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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 3-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2:20.49, the undersigned * respectfully petitions the Board of County Commissioners of. Garfield County, Colorado, to exempt by Resolution the division of 51 acre tract of land into tracts of approximately A�-414,, . I ei t1 Ai, acres each, more or less, from the definitions of "subdivision" and "subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (10) (a) - (d) and the Garfield County Subdivision Regulations for the reasons stated below: SUBMITTAL REQUIREMENTS: An application which satisfied the review criteria must be submitted with all the following information: A. Skctch map at a minimum scale of 1 "+200' showing the legal description of the property, dimension and area of all lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities; and �B. Vicinity map at a minimum scale of 1 "=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used; and Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant; and D. Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees of minerals owners of record of the property to be exempted, and tenants of any structure proposed for conversion; and E. Evidence of the soil types and characteristics of each type; and F Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district; and G. If connection to a community or municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve; and H. Narrative explaining why exemption is being requested; and I. It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel as it existed on January 1, 1973. J. A $300.00 fee must be submitted with the appl,. ation. e D Petitioner (/ " 7 7 75 v.0-1 R-0 . Mailing Address p4fz4Gf4UM C>© g'/&35— City '1b3S— City State 1476 &g.5-- /773 Telephone Number EXEMPTION APPLICABILITY The Board of County Commissioners has the discretionary power to exempt a division of land from the definition of subdivision and thereby from the procedure in these Regulations, provided the Board determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board shall make exemption decisions in accordance with the requirements of these regulations. Following a review of the individual facts of each application in light of the requirements of these Regulations, the Board may approve, conditionally approve or deny an exemption. An application for exemption must satisfy, at a minimum, all of the review criteria listed below. Compliance with the review criteria, however, does not ensure exemption. The Board also may consider additional factors listed in Section 8:60 of the Subdivision Regulations. A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973. In order to qualify for exemption, the parcel as it existed on January 1, 1973, must have been 35 acres or greater in size at that time and not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State of Federal highway, County road or railroad), preventing joint use of the proposed tracts, and the division occurs along the public right-of-way, such parcels thereby created may, at the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable. For the purposes of definition, all tracts of land 35 acres or greater in size, created after January 1, 1973 will count as parcels of land created by exemption since January 1, 1973. B. All Garfield County zoning requirements will be met; and C. All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained; and D. Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot. Proof of a legal supply shall be an approved substitute water supply plan contract; augmentation plan; an approved well permit; legally adjudicated domestic water source or a contract for a permanent legal supply of domestic water to be hauled from an outside site for a cistern. Proof of the physical supply from a well for the public meeting, may be documentation from the Division of Water Resources that demonstrates that there are wells within 1/4 mile of the site producing at least five (5) gallons /minute. Prior to the signing of a plat, all physical water supplies using a well shall demonstrate the following: 1) That a four (4) hour pump test be performed on the well to be used; 2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; 4) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 5) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6) If the well is to shared, a legal, well sharing agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs. 7) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. For water supplies based on the use of cistern, the tank shall be a minimum of 1000 gallons. E. Method of sewage disposal, and a letter of approval of the fire protection plan from the appropriate fire district; and F All state and local environmental health and safety requirements have been met or are in the process of being met; and G. Provision has been made for any required road or storm drainage improvements; and H. Fire protection has been approved by the appropriate fire district; and H. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and I. School fees, taxes and special assessments have been paid. (The school impact fee is $200.00 for each lot created) PROCEDURES A. A request for exemption shall be submitted to the Board on forms provided by the Garfield County Planning Department. Two (2) copies of the application, maps and supplemental information shall be submitted. B. The Planning Department shall review the exemption request for completeness within eight (8) days of submittal. If incomplete, the application shall be withdrawn from consideration and the applicant notified of the additional information needed. If the application is complete, the applicant shall be notified in writing of the time and place of the Board of County Commissioners meeting at which the request shall be considered. In either case, notification shall occur within fifteen (150 days of submittal. C. Notice of the public meeting shall be mailed by certified mail, return receipt requested, to owners of record of land immediately adjoining and within 200 feet of the proposed exemption, to mineral owners and lessees of mineral owners of record of the land proposed for exemption, and to tenants of any structure proposed for conversion. The exemption site shall be posted clearly and conspicuously visible from a public right-of-way with notice signs provided by the Planning Department. All notices shall be mailed at least fifteen (15) and not more than thirty (30) days prior to the meeting. The applicant shall be responsible for mailing the notices and shall present proof of mailing at the meeting. D. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally approve or deny the exemption request. The reasons for denial or any conditions of approval shall be set forth in the minutes of the meeting or in a written resolution. An applicant denied exemption shall follow the subdivision procedures in these regulations. • • James P. Lyons 7775 County Road 301 Parachute, CO 81635 (970) 625-1773 October 25, 1996 Garfield County Commissioners County Courthouse 109 8th Street - Suite 300 Glenwood Springs, CO 81601 Dear Commissioner: My wife and I are the owners of a 50+ tract land in Rulison on County Road 301 in section 5 Township 7 South, Range 94 west of the 6th P.M. Copies of my deed, my plat and my pre January 1, 1973 deed are enclosed. I hereby respectfully submit my Petition for Exemption from subdivision regulations granting me permission to divide my property into three lots, one for each of our two children and one for us. I appreciate your consideration in this matter. Sincerely, James P. Lyons ..J .D Jb47a11 l /11.�14u Savage,Joan L. 5953 County Road 320 Rifle,Colorado 81650-9681 Lemon,James Robert 6343 County Road 301 Parachute,Colorado 81635-9123 Moore,Vella J. P.O.Box 1044 Rifle,Colorado 81650-1044 Wells/Wayne E. 6691 County Road 309 Parachute,Colorado 81635-9113 Szucs,Ann & Spencer, Mitch P.O. Box 2604 Glenwood,Springs Colorado 81602-2604 James P. Lyons 7 /5 County Road 301 Parachute, CO 81635 (970) 625-1773 October 25, 1996 Garfield County Commissioners County Courthouse 109 8th Street - Suite 300 Glenwood Springs, CO 81601 Dear Commissioner: My wife and I are the owners of a 50+ tract land in Rulison on County Road 301 in section 5 Township 7 South, Range 94 west of the 6th P.M. Copies of my deed, my plat and my pre January 1, 1973 deed are enclosed. I hereby respectfully submit my Petition for Exemption from subdivision regulations granting me permission to divide my property into three lots, one for each of our two children and one for us. I appreciate your consideration in this matter. Sincerely, James P. Lyons GRAND VALLEY FIRE PROTECTION DISTRICT P. 0. Box 295 Parachute, Colorado 81635 (303) 285-7630 October 11, 1996 Garfield County Commissioners 109 8th Street Glenwood Springs, CO 81601 Dear Commissioners: The Parachute -Battlement Fire Department has been contacted concerning a 50+/4 parcel split of property owned by Jim and Ilse Lyons in Ru; ,gin on County Road 301. The County requires fire department approval for this split, and approval is hereby given. We request that before any building occurs on the property that the fire department be contacted to review the pins and to assist in planning for fire protection, road design, and water resources. Sincerely, Ted Anderson President/GVFPD Lyons Subdivision Exemption: Re: Submittal Requirement "F" and "G" No connections are to be made to any municipal or community water or sewage system. The lots created are to be served by a common well and individual septic systems. SHEET NUMBER 15 RIFLE AREA, COLORADO (RULISON QUADRANGLE) U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE Map symbol and soil name 69: Vale Bedrock Depth Hardness 44: Morval In >60 >60 1 PAGE 1 OF 2 10/3/96 SOIL FEATURES LYON SUBDIV Cemented pan Depth Kind Subsidence Initial In Total In Risk of corrosion Potential frost action Uncoated steel ; Concrete I Moderate Moderate Moderate Moderate Low 1 1 1 I 1 ;Low U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE SOIL FEATURES Endnote -- SOIL FEATURES PAGE 2 OF 2 10/3/96 This report gives estimates of various soil features. The estimates are used in land use planning that involves engineering considerations. Depth to bedrock is given if bedrock is within a depth of 5 feet. The depth is based on many soil borings and on observations during soil mapping. The rock is either "Soft" or "Hard". If the rock is "Soft" or fractured, excavations can be made with trenching machines, backhoes, or small rippers. If the rock is "Hard" or massive, blasting or special equipment generally is needed for excavation. Cemented pans are cemented or indurated subsurface layers within a depth of 5 feet. Such pans cause difficulty in excavation. Pans are classified as "Thin" or "Thick". A "Thin" pan is less than 3 inches thick if continuously indurated or less than 18 inches thick if discontinuous or fractured. Excavations can be made by trenching machines, backhoes, or small rippers. A "Thick" pan is more than 3 inches thick if continuously indurated or more than 18 inches thick if discontinuous or fractured. Such a pan is so thick or massive that blasting or special equipment is needed in excavation. Subsidence is the settlement of organic soils or of saturated mineral soils of very low density. Subsidence results from either desiccation and shrinkage or oxidation of organic material, or both, following drainage. Subsidence takes place gradually, usually over a period of several years. This report shows the expected initial subsidence, which usually is a result of drainage, and total subsidence, which usually is a result of oxidation. Not shown in the report is subsidence caused by an imposed surface load or by the withdrawal of ground water throughout an extensive area as a result of lowering the water table. Potential frost action is the likelihood of upward or lateral expansion of the soil caused by the formation of segregated ice lenses (frost heave) and the subsequent collapse of the soil and loss of strength on thawing. Frost action occurs when moisture moves into the freezing zone of the soil. Temperature, texture, density, permeability, content of organic matter, and depth to the water table are the most important factors considered in evaluating the potential for frost action. It is assumed that the soil is not insulated by vegetation or snow and is not artificially drained. Silty and highly structured clayey soils that have a high water table in winter are the most susceptible to frost action. Well drained, very gravelly, or very sandy soils are the least susceptible. Frost heave and low soil strength during thawing cause damage mainly to pavements and other rigid structures. Risk of corrosion pertains to potential soil -induced electrochemical or chemical action that dissolves or weakens uncoated steel or concrete. The rate of corrosion of uncoated steel is related to such factors as soil moisture, particle -size distribution, acidity, and electrical conductivity of the soil. The rate of corrosion of concrete is based mainly on the sulfate and sodium content, texture, moisture content, and acidity of the soil. Special site examination and design may be needed if the combination of factors creates a severe corrosion environment. The steel installations that intersect soil boundaries or soil layers is more susceptible to corrosion than steel in installations that are entirely within one kind of soil or within one soil layer. For uncoated steel, the risk of corrosion, expressed as "Low", "Moderate", or "High", is based on soil drainage class, total acidity, electrical resistivity near field capacity, and electrical conductivity of the saturation extract. For concrete, the risk of corrosion is also expressed as "Low", "Moderate", or "High". It is based on soil texture, acidity, and amount of sulfates in the saturation extract. U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE SANITARY FACILITIES LYON SUBDIV PAGE 1 OF 3 10/3/96 (The information in this report indicates the dominant soil condition but does not eliminate the need for onsite investigation) Map symbol and soil name 69: Vale Septic tank absorption fields Sewage lagoon , Trench ; Area Daily cover areas ; sanitary ; sanitary for landfill landfill ; landfill 44: Morval Severe: :Severe: percs slowly ; slope Severe: percs slowly Severe: slope , , 1 , 1 I ;Moderate: :Moderate: :Fair: slope ; slope ; slope 1 :Slight Moderate: large stones Poor: large stones U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE SANITARY FACILITIES Endnote -- SANITARY FACILITIES PAGE 2 OF 3 10/3/96 This report shows the degree and kind of soil limitations that affect septic tank absorption fields, sewage lagoons, and sanitary landfills. The limitations are considered "Slight" if soil properties and site features generally are favorable for the indicated use and limitations are minor and easily overcome; "Moderate" if soil properties or site features are not favorable for the indicated use and special planning, design, or maintenance is needed to overcome or minimize the limitations; and "Severe" if soil properties or site features are so unfavorable or so difficult to overcome that special design, significant increases in construction costs, and possibly increased maintenance are required. This report also shows the suitability of the soils for use as daily cover for landfills. A rating of "Good" indicates that soil properties and site features are favorable for the use and good performance and low maintenance can be expected; "Fair" indicates that soil properties and site features are moderately favorable for the use and one or more soil properties or site features make the soil less desirable than the soils rated "Good"; and "Poor" indicates that one or more soil properties or site features are unfavorable for the use and overcoming the unfavorable properties requires special design, extra maintenance, or costly alteration. SEPTIC TANK ABSORPTION FIELDS are areas in which effluent from a septic tank is distributed into the soil through subsurface tiles or perforated pipe. Only that part of the soil between depths of 24 to 72 inches is evaluated. The ratings are base on soil properties, site features, and observed performance of the soils. Permeability, a high water table, depth to bedrock or to a cemented pan, and flooding affect absorption of the effluent. Large stones and bedrock or a cemented pan interfere with installation. Unsatisfactory performance of septic tank absorption fields, including excessively slow absorption of effluent, surfacing of effluent, and hillside seepage, can affect public health. Groundwater can be polluted if highly permeable sand and gravel or fractured bedrock is less than 4 feet below the base of the absorption field, if slope is excessive, or if the water table is near the surface. There must be unsaturated soil material beneath the absorption field to filter the effluent effectively. Many local ordinances require that this material be of a certain thickness. SEWAGE LAGOONS are shallow ponds constructed to hold sewage while aerobic bacteria decompose the solid and liquid wastes. Lagoons should have a nearly level floor surrounded by cut slopes or embankments of compacted soil. Lagoons generally are designed to hold the sewage within a depth of 2 to 5 feet. Nearly impervious soil material for the lagoon floor and sides is required to minimize seepage and contamination of ground water. This report gives ratings for the natural soil that makes up the lagoon floor. The surface layer and, generally, 1 or 2 feet of soil material below the surface layer are excavated to provide material for the embankments. The ratings are based on soil properties, site features, and observed performance of the soils. Considered in the ratings are slope, permeability, a high water table, depth to bedrock or to a cemented pan, flooding, large stones, and content of organic matter. Excessive seepage due to rapid permeability of the soil or a water table that is high enough to raise the level of sewage in the lagoon causes a lagoon to function unsatisfactorily. Pollution results if seepage is excessive or if floodwater overtops the lagoon. A high content of organic matter is detrimental to proper functioning of the lagoon because it inhibits aerobic activity. Slope, bedrock, and cemented pans can cause construction problems, and large stones can hinder compaction of the lagoon floor. SANITARY LANDFILLS are areas where solid waste is disposed of by burying it in soil. There are two types of landfill, trench and area. In a trench landfill, the waste is placed in a trench. It is spread, compacted, and covered daily with a thin layer of soil excavated at the site. In an area landfill, the waste is placed in successive layers on the surface of the soil. The waste is spread, compacted, and covered daily with a thin layer of soil form a source away from the site. Both types of landfill must be able to bear heavy vehicular traffic. Both types involve a risk of groundwater pollution. Ease of excavation and revegetation need to be considered. The ratings in this report are based U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE SANITARY FACILITIES Endnote -- SANITARY FACILITIES --Continued PAGE 3 OF 3 10/3/96 on soil properties, site features, and observed performance of the soils. Permeability, depth to bedrock or to a cemented pan, a high water table, slope, and flooding affect both types of landfill. Texture, stones and boulders, highly organic layers, soil reaction, and content of salts and sodium affect trench type landfills. Unless otherwise stated, the ratings apply only to that part of the soil within a depth of about 6 feet. For deeper trenches, a limitation rate "Slight" or "Moderate" may not be valid. Onsite investigation is needed. DAILY COVER FOR LANDFILL is the soil material that is used to cover compacted solid waste in an area type sanitary landfill. The soil material is obtained offsite, transported to the landfill, and spread over the waste. Soil texture, wetness, coarse fragments, and slope affect the ease of removing and spreading the material during wet and dry periods. Loamy or silty soils that are free of large stones or excess gravel are the best cover for a landfill. Clayey soils may be sticky or cloddy and are difficult to spread; sandy soils are subject to soil blowing. After soil material has been removed, the soil material remaining in the borrow area must be thick enough over bedrock, a cemented pan, or the water table to permit revegetation. The soil material used as final cover for a landfill should be suitable for plants. The surface layer generally has the best workability, more organic matter than the rest of the profile, and the, best potential for plants. Material from the surface layer should be stockpiled for use as the final cover. U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE BUILDING SITE DEVELOPMENT LYON SUBDIV PAGE 1 OF 2 10/3/96 (The information in this report indicates the dominant soil condition but does not eliminate the need for onsite investigation) Map symbol and soil name Shallow excavations Dwellings without basements Dwellings with basements Small commercial buildings Local roads and streets Lawns and landscaping 69: Vale ;Moderate: slope 44: Morval ;Moderate: large stones Moderate: shrink -swell, slope Moderate: large stones Moderate: slope Moderate: large stones Severe: slope Moderate: slope, large stones Severe: low strength Moderate: frost action, large stones Moderate: slope Moderate: large stones U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE BUILDING SITE DEVELOPMENT Endnote -- BUILDING SITE DEVELOPMENT PAGE 2 OF 2 10/3/96 This report shows the degree and kind of soil limitations that affect shallow excavations, dwellings with and without basements, small commercial buildings, local roads and streets, and lawns and landscaping. The limitations are "Slight", "Moderate", or "Severe". The limitations are considered "Slight" if soil properties and site features are generally favorable for the indicated use and limitaions are minor and easily overcome; "Moderate" if soil properties or site features are not favorable for the indicated use and special planning, design, or maintenance is needed to overcome or minimize the limitations; and "Severe" if soil properties or site features are so unfavorable or so difficult to overcome that special design, significant increases in construction costs, and possibly increased maintenance are required. Special feasibility studies may be required where the soil limitations are severe. SHALLOW EXCAVATIONS are trenches or holes dug to a maximum depth of 5 or 6 feet for basements, graves, utility lines, open ditches, and other purposes. The ratings are based on soil properties, site features, and observed performance of the soils. The ease of digging, filling, and compacting is affected by the depth to bedrock, a cemented pan, or a very firm dense layer; stone content; soil texture; and slope. The time of the year that excavations can be made is affected by the depth to a seasonal high water table and the susceptibility of the soil to flooding. The resistance of the excavation walls or bands to sloughing or caving is affected by soil texture and the depth to the water table. DWELLINGS AND SMALL COMMERCIAL BUILDINGS are structures built on shallow foundations on undisturbed soil. The load limit is the same as that for single-family dwellings no higher than three stories. Ratings are made for small commercial buildings without basements, for dwellings with basements, and for dwellings without basements. The ratings are based on soil properties, site features, and observed performance of the soils. A high water table, depth to bedrock or to a cemented pan, large stones, slope, and flooding affect the ease of excavation and construction. Landscaping and grading that require cuts and fills of more than 5 or 6 feet are not considered. LOCAL ROADS AND STREETS have an all-weather surface and carry automobile and light truck traffic all year. They have a subgrade of cut or fill soil material, a base of gravel, crushed rock, or stabilized soil material, and a flexible or rigid surface. Cuts and fills are generally properties, site features, and observed performance of the soils. Depth to bedrock or to a cemented pan, a high water table, flooding, large stones, and slope affect the ease of excavating and grading. Soil strength (as inferred from the engineering classification of the soil), shrink -swell potential, frost action potential, and depth to a high water table affect the traffic -supporting capacity. LAWNS AND LANDSCAPING require soils on which turf and ornamental trees and shrubs can be established and maintained. The ratings are based on soil properties, site features, and observed performance of the soils. Soil reaction, a high water table, depth to bedrock or to a cemented pan, the available water capacity in the upper 40 inches, and the content of salts, sodium, and sulfidic materials affect plant growth. Flooding, wetness, slope, stoniness, and the amount of sand, clay, or organic matter in the surface layer affect trafficability after vegetation is established. U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE CONSTRUCTION MATERIALS LYON SUBDIV PAGE 1 OF 3 10/3/96 (The information in this report indicates the dominant soil condition but does not eliminate the need for onsite investigation) Map symbol and soil name 69: Vale 44: Norval Roadfill Sand Gravel Topsoil Fair: low strength Fair: large stones Improbable: excess fines Improbable: excess fines Improbable: excess fines Improbable: excess fines Fair: too clayey, slope Poor: large stones, area reclaim U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE CONSTRUCTION MATERIALS Endnote -- CONSTRUCTION MATERIALS PAGE 2 OF 3 10/3/96 This report gives information about the soils as a source of roadfill, sand, gravel, and topsoil. The soils are rated "Good", "Fair", or "Poor" as a source of roadfill and topsoil. They are rated as a "Probable" or "Improbable" source of sand and gravel. The ratings are based on soil properties and site features that affect the removal of the soil and its use as construction material. Normal compaction, minor processing, and other standard construction practices are assumed. Each soil is evaluated to a depth of 5 or 6 feet. Roadfill is soil material that is excavated in one place and used in road embankments in another place. In this report, the soils are rated as a source of roadfill for low embankments, generally less than 6 feet high and less exacting in design than higher embankments. The ratings are for the soil material below the surface layer to a depth of 5 or 6 feet. It is assumed that soil layers will be mixed during excavating and spreading. Many soils have layers of contrasting suitability within their profile. The report entitled Engineering Index Properties is also available and it provides detailed information about each soil layer. This information can help determine the suitability of each layer for use as roadfill. The performance of soil after it is stabilized with lime or cement is not considered in the ratings. The ratings are based on soil properties, site features, and observed performance of the soils. The thickness of suitable material is a major consideration. The ease of excavation is affected by large stones, a high water table, and slope. How well the soil performs in place after it has been compacted and drained is determined by its strength (as inferred from the engineering classification of the soil) and shrink -swell potential. Soils rated "Good" contain significant amounts of sand or gravel or both. They have at least 5 feet of suitable material, a low shrink -swell potential, few cobbles and stones, and slopes of 15 percent or less. Depth to the water table is more than 3 feet Soils rated "Fair" have more than 35 percent silt- and clay -sized particles and have a plasticity of less than 10. They have a moderate shrink -swell potential, slopes of 15 to 25 percent, or many stones. Depth to the water table is 1 to 3 feet. Soils rated "Poor" have a plasticity index of more than 10, a high shrink -swell potential, many stones, or slopes of more than 25 percent. They are wet, and the depth to the water table is less than 1 foot. These soils may have layers of suitable material, but the material is less than 3 feet thick. Sand and gravel are natural aggregates suitable for commercial use with a minimum of processing. Sand and gravel are used in many kinds of construction. Specifications for each use vary widely. In this report only the probability of finding material in suitable quantity is evaluated. The suitability of the material for specific purposes is not evaluated, nor are factors that affect excavation of the material. The properties used to evaluate the soil as a source of sand or gravel are gradation of grain sizes (as indicated by the engineering classification of the soil), the thickness of suitable material, and the content of rock fragments. Kinds of rock, acidity, and stratification are given in the soil series descriptions. Gradation of grain sizes is given in the Engineering Index Properties report. A soil rated as a "Probable" source has a layer of clean sand and gravel or a layer of sand or gravel that contains up to 12 percent silty fines. This material must be at least 3 feet thick and less than 50 percent, by weight, large stones. All other soils are rated as an "Improbable" source. Coarse fragments of soft bedrock, such as shale and siltstone, are not considered to be sand and gravel. U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE CONSTRUCTION MATERIALS PAGE 3 OF 3 10/3/96 Endnote -- CONSTRUCTION MATERIALS --Continued Topsoil is used to cover an area so that vegetation can be established and maintained. The upper 40 inches of a soil is evaluated for use as topsoil. Also evaluated is the reclamation potential of the borrow area. Plant growth is affected by toxic material and by such properties as soil reaction, available water capacity, and fertility. The ease of excavating, loading, and spreading is affected by rock fragments, slope, a water table, soil texture, and thickness of suitable material. Reclamation of the borrow area is affected by slope, a water table, rock fragments, bedrock, and toxic material. Soils rate "Good" have friable loamy material to a depth of at least 40 inches. They are free of stones and cobbles, have little or no gravel, and have slopes of less than 8 percent. They are low in content of soluble salts, are naturally fertile or respond well to fertilizer, and are not so wet that excavation is difficult. Soils rated "Fair" are sandy soils, loamy soils that have a relatively high content of clay, soils that have only 20 to 40 inches of suitable material, soils that have an appreciable amount of gravel, stones, or soluble salts, or soils that have slopes of 8 to 15 percent. The soils are not so wet that excavation is difficult. Soils rate "Poor" are very sandy or clayey, have less than 20 inches of suitable material, have a large amount of gravel, stones, or soluble salts, have slopes of more than 15 percent, or have a seasonal water table at or near the surface. The surface layer of most soils is generally preferred for topsoil because of it organic matter content. Organic matter greatly increases the absorption and retention of moisture and nutrients for plant growth. U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE CLASSIFICATION OF THE SOILS LYON SUBDIV PAGE 1 OF 1 10/3/96 (An asterisk in the first column indicates that the soil is a taxadjunct to the series. See text for a description of those characteristics that are outside the range of the series) Soil name Family or higher taxonomic class Morval Vale ARIDIC ARGIBOROLLS, FINE -LOAMY, MIXED ARIDIC ARGIUSTOLLS, FINE -SILTY, MIXED, MESIC NATURAL RESOURCES CONSERVATION SERVICE 10/3/96 PHYSICAL PROPERTIES OF SOILS Endnote -- PHYSICAL PROPERTIES OF SOILS --Continued ORGANIC MATTER is the plant and animal residue in the soil at various stages of decomposition. In report J, the estimated content of organic matter is expressed as a percentage, by weight, of the soil material that is less than 2 millimeters in diameter. The content of organic matter in a soil can be maintained or increased by returning crop residue to the soil. Organic matter affects the available water capacity, infiltration rate, and tilth. It is a source of nitrogen and other nutrients for crops. EROSION FACTOR K indicates the susceptibility of the whole soil (including rocks and rock fragments) to sheet and rill erosion by water. Factor K is one of six factors used in the Universal Soil Loss Equation (USLE) to predict the average annual rate of soil loss by sheet and rill erosion in tons per acre per year. The estimates are based primarily on percentage of silt, sand, and organic matter (up to 4 percent) and on soil structure and permeability. Values of K range from 0.05 to 0.69. The higher the value, the more susceptible the soil is to sheet and rill erosion by water. EROSION FACTOR Kf is like EROSION FACTOR K but it is for the fine -earth fraction of the soil. Rocks and rock fragments are not considered. EROSION FACTOR T is an estimate of the maximum average annual rate of soil erosion by wind or water that can occur without affecting crop productivity over a sustained period. The rate is in tons per acre per year. WIND ERODIBILITY GROUPS are made up of soils that have similar properties affecting their resistance to wind erosion in cultivated areas. The groups indicate the susceptibility of soil to wind erosion. Soils are grouped according to the following distinctions: 1. Coarse sands, sands, fine sands, and very fine sands. These soils are generally not suitable for crops. They are extremely erodible, and vegetation is difficult to establish. 2. Loamy coarse sands, loamy sands, loamy fine sands, loamy very fine sands, and sapric soil material. These soils are very highly erodible. Crops can be grown if intensive measures to control wind erosion are used. 3. Coarse sandy loams, sandy loams, fine sandy loams, and very fine sandy loams. These soils are highly erodible. Crops can be grown if intensive measures to control wind erosion are used. 4L. Calcareous loams, silt loams, clay loams, and silty clay loams. These soils are erodible. Crops can be grown if intensive measures to control wind erosion are used. 4. Clays, silty clays, noncalcareous clay loams, and silty clay loams that are more than 35 percent clay. These soils are moderately erodible. Crops can be grown if measures to control wind erosion are used. U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE PHYSICAL PROPERTIES OF SOILS Endnote -- PHYSICAL PROPERTIES OF SOILS --Continued 5. Noncalcareous loams and silt loams that are less than 20 percent clay and sandy clay loams, sandy clays, and hemic soil material. These soils are slightly erodible. Crops can be grown if measures to control wind erosion are used. 6. Noncalcareous loams and silt loams that are more than 20 percent clay and noncalcareous clay loams that are less than 35 percent clay. These soils are very slightly erodible. Crops can be grown if ordinary measures to control wind erosion are used. 7. Silts, noncalcareous silty clay loams that are less than 35 percent clay, and fibric soil material. These soils are very slightly erodible. Crops can be grown if ordinary maoenras tm rnnIcn1_tinA_sr_ncinn_ars__iicadi PAGE 4 OF 4 10/3/96 mur. on is expressed in grams per cubic centimeter of soli material that is less than 2 millimeters in diameter. Bulk density data are used to compute shrink -swell potential, available water capacity, total pore space, and other soil properties. The moist bulk density of a soil indicates the pore space available for water and roots. A bulk density of more than 1.6 can restrict water storage and root penetration. Moist bulk density is influenced by texture, kind of clay, content of organic matter, and soil structure. PERMEABILITY refers to the ability of a soil to transmit water or air. The estimates indicate the rate of downward movement of water when the soil is saturated. They are based on soil characteristics observed in the field, particularly structure, porosity, and texture. Permeability is considered in the design of soil drainage systems, septic tank absorption fields, and construction where the rate of water movement under saturated conditions affects behavior. AVAILABLE WATER CAPACITY refers to the quantity of water that the soil is capable of storing for use by plants. The capacity for water storage is given in inches of water per inch of soil for each major soil layer. The capacity varies, depending on soil properties that affect the retention of water and the depth of the root zone. The most important properties are the content of organic matter, soil texture, bulk density, and soil structure. Available water capacity is an important factor in the choice of plants or crops to be grown and in the design and management of irrigation systems. Available water capacity is not an estimate of the quantity of water actually available to plants at any given time. SHRINK -SWELL POTENTIAL is the potential for volume change in a soil with a loss or gain of moisture. Volume change occurs mainly because of the interaction of clay minerals with water and varies with the amount and type of clay minerals in the soil. The size of the load on the soil and the magnitude of the change in soil moisture content influence the amount of swelling of soils in place. Laboratory measurements of swelling of undisturbed clods were made for many soils. For others, swelling was estimated on the basis of the kind and amount of clay minerals in the soil and on measurements of similar soils. If the shrink -swell potential is rated moderate to very high, shrinking and swelling can cause damage to buildings, roads, and other structures. Special design is often needed. Shrink -swell potential classes are based on the change in length of an unconfined clod as moisture content is increased from air-dry to field capacity. The change is based on the soil fraction less than 2 millimeters in diameter. The classes are "Low," a change of less than 3 percent; "Moderate," 3 to 6 percent; and "High," more than 6 percent. "Very high," greater than 9 percent, is sometimes used. U.S. DEPARTMENT OF AGRICULTURE PAGE 3 OF 4 44: Morval 0-5 ; 22-27 5-17 ; 27-34 17-27 ; 27-34 27-60 ; 20-27 I 1.25-1.40 1.25-1.40 1.25-1.40 1.25-1.40 0.60-2.00 0.13-0.16 Low ;1.0-2.0 0.28 0.28 5 0.20-0.60 ;0.16-0.19:Moderate ;0.5-1.0; 0.24; 0.24; 0.20-0.60 ;0.13-0.16:Moderate ;0.5-1.0: 0.15; 0.24: 0.60-2.00 ;0.10-0.13:Low ;0.0-0.5; 0.24; 0.43; 1 1 1 I 1 I 1 1 1 1 I 1 4L 86 U.S. DEPARTMENT OF AGRICULTURE PAGE 2 OF 4 NATURAL RESOURCES CONSERVATION SERVICE 10/3/96 PHYSICAL PROPERTIES OF SOILS Endnote -- PHYSICAL PROPERTIES OF SOILS This report shows estimates of some characteristics and features that affect soil behavior. These estimates are given for the major layers of each soil in the survey area. The estimates are based on field observations and on test data for these and similar soils. CLAY as a soil separate consists of mineral soil particles that are less than 0.002 millimeter in diameter. In this report, the estimated clay content of each major soil layer is given as a percentage, by weight, of the soil material that is less than 2 millimeters in diameter. The amount and kind of clay greatly affect the fertility and physical condition of the soil. They determine the ability of the soil to adsorb cations and to retain moisture. They influence shrink -swell potential, permeability, plasticity, the ease of soil dispersion, and other soil properties. The amount and kind of clay in a soil also affect tillage and earthmoving operations. MOIST BULK DENSITY is the weight of soil (ovendry) per unit volume. Volume is measured when the soil is at field moisture capacity, the moisture content at 1/3 bar moisture tension. Weight is determined after drying the soil at 105 degrees C. In this report, the estimated moist bulk density of each major soil A "Perched" water table is water standing above an unsaturated zone. In places an upper, or "Perched", water table is separated from a lower one by a dry zone. Only saturated zones within a depth of about 6 feet are indicated. Ponding is standing water in a closed depression. The water is removed only by deep percolation, transpiration, evaporation, or a combination of these processes. This report gives the depth and duration of ponding and the time of year when ponding is most likely. Depth, duration, and probable dates of occurrence are estimated. Depth is expressed as the depth of ponded water in feet above the soil surface. Duration is expressed as "Very brief" if less than 2 days, "Brief" if 2 to 7 days, "Long" if 7 to 30 days, and "Very long" if more than 30 days. The information is based on the relation of each soil on the landscape to historic ponding and on local information about the extent and levels of ponding. U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE PHYSICAL PROPERTIES OF SOILS LYON SUBDIV PAGE 1 OF 4 10/3/96 (Entries under "Erosion factors --T" apply to the entire profile. Entries under "Wind erodibility group" and "Wind erodability index" apply only to the surface layer) Map symbol and soil name Depth Clay ; Moist ; Permea- bulk bility density Available water capacity Shrink - swell potential ;Erosion factors:Wind Organic; ;erodi- matter; ; ;bility K Kf ; T ;group Wind erodi- bility index 69: Vale In 0-7 7-11 11-9F Pct ; g/cc In/hr 20-27 1.15-1.30 0.60-2.00 20-27;1.15-1.30; 0.60-2.00 97 -idyl 15-1 in' n 7n -n f,n In/in Pct 0.15-0.18 Low 2.0-4.0 0.32 0.15-0.18 Low 1.0-2.0; 0.37 n 17-0 901Mnriarata !0 5-I 0' 0 72 0.32 5 0.37; n i9t 6 48 aeep, crainea or Well uIdirieu quit LiidL have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. Group "C". Soils having a slow infiltration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils of moderately fine texture or fine texture. These soils have a slow rate of water transmission. Group "D". Soils having a very slow infiltration rate (high runoff potential) when thoroughly wet. These consist chiefly of clays that have a high shrink -swell potential, soils that have a permanent high water table, soils that have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material. These soils have a very slow rate of water transmission. If a soil is assigned to two hydrologic groups in this report, the first letter is for drained areas and the second is for undrained areas. Flooding, the temporary inundation of an area, is caused by overflowing streams, by runoff from adjacent slopes, or by tides. Water standing for short periods after rainfall or snowmelt is not considered flooding, nor is water in swamps and marshes. This report gives the frequency and duration of flooding and the time of year when flooding is most likely. Frequency, duration, and probable dates of occurrence are estimated. Frequency is expressed as "None, "Rare", "Occasional", and "Frequent". "None" means that flooding is not probable; "Rare" that it is unlikely but possible under unusual weather conditions; "Occasional" that it occurs, on the average, once or less in 2 years; and "Frequent" that it occurs, on the average, more than once in 2 years. Duration is expressed as "Very brief" if less than 2 days, "Brief" if 2 to 7 days, "Long" if 7 to 30 days, and "Very long" if more than 30 days. The information is based on evidence in the soil profile, namely thin strata of gravel, sand, silt, or clay deposited by floodwater; irregular decrease in organic matter content with increasing depth; and absence of distinctive horizons that form in soils that are not subject to flooding. Also considered are local information about the extent and levels of flooding and the relation of each soil on the landscape to historic floods. U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE WATER FEATURES Endnote -- WATER FEATURES --Continued PAGE 3 OF 3 10/3/96 Information on the extent of flooding based on soil data is less specific than that provided by detailed engineering surveys that delineate flood -prone areas at specific flood frequency levels. High water table (seasonal) is the highest level of a saturated zone in the soil in most years. The depth to a seasonal high water table applies to undrained soils. The estimates are based mainly on the evidence of a saturated zone, namely grayish colors or mottles in the soil. Indicated in this report are the depth to the seasonal high water table; the kind of water table, that is, "Apparent", "Artesian", or "Perched"; and the months of the year that the water table commonly is high. A water table that is seasonally high for less than 1 month is not indicated in this report. An "Apparent" water table is a thick zone of free water in the soil. It is indicated by the level at which water stands in an uncased borehole after adequate time is allowed for adjustment in the surrounding soil. An "Artesian" water table exists under a hydrostatic beneath an impermeable layer. When the impermeable layer has been ti„ ..,ro,4 h„rah„ie rho actor ricoc rho final tonal of tho watar in tha rasad hnrahnla is characterized d.s U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE WATER FEATURES Endnote -- WATER FEATURES PAGE 2 OF 3 10/3/96 This report gives estimates of various soil water features. The estimates are used in land use planning that involves engineering considerations. Hydrologic soil groups are used to estimate runoff from precipitation. Soils not protected by vegetation are assigned to one of four groups. They are grouped according to the infiltration of water when the soils are thoroughly wet and receive precipitation from long -duration storms. The four hydrologic soil groups are: Group " A". Soils having a high infiltration rate (low runoff potential) when thoroughly wet. These consist mainly of deep, well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission. Group "8". Soils having a moderate infiltration rate when Fl.n.n,61., ,.,n+ Tknon nnnr, rf nhinflu of mn.inroknln soiutlon. CEL is a measure of the ability of a Buil lu irta1n cations, some ul wnicn die plant nutrients. Soils with low CEC hold few cations and may require more frequent applications of fertilizers than soils with high CEC. Soils with high CEC have the potential to retain cations, thus reducing the possibility of pollution of ground water. SOIL REACTION is a measure of acidity or alkalinity and is expressed as a range in pH values. The range in pH of each major horizon is based on many field tests. For many soils, values have been verified by laboratory analyses. Soil reaction is important in selecting crops and other plants, in evaluating soil amendments for fertility and stabilization, and in determining the risk of corrosion. CALCIUM CARBONATE is the percentage by weight of calcium carbonate in the fine -earth material, less than 2 millimeters in size. GYPSUM is the percentage by weight of hydrated calcium sulfates 20 millimeters or smaller in size, in the soil. SALINITY is a measure of soluble salts in the soil at saturation. It is expressed as the electrical conductivity of the saturation extract, in millimhos per centimeter at 25 degrees C. Estimates are based on field and laboratory measurements at representative sites of nonirrigated soils. The salinity of irrigated soils is affected by the quality of the irrigation water and by the frequency of water application. Hence, the salinity of soils in individual fields can differ greatly from the value given in the report. Salinity affects the suitability of a soil for crop production, the stability of soil if used as construction material, and the potential of the soil to corrode metal and concrete. SODIUM ADSORPTION RATIO (SAR) expresses the relative activity of sodium ions in exchange reactions in the soil. SAR is a measure of the amount of sodium relative to calcium and magnesium in the water extract from saturated soil paste. U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE Map symbol and soil name Hydro- logic group PAGE 1 OF 3 10/3/96 WATER FEATURES LYON SUBDIV Flooding High water table and ponding Frequency Duration Months Water table depth Kind of water table Months Maximum Ponding ; ponding duration depth 69: Vale 44: Norval 8 None 8 None Ft >6.0 >6.0 Ft , 11-2i 21-.;4;10.0-20.0; 1.4-6,4 , J-1) ; --- 27-60 ; 20-27; 5.0-15.0; 7.4-8.4 ; 15-25 ; --- 0-2 U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE CHEMICAL PROPERTIES OF THE SOILS PAGE 2 OF 2 10/3/96 Endnote -- CHEMICAL PROPERTIES OF THE SOILS This report shows estimates of some characteristics and features that affect soil behavior. These estimates are given for the major layers of each soil in the survey area. The estimates are based on field observations and on test data for these and similar soils. CLAY as a soil separate consists of mineral soil particles that are less than 0.002 millimeter in diameter. In this report, the estimated clay content of each major soil layer is given as a percentage, by weight, of the soil material that is less than 2 millimeters in diameter. The amount and kind of clay greatly affect the fertility and physical condition of the soil. They determine the ability of the soil to adsorb cations and to retain moisture. They influence shrink -swell potential, permeability, and plasticity, the ease of soil dispersion, and other soil properties. The amount and kind of clay in a sail also affect tillage and earthmoving operations. CATION EXCHANGE CAPACITY (CEC) is the total amount of cations held in a soil in such HABITAT FOR WETLAND WILDLIFE consists of open, marshy or swampy shallow water areas. Some of the wildlife attracted to such areas are ducks, geese, herons, shore birds, muskrat, mink, and beaver. HABITAT FOR RANGELAND WILDLIFE consists of areas of shrubs and wild herbaceous plants. Wildlife attracted to rangeland include antelope, deer, sage grouse, meadowlark, and lark bunting. U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE CHEMICAL PROPERTIES OF THE SOILS LYON SUBDIV PAGE 1 OF 2 10/3/96 Map symbol ; Depth and soil name 69: Vale Clay ; Cation - ;exchange ;capacity Soil reaction Calcium ; Gypsum carbonate Salinity Sodium adsorption ratio In Pct 0-7 ; 20-27 7-11 i 20-27 11-26 27-34 26-60 20-27 44: Morval ; 0-5 22-27 . 5-17 . 27-34 meq/100g 10.0-25.0 10.0-20.0 10.0-20.0 5.0-15.0 pH 6.6-7.3 6.6-7.3 6.6-7.8 7.9-8.4 10.0-20.0; 7.4-7.8 10.0-20.0' 7.4-8.4 Pct 0-5 5-15 Pct 0-5 1-10 --- mmhos/cm 0-2 0-2 0-2 0-2 ir,possibie. The elements of wildlife habitat are described in the following paragraphs. GRAIN AND SEED CROPS are domestic grains and seed -producing herbaceous plants. Soil properties and features that affect the growth of grain and seed crops are depth of the root zone, texture of the surface layer, available water capacity, wetness, slope, surface stoniness, and flood hazard. Soil temperature and soil moisture are also considerations. Examples of grain and seed crops are corn, wheat, oats, and barley. GRASSES AND LEGUMES are domestic perennial grasses and herbaceous legumes. Soil properties and features that affect the growth of grasses and legumes are depth of the root zone, texture of the surface layer, available water capacity, wetness, surface stoniness, flood hazard, and slope. Soil temperature and soil moisture are also considerations. Examples of grasses and legumes are fescue, lovegrass, bromegrass, clover, and alfalfa. WILD HERBACEOUS PLANTS are native or naturally established grasses and forbs, including weeds. Soil properties and features that affect the growth of these plants are depth of the root zone, texture of the surface layer, available water capacity, wetness, surface stoniness, and flood hazard. Soil temperature and soil moisture are also considerations. Examples of wild herbaceous plants are bluestem, goldenrod, beggarweed, wheatgrass, and grama. HARDWOOD TREES and woody understory produce nuts or other fruit, buds, catkins, twigs, bark, and foliage. Soil properties and features that affect the growth of hardwood trees and shrubs are depth of the root zone, available water capacity, and wetness. Examples of these plants are oak, poplar, cherry, sweetgum, apple, hawthorn, dogwood, hickory, blackberry, and blueberry. Examples of fruit -producing shrubs that are suitable for planting on soils rated are Russian -olive, autumn -olive, and crabapple. CONIFEROUS PLANTS furnish browse and seeds. Soil properties and features that affect the growth of coniferous trees, shrubs, and ground cover are depth of the root zone, available water capacity, and wetness. Examples of coniferous plants are pine, spruce, fir, cedar, and juniper. SHRUBS are bushy woody plants that produce fruit, buds, twigs, bark, and foliage. Soil properties and features that affect the growth of shrubs are depth of the root zone, available water capacity, salinity, and soil moisture. Examples of shrubs are mountainmahogany, bitterbrush, snowberry, and big sagebrush. U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE WILDLIFE HABITAT Endnote -- WILDLIFE HABITAT --Continued PAGE 3 OF 3 10/3/96 WETLAND PLANTS are annual and perennial wild herbaceous plants that grow on moist or wet sites. Submerged or floating aquatic plants are excluded. Soil properties and features affecting wetland plants are texture of the surface layer, wetness, reaction, salinity, slope, and surface stoniness. Examples of wetland plants are smartweed, wild millet, wildrice, saltgrass, cordgrass, rushes, sedges, and reeds. SHALLOW WATER AREAS have an average depth of less than 5 feet. Some are naturally wet areas. Others are created by dams, levees, or other water -control structures. Soil properties and features affecting shallow water areas are depth to bedrock, wetness, surface stoniness, slope, and permeability. Examples of shallow water areas are marshes, waterfowl feeding areas, and ponds. The habitat for various kinds of wildlife is described in the following paragraphs. HABITAT FOR OPENLAND WILDLIFE consists of cropland, pasture, meadows, and areas that are overgrown with grasses, herbs, shrubs, and vines. These areas produce grain and seed crops, grasses and legumes, and wild herbaceous plants. Wildlife attracted to these areas include bobwhite quail, pheasant, meadowlark, field sparrow, cottontail, and red fox. HABITAT FOR WOODLAND WILDLIFE consists of areas of deciduous plants or coniferous plants or both and associated grasses, U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE WILDLIFE HABITAT Endnote -- WILDLIFE HABITAT PAGE 2 OF 3 10/3/96 Soils affect the kind and amount of vegetation that is available to wildlife as food and cover. They also affect the construction of water impoundments. The kind and abundance of wildlife depend largely on the amount and distribution of food, cover, and water. Wildlife habitat can be created or improved by planting appropriate vegetation, by maintaining the existing plant cover, or by promoting the natural establishment of desirable plants. In this report the soils are rated according to their potential for providing habitat for various kinds of wildlife. This information can be used in planning parks, wildlife refuges, nature study areas, and other developments for wildlife; in selecting soils that are suitable for establishing, improving, or maintaining specific elements of wildlife habitat; and in determining the intensity of management needed for each element of the habitat. The potential of the soil is rated "Good," "Fair," "Poor," or "Very poor." A rating of "Good" indicates that the element or kind of habitat is easily established, improved, or maintained. Few or no limitations affect management, and satisfactory results can be expected. A rating of "Fair" indicates that the element or kind of habitat can be established, improved, or maintained in most places. Moderately intensive management is required for satisfactory results. A rating of "Poor" indicates that limitations are severe for the designated element or kind of habitat. Habitat can be created, improved, or maintained in most places, but management is difficult and must be intensive. A rating of "Very poor" indicates that restrictions for the element or kind of habitat are very severe and that • A rmainfmininn hahiff is imnrartiral nr 0 •• • T 3> v m 0 70 70 0 < 70 0- CO '0 1 C o w r• -G P•-• B 0 Cu 0 1 1 CO n to 0 CO CO -S 0 O (D O Co 0_ D (n O .< m C=1 < v z o G) 0 0 0 v v 1 W -1 F N (O o (O 0 n. ,n 0 1 (-> 1.--▪ • (O 0 CO -s O 7 0 • e -r 0 -I. (n LA , -p C o v m O O 70 0 < 7C7 { 0 •O m CZ) 0 70 • 0 -< 70 O -o O 0 O 0 O o i -p C O -o m O 00 21 70 70 T •, a r••, 7o 8 (o d CO CO 1 7 -i r- N a ( (5 0 O ,CO (0 1 a 11 C CD 0 s1uamala 3e31gey MICA se jetqua30d 0 4- r (7 r- • 1-1 .-- • T o m G COa O CP .< -I a DIAa3S NOI1VAb3SNOO JO 1N3W18 d30 a O r rn P.O. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 Z4PK4NELL4 4Nn /.1550CI4TES ENGINEERING CONSULT4NT5 November 22, 1996 Mr. James Lyons 7775 County Road 301 Parachute, CO 81635 Re: Lyons Property - Well Pump Test Dear Mr. Lyons: (970) 945-5700 (970) 945-1253 Fax At your request, Zancanella and Associates, Inc. has completed a pump test on the well currently used at your residence. The purpose of the test was to determine if the well has sufficient yield to supply an additional two residences for the proposed exempt subdivision of your property. The well is located in the SW1/4 of the NW1/4 of Section 5, Township 7 South, Range 94 West of the 6th P.M. The well can be plotted 2,600 feet from the North section line and 700 feet from the West section line. The approximate location of the well and property are shown on the attached site map (Figure 1). The pump test was conducted on November 11, 1996. The depth of the well is approximately 300 -feet with the existing pump set at 280 -feet. The static water level was measured 151.1' below the top of the casing. At the current water level there is approximately 129 -feet of available drawdown (280 - 151). The well was tested at a pumping rate of approximately 4 gallons per minute (gpm) and was pumped continuously for a 4 hour period. Drawdown and time data collected during the test is presented in the attached Table 1. We have plotted the drawdown vs. time curve for the well which is illustrated on the attached Figure 2. As can be seen from Table 1 and Figure 2, the well drawdown was approximately 3' feet in the first hour of testing and then increased to 4 feet by the end of the 4 -hour test. When pumped, the well showed continuous drawdown with time and did not stabilize (remain at a fixed level). However, the drawdown only increased by 0.13 feet over the last hour of pumping. The Office of the State Engineer's Water Well Construction Rules (Rule 14.2) defines "well yield test: the yield of a well shall be determined as a stabilized production rate where the withdrawal rate and the drawdown do not change by more than 10% during the last hour of the test". At a pumping rate of 4 gpm, the change in the drawdown was 3%. The pumping level at a rate of 4 gpm stayed well above the pump intake during the pumping test and only utilized approximately 3% of the available drawdown (4.2 feet /129 feet). By the state's definition, the stabilized well yield for the pump test was at least 4 gpm. Recovery data (water levels) were collected for a 1 -hour period after pumping was terminated. The recovery data is presented in Table 2. The recovery plotted as residual drawdown is shown in Figure 3. Based on the residual drawdown curve, the well displayed normal recharge characteristics. The well was showing a steady recharge through the end of the recovery monitoring period. The water level was projected to return to "pre -pumping" conditions based on the slope of the residual drawdown curve. Based on the results of the pump test, we believe the current well has sufficient yield to supply the three proposed Tots. Under current Garfield County regulations a minimum supply from a well must be 350 gallons per day per residence for a exempt subdivision. The results of the pump test indicate the current yield is greater than the minimum requirements. While the well is capable of providing the average daily requirements for all three residences, peak demands on the system will need to be addressed by an on-site storage tank. We recommend a minimum of 1500 gallons of storage. This will provide a buffer if the well pump was to fail. The pump test yield represents the short term ability of the aquifer and constructed well to meet the water demands. The long term yield of the underlying aquifer is dependent on the geologic conditions and the available recharge from the hydrologic cycle. Periods during drought conditions (low recharge) might require conservation measures and monitoring of the well to ensure proper management of this resource. Additional water supply information will most likely be required by the county prior to subdivision approval. The additional information which will likely be required includes the development of a well sharing agreement and water quality testing. The agreement should be prepared by an attorney and most likely will outline costs to be shared by the lot owners for operation, maintenance, and replacement of the well and water supply system. Water quality tests should be conducted to test for bacteria and nitrates. We can could coordinate testing at your request. Your well is currently permitted as an exempt well registered with the Division of water resources under Permit No. 110037. A exempt well on a parcel of land greater than 35 acres is limited to serving up to three single-family residences and the irrigation of one acre. We recommend comparing the cost of constructing supply lines from the existing well versus constructing new wells on the two additional lots. By relinquishing the existing exempt well permit, new well permits could be acquired for three wells, but would most likely limit the wells to in-house uses with no outside irrigation uses. Serving the exempt subdivision with three in -house -use -only wells would eliminate the need for on-site storage, assuming the wells are capable of supplying the individual home peak demands. Outside irrigation needs can be provided from your existing ditch system. If you have any questions, please feel free to contact our office at 945-5700. Very truly yours, Zancanella and Associates, Inc. —Tito vt' eee A �<.e vt.cia.►- co.1 Its Thomas A. Zancanella, P.E. President TAZ/j m w/encl CC: Mr. Samuel Phelps 96340\welrpt.wpf GLENWOOD SPRINGS 37 MI. RIFLE 9 M/. 251 RULISON QUADRANGLE COLORADO—GARFIELD CO. 63 7.5 MINUTE SERIES (TOPOGRAPHIC) kq 252 107°52'30" t39°30 ' 400 o 6067— 56<3,� 1i7 n i % u: 0 /v 4375 610 00( FEET L. it T. 6 5. T. 7 S. 4373 4372 27'30" Figure 1 • Lyons Den Well Location Map Zancanella & Associates. #963240 11/96 TABLE 1 Lyons Well #1 PUMPING TEST DATA WATER DRAW DATE TIME LEVEL DOWN t t' t/t' Q COMM. (ft) (ft) (min) (min) (gpm) 11 -Nov -96 10:38 AM 151.08 0 0 11 -Nov -96 10:39 AM 153.50 2.42 1 4 11 -Nov -96 10:40 AM 153.25 2.17 2 11 -Nov -96 10:41 AM 152.92 1.83 3 11 -Nov -96 10:42 AM 153.00 1.92 4 11 -Nov -96 10:43 AM 153.08 2.00 5 11 -Nov -96 10:44 AM 153.58 2.50 6 11 -Nov -96 10:45 AM 154.33 3.25 7 11 -Nov -96 10:46 AM 154.00 2.92 8 11 -Nov -96 10:47 AM 154.42 3.33 9 11 -Nov -96 10:48 AM 154.33 3.25 10 11 -Nov -96 10:50 AM 154.33 3.25 12 4 11 -Nov -96 10:52 AM 154.58 3.50 14 11 -Nov -96 10:54 AM 154.58 3.50 16 11 -Nov -96 10:58 AM 154.67 3.58 20 11 -Nov -96 11:03 AM 154.71 3.63 25 11 -Nov -96 11:08 AM 154.75 3.67 30 4.25 11 -Nov -96 11:18 AM 154.83 3.75 40 11 -Nov -96 11:28 AM 154.50 3.42 50 4 11 -Nov -96 11:38 AM 154.75 3.67 60 4 11 -Nov -96 11:53 AM 154.83 3.75 75 11 -Nov -96 12:08 PM 154.92 3.83 90 4 11 -Nov -96 12:38 PM 154.96 3.88 120 11 -Nov -96 01:08 PM 155.08 4.00 150 4 11 -Nov -96 01:38 PM 155.13 4.04 180 11 -Nov -96 02:08 PM 155.17 4.08 210 11 -Nov -96 02:38 PM 155.25 4.17 240 TABLE 2 Lyons Well #1 RECOVERY TEST DATA WATER DRAW DATE TIME LEVEL DOWN t t' t/t' (ft) (ft) (min) (min) 11 -Nov -96 02:41 PM 155.25 4.17 243 0 4367.0 11 -Nov -96 02:42 PM 153.33 2.25 244 1 244.0 11 -Nov -96 02:43 PM 152.67 1.58 245 2 122.5 11 -Nov -96 02:44 PM 152.33 1.25 246 3 82.0 11 -Nov -96 02:45 PM 152.13 1.04 247 4 61.8 11 -Nov -96 02:46 PM 152.00 0.92 248 5 49.6 11 -Nov -96 02:47 PM 151.96 0.88 249 6 41.5 11 -Nov -96 02:48 PM 151.92 0.83 250 7 35.7 11 -Nov -96 02:49 PM 151.88 0.79 251 8 31.4 11 -Nov -96 02:50 PM 151.83 0.75 252 9 28.0 11 -Nov -96 02:51 PM 151.83 0.75 253 10 25.3 11 -Nov -96 02:53 PM 151.77 0.69 255 12 21.3 11 -Nov -96 02:55 PM 151.75 0.67 257 14 18.4 11 -Nov -96 02:57 PM 151.71 0.63 259 16 16.2 11 -Nov -96 03:01 PM 151.67 0.58 263 20 13.2 11 -Nov -96 03:06 PM 151.63 0.54 268 25 10.7 11 -Nov -96 03:11 PM 151.58 0.50 273 30 9.1 11 -Nov -96 03:21 PM 151.54 0.46 283 40 7.1 11 -Nov -96 03:31 PM 151.50 0.42 293 50 5.9 11 -Nov -96 03:41 PM 151.46 0.38 303 60 5.1 a 0 10 N 0 (}aaj) uMopmala Total Depth 150' O O O O o m r � c m E 0 c O L 0 CD 73 730— (/) O� N J O U a) tl. 1 0 U) 0 Lf) 0 LC) 0 N '4) O N '4) 1 1 I (Taal) UMopMeaa O O O O V- Q) L 0) LL SEr-LLITR DI'' 5 TEL Dec 26 96 14:51 No.002 P.03 Permit No, 110004 Page 2 James P. & Ilse Lyons Pursuant to Policy Memorandum 93-4, the conditions of approval of permit no. 110004 are changed to: 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief In a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(1I)(A) as the only well on a tract of land of 55.71 acres described as the SW 1/4, NW +/4, Sec. 5, and that portion of the SE 1/4, NW 1/4, Sec. 5, all In Twp. 7 South, Rng. 94 West of the 6th P.M., Garfield County, being more particularly described on the exhibit A attached to the well permit file, 4) The use of ground water from this well Is limited to fire protection, ordinary household purposes inside three (3) single family dwellings, tho irrigation of not more than one acre of home gardens and lawns, and the watering of poultry, domestic animals, and livestock on a farm or ranch. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The return flow from the use of the well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 7) This well shall be located not more than 200 feet from the location specified on this permit. �.7) 11-19 �r< SEO-WTR DI) 5 WRJ-5-Rev,'76 Application must be complete where applicable, Type or print in BLACK INK. No overstrikes or erasures unless initialed, TEL Dec 26 96 14:5a No.002 P.04 COLORADO DIVISION OF WATER RESOL 1 S 818 Centennial Bldg,, 1313 Sherman St., Denver, Color o 80203 PERMIT APPLICATION FOR (A) A PERMIT TO USE GROUND WATER ( X) A PERMIT TO CONSTRUCT A WELL FOR: (x 1 A PERMIT TO INSTALL A PUMP ( ) REPLACEMENT FOR NO. ( ) OTHER WATER COURT CASE NO. RECEIVED AUG 1 3 1979 WATER RESOURCES NATE EN8(j (1) APPLICANT - mailing address \11-13 NAMED' STREET ,r,ENv.JOOD 511 5 CITY.- (atatn) TELEPHONE NO. r7 q•S.3 76 .R . CIL. (Zip) (2) LOCATION OF PROPOSED WELL YP AN All Lail% of the %, Section 5 AT procr a + /414NNJ9y Twp. 7 S , Rng, _ — 4.ta IN,S) I F,W) P.M, (3) WATER USE AND WELL DATA Prnr,cised maximum pumping rate (gpm) Average annual amount of ground water to be appropriated (acre-feet): Number of acres to he irrigated: Proposed total depth (feet) : Esttr eTi— Aquifer ground water is to be obtained from: f o o FT. Owner's well designation Ark E}WAlo 11,4ar1— GROUND WATER TO BE USED FOB) ( J() HOUSEHOLD USE ONLY - no irrigation (0) l 1 DOMES1IC (1) ( ) INDUS1 R.IAL (5) (X 1 LIVESTOCK (21 ( ) IRRIGATION (6) ( ) COMMERCIAL (h) ( ) MUNICIPAL_ (8( ( 1 OTHER (9) DETAIL. TILE USE ON BACK IN (11) (4) DRILLER N uile MI C luek,. PRI 1111 Slrcet city mouTtose , Telephone No. • :Lox, f3 W (n(A , dJ. (Stale) .249-, AOI Lic. No (zip) q41 FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No..4 /.3i Bashi Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. APPROV PURSUANT TO CRS 1973, 37-92-602 (3) (b) (I I) AS THE ONLY WEIR, ON A TRACT OF 35 ACRES OR MORE DESIGNATED AS SS ACMES IN /Vi / y S‘- c,� 7 r 4-1 42, �, 4 .APPROVED FOR DOMESTIC USE, INCLUDING THE IRRIGATION OF NOT OVER ONE ACRE OF HOME GAaDvr$ AND LAWNS, APPROVED PURSUANT TO CRS 1973, 37-92-60€ FOR THE WATERING OF LIVESTOCK ON A FAR)L OR RANCH. Conditions of approval continued on page 2. c} -D h'1 'I - 9‘, APPLICATION APPROVED PERMIT NUMBER 110004 DATE ISSUED _.. AUG 211 1979 I,D, COUNTY SED–I-tITR DIV 5 TEL :303-945-5565 Dec 26 96 14:55 No .007 P z .- //)C2 ) - (5) THE LOCATION OF THE PROPOSED AE,LL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. + _.— . H — + - -- - } .. - — I -i- - 4 NORTH4_ }- — 1 MILE. S7t10 f=EET --- fl WEST SECTION LINE 1 -I- NOltIl1 :AC iron/ L1NE SOUTH SFCTION LINE -4 31UI1 NOI1D3S 1SV3 _J- The scale of the diayrarn it 7 inches _ 1 ,Tile Filch small square ropresents 40 acres, (6) THE WELLMUST BE LOCATED BELOW by distances from section lines. ,2166("A ft. from jV g7A_ (north or south) ft,'from W Pv�1 (oast or west) LOT BLOCK __..._..^__.FILING w SUBDI VISION sec. line sec. line (7) TRACT ON WHICH WELL WILL, .BE LOCATED Owner-', Pru) D,-A.fLi_/ ic(.sD, No, of acres 6r . Will t)i. Q6c the only well (0n this tract? Yt'5 (B) PROPOSED) CASING ;;OGRAM Plain Casing 7 in. from 4 ft. to.._ . 76.1 ft. — in from _O__ft to t t Perforated casing 6-7 in. from .7.5.._ ft. to /Qo in from ft to ft ft WATER ECJI.J r,ttr,;Is 1nH1F f.,guresl AA acr r,i font misters 1 Arae nI land 1 1001 rierh 1 cubic foot per second (cfsl 41g gallons per rrirnule (gpm) A family of 5 will require appror,nialely 1 arse fnor of wale, per yea. 1 acre-foot , . 41,5G0 cubic feet . 325,900 gallons. 1,000 gpm pumped oonrintrously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLS givedistanc.e and direction from Old well and plans for plugging it: (10) SAND ON WHICH GROUND WATER WILL 13E USED: FAO D AN J JYJ Q1 P. r4 Owner(s) : Legal description: T:r.V41i10.. .ra1 f't4i` 4—• G� (ra OId (11) DETAILED DESCRIPTION Of the usi' of gro n watr.r: ousehald sy tam to be used. l µa4Ys sr _�fci_sT e14 Np, of itc:res: J�Je-�Ta r %� P.M. SPA N&I i Arid SII 7ltArpr-r raF 714-5tvv1VW�'( • 1 T r..r use and �lom stlwelfs must indicate type of disposal T Ty sritociAAr ds •. (12) OTHER WATER RIGHTS Type or right _.}` J`-ee. f1.1_ .........��. � ..! c' l�lf L- �' d4�.... used on (his land, including wells. Clive Registration and Water Court Case Numbers. Used for (purpose) f]cscription of land on which used (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BES OF HIS KNOWLEDGE. Tom. rC',• _. SIGNATURE OF APPL/CANT(S) 11,... or1A:r L,,, of rl,nnrr r,s ;< • -70) 249 55 1 )2 Ck?U FELT GLENWOOD SPRINGS 37 MI. - / RIFLE 9 Ml. i - Planl,/ / 529 5, + — 5724 5565 5600 1/, 01 251 RULISON QUADRANGLE COLORADO-GARFIELD CO. 7.5 MINUTE SERIES (TOPOGRAPHIC) 252 107°52'30 28 ;KO 5400 rI c3 7 (\ / / // •. .WWW / 1,�., I ti 6000✓ / 4 6240 • 800 r. � v,B V Sl;Jog.)-• houpt ° 67,54 7ii73' / 6600_ 1000V 70681- - 4373 4372 2 7'3 / 4371 j 4370 Reception No. 447562 562 Rftorded at o'clock p Recorder. MAY -1-8-1001 BOOK 862c;819 - THIS DEED, Madc this J. RANDY WILSON QUIT CLAIM DEED 17TH day of MAY , 1993 , between of the said County of GARFIELD and State of COLS. ?.ADO , grantor, and ILSE LYONS AND JAMES P. LYONS MAY 18 1993 GARFIELD Stoke Doc. Far c �p whose legal address is 0605 LIONS RIDGE ROAD, CARBONDALE, CO 81623 of the said County of GARFIELD and State of COLORADO ,grantee: WITNESS, that the grantor, for and in consideration of the sum of good and valuable consideration and ten DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed, and QUIT CLAIMED, and by these presents, do remise, release, sell, convey and Quit Claim unto the grantee, his heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the grantor has in and to the real property, together with improvements, if any, situate, lying and being in the said County of GARFIELD and State of Colorado described as follows: ANY AND ALL WATER AND WATER RIGHTS, DITCHES AND DITCH RIGHTS, WELL AND WELL RIGHTS, HISTORICALLY USED UPON OR IN CONNECTION WITH THAT CERTAIN REAL PROPERTY DESCRIBED HEREIN, SPECIFICALLY INCLUDING WITHOUT LIMITATION ANY AND ALL WELL AND WELL RIGHTS USED FOR DOMESTIC, LIVESTOCK AND IRRIGATION OF 1 ACRE OF LAND DESCRIBED IN WELL PERMIT NUMBER 110004. TOWNSHIP 7 SOUTH, RANGE 94 WEST OF THE 6TH P.M. SECTION 5: SW1/4NW1/4 and all that part of the SE1/4NW1/4 lying Westerly of the County Road. EXCEPTING therefrom a reservoir site and Ditch rights of way as reserved in Deed recorded June 2, 1914, in Book 93 at Page 350. COUNTY OF GARFIELD STATE OF COLORADO as known by street and number as: TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in any- wise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantee, his heirs an,: assigns forever. The singular number shall include the plural, the plural and the singular, and the use of any gender shall he apl.;,cable t. ,ill genders. IN Wil `oS WIUEREOF, the grantor has executed this deed on the date set forth above. 1 RANDY WIL State of COLORADO ) ss. County of GARFIELD ) The foregoing instrument was acknowledged before me this by J. Randy Wilson 1(kY D4 oR expires CINDY �i HUGHES i ,O5 ala 1 " -.•........•.61 .% t Slew • •'�, �. • ,•_ - File No. 93021235 C-2 No.933 `,. \P i 17TH day of MAY ,19 93 , 051795 . Witness my hand and official seal. Notary Pub & O Q ly star► 4 err rC N O r0 0 Reception No. 447562 Recorded at __ /�. /E, clock Recorder. BOOK 862?1G; 819 QUIT CLAIM DEED THIS DEED, Madc this 17TH day of MAY , 1993 , between J. RANDY WILSON of the said County of GARFIELD and State of COLORADO ILSE LYONS AND JAMES P. LYONS whose legal address is 0605 LIONS RIDGE ROAD, CARBONDALE, CO 81623 of the said County of GARFIELD and State of COLORADO , grantor, and , grantee: MAY 18 1993 GARFIELD Siete Doc. FOS $ WITNESS, that the grantor, for and in consideration of the sum of good and valuable consideration and ten DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed, and QUIT CLAIMED, and by these presents, do remise, release, sell, convey and Quit Claim unto the grantee, his heirs, successors and assigns, torever, all the right, title, interest, claim and demand which the grantor has in and to the real property, together with improvements, if any, situate, lying and being in the said County of GARFIELD and State of Colorado described as follows: ANY AND ALL WATER AND WATER RIGHTS, DITCHES AND DITCH RIGHTS, WELL AND WELL RIGHTS, HISTORICALLY USED UPON OR IN CONNECTION WITH THAT CERTAIN REAL PROPERTY DESCRIBED HEREIN, SPECIFICALLY INCLUDING WITHOUT LIMITATION ANY AND ALL WELL AND WELL RIGELS USED FOR DOMESTIC, LIVESTOCK AND IRRIGATION OF 1 ACRE OF LAND DESCRIBED IN WELL PERMIT NUMBER 110004. TOWNSHIP 7 SOUTH, RANGE 94 WEST OF THE 6TH P.M. SECTION 5: SW1/4NW1/4 and all that part of the SE1/4NW1/4 lying Westerly of the County Road. EXCEPTING therefrom a reservoir site and Ditch rights of way as reserved in Deed recorded June 2, 1914, in Book 93 at Page 350. COUNTY OF GARFIELD STATE OF COLORADO as known by street and number as: TO IIAVE AND TO IIOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in any- wise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantee, his heirs and assigns forever. The singular number shall include the plural, the plural and the sin ular, and the use of any gender shall be applicable to all genders. IN WIT S WHEREOF, the grantor has executed this deed on the date set forth above. RANDY WILS6N State of COLORADO ) ) ss. GARFIELD ) County of The foregoing instrument was acknowledged before me this by J. Randy Wilson 101yYccrtii&t oa expires 1 CINDY HUGHES tfl \. �f ;����, �.......•. •�f"P 1. Ste.. No. 933 17TH day of MAY ,19 93 , 051795 . Witness my hand and official seal. Notary Pub c - File No. 93021235 C-2 x,: /I 29 1.v is;o 460 Uccordod at., 8:02 o'clock... A....M April 18, 19y2 Reception No 2416.9 L11_a Ste • ...Recorder. THIS DEED, Made this 19 72, between /3/ day of April_ /,: W. C. MOORE and VIOLA M. MOORE C D: LI of the County of Garfield and State of JI Colorado, of the first part, and J 1, .%,i ��r CC?' :'•...,.,�� MALCOLM D. SMITH and MARTHA K. SMITH of the County of Garfield and State of Colorado, of the second part: WITNESSETII, that the said partieSof the first part, for and in consideration of the sum of Ten Dollars and other good and, valuable consideration RCIDr, to the said part le /if the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, noc in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and being in the � County of Garfield ____and State of Colorado, to wit: TheSW4NW4 and all that part c;,. the(SE�NW 1 County Road, all in Section 5, t). 7 S.; R.94nW.,CP P.M.M of the with an undivided interest in and to the Evens Enlargement, h oftother Blue Bird Ditch from Cache Creek, together with 75• cubic feet of water per minute of time from the said ditch. SUBJECT TO a reservoir site and ditch rights of way as reserved in Warranty Deed Recorded June 2, 1914 in Book 93 at Page 350 as Re- ception No. 49606 and more particularly described as follows: There is._excepted from the foregoing conveyance of land four acres in the(NW4SE4.of.said Section 5 which is not the property of the Grantor herein, there is also excepted a tract of land in the SE4 NW4 of.said Section 6 containing 2.15 acres for a reservoir site, described as tol'Iows: Beginning at a point, N. 30° W. 1072 feet from the SE Corner of the SE4NW4 of said Section 5; thence S. 55° W. 270 feet to a point; thence N. 45° W; 215 feet to a point; thence N. 20° W,.233 feet to a point; thence S. 77° E. 405 feet to a poin • thence S. 23° E. 130 feet, thelace of be' hereby reserved a right of way for a ditch, beginning There is also ginnin� at a point which is 266 feet S. from the NW Corner of the NW4SE4 of said Sec- tion 5 and 100 feet from said W. line'of`said NW4SE4, thence W. 10 feet to the W. line of the NW4SE4 of said Section 5; thence N. 266 feet to the NW corner NW4SE4 of said Section 5; thence W. 225 feet thence S. 35 W.112 feet; thence N. 65° W. 320 feet; thence W. 550 feet along the S. line of the SE4NW4 of Section 5, to a gulch; thence along the said gulch to a reservoir tract herein above res- erved; thence from the Northern line of said'reservoir N. 21° E. 70 feet; thence N. 40° E. 100 feet; thence N. 68° E. 65 fee'-; then e N. 41° E. 90 feet to the North line of said SE4NW4 of said Section 5. There is also hereby reserved a ditch right-of-way, commencing at the point of beginning of the last ditch right-of-way above re- served; thence N. 45° E. 270 feet; thence N. 25° E. 25° E. then e N. 28° E. 410 feet; thence N. 12° E. 945 feet to the N. line of th SW4NE4 of said Section 5. There is also hereby reserved a ditch right-of-way beginning at a point at the SW Corner of the SW4NW4 of said Section 5; thence N. 1006 feet; thence N. 25° E. 220 feet; thence N. 52° E. 70 feet; thence N. 71° E. 190 feet; thence E. 150 feet; thence S. 42° E. 120 feet; thence N. 79° E. 175 feet; thence S. 88° E. 220 feet; thence N. 78° E. 365 feet to the Northwest Cor ner of the SW4NW4 of said Section 5. It being understood that the ditch right -of -.way hereby reserved are to be ten (10) feet in widt and also includes that the right to construct, maintain, clean out and operate the said ditches over and across the right-of-way here n above reserved and the r asonable and necessary use of said ditche for the carriage of water for irrigation and domestic purposes and the right to store water and use the same for the said reservoir w en corl t-CE"1; rTLt d it3I 1ptQnandtshmgu egerhveroi)7mesntsto d hrenancasbove unroeseonrvmegd, .o r in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of tho said pert iefbf the first part, either in law or equity, of, in and to the above bargained premises, with tho hereditaments and appurtenances. RECORDER'S STAMP STATE COCUM(IiTAI Y ;;i; ;APE j, ii 1:3/C l-._.. Vi; /pp SJ 7(,R, WAlt^,AP:'1'Y 11::};D—To 3,,1111 'I'ennnln.---ltrndfurd 1'n'.linhlul[ Company. IR't .'hoot:itre 1, benver, Colorndn--1.71 f 466 Recorded at, 8 02 o'clock.. A:.M., .....April 18, 19'72 Reception No 25f069 lsl l.a Ste I 'n ....... _Recorder. Trus DEED, Made this 19 72 , between i �" / � day of April W. C. MOORE and VIOLA M. MOORE of the County of Colorado, of the first part, and Garfield and State of I f, '23/ MALCOLM D. SMITH and MARTHA K. SMITH of the County of Garfield and State of Colorado, of the second part: WITNESSETH, that the said partieSof the first part, for and in consideration of the sum of Ten Dollars and other good and.valuable consideration >, RECORDER'S STAMP STATE COCUMEGTAfiLF__ . -: WR1t�MZ.. f..... ' V( to the said part iei3f the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha ve grunted, bariained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto alis said parties of the second part, their heirs and assigns forever, nog in tenancy in common but in joint tenancy, all the te•Ilowing described lot or parcel of land, situate, lying and being in the _ — County of C r f ie ld .. __and State of Colorado, to wit: TheSW4NWk and all that part o;- the(SEOW , lying Westerly of the County Road, all in Section 5, �. 7'S. R. 94 W., 0 P.M., together with an undivided interest in and to the Evens Enlargement of the Blue Bird Ditch from Cache Creek, together with 75• cubic feet of water per minute of time from the said ditch. SUBJECT TO a reservoir site and ditch rights of way as reserved in Warranty Deed Recorded June 2, 1914 in Book 93 at Page 350 as Re- ception No. 49606 and more particularly described as follows: There is._e xcepted from the foregoing conveyance of land four acres in the.NW4SE4.of.said Section 5 w;ich is not the property of the Grantor herein, there is also excLpted a tract of land in the SE4 NWti. of,said Section 6 containing 2,15 acres for a reservoir site, described as toT1-67= Beginning at a point, N. 30° W. 1072 feet from the SE Corner of the SE4NW4 of said Section 5; thence S. 55° W. 270 feet to a point; thence N. 45° W; 215 feet to a point; thene N. 20° W..233 feet to a point; thence S. 77° E. 405 feet to a poin{; thence S. 23° E. 130 feet, the place of beginning. There is also hereby reserved a right of way for a ditch, beginning at a point which is 266 feet S. from the NW Corner of the NW4SE4 of said Sec- tion 5 and 100 feet from said W. line` c;f' said NW4SE4, thence W. 10 feet to the W. line of the NWkSE4 of said Section 5; thence N. 266 feet to the NW corner NWkSE4 of said Section 5; thence W. 225 feet thence S. 35° W.112 feet; thence N. 65° W. 320 feet; thence W. 550 feet along the S. line of the SE4NWk bf Section 5, to a gulch; thence along the said gulch to a reservoir tract herein above res- erved; thence from the Northern line of said -reservoir N. 21° E. 70 feet; thence N. 40° E. 100 feet; thence N. 68° E. 65 feet; then e N. 41° E. 90 feet to the North line of said SE4NW4 of said Section 5. There is also hereby reserved a ditch right-of-way, commencing at the point of beginning of the last ditch right-of-way above re- served; thence N. 45° E.• 270 feet; thence Ne 25° E. 110 feet; thence N. 28° E. 410 feet; thence N. 12° E. 945 feet to the N. line of th SW4NEk of said Section 5. There is also hereby reserved a ditch right-of-way beginning at a point aL the SW Corner of the SW4NW4 of said Section 5; thence N. 1006 feet; thence N. 25° E. 220 feet; thence N. 52° E. 70 feet; thence N. 71° E. 190 feet; thence E. ].50 feet; thence S. 42° E. 120 feet; thence N. 79° E. 175 feet; thence S. 88° E. 220 feet; thence N. 78° E. 365 feet to the Northwest Cor ner of the SW4NW4 of said Section 5. It being understood that the ditch right-of-way hereby reserve' are to be ten (10) feet in widt and also includes that the right to construct, maintain, clean out and operate the said ditches over and across the right-of-way here n above reserved and the 7,asonahle and necessary use of said ditche r^� -he carriage of, water for irrigation and domestic purposes and the L store water and use the salve for the said reservoir w en c rig In the rccervoir site herein above reserved. d singular the hereditaments chd appurtenances tlereun o be onging, or in anywise orlt�c ' �yn 1 reversions, remainder and remainders, rents, issues and profits thereof; and niniq with �! lemand whatsoever oo aid pert ie 5bf the first part, either in )remises, with :aments and appurtenances. r nl! th c, fin right, and the reversion ,..., lniy °r estate linty, o title, interest, �, in and to the above ba nn, ve Jnr, Gnifleu f1:.;1:h--T� Jort,t 'In - t. Dtnver, (A,Inrndo —1-11 Feb -18-97 11:40A • • DECLARATION OF WELL SHARING AGREEMENT THIS DECLARATION is made this 15th day of January, 1997 by JAN'IES P. AND ILSE LYONS. WITNESSETH: WHEREAS, James P. and Ilse Lyons own certain real property more particularly described in Exhibit A attached hereto, and WHEREAS, it is James P. and Ilse Lyons' intent to divide said real property into three separate parcels as more particularly described in Exhibit B, and WHEREAS, James P. and Ilse Lyons are the owners of the Lyons Well No. I, permit No. 110037, being located at a point 2,600 feet from the North section line and 700 feet from the West section line of Section 5, T7S, R94W of the 6th P.M., and WHEREAS, it is James P. and Ilse Lyons' intent that the owners, successors and assigns of the lands described in Exhibit B may use water from the Lyons Well No. 1 for all legal purposes. NOW, THEREFORE, James P. and Ilse Lyons declare as follows: 1. The owners, successors and assigns of the real property described in Exhibit B shall have the right to use water from the Lyons Well No..1 for all legal purposes, in an amount not to exceed 1/3 of the water available at Lyons Well No. 1, provided that the right is appurtenant to said parcels described in Exhibit B and may not be conveyed separate and apart therefrom. 2. The owners, successors and assigns in interest to the property described in Exhibit 13, shall pay one third (1/3) of the cost and expense of maintaining the well, pump, storage tank and related equipment necessary to produce water from the well for its use on the above described properties as provided in this Declaration. 3. The owners, successors and assigns of the real property described in Exhibit B, shall pay their portion of the expenses described in paragraph 2 above within 30 days after receiving notice thereof, and upon failing to make such payment the right to receive water from the Lyons Well No. 1 shall discontinue until such payment is received. 4. The owners, successors and assigns may disconnect the water line from the Lyons Well No. 1 upon giving written notice to James and Ilse Lyons, their successors or assigns. Upon disconnection of the water line the owners, successors and assigns of the property described in Exhibit B, shall be relieved of any obligation under paragraph 2 above from the date of disconnection, provided that they will remain liable for all obligations under paragraph 2 above which were incurred prior to the date of disconnection. P_02 Feb -18-97 11:40A P. 03 • . Executed the day and year first above written. ILSE LNS STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this 15th day of January, 1997, by JAMES P. AND ILSE LYONS. p'Y'�V„�,TNESS my hand and official seal. NOTARY PUIlLIC My commission expires: 04/19/99 Address: 0575 Hwy. 133 Carbondale, CO 81623 Declaration or Well Sharing Agreement Page 2 Feb -18-97 11:41A • EXHIBIT A TOWNSHIP 7 SOUTH, RANGE 94 WEST OF THE 6TH P.M. SECTION 5: SW'/.NW'/, and all that part of the SE'/.NW% lying westerly of the County Road. EXCEPTING therefrom a reservoir site and ditch rights-of-way as reserved in Deed recorded June 2, 1914, in Book 93 at Page 350. P_ 04 Feb -18-97 11:41A oir EXI-.1131T II • P_05 of ect on 5, ship A tract of land situated in the S£1M4NWCounty of Garfieldl/State of 1ColoradoNnsaid 7 South, Range 94 West of the 6th P.M., tract of land being more particularly described as ollows: Beginning at a point on the Northerly Right of Way of County Road #301 as f ion 5 bears constructed and in place from which 09140"E he West feet,er said Wes said 1/4 tcorner being S.88.0626"'rl. 1034.93 feet and #14060; th-n along the Northerly and Westerly a standard monument and brass cap, P.L.S. Right of Way of said County Road the following ten (10) courses: N 88•gF.'n "E'. 41.69 feet; N.86'S1'46"E. 272.71 fe-t; 77.63 feet l angle of 76'44'" the S4r'cand a of a curve tie left having a radius of 57.95 feet, chord which bears 'x.48"29'19"E. 71.95 feet; N.10. 6'52"E. 269.63 feet; 159.61 feet along the arc of a curve to the right having a raius of 408.50, a central angle of 22`23'12" and a chord which bears N.21.18'28"E. 158.•0 feet; N.32.30'04"E. 152.57 feet; 148.85 feet along the arc of a curve to the right having a radius of 550.46 feet, a central angle of 18'29'38" and a chord which bears N.40'14'53"£. 148.40 feet; y 47-5c'2_ 'r. 200.02 feet; 193.57 feet along the a c of a curve to the left having a radius of 540.00, a central angle of 20'32'18" and a chord which bears N.37'43'33"E. 192.53 feet; N.27 -27'24"E. 315.01 feet to the North line of said SE1/4NW1/4; then along said North line S.89'10'29"W. 938.53 feet to the N rthwest corner of said SE1/4NW1/4; then along the North line of said SW1/4NW1/4 S.89.1 '29"W. 140.95 feet; then departing said North line 5.00'46'00"E. 126.9.36 feet desthe oint cribed tact of Beginning. d as reserved for a Exc::pting therefrom the following reservo17 site as described in document recorded in Book 93 at Page 350 of the records of said County, said excepted tract bein' more particularly described as follows; Beginning at a point from which the Southeas corner of said SE1/4NW1/4 bears S.30+00'00"E. 1072.00 feet; then 5.55'00.0G"W. 270:00 feet; then N.45'00'00"W. 215.00 feet; then N.20 -00'00"W. 233.00 feet; then .77'00'00"E. 405.00 feet; then S.24 -`e.31 E. 137.92 feet (Record: S.23 -E. 130 feet) to the Point of Beginning. Said tract of land containing a net acreage of 38,763 square feet or 16.96 acres as described. A tract of land situated in the SW1/4NW1/4 of section 5, Township 7 South, Range 94 West of the 6th P.M., County of Garfield, State of Colorado, said tract of land being more particularly described as follows: Beginning at a point on the Northerly Right constructed and in place from which the West 1/ S.88 -06'26"W. 515.15 feet and S.04'09'40"E. 15.68 standard monument and brass cap, P.L.S =14060; th- of said County Road N.88•06'26"E. 519.7 feet; the Way N.00 -46'00"W. 1269.36 feet to the N,;rth line o North line S.89•10'29"W. 557.58 feet; then depart 1279.56 fee: to the Point of Beginning Said tract of land containing a net acreage of as des:ribed. of Way of County Road 7301 as corner of said Section 5 bears eet, said West 1/4 corner being a n along the Northerly Right of Way departing said Northerly Right of said SW1/4NW1/4; then along said ing said North line 5.02-27'50"E. 86,413 square feet or 15.76 acres Feb -18-97 11:41A • • EXHIBIT !3 (Cont'd) P. 06 A tract of land situated in the SW1/4NW1/4 of section 5, 'Township 7 South, Range 94 West of the eth P.M., County of Garfield, Sta e of Colorado, said tract of land being more particularly described as follows: Beginning at a point on the Northerly Right constructed ana in place from which the West 1/ S.04 -09.40-E. 15.08 feet, said West 1/4 corner bein. P.L.S. 814060; then along the Northerly Right of Wa 515.15 feet; then N.02'27'50'W. 1279.56 feet to the along said North line 5.89.'10'29"W. 553.59 feet SW1/4NW1/4; then along the West line of said SW1/4 the Point of Beginning. Said tract of land containing a net acreage of as described. of Way of County Road ;301 as corner of said Section 5 bears a standard monument and crass cap, of said County Road N.88 06.26-E. North line of said SW1/4NW1/4; then to the Northwest corner of said W1/4 S.04'09'40"E. 1290.82 feet to 86,257 square feet or 15.75 acres • • Colorado Department of Health = Drinking*Water Section REPORTING FORM FOR NITRATE/NITRITE ee h'{T OQEN ANALYSES SAMPLER: PLEASE FILL OUT ONE FORM - FOR EACI-t INDIVIDUAL SOURCE/PLANT or COMPOSITE SET YES ( ) or NO ( I THESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPLING REQUIREMENTS **** INSTRUCTIONS/DEFINITIONS ON BACK OF FORM **** PWSID ftCOUNTY: Gck,r m e l� SYSTEM/ESTABLISHMENT NAME: SYSTEM ADDRESS: 1 1 1 5 Co Zalo i sa..t edd,.ee.Po se" CITY STATE Jett DATE COLLECTED: LL / -1 L±' CONTACT PERSON: PHONE: j'7O) /7 7 SAMPLE COLLECTED BY: -J ; �C, 4. _.. TIME COLLECTED: CI; y -S WATER TYPE: RAW rrJ. t,e.mw,v te" o.r CHL O! !ATrr+ r t Sc7URCE(S): LOCA770N(S):-A&i.ess We_ 11 MCI WW1( OP •«•M1 ZIP 3 11 SAMPLE POINT(S): DO SAMPLES NEED TO BE COMPOSITED BY LABORATORY 7 YES I I For Laboratory Use Only Below This Line CLIENT NAME or ID/ ]i- 1 es LABORATORY SAMPLE S I.ARORATORY NAME Lir and Jct. DA TE RECEIVED IN LABORATORY c.:OMMEN T S: TE.=:,t.r_?d 11 PARAMETER ni i RATE/NITRITE-N l! 1 PATE N i:l 1 Ri it fV I f( -Dm rl (mg/0 RESULT .1(77 1.97 or NO (� ! LAB PHQNE A pec alrm �,I i_ DATE ANALYZED '' / / rite, 12/4/96 ;=or...nitrate. H :Li (mg/1) MCL 10.0 10.0 Jt tnlJt--trif :.r. EPA METHOD fir Not Tented for compound The Anelytn le found In the associated blank as well as In the sample mg/L = Milligrams per Uter PACL = Maximum Contaminant Level Lnh MOL lehcretory Method Detection Unlit H .- Holding Time has been exceeded Reviewed & Approved by Di recfnr^; .: Jtle 0_, c) i. _12 / Date MAIL RESULTS TO: Colorado Department of .Health, WQCD-DW-82, 4300 Cherry Creek Drive South, Denver, CO 80222- Fl^vised 6/94 - J:\WP\LABFORMSINITRATE.FRM Received from: GA JOHN C. *HART & CO. D MIMI [A ALUtS • 435 NORTH AVENUE PHONE 242-7618 • GRAND JUNCTION, COLORADO 81501 ANALYTICAL REPORT ..1 PL1 CO 1..,".".;-J':.;..; Customer No. Laboratory No Sample 1.1/26J -?6 Date Received Date Reported J ?-7 • ; . • CL t� 0Z cn01� I—Q(J., LL Z W ogac aI- <W W wo CO W LL 1S31 NO 03AI303t1 4 3MV1� 5 6 DE;Drd sY cQ'i i XAf LON Oa w Q 1- - J w CC 3 cr w W u� J Q Z � J W � m Z_�� Q cc • V d 2w a� • 2 8 W Z < 02 J X • ¢ 3 2 >- - Z 0 1- 0 Z 0 3 id z 0 010 00 V w 0 0 cc < Z LL W Q. ri 0 N C Z w< m JZ wO DV 1.1 <F 0Z 1- 2 0c 1- Z �c In - LU a• as `U\ u3 0 n A yJ 0 0 [- �i Zr 0 w v ^^�2 tt Q J' va:� ✓ o 0 al k N Zu. Ocr �p J (4 <0W O0 LL w 2 w w w 2 U 2 ¢ } 0 - 3 F wm ¢° < ?yg • Lyons SB -35 1/13/97 The applicant's tract is 51 acres in size, located on Holms Mesa, approx. 7 miles east of Parachute north and west of CR 301. The tract slopes at an average of 11% and there is an existing single family dwelling and agricultural buildings located in the (that should read) southcentral portion of the property. Land uses adjacent to and in the vicinity of the applicant's tract are generally agricultural and residential, on larger tracts. This proposal is to divide, by exemption, the 51 acre tract into three parcels two would be nearly 16 acres in size and the third approx. 19 acres in size. The existing structures would be located on the central lot and the other proposed lots would be developed as single family homesites, in the future. The application contains a deed from April, 1972, which describes the tract as it currently exists and that no previous subdivision action has occurred. Based on this information, this request complies with Section 8:52 A of the subdivision regulations. In terms of zoning, the property is zoned A/R/RD and all proposed lots are in excess of the 2.0 acre minimum lot size requirement. The property is not within any floodplain and slope would not be an impediment to further development. The water supply would be from an existing well, that recently been pump -tested at a rate of 4 gpm for 4 hours duration. Drawdown during the test was approx. 4 feet, and the well recovered to within 4.5 inches of its pre -pumped level in one hour. The well is permitted as an exempt, domestic well, which is a legal water supply for up to three single family dwellings. This information attests to an adequate physical and legal water supply for the proposal. Prior to final approval, regulations require that a shared well declaration be submitted, 20 foot waterline and wellhead easements been shown on the plat and the water must be tested for nitrates/nitrites and fecal coliform bacteria. Individual sewage disposal systems would be the method of wastewater disposal and, according to the soil conservation service, there are two types of soil on site, the Morval loam and the vale silt loam. These soils have slight to moderate constraints when used for building site development and have moderate constraints when ISD systems are used. Access to the proposed lots would be from CR 301 and staff presumes that each lot would be developed with an individual driveway. Staff has visited the site and suggests that as long as new driveways are developed in appropriate locations, there would be adequate sight distances. Staff recommends the applicants discuss driveway intersection with Road and Bridge and receive any driveway permits, if required by road and bridge, prior to final approval. The grand valley fire protection district has submitted a letter, essentially stating its approval of the proposal. The district requests the applicants discuss with it the fire protection plans, road design and water resources. Additionally, staff suggests the inclusion of the standard plat note addressing wildfire mitigation. 1 If approved, all required easements must be shown on the exemption plat, and the applicant would be required to pay $200, in school impact fees for each new lot, prior to final approval. Based on this analysis, staff recommends approval of the application, pursuant to the listed conditions, with the exception of the proposed plat note concerning road impact fees, which should be removed, due to DeFord's opinion it is unenforceable.