. My commission expires �J r1 Notary Public,.; , ''- 10918 OJ m 0 SECOND PARTY AT ADDRESS GIVEN Send future tax statements to: m 5. W 0 0 0 0 0 papiooai Amp pue IV 0 0 a 0 3 P !o L0 w 0_ 0 snAlfeyi Ali}.iaa Agway 3 0 0 0 0 0 c 0 'OGVH0-10J JO ILV±S -1 O South center line of said Section 12, thence N. 77°29'14" W. 1904.45 feet, thence S. 67°47'50" W. 269.93 feet, thence S. 76°59'19" W. 490.89 feet to a fence, thence N. 01°13'07" E. 967.38 feet along said fence, thence S. 74°52'53" W. 58.57 feet to a point on the Westerly line of said Section 12, thence N. 00°03'07" W. along the Westerly line of said Section 12, 411.94 feet to the point of beginning. Except, a parcel of land situated in said Lots 6 and 7 described as follows, to -wit: Beginning at the West Quarter Corner of said Section 12, thence N. 89°23'15" E. 260.38 feet on the East-West center line of sad Section 12, thence S. 00°00'00" W. 1314.84 feet, thence S. 76°59'19" W. 229.93 feet to a fence, thence N. 01°11'07" 9G7. 38 feet along said fence, thence S. 74°52'53" W. 58.57 feet to a point on the Westerly Line of said Section 12, thence N. 00°03'07" W. 411.94 feet to the point of beginning, containing 7.00 acres, more or less. All of the above described property contains 72.427 acres, more or less. Together with any and all ditch and water rights belonging to, used upon or in connection with the above described property. There is also excepted in connection with the 7 acres above described well perm numbers 24812-F and 24813-F. • • EXHIBIT B 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 mountain e ' inuring & land furvying co. p.o. box 14 gypsum, colorado 81637 524-9414 945.8358 406 s. hyland square, suite a-1 glenwood springs, colorado 81601 945-2045 DRAINAGE REPORT FOR THE PRELIMINARY PLAN APPLICATION TO THE COTTONWOOD HOLLOW SUBDIVISION GARFIELD COUNTY, COLORADO PREPARED FOR SUNDESIGNS ARCHITECTS PREPARED BY MOUNTAIN ENGINEERING & LAND SURVEYING CO. 406 S. Hyland Sq., Suite A-1 Glenwood Springs, CO. 81601 BY: (303) 945- 2045 David W. Grounes P.E. #11260 DATE: January 12, 1984 1 DRAINAGE REPORT FOR COTTONWOOD HOLLOW SUBDIVISION 1 PURPOSE: The purpose of this report is to insure that al) ' drainage structures and drainage improvements are designed and constructed to adequately handle 100 - year storm flows. A second purpose is to insure that no permanent structures are constructed within UCattle Creek's 100 -year flood plain. t 1 LOCATION: The Cottonwood Hollow Subdivision is located approx- imately 5 miles East of County Road 113 and Highway 82 intersection. The suject property is in Section 12, ' Township 7 South, Range 88 West. TOPOGRAPHY AND EXISITING DRAINAGE: 1 A portion of the property consisits of low -lands along Cattle Creek with a major portion of this relatively flat area in the 100- year flood plain ' The majority of the acreage lies to the South of Cattle Creek and consists of moderately steep side - 1 1 - 1 - 111 hills covered with Oakbrush. ' The major drainage impacting the property is Cattle Creek. The upstream drainage basin consists of 70 1 square miles. A minor drainage enters the property from the South. This drainage basin is one square mile in size. 1 METHODOLOGY: Runoff calculations are based on the Soil Conservation 1 Service Manual "Procedures for Determining Peak Flows in Colorado", March 1977 and the Colorado Divisj-n of 1 Highways Design Manual.. Hydrologic soil group type C was used for all calcu- lations. Soil cover complex (CN) of 59 was used. A 24 hour isop_luvial of 2.8 inches for the 100 -year storm was used. 1 SUMMARY: 1 1 The major concern is the 100 -year flood plain for Cattle Creek and the road crossing Cattle Creek. No 1 permanent structures should be placed in the flood plain. The limits are indicated on the Flood Plain 1 Map. As indicated on the Flood Plain Map, the Cattle Creek drainage structure should have a span of approximately 20 to 30 feet, assuming a depth of 6 feet. There are many acceptable solutions. One such solution is to install two 6 by 10 feet con- crete box culverts. Building envelopes indicated on the Preliminary Plan are located outside of any flood plain or drainages thus eliminating danger of dwellings being flooded. • EXHIBIT C • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Lincoln DeVore P.O. Box 1.427 Glenwood Springs, Colo 81601 (303) 94.5-6020 Mr. Dean Moffat Sundesigns Architects 901 Blake Avenue Glenwood Springs, CO 81601 Re: Dear Mr. Moffat: January 13, 1984 GENERAL & ENGINEERING GEOLOGY COTTONWOOD HOLLOW SUBDIVISION GARFIELD COUNTY, COLORADO Transmitted herewith is a report concerning the general and engineering geology of a proposed subdivision located up Cattle Creek in Garfield County, Colorado. This report has been prepared in accordance with the provisions of Colorado Senate Bill #35 (30-28-133 C.R.S. 1173 as amended) and the Garfield County Subdivision Regulations. Respectfully submitted, LINCOLN-DeVORE TESTING LABORATORY, INC. By: Michael T. Weaver Professional Geologist MTW/dls LDTL Job No. 50538 -GS I:olorado Springs, Colorado Pueblo, Colorado Grand Junction, Coloradc, Glenwood Sprincjs, Colorado Evor,>!a,, INTRODUCTION: Personnel of Lincoln-DeVore have completed a geologic investigation of the proposed Cottonwood Hollow Subdivision, located in the Northeast quarter of the Southwest quarter of Section 12, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado. Information included in this report has been compiled from visual reconnaissance, interpretation of aerial photographs, excavation of four test pits and research and analysis. A geologic map is provided as Figure 1 and an engineering geology map is provided as Figure 2. It is our understanding that thirteen lots of approximately 5 acres each are proposed on the 72 acre Marcel. Two lots already have existing residential ' structures on them Individual wells and septic disposal systems are proposed for the eleven new lots. SITE DESCRIPTION: The site is located along Cattle Creel:, approximately five miles east of. ' it's confluence with the Roaring Fork River. The roughly rectangular parcel ' straddles both sides of the Cattle Creek Valley and previous land use has been mainly farming and ranching. Topographically, the site is characterized by moderately steep slopes descending to an east -west trending valley .incised through an upland mesa. ' Elevations on the site range from approximately 6520 to about 6900 feet. Slopes on the site vary 'considerably with a majority over 30%. Slopes across the building sites range between 10% and 50%. The major drainage feature i:, Cattle Creek, which cuts across the site from east to west. Another fairly .large drainage gully runs into Cattle ' Creek from the south and has been diverted into a small pond near the ' center of the site. All the site drainage is ultimately tributary to the Roaring Fork and Colorado River system. GENERAL GEOLOGY: The proposed Cottonwood Hollow Subdivision lies in a geologic setting -1- GENERAL GEOLOGY, CONT characterized by a sequence of relatively young, basalt lava flows overlying a thick interval of relatively old evaporite rocks. The combination of the resistant basalt cap and the underlying body of soft, easily eroded gypsum has resulted in the development of many interesting structural features, including some areas of landslides, unstable slopes, potentially unstable slopes and rockfalls. In more recent times, the site has been subjected to various surficial processes, primarily involving the weathering, break-up and erosion of the basalt. The primary bedrock formation underlying the site is the Eagle Valley Evaporite (Pev) of Middle Pennsylvanian Age (Deposited about 295 to 280 million years before the present). As the name implies, the Eagle Valley Evaporite consists of quantities of gypsum,anhydrite and halite (rock salt), together with layers of mudstones and similar rocks. The material was deposited at a time in which most of central Colorado --the Eagle Basin --was covered by a shallow sea, with highlands to the northeast and southwest, and in which an arid or semi -arid climate prevailed. With the passage of time, the Eagle Basin deepened as a result of both tectonic forces and local subsi- dence of the crust under the load of accumulating evaporitic sediments. As a consequence, a considerable original thickness of the Eagle Valley Evaporite was deposited. Outcrops of Eagle Valley Evaporite can he readily recognized throughout the lower Roaring Fork Valley by the characteristic gray, yellow - gray and gray -black color of the rocks, and by the contorted, eroded topography. Outcrops within the proposed subdivision are found along the slopes south of Cattle Creek (see Figure 1). With the cutting of the Roaring Fork River. Valley, the Eagle Valley gvaporite was once again exposed at the ground surface. In general, evaporite rocks are subject to plastic flow under load. As long as the Eagle Valley Evaporite was confined under the fairly uniform loading of thick sedimentary rock beds, it was unable to deform and flow appreciably. When the valley cutting unloaded -2- GENERAL GEOLOGY, CON. a part of the Eagle Valley Evaporite, however, the rocks began to squeeze out from beneath the heavy hills and mountains and slowly flow outwards toward the valley. This process was aided by chemical changes in the rocks which caused them to expand in volume. Considerable volcanic activity also took place in the Roaring Fork River Valley at about the same time. Active volcanism had been present in the area since about 24 million years before the present; most of the activity in the immediate area of the proposed subdivision is, however, much younger. About 8 million years before the present, a series of eruptions of basalt and ash rapidly built the shield volcano now known as Basalt Mountain (summit about 9 miles east of the site). This ,activity was followed about one-half million years later by another series of basalt lava flows (Tb), which poured out onto the floor of the valley, and created the upland mesa now known as the Missouri Heights area. These flows rest directly upon the Eagle Valley Evaporite. Since the formation of the basalt, groundwater passing through the volcanic rocks has dissolved the R.-a(tle Valley h:v,aporite .at the scant.act with the basalt. Consequently, the basalt has subsided over the solution areas, and marked disruptions of the surface topography and of the integrity of the basalt flows have occurred. The geologic structure of the area is dominated by regional features re- lated to the uplift and°subsequent deformation of the Southern Rocky Mountains. To the west and southwest are the monoclinal fold of the Grand hogback, which marks the boundary between the mountains and the adjacent Colorado Plateau, and the post-Laramide igneous intrusion of the Mount Sopris laccolith.. To the east and southeast, the mountains are broken by the Red Table Mountain and Castle Creek fault zones, which control the mark the COM -S0 of the Roaring Fork River and flank of Basalt Mountain. The main trace of the Red Table Mountain Fault passes about h miles to the cast of the proposed subdivision. It is probable that the volcanic activity which formed both Basalt Mountain and the -3- GENERAL GEOLOGY, CON. • Missouri Heights plateau was related to the two fault systems, which merge with each other in the Rasalt-t1 Jebel area. No faulting is found in the Missouri Heights district itself. However, this is probably due to the mechanical in- competence of the underlying E,Igle Valley Evapori.te, which tends to flow rather than break under stress. DESCRIPTION OF MAP UNITS: The following descriptions aro based upon visual examination of the geologic units mapped. The location of these units can be found on the geologic map, Figure 1. EAGLE VALLEY EVAPORITE FORMATION (Pev) The majority of the site is underlain by the Pennsylvanian Acle Eagle Valley Evapori.te which, at the surface is composed of massive, coarse to fine grained, white to gray gypsum beds and widely spaced beds of calcareous sandstone and dark gran fissile This unit is soluble, incompetent and prone to rapid weathering. When outcropping on slopes, this unit must be considered unstable and should be avoided. No building envelopes are planned on or near these outcrops. BASALT LAVA FLOWS (Tb) Tertiary Acle Basalt Flows are present on the site only in the extreme southeast corner of the proposed subdivision. The Basalt Flows are dark gray, highly fractured, vesicular., dense and are found in lava flow layers from 5 feet to 200 feet thick. No construction is planned where the basalt outcrops on this site. TALUS DEPOSITS (cyte) Talus deposits can be found all along the north part of the subdivision at the base of the steep slopes with basalt flows outcropping at the top. These deposits are highly variable but mainly consist of gravel, cobble and boulder size material derived From the disintegration of the b;rsalt outcrops, DESCRIPTION OF MAP U CONT. : TALUS DEPOSITS (Ota), CONT. as observed in 'fest Pit i 1. These deposits are susceptible to potential rockfali hazards and are considered potentially unstable. Construction on these slopes should he preceded by detailed site specific studies to determine proper design criteria. Cuts :;hutrld be kept at a minimum and drainage should be carefully controlled. TERRACE GRAVELS (Qt) Stream or river terrace gravels can be found in the south central portion of the site. These deposits characteristically consist of a mixture of sand, silt., gravel and cobbles, with the particles being sub - rounded to well-rounded, as was encountered in Test. Pit #1. LANDSLIDES (Qls) Two landslides were found on the site, one on the eastern edge and one on the western edge of the site. The landslides are approximately several hundred years old and have resulted from the failure of surficial materials and the under lying Eagle Valley hvaprrite Formation, due to saturation from seepage out of the slope. These deposits are considered unstable and should be avoided. No construction is planned on or near these deposits. DEBRIS FAN (Qdf) A small debrid fan was encountered near the center of the site on the south side of Cattle Creek. This fan is a minor depositional feature which does not pose a significant hazard from mudflows or flooding. No construction is planned on or near this tuature. COLLUVIUFI (Qc) Colluvium is unconsolidated material deposited by the actions of sheet - wash, erosion and gravity. Deeper accumulations of colluvium are indicated on the geologic map mostly on the southern portion of the site and are found as wedge-shaped deposits at the base of the slopes and in the bottom of the -5- DESCRIPTION OF MAP UNji10 , CONT.: • COLLUVIUM (Qc), CONT. drainageways. These colluvial deposits con:is;t of a mixture of sand, silt, clay and gravel derived from the weathering of the various other geologic units present on the site. Typically, these deposits are fine-grained in nature. A slightly sandy, fine, silty clay was encountered in Test Pit 02 to a depth of 10 feet. Colluvial deposits will have variable thicknesses on the site, depending on their location and size of their source arca. Colluvium on steeper slopes can be potentially unstable and site specific studies will be necessary prior to construction on these deposits. ALLUVIUM (Qa1) Recent alluvium deposited along Cattle Creek consists of low density, fine grained silts, sands and clays overlying moderately dense, silty, sandy gravels with occasional boulders. These upper soft clays were en- countered to a depth of 8 feet. in Test Pit 44. These deposits are char- acterized by high groundwater levels and seasonal. fluctuations. ENGINEERING GEOLOGY: Geologic: factors which are likely to affect development are dependent upon several factors including: topography, surface and subsurface drainage conditions, engineering properties of the material types and the development which is proposed. The severity of each type of hazard will depend on the nature of the hazard and the nature of the proposed development. The following discussion do )cribes the geologic hazards mapped on Figure 2. SLOPE STABILITY Stability of both natural slopes and cut and fill slopes is a factor to consider. Althuuyh evid„nce of deep seated instabilities of the bed- rock units found on the site in the form of .landslides indicates unstable slopes are present, no construction activities have been planned on or near the affected slopes ,ind ,avoidance is the best mitigation for these areas. ENGINEERING GEOLOGY, T.: SLOPE STABILITY, CONT. The areas of active idnds.liJ.inj have been indicated as unstable or land- slide on Figure 2. Other slopes on the site have been mapped as potentially unstable. These slopes, although in a relatively stable condition at present, could become unstable depending on proximity and inappropriate development, grading and changes in moisture conditions. Presently, most of these slopes are dry and therefore, are riot of a major concern. Depending on proposed development, or uncontrolled addition of water to these slopes, they could become unstable and active landntiding could result. Generally, it is wise to avoid these slopes as sites for insensitive or unrestricted development. However, development may be appropriate if preceded by a thorough site specific investigation, so that stable construction can proceed. ROCKFALL HAZARD Rockfall hazards range from minor to moderate on the site. The main area posessing a rockfall hazard is on the northerly portion of the site at the base of the steep s lope descending from the mesa top. In these areas, blocks of basalt weather out of the lava flow which cap the mesa top. Mitigation of the hazard on this site appears relatively simple in most cases. Mitigation could consist of simply raking off or pulling down loose and perched boulders from above the building sites, or by providing some sort of catchment, armament, or deflection structures where necessary. The best method can be determined in the preliminary design stages once the site and type structure has been precisely located. FLOODING AND SURFACE DRAINAGE: Due to its tremendous capacity for damage, flooding must be considered as a potential hazard affecting the portions of the site adjacent to the major and - 7- FLOODING TND SURFACI 1E, CONT. : minor dr.ainageways. It. is ,ur understanding that a detailed flood plain and drainage study is being completed by a qualified engineer. Generally, the best mitigative measure for a flood hazard is avoidance; however, channelization or the construction of berms or dikes could also be used to mitigate this hazard. ENVIRONMENTAL HAZARDS: A certain degree of seismic risk exists throughout western Colorado. Although the Roaring Fork River valley is not noted for earthquake activity on the same scale as some parts of the United States, a few shocks of significant mag! itude have been felt in this aria within recorded history. Seismic activity seems to be concentrated along elements of the Castle Creek Fault zone in the Aspen area and in the White River Uplift- to the north of Glenwood Springs. Although the Red Table Mountain Fault does not seem to be particularly active at the present time, the potential for movement does exist. it appears that there is a chance that earth tremors of Modified Mercal.li intensity VI or VII (approximately Richter magnitude 5.0) cou]d occ:ur within the dc:;ictn life of the development. Accordingly, it is stronc]ly rO cc)nn:: nded that X111 structures within the proposed subdivision be designed in accordance with the provisions of the Uniform Building Code for seismic risk zone 2. There do not appear to be any deposits of radioactive minerals or other sources of anomalous radioactivity either on or near the proposed subdivision. Furthermore, there do not seem to be any economically extractable mineral deposits either on or near the property. Although sand and gravel forms a component of the surficial soils and enormous quantities of gypsum are found within the Eagle Valley 1;vaporite, neither- of these mineral deposits is of.a quality suitable for extraction or use. SUMMARY: The following summary is a discussion of the hazards associated with each -8- SUMMARY, CONT.: • • lots' building envelope and possible mitigation techniques: Lot No. 1 is located on talus deposits and may be susceptible to instabilities or settlement if proper design techniques are not employed. A Subsurface Soils Exploration to establish foundation design soil parameters and proper drainage measures will be necessary to mitigate this potential hazard. Lot No. 2 is at the toe of the talus deposits and a Subsurface Soils Explora- tion will be necessary to provide foundation design. The criteria building envelope on Lot No. 2 is also in a rockfall hazard area and the presence of several large boulders indicates a moderately severe hazard may exist. A site specific investigation is recommended to determine the severity of the hazard and most effective mitigation. The presence of the county road above the site may be used to advantage in stopping most rocks or at least removing most of the momentum of the larger boulders., Lot No. 3 has been placed in the alluvium along Cattle Creek and indications from the soils exposed in Test. Pit #4 are that shallow foundations may be suitable for foundations on this lot. Additional Subsurface Soils Exploration will be required to establish appropriate design parameters on Lot No. 3. Surface boul- ders indicate rockfall may also affect this site and should be addressed. The flatness of the site, the set back from the toe of the slope and the presence of the county road may already effectively mitigate the rockfall hazard. Lot No. 4 already hhs an existing structure built on it and is not addressed in this report. Lots No. 5 and No. 6 are located on potentially unstable talus deposits. A detailed Subsurface Soils Exploration and a building and foundation proper design should mitigate problems for construction. The building envelope on Lot No. 7 lies in an apparent hazard free zone and con- struction should not encounter any geologic hazards. however, a Subsurfaces Soils Exploration to establish proper foundation design criteria and drainage control is recommended. -9- SUMMARY, CONT.: • • Lot No. 8 has it's building envelope located on top of a long, narrow ridge, which may not have any significant hazards associated with it, provided a proper set back is maintained from the potentially unstable slopes. A site specific investigation is recommended to determine how close to the slopes construction can be safely accomplished. The dense terrace gravels encountered in Test Pit #1 should provide adequate bearing for conventional shallow foundations. Lots No. 9 and No. 10 are both located on colluvial slope wash clays, as indicated in Test Pit ##2. Foundations may need to be designed to overcome the expansive properties of these clays and site specific investigations are recommended to determine proper design criteria for both foundations and other structures such as retaining walls, pavements, etc. Lot No. 11 has an existing structure and will not be addressed in this report. Lots No. 12 and No. 13 pose the more serious construction problems in this subdivision and will require detailed site specific investigations to overcome the potentially unstable slopes and r.ockfall hazard. A hillside terraced type of architectural solution may be appropriate in developing these sites. Possible mitigation recommendations may include, but are not limited to: shallow cuts, terraced box -like construction, heavily reinforced foundations, elimination of uphill doors and windows, deflection berms or walls, special drainage precautions and special septic disposal construction to eliminate introduction of water to the subsurface. We hope this has provided you with the information you require at this time. If questions should arise, please do not hesitate to contact our office at your convenience. -10- 4.ca/�/Y�� ri + ‹..._ _ _ _ . _ _- t. (-� 1, tf ; !1 it \ T-2- S A 13 6-4,cN'R//L S,7r6 L.oGAiroN D,9GR.9/1 Go7ToNh,,L D Ho 2Gow S / (; L6N�✓vi� SPR/A/6-5 LINCOLN DeVORE ENGINEERS• GEOLOGISTS v 71. COLORADO: COLORADO SPRINGS, PUEBLO, GLENWOOD SPRINGS , GRAND JUNCTION , MONTROSE , WYOMING: ROCK SPRINGS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SOILS DESCRIPTIONS: 06-SCR/PION ROCK DESCRIPTIONS' SrMBO'. OCSCR/PT/QN SYMBOLS Q NOTES: SYMAQC DESCRIPTION 9/12 Standard penetration drive Numbers indicate 9 blows to drive the spoon 12" into ground. I ST 2- 1/2" Shelby thin woll somple Wo Natural Moisture Content Wx Weathered tAoterial Free •♦ water Free water tattle SYMBQ< USCS ROGx5 x Topsoil :o::p•pa SEpIMErTAR,' o CONGLOMERATE y� c.': N. Man-made Fill SANDSTONE o:pOo•.o; o.o:ao GW Well graded Grovel_ _•- SILTSTONE 0 o 0 0 o °o °o o o o o 0 GP Poorly -graded Grovel — — — — _ _ _= _--- SHALE ok{ °11 GM Sitty Gravel x x x x x x CLAYSTONE ',96' oa o GC Clayey Gravel ` < c`(v COAL SW Well graded Sand ' LIMESTONE i5' W� Y°Natural dry density T.B.—Disturbed Bulk Sample 0 Soil type related to samples in report Top of formation _ i i I i SP Poorly graded Sond 172_, —7 7 DOLOMITE I I �1 �1 I SM Silty Sand1 L� `�— t MARLSTONE -J--1—.. % i ;��/ i' SC Clayey Sond 711711 LIT/12 GYPSUM 11 ML Low -plasticity Silt - Other Sedimentary Rocks `/I,,rI r r+Equs Ao.x, / CL Low -plasticity Cloy ,i /� �� GRANITIC ROCKS Form. ❑O F --A---+ Standard by driving sampler taolb. des. Samples spoon thin samples. The of the not of subsurface and Test Boring Location Test Pit Location Seismic or Resistivity Station. Lineation indicates approx. length a orientation of spread (S. Seismic , R= Resistivity ) Penetration Drives are mode a standard 1.4" split spoon into the ground by dropping a weight 30'. ASTM test 0-1585. may be bulk, standard split (both disturbed) or 2-1/2"1.0. wall ("undisturbed") Shelby tube See log for type. boring logs show subsurface conditions dotes and locations shown ,and it is warranted that they are representative conditions of other locations times. . IOL Organic DIORITIC ROCKS Low -plasticity #-•+ + 1. Silt and Clay MH High -plasticity Silt MH ://://.•\• w..:',')/ GABBRO /�%� _ Z/1- —/— CH High -plasticity Cloy_- 7-'• OH High -plasticity Orgonlc Clay : n,," " *.�" •' RHYOLITE ANDESITE 1" 1111,1, " Pt Peat _ 1 . I BASALT o!1 4 GW/GM Well graded Gravel, Silty ., oja TUFF & ASH FLOWS - '• ° o °f °" a GW/GC Well -graded Grovel, Clayey t• ,:°'... BRECCIA & Other Volconics • °p°00 O ° GP/GM Poorly- graded Gravel, Silty , .A^ Other Igneous Rocks ,r' , � uETAMORPHIa ROCKS o°o°° Q0 °� o ° a GP/GC Poorly graded Gravel, Clayey f 1� ff GNEISS �.a ° ° °,} , GM/GC Silty Gravel, Clayey '%% ii,,' SCHIST ''" yP cv GC/GM Clayey Grovel,PHYLLITE Silty SW/SM Well - graded Sand, Silty ���,���� , '. SLATE ✓:.:'• •'f SW/SC Well- graded Sand, Clayey jli` METAQUARTZITE i••'I SP/SM Poorly -graded Sand 000 , o- - MARBLE �IlI II Silty "0 „ c „ SP/SC Poorly graded Sand, Clayey '%`r�� HORNFELS 1 I I�f I f SM/SC Silty Sand, Clayey ;,fir - SERPENTINE .r :'; 7� SC/SM Clayey Sand, Silty ;-r i�>.\•Other Melomorphic Rocks 1Th/ ,,/ / CL/ML Silty Clay �'9 LINCOLN DeVORE TESTING COLORADO, Colorado springs, Pueblo, Gleawood Ju Springs, Montrose, k Springs Grand Junction.-WYO.-Rook Springs EXPLANATION OF BOREHOLE LOGS AND LOCATION DIAGRAMS LABORATORr 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TEST HOLE No. IL 5T PST' ELEVATION ,Cor -8 —5 —10 15 G -KA v E G (P/aM.) 5, CLAYEY Ro✓NOdD Tb SUB/9N (iL: �7� (3ovLDgeS re. 2-11--0/A. T,9N r'o Bv/=/ SL, (,-NTLY ro H001Ri9TE1 G6 -r/ en, T -Eo - - !�/l S,L/476 T.D. 20 —25 30 —35 —40 F- a_ w 0 Job No. LD 5o.538 Tk5- T. P/ T- '� 2 ToP..so/ Z. —' / O. g %— © 5— — 2.t -AN C4/9y Ccc) BovLDO25 ON 5,./RF' p/GN 51/Lr9ref — V01f-- rR/9cc °F� — TRAG,E o` _Sow o Y rt 11'4' No 6-R/9115Z- oR — 11/o.0%- L3ovi. DERS OG TH © 10 — T. D. _ _ — 15- - 20- -- 5-- 25- -- _ — _ -- - - 30— — 35- - --- 4 0 - DRILLING LOGS LINCOLN LDeVORE ENGINEERS .GEOLOGISTS COLORADO: COLORADO SPRINGS , GRAND JUNCTION , PUEBLO , GLENW00D SPRINGS WYOMING: EVANSTON 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TEST HOLE No. TTs7 f>)T 4113_ ELEVATIONS o/c 407-, ? r'oP.3oi J -)'- L10 15 C LA YgY GRAYEL(6-0 Co)5C3L. 5 q�L3o,Li 5 - ro36— . - flNGv/c,4,P m SuB gvGvL�1 C//� LAG -//r /3Row/u Svcfis'%� SrX,lb( e5 - BASAL T, c RAX r: 20 25 30 w w 1 35 z 40 F- 0 w 0 Job No. LD 053e Lor°'2 DRILLING LOGS -t- roPSo/L- p/4RK 8R c.)V SILTY CZ AY L�A,v CL4y [GL) dca, 6-R f# 1/.5: D/4RK ago w/v p/6-1/ Mo/Sl/RC 5, L I?' G-R/V EL M j 5. P/9.5 -T. c Douz.orRs 7o do"p/A,rt N,G H /r% o,s7-vee T. D. /i7 FvS /92 OA, /✓s7.41:t7 80 ,C Dews LINCOLN DeVORE ENGINEERS GEOLOGISTS -f- 5 s/ 14„).: 2 0.710 15 — 20- 25 0- 25 30 35 40 COLORADO: COLORADO SPRINGS , GRAND JUNCTION , PUEBLO , GLENWOOD``SPRINGS WYOMING: EVANSTON 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Soil Samp 1 e Gffc2 p_414?____1&47"Y GRA �,EG �GP�F (c4 AYE r) Pro jectG'�Ti"o,vw�a x/0110 svb��cL6-Nk/�d sP,e.,e,. Date //- /1-83 est No. 50538 Sample Location Ti -57— p1T /ro, 100 90 [� 80 70 a 60 50 40 30 20 10 Test by T0.//• 1.00 1/1„ ,1 111I 1 ,2 D arae er- (ni-`/)151 I44 1110 4120 4440 44--1.0(' 44200 -- Sieve No, Sample No. 5o/4 TYPE No. / Specific Gravity___ M)isture Content Effective Size Cu 5So cc - 3. 2 Fineness Modulus L.L.1., P.1 • z BEAR ING ps f Size % Passing 3 1" /00 3/4 " 1/2 " 3/8 4 58,1- 55. 42. 3 g3.D 35,7 10 20 40 100 200 zg. 3 X2.3 /�.g /41-. / /o.9 • 0200 41%-5 Sulfates PPm GRAIN SIZE ANALYSIS LINCOLN-DeVORE TESTING LABORATORY COLORADO SPRINGS, COLORADO GRAVEL SAND SILT TO CLAY Coarse Fine Co. Medium Fin Nonplastic to Plastic iiu- 111 II 11 '"''OI11111 1 ._ . 'MIMI ._ _ _ _ 11 IINii 1 1111 _- i1 iHUI .1 . Its 1.00 1/1„ ,1 111I 1 ,2 D arae er- (ni-`/)151 I44 1110 4120 4440 44--1.0(' 44200 -- Sieve No, Sample No. 5o/4 TYPE No. / Specific Gravity___ M)isture Content Effective Size Cu 5So cc - 3. 2 Fineness Modulus L.L.1., P.1 • z BEAR ING ps f Size % Passing 3 1" /00 3/4 " 1/2 " 3/8 4 58,1- 55. 42. 3 g3.D 35,7 10 20 40 100 200 zg. 3 X2.3 /�.g /41-. / /o.9 • 0200 41%-5 Sulfates PPm GRAIN SIZE ANALYSIS LINCOLN-DeVORE TESTING LABORATORY COLORADO SPRINGS, COLORADO • • S )MMARY SHEET Soil Sample,RN r Test No . 5o5,3g Location] '_ra22__.Ke4_447 b.._r !tiLfloe_o.sik5Co.;7 ;1c /0 - /x-53 Boring No. TP`# 02. Depth L- ro i� Sample No. 5.0/1.. TT € m2_ Test by 7,12 Natural Water Content Specific Gravity (Gs) SIEVE ANALYSIS: Sieve No. 1 1 /2" 1" 3/4" 1/2u To Passing 4 10 100 20 99. 40 91? 100 97.1t- 200 Fag HYDROMETER ANALYSIS: Grain size (mm) o. o2 0.00 5 .)/0- 29. .V 29.2 In Place 1)ensity (To) pcf Plastic Limit P.L. 18,x- % Liquid Limit L. L. 3/ ¢ % Plasticity Index P.I. /3.0 % Shrinkage Limit % Plow Index. Shrinkage Ratio Volumetric Change Lineal Shrinkage % MC)lSlUR E DENSITY: ASTM METHOD lei i'rnu;n iVoisture Content - ixi rnum Dry Density -Td pcf Cuiiforr is Bearing Ratio S.ve I l • __ Days % Sewell againstLOOhsf Wo gain 14.% ) . 96.o �,c" 4,1 = /o. G BEARING: Housel Penetrometer (av) _psf Unconfined Compression (qu) psf Plate Bearing• psf Inches Settlement Consolidation % under psf PER ty\LABIL.IPI': K (at 20°C) Void Ratio Sul Fates SOIL ANALYSIS LINCOLN-DeVORE TESTING LABORATORY COLORADO SPRINGS, COLORADO 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • Soil Sample CL ,91'5X' (6 C) Project 6'07loNt✓voP h/oilaw 5B, ^LL -✓a .17 5 Pat.' Sample Location Test / 1T No. 3 100 90 0 80 }, 70 m a 60 50 40 30 w a 20 10 0 Test No. 50 $.31q Co Date /1-14-93 Test by 7 -Di/ _... GRAVEL SAND SILT TO CLAY Coarse Fine Co. Medium Fins., Nonplastic to Plastic II ______ __. _ 11 _ _ 1 1 111 I "1 ___I NI ii, IIMI ___ ___ __ I I 1111 - -- Illikomm _____ , 1 NOM 111..... 100 D ame[er- (u c) L 4410 4420 #40 #1a #42O0 Sieve No. Sample No. So/L Specific Gravity__ Moisture Content Effective Size _ c✓EL = /2 Q 5 /oo. ¢ pc tA/z - B. o °% v ' /6.2.% Fineness Modulus L.L.27. _ck P.1._2�g BEARING psf GRAIN SIZE ANALYSIS 2" 1" Size % Passing / Do 78.7 3/4" 1/2" 3/8" 4 10 20 40 100 200 76.g 73.* ;V.'? ER. 4- 53.1 53,4- 19,2 "3.. L 197 0200 /9.2 Sulfates Ppm LINCOLN-DeVORE TESTING LABORATORY COLORADO SPRINGS, COLORADO • • SUMMARY SHEET Soil Sample LGC9N CL -(9 Y [CL3 e. 3 Cri-E!YA422A2__ ../5C ) C. Boring No. 7`P'` 1 Depth 3 .rte Sample No. Soi G TYPE /Va,_4 fest No.5-053. //-/4.83 Test by____Z--L2.17. Natural Water Content (w) Specific Gravity (Gs) SIEVE ANALYSIS: Sieve No. % Passing 1 1/2" 1" !Da ____ _ 1 /2" q Z u 4 q_.,_o 10 _13.g 20 .0 40 $6_Q__ 100 22.6 200 _Z2,12 HYDROMETER ANALYSIS: Grain size (mm) 0.02 0.005 1-3.0 24./. SOIL ANALYSIS In Place Density (To) pcf Pla:;i.ic Limit P L. 22,4- % Liquid Limit L. L. 35. 6 % Plasticity Index P.I. /3.2- % Shrinkage limit Flay./ Index Shrinkage Ratio % Volumetric Change Lineal Shrinkage % 1`,\OIS1 UR E DENSITY: ASTM METHOD C)r:i r:orn ?voisture Content - wo _ % ,V i.<ir: um Dry Density -Td pcf Cuiifornia Bearing Ratio (av)__ .c Swell • Days % Sy/ell against' Z0 psf Wo gain /8.? % 4. 93.s Pc -- £ L=�o.7 /o BEARING: liousei Penetrometer (av) _psf Unconfined Compression (qu) psf Plate Bearing. psf Inches Settlement Consolidation % under psf P[RIv1EABIL.ITY: K (at 20°C) Void Radio Sulfates LINCOLN-DeVORE TESTING LABORATORY COLORADO SPRINGS, COLORADO 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Soil Sample • 1S LTY Y.Pi9�� (Gr/� (cL"?re- r) p,y1,4Z2.0 Pro jectC./5� p heaftov .k u: _ o s/oo Sample Location TP 100 90 80 70 60 50 40 30 20 10 0 Test No. 5053 Date //-/g- -B3 Test by D. N,_ 100 1 11 11/2" tl Dame} er- (14n) 4 #10 #20 't'0 #100 #200 - Sieve No. . 01. . 001. Sample No. .SQ/L TYPE" No. 3 Specific Gravity Moisture Content Effective Size Cu Cc Fineness Modulus L.L.26./ 1 .I. BEAR ING ;,s f Sieve Size % Passing GRAIN SIZE ANALYSIS 2" ion 1" 59.0 3/4" 1/2 " 46,/ 3/8 " 4 36.5 10 31.4- 2 0 2.61- 40 100 l6, 6' 200 i3.9 .0200 2/ Sulfates PPm LINCOLN-DeVORE TESTING LABORATORY COLORADO SPRINGS, COLORADO GRAVEL SAND SILT TO CLAY Coarse Fine Co. Medium Fine Non.lastic to Plastic III gi _ - U- Mailliii -- 1 _.___ Nil a ® �® _ _ ___ t . i_ . 111 E ' NM I I m' I II III --- - - - ---- .4.tI��. ___a _ .,a. 100 1 11 11/2" tl Dame} er- (14n) 4 #10 #20 't'0 #100 #200 - Sieve No. . 01. . 001. Sample No. .SQ/L TYPE" No. 3 Specific Gravity Moisture Content Effective Size Cu Cc Fineness Modulus L.L.26./ 1 .I. BEAR ING ;,s f Sieve Size % Passing GRAIN SIZE ANALYSIS 2" ion 1" 59.0 3/4" 1/2 " 46,/ 3/8 " 4 36.5 10 31.4- 2 0 2.61- 40 100 l6, 6' 200 i3.9 .0200 2/ Sulfates PPm LINCOLN-DeVORE TESTING LABORATORY COLORADO SPRINGS, COLORADO • • EXHIBIT D 1'OZb -^3,t£-iiob1S W Q / ,g` 3 U Cc z i/ � I°' 20 12'2 _ .:�� 1 �� q W l of a W W oQ w '��/ z1 � ti t r w Is vt 41 tl w z w ►- .S9 ,' if �O C1 4i O y Qj -- 9S'b01 T/ _ _ _ — - _ M 1£ 8b 80S i 1£ • gbh — — _ M 91 b�l'b9 ,91 090S ,£ a3z • Ill w 'et Zi tLi 4 0 J N\a /1 Co oc,� . / 70 X y 1 wow � 2N 1 w p Z N` \ 440.1.1 ' 500 - - - 211 ' -' -' , 200. — t` \ O ti • tu .1._ 4., O r'e,\ ` M s � • • o• e-- ti at▪ t - t°QE . 2 5123:- tti -o t •c hia0.4.2WIEN116S-MMOLICTSigimMaipestuuenaort”.11111111110A)C1.915,174.1.........esasooma mout...w.,aiiparamoomeraksteemnramismn • • •r:1-. DISTRICT C0U171 1N A:1D Fnn 1)1VISIO:1 J.,1•. 5 :..TATE OF COLORADO Application 70. T111 TTER OF THE APPLICATIM: FOR '..Y.ATER RIGHTS OF 01,1A Nowt.% N. ',IcVEy Fi.‘111: l':•`.; T71 1'\7 ....VOLVI:D: (p,EIT:; LD:;" The above • OLEIC, OF REFEI= entitled application was filed on September 29, 1930, and 1;;1:; referred to the undersined as Water Referee for 1)ivision 7o. , State of Colorado, by the Water Judge of sal:, Court on lh Th'd day oi Octoher, lt)O, in accordance \:it1 C IL H of Chapter Colorado Revised Statutes 197:), 1:1lowl, as the L:Iter Rilt Determination and Administration Act of 1:2,69. And the ildersi,gned havin made such investi:;ations :15 are necessary o determine whether or not tne statuLtent:-, in the application ro true and having ecome fully advised with respect to t72 subject matter of the application does hereby the followin,:, dete1'min3t1011 and ruling as the Referee in this ]:,atter, to -wit: 1. statements in the application arc true. :He liMel'; of the structures involved in the Plan ior 11 1)11 nre :obcat Rid!,,o Estates Wells los. 1 throah hmes of the claimants and address: Ora W. lcVey and ::ol.ma .1(.:Vey; 5062 County Road 113; Carbondale, Colorado. 1. The source of tho water is from wells having depths of less than 100 foot, and bcin1 tributary to Cattle - Creek, tributary to the Roarin,,,, 1:1vo0. 5. The appLcants are the owners of approximately 72 :teres of 1:11-,1 located in Lots 6, 7 and 0, Section 12, and In the E -1/1S::-1/1 of flection 12, T. 7 !";., R. 82 W. of the 6th P. :L. ne :11,1)11cant5 intend to subdivide the larul into le -family lots, asi one or the well!; will be located 00 cac'a of tLc 10ts. 1 0. ban well Lill have the capacity to pump 13 I ,:.:-: (.037i cis) with an annual appropron from each well of ... : acre feet. 'Ihe total anual appropriation from the 35 wells a will be 70 cro Feet. The proposed wells will withdraw waters I tributary to Cattle Crec:. and the Roaring ForL River. 7. I':iu usc Crom the wells will Le for potable, in-house domestic wator supply, watering of one horse per I dwelling unit, 'o for irrigation of up to 1,000 s(luare feet or lawn and garden For each dwelling unit. In addition, the 0:1 01 From said :15 wells would also be available for fire 1 protection within the proposed subdivision. ',. .'pplicaht hos Filed an application Cor a well I i,cit rnr 1,ol lidge I'states Uell 1:0. 1 .with the State ;.:jeer an;'. :hat application is pendin. \:011 permit applications Col- the other :l proposed wells in the suhdivision will Lc filed with ilic ;;Litt... 1.ngineer as soon as the subsequent purchasers 1 of the subdivided luts desire to do so. '.). The Applicant owns leVey Reservoir, a decreed I ate-: right hl Lo :v of 5 acre feet absolute and in tile ,-ount oC l'i ;.,•ro Feet conditional. : 'lid decree was cLtored \:ater .]u, 0" Hi: Court on J.Hlaary 50, 1000 v.ith the I ,,i :: ::)"1 ;11HL1H0J thfor :01 1, he'n Filed with the Court rch 07, 1-: aud 0.11o0: on ))V He -Niel- leferce on :;eptembor 7'). 1.10 -..irce of the water LOY this watr right is Cattle Creel:, tvilutary to the Roaring [ori. River. Any out -of -priority eonsumptivo use of tile waters from the proposed 7:5 well will he offset by releases from McVey Reservoir to t - extent of injury. 1 l':. :iter witl,drawn through said 35 wells and ll.:.ed for do n.. -,tic purposes will he returned to the hydraulic I y::: of Cattl, 'Creel. by tie of individual septic systems Mr return flow From lawn and garden irrigation witbin Cle suldivisioi will also return to the hydraulic system of Cattie CYH.. Iii. The consumptive use ol the propoed in-housu dumestic systems, the limited horse watering and the irri5;ation I uC lawns and pArdens within the subdivision will be approximately 0. :)u acre foot durinL; tilt irrigation season. This consumptive usd total is Lased upon aceeptahle Yitipui'ving standards For I L::.: iloroa consumption of water for in-house use, the watering el no more tl—,' head of horses and thc irrigation of a axlum of 5:_,,! ' 1.Huare Feet C.;,C, acres) of lawns and garL hls. II1:2. '..i.e phvical water supply for the subdivisioh ;0c to 100010011.0 1):1:;O(, upon a cst hole drilled hy the 2.:,111ieant which Yielded approximately 10') gpm. Thc drillili I oC said test hole together with other wori onsite entitles the Applicant to a conditional water right for each of the 35 pro- posed wells. Additional'evidence supporting said conditional water rights arc tho retntion of' a professional engineer, oreparation of an engineerinc, analysis of the suhdivision . _, water requiroents, and Ihe filin of the application herein. The date of ap,proprinti6n for said conditional well rights is 11:1 1011 26, l'.):). The.amount For each well is 15 gpm (.055 crs) ',:itil 1:1 us(is to be domestic, stocldwaterin and lnwn am', ?arden irrigation. It is anlicipated that the pro- posod uscs of .to wells dt1Hng tile 1;0m-i.rrigntion so;Ison wHil not cause any :saterial injury to vostoi water rights based lipo the fact that there had heel) no calls on Cattle Creel: O uring said season. Anv material 1njury to vested water • 0 0 cv:359 1 rihts during times or call in the irriation season will be offset by the proper administration or the augmentation plan approved herein. 15. P.(leases from reVey l).eservoir for the operation )1n'11 be don: 11 the order of the Commissioiter nnd the iviH the Applicant. shall taLe whatever stops aro r'ecoss:!ry 1- v:ly of protective cover1:1:Its, otse. tat,,...m ater frosaid wells arc n,vpropriately limited in accordance with the torMs Of I.1111S C iZererie loes tereFore cuclude that tlte above intitle* rinhts oi: 1)(2 c, ..c 1 i on:.; 11or L11 lhove 1inappru- 11 ; r 1 1 rdi.ersion in the CJttic H;ste.Li 1. oil others will not be materially injured bv or the wells in accordance with the plan ror auL;Lentation. ;lac!! QC the lls is entitled lo la conditional water r 1 L . C { (,1- Water r 00101 0 r time , W i th o1ie:1".);Th lor domestic, livestocl. irriation pmrposes. The office of nt,' issue drillin permits for 55 lion the ur appropriate uell per:::it applications. eatioi or quadrennial finding or reasonable filed :larch oC. 1 and in :':arch of L ver; Courth calen.Thr ye.ar tereaCter so 1 0n s claimant dosirer, to these (..w:ditienal water ril,j1L5 or doterinatio_ h,is been ;c that these conditional water rihts have beeoc absoluto water ri,,hts by reason of the conl)lotion of the nppropYiation. The \,.ater ri:hts herein nward.:C ..:ere filed in the water Court in tlic and, shall l‘e aCministered as havinl; been filed in that. yo:!r; and sh.all bu juHior to n11 priorities filed in previous years. ffl!-, be',',...oen all ri;:lts riled in the samc calend:Ir year, or1tie1 1 • iis1nr:111!cd by historical ,H1 0 0 1 not arrocted by the Cnte el ruldn:,. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 .It is accordingly ORDERED that this ruling shall be riled l:i t.h the later Clcri: and shall become effective upon such filing, s;i', jcct to judicial review pursuant to Section 37-�2-3Ol C.R.. It is further ORDERED that a copy of this ruling shall be filed with the appropriate Division Engineer and the State !ions: at L:Ic City of Glenwood Springs, Colorado, this X1;1 y of 11049 N Cl' 'fill: REFEREE: ;cree cr Division No. S tate of Colorado Hrutcst 1.a:s I i lcd in tHs 1.latter, and accordingly L; l` i UI'C'.;o . n`, rH i 111`; 1.:; coil 1 rl leti and approved, and 1 s blade the .Ji! ,elilCII t :ci ' ,•c rcc or tli i Cnurt ;rev i Jud however, that the ;Ii'prn1al or c'1allg,, or ,.;I1.rr ri'',1t shall Le subject 10 re- con!+.1d:'r;ition c:lc i,atcr ,Judge on Cie question or injury to the,. veJteR ri!',11 s of others ,:nring ;IJiy hearing cormcnCi1U 111 the ,r �> calendar ;ear:: ; :ic ccc,' i nt, the year in which this decision is rendered. Dated n ./Pdv .'a cr _JJucif; • • EXHIBIT E ' • 1 ' January 6, 1984 Secretary of the Board of Carbondale & Rural Fire Protection District, A Colorado Special District 300 Meadow Wood Drive Carbondale, Colorado 81623 'RE: Petition for Inclusion of Property as per C.R.S. 1973, 32-1-401, as amended Gentlemen: We, Gailen B. Smith and Pamela D. Smith, hereby petition for inclusion of the land as described in the attached Ap- pendix A; a legal description, into the Carbondale & Rural Fire Protection District. We certify that to our best knowledge we own the land so described in fee. We assent to the inclusion of such property. Done this day of 11 1984. Gailen B. Smi€h 5062 CR -113 ' Carbondale, CO 81623 z�i t L[!�t('' ' 11L�! Pamela D. Smith 5062 CR -223 1 1 1 ' 1 APPENDIX A 1 A parcel of land situated in Lots 6, 7, and 8 of Section 12 ' and in the NE'SWa of Section 12, all in Township 7 South, Range 88 W. of the 6th P.M., according to the Resurvey of Section 12 of said township and range as accepted by the ' U.S. Surveyor General's office in Washington D.C. on June 11, 1908. Said parcel also lying southerly of the East-West Centerline of said Section 12, westerly of the North-South t Centerline of said Section 12, and easterly of the Westerly Line of said Section 12. Said Parcel being more specifically described as follows: Beginning at the West One-Quarter Corner of said Section 12; thence N. 89°23'15" E. 260.38 feet to the true point of be- ginning; thence N. 89°23'15" E. 2323.08 feet along the East-West Cen- terline of said Section 12; ' thence S. 01°27'21" E. 1592.04 feet along the North-South Cen- terline of said Section 12; thence N. 77°29'14" W. 1904.45 feet; ' thence S. 67°47'50" W. 269.93 feet; thence S. 76°59'19" W. 260.96 feet; thence N. 00°00'00" E. 1314.84 feet to the true point of be- ginning. COUNTY OF GARF I ELD STATE OF COLORADO 1 1 1 1 1 1 1 • • EXHIBIT F • • EXHIBIT F DECLARATION OF PROTECTIVE COVENANTS FOR COTTONWOOD HOLLOW SUBDIVISION WHEREAS, GAILEN B. SMITH & PAMELA D. SMITH (Declarent) is the owner of the real property described in Exhibit "A" attached hereto and incorporated herein by this reference, which property is situated in the Cattle Creek area, Garfield County, State of Colorado, described as the Cottonwood Hollow Subdivision, as the same appears upon the final plat filed for record on 19 as Reception No. in the office of the Clerk and Recorder, Garfield County, Colorado; and WHEREAS, Declarent, being desirous of protecting property values and protecting the health, convenience and welfare of the owners of the lots in the Subdivision does hereby make, establish, publish, declare and impose the following restrictive and protective covenants, conditions, uses, limitations and obligations; and which covenants shall apply to all persons who now own or may hereafter acquire an interest in any portion of the Subdivision and all of which covenants shall be deemed to run with the title of the land and inure to the benefit of and be binding upon the Owner and the Owner's successors in interest in title to the Subdivision or any portion thereof, so long as these restrictive and protective covenants shall remain in effect. 1.0 DEFINITIONS. As used in these Protective Covenants, the fol- lowing words and terms shall have the following meanings: 1.1 Subdivision shall mean Cottonwood Hollow Subdivision. 1.2 HOA shall mean Cottonwood Hollow Homeowner's Association. 1.3 ACC shall mean the Architectural Control Committee for the Subdivision. 1.4 Lot shall mean any lot, tract or parcel of land in the Subdivision. 1.5 Unit shall mean a residential dwelling unit. 1.6 Owner shall mean the owner of a lot or unit in the Sub- division. Cottonwood Hollow Su•vision Exhibit F Page two 2.0 HOMEOWNERS' ASSOCIATION. 2.1 Homeowner's Association. Any and all owners of lots in the Subdivision upon accepting a deed or contract for that property agrees to and shall be a member of, and be subject to the obligations and duly enacted bylaws and rules of the Cottonwood Hollow Homeowners' Association. Voting in the Association shall be on the basis of one lot, one vote. The purposes for which this corporation shall be organized are as follows: A. To perform such architectural control, review and planning duties and to enforce protective covenants, limitations and restric- tions governing the use and occupancy of lands, and the construction and alteration of structures and improvements upon the land. B. To establish, maintain and enforce all necessary and rea- sonable rules and regulations concerning the use of all land and interest in land or property and property rights owned, managed, or held by the Association and members thereof. C. To charge and collect such fees as may be set by the Board of Directors for the use of facilities, properties owned or operated by the Association, and its cost, assessments, and fees will be made by the Association and payment of the same shall be mandatory by the property owners within the Subdivision. Such assessment shall be considered a lien on the property to the extent not paid. The Asso- ciation shall have the right to recover its reasonable attorney's fees in any legal proceeding concerning delinquent assessments, or otherwise pertaining to violations of these covenants. 2.2 Individual Septic Systems. It will be the responsibility of the HOA to ensure proper maintenance of individual septic systems is established. The program should include the inspection and pump- ing of a system at least every four years. Any and all expenditure for pumping and maintenance of the septic system will be the sole responsibility of the owner. Cottonwood Hollow Sullvision Exhibit F Page three 2.3 Maintenance of Cottonwood Hollow Lane. Road maintenance and repair of the cul-de-sac, as well as snow removal shall be the responsibility of the HOA. The payment of such upkeep shall be di- vided in a fair and equitable manner among the users of the cul-de- sac. 2.4 Plan of Augmentation. Each lot owner shall comply with and be subject to the terms and conditions of the Plan of Augmenta- tion and any water rights under which any individual well is operated. Amendments to the Plan of Augmentation must be approved by the HOA. The HOA shall then make Application to the Water Court. The HOA shall not be held liable for any result of said Application, and the lot owner shall reimburse the HOA for all cost and attorneys' fees in processing the Application. 3.0 EASEMENTS AND RIGHT-OF-WAYS. 3.1 Easements and right-of-ways for roads, driveways, electri- city, phone, lighting and any other kinds of public or quasi -public utility service are reserved as shown on the Subdivision Plan. No fence, wall, hedge, barrier or other improvement shall be erected or maintained on, across, or within the areas reserved for easements or right-of-ways. 3.2 Utility Lines. No new power lines, phone lines or televi- sion cable shall be permitted unless said lines are buried underground and out of site from their primary source at the lot or tract line to the structure at the owner's expense. 4.0 MAINTENANCE OF PROPERTY. 4.1 The Owner of each lot shall keep the same clear and free of rubbish and trash and shall keep the structures thereon in good repair, doing such maintenance as may be required for this property. 4.2 No noxious or offensive conduct or activity shall be carried on upon any lot or in any structure thereon which may consti- tute a health hazard, nuisance or annoyance to the neighborhood. Cottonwood Hollow •division Exhibit F Page four 4.3 Clothes lines, equipment, garbage cans, service yards, woodpiles, or storage areas shall be adequately screened by plant- ing or construction to conceal the same from neighboring lots and streets. 4.4 The outside burning of trash, rubbish or other materials shall be absolutely prohibited. Standard and approved outdoor fireplaces shall be allowed for the preparation of foodstuffs only. 5.0 USE OF LOTS. Each lot owner shall comply with the Garfield County Subdivision regulations, and the Garfield County Zoning Regulations. These aforementioned regulations should govern the allowable use of the lot and designate any and all restrictions of the land. 6.0 RESUBDIVISION PROHIBITED. The resubdivision of a lot tract is prohibited; provided, however, condominiumizations of a struc- ture on a tract shall be allowed if approved by Garfield County, and the combining of lots into one lot shall be allowed, provided that the number of dwelling units on said new lot does not exceed the number of dwelling units approved for the separate lots before the single lot was created, and if approved by Garfield County. 7.0 ARCHITECTURAL CONTROL COMMITTEE. 7.1 Committee. The Architectural Control Committee (ACC) shall consist of three members who shall be initially designated by the owner. Upon the death or resignation of a member of the ACC, subject to the requirements contained herein, a new member shall be appointed by the remaining member or members offlthe ACC. 7.2 ACC Authority. The ACC shall have the responsibility and authority to review, study, make recommendations and sugges- tions for changes to, and approve or reject proposed improvements within the area described in the plat map of the Subdivision, of which these restrictive and protective covenants are made a part. Cottonwood Hollow Slikivision Exhibit F Page five 7.3 Rules. The ACC shall make such rules and by-laws and adopt such procedures as it may deem appropriate to govern its proceedings. 7.4 Approval of Plans. No building, landscaping, parking or vehicular driveway, fence, wall or other improvement shall be con- structed, erected, repaired, restored, reconstructed, altered, added to or maintained, on any lot until building plans and site plans and specifications showing color, location, materials, land- scaping, and such other information relating to such improvements as the ACC may reasonably require shall have been submitted to and approved by the ACC in writing. The ACC shall not forward any notice of approval of such plans to a planning, zoning, or building department of Garfield County until such time as it has completed its final review and approval of such plans. 7.5 Criteria. In approving such plans and specifications, the ACC shall consider: 7.5.1 The suitability of the improvements and materials of such is to be constructed on the site upon which it is to be located. 7.5.2 The nature of adjacent and neighboring improvements; 7.5.3 The quality of the materials to be utilized in any proposed improvements; 7.5.4 The effect of any proposed improvement on the outlook of any adjacent or neighboring property; 7.5.5 The soil review for the site upon which any building is to be constructed and the results of soil tests for the particular site; 7.5.6 A drainage plan for the particular site and the effect of such drainage plan upon the overall sub- division drainage plan; and 7.5.7 The landscaping plan for a particular site which shall include designated parking and drive areas. 7.6 Effect of the ACC's Failure to Act. In the event the ACC fails to approve or disapprove plans and specifications submitted to it within sixty days of submission and no suit to enjoin the construction has been commenced prior to the completion thereof, approval shall not be required and the related covenants shall be determined to have been fully complied with. Cottonwood Hollow •division Exhibit F Page six • 7.7 Liability of ACC. The ACC shall not be liable in damages to any person submitting requests for approval or to any lot owner by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove with regard to such requests. 8.0 STRUCTURES IN THE SUBDIVISION. All structures in the Subdivi- sion shall be designed to blend into and complement the natural surroundings. 8.1 No more than one (1) detached single family dwelling shall be erected upon any lot, except for two (2) attached or detached outbuildings used as a garage, barn, or shed. 8.2 Designated building envelopes on all dwelling units shall be sited within each lot. In siting a structure, the ACC shall approve its location as near to the building envelope selected by the Owner as shall not impede or restrict the view plane of other Owners and otherwise meet the criteria set forth in Paragraph 7.3 hereafter. 8.3 The minimum size of each single-family structure shall be not less than 1200 square feet measured on the outside foundation walls, exclusive of open porches, garages or carports. 8.4 No structure shall be permitted on any lot which exceeds thirty (30) feet in height from the highest natural finished grade line immediately adjoining the foundation or structure. No radio, short wave or television antenna over five (5) feet above the highest roof line shall be permitted unless approved by the ACC. 8.5 No structure shall be erected by means of other than new construction, it being the purpose of this covenant to insure that old buildings will not be moved from previous locations and placed upon a lot. 8.6 All structures shall be constructed of either brick, stone, lumber, or a combination thereof. The use of cinderblock and con- crete block shall not be allowed unless it is approved by the ACC. 41/ 4 Cottonwood Hollow Subdivision Exhibit F Page seven 8.7 Each structure shll be completed within one (1) year from date of commencement of construction. 8.8 No structure of a temporary character, trailer, base- ment, tent, shack, garage, barn or any other outbuildings of any 1 description shall be used on any lot except on a temporary basis, not exceeding six (6) months, by the construciton company construct- ' ing a structure on a lot. 8.9 Landscaping shall blend with natural vegetation. No tree shall be removed or cut down without approval of the ACC. ' All areas cut, filled, or disturbed by any construction or other activity shall be fully restored and landscaped. 1 9.0 FENCES. Architectural screen fences, limited to six (6) 1 feet above ground level and constructed of natural wood are al- lowed providing they are located within the building envelope and approved by the ACC. All other fencing shall be open, wood post tand wood rail, wood post and plain wire (no barbed wire shall be permitted). Fences shall be constructed no higher than forty-two ' (42) inches high, preferably with a solid wood top rail. Under no circumstances shall a fence cross Cattle Creek. 1 10 0 ANIMALS. ' 10.1 The grazing of livestock shall occur only on pasture area capable or supporting grazing. Animals are restricted from open 1 grazing during non -growing seasons. A maximum of three horses per lot shall be allowed, except on the lots not capable of sup - 111 porting livestock, those being 5, 6, 10, 12 and 13 (see Fig. 3 Subdivision Plan). Paddock areas should be located on relatively flat ground and constructed of wood poles. ' 10.2 Domestic animals must be kept within the boundary of the lot of the owner. Dogs shall not be allowed to run loose. They 1 shall be fenced, chained, or housed. 1 Cottonwood Hollow S•division Exhibit F Page eight 10.3 Lots must be kept clean, sanitary and reasonably free from refuse, insects and waste at all times. 10.4 No hunting, shooting, trapping or otherwise killing or harming of wildlife shall be permitted. 11.0 EFFECT AND DURATION OF COVENANTS. These covenants are run with the land and shall be binding upon all parties and all persons claiming under them until January 1, 2000, at which time said cov- enants shall be automatically extended for successive periods of ten (10) years unless by vote reflected by signed documents duly re- corded by the majority of then Owners it is agreed to change said covenants in whole or in part. 12.0 ENFORCEMENT. 12.1 Procedure for Enforcement. If any person shall violate or threaten to violate any of the provisions of these covenants, Owner or his successors or assigns, or any owner of real property in the Subdivision may but without obligation to do so, enforce the provisions of the instrument by: 12.1.1 Entering upon the property where the violation or threatened violation exists and removing, remedying and abating the violation; such self- help shall be exercised after having given fifteen days prior written notice to the owner or owners of the property upon which the violation exists and provided the owner shall have failed within such time to take such action as may be necessary to conform to the covenants; or 12.1.2 Instituting such proceedings at law or in equity as may be appropriate to enforce the provisions of this instrument, including a demand for in- junctive relief to prevent or remedy the -threatened or existing violation of these covenants and for damages. 12.1.3 In the event any party with any rights provided under the terms of these restrictive and protective • • Cottonwood Hollow Subdivision Exhibit F Page nine covenants must bring legal action for thL enforce- ment of such covenants, then the prevailing party in such action shall be entitled to the recovery of reasonable attorney fees and costs of litiga- tion, including reasonable costs of expert witness fees, if any. 13.0 AMENDMENT. A vote of 2/3 of the owners of the various lots in the Subdivision shall be necessary to amend these covenants. 14.0 SEVERABILITY. Invalidation of any one of the provisions of this instrument by judgment or court order or decree shall in no way affect any of the other provisions which shall remain in full force and effect. EXECUTED THIS DAY OF , 1984. Gailen B. Smith • • APPENDIX 1 Map Unit No. 35E, 35F Part A SOIL CHARACTERISTICS Depth to Bedrock Texture Surface Subsoil : moderately deep over stone, cobble Substratum Unified/AASIIO Classification: Permeability (below 2 feet) : Percent Coarse Fragments (gravel, cobble, stone) Soil Reaction (plH) Shrink -Swell Potential Potential Frost Action (surface) Flood (Hazard Hydrologic Group Corrosivity - Steel - Concrete DEGREE b KIND OF LIMITATIONS (0 is Slight, M is Moderate, S is Severe) Septic Tank Absorption Fields Sewage Lagoons loam stony clay loam, stony clay very stony loam ML, CL, CH; A-4, A-6, A-7 moderately slow to moderate; slow above 36" : 5 to 40% to 36 inches; 35 to : 6.6 - 7.3 : high : moderate : none :C . high : low so% below 36" : S - large stones, slow permeability : S - steep slopes, large stones Sanitary Landfill - Trench : S - largo stones - Area : M - slopes to 15%; S - slopes above 15 a Shallow Excavations Dwellings w/basements w/o basements Local Roads and Streets SUITABILITY AS A SOURCE OF.... Daily Cover for Landfill Topsoil Sand Cravel Roadfill OTTER SOIL FEATURES : S - largo stones, too clayey S - large stones, high'shrink-swell : S - largo stones, high shrink -swell : S - shrink -swell, large stones : Poor - largo stones, too claYey, steep slopes : Poor - too clayey, thin layer, steep slopes Unsuited : Unsuited : Poor - large stones, shrink -swell "ADVANCE COPY SUBJECT TO CHANGE" NOT TO BE USED IN PLACE OF ON-SITE JNVESTIGATION. SOIL CHARACTERISTICS Depth to Bedrock Texture Surface Subsoil Substratum : moderately deep over stone, cobble stony loam : very stony loam Unified/AASIIO Classification: ML, SM; A-4 Permeability (below 2 feet) : moderato to moderately rapid Percent Coarse Fragments (gravel, cobble, stone) . Soil Reaction (pH) Shrink -Swell Potential Potential Frost Action (surface) Flood Hazard Hydrologic Group Corrosivity - Steel - Concrete DEGREE & KIND OF LIMITATIONS (0 is Slight`, M is Moderate, S is Severe) Septic Tank Absorption Fields Sewage Lagoons Sanitary Landfill - Trench - Area Shallow Excavations Dwellings w/basements w/o basements Local Roads and Streets SUITABILITY AS A SOURCE OF.... Daily Cover for Landfill Topsoil Sand Gravel Roadfill OTHER SOIL FEATURES 20 to 80 percent 7.9 - 8.4 low moderato none B high low : S - la rge stones ** S - large stones, seepage, slope S - largo stones, seepage, steep slopes S - seepage, steep slopes S - largo stones, steep slopes S - large stones, steep slopes S - large stones, steep slopes : S - large stories, frost action, steep slopes : Poor - large stones, steep slopes Poor - large stones, steep slopes : Unsuited : Unsuited Poor - steep slopes, large stones ** Rapid permeability may cause a pollution hazard. "ADVANCE COPY SUBJECT TO CHANGE" NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION. • • Orthonts - Gypaun Outcrop Complex Map Unit No. I3 LG and RLG SOIL CHARACTERISTICS Depth to bedrock : shallow; bedrock exposures Texture Surface Subsoil SL.bstratum Unified Classification •• Permeability (below 2 feet) Percent coarse fragments (gravel, cobble, stone) Salinity (ECx103 @ 25°C) Shrink -swell Potential Potential frost -action (surface) 'Plood Hazard' : high runoff Hydrologic Group• Corrosivity Steel Concrete : high : high DEGREE & KIND OF LIMITATIONS (0 is Slight, M is Moderate, S is Severe) Septic Tank Absorption Fields Sewage Lagoons Sanitary Landfill Trench Area Shallow Excavations Dwellings w/basements w/o basements SUITABILITY AS A SOURCE OF... Topsoil Sand Gravel Roadf ill. Sovore Limitations for all stated uses. SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION. ?OF 1 1 1 1 X14Ef 70t 11 t5l 1 1 1 1 • • APPENDIX 2 • APPENDIX 2 • COTTONWOOD HOLLOW SUBDIVISION ZONE DISTRICT REGULATIONS A. A/R/RD AGRICULTURAL/RESIDENTIAL/RURAL DENSITY (3.02) 1. Uses, by right: (3.02.01) Agricultural Lncluding farms, garden, greenhouse, nursery, orchard, ranch, small animal farm for production of poultry, fish, fur - bearing or other small animals and customary accessory uses includ- ing buildings for shelter or enclosure of persons, animals, or property employed in any of the above uses, retail establishment for sale of goods processed from raw materials produced from raw materials on the lot; Kennel, riding stable and veterinary clinic, guiding and outfitting, and park, Single-family swelling and customary accessory uses. 2. Uses, conditional: (3.02.02) Aircraft landing strip, church, community buildings, day nursery and school; mobile home as accessory use to ranch or farm operations. Studio for conduct of arts and crafts, poundments. home occupation, water im- 3. Uses, special; (3.02.03) Airport utility, feedlot as principal use of the lot, crematorium, agriculture -related business, resorts; Two-family dwelling, mobile home as principal use of the lot, cam- per park, ski lift and trails; Public gatherings; Site for extraction, processing, storage or material handling of natural resources; recreational support facilities, and guest house. 4. Minimum Lot Area: (3.02.04) 2 acres 5. Maximum Lot Coverage: (3.02.05) 15 percent 6. Minimum Setback: (3.02.06) (1) Local streets: 50 feet from street centerline orr-25 feet from lot line, whichever is greater; (2) Rear yard: 25 feet from rear lot line; (3) Side yard: 10 feet from side lot line, or 2 the height of the principal building, whichever is greater. • • 7. Maximum Height of Buildings: (3.02.07) 25 feet 8. Additional Requirements: (3.02.08) All uses shall be subject to any and all provisions, covenants, conditions, and restrictions contained in this Application and to any additional provisions, covenants, conditions, and restric- tions by the recording of any supplemental declarations. B. TERMS DEFINED 1. Building - conventional and prefabricated: a building constructed or erected on the lot or building site in a conventional manner using individual assembled or unassembled building materials, which shall be less than the entire building or major portion thereof. 2. Building Height: The distance, measured verticall, from the undisturbed or natural ground surface at the mid -point between the front and rear walls of a building to the top of a flat roof or mansard roof or to the mid -point between the eave line and the peak of a gable, hip, shed or similar pitched roof. 3. Dwelling Unit: One or more rooms in a dwelling occupied by one family living inde- pendently of any other family. 4. Dwelling, Single Family: A building containing only one dwelling unit. 5. Floor Area: The total inhabitable horizontal floor area of all floors in a building exclusive of basement, garage, storage, and utility area. 6. Lot Area: The total horizontal land area within the boundaries of a lot. 7. Lot Coverage: The portion of a lot which is covered or occupied by buildings, structures, parking, and drives. 8. Setback: The minimum dimension of a required yard. 9. Subdivided Land: Land located either within a subdivision, a plat of which has been filed in the office of the Clerk and Recorder of Garfield County, or land which has been specifically exempted from subdivision re- view by the County Commissioners. • 10 Uses, b ri• t: A use allowe• in a particular zone district when listed there- under with n• further conditions or approval required other than the general terms and stipulations of this Resolution. 11 Uses, conditional: A use allowed in a particular zone district when listed thereunder provided that all requirements under the applicable Zone District Regulations and Supplementary Regulations are observed. 12 Uses, speciall: Uses allowed only by permit of the County Commissioners, which permit may be granted or denied. If granted, certain conditions and performance standards may be imposed and must be complied with by the permittee. • APPENDIX 3 HOLY CROSS•LECTRIC ASSC:IATION, INC. 3799 HIGHWAY 82 1'. 0. DRAWER 250 t;l.l•:NWOUI) SPRINGS, ('tOLORA1)t) 81602 January 12, 1984 Sundesigns Architects Mr. Kevin J. Broderick 901 Blake Avenue Glenwood Springs, Colorado 81601 RE: Cottonwood Hollow Subdivision Dear Kevin: ARI':A CODE 303 945-5491 Holy Cross Electric has existing overhead power lines on the above referenced property and has sufficient electrical capacity to provide service to the project. Additional power line extensions are subject to the tariffs, rules and regulations of Holy Cross Electric Association, Inc. and are dependent upon the completion of contractual arrangements and easement acquisition. Holy Cross Electric requests that twenty-five (25) foot utility easements be provided for all existing power lines, and as a planning consideration, that utility easements twelve and one-half (12.5) feet in width be provided along all property lines. In addition, we also request that all road and access easements be included as utility easements. Please advise if you wish Holy Cross to proceed with the development of the electrical system for the entire project. Feel free to contact me if you have any questions. Sincerely, HOLY CROSS ELECTRIC ASSOCIATION, INC. Ken Roberts, Engineering Department KR:vk CC: Location - 65-12:Cottonwood Hollow • • POTABLE WATER TESTING FOR BACTERIAL PURITY About the Method: Colorado Department of Health uses the membrane filter technique to screen water samples for the presence of microorganisms known as coliform bacteria. Coliform bacteria are a group of organisms normally excreted in most animal feces including man in high numbers. The presence of coliform bacteria in a water sample indicates that the water source may have been contaminated with matter containing animal feces. Since many other organisms capable of causing disease in addition to coliforms are excreted in feces, the membrane filter technique, while directly determining numbers of coliform bacteria also indirectly measures the potential for other diseases to be transmitted in water. TesResults: Test results will be forwarded by return mail upon completion of lab procedures. Results may be interpreted as follows: 1) Zero(0)to one(1)indicates the water meets safe standards. 2) Greater than one(1)indicates the water fails to meet safe standards. 3) TNTC(Too Numerous To Count)means that the count was in excess of 200. 4) Confluent Growth means that bacterial growth entirely covered the area of the test filter. What To Do: If a test result is greater than one(1)or is reported as TNTC and/or Confluent Growth, an inspection of the water system should be made to determine possible sources of contamination. Appropriate measures should be taken to eliminate any sources of contamination or deficiencies and then the water system should be disinfected. After inspection and disinfection are accomplished a new water test sample should be taken and submitted to the lab for analysis. Your local health department can assist you in inspecting and providing information to disinfect your water system. If you have any questions or we may be of further assistance, please contact: COLORADO DEPARTMENT OF HEALTH WESTERN BRANCH LABORATORY 515 PATTERSON ROAD BOX 10,000 GRAND JUNCTION, CO. 81501 or phone 245-7800 STANDARD BACTERIOLOGICAL WATER TEST Colorado Department of Ith 4210 East 11th Avenue - Denver,Wrado 80220 SAMPLE TAKEN: DATE? i{ IME SUPPLY NAME OF CHLORINE RESIDUAL ( ) ROUTINE DISTRIBUTION SYSTEM SUPPLY ()() CHECK SAMPLE ( ) PROCESS WATER ( ) RAW ( )GROUND ( )SURFACE ()() PRIVATE ( ) SPECIAL PURPOSE SAMPLE "NOTE: IF ALL INFORMATION IS NOT SUPPLIED, THE SAMPLE WILL BE DISCARDED. COUNTY SAMPLER ( ) COMMUNITY SUPPLY ( ) NON COMMUNITY ( ) OTHER PUBLIC FIAID a„i CITY-$TATE _ SEE REVERSE FOR TIME LIMITATIONS, SAMPLING N RUCTIONS AND DEFINITIONS. LAB -MICRO 1D6 (Rev. 3.79) 100M r , RESULTS GREATER THAN ONE COLIFORM PER 100 ML INDICATES NON-COMPLIANCE WITH MINIMUM DRINKING WATER STANDARDS. Test results will be forwarded by return mail upon compieL. Results may be interpreted as follows: :een feces er ease in while the )rocedures. 1) Zero(0)to one(1)indicates the water meets safe standards. 2) Greater than one(1)indicates the water fails to meet safe standards. 3) TNTC(Too Numerous To Count)means that the count was in excess of 200. 4) Confluent Growth means that bacterial growth entirely covered the area of the test filter. What To Do: If a test result is greater than one(1)or is reported as TNTC and/or Confluent Growth, an inspection of the water system should be made to determine possible sources of contamination. Appropriate measures should be taken to eliminate any sources of contamination or deficiencies and then the water system should be disinfected. After inspection and disinfection are accomplished a new water test sample should be taken and submitted to the lab for analysis. Your local health department can assist you in inspecting and providing information to disinfect your water system. If you have any questions or we may be of further assistance, please contact: COLORADO DEPARTMENT OF HEALTH WESTERN BRANCH LABORATORY 515 PATTERSON ROAD BOX 10,000 GRAND JUNCTION, CO. 81501 or phone 245-7800